06-21-94 Regular
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING ~11.Amertca City
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JUNE 21. 1994 - 6:00 P.M./PUBLIC HEARING 7:00 P.M.
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COMMISSION CHAMBERS
The City shall furnish" appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal opportunity
to participate in and enjoy the benefits of a service, program, or
activity conducted by the City. please contact Doug Randolph, (407 )
243-712-7 at least twenty-four (24) hours prior to the program or activity
in order for the City to reasonably accommodate your request.
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
1ajority vote of the Commission member present.
City Commission
Regular Meeting
6/21/94
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
or hearing, such persons will need a record of these proceedings, and for
this purpose such persons may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. The City will neither provide nor
prepare such record.
AGENDA
1. Roll Call.
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2. Invocation.
3. Pledge of Allegiance to the Flag. O~
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4. Agenda Approval. )JO{S
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Action: Motion to Approve.
5. Approval of Minutes:
Regular Meeting of June 7, 1994
6. Proclamations:
7. Presentations:
../A. RESOLUTION NO. 49-94: A resolution recognizing and commending
Selma Kleinman for 19 years of dedicated service to the City of
Delray Beach.
8. Consent Agenda: City Manager recommends approval.
./A. AGREEMENT APPROVAL/TRANSPORTATION ENGINEERING CONSULTANT FIRMS:
Approve Agreements for Professional Services for David Plummer
and Associates and McMahon and Associates as Transportation
Engineering Consultants for on-going "as needed" services.
,I B. WATER SERVICE AGREEMENT/BOY'S FARMERS MARKET: Approve water
service agreement with Elizabeth and Anthony Fannelli, owners
of the Boy's Farmers Market located at 14378 Military Trail.
v'C. LANDSCAPE AGREEMENT/SHERWOOD PONTIAC: Approve Landscape
Agreement for Sherwood Pontiac to install the required land-
scape strip along Federal Highway upon the widening of the
highway.
./ D. CHANGE ORDER/CHAZ EOUIPMENT: Approve Change Order to the
contract with Chaz Equipment to add sanitary sewer reconstruc-
tion as needed in conjunction with the Alleyway Reconstruction
Project, returning it to the original amount of $709,235.75.
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City Commission
Regular Meeting
6/21/94
Funding source is from Renewal and Replacement - CBD - Alleyway
Phase II (Account No. 442-5178-536-61.47) with budget transfer
from R&R Project Reserves (Account No. 442-5178-536-99. 01) .
..IE. AMENDMENT TO ,LANDSCAPE CONTRACT/SEAGULL INDUSTRIES FOR THE
DISABLED, INC. : Approve amendment to landscape contract with
Seagull Industries for the Disabled, Inc.
JF. SERVICE AUTHORIZATION NO. l/COTLEUR-HEARING, INC. : Approve
Service Authorization No. 1 with Cotleur/Hearing, Inc. in the
amount of $26,201.73 for landscape architectural and consulting
services in connection with West Atlantic Avenue
Beautification.
vG. REPLAT/SABAL LAKES PHASE II: Approve replat for Lots 87-96
Block 1, Sabal Lake~ Phase II to correct legal boundaries.
v'H. RATIFICATION OF APPOINTMENT TO KIDS AND COPS COMMITTEE: Ratify
appointment of Ms. Mary Rollins Pilgrim to the Kids and Cops
Committee as the representative for Plumosa Elementary School
to a term ending April 22, 1996.
,;1. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND
DISPOSAL BOARD ACTION: Ratify the SCRWTD Board action of April
21, 1994, giving approval to expend $2,600 for Gear Drive
(Pista Gritter) and $3,000 for Air Conditioner in Administra-
tion Building, from the Repair and Replacement Fund
.I J. STORMWATER MANAGEMENT ASSESSMENT AGREEMENT/PALM BEACH COUNTY
PROPERTY APPRAISER: Approve agreement with Palm Beach County
Property Appraiser's office for collection of the City's
stormwater management assessment.
.I K. PROPERTY ACOUISITION/S.W. 10TH AVENUE: Approve acquisition of
Salas property on Wallace Drive (for S.W. 10th Avenue) in the
amount of $45,000.
./L. PUBLIC AGENCY AGREEMENT/COMMUNITY SERVICE PROGRAM: Approve the
Public Agency Agreement for the Community Service Program.
/M. APPELLATE FEES/CITY OF DELRAY BEACH v. RAZETE. ET AL: Approve
payment of appellate fees in the amount of $30,025.50 (plus
interest, if any) in the case of the City of Delray Beach v.
Razete, et ale
~N. APPELLATE FEES/CITY OF DELRAY BEACH v. LA.F.F. : Approve
payment of appellate fees in the amount of $12,339.93 (plus
interest, if any) in the case of the City of Delray Beach v.
I.A.F.F.
O. AWARD OF BIDS AND CONTRACTS:
/l. Contract Award - S.W. 10th Street Road Widening - Phase I
in tl'1e amount of $443,074.50 to All-Rite Paving Contrac-
tors, Inc. Funding for $343,264.50 is available from
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City Commission
Regular Meeting
6/21/94
Decade of Excellence (Account No. 228-3162-541-61.90), and
$99,810.00 from Water & Sewer Renewal and Replacement
(Account No. 442-5178-536-61.90).
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9. Regular Agenda:
~. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS:' Consider accepting the actions and decisions made by
the Planning and Zoning Board, Site Plan Review and Appearance
Board and the Historic Preservation Board during the period
June 6 through June 17, 1994.
v13. PLANNING AND ZONING BOARD DECISION APPEAL/ADULT VIDEO STORE:
Consider an appeal of a Planning and Zoning Board decision
regarding status of an adult video store located in Pelican
Harbor Shops at 32rrS South Federal Highway.
vC. HOLD HARMLESS AGREEMENT/MURPHY MARINE: Consider approval of a
hold harmless agreement with Murphy Marine which is supplying
the barge for the City's Fourth of July fireworks. City
Attorney has reviewed and approved the agreement as to form and
legal sufficiency.
vD. REQUEST FROM JOINT VENTURE/FOURTH OF JULY ACTIVITIES: Consider
Joint Venture request for use of public property, sidewalks,
streets, various ordinance waivers, and city staff assistance
for various programs being sponsored during the Fourth of July
weekend.
./E . REMOVED C &.cr SEE AD 0 en Du.m - IlfJ 0 E-O ::r+f.m 9. E. )
vF. ADOPTION OF VISIONS 2005 PLAN: Consider adoption of the Policy
Statement as approved by the participants of Visions 2005
Assembly Steering Committee.
VG. REMOVED
/H. APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION:
Appoint a regular member (neutral capacity) to the Public
Employees Relations Commission to a term ending June 26, 1998.
v I. APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint two regular
members and one alternate member to the Civil Service Board to
terms ending July 1, 1996.
Jf. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint
two members to the Downtown Development Authority to terms
ending July 1, 1997.
v/K. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint a
member to the Community Redevelopment Agency to a term ending
July 10, 1998.
JL. TEE MARKER REPLACEMENT AGREEMENT/MUNICIPAL GOLF COURSE:
Consider entering into a five-year agreement with Sandshop Golf
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City Commission
Regular Meeting
6/21/94
Signs to provide new tee signs for the fourth tee hitting
position on all Golf Course tees.
10. Public Hearings:
A. ORDINANCE NO. 54-94: An ordinance providing for the
certification and adoption of the assessment roll for the
Banker"s Row Assessment District.
v'B. REOUEST FOR WAIVER/DELRAY BEACH YACHT CLUB CONDOMINIUM:
Consider a request to waive the provisions of LDR Section
4.3.4(J) (a) to allow a base grade of seven (7) feet above mean
sea level to be used for determining the height limitation of
the Delray Beach Yacht Club Condominium project located at the
northwest corner of MacFarlane Drive and Ingraham Avenue.
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S0 ORDINANCE NO. 30-94: An ordinance amending Section 4.4.19 of
. the Land Development Regulations to allow "Auctions" as an
accessory use in the MIC (Mixed Industrial and Commercial)
District. Planning and Zoning Board recommends approval.
D. ORDINANCE NO. 31- 94 : An ordinance amending the Land
v Development Regulations by enacting a new Section 4.4.27, Open
Space and Recreation (OSR) District. Planning and Zoning Board
recommends approval.
~. ORDINANCE NO. 32 - 94: An ordinance amending Section 4.4.21,
Community Facilities (CF) District of the Land Development
Regulations by clarifying purpose and intent, types of uses
allowed, and development, supplemental and special regulations
for the zone district. Planning and Zoning Board recommends
approval.
~. ORDINANCE NO. 33-94: An ordinance amending Section 4.4.22,
Open Space (OS) District of the Land Development Regulations by
clarifying purpose and intent and amending types of uses
allowed within the zone district. If passed, public hearing
June 21, 1994. Planning and Zoning Board recommends approval.
'l" ORDINANCE NO. 34-94: An ordinance rezoning Del-Aire Golf
Course from OS (Open Space) District to OSR (Open Space and
Recreation) District. Planning and Zoning Board recommends
approval.
H.v" ORDINANCE NO. 35-94: An ordinance rezoning The Hamlet Golf
Course from OS (Open Space) District to OSR (Open Space and
Recreation) District. Planning and Zoning Board recommends
approval.
vr. ORDINANCE NO. 36-94: An ordinance rezoning Sherwood Park Golf
Course from OS (Open Space) District to OSR (Open Space and
Recreation) District. Planning and Zoning Board recommends
approval.
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City Commission
Regular Meeting
6/21/94
./J. ORDINANCE NO. 37-94: An ordinance rezoning the Delray Beach
Municipal Golf Course from OS (Open Space) District to OSR
(Open Space and Recreation) District. Planning and Zoning
Board recommends approval.
vK. ORDINANCE NO. 38-94: An ordinance rezoning Barwick Park from
CF (Community Facilities) District to OS (Open Space) District.
Planning and Zoning Board recommends approval.
-.L. ORDINANCE NO. 39-94: An ordinance rezoning the Catherine
Strong Center from CF (Community Facilities) District to OSR
(Open Space and Recreation) District. Planning and Zoning
Board recommends denial.
vM. ORDINANCE NO. 40-94: An ordinance rezoning the Delray Beach
Municipal Cemetery "'from CF (Community Facilities) District to
OSR (Open Space and Recreation) District. Planning and Zoning
Board recommends approval.
'N. ORDINANCE NO. 41-94: An ordinance rezoning Pompey Park from CF
(Community Facilities) District to OSR ( Open Space and
Recreation) District. Planning and Zoning Board recommends
approval.
JO. ORDINANCE NO. 42-94: An ordinance rezoning Lake Ida Park from
CF (Community Facilities) District to OS (Open Space) District.
Planning and Zoning Board recommends approval.
J. ORDINANCE NO. 43-94: An ordinance rezoning Lake Ida Park (on
Lake Drive at N.W. 11th Street) from CF (Community Facilities)
District to OS (Open Space) District. Planning and Zoning
Board recommends approval.
~. ORD I NANCE NO. 44-94: An ordinance rezoning the Boy Scout Hut
property from CF (Community Facilities) District to OSR (Open
Space and Recreation) District. Planning and Zoning Board
recommends approval.
vR. ORDINANCE NO. 45-94 : An ordinance rezoning Pioneer Park from
CF (Community Facilities) District to OS (Open Space) District.
Planning and Zoning Board recommends approval.
/S. ORDINANCE NO. 46-94: An ordinance rezoning Merritt Park from
CF (Community Facilities) District to OSR (Open Space and
Recreation) District. Planning and Zoning Board recommends
approval.
-/!'. ORDINANCE NO. 47-94: An ordinance rezoning Veterans Park from
CF (Community Facilities) District to OSR (Open Space and
Recreation) District. Planning and Zoning Board recommends
approval.
fl. ORDINANCE NO. 48-94: An ordinance rezoning Currie Commons from
CF (Community Facilities) District to OSR {Open Space and
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City Commission
Regular Meeting
6/21/94
Recreation) District. Planning and Zoning Board recommends
approval.
JV. ORDINANCE NO. 49-94: An ordinance rezoning Knowles Park from
CF (Community Facilities) District to OS (Open Space) District.
Planning and Zoning Board recommends approval.
JW. ORDINANCE NO. 50-94: An ordinance rezoning Miller Park from CF
(Community Facilities) District to OSR (Open Space and
Recreation) District. Planning and Zoning Board recommends
approval.
vX. ORDINANCE NO. 51- 94: An ordinance rezoning the Bucky Dent
Baseball School from CF (Community Facilities) District to OSR
(Open Space and Recreation) District. Planning and Zoning
Board recommends denial.
vY. ORDINANCE NO. 52-94: An ordinance rezoning the Park adjacent
to School Site S-2 from CF (Community Facilities) District to
OSR (Open Space and Recreation) District. Planning and Zoning
Board recommends approval.
vi. ORDINANCE NO. 53-94: An ordinance amending Section 4.6.4,
"Special District Boundary Treatment", of the Land Development
Regulations by repealing Subsection 4.6.4 (E) , "Community
Facilities Zoning Adjacent to Residential Zonin~", in its
entirety. Planning and Zoning Board recommends approval.
11. Comments and Inquiries on Non-Agenda Items from the Pub1ic-
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. 55-94: An ordinance amending Chapter 100,
"Nuisances", Section 100.01, "Existence of Weeds, Trash, and
Vegetation Upon Lands Prohibited", of the City's Code, to
prohibit the placement of pyramid-shaped or similar type
markers within a public right-of-way. If passed, public
hearing July 5, 1994.
vlB. ORDINANCE NO. 21-94: An ordinance annexing a 1.57 acre parcel
(Boy's Farmers Market at 14378 Military Trail), small scale
land use map amendment to affix official designation of GC
(General Commercial), and establishing initial zoning of GC
(General Commercial) District. If passed, public hearing July
5, 1994.
13. Comments and Inquiries on Non-Agenda Items.
A. Commission
B. City Attorney
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City Commission
Regular Meeting
6/21/94
C. City Manager
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - JUNE 21. 1994 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE CONSENT MEETING AGENDA IS AMENDED TO INCLUDE:
~ AGREEMENT WITH LOUIS G. JENSEN/OFF-SITE PARKING AND
CANCELLATION OF UNITY OF TITLE.
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THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE:
~ REOUEST FROM JOINT VENTURE/SUMMER NIGHTS PROGRAM.
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M E M 0 R A N D U M
TO: David T. Harden, City Manager
FROM: Alison MacGregor Harty, City Clerk
SUBJECT: Heritage Association/Conditional Use Request
DATE: June 21, 1994
As requested, attached is information regarding the Heritage
Association/conditional use request to establish a multi-purpose
recreational and entertainment facility at the former bowling
alley on S.E. 1st Avenue. The material is arranged
chronologically, as follows:
Regular meeting of October 13, 1992 - initial
consideration of conditional use request; postponed to
October 20, 1992.
Special meeting of October 20, 1992 - continuation of
conditional use request; conditional use denied by 4 to
1 vote (Mayor Lynch and Commissioners Mouw, Andrews and
Alperin voting for denial, with Mr. Randolph
dissenting), with secondary motion directing Education
Board to study the issue of youth activities and report
back in 90 days, passed 4 to 1 (Mr. Randolph
dissenting).
Workshop meeting of April 20, 1993 - discussion with
Heritage Association re their request for
reconsideration of previous conditional use
application. Consensus to reconsider the application
and waive all application fees.
Regular meeting of April 27, 1993 - ratification of
consensus regarding Heritage Association (i.e., for
reconsideration and waiver of fees); approved on
consent agenda.
Minutes are attached, together with the backup material provided
for each agenda.
If you want additional information, please let me know.
AMH/m
Attachments
RESOLUTION NO. 49-94
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING SELMA
KLEINMAN FOR NINETEEN YEARS OF DEDICATED SERVICE TO THE
CITY OF DELRAY BEACH.
WHEREAS, Selma Kleinman was hired by the City of Delray Beach,
Florida, June 13, 1975; and,
WHEREAS, Selma Kleinman will reach a milestone in her career on
June 13, 1994; and,
WHEREAS, this milestone is achieving nineteen (19 ) years of
full-time public service with the City of Delray Beach, Florida; and,
WHEREAS, Selma Kleinman has been a faithful and dedicated
employee in the City Manager's Office for these past nineteen years;
and,
WHEREAS, Selma Kleinman has consistently performed any and all
duties required of her in an exceptionally mature professional manner,
exhibiting initiative, competence and loyalty; and,
WHEREAS, Selma Kleinman will retire from employment with the
City of Delray Beach effective June 30, 1994; and,
WHEREAS, the services and knowledge provided by this dedicated
employee will be missed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, hereby congratulates and expresses its sincere thanks
and appreciation to Selma Kleinman for nineteen years of dedicated,
faithful, public service with the City of Delray Beach, and further
wishes her the best of health and happiness in her retirement.
PASSED AND ADOPTED in regular session on this 21st day of June,
1994.
MAYOR
ATTEST:
City Clerk 7A
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~ f\ - MEETING OF JUNE 21. 1994
AGREEMENT APPROVAL/TRANSPORTATION ENGINEERING CONSUL-
TANT FIRMS
DATE: JUNE 17, 1994
This is before the Commission to approve Agreements for Profes-
sional Services with the firms of David Plummer and Associates
and McMahon and Associates as Transportation Engineering
Consultant firms. The firms will provide the City with on-going
lias neededll services.
Funding for the remainder of this fiscal year will come from the
unexpended Traffic Engineer salary in the Planning and Zoning
budget. In the coming fiscal year the funds will be included in
the budget of the Engineering Department.
Recommend approval of the Agreement for Professional Services
with the firms of David Plummer and Associates and McMahon and
Associates.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN,
FROM: DIANE DOMINGUEZ,
DIRECTOR OF PLANNING
SUBJECT: MEETING OF JUNE 21, 1994 **CONSENT AGENDA**
APPROVAL OF AGREEMENT FOR TRANSPORTATION CONSULTING
SERVICES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Agreements for Professional Services with two
firms for the provision of on-going transportation
engineering services on an as-needed basis.
B A C K G R 0 U N D:
On May 17, 1994, the City Commission approved the selection of
two firms, MacMahon and Associates and David Plummer and
Associates, to provide ongoing transportation consulting
services, in lieu of maintaining a Traffic Engineer on staff.
Funds for the services will come from the unexpended Traffic
Engineer salary in the Planning and Zoning budget. In the
coming fiscal year, the funds will be included in the budget of
the Engineering Department, which will administer the contract.
Attached is a copy of the standard Agreement for Professional
Services outlining the general duties and responsibilities of
the City and the consultant. Once approved, the agreements will
be executed by the two firms and the City. Specific duties
related to the completion of actual studies and projects will be
included in future Service Authorizations.
R E COM MEN D E D ACT ION:
By motion, approve the attached Agreement for Professional
Services with the firms of David Plummer and Associates and
McMahon and Associates.
Attachment:
* Agreement for Professional Services
T:CCTRAF.DOC
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this _ day
of , 1994, by and between the CITY OF DELRAY
BEACH, FLORIDA, hereinafter referred to as "CITY", and DAVID
PLUMMER & ASSOCIATES, hereinafter referred to as "CONSULTANT" .
WITNESSETH:
WHEREAS, the CITY represents that it is a Florida
municipal corporation with the authority to engage the CONSUL-
TANT and accept the obligation for payment for the services
desired; and,
WHEREAS, the CITY desires to engage the CONSULTANT to
perform professional services on an as-needed basis for
transportation consulting services in accordance with this
AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the
time of or subsequent to execution of this AGREEMENT; and
WHEREAS, the CONSULTANT desires to provide such
professional services in accordance with this AGREEMENT and
SERVICE AUTHORIZATIONS.
NOW, THEREFORE, in consideration of the premises and
the mutual benefits which will accrue to the parties hereto in
carrying out the terms of this AGREEMENT, it is mutually
understood and agreed as follows:
1. DEFINITIONS; GENERAL CONDITIONS
A. THE SCOPE OF WORK is to be implemented as set forth
by this Agreement and by SERVICE AUTHORIZATIONS,
which are attached hereto and made a part hereof, and
as also may be added as approved by the City from
time to time.
B. A SERVICE AUTHORIZATION is a form to be used to
authorize work, projects, and services. The form
shall be executed by the CITY'S and CONSULTANT'S
representatives. A CITY purchase order number shall
be identified on the form. The purchase order
authorization is established in the CITY Code of
Ordinances with provisions for expenditure levels of
approval authorizations. A sample form of the
service authorization is attached as Exhibit "A" to
this AGREEMENT. The projects, work and services to
be performed by the CONSULTANT and time for comple-
tion of the particular phase of the work by CONSUL-
TANT shall be authorized by a SERVICE AUTHORIZATION.
The SERVICE AUTHORIZATION shall include the scope of
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work to be performed; the budget cost, complete with
an itemization of man hours, wage rates, reimbursable
expenses, and other related costs; schedule for
completion and name of project manager. The SERVICE
AUTHORIZATION shall be signed by the CITY and the
CONSULTANT'S authorized representative. A CITY
purchase order shall be issued with authorization
identifying funds and amount of expenditures. The
terms of this AGREEMENT supersede the terms stated on
the purchase order.
II. GENERAL DUTIES OF CONSULTANT
A. The relationship of the CONSULTANT to the CITY will
be that of a professional transportation consultant,
and the CONSULTANT will provide the professional and
technical services required under this AGREEMENT in
accordance with acceptable professional practices and
ethical standards. No employer/employee relation-
ships shall be deemed to be established and the
CONSULTANT, its agents, subcontractors, and employees
shall be independent contractors at all times.
B. Professional and Technical Services. The CONSULTANT
shall be responsible for working with the CITY in
preparing transportation studies and reports pursuant
to the terms of this AGREEMENT and as set forth in
SERVICE AUTHORIZATIONS, which will be made a part of
this AGREEMENT upon execution by both parties.
C. The CONSULTANT shall be responsible for working with
the CITY and advising the CITY as it relates to
transportation issues.
D. The scope of services to be provided shall be covered
in detail in SERVICE AUTHORIZATIONS.
E. The City has established a budget for each project
awarded to CONSULTANT. The CONSULTANT shall be
responsible for providing, at no additional cost to
the City, all plans, specifications, reports and
other contracted services if the budget for the
contracted services is exceeded during and up to
completion of the project; however, nothing contained
herein shall require the CONSULTANT to bear addi-
tional costs if the additional costs are a result of
a change in the scope of services directed by the
City.
F. The CONSULTANT shall be responsible for the profes-
sional quality, technical accuracy, timely
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completion, compliance with regulations and rules,
and the coordination with all appropriate agencies of
all plans, specifications, reports and other services
furnished by the CONSULTANT under this AGREEMENT. If
the CITY determines there are any errors, omissions
or other deficiencies in the CONSULTANT'S plans,
specifications, reports and other services, the
CONSULTANT shall, without additional compensation,
correct or revise said errors or omissions to the
satisfaction of the CITY. This provision shall not
apply to any maps, official records, contracts or
other data that may be provided by the CITY or other
public agencies or semi public agencies which one
would reasonably expect to be accurate, and which the
CONSULTANT could not reasonably be expected to know
to be inaccurate.
G. Approval by the CITY of plans, specifications,
reports and incidental professional services or
materials furnished hereunder shall not in any way
relieve the CONSULTANT of responsibility for the
technical adequacy of its work. The CITY'S review,
approval or acceptance of, or payment for, any of the
services shall not be construed to operate as a
waiver of any rights under this AGREEMENT or of any
cause of action arising out of the performance of
this AGREEMENT.
H. The CONSULTANT designates DAVID S. PLUMMER, as its
representative to act as liaison with the CITY. The
representative shall manage and coordinate CITY
projects and is hereby authorized to act on behalf of
the CONSULTANT to negotiate and approve SERVICE
AUTHORIZATIONS and act on any other related matter
with respect to performance of services for the CITY
in accordance with the AGREEMENT. Any change to name
another person shall be requested in writing to the
CITY, and shall be approved by the City.
I. CONSULTANT shall attend all meetings specified or as
defined in each SERVICE AUTHORIZATION of the City
Commission, any City approval Board, or any other
designated responsible entities for purposes of
presenting and/or discussing the project, unless the
Ci ty' s representative declares such attendance and
participation is not necessary. In addition, the
CONSULTANT shall specify a program of working
meetings and field trips required to facilitate the
project.
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III. DATA AND SERVICES TO BE PROVIDED BY THE CITY
The CITY shall provide the following:
A. Furnish or cause to be furnished such reports,
studies, instruments, documents, and other informa-
tion as the CONSULTANT and CITY mutually deem
necessary and which are under control of the CITY.
B. Other data and services to be agreed upon in sub-
sequent SERVICE AUTHORIZATIONS.
C. The CITY or its designated representative shall
examine documents submitted by CONSULTANT and shall
render decisions pertaining thereto within a reason-
able time to avoid delay in the process of
CONSULTANT'S work.
D. Coordinate Meetinqs. The CITY shall arrange and
coordinate meetings with CITY staff, and the task
teams as required for the CONSULTANT'S performance.
E. Liaison and Coordination. The CITY shall provide
introductions and requests for cooperation from
adjacent cities, counties, state, federal, and other
governmental agencies, and private persons and groups
where such cooperation is necessary for the perfor-
mance of the CONSULTANT.
F. Temporary Office and Meetinq Space. The CITY shall
periodically provide temporary space to the CONSUL-
TANT as necessary in carrying out the following
tasks: Consulting during the preparation of the
redevelopment and/or revitalization plan; inventory
and analysis of materials within the CITY'S offices
which are not easily reproducible or transportable;
or other matters requiring on premise coordination
with the Planning Director or his delegated staff
representative(s).
G. Proiect Manaqer. The Planning Director or her
designee representative(s) shall be the project
manager and shall be authorized to act as directed on
behalf of the CITY.
IV. TIME OF PERFORMANCE
The CONSULTANT'S services called for under the AGREEMENT
shall be completed in accordance with the schedule con-
tained in each SERVICE AUTHORIZATION. If the CONSULTANT'S
services are unreasonably delayed by the CITY in excess of
180 days, the time of performance and compensation shall
4
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be renegotiated, provided; however, the CONSULTANT as a
condition precedent to renegotiation shall notify the City
within fifteen (15) calendar days at the end of the delay
of CONSULTANT'S proposed additional costs incurred by
reason of said delay.
. V. AGREEMENT PERIOD
The period of service is from the date of execution of
this AGREEMENT until such time as all outstanding SERVICE
AUTHORIZATIONS issued have been completed. Each Service
Authorization shall delineate a time for completion of the
service to be rendered.
VI. COMPENSATION
A. The CITY will compensate the CONSULTANT for the
services performed on each SERVICE AUTHORIZATION in
accordance with a sum not to exceed budgeted amount
based on time charges which are based upon hourly
rates, plus reimbursable expenses as are specified in
the SERVICE AUTHORIZATION.
B. The CONSULTANT will submit a not to exceed budget
cost to the CITY for prior approval based on actual
time charges which shall not exceed established
hourly rates as shown in Exhibit "B" attached hereto,
plus reimbursable expenses and other related costs.
The CITY shall not be obligated to reimburse the
CONSULTANT for costs incurred in excess of the not to
exceed cost amount.
C. In addition, the CITY shall pay for reimbursable
expenses invoiced at the actual cost of expenditures
incurred by the CONSULTANT if provided in the SERVICE
AUTHORIZATION as follows:
(1) Actual expense of transportation and
lodging in accordance with CITY policy in
effect at the time of travel when traveling
in connection with each SERVICE AUTHOR I -
ZATION, express courier charges, and permit
fees paid for securing approval of
authorities having jurisdiction over the
project.
(2) Actual expense of reproductions, of
Drawings and Specifications including
duplicate sets of the completion of each
SERVICE AUTHORIZATION for the CITY'S review
and approval.
5
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( 3 ) Actual expense of overtime work requiring
higher than regular rates, when authorized
by the CITY.
( 4 ) Actual expense of Auto Travel at the
established CITY rate per mile for travel
outside Palm Beach County.
D. Total Compensation for all services and expenses
shall not exceed the budget cost listed upon each
SERVICE AUTHORIZATION, without written approval.
E. If the CITY determines that any price for services,
however calculated provided by the CONSULTANT,
including profit, negotiated in connection with this
AGREEMENT or any cost reimbursable under this AGREE-
MENT was increased by any significant sums because
the CONSULTANT furnished incomplete or inaccurate
costs or pricing data, then such price or cost or
profit shall be reduced accordingly and the SERVICE
AUTHORIZATION shall be reduced accordingly and the
SERVICE AUTHORIZATION shall be modified in writing to
reflect such reduction.
VII. PAYMENT
A. The CITY agrees that it will use its best effort to
pay the CONSULTANT within thirty (30) calendar days
from presentation of the CONSULTANT'S itemized report
and invoice and approval of the CITY'S represen-
tative, unless additional time for processing is
required for payments for reimbursable expenses. The
CONSULTANT shall submit monthly invoices, as required
in the SERVICE AUTHORIZATION, which shall include a
report of work completed during the respective
invoice period. Invoices shall be in a format
consistent with those shown in Exhibit "C". The
report shall be adequate in detail to describe work
progress (% complete for each task) and written
summaries of work completed. No payment request
shall exceed the value of work and services performed
by the CONSULTANT under the SERVICE AUTHORIZATION.
B. CITY agrees to compensate CONSULTANT for services
pursuant to fee schedules included in SERVICE AUTHOR-
IZATIONS less a ten percent (10%) retainage.
C. CITY shall make final payment of the ten percent
(10%) retainage, to CONSULTANT, within thirty (30)
days after all work has been completed. Completion
shall be deemed to occur when CITY has accepted as
6
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final, all of CONSULTANT'S work required pursuant to
the SERVICE AUTHORIZATION.
D. If the CITY fails to make any payment due to the
CONSULTANT for services and expenses within forty-
five (45) days after receipt of any invoice, the
amounts due the CONSULTANT shall accrue interest at
no more than eight percent (8%) APR from the forty-
sixth (46th) day; and in addition, the CONSULTANT
may, after giving seven ( 7 ) days written notice to
the CITY, suspend services under this Agreement
without incurring liability due to suspension until
he has been paid in full all amounts due him for his
services and expenses. Provided, however, that in
the event the invoices are contested by the CITY for
any reason, the CITY shall have no obligation to pay
any such invoice, and interest shall not accrue until
the dispute is resolved. In the event of a contested
invoice, the CITY shall notify the CONSULTANT within
ten (10) working days.
VIII.ADDITIONAL SERVICES
Notwithstanding that specific services are enumerated in a
SERVICE AUTHORIZATION, the CONSULTANT will, upon written
request of the CITY, provide any and all other
transportation consulting services so requested by the
CITY, if such additional services shall result in extra
compensation to the CONSULTANT, an amendment to the
SERVICE AUTHORIZATION will be required. It is understood
and agreed that if such additional services are requested,
the amended Agreement shall be considered as a
nonexclusive, continuing contract with respect thereto.
The CONSULTANT understands that in the event any
additional services are provided without the prior
approval of the CITY, the CITY shall not be under any
obligation to reimburse the CONSULTANT for such services.
IX. MISCELLANEOUS PROVISIONS
A. Ownership Documents:
Reports and all other documents and plans that result
from the CONSULTANT'S SERVICES under this AGREEMENT
shall become and remain the property of the CITY,
including copyright rights, whether the project is
completed or not, and will be delivered to the CITY
upon demand. CONSULTANT reserves the right to retain
a copy of all such documents for record purposes.
Where such documents are required to be filed with
7
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governmental agencies, the CONSULTANT will furnish
copies to the CITY upon request. The contract work
is represented by hard copy documentation; software,
is provided to the CITY for convenience only.
B. Copies of Documents:
The CONSULTANT shall provide copies of all documents
and other work products as specified in the SERVICE
AGREEMENTS. The CITY acknowledges that the materials
cited in Paragraph IX A. and other data provided in
connection with this Agreement which are provided by
the CONSULTANT are not intended for use in connection
with any project other than the project for which
such materials are prepared. Any use by the CITY of
such materials in connection with a project other
than that for which such materials were prepared
without prior written consent and adaptation by the
CONSULTANT shall be at the CITY'S sole risk, and the
CONSULTANT shall have no responsibility or liability
therefore.
C. Insurance:
Without limiting any of the other obligations or
liabilities of the CONSULTANT, the CONSULTANT shall,
at his own expense, provide and maintain in force
until all of its services to be performed under this
Agreement have been completed and accepted by the
CITY (or for such duration as is otherwise specified
hereinafter), the following insurance coverages:
1. Comprehensive General Liability or Commercial
General Liability with minimum limits of five
hundred thousand ($500,000.00) dollars.
2. Notice of Cancellation and/or Restriction - The
policy(ies) must be endorsed to provide the CITY
with thirty (30) days notice of cancellation
and/or restriction.
3. Prior to execution of this contrast, the
CONSULTANT shall provide to the CITY Certifi-
cates of Insurance evidencing the insurance
coverage specified in the foregoing paragraphs.
D. Litiqation Services:
It is understood and agreed that CONSULTANT'S
services include reasonable participation in litiga-
tion arising from this AGREEMENT. Litigation
8
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services shall be an extra service at an hourly rate
as indicated in the service authorization.
E. Authority to Contract:
The CITY represents that it is a Florida Municipal
Corporation with the authority to engage the CONSUL-
TANT for professional services described in the
SERVICE AUTHORIZATIONS and to accept the obligation
for payment for the services described in the SERVICE
AUTHORIZATIONS.
F. Assiqnment:
The CITY and the CONSULTANT each binds itself and its
successors, legal representatives, and assigns to the
other party to this AGREEMENT and to the partners,
successors, legal representatives, and assigns of
such other party, in respect to all covenants of this
AGREEMENT subject to budget considerations and
requirements of law; and, neither the CITY nor the
CONSULTANT will assign or transfer their interest in
this AGREEMENT without the written consent of the
other.
G. Confidential Information:
During all times that the CONSULTANT is employed on
behalf of the CITY and at all times subsequent to the
date of this contract, all discussions between the
CITY and the CONSULTANT and all information developed
or work products produced by the CONSULTANT during
its employment and all matters relevant to the
business of the CITY not otherwise being a matter of
public record shall be deemed to be confidential.
All such information and work product shall be
protected by the CONSULTANT and shall not be revealed
to other persons without the express written permis-
sion of the CITY, unless mandated by order of the
court.
H. Non-Exclusive Contract:
The CITY reserves the right to award projects to
other firms during the period of service of the
CONSULTANT. The CONSULTANT agrees to cooperate with
the CITY and other firms in accomplishing work that
may require joint efforts to accomplish the CITY'S
goals. This.cooperation, when requested by the CITY,
will include but not be limited to:
9
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1. Sharing technical information developed under
contract with the CITY.
2. Joint meetings for project coordination.
3 . Establish lines of communication.
I. Subconsultants:
In the event the CONSULTANT, during the course of the
work under this AGREEMENT requires the services of
any subcontractors or other professional associates
in connection with services covered by this AGREE-
MENT, CONSULTANT must secure the prior written
approval of the CITY.
J. Notices:
Whenever either party desires to give notice unto the
other, it must be given by written notice, sent by
registered United States mail, with return receipt
requested, addressed to the party for whom it is
intended at the place last written, as the place for
giving of notice in compliance with the provisions of
this paragraph. For the present, the parties desig-
nate the following as the respective places of giving
of notice to wit:
City of Delray Beach
City Manager
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
CONSULTANT
David S. Plummer, President
David Plummer & Associates
901 Northpoint Parkway, Suite 108
West Palm Beach, Florida 33407
K. Attachments:
Request for Qualifications is hereby incorporated
within and made an integral part of this AGREEMENT.
L. Truth-In-Negotiation Certificate:
Signature of this AGREEMENT by CONSULTANT shall act
as the execution of a truth in negotiation
10
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certificate stating that wage rates and other factual
unit costs supporting the compensation of this
AGREEMENT are accurate, complete, and current. The
original contract price and any additions thereto
shall be adjusted to exclude any significant sums by
which the CITY determines the contract price was
increased due to inaccurate, incomplete, or
non-current wage rates and other factual unit costs.
M. Records:
Records of all expenses relative to each SERVICE
AUTHORIZATION shall be kept on a generally recognized
accounting basis and shall be available to the CITY
or its authorized representative at mutually conve-
nient times.
N. Personnel:
The CONSULTANT represents that it has or will secure,
at its own expense, qualified personnel required in
performing the services under this AGREEMENT. All
work shall be performed under the direction of a
professional, registered under the State 'f Florida
in the field for which he is responsible for perform-
ing such services. The project manager shall be
approved by the CITY under each SERVICE AUTHORIZA-
TION. Key project personnel will be identified for
each project and expected to perform the work assign-
ment as can reasonably be expected.
O. Equal Opportunity Employment:
CONSULTANT agrees that it will not discriminate
against any employee or applicant for employment for
work under this Agreement because of race, color,
religion, sex, age or national origin. Such action
shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruit-
ment advertising; lay-off or termination; rates of
payor other forms of compensation; and selection for
training, including apprenticeship. The CONSULTANT
agrees to post in conspicuous places, available to
employees and applicants for employment, notices
setting forth this non-discrimination clause. This
provision applies to all CONSULTANT'S subcontractors
and it is the responsibility of CONSULTANT to ensure
subcontractor's compliance.
11
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P. Prohibition Against Contingent Fees:
The CONSULTANT warrants that he has not employed or
retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to
solicit or secure this AGREEMENT, and that he has not
paid or agreed to pay any persons, company, corpora-
tion, individual or firm, other than a bona fide
employee working solely for the CONSULTANT any fee,
commission, percentage, gift, or any other considera-
tion, contingent upon or resulting from the award or
making of this AGREEMENT.
Q. Termination:
Either the CITY or CONSULTANT may terminate this
Agreement, with or without cause, upon thirty (30)
days written notice. At such time as the CONSULTANT
receives notification of the intent of the CLIENT to
terminate the contract, the CONSULTANT shall not
perform any further services. In the event of
termination by the CONSULTANT without cause, the
CONSULTANT will forfeit payments due for all in-
complete Phases. Otherwise the CONSULTANT shall be
paid for all services rendered to the date of termi-
nation and all reimbursable expenses incurred to the
date of termination. All data and materials
generated to date of termination shall become the
property of the CITY and will be transmitted to same
in a swift and timely manner.
R. Indemnification:
For the consideration of Ten Dollars ($10.00),
receipt of which is hereby acknowledged, the
CONSULTANT agrees to indemnify, save and hold harm-
less and defend the CITY, its officers, agents (the
term agents shall not include the contractor(s), any
subcontractors, any materialmen or others who have
been retained by the CITY or Contractor, or
materialmen to supply goods or services to the
project) and employees, from and against all
liability, any claim, demand, damage, loss, expense
or cause of action and costs (including attorney's
fees at trial or appellate levels) arising out of
error, omission, or negligent act of CONSULTANT, its
agents, servants or employees in the performance of
services under this AGREEMENT. The CONSULTANT
furtper agrees to indemnify, hold harmless and defend
the CITY, its officers, agents and employees from and
against any claim, demand or cause of action arising
o~,t of any negligence or misconduct of CONSULTANT for
12
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which the City, its agents, servants or employees are
alleged to be liable. The indemnifications contained
herein- shall survive the expiration or earlier
termination of this Agreement. The monetary limita-
tion on the extent of the CONSULTANT'S liability
shall be one million dollars ($1,000,000.00).
Nothing in this AGREEMENT shall be deemed to affect
the rights, privileges and immunities of the CITY as
set forth in Florida Statutes 768.28.
S. Conflict of Interest of Consultant:
The CONSULTANT agrees to notify the CLIENT of any
pri vate land development consulting work presently
under contract or agreement within the City of Delray
Beach planning area prior to commencement of any work
under this Agreement and shall not enter into any
contracts or agreements, submit proposals for profes-
sional services, or perform any work or services
whatsoever that would raise a conflict of interest in
relations to the CONSULTANT'S services pursuant too
this Agreement. The City Manager shall have final
decision making authority as to whether a conflict of
interest exists, and any decision by the City Manager
shall be binding on the CONSULTANT.
T. Leqal Opinions:
The CONSULTANT shall be bound by legal opinions
offered by the City Attorney relating to the Scope of
Services.
U. Compliance with Laws:
a. The CONSULTANT shall comply with the applicable
requirements of state and applicable County laws
and all Codes and Ordinances of the CITY OF
DELRAY BEACH as amended from time to time, and
that exist at the time of building permit
issuance.
b. For SERVICE AUTHORIZATIONS involving work under
Federal or State Grantors or Approving Agencies,
the CITY and the CONSULTANT shall review and
approve the applicable required provisions or
any other supplemental provisions as may be
included in each SERVICE AUTHORIZATIONS.
V. Jurisdiction; Venue:
The CONSULTANT hereby covenants, consents and yields
to the jurisdiction of the State Civil Courts of Palm
13
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Beach County, Florida. Any dispute between CONSUL-
TANT and the CITY shall be governed by the laws of
Florida with venue in Palm Beach County.
W. Extent of Aqreement:
This AGREEMENT represents the entire integrated
AGREEMENT between the CITY and the CONSULTANT and
supersedes all prior negotiations, representations or
AGREEMENTS, written or oral. This AGREEMENT may not
be amended, changed, modified, or otherwise altered
in any way, at any time after the execution hereof,
except by approval of the CITY Commission.
IN WITNESS WHEREOF, the CITY has caused these
presents to be executed in its name by its Mayor, and attested
and its official Seal to be hereunto affixed by its CITY Clerk,
and the CONSULTANT has hereunto set its hand and Seal the day
and year first written above.
CITY OF DELRAY BEACH, FLORIDA
By:
MAYOR
ATTEST:
City Clerk
Approved as to Form:
City Attorney
CONSULTANT:
David Plummer & Associates
By:
Witness David S. Plummer, President
(Seal)
Witness
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me
this day of , 1994, by
14
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fIt1
SUBJECT: AGENDA ITEM # 3 B - MEETING OF JUNE 21. 1994
WATER SERVICE AGREEMENT/BOY'S FARMERS MARKET
DATE: JUNE 17, 1994
This is before the Commission to approve a water service agree-
ment for Elizabeth and Anthony Fannelli, owners of the Boy's
Farmers Market located at 14378 Military Trail. The request
includes all three of the Boy's Farmers Market holdings; 2.89
acres.
The City is currently processing an annexation request for the
two parcels on the southern half of the property, which is before
the Commission for first reading on this agenda. There is a
separate request for annexation of the north parcel. It excludes
a 30 foot access easement which runs along the north side of the
property and provides access to two residences which are under
County jurisdiction.
The applicant has agreed to and signed the water service agree-
ment, which will ensure that any development on this property,
including the north parcel, will comply with the City's develop-
ment regulations.
The Environmental Services Department has approved the agreement
with the condition that within the 30 foot access easement an
easement be dedicated to the City of Delray Beach for utility
purposes.
Recommend approval of the water service agreement for Elizabeth
and Anthony Fanelli of The Boy's Farmers Market.
.
..r /"
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CITY MANAGER
THRU:
FROM:
SUBJECT: MEETING OF JUNE 21, 1994
WATER SERVICE AGREEMENT FOR ELIZABETH AND ANTHONY
FANNELLI, OWNER OF THE BOY'S FARMERS MARKET LOCATED AT
14378 MILITARY TRAIL.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a water service agreement for a commercial
use known as The Boy's Farmers Market.
The subject property is located at 14378 Military Trail on
the east side of Military Trail, approximately 2,100 feet
north of Atlantic Avenue.
BACKGROUND:
The request includes all three (3) of the Fannelli's (The Boy's
Farmers Market) holdings, containing approximately 2.89 acres.
The property contains The Boy's Farmers Market which has a 4,648
sq. ft. farmers market (flower and produce shop) with outdoor
display area and associated parking (south parcel) and a vacant
lot (north parcel) . The City is currently processing an
annexation request for the two parcels that comprise the
southern half of the property (1. 57 acres) . This annexation
action is before the Commission for first reading on this
agenda.
The applicant has submitted a site plan application to construct
a new farmers market on the south parcel has submitted a
separate request to annex the north parcel. The annexation
request excludes a 30 ft. access easement which runs along the
north side of the property and provides access to two residences
which are under County jurisdiction. As a precautionary measure
of not having the ability to annex the north parcel, the
applicant has agreed to process the water service agreement.
Processing this agreement will ensure the City that any
development will comply with the City's development regulations.
,
City Commission Documentation
Meeting of June 21, 1994
Water Service Agreement for Elizabeth and Anthony Fanelli
(The Boy's Farmers Market)
Page 2
The agreement has been reviewed and approved by the
Environmental Services Department (for availability of water) ,
the Planning Department (for legal description) and the City
Attorney's Office (for form) . The Environmental Services
Department has approved the agreement with the condition that
within the 30 ft. access easement which runs along the north
side of the north parcel that an easement be dedicated to the
City of Delray Beach for utility purposes.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board does not review water service
requests.
RECOMMENDED ACTION:
By motion, approve the standard water service agreement for
Elizabeth and Anthony Fanelli of The Boy's Farmers Market.
Attachment:
* Location Map
* Water Service Agreement
'.
.
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N WATER SERVICE
AGREEMENT
.
---
AGREEMENT FOR WATER SERVICE
This agree~t. m~de. on ~s ~ ~'\ day of
by and between i=- \-;\~~h '" , ~~
hereinafter called the CUSTOr1ER, and the CITY OF DE RAY BEACH, a
municipal corporation of the State of Florida, hereinafter called
the CITY.
WITNESSETH, that the CUSTOMER, his heirs and assigns, for and
in consideration of the privilege of receiving water service from
the Municipal Water System, agrees to the following:
1. The CUSTOMER agrees to pay all costs of engineering,
materials, labor, supervision, inspection, tescing in order to
install the total length of extension necessary, in the professional
opinion of the Director of Environmental Services, to provide
service to the CUSTOMER'S premises. The CUSTOMER shall be
responsible for the installation and conformance with all applicable
codes, rules, standards and regulations of all service lines, and
connections on the CUSTOMER'S premises. The CITY shall have the
option to perform the necessary work or the CITY may have such work
performed by outside forces in which case the CUSTOMER shall pay in
advance all estimated costs thereof. In the event the CITY has such
work performed, the CUSTOMER shall remit such advance funds and any
additional funds as may be necessary to pay for che actual completed
project for the extension of services.
2. Any main extension made under this agreement shall be used
only by the CUSTOMER, unless permission is granted by the CITY for
other party or parties to so connect. If the CITY requires upsizing
or increased capacity beyond what is determined to be adequate by
the Director of Environmental Services in size and/or capacity, a
~o-rata refund will be made directly to the CUSTOMER by the CITY to
compensate these additi~nal costs. The CITY may also require
alternative bids to document the increased sizes or capacity to
establish these cost differences. The CUSTOMER acknowledges that
its right t<;> receive any refund pursuant to this paragraph is
subordinate to any and all requirements concerning the City's
outstanding water and sewer revenue bonds.
3. Title to all mains, extensions and other facilities
extending from the CITY water distribution system to and including
the meter to service the CUSTOr-IER shall be vested to the CITY
exclusively.
4. The CUSTOMER agrees to pay all charges, deposits, and
ra':es for service and eq'J.i;rent in connection with water service
outside ,:he CITY limits app~~=able under CITY'S ordinances and rate
s~hedules ~hich are now app:~=able or as may be changed from time to I
t1me. '
S. Any rights-of-way or easements necessary shall be provided
by the CUSTOr<IER.
6. It is understood by the CUSTOMER, and shall be binding
upon the CUSTOMER, his transferees, grantees, heirs, successors and
assigns, that all water to be furnished, supplied, and sold under
this agreement is made available from a surplus. If a surplus does
not exist at the time of CUSTOMER'S actual request for commencement
of service, as determined by the CITY'S Environmental Services
Director, then the CITY without liability may refuse to initiate
service to the subject premises.
I. The CUSTOMER further agrees in consideration of the
privilege of receiving water service from said CITY. thac the
execuLion of this agreement is considered a voluntary petiticn for
annexaLion pursuant to Section 171.044 of the Florida Statuces or
any successor or amendment thereco.
,
.
.
furthermore, should any other general law, special act, or local law
. - 'be enacted which provides for voluntary or consensual annexation,
this agreement shall also be considered a petition and request for
annexation under such other laws. The premises shall be sUbject to
annexation at the option of the CITY at any time they are eligible
under any one or more of the above-referenced laws concerning
annexation. The legal description of the sUbject premises is as
follows:
..$ /:6 A7?;4CHCO - /tlCN7/I=/b.tl 4.5 ~OqTt</ PARCCt- E' /VoRru PARCCC
The CUSTOMER acknowledges that this covenant for annexation is
intended to be and is hereby made a covenant running with the land
hereinabove described. That this agreement is to be recorded in the
public records of Palm Beach County, Florida, and that the CUSTOMER
and all subsequent transferees, grantees, heirs, successors and
assigns of CUSTOMER shall be bound by this annexation agreement.
7a. It is understood by the CUSTOMER that the CUSTOMER by
signing this agreement is hereby providing written consent to the
Stormwater Management Assessment levied by the City pursuant to its
ordinance and Florida Statutes, Chapter 197. This consent is a
written covenant running with the land. This agreement shall be
recorded in the Public Records of Palm Beach County, Florida. The
CUSTOMER and all subsequent transferees, grantees, heirs, successors
and assigns of CUSTOMER shall be bound by this written consent to
the Stormwater Management Assessment.
8. It is hereby agreed that the CITY shall have no liability
for the termination of water service to the premises, if the City
Commission shall determine that it is appropriate to protect the
public health, safety and welfare of the property or inhabitants in
the City of Delray Beach, so long as the premises remain outside of
the CITY limits. In the event the City Commission makes such a
determination, the CITY shall be and is hereby authorized to
discontinue water service to the premises upon ninety (90) days
notice given by the CITY.
In the event that the City Commission of the CITY determines that it
is necessary to permanently discontinue water service to the above
property, then the CITY shall execute a recordable release of this
annexation agreement which shall be recorded at the expense of the
CUSTOMER.
9. In addition to the limitation of the CITY'S liability
under paragraph 8 above, it is agreed the CITY shall have no
liability in the event there is a reduction, impairment or
termination in water service to be provided under this agreement due
to any prohibitions, restrictions, limitations or requirements of
local, regional, state or federal agencies or other agencies having
jurisdiction over such matters. Also, the CITY shall have no
liabili ty in the event there is a reduction, impairment or
termination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, earthquakes, othE't" causali t i.es or other
circumstances beyond the CITY'S reasonable centrol.
10. The CUSTOMER hereby agrees to indemnify, defend and hold
harmless the City of Delray Beach, Florida, its Mayor, members of
City commission, officers, employees, and agents (both in their
individual and official capacities) from and against all claims,
damages, lawsuits and expenses, including reasonable attorneys' fees
(whether or not incurred on appeal or in connection with
post-judgment collection) and costs arising out of or resulting from
the CUSTOMER'S obligations under or performance pursuant to this
agreement.
Rev. 03/22/93
- 2 -
,
/ 11- No prior or present agreements or representations shall be
binding upon any of the parties hereto unless incorporated in this
agreement. No modification or change in this agreement shall be
valid or binding upon the parties unless in writing executed by the
parties to be bound thereby.
12. The water use granted by this Agreement is for the
quantity of T.vo tapIs) located on the property described in
paragraph 7, above. The water shall be in conjunction with
'p/?nU/ct!: fr/ARKq- use as depicted upon the plan known as
7/tc a<--JY:;> ,r;4,1?'/y/cR5 /V?ARkt::T and approved by the
Site Plan Review and Appearance Board . Any
water furnished under this agreement shall not be used for
irrigation purposes unless such use is specifically and separately
approved by the Director of Environmental Services.
13. As an expressed condition of this Agreement, the CUSTOMER
further agrees to abide by all ordinances of the CITY which are in
effect at the time of development, redevelopment, or renovation on
the site and which pertain to land use and development matters.
Such matters include, but are not limi ted to signage, landscaping,
architectural review and approval, and the CITY'S formal site plan
review and approval processes. However, no development requirements
of the CITY shall be imposed which shall have the effect of
diminishing a County development standard or requirement. In such
cases, the CITY requirement shall be subservient and no further
action of waiver or variance shall be required.
14 . Water service, pursuant to this Agreement, must be
activated within two years of the date of this Agreement or said
Agreement shall be void. This Agreement shall also become void upon
annexation to the City of Delray Beach.
Rev. 03/22/93
.
. ,
.
.
. . (
,
t
IN WITNESS WHEREOF the parties hereto have this agreement the day
and year first written.
WITNESS: 0/12-
to Customer
ATTEST: CITY OF DELRAY BEACH
City Clerk ~ i y d.'kN.\GER
LEGAL DESCRIPTION APPROVED ~~~ /W"AVoR ~
BY PLANNING DEPARTMENT ~ 6~~
FORM APPROVED BY CITY A~RNEY ~-QJ:
STATE OF ~'" '-~R\<--..
COUNTY OF \~~o::::.~~
) ~
~e foregoing instrument~cknOW~ged beFore me this~ -,
.~ ~ ~~~~\."\ ~~
of ~~\ , 19 by 13--"'~ ~ ~~t-Je. \ 1 who
(name of ~on knowledged)
is personally known to me or has produced e\\~ '~C<- ~ :-~~""
(type 0 identification)
as identification and who did (did not) take an oath.
BARBARA J. PARDI
Commissioner of Deoos
C~YOfNewYork.No 5-918 N f kid d
Certlficate,Filed in Richrno.,d Co' . a,!,e 0 Ac now e ger, Type ,
Commission Expires Nov, I, I?~pr~nted or Stamped
. Title or Rank
Serial Number, if any
INotary Seal)
,
Rev. 03/18/92
,
/
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _____,
of , 19 _by
(name & title of officer or agent) of
(name of corporation acknowledging), a
(state or place of incorporation)
corporation, on behalf of the corporation. He/She is personally
known to me or has produced as
(type of identification)
identification and who did (did not) take an oath.
Signature of Person Taking
Acknowledgement
Name of Acknowledger, Typed,
Printed or Stamped
i
Title or Rank
Serial Number, if any
(Notary Seal)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _____,
of , 19 _by
(Mayor) and by (City Clerk) on behalf of
the City of Delray Beach, Florida, a Florida municipal corporation.
Said persons are personally known to me or have produced
as identification and did (did not) take
(type of identification)
an oath.
Signature of Person Taking
Acknowledgement
Name of Acknowledger, Typed,
Printed or Stamped
Title or Rank
Serial Number, if any
(Notary Seal)
Rev. 03/18/92
.
.
SOUTH PARCEL:
The South 63.73 feet of the South 1/2 of the Northwest 1/4
of the Southwest 1/4 of the Northwest 1/4 of Section 13,
Township 46 South, Range 42 East, Palm Beach County, Florida,
less the East 500 feet and less th,e right-of-way of Military
Trail (St.at.e Road No. 809),
AND
The North 63.73 feet of the South 127.46 feet of the South
1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northwest
1/4 of Section 13, Township 46 South. Range 42 East, Palm
Beach County, Florida, less the East 500 feet and less the
right-of-way of Military Trail (State Road No. 809),
AND
The North 63.13 feet of the South 191.19 feet of the South
1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northwest
1/4 of Section 1) , Township 46 South, Range 42 East, Palm
Beach County. Florida. less the East 500 feet and less the
r~qht-of-way of Military Trail (State Road No. 809).
LESS AND EXCEPT the following described real property:
A parcel of land for road right-of-way purposes,
lying in Section 13, Township 46 South, Range
42 East, County of Palm -Beach, State of Florida,
and more particularly described as follows:
For the purpose of this description the centerline
r~ght-of-way of Mi li tary Trail, (State Road 809)
as shown on the right-of-way map of Military Trail
(from State Road 806 North to Steiner Road) now
in the files of the Land Acquisition Department
of Palm Beach County under Project Number 86-112,
is assumed to bear North 00. 57' 45" West, and
all bearings recited herein are related thereto.
Commencing at the West One-Quarter (W~) corner
of said Section 13: thence, North 00. 00' 25"
West along the west line of the Northwest
One-Quarter (NW~) of said Section 13 a distance
of 697.17 feet to the south line of that cetain
- parcel described in deed recorded in Official
Record Book 4001, Page 640 of the Public Records
of said county', and the Point of Beginning: thence,
North 89. 46' 28" East along saic'l sOllth line a
distance of 13.33 feet to a line 60.00 feet east
of and parallel with the centerline right-of-way
of Hi li tary Trail, as said centerline is tthown
on said right-of-way map of Military Trail: thence,
North 00. 57' ..~.. west along said parallel line
a distance of 191. 21 feet to the south line of
that parcel conveyed to Robert S. Bacon on the
12th day of April, 1985, and described in deed
recorded in Off icial Record BOOK 4522, Page 406
of the Public Records of said county: thence,
South 89., 46' 28" West along said south line
a distance of 10.14 feet to the west line of the
Northwest One-Quarter (NW~) of said Section 13,
thence, South 00. 00' 25" East along said west
line a distance of 191.19 feet to the Point of
Beginning. Containing 2,243.7 square feet, more
or less.
AND:
The South 191.19 feet of the West 200 feet of the
East 500 feet of the South 1/2 of the Northwest
1/4 of the Southwest 1/4 of the Northwest 1/4 of
Sectlon 13. Townsh~p 46 South, Range 42 East,
Palm Beach County, F10nda
NORTH PARCEL:
THE SOUTH HALF (S. 1/2) OF THE NORTHWEST QUARTER (N.W. 1/4) OF
THE SOUTHWEST QUARTER (S.W. 1/4) OF THE NORTHWEST QUARTER (N.W.
1/4) OF SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA, LESS THE EAST 300 FEET, AND LESS THE SOUTH
191.19 FEET THEREOF AND LESS THE RIGHT-OF-WAY FOR MILITARY TRAIL
(STATE ROAD 809).
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ? c.... - MEETING OF JUNE 21. 1994
LANDSCAPE AGREEMENT/SHERWOOD PONTIAC
DATE: JUNE 17, 1994
This is before the Commission to approve a landscape agreement
for Sherwood Pontiac to install the required landscape strip
along Federal Highway upon the widening of the highway.
This request is associated with a major site plan modification
to expand an existing site and to establish a GMC truck
dealership. This agreement would allow Sherwood to defer
installation of the required 20 foot landscape strip until the
road is widened. Other nonconforming auto dealerships along this
corridor have entered into similar agreements with the City.
The Site Plan Review and Appearance Board approved a major site
plan modification for Sherwood Pontiac to establish the truck
sales on a parcel of land immediately north of and adjacent to
the existing dealership. A condition of approval was that the
property owner enter into an agreement with the City stating that
the required 20 foot landscape strip will be installed upon
widening of the highway.
Recommend approval of the landscape agreement to allow Sherwood
Pontiac to defer installation of the 20 foot landscape strip
along Federal Highway until the road is widened.
.
.
cl( I
[J-
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU:
ZONING
FROM:
SUBJECT: MEETING OF JUNE 21, 1994 ** CONSENT AGENDA **
APPROVAL OF A LANDSCAPE AGREEMENT TO INSTALL THE
REQUIRED LANDSCAPE STRIP ALONG FEDERAL HIGHWAY UPON
WIDENING OF FEDERAL HIGHWAY - SHERWOOD PONTIAC
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a landscape agreement to allow Sherwood Pontiac
to defer installation of the required 20' landscape strip
along Federal Highway until such time that the road is
widened.
The request is associated with a major site plan
modification to establish a Sherwood GMC truck dealership.
The subject property is located on the west side of South
Federal Highway, approximately 300 feet north 0 f Avenue F
(Fladell's Way).
BACKGROUND:
The development proposal involves the expansion of an existing
site and the establishment of a truck dealership. The proposed
truck display spaces will meet the required 20' landscape
setback [ref. LDR Section 4.3.4(H)(6)(b)], however, the existing
Sherwood Pontiac display spaces only provide a 10' landscape
setback along Federal Highway, which is an existing
nonconforming situation. Currently wi thin the Federal Highway
right-of-way, there is an additional 10' of landscaped area,
thus a total of 20' of green area is in place. However, as half
of that area is within the right-of-way, it is subject to
removal if and when the road is widened. The purpose of this
agreement is to ensure that the full 20' of landscaped area will
be provided on the dealership property if the road widening
occurs. Other non-conforming auto dealerships along this
corridor that have been through the land development process
.
.
City Commission Documentation
Meeting of June 21, 1994
Approval of Landscape Agreement for Sherwood Pontiac
Page 2
have entered into similar agreements with the City stating that
the required landscape buffer will be installed with the
widening of Federal Highway. Thus, the applicant requested
deferral of installation of the required 20' landscape strip
along Federal Highway. It is noted that with any major site
plan modification of the existing Sherwood Pontiac dealership
itself, provision of the required 20' landscape strip may be
requested.
At its meeting of January 26, 1994, the SPRAB (Site Plan Review
and Appearance Board) approved a major site plan modification
for Sherwood Pontiac to establish Sherwood GMC Truck Sales on a
parcel of land immediately north of and adjacent to the existing
Sherwood Pontiac dealership. A condition of approval was that
the property owner enter into an agreement with the City stating
that the required 20' landscape strip along Federal Highway will
be installed upon widening of Federal Highway.
On May 4, 1994, a landscape agreement was submitted which states
that upon widening of Federal Highway the required 20' landscape
strip will be provided.
REVIEW BY OTHERS:
City Attorney's Office
The Assistant City Attorney has reviewed the agreement with
respect to legal sufficiency and form, and determined that the
agreement is acceptable for execution.
RECOMMENDED ACTION:
By motion, approve the landscape agreement to allow Sherwood
Pontiac to defer installation of the required 20' landscape
strip along Federal Highway until such time that the road is
widened.
Attachment: Landscape Agreement
.
.
41217-276-581213 LAW OFFICES 61216 P02 JUN 14'94 14=55
.J
AGREEMENT PERTAINING TO PERIMETER LANDSCAPE STRIP
THIS AGREEMeNT is entered into this day of
-
, 1994 between SHERWOOD H. SHEEHAN, JR. hereinafter
referred to as l'Owner" ) and the CITY~OF DELRAY BEACH (herein-
after referred to as the "City").
WIT N E SSE T H:
Whereas, Sherwood Pontiac - GMAC Truck, Inc. applied to
the City for Site Plan Modification Approval (the "Site Plan");
and
Whereas, the City approved the Site Plan subject to
certain conditions; and
Whereas, one of the conditions of approval of the Site
Plan related to the property of the OWner which is adjacent to
and south of the property that was the subject of the Site Plan
approval; and
Whereas, the above condition required the Owner to enter
into an agreement with the City, whereby the Owner agrees that
when Federal Highway is widened that the Owner will provide the
required 20 foot perimeter landscape strip adjacent to the
expanded Federal Highway.
NOW, THEREFORE, for one dollars ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which is
recognized from each party to the other, the parties hereby
agree as follows:
1. The above Whereas clauses are true and correct and
are incorporated herein by reference.
2. This Agreement pertains to the property owned by
Owner which is described in Exhibit A attached hereto and
incorporated herein.
3. The Owner hereby agrees that at such time B!;i the
Federal Highway widening (adjacent to th~ property described in
paragraph 2) is completed, the Owner will provide the required
perimeter twenty (20) foot landscape strip (if still required
.
4U(-~(b-~~U5 LHW U~~l~~~ bl,:;Jb t-'1,:;J5 ..JUr-..j 1.4' '~4 1.4:~b
.
by City ordinances then in effect) adjacent to the _ expanded
Federal Highway.
4. Any notice or correspondence relating to this Agree-
ment should be sent via first class mail to the following
As to Owner: Sherwood H. Sheehan S~.
2400 South Federal aighway
~ Delray Beach, Florida 33483
As to City: City of Delray Beach
c/o City Manager
100 N.W. 1st Avenue
Delray Beach, Florida 33444
5. This Agreement shall be recorded in the Public
Records of Palm Beach County, Florida, and be binding upon the
successors and assigns of ~he parties hereto.
IN WITNESS WHEREOF, the parties have executed this
Agreement on the date indicated above.
By: ~n~~
/Ii~VK . ~1.,lfIJlwJ Sherwood H. eehan, Jr.
(Print or Type Name)
State of Florida
County of Palm Beach
The foresoing instrument was acknowlepged before , t~ J).
LtJl/daYOf :.JtI~G , 1994 byS~&.Jdl/IJ.(J;jEhj L
who is personally known to me er Rae ~rea~eca
as J.<l....UU".U..R. R. "l.~~
sJ.gna~ of ~otary Pub~~
CD IlOlIIll 11._ State of Florida
1Ir~'OOH~""
tl1IfIJ/IJ) s:::: FIlM ..... ·
. 2
.
"-' , '-- I '_ -'.-"'-. -. ~""" -. ... --- - -- - - - -
<
,;
ATTEST: City.of Delray Beach, Florida
By:
City Clerk Thomas Lynch, Mayor
Approved as to Form
and Legal Sufficiency:
City Attorney
gIIIIe..a~
3
.
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.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER r911
SUBJECT: AGENDA ITEM # ?]) - MEETING OF JUNE 21, 1994
CHANGE ORDER/CHAZ EQUIPMENT COMPANY, INC.
DATE: JUNE 17, 1994
This is before the Commission to consider a Change Order to the
contract with Chaz Equipment Company, Inc. to add sanitary sewer
reconstruction as needed, in conjunction with the Central
Business District Alleyway Reconstruction Project Phase II
Sewer reconstruction in the amount of $110,720.50 was deleted
from the contract awarded to Chaz at the May 3 Commission
meeting. However excavation during construction has revealed
numerous external sewer system problems with mains and service
connections not detectable by the closed circuit TV recordings of
the system. This Change Order would return the contract to the
original low bid amount of $709,235.75.
Funding source is from Renewal and Replacement - Central Business
District - Alleyways Phase II (Account No. 442-5178-536-61.47) ,
with budget transfer in the amount of $110,720.50 from Renewal
and Replacement Project Reserves (Account No. 442-5178-536-
99.01) .
Recommend approval of Change Order to Chaz Equipment Company,
Inc. in the amount of $110,720.50.
,
.
Agenda Item No. fJ)
AGENDA REQUEST
Date: 06/14/94
Request to be placed on:
XI Regular Agenda
special Agenda
Workshop Agenda When: 06/21/94
Description of item (who, what, where, how much) : Staff requests
Commission Approval for inclusion of sewer reconstruction previously
deleted from CBD Alleyway PH. II project (PN 93-002) awarded to Chaz
Equipment Co., Inc. at the May 3 Regular Meeting. Low bid submitted by
Chaz was $709,235.75. Sewer reconstruction in the amount of $110,720.50
was deleted from the bid award based on evaluation of closed circuit TV
recordings of the system involved. Subsequent excavation during
construction has revealed numerous problems with mains and service
connections not detectable by TV. P.O. #527609 will increase from
$598,515.25 to $709,235.75 with funding from Account #442-5178-536-61.47
transferred from Account #442-5178-536-99.01.
ORDINANCE/RESOLUTION REQUIRED: JJ_/NO DRAFT ATTACHED JJ_/NO
Recommendation: Staff recommends including previously deleted sewer
reconstruction in contract ~E~nt Co., Inc.
DEPARTMENT HEAD SIGNATURE: ~- ~ ~
Determination of consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
on all items involving expenditure of
city Manager Review:
Approved for agenda: &/NO t>~1
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
.
MEMORANDUM
TO: David T. Harden
city Manager ~n~
FROM: Richard C. Hasko, P.E.~
Deputy Director of Public utilities
SUBJECT: CBD ALLEYWAY RECONSTRUCTION PH II
PN 93-002
DATE: June 14, 1994
Attached is an agenda request and a copy of the original bid
tabulation for the subject project reflecting Chaz Equipment
Co, Inc. as the low bidder with a proposal of $709,235.75.
At the regular Commission meeting of May 3, Chaz was awarded
the construction contract in the bid amount less deduct
change order No. I, reducing the award by $110,720.50. This
deduct change order was to accommodate the deletion of
sanitary sewer reconstruction from the proj ect. A
review of closed circuit video tapes of the sewer lines in
the proj ect resulted in a staff recommendation to delete
them from the construction project and perform the necessary
repairs at a later date using chemical root control and
grouting/sealing techniques.
Since the project has been under construction, we have found
numerous external sewer system problems with old broken
service laterals, open and unconnected service connections
and plumbers' taps. In many areas where parallel utilities,
i.e., water mains and drainage are being installed, the
existing old clay sewer lines are unable to withstand the
disturbance caused by the parallel excavation. None of the
foregoing problems were detectable using closed circuit
television technology.
For the foregoing reasons, we are requesting that Commission
approve a modification to the current purchase order to Chaz
Equipment Co., Inc. to increase it by the $110,720.50
previously deducted so the sewer reconstruction can be
accomplished with this project. The total revised purchase
order amount will be $709,235.75 in accordance with the
original low bid proposal.
The P.O. number is 527609 with sanitary sewer funding from
account #442-5178-536-61.47, R&R - CDB Alleyways PH II.
This request is accompanied by a budget transfer in the
amount of $110,720.50 from account #442-5178-536-99.01, R&R
Project Reserves.
RCH: jem
c: William H. Greenwood, Director of ESD
Howard Wight, Construction Manager 2J [)
victor Majtenyi, Construction Manager Tech.
f: T/F city Manager
.
.
. t/~"
. t "- '1
[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr.1.ter'.. D.1.:rect L.1.ne
DELRA Y BEACH (407) 243-7090
F l 0 . I D ...
......
All-America City
" III! MEMORANDUM
Date: June 15, 1994
1993
To: City Commission Assistant City Attorn~
From: David N. Tolces,
Subject: Amendment to Landscape Contract with Seagull
Industries for the Disabled, Inc.
Seagull Industries requested an amendment to their current
contract regarding landscaping on Linton Boulevard, Homewood
Boulevard, and Military Trail. Due to safety concerns,
Seagull desires to cancel the Linton Boulevard portion of
the contract. The entire contract is due to expire on
August 10, 1994. At that time a new bid should be awarded
for all three locations.
Our office, in conjunction with the Department of Parks and
Recreation, recommends approval of the amendment. Please
call if you have any questions.
DNT: smk
Attachment
cc: David Harden, city Manager
Joseph Weldon, Director of Parks and Recreation
Sharon Morgan, City Clerk's Office
seagu1l2.dnt
? E
@ PonIed on Recycled Paper
'.
.
. .-._.~_.- . ...-----. ..
. .._. __ _~.____. ..,0,---- .___..--..._______.__.__ _.__ _.____.._
AMENDMENT NO. 1 TO LANDSCAPING CONTRACT
THIS AMENDMENT to the Agreement of August 10, 1993 is
entered into by and between the CITY OF DELRAY BEACH ("City") and
SEAGULL INDUSTRIES FOR THE DISABLED, INC. ("Seagull") on this
_ day of , 1994, and provides as follows:
-
WIT N E SSE T H:
WHEREAS, the parties to the above-mentioned Agreement have
determined that for safety purposes it would be best suited that
Seagull's employees no longer do landscaping work on Linton
Boulevard, and
..
WHEREAS, the parties mutually covenant ami agree to amend
the Agreement of August 10, 1993 to delete that portion of the
contract which required maintenance along Linton Boulevard from
the contract between the City and Seagull Industries, and
NOW, THEREFORE, in consideration of the mutual covenants,
stipulations and agreements herein contained, the parties agree
as follows:
. -
1. The recitations referred to above are hereby incor-
porated herein.
2. The parties agree to delete from the Agreement that
portion of the contract which relates to the maintenance of
landscaping on Linton Boulevard between Military and the CSX
Railroad. This would include Page 28 which is the schedule of
prices for Area No. 2.
_ __. _ _.__ _._. _~_._. .A' _......~_.~____~.__,_.......__._~....~__~
-- ~~ 4.> _..______..___4_..._.._._._.____.______________ _____~____&_.
,
3. All other terms and conditions of the Agreement dated
August 10, 1993, not in conflict with this Amendment shall remain
in full force and effect and are incorporated herein.
IN WITNESS WHEREOF, the parties hereto have set their hands
the day and year first above written.
OWNER:
A';I'TEST: City of Delray Beach, Florida
By:
City Clerk Thomas E. Lynch, Mayor
Approved as to Form:
City Attorney
.
CONTRACTOR: .
WITNESS: Seagull Industries for the
Disabled, Inc.
By:
Title
(Print or Type Name) (Print or Type Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH -
The foregoing instrument was acknowledged before me
this day of , 1994, by
(name of officer or agent, title of officer
or agent, of (name of
corporation acknowledging), a (state or place
of incorporation), corporation, on behalf of the corporation.
He/She is personally known to me/or has produced
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~
. -_.. - --, ,-- ._-._--- -.--_.-. -----------
. , ,
( type of identification) as identification
and did (did not) take an oath.
Name of Notary Public -
state of Florida
Print, Type or Stamp Name of
Notary Public
seaqull.agt
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ?F - MEETING OF JUNE 21, 1994
SERVICE AUTHORIZATION/COTLEUR-HEARING, INC.
DATE: JUNE 17, 1994
This is before the Commission to consider Service Authorization
No. 1 with Cotleur/Hearing, Inc. in the amount of $26,201.73, for
landscape architectural and consulting services in connection
with West Atlantic Avenue Beautification.
The scope of services has been divided into five phases as
follows:
Phase I Master Plan/Schematic Design Phase
Phase II Design Development Phase
Phase III Construction Document Phase
Phase IV Bidding/Negotiation
Phase V Contract Administration
It is anticipated that current D.O.E. funds may be augmented with
money available through the 1994/95 County and State Roadway
Beautification Grant Program. D.O.E. funds for construction are
roughly $160,000. The Grant Program could provide matching
funds, but not likely the full $160,000; however, the F.D.O.T.
has certain discretionary funds that will be requested.
Also contained in the Service Authorization are $3,000.00 to
cover the cost of blueprinting and reproductions.
Recommend approved of Service Authorization No. 1 with Cotleur
Hearing, Inc. in the amount of $26,201.73 for landscape architec-
tural services in connection with West Atlantic Avenue Beautifi-
cation and for reimbursement for blueprints and reproductions.
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Agenda I tem No.: ?F
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'AGENDA REQUEST
Date: 6/16/94
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 6/21/94
Uescription of agenda item (who, what, where, how much):
SerVlce Authorlzatlon #1 - Cotleur/Hearlng, Inc.
Consulting Services/ West Atlantic Avenue Beautltlcatlon
$26,201. 73
ORDINANCE/ RESOLUTION REQOIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
Department Head Slqnatur9' ~ ~~ ,~
-
, /
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: L~~ I
Approved for agenda: (!jJ NO
Hold Until:
Agenda Coordinator Review:
Received: .
Action: Approved/Disapproved
.
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER ~
THROUGH: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
FROM: NANCY DAVILA, HORTICULTURIST/SPECIAL PROJECTS COORDINATOR
RE: SERVICE AUTHORIZATION # 1 - COTLEUR/HEARING, INC.
CONSULTING SERVICES/WEST ATLANTIC AVENUE BEAUTIFICATION
DATE: JUNE 15, 1994
ITEM BEFORE THE COMMISSION
-
Consideration of approval of Service Authorization # 1 with Cotleur Hearing,
Inc. for Landscape Architectural and Consulting Services in connection with
West Atlantic Avenue Beautification.
BACKGROUND
At the June 7, 1994 meeting the City Commission ranked Cotleur Hearing in
first place and gave the staff the authorization to negotiate fees for
professional services.
The scope of services has been divided into five phases as follows:
Phase I - Master Plan/Schematic Design Phase
Phase II - Design Development Phase
Phase III - Construction Document Phase
Phase IV - Bidding/Negotiation
Phase V - Contract Administration
The Consultant has elected to use the Lump Sum Method of payment as defined
in the contract. Using this method the Consultant has provided the raw
salary rates for each employee category and have used the 3.0 multiplier set
forth in the contract.
Based on the scope of services a spread sheet has been provided showing the
number of hours anticipated for each phase of work multiplied by the rate
for each employee category.
Basing fees on the cost of construction is not possible in this case since
we do not have a 'budget' we are designing around due to the fact that we
anticipate being able to augment the current D.O.E. funds with money
available through the 1994/1995 County and State Roadway Beautification
Program. D.O.E. funds for construction are roughly $160,000.00.
While the Grant Program could provide a 100% match, it is unlikely that we
would receive $160,000.00 since, in all probability they would want to
1
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spread the money over more projects. Aside from the State and County
Beautification Grant, however, F.D.O.T. has certain discretionary funds that
will be requested, and which the Consultant has a good track record of
obtaining.
With information available at this time, I am projecting cost estimates
will be in the range of $250,000 to $300,000. This takes into consideration
that the project will have an irrigation system which will be tied into the
City's network. The medians will also be planted utilizing all shrubs and
ground covers, no sod, which has a higher initial cost.
The Consultants proposed fees at $23,201.73 are below 10% for the lower end
of the range ($250,000) and are approximately 8% if we approach the upper
end ($300,000). The fees proposed appear to be fair in terms of the man-
hours designated for each phase of work. The percentages are appropriate
when considering the complexity of the scope of services. The Grant
application and the coordination with F.D.D.T. as well as the fast track
schedule can attribute for 1.5% of the fee. Phase V, Contract
Administration is also a phase of work which can represent 1% of the
construction costs.
Also contained in the Service Authorization is $3,000.00 to cover the cost
of blueprinting and reproductions. These will be pass through charges
billed to us by the Consultant.
RECOMMENDATION
Staff recommends Commission approve Service Authorization # 1 with Cot leur
Hearing, Inc. in the amount of $26,201.73 for Landscape Architectural
Services in connection with West Atlantic Avenue Beautification and for
reimbursement to the Consultant for blueprints and reproductions.
/ND
Atlserat.Com
2
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COTLEUR HEARING, INC.
CONSULTING SERVICE AUTHORIZATION
DATE: , 1994
SERVICE AUTHORIZATION NO. 1 FOR CONSULTING SERVICES
CITY PURCHASE ORDER NUMBER:
CITY EXPENSE CODE: 228-4141-572-61.31
CITY PROJECT NUMBER: 94-006
CONSULTANT'S PROJECT NUMBER:
TITLE: WEST ATLANTIC AVENUE BEAUTIFICATION
This Service Authorization, when executed, shall be incorporated in and
become an integral part of the Contract.
1. PROJECT DESCRIPTION
Work includes the development of base plans and irrigation and
landscape plans for the beautification of West Atlantic Avenue, between
the CSX Railroad and Military Trail. Services also include the
preparation and submittal of the grant application for the 1994/1995
State and County Roadway Beautification Grant Program which must be
submitted to Beautiful Palm Beaches, Inc. , on or before 5:00 P.M. on
July 15, 1994.
Landscaping is confined to the medians currently being constructed by
Palm Beach County as depicted on the plans by Metric Engineering.
Project plans must comply with all design standards and sight distance
requirements as required by the Florida Department of Transportation
and the requirements of any other agencies having jurisdiction.
Services include consultation with City Staff and other governmental
agencies and utilities as required, development of master
plan/schematic design, preparation of schedules and cost estimates,
design development, estimates of future maintenance costs, preparation
of construction documents, preparation of grant application, bidding
assistance, site inspections and contract administration.
1
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II. SCOPE OF SERVICES
A. The services to be provided shall include the following phases as
listed in the Agreement for Landscape Architectural Services.
Phase I - Master Plan/Schematic Design Phase
The Consultant shall conduct a site analysis and inventory of
existing plant materials which directly effect the project.
The Consultant shall prepare base plans using roadway
construction plans designed by Metric Engineering.
The Consultant shall coordinate and provide utility locations
for all services effecting the planting area.
The Consultant shall develop a palette of plant materials
acceptable to the City for the landscaping.
The Consultant shall consult with the City to ascertain the
requirements of the project and shall arrive at a mutual
understanding of the project with the City.
The Consultant shall consult with Florida Department of
Transportation regarding design standards including sight
distance requirements and other constraints.
The Consultant shall consult with Beautiful Palm Beaches,
Inc. to determine the guidelines for submittal of the grant
application for the 1994/1995 State and County Roadway
Beautification Grant Program.
The Consultant shall , based on a mutually agreed upon
program, provide the City with two schematic designs. One
design will be developed based solely on funds available
through the Decade of Excellence Bond. The second schematic
plan will anticipate additional project funding through the
aforementioned grant. The second schematic plan will be the
basis for the design development phase, which will ultimately
be submitted to Beautiful Palm Beaches, Inc. for
consideration of the Grant.
The schematic design documents shall consist of drawings and
other documents illustrating the scale and relationship of
landscaping components and cost estimates. The schematic
phase will also identify the type of irrigation system,
verify the suitability of proposed sleeve locations (to be
installed during road construction by the County) and
identify anticipated water meter and FP & L service
locations.
The Consultant shall proceed with the Design Development
Phase upon written authorization by the City stating
acceptance of the schematic design phase.
2
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Phase II - Design Development Phase
The Consultant shall continue to develop the plans and
specifications based on the schematic plans accepted by the
City as the landscape design which will be the basis for the
grant application.
The Design development documents shall consist of irrigation
and landscape drawings and specifications which fix and
describe the size and character of the project. The
Consultant shall consider the availability of plant
materials, economic analysis, user safety and maintenance
requirements and water conservation.
The Consultant shall provide ten (10) copies of the design
development documents and make a presentation to the City
Commission at their July 5, 1994 meeting.
The Consultant shall continue the design development to a 90%
completion based on the established design concepts and any
additional input from the City Commission.
The Consultant shall prepare the grant application for the
1994/1995 State and County Roadway Beautification Grant
Program and submit the grant request to Beautiful Palm
Beaches, Inc. on or prior to the July 15, 1994 deadline.
Phase III - Construction Document Phase
The Consultant shall provide construction documents for bid
purposes based on funding available through the Decade of
Excellence Bond Fund and any additional funding awarded to
the City through the State and County Roadway Beautification
Grant Program.
The Consultant shall attend all governmental meetings and
provide all services required to obtain approvals from
governing bodies with jurisdiction over this project, which
may include but not be limited to:
City Staff - Department of Environmental Services
Site Plan Review and Appearance Board
Florida Department of Transportation
Delray Beach City Commission
Beautiful Palm Beaches, Inc.
The Consultant shall furnish all applications, drawings,
specifications, renderings, perspectives and materials needed
to obtain approvals from the aforementioned governing bodies.
Final Construction documents shall be compatible with Auto
Cadd versions 12.
3
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Phase IV - Bidding/Negotiation Phase
The Consultant shall assist the City in obtaining bids and
negotiated proposals, assist in awarding and preparing
contracts for construction, attend pre-bid conferences,
prepare addenda, provide written recommendation of award,
assist in the attainment of required bonds and certificates
of insurance.
Phase V - Contract Administration Phase
The Consultant shall provide administration of the contract
for construction as set forth in the Professional Services
Agreement. This is to include, but not be limited to, advise
and consult with the City until final payment, site
inspections to determine that the progress of work , when
completed, will be in accordance with contract documents,
review and certification of payment requests, review shop
drawings and evaluate the acceptability of substitute
materials, prepare change orders with supporting
documentation, interpret matters concerning performance of
the owner and contractor and shall upon completion of
construction, provide three sets of signed and sealed record
drawings and incorporating as built conditions and other data
furnished by the Contractors.
B. Additional design work requested by the City not included by
this service authorization, which is incidental to the scope
of services will be compensated by a separate service
authorization.
III. BUDGET
Compensation for services shall be as follows:
A. Method I - Lump Sum (See VII A.I of Agreement)
Phase I
Phase II
Phase III
Phase IV
Phase V
Total Not to Exceed
B. Method II time/charges not to exceed budgeted amount
(See VII A.2 of Agreement)
C. l. All expenses associated with the preparation and
reproduction of drawings and specifications for the
development of plans and contract documents shall be at
the consultant's expense.
2. Bidding and printing costs associated with
presentations, plan review sets, permitting sets, bid
4
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sets and construction document sets shall be paid as a
reimbursable with costs not to exceed $3,000.00.
3. Fees shall be waived for all City associated processes
for plan review and permitting.
IV. COMPLETION DATE
A. It is the purpose and intent of the City to have the work in
Phase I and Phase II completed no later than 5:00 P.M. on
July 15, 1994.
B. It is the purpose and intent of the City to have the work in
Phase III and Phase IV completed by November 1, 1994, based
on the anticipated completion of the roadway construction
currently underway by the County by November 15, 1994. If the
roadway construction is delayed, the City's schedule will be
adjusted accordingly.
C. It is the purpose and intent of the City to have the work in
Phase V completed by February 1, 1995, but as this work is
directly effected by the progress of the Landscape and
Irrigation Contractors this date may be adjusted to reflect
the construction schedule.
5
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This service authorization is approved contingent upon the City's acceptance
of and satisfaction with the completion of the services rendered in the
previous phase or as encompassed by the previous service authorization. If
the City in its sole discretion is unsatisfied with the services provided in
the previous phase or service authorization, the City may terminate the
contract without incurring any further liability. The CONSULTANT may not
commence work on any service authorization approved by the City to be
included as part of this contract without further notice to proceed.
APPROVED BY: CONSULTANT: COTLEUR HEARING,
INC.
CITY OF DELRAY BEACH
Date
Date
By:
(Seal)
Thomas E. Lynch
Mayor
Witness
Attest:
Witness
Approved as to Legal Sufficiency and Form
Attest:
STATE OF
COUNTY OF
ACKNOWLEDGMENT IF PRINCIPAL IS AN INDIVIDUAL
STATE OF COUNTY OF
The foregoing instrument was acknowledged before me this _day of
, 1994 by
who is personally known to me or has produced
(type of identification) as identification and who did (did not) take
an oath.
Signature of Person Taking
Acknowledgment
Name of Acknowledger Typed
Printed or Stamped
6
,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tift{
SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF JUNE 21, 1994
REPLAT/SABAL LAKES PHASE II
DATE: JUNE 17, 1994
This is before the Commission to approve replat for Lots 87-96
Block 1, Sabal Lakes Phase II to correct legal boundaries between
Phases II and III.
The original developers of Phase II, Pulte Homes, did not
exercise their option and pulled out of the development. The
current developers, Financial Florida, purchased the option and
recorded the final plat in March of 1993. However, the deed
which transferred ownership of Phase II does not match the
recorded plat of Phase II. There is an overlap of approximately
20 feet in Phase II onto property contained within the deed of
Phase III.
The current owners of Phases II and III agreed to divide the 20
feet in question. The final plat for Phase III has been revised
and was approved by the Commission on March 31, 1994.
Recommend approval of replat of Lots 87-96 Block 1, Sabal Lakes
Phase II.
.
. {f\l
r~ ,
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HAR:r:r~
THRU:
A ING & ZONING
FROM:
SUBJECT: MEETING OF JUNE 21, 1994 **CONSENT AGENDA**
REPLAT OF LOTS 87-96 BLOCK 1, SABAL LAKES PHASE II
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the replat for Lots 87-96 Block 1, Sabal Lakes
Phase II.
The project is located along the western right-of-way line
of Lancewood Place West and Riverside Way.
B A C K G R 0 U N D:
The replat of Lots 87-96 Block 1, Sabal Lakes Phase II has been
initiated in order to correct the legal boundaries between Sabal
Lakes Phases II and III.
Sabal Lakes Phase II was approved by the City Commission in
June, 1989. The original developers of Phase II, Pulte Homes,
did not exercise their option and pulled out of the Sabal Lakes
development. The current developers of Phase II, Financial
Florida, purchased the option on Phase II in March, 1993, and
recorded the final plat.
In September, 1993, a Master Development Plan change and a
preliminary plat for Phase III of Sabal Lakes was received by
the Planning Department. During the review, it was discovered
that the deed which transferred ownership of Phase II does not
match the recorded plat of Phase II. Currently there exists an
overlap of approximately 20 ft. in the southwest corner of Phase
II onto property that is contained within the deed that
describes what represents Phase III of Sabal Lakes.
,
.
City Commission Documentation
Replat of Sabal Lakes Phase II
Page 2
The current owners of Sabal Lakes Phase II and III have come to
a decision to divide the 20 ft. in question. The final plat for
Phase III has been revised to indicate this change and was
approved by the Commission on March 31, 1994. The replat for
Phase II to officially change the boundary between Phase II and
III has been properly prepared and is ready for Commission
action.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board is not required to review a replat
of this nature.
R E COM MEN D E D ACT ION:
By motion, approve the replat Lots 87-96 Block 1, Sabal Lakes
Phase II.
Attachment:
* Reduced Plat & Location Map
T:SL2RPLT.DOC
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 8f1
SUBJECT: AGENDA ITEM * ~H - MEETING OF JUNE 21. 1994
RATIFICATION OF APPOINTMENT TO KIDS AND COPS COMMITTEE
DATE: JUNE 14, 1994
An application has been received from Ms. Mary Rollins Pilgrim to
serve on the Kids and Cops Committee as the representative for
Plumosa Elementary School. This position has been vacant since
the retirement earlier this year of Mr. Clyde Harris.
Ms. Pilgrim is eligible for appointment and has confirmed her
willingness and ability to serve on the committee. The term is
for two years, ending April 22, 1996. As directed, a code check
has been conducted and there are no violations.
With the ratification of Ms. Pilgrim's appointment, vacancies
still remain for the Ministerial Association, Atlantic High
School, and the Atlantic High Student Council. Staff is
continuing to work with these groups in an effort to obtain
representation.
Recommend ratification of the appointment of Ms. Mary Rollins
Pilgrim to the Kids and Cops Committee as the representative for
Plumosa Elementary School, to a term ending April 22, 1996.
ref:agmemo
,
. OS/23/94 14: 15 '5'407 243 3774 CITY /[JELRA Y BCH. l4J 002
1"'''''_....,... ' "'i;':7:::-f-IVED---'
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
C:ilY CLERK
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NAME ~\J '~C~~]\\~r\ff'\ _......-..-- . -..._..._....v.-...____. ~
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HOMF: ADDRESS (Street. City, Zip Code) (L GAL RESIDENCE)
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f'RINC!Pi\L Hl;SlNCSS 'ADDRF.SS (Street. City, Zip Cod!"!)
HOME PHONE~_tJ.3-lh<ofS' BUSINESS PHONE ~'13 -I&~--_'~d_'
ON lmAT BOARDS ARE YOU INTERESTED IN SERVING __..bid~__~_~~.L_.___..-
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Ll:)T ALL C 1'1Y BOARDS ON WHICII yOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Pledse includ~ dates)
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EDUCATIONAL Q1.'AL 1 FTCATlONS \{;o.che.r ,
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LlST ANY KHATED PROFESSIO~AJ. CERT1FICATlONS AND LICENSES WHICH YOr HOLD
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(;IVE Y01.)}\ l'l\F~r:~l, OR MOST RECENT EMPLOYER, AND POSI-TION
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DESCRIBE EXPERIENCES, SKIL1.S OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THlS
BOARD
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PLEASE ATTACH A ER[Er- RESUME,
I HEREBY cr~KT 1 YY [HAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND TH1H AKY MISSTATEMENT OF MATERIAL FACTS CONTALNED IN TH 1 S APPLlCA-
'I'H!H HA'l" CAt'S~ r,)~l"~1 'I'UR!:: 1l1'OH H'!' PART OF AWl' APPOINTHC~{T I !'!A'l" RECFIVf.
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SI(jNATURE DI;'TE
.
- .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ~:r - MEETING OF JUNE 21. 1994
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTION
DATE: JUNE 17, 1994
This is before the Commission to ratify the SCRWTD Board action
of April 21, 1994, giving approval to expend $2,600 for Gear
Drive (Pista Gritter) and $3,000 for Air Conditioner in the
Administration Building from the Repair and Replacement Fund
Recommend ratification of the action of the South Central
Regional Wastewater Treatment and Disposal Board.
.
, -
.
,
RA TIFICA TION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 21, 1994
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on April 21, 1994, by a vote of 7-0, approve to expend from the Repair and
Replacement Fund $2,600.00 for Gear Drive (Pista Gritter) and $3,000.00 for Air
Conditioner(NW corner of Administration Building).
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby rarified in open session by the City of Boynton Beach this
_ day of , _, by a _ vote.
CITY OF BOYNTON BEACH
By: t
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
The above action is hereby ratified in open session by the City of Delray
Beach this _ day of , _, by a _ vote.
CITY OF DELRA Y BEACH
By:
Mayor
Attest:
City Clerk
Approve as to form: ~
~~.
~)l~~ity Attorney
,
l '/./
iiJ
[IT' OF DELIA' BEA[H
CITY ft'TTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
K FACSIMILE 407/278-4755 wr.1.t.er... D.1.rec:t. L.1.n.e
pE,LRoA ~ B~A}~ ( 4 07) 24 3 -7 0 9 0
ItIr.fad
AII.America City MEMORANDUM
'~III! Date: June 13, 1994
To: City Commission
1993 ~
From: David N. Tolces, Assistant City Attorne~
Subject: Stormwater Management Assessment Agreement with
Property Appraiser
The City has previously entered into agreements with the
Property Appraiser's Office and the Tax Collector's Office to
implement the uniform collection of the City's stormwater
utili ties fees. The City's agreement with the Tax
Collector's Office of Palm Beach County is automatically
renewed from year to year, unless cancelled by either the
City or the Tax Collector, by giving notice one year prior
to the effective date of the cancellation.
Previous agreements between the City and the Property
Appraiser's Office; however, did not have an automatic
renewal clause. Our office has received the 1994 agreement
between the Property Appraiser's Office and the City which
will implement the uniform method of collection for the 1994
tax roll certification process. The 1994 agreement does
contain an automatic renewal clause which will allow for the
extension of the contract from year to year unless
terminated by either party. The City may terminate
the agreement at any time upon giving written notice to the
Property Appraiser and paying for all services rendered up
through the date of termination.
The agreement between the Property Appraiser's Office is
otherwise identical to that approved last year by the City
Commission. In order to continue the uniform method of
collection, the City needs to approve this agreement. Our
office recommends approval of this agreement.
Please call if you have any questions.
DNT: smk
Attachment
cc: David Harden, City Manager
Sharon Morgan, City Clerk's Office g :r
stormwa.dnt
@ Printed on Recycled Paper
" '
.
AGREEMENT
THIS AGREEMENT made and entered into this _ day of ,
1994, by and between Gary R. Nikolits, as Palm Beach County
Property Appraiser, hereinafter "Nikolits", and DELRAY BEACH
STORMWATER MANAGEMENT ASSESSMENT DISTRICT, hereinafter "Local
Government",
WHEREAS, Local Government has elected under section 197.363
(1) , Florida Statutes, for the collection of its non-ad valorem
assessments pursuant to the uniform method for the levy, collection
and enforcement of non-ad valorem assessments as provided for in
section 197.3632, Florida Statutes; and
WHEREAS, Nikolits and Local Government are re~ired to enter
into an agreement one with the other pursuant to section
197.3632(2), Florida Statutes, for the providing by Nikolits to
Local Government of the information outlined in Section
197.3632(3) (b), Florida Statutes; and
WHEREAS, Chapter 92-264, Laws of Florida was enacted to
provide that non-ad valorem assessments be set forth in the Notice
of Proposed Property Taxes for Palm Beach County;
NOW, THEREFORE, in consideration of the following covenants,
conditions and promises the parties agree as follows:
l. The above representations are true and correct.
2. Nikolits is entering into this Agreement without any
determination that Local Government is qualified to collect its
non-ad valorem assessments by the uniform method, and Local
Government will indemnify and hold Nikolits harmless from any
challenge thereto.
.
. ",..-...--...,- ,-'-~.'- .. ---.. "....-.__.....-...._~~.~_._._.....-..-
3. Nikolits will provide to Local Government the
information described in section 197.3632(3) (b), Florida statutes,
in compatible electronic medium by June 1, 1994.
4. Local Government levying and collecting non-ad
valorem assessments pursuant to section 197.3632 will provide to
Nikolits the assessment rate expressed in dollars and cents per
unit of assessment, the associated assessment amount and the
-
purpose of the assessment, extended against each parcel within the
boundaries of Local Government in compatible electronic medium by
August 1, 1994.
5. Nikolits will utilize the information provided by
Local Government further to paragraph 4 hereinabove in preparing
the Notice of Proposed Property Taxes pursuant to sebtion 200.069,
Florida statutes, and, in addition to the information required in
the Notice required by Section 200.069, Florida Statutes, Nikolits
shall include the non-ad valorem assessments levied pursuant to
Section 197.3632, Florida Statutes, as separate, itemized entries.
6. Additionally, Nikolits agrees to make available to
Local Government an additional list of the information described in
Section 197.3632(3) (b) , Florida statutes, shortly before the
September 15, 1994 certification date for Local Government to
reflect the changes to the assessment roll between said date and
June 1, 1994.
7. In return for the providing of the information as
outlined in Paragraphs 3 and 6, hereinabove Local Government agrees
to reimburse Nikolits, in accordance with Section 197.3632(2),
Florida Statutes, for the necessary administrative costs incurred
in providing the information.
,
.."+-~"-....-....,."
8 . 7'he Part.
~es ~ecognize "ikOl't
the asseSSlll""t ~Oll th ~ s P~ocesses Changes to
. ~OUgh a Pl'ocedu~e kn
Xnsol "encies (1': & X. S) , , 0,"", as 1':.....o~s <Illd
· "~kOhts ag~ees to ,
Ii: & X P~<>eessed to Loc 1 G P~o"~de a COpy ot' eaCh
a o"eJ:'Junent. 2'he ,
GO"eJ:'Junent has a part~es ~ec09bize Local
process to ~ake Ch
Lo anges On it
cal GO"eJ:'Junent s assesslllent ~oll
a!l2'ees to P~O"ide "ikolit , .
Written t'o~ ot' s "~th int'o~ation in
. · any Changes it lIlakes.
9. 7'his agree~ent
shall auto~at. 1
he~at'te~. t'~1Il Yea~ t ~ca 1 y be eJ<t:""ded
o Yea~. unless <Illd until .
ot' the Parties. !l'h te~~nated by eithe~
e ag~e""'ent lIlay be te~in t
Local Go"eJ:'Junent upo , a ed at <Illy tillle by the
n Wr~tten notice to "ik '
all se"'ices P~""ided , Ohts and Pal'lllent t'o~
unde1" th~s COntr
te~ination. !l'h act th~ough the date ot'
e a!l2'e""'ent ""'y be t ~i
"ikolits uPon Writt, e nated at any tillle by
en not~ce to the t 1
n t' <>ea GO"eJ:'Jun t
o ~ce gi"en by "'k l' en ; hO"e"e~
~ 0 ~ts at'te~ January 1 <Ill, ,
shall be et't'ecti" d P~~o~ to Octobe~ 1
e Only t'OllOWing COlllPleti ,
that Yea~.s non-ad" 1 on ot' certit'ication ot'
a ore~ tax 1"oll and
the tOeal GO"eJ:'Junent. pal'lllent t'o~ all se"'ices by
IN WI7'NESS WlIH:RE
OF, the Parties he~eto
hands and seals th d . ha"e he~eunto Set thei~
e ay and Yea~ abO"e t'i~st Writt .
en.
Local GOYe1"nment
By
Attest: Gary R. Nikol't
Beach County ~O~~~; ::~:aise~
!PPl"o"eq as to E'o.rzn:
City Attorney
.
.
. .- <K
i../
~\
r '!
[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr.1.ter'.. D.1.rect L.1.ne
DELRA Y BEACH (407) 243-7090
F LOR IDA
.......
AII.America City
, ~ III! MEMORANDUM
Date: June 16, 1994
1993
To: City Commission
From: David N. Tolces, Assistant City Attorn~
Subject: S.W. 10th Avenue Acquisition - Salas
Mr. and Mrs. Salas have agreed to sell their property to the
City for $45,000.00. This amount will be the total compen-
sation paid to the Salas' for their property. Our office
recommends acceptance of this offer.
Please contact my office if you have any questions.
DNT: smk
cc: David Harden, City Manager
Sharon Morgan, City Clerk's Office
swlOth2.dnt
? K
@ Printed on Recycled Paper
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LOCATION SKETCH
N.T.S.
.
.
...
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJf1.
SUBJECT: AGENDA ITEM # KL - MEETING OF JUNE 21. 1994
PUBLIC AGENCY AGREEMENT/COMMUNITY SERVICE PROGRAM
DATE: JUNE 17, 1994
This is before the Commission to approve the Public Agency
Agreement for the Community Service Program.
The Courts of the 15th Judicial Circuit direct defendents to
perform community service at various public agencies. By this
agreement the Agency agrees to monitor and oversee the work
performed by any defendent sent by the Community Service Program
and to accurately report the number of hours each defendent
works.
Recommend approval of the Public Agency Agreement for the
Community Service Program.
"
, '
"
.
~ : {'\
r 't--
o ,
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 300 W ATLANTIC A VENUE. DELRA Y BEACH. FLORIDA 33....4
TELEPHONE 407,2..3-7823' FACSIMILE 407/243-7816
POLICE LEGAL ADVISOR
HDK>RAllDOII
TO: David Harden,-~ity Manager
FROM: Eric D. Hightower, Police Legal Advisor
DATE: June 15, 1994
SUBJECT: COMMUNITY SERVICE PROGRAM AGENCY AGREEMENT
,
========================================================================
Enclosed for your review is the final copy of the Public Agency
Agreement for Community Service work. Susan Ruby and I have reviewed
the agreement and find it is legally sufficient in all aspects.
If you find this agreement acceptable, please place the agreement
on the City Commission consent agenda for approval. Once the Commission
approves the agreement, then the City may begin to use the agreement.
In execution of the agreement by the City, a supervisor or someone with
supervisory authority should sign on behalf of the City.
Feel free to contact me if you have any questions or if I may be
of further assistance in this matter.
EDH: lbg ~ ffl
c: Susan Ruby, City Attorney
Enc 1-
,
3. AGENCY understands and agrees that the Community Service
Program, the Courts of the 15th Judicial Circuit, Palm Beach County and
its Board of County Commissioners, and each of their agents, employees,
and elected officials, are not responsible for the detail, manner,
and/or method of any defendants performance of services.
4. The AGENCY, County, Community Service Program, and Courts of
the 15th Judicial Circuit, to the extent permitted by law, shall be
responsible for its own negligence or willful misconduct or the
.,
negligence or willful misconduct of its agents, employees and officials.
Nothing contained herein shall be deemed a waiver of sovereign immunity
or the liability limits set forth in Florida statutes Section 768.28.
5. The AGENCY may terminate this Agreement upon thirty (30) .
days written notice and may reject any referral prior to or during the
assigned community service if the AGENCY determines it is in its best
interest.
ATTEST: PUBLIC AGENCY
By: By:
Its:
w1n/publicag
2
,
j
L <"'
i'P'l
[IT' DF DELHA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755Wr.1.ter... D.1.rect L.1.ne
DELRAY BEACH (407) 243-7090
F lOR I D ...
~
AII.America City
, lilt! MEMORANDUM
Date: June 16, 1994
1993
To: City Commission
From: Susan A. Ruby, City Attorney
Subject: Appellate Fees - City of Delray Beach v. Razete, et
al.
Our office has received a statement for appellate fees in the
above-stated case. We are responsible for paying the
appellate fees. The fees submitted are in the amount of
$30,025.50. Our office seeks your approval to pay the fees
in the amount set forth above, plus interest, if any. Our
office will prepare appropriate releases.
By copy of this memorandum to David Harden, our office
requests that this item be placed on the City Commission
~genda for July 21, 1994.
SA 'S
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
William Greenwood, Director of Environmental Services
razete-l. sar
8M
@ Printed on Recycled Paper
" .
.
. ;
( /,
t,~/1
; .
[IT' DF DELAA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr1.ter'.. D1.rec:t L1.ne
DELRAY BEACH (407) 243-7090
f lOR I D ....
b*.d
AII.America City
, ~ III! MEMORANDUM
Date: June 16, 1994
1993
To: city Commission
From: Susan A. Ruby, City Attorney
Subject: City of Delray Beach v. IAFF / Appellate Fees
Our office has received a statement of the appellate fees
due in the above-stated case in the amount of $12,339.93
plus interest, if any. Our office recommends payment of the
fees in the amount stated above and will secure all releases
that are necessary.
By copy of this memorandum to David Harden, our office
requests that this matter be placed on the City Commission
consent agenda of June 21, 1994.
~
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Leonard Carson, Esq. , Carson, Linn & Adkins
iaff-l. sar
C?N
@ Printed on Recycled Paper
.
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 8i1
SUBJECT: AGENDA ITEM # ?O - MEETING OF JUNE 21, 1994
AWARD OF BIDS AND CONTRACTS
DATE: JUNE 17, 1994
This is before the Commission to approve the award of the
following bids and contracts:
1. Contract Award - S.W. 10th Street Road Widening - phase I,
in the amount of $443,074.50 to All-Rite Paving Contractors,
Inc. Funding for $343,264.50 is available from Decade of
Excellence (Account No. 228-3162-541-61.90) , and $99,810.00
from Water & Sewer Renewal and Replacement (Account No.
442-5178-536-61.90) .
.
.
Agenda Item No.: ?o
AGENDA REOUEST
Date: June 15. 1994
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: June 21. 1994
Description of item (who, what, where, how much): Staff reauests award of the
construction contract for S.W. 10th Street Road Widenina - Phase I (proiect No.
91-68l to all-Rite pavina Contractors. Inc. . as thev were the onlv responsible
responsive bidder. with their bid of S443.074.50 This proiect consists of
reconstructina S.W. 10th street from S.W. 4th Avenue to the FEC Railroad.
includina improvements to drainaae. water. and sewer utilities. Also included
is pavement overlay of S.W. 10th street from S.W. 8th Avenue to S.W. 4th Avenue.
The fundina sources are:
pavina and Drainaae - Decade of Excellence account no. 228-3162-541-61.90 for
S343.264.50.
Water and Sewer - S.W. 10th Street R & R account no. 442-5178-536-61.90
for S99.810.00.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation:Staff recommends award of Widenina - Phase
I (proiect No. 91-68l to All-Rite pavina their bid in the
amount of 443 074.50
Department Head Signature: v..:t1f"
Determination of consistency with Comprehensive Plan:
city Attorney Review/Recommendation (if applicable)
Budget Director Review (~red on all items involving expenditure of funds):
Funding available: YES NO
Funding alternative
Account No. & Description
Account Balance 0
City Manager Review: 442--6I7&'-S~
Approved for agenda: [~/NO l~ I
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
Fi Ie: AG168615.MRM
,
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER ~
FROM: ~{ WILLIAM H. GREENWOOD, P.E.
DIRECTOR OF ENV. SVCS.
DATE: June 15, 1994
SUBJECT: S.W. 10TH STREET ROAD WIDENING - PHASE I
project No. 91-68
------------------------------------------------------------------
Attached is an Agenda Request and bid tabulation for the regular
Commission Meeting on June 21, 1994, requesting award of the
construction contract for the referenced project to All-Rite Paving
contractors, Inc. They are the only responsible responsive bidder
and the proposed contract amount is $443,074.50.
This project consists of reconstructing SW loth street from SW 4th
Avenue to the FECC Railroad, including improvements to drainage,
water and sewer utilities. Also included is pavement overlay of SW
10th street from SW 8th Avenue to SW 4th Avenue.
The funding source for paving & Drainage is from the Decade of
Excellence account no. 228-3162-541-61.90 for $343,264.50.
The funding source for Water & Sewer is from the S.W. 10th street
R&R account no. 442-5178-536-61.90 for $99,810.00.
Please place this item on the agenda for commission approval.
WHG:REH:kb
Attachment
cc: Richard Hasko, P.E., Deputy Oir. ESD, Public utilities
Jackie Rooney, Buyer
File: project No. 91-68(D)
.
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: DAVID T. HARDEN
CITY MANAGER
FROM: RALPH E. HAYDEN ~~f)pl
CITY ENGINEER "l, {f;j{l
DATE: June 1, 1994
SUBJECT: S.W. 10TH STREET ROAD WIDENING - PHASE I
project No. 91-68
------------------------------------------------------------------
This project consists of reconstructing SW 10th street from SW 4th
Avenue to the FECC Railroad, including improvements to drainage,
water and sewer utilities. Also included is pavement overlay of SW
10th street from SW 8th Avenue to SW 4th Avenue.
Attached are the bid tabulations ana, Notice of Tentative Award for
the referenced project. The only bidder for this project was All-
Rite Paving contractors, Inc. with a bid of $443,074.50.
Other contractors were called by staff to find out why bids were
not submitted by their companies. The underground contractors,
including those currently doing work for the city, did not bid on
the project since most of the work is paving related. The paving
contractors contacted by staff were either at the maximum limit of
their bonding or were unable to submit a bid due to the volume of
work currently available in the area. The nine contractors listed
below picked up plans:
Johnson & Davis Underground contractor
Florida Design Landscaping contractor
Giannetti contracting Underground contractor
Ranger Construction Too many other projects
Asphalt Const. of Palm Bch Could not get bonding
All-Rite Paving Submitted bid
Weekly Asphalt Asphalt subcontractor
Community Asphalt Subcontractor to All-Rite
Ric-Man Underground contractor
Hardrives of Delray Beach, Inc. were also contacted to find out why
they never picked up plans. They responded by saying it was an
oversight on their part due to illness and turnover in their
estimating department.
If the project were re-bid at least two other contractors,
Hardrives and Asphalt Const. of Palm BCh, expressed interest in
bidding on the project. A re-bid might lower the price.
1
,
!Q
The unit Prices on the bid submitted by All-Rite Paving
Contractors, Inc. are compatible with the Engineer's Estimate (see
attached BID TABULATION). Most of the unit Prices used in the
estimate were derived from averaging prices in current contracts
and adding 10% to 15%. To illustrate how the unit prices of AIl-
Rite Paving Contractors, Inc. bid compare with those from the NW
Road Reconstruction Project the following random sample is
provided:
SW loth street NW Recons. Engineer's
Item All-Rite Paving Molloy Bros. Estimate
1~" Asphalt $3.00/SY Bid as $3.50/SY
8" Limerock $4.75/SY a unit $8.50/SY
12" Subgrade $2.00/SY total $2.00/SY
Total Pavement $9.75/SY $9.65/SY $14.00/SY
8" Water Main $15.00/LF $27.00/LF $27.00/LF
18" storm Sewer $22.00/LF $35.00/LF $40.00/LF
Sidewalk $1. 75/SF $1. 75/SF $2.50/SF
Please note these prices are taken out of context, prices vary
based on contract quantities, etc.
Based on our review of the qualifications of the only bidder. we
recommend award to All-Rite Paving Contractors, Inc. for their bid
of $443,074.50.
The funding source for Paving & Drainage is from the Decade of
Excellence account no. 228-3162-541-61.90 for $343,264.50.
The funding source for Water & Sewer is from the S.W. 10th Street
R&R account no. 442-5178-536-61.90 for $99,810.00.
If the bid is acceptable, please execute the enclosed Notice of
Tentative Award and return to this office for processing.
Attachment
cc: Richard Hasko, P.E. , Deputy Dir. ESD, Public utilities
File: Project No. 91-68(D)
NTA9168.DOC
2
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - JUNE 21. 1994 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE CONSENT MEETING AGENDA IS AMENDED TO INCLUDE:
L.f..... AGREEMENT WITH LOUIS G. JENSEN/OFF-SITE PARKING AND
CANCELLATION OF UNITY OF TITLE.
...
THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE:
~ REOUEST FROM JOINT VENTURE/SUMMER NIGHTS PROGRAM.
.,.
.
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[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444
FACSIMILE 4071278-475SWr.1.ter'. D.1.rect L.1.ne
DELRA Y BEACH (407) 243-7090
f LOR I 0 "
........
A11.America City
, ~ II t! MEMORANDUM
Date: June 20, 1994
1993
To: City Commission
From: David N. Tolces, Assistant City Attorn~
Subject: Agreement with Louis G. Jensen
Off-Site Parkinq and Cancellation of Unity of Title
Louis Jensen approached the City a few weeks ago with a
request to cancel the unity of title which presently exists
between Lot 2 and Lot 3 . Mr. Jensen desires to obtain a
mortgage for a portion of Lot 2. His bank requires that he
assure parking will be available for the use on Lot 2.
The unity of title binds the two lots together, but does not
guarantee parking. This agreement, once recorded, will
insure parking for Lot 2 by providing parking on Lot 3. Mr.
Jensen approved the agreement, and our office finds it
satisfactory.
Please call if you have any questions.
DNT: smk
Attachment
cc: David Harden, City Manager
Sharon Morgan, City Clerk's Office
jensen.dnt
gP
@ Printed on Recycled Paper
"
AGREEMENT FOR OFF SITE PARKING AND
CANCELLATION OF DECLARATION OF UNITY OF TITLE
THIS AGREEMENT entered into this ____ day of June, 1994
between LOUIS G. JENSEN ("Jensen") 2601 S. Ocean boulevard #3,
Boca Raton, Florida 33432, and the CITY OF DELRAY BEACH ("City"),
100 N.W. First Avenue, Delray Beach, Florida 33444.
WIT N E SSE T H:
1. The parties enter into this agreement with the
mutual understanding that Louis G. Jensen, who owns Lots 2 and 3,
SUNDY ESTATES, according to the Plat thereof, recorded in Plat
Book 69, Page 166 of the Public Records of pa1.m Beach County,
Florida, agrees to use Lot 3, SUNDY ESTATES, for the purpose of
off-site parking of motor vehicles for the benefit of the owner
of Lot 2, SUNDY ESTATES.
2. The following is presently subject to Declaration
of Unity of Title previously recorded:
Lots 2 and 3, SUNDY ESTATES, according to the Plat
thereof recorded in Plat Book 69, Page 166, of the
Public Records of Palm Beach County, Florida.
Property Appraiser Numbers
3. Louis G. Jensen, the present owner of both of said
Lost 2 and 3, SUNDY ESTATES, agrees to bind himself, his personal
representatives, successors, heirs, assigns and subsequent
purchasers to the covenant that Lot 3, SUNDY ESTATES, shall be
used for the purpose of providing off-site parking of motor
,
..-.~. -...- .--.-- . ._-~~.
vehicles for the benefit of the owner of Lot 2, SUNDY ESTATES,
according to the Plat thereof, recorded in Plat Book 69, Page 166
of the Public Records of Palm Beach County, Florida; and that
this covenant shall be binding upon himself, his personal
representatives, successors, heirs, assigns, and subsequent
purchasers, and shall run with the land.
4. That City and Jensen do hereby cancel and release
said Declaration of Unity of Title recorded in Official Records
Book 7398, Page 831 of the Public Records of Palm Beach County,
Florida.
5. This Agreement shall be recorded in the Public
Records of Palm Beach County, Florida
Signed this ___ day of , -1994.
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
By:
Thomas Lynch, Mayor
City Clerk
Approved as to Form:
City Attorney
WITNESSES: LOUIS G. JENSEN
By:
(Print or Type Name)
(Print or Type Name)
2
,
.
- -_.,...._._-_..~""'"',..".....
.
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ___
day of , 1994, by Louis G. Jensen who is
personally known to me or who has produced
as identification and who did
take an oath.
Signature of Notary Public -
State of Florida
Print, Type or Stamp Name of
Notary Public .
offsite.agt
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # ? A - MEETING OF JUNE 21. 1994
REPORT OF APPEALABLE LAND USE ITEMS
DATE: JUNE 17, 1994
Attached is the Report of Appealable Land Use Items for the
period June 6 through June 17, 1994. 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.
.
.
(" /<
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO:
THRU:
FROM:
SUBJECT: MEETING OF JUNE 21, 1994
REPORT OF APPEALABLE LAND USE ITEMS
JUNE 6, 1994 THRU JUNE 17, 1994
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is review of
appealable actions which were made by various Boards during
the period of June 6, 1994, through June 17, 1994.
BACKGROUND:
This is the method of informing the City Commission of land use
actions, taken by des ignated 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 June 21, 1994
Page 2
PLANNING AND ZONING BOARD SPECIAL MEETING OF JUNE 13, 1994:
The Planning and Zoning Board did not consider any appealable
items at this meeting. However, the Board did consider the
following item:
* Continued to the meeting of June 20, 1994 a proposed
advisory Future Land Use Map Amendment from Low
Density Residential to Transitional for the DiMarzio
Property, a 1.3 acre vacant parcel, located on the
north side of Atlantic Avenue, at Hamlet Drive
extended.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JUNE 15, 1994
A. Tabled (7 to 0) a color change for the addition of a
stripe to Curtis Mathes, located at the southeast
corner of Federal Highway and Eastview Avenue.
B. Tabled (5 to 0) the Site Plan, Landscape Plan,
Elevations, and a reduction in pool size for the pool
park within Sabal Lakes, Phase, II, located on the
east side of Barwick Road, north of Lake Ida Road.
c. Approved (7 to 0), with conditions, the landscape plan
and elevations associated with a non-impacting site
plan modification for Suarez Mobil, a proposed gas
station, convenience store, and car wash, located at
the southeast corner of Atlantic Avenue and Mi I i tary
Trail.
D. Approved (7 to 0), with conditions, the landscape plan
and elevations associated with a non-impacting site
plan modification for the temporary addition of two
Masonite Test Homes at LL Park of Commerce, located on
the east side of Congress Avenue, between Atlantic
Avenue and Lake Ida Road.
HISTORIC PRESERVATION BOARD MEETING OF JUNE 15, 1994
Y. Continued (6 to 0) , with direction, a Certificate of
Appropriateness for a Site Plan and Landscape Plan
associated with the conversion of an existing single
family home and detached garage to office use for Reed
Design Landscape, located at 353 N. Swinton Avenue
(southeast corner of NE 4th Street and N. Swinton
Avenue) i
Z. Approved (6 to 0) , with conditions, a Certificate of
Appropriateness for construction of a new single
.
.
City Commission Documentation
Appealable Items - Meeting of June 21, 1994
Page 3
family residence (Stone residence) on a vacant lot of
record west of and adjacent to 102 NE 8th Street.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
,
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LOCA TION MAP FOR
CITY COMMISSION MEETING
OF JUNE 21, 1994
L-30 CANAL
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CITY L1UITS ----..-. S.P .R.A.8. : H.P.B. :
A. - CURTIS MATHES Y. - REED DESIGN LANDSCAPE
J MILE J B. - SABAL LAKES, PHASE II Z. - STONE RESIDENCE
I C. - SUAREZ MOBIL
SCALE D. - MASONITE TEST HOMES
N
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CITY OF' DE_RAY BEACH. FL
PLANNING DEPART\lENT
-- DIGITAL BASE' A/AP SYSTEM --
II. '
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt'Jc1
SUBJECT: AGENDA ITEM # '18 - MEETING OF JUNE 21, 1994 .
PLANNING AND ZONING BOARD DECISION APPEAL/ADULT VIDEO
STORE
DATE: JUNE 17, 1994
This is before the Commission to consider an appeal of a Planning
and Zoning Board decision regarding the status of an adult video
store located in Pelican Harbor Shops at 3205 South Federal
Highway.
The owner of the Video Stop wishes to relocate to a different bay
in the building, and to expand the non-adult section of his
store. In order to expand or modify the use, Planning and Zoning
Board approval is required. The property is zoned PC (Planned
Commercial) which allows adult video stores as a conforming
conditional use. However, this store is adjacent to property
zoned for multi-family residential units, so the distance
restriction contained in the City's adult entertainment ordinance
is not met.
The owner, Fred Wenk, maintains that his use should be classified
as nonconforming, wherein the use could be expanded without
restrictions.
The Planning and Zoning Board formally reviewed the appeal of
this decision at its meeting of April 18, 1994 and voted 7-0 to
deny the appeal.
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{'JL 1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDE~~NA
--
FROM: DIANE DOMINGUEZ,
DIRECTOR OF PLANN NG & ZON
SUBJECT: MEETING OF JUNE 21, 1994
APPEAL OF P & Z BOARD DECISION REGARDING AN
ADULT ENTERTAINMENT ESTABLISHMENT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
an appeal of a Planning and Zoning Board decision regarding
an adult video store. The store is located in the Pelican
Harbor Shops, 3205 S. Federal highway.
B A C K G R 0 U N D:
This appeal relates to a decision made by the Planning Director
and upheld by the Planning and zoning Board, regarding the
status of an adult video store, the Video Stop at the Pelican
Harbor Shops on South Federal Highway. The owner of the store
is seeking permission to relocate to a different bay in the
building, and to expand the non-adult section of his store.
The property is zoned PC (Planned Commercial), which allows
adult video stores as a conditional use. Though permitted, the
use is subject to locational and other restrictions contained in
the City's 1990 adult entertainment ordinance. For instance,
adult entertainment establishments may not be located within
750 feet of an alcoholic beverage establishment, nor may they be
located wi thin 1,000 feet of a church, school, or residential
district. This store is adjacent to property zoned for
multi-family residential units, thus, the distance requirements
are not met.
According to the store owner, the use was lawfully established
prior to the passage of the City's ordinance. As such, pursuant
to the applicable LDR provision (Section 1.3.7--copy attached),
the video store becomes a conforming conditional use. In order
to expand or modify the use, Planning and Zoning Board approval
is required. The owner maintains that his use should be
classified as nonconforming. If so classified, the use could be
expanded within the existing structure without restrictions.
The attached Planning and Zoning Board staff report explains the
circumstances of this situation in greater detail. Also
attached is a memorandum from Assistant City Attorney David
Tolces which supports the classification of the use as a
conditional use subject to Planning and Zoning Board review.
,
City Commission Documentation
Video Stop Appeal
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed the appeal of
this decision at its meeting of April 18, 1994. The Board voted
7-0 to support the Planning Director's decision.
R E COM MEN D E D ACT ION:
By motion, deny the appeal of the Planning and Zoning Board
decision that the Video Stop adult video store is a conforming
conditional use.
Att:
* LOR Section 1.3.7 Uses Allowed as Conditional Uses
* Letters of appeal from Video Stop attorney Norman Kent
* P&Z Staff Report & Documentation of April 18, 1994
* Memorandum of 4/19/94 from David Tolces to David Harden
,
Section 1.3.6
(C) Should the structure involving a nonconforaing use be
destroyed by any means to an extent exceeding 50' of its
replacement cost, such structure shall not be reconstructed
except in conformance with both the development and use
requirements for the zoning district in which it is located.
Section 1.3.6 Repairs and Maintenance:
(A) On any nonconforming structure or on a structure
containing a nonconforming use, work may be done on ordinary
repairs, or on repair or replacement of fixtures, nonbearing
walls, plumbing, or wiring, provided the repair work does not
exceed 10' of the current replacement cost of the structure.
(B) If the Chief Building Official declares a nonconforaing
structure or structure containing a nonconforain9 use to be
unsafe or unlawful due to its physical condition, such structure
shall not be rebuilt, repaired, or restored, except in con-
formance with the requirements for the zoning district in which
it is located.
(C) Nothing herein shall prevent the strengthening or
restoring to a safe condition, any building or part thereof
declared to be unsafe by the Chief Building Official.
Section 1.3.7 Uses Allowed as Conditional u.es: Any use which
is now allowed as a conditional use in a zoning district but
which, prior to September 1, 1990, was an established permitted
use shall not be deemed a nonconforming use but shall without
further action be considered a conforming conditional use. A use
previously established as a conditional use and now allowed as
such, shall be subject to conditions ,. originally i.posed
thereon.
1303
,
LAW OFFICES OF ~
NORMAN ELLIOTT KENT, P.A.
Attorney at Law
Suite 300
805 E. Broward Boulevard
Fort lauderdale. Florida 33301
Telephone: (305) 763-1900
FAX: (305) 763-4792
April 20, 1994
Diane Dominguez, AICP
Director of Planning and Zoning
City of Delray Beach
100 N. W. lst Avenue
Oelray Beach, Florida 33444
Re: Video Stop
Dear Ms. Dominguez:
The Planning and Zoning Board has upheld your decision
to deny my client's video store expansion based upon your
determination that he is a conformi~g conditional use,
rather than a non-conforming use.
We now appeal this decision and request this matter be
set before the City Commission on the next available docket.
,/
--- ../-/-'
~N ELLIOTT.KENT, P.A.
~ '
NEK:pb ~ -~
MaIlIng Address: PO Box 14486 - Fore Lauderdale, FlorIda 33302-4486
,
. ~
LAW OFFICES OF
NORMAN ELLIOTT KENT. P.A.
Attorney at Law
Suite 300
805 E. Broward Boulevard
Fort Lauderdale. Florida 33301
Telephone: (305) 763-1900
FAX: (305) 763-4792
June 6, 1994
Diane Dominguez, AICP
Director of Planning and Zoning
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, Florida 33444
Re: Appeal of Video Stop
Dear Ms. Dominguez:
In reference to your May 19, 1994 letter, please be
advised of the following:
Pursuant to Section 2.4.7(E)(2) of the Land Development
Regulations, please be advised that my client, Video Stop,
is the Appellant and hereby appeals the decision of the
Planning and Zoning Board to deny him the right to expand
his business based on your revised letter of March 24, 1994.
It is the opinion of this office that your initial
letter of January 18, 1994 was correct, and that we should
have been granted a building permit on April 18, 1994.
Further, your office has failed to indicate with specificity
how my client could comply with your rules; how he could
process a Conditional Use Modification; or in what ways he
could prove to you he has always thus so functioned.
Accordingly, we appeal the denial of the Building Per-
mit Application 94-27508. We disagree with the analysis the
City has made, and therefore, request the permit be granted.
The Appellant, Video Stop, is owned by Fred Wenk, who is
both lessee and landlord.
Essentially, we are suggesting that a Conditional Use
Modification not be processed, but that we are grandfathered
in as a non-conforming use.
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Mailing Address: PoD. Box 144B6 - Fort Lauderdale. Florida 33::PJJ\~.tiU~IG & ZONING
NORMAN ELLIOTT KENT, P.A. ...
Diane Dominguez, AICP
June 6, 1994
Page 2
Additionally, we are suggesting a complete denial of
due process, in that your office has failed to delineate
with specificity the terms and conditions under which a con-
ditional use mofidication would be presented.
NORMAN P.A.
NEK:pb
Enclosures
Mailing Address: p.o. Box 14486 - Fort Lauderdale, Florida 333024486
.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: APRIL 18, 1994
AGENDA ITEMI VI.a. Appeal of an Administrative Decision
Regarding the Video Stop Store at the
Pelican Harbor Shops
ITEM BEFORE THE BOARD
The item before the Board is that of an appeal of a decision
made by the Planning Department regarding an adult video store
at the Pelican Harbor Shops, 3205 S. Federal Highway.
BACKGROUND
In January of this year, the owner of the Video Stop store at
the Pelican Harbor Shops, Fred Wenk, sought information from the
Planning Department regarding his plans to modify his store.
The plans called for a relocation of the shop to another bay in
the center, and a square footage increase that more than doubles
the size of the store. The property is zoned PC, Planned
Commercial.
The store rents video movies, approximately 85' of which are
adult oriented. As such, the use would be classified as an
Adul t Entertainment Establishment. The first correspondence
from the Planning Department regarding Mr. Wenk's plans
indicated that the use is nonconforming, thus, he could expand
within the existing structure.
However, upon further review, it was noted that Adult
Entertainment Establishments are listed as a conditional use in
the GC zoning district. The PC district allows the same
conditional uses that are permitted in Ge, thus, an Adult
Entertainment Establishment is permitted as 'a conditional use.
Mr. Wenk states that his business was established at this
location in 1987. Prior to 1990, the City did not regulate
adult video stores. In November of 1990 the City passed an
Adult Entertainment Ordinance which limited such establishments
to certain zoning districts, and provided other locational
restrictions (i.e. distance requirements between adult
entertainment establishments and churches, residential
districts, etc.). Along with this ordinance, the use "Adult
Entertainment Establishments" was added as a conditional use to
the PC, GC, and MIC zoning districts.
LOR Section 1.3.7 (copy attached) states that a use which is now
listed as a conditional use in a district, but which had
previously been an established permitted use, shall not be
deemed nonconforming but shall without further action be
considered a conforming conditional use. As a conforming
conditional use, Mr. Wenk would need to apply for a conditional
use modification in order to expand his business. Mr. Wenk was
informed of this corrected interpretation in a second letter.
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P & Z Staff Report
Appeal of Video Store Decision
Page 2
Pursuant to LOR Section 2.4.7(E), Appeals, Mr. Wenk's attorney,
Norman Kent, is appealing that decision.
ANALYSIS
According to Mr. Kent, since "Adult Entertainment
Establishments" was not listed as an established permitted use
prior to 1990, it does not now become a conforming conditional
use pursuant to Section 1.3.7. He argues that it would instead
become a nonconforming use, and his client should be able to
expand without further review.
The Planning Department and the City Attorney's Office maintain
that although the use was not specifically listed, it would have
been permitted as retail sales. When the classification of
"Adult Entertainment Establishment" was created in 1990, it was
allowed as a conditional use in PCi thus, Mr. Wenk's business
became a conforming conditional use.
These conclusions depend upon verification by Mr. Wenk that he
was indeed operating as an adult video store prior to 1990. If
he established the use subsequent to the passage of the City
ordinance, he would be required to go through the full
conditional use process in order to become legally established.
It should also be noted that Mr. Wenk's expansion is intended to
enlarge the non-adult section of his video store. He wants to
reduce the number of adult videos relative to his full
inventory.
RECOMMENDATION
By motion, uphold the decision by the Planning Director that the
Video Stop store is a conforming conditional use, and requires
approval of a conditional use modification in order to expand.
Attachments:
* LOR Section 1.3.7
* April 15, 1994 Letter from Mr. Kent
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MEMORANDUM " ,
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Date: April 19, 1994 ..
To: David Harden, City Manager
From: David N. To1ces, Assistant City Attorn~
Subject: Video Stop Expansion
The following is a brief outline of three possible interpreta-
tions which individuals claim apply to the Video Stop
expansion:
1. The Video Stop has been selling all types of videos
since the mid-1980's. As a video store, it was a
permitted use prior to 1990 when the City adopted its
adult entertainment ordinance. As it is now
operating as an "adult entertainment establishment",
the Video Stop would be classified a conditional use
under the City's ordinances. Therefore, any modifi-
cation of a conditional use would have to be approved
by the Planning & Zoning Board.
2. The Video Stop was not a permitted use when the City
passed its adult establishment ordinance. As the use
is now a conditional use, the owner must come in and
establish the conditional use through the formal
conditional use approval process. The site plan
would have to be approved by both the Planning &
Zoning Board and City Commission who would also have
to grant conditional use approval. If the Commission
does not grant conditional use approval, the owner's
business would have to cease. Although he could
still operate as' a retail video store (without adult
videos) without conditional use approval.
3. Finally, as the owner claims, the Video Stop is
operating as a non-conforming use. The City's code
did not list adult video sales as either a permitted
or conditional use prior to 1990. Therefore, one
could claim that the Video Stop was an illegal use
prior to 1990. The use then became non-conforming
when the City adopted its "adult entertainment"
ordinance in 1990. As a non-conforming use, the
,
David Harden, City Manager
April 19, 1994
Page 2
Video Stop may expand into adjacent bays within the
structure which it is presently operating without
City board action.
The interpretation under #3 cannot be supported because if the
use is claimed to be illegal, the use cannot then become a
legal non-conforming use as a result of the City passing the
"adult entertainment" ordinance in 1990. The City established
the "adult entertainment" use as a conditional use in 1990.
Therefore, the adult video store would be a conditional use.
Consequently, the most logical interpretation is #1- This
interpretation is supported by case law which prohibits a
municipality from placing a total ban on expression. As stated
in Renton v. Playtime Theatres, Inc. , 475 US 41, 54 (1986):
...We have cautioned against the enactment
of zoning regulations that have the effect
of suppressing or greatly restricting
access to lawful speech,...In our view, the
First Amendment requires only that Renton
refrain from effectively denying
respondents a reasonable opportunity to
open and operate an adult theatre within
the city...
Prior to 1990, the City's code did not contain any restrictions
on the location or operation of adult video stores. Following
the Renton decision, an adult video store could have been
permitted in any non-residential zoning district. Once the
Ci ty passed the ordinance in 1990, the restrictions contained
in the ordinance were appllicab1e to all adult video stores,
and all adult entertainment establishments became conditional
uses. Therefore, the current application of the conditional
use process to the proposed expansion of the Video Stop
location is consistent with the City's ordinances and case law.
The City can properly require the owner to proceed through the
conditional use modification process.
I hope this makes the matter a bit clearer. Please call if you
have any questions.
DNT: sh
cc: Susan A. Ruby, City Attorney
Diane Dominguez, Director of Planning & Zoning
video.dnt
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LAW OFFICES OF ~
NORMAN ELLIOTT KENT. P.A
Attomey at Law
Suite 300
805 E. Broward Boulevard
Fort Lauderdale. Florida 33301
Telephone: (305) 763-1900
FAX: (305) 763-4792
, April 26, 1994
Diane Dominguez
Director of Plan~ing and Zoning
City of Delray Beach
100 N. w. 1st Avenue
Delray Beach, Florida 33444
Re: Appeal of Planning and Zoning Board Decision
Video Stop Movies
Dear Diane:
We cannot move ahead that expeditiously with our
appeal so as to be ready on May 3rd.
Instead, we request to be placed on the docket for June
2l, 1994.
Since~:./ ..
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NORMAN P.A.
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Mailing Address: P.O. Box 1 4486 - Fort Lauderdale, FlorIda 33302-4486
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LAW OFFICES OF ~
NORMAN ELLIOTT KENT. P.A.
Attor-nay at Law
Suite 300
805 E. Broward Boulevard
Fort Lauderdale. Florida 33301
Telephone: (305) 763-1900
FAX: (305) 7634792
March 21, 1994
Jeff Perkins
Assistant Planner
City of Delray Beach
IOO N. W. lst Avenue
Delray Beach, Florida 33444
Re: Video Stop at Pelican Harbor Shops
Dear Mr. Perkins:
It is my understanding that the denial of the building
permit is reviewable by the Planning and Zoning Board, which
meets the third Monday of every month. I am, therefore,
requesting to be put on the April lath docket.
At the same time, because I am interested in resolving
this matter for Video Stop, I would appreciate it if you
could delineate with specificity how my client can comply
with your rules, including how he can process a conditional
use modification.
Again, our goal is to resolve this matter.
Sincerely,
NORMAN ELLIOTT KENT, P.A.
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Mailing Address; P.O. Box 1 44B6 - For't Lauderdale. Florida 33302-4486
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APPEAL OF ADMINISTRATIVE DECISION
Video Stop Store at the Pelican Harbor Shops
File Number: 94-137-APL-CCA
The following list of documents are contained in this file:
1.) Letter of 1/18/94 from Diane Dominguez [with LOR Attachments]
to Fred Wenk - RE: "Relocation/Expansion of Video Store"
2.) Letter of 2/14/94 from Diane Dominguez [with LDR Attachments]
to Fred Wenk - RE: "Relocation/Expansion of Adult Video Store"
3.) Letter of 3/15/94 from Fred Wenk [with Attachments of Ad in
Yellow Pages & Inventory Sheets for establishment in 1987] to
Diane Dominguez - RE: "Video Stop Movies has been Established
at the Present Location Since 1987"
4.) Letter of 3/15/94 from Norman Elliott Kent, P.A. to Diane
Dominguez with attached memorandum - Re: "Video Stop's
Response to the City of Delray Beach's February 14, 1994
Decision"
5.) Letter of 3/15/94 from Norman Elliott Kent, P.A. to City of
Delray Beach, Code Enforcement Division - RE: "1/17/94 General
Violation Notice Issued to Video Stop Movies" [Belief that a
serious error was made by citing Video Stop Movies for
violations]
6.) Letter of 3/24/94 from Diane Dominguez [LOR Attachments] to
Norman Elliott Kent, P.A. - RE: "Video stop at the Pelican
Harbor Shops"
7.) Planning and Zoning Board Memorandum Staff Report, Meeting of
4/18/94 from Diane Dominguez [with LOR Attachment & 4/15/94
Letter from Mr. Kent] - "Appeal of an Administrative Decision
Regarding the Video Stop Store at the Pelican Harbor Shops"
8.) Planning and Zoning Board Minutes of April 18, 1994 - "Appeal
of Administrative Decision - Video Stop at the Pelican Harbor
Shops"
9 .) Memorandum of 4/19/94 from David N. Tolces, Assistant City
Attorney to David Harden, City Manager - RE: "Video Stop
Expansion"
10.) Letter of 4/20/94 from Norman Elliott Kent, P.A. to Diane
Dominguez - RE: "Appeal of Planning & Zoning Board's Decision
on Video Stop" [request to be on next available City Commission
Agenda]
11.) Letter of 4/26/94 from Norman Elliott Kent, P.A. to Diane
Dominguez - RE: "Appeal of Planning & Zoning Board's Decision
on Video Stop Movies II [could not be ready for 5/3/94 City
Commission Meeting, asked to be placed on 6/21/94 Agenda]
-
Appeal of Administrative Decisions
Video stop Store at the Pelican Harbor Shops
Page 2
12.) city Commission Documentation, Meeting of 5/3/94 from Diane
Dominguez [with Attachments: Letter of Appeal from Video Stop
Attorney, Norman Kent - P&Z Staff Report & Documentation of
4/18/94 - Memorandum of 4/19/94 from David Tolces to David
Harden] - RE: "An Appeal of a Planning and Zoning Board
Decision Regarding an Adult Video Store"
13.) Letter of 5/17/94 from Norman Elliott Kent, P.A. to Diane
Dominguez - RE: "Appeal of Planning and Zoning Board's
Decision on Video stop Movies" [To Confirm of being on the City
Commission Agenda for 6/21/94]
14.) Letter of 5/19/94 from Diane Dominguez [with LDR attachment] to
Norman Kent, P.A. - "Appeal of Video Stop Decision"
[Confirmation of being on City Commission Agenda, 6/21/9 &
Request for Revised Required Information for a Valid Appeal]
15.) Letter of 6/6/94 from Norman Elliott Kent, P.A. to Diane
Dominguez - "Appeal of Video Stop" [Reply to Diane Dominguez's
Letter of 5/19/94]
16.) City Commission Documentation, Meeting of 6/21/94 from Diane
Dominguez [with Attachments: LOR Section 1.3.7, Letters of
Appeal from Video stop Attorney, Norman Kent, P&Z Staff Report
& Documentation of 4/18/94, Memorandum of 4/19/94 from David
Tolces to David Harden] - "Appeal of P & Z Board Decision
Regarding an Adult Entertainment Establishment"
In addition, the following Ordinances and LDR Sections are included:
Palm Beach County Adult Entertainment Code
City of Delray Beach, LOR Sections:
4.4.12 - PC (Planned Commercial) Zoning District Regulations
4.4.9 - GC (General Commercial) Zoning District Regulations
1.3.7 - Uses Allowed as Conditional Uses
4.3.3 (AA) - Adult Entertainment Establishments
2.4.5 (E) (7 ) - Modification of a Conditional Use Approval
2.4.7 (E) - Appeals
DEFINITIONS: Adult Entertainment Establishment
Adult Video Store
T:OO\VIOEO
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[ITY DF DELRAY BEA[H
100 N.W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000
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MEMORANDUM 6(al/9Lf
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Hold Harmless Agreement for Barge for July 4th
DATE: June 16, 1994
Attached please find a hold harmless agreement with Murphy Marine who
is supplying the barge for our Fourth of July fireworks. Fireworks by
Grucci has indicated that the marine company requires both the City and
the fireworks company to sign the hold harmless agreement. This is not
something that has been required in past years but, according to
Grucci, there have been some changes in the marine industry and they
are now requiring these agreements. Grucci further indicated that
there are no other barges available for July 4th. Please place this on
the June 21, 1994 agenda for City Commission consideration.
*The agreement has been
reviewed by the City Attorney's
Parks and Recreation office and approved.
cc: Susan Ruby, City Attorney
Alison MacGregor Harty, City Clerk
Attachment
Ref:bargehha qc
THE EFFORT ALWAYS MATTERS
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Agenda Item No.: erG
AGENDA REQUEST
Date: June 16, 1994
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: June 21, 1994
Description of agenda item (who, what, where, how much): Request approval
for signature to hold harmless agreement with Murphy Marine, the company who is
supplyin~ the bar~e for the Fourth of July fireworks.
ORDINANCE/ RESOLUTION REQUIRED: YESV Draft Attached: YES/NO
Recommendation: Approval.
Department Head Signature:
Determination of Consistency Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable) :
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~9/ NO [7"/
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
"
HOLD HARMLESS AGREEMENT
TO WHOM IT MAY CONCERN:
To the extent permitted by law and in consideration of the
permission granted by The Murphy Construction Co. to the City
of Delray Beach to use a tug and barge for events to be held in
conjunction with the City of Delray Beach 4th of July fireworks
to be held on July 4, 1994 at the Atlantic Ocean off Atlantic
Avenue, Delray Beach, Florida, the undersigned hereby agrees to
indemnify and hold harmless The Murphy Construction Company and
all of its employees from and against any and all expenses,
losses, liabilities, and demands arising out of the City's own
negligence, associated with the fireworks conducted at Delray
Beach, Florida, on July 4, 1994. However, nothing herein shall
waive the City's sovereign immunity, pursuant to F.S. 768.28.
CITY OF DELRAY BEACH; FLORIDA
ATTEST:
By:
Thomas Lynch, Mayor
City Clerk
Approved as to Form and
L~gal SUffiC~
~ ~~KJ, em
" .:;(-S-~\Ci ty Attorney
rnurphy.agt
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[IT' DF DELIA' BEA[H
DElRA Y BEACH
f ! 0 RID .It 100 N,W, 1st AVENUE . DELRA Y BEACH, FLORIDA 33444 . 407/243- 7000
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AII.America City
" III!
1993 MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~Robert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING, JUNE 21, 1994
SPECIAL EVENT PROGRAM APPROVAL - JOINT VENTURE - 4TH
OF JULY
DATE: June 16, 1994
ACTION
City Commission is requested to approve the Joint Venture
request for use of public property, sidewalks, streets, various
ordinance waivers, and City staff assistance for various
programs being sponsored during the 4th of July weekend.
BACKGROUND
Attached is a copy of a letter I received from Marjorie Ferrer
requesting use of City properties, staff assistance, and waivers
for various events. A summary of the request is as follows:
Thursday, June 30th - Art and Jazz On The Avenue
- Use of public streets and sidewalks on Atlantic Avenue from
N.W. 5th Avenue to A-1-A.
- Authority to allow authorized vendors to sell nonalcoholic
beverages and food at various locations.
- Waiver of City Code, Section 99.04 (19) Loud Noises, to
allow amplified music.
- Staff assistance - irrigation turn-off power.
Saturday, July 2nd - Sand Sculptinq Contest
- Use of beach area for activity.
- Use of City stage.
- Staff assistance in roping area off, hanging activity
banners.
- Authority to allow vendors approval by the Joint Venture to
sell nonalcoholic beverages and food on grass areas.
- Authority to hang sponsor banners on the pavilion and from
palm trees.
- Staff assistance for power hook-ups.
9D
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Agenda Item #
Page 2
Saturday, July 2nd - Picnic in the Park "A Taste of Delray
Restaurants"
- Exclusive use of Sandoway Park.
- Rent free use of 25 City tables.
- Permission to charge admission for the event.
Monday, July 4th - Biq Band Concert
- Use of Beach Pavilion.
- Waiver of City Code, Section 99.04 (19) Loud Noises, to
allow amplified music.
- Staff assistance for pavilion set-up.
RECOMMENDATION
Consideration of request with approval and payment of any
overtime if needed.
RAB:kwg
cc: Joe Weldon, Director of Parks and Recreation
Scott Solomon, Supervisor of Streets
FOLDER:GRAHAMKW/AGENDA
DOC:0621DOC.001
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June 15, 1994
Mr. Robert Barcinski, Assistant City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mr. Barcinski:
The Downtown Joint Venture has met with most of the major sponsors of the
July 4th Weekend Activities and has worked on the needs requested of the
city for individual events.
There have been ongoing discussions with Joe Weldon's group at the
Thursday meetings concerning general activities, however this is the first
"written" list for each event. As in the past, as the weekend nears, there
might be additional functions that need your expertise.
Enclosed, please find a copy of the flyer being distributed throughout the
community listing events by day. I have also included a copy of the TO DO
list currently being worked on for the weekend.
The requests of the city are:
ART AND JAZZ THURSDAY. JUNE 30
(ATLANTIC AVENUE)
* Approval for the use of the sidewalks and streets for Art and Jazz on
the Avenue, Thursday, 6/30. The Joint Venture has purchased electrical
cords for the bands use. The timers on the light poles need to be set back to
4:00 PM. Any sprinkler systems need to be turned off until midnight
(Veterans Park). Power for Veterans Park needs to be available at 4:00 PM.
Ifpossible, the corners at Atlantic Ave and 5th Avenue (Colony Wine
Shoppe), and near Elwoods BBQ could use an additional waste container.
DELRA y BEACH JOINT VENTURE' Community Redevelopment Agency' Delray Beach Chamber of Commerce' Downtown Development Authority
64 S.E. Fifth Avenue, Delray Beach, FL 33483 . Tel: 407-278-0424 . Fax: 407-278-0555
". I
PAGE TWO..
SAND SCULPTING CONTEST SATURDAY, JULY 2
(NORTH BEACH NEAR THE VOLLEYBALL NETS)
*Raking of the designated beach area set aside for the contest at
approximately 6:00 PM on Friday 7/1, in order for the measurements to be
made and staked out. The PVC poles used for the Christmas Tree need to be
delivered to the beach on that afternoon at approximately 2:00 PM, with the
white rope. The number of poles will be determined after the total space is
confirmed by participants. Rich Connell will help determine the appropriate
area (basically the parallel boundaries north and south of the Volleyball
Nets).
The small city stage will need to be delivered to the beach at the same time.
The News and an additional sponsor banner will need to be attached to the
. I
roof of the pavilion as last year. The News banner size is .by J 3, and the
Dan Burns Oldsmobile is ? ( y. 7. L/-I Additional banners will be placed
between palm trees by the Joint Venture.
The major power box just north of the flag pole will need to be checked
for power ability, and the keys made available on Friday 7/1 for delivery of
the Pepsi truck. WRMF 97.9 Radio will provide a remote van from Saturday
through Monday, July 2-4. Both the Pepsi truck and the WRMF Remote will
be located north of the flagpole, between the sidewalk and the dune on the
grass. Power should also be checked in the pavilion. There are two planters
between the pavilion and the sidewalk that are in need of repair. A storage
area needs to be arranged for the storage of the PVC poles and rope from
Saturday after the event until Tuesday for pickup. Additional waste
receptacles will be needed for use on the beach for trash- quantity to be
determined.
"PICNIC IN THE PARK" A TASTE OF DELRAY'S RESTAURANTS
(SANDOWAY PARK) SATURDAY, JULY 2
*Check on the availability of either 6' orB' tables to be used for serving
areas (to be covered and skirted with linens). The total needed would be 25.
Is there any power in Sandoway Park? There are light poles but I couldn't
determine if an outlet exists. Portable toilets (2) will be needed for this park
since there are no public facilities. Can we charge admission, or must all
tickets be presold?
DELRAY BEACH ALL-AMERICA BIG BAND CONCERT
(BEACH PAVILION) MONDAY, JULY 4
*Security tape needs to be attached to the perimeter of the pavilion by
3:00 PM on 7/4. The band players will need security assistance with setup.
,
PAGE THREE..
and breakdown of the instruments between 4:30 and 10:00 PM (after the
fireworks), and to assist with the News/ Dan Burns/ City party to be held at
the Holiday Inn during this same timeframe.
Please let me know what questions you have regarding the weekend's events.
Thanks again in advance for all your spirit, advice and cooperation.
Sincerely,
lV)fJANV
Marjorie Ferrer,
Downtown Coordinator
Joint Venture
,
DELRAY BEACH
ALL-AMERICA CITY
CELEBRATES
JULY 4TH WEEKEND
HOLIDAY WEEKEND ACTIVITIES WILL INCLUDE:
Thursday, June 30th ART AND JAZZ ON THE AVENUE
5PM-MIDNIGHT
RED, WHITE & BLUE BENEFIT BARBECUE
OLD SCHOOL SQUARE 5- 7 PM
Friday, July 1st BUS TRIP TO THE MARLINS vs ATLANTA
BASEBALL GAME-JOE ROBBIE STADIUM
5:45 PM
Saturday, July 2nd SAND SCULPTURE CONTEST AT THE BEACH
** Special Youth Categories**
7 AM-NOON
"PICNIC IN THE PARK" SANDOWAY PARK
A TASTE OF DELRAY'S RESTAURANTS
11:30AM-2:30PM
SUPER CELEBRATION SIDEWALK SALE
9AM-5PM
Sunday, July 3th ALL-AMERICA CITY KITE FLYING CONTEST
ON THE BEACH Kids..call for details!!
2-4PM
VOLLEYBALL TOURNAMENT AT THE BEACH
8AM-4PM
Monday, July 4th VOLLEYBALL TOURNAMENT AT THE BEACH
9AM-4PM
DELRAY'S ALL-AMERICAN BIG BAND CONCERT
BEACH PAVILION 7 - 9 PM Ir&8d
~REWORKSONTHEBEACH ...."'..car
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9PM
INFORMATION: CALL 278-0424
'I'
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CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
REGULAR MEETING - JUNE 21. 1994 - 6:00 P.M.
COMMISSION CHAMBERS
AGENDA ADDENDUM
THE CONSENT MEETING AGENDA IS AMENDED TO INCLUDE:
.a.......e..... AGREEMENT WITH LOUIS G. JENSEN/OFF-SITE PARKING AND
CANCELLATION OF UNITY OF TITLE.
. .
THE REGULAR MEETING AGENDA IS AMENDED TO INCLUDE:
~ REOUEST FROM JOINT VENTURE/SUMMER NIGHTS PROGRAM.
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[ITY DF DELHAY BEA[H
DELRAY BEACH
F lOR IDA 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243.7000
lIr.e.d
AII.America City
, ~ III! MEMORANDUM
1993 TO: Mayor and City Commissioners
FROM: David T. Harden, City Managerfjt 1
SUBJECT: SUMMER NIGHTS ON THE AVENUE
DATE: June 20, 1994
The Downtown Joint Venture is planning a series of summer
activities in the downtown area, in response to requests from
the community and the merchants. Every week from July 8th
through September 2nd, there will be small, early evening
events at specific locations on Atlantic Avenue on either
Friday or Saturday night. City Commission approval is
requested for the following activities:
Friday, July 8th, Atlantic Avenue to be closed from Swinton
Avenue east to lst Avenue, from 5:30 until 9:30 p.m.
Friday, July 15th, Atlantic Avenue to be closed from the FEC
Railroad east to 5th Avenue, from 4:30 p.m. until 11:00 p.m.
Friday, August 5th, N. E. 3rd Avenue needs to be closed along
the east side of the FEC Railroad, from Atlantic Avenue north
to N. E. 1st Street, from 7:30 until 10:30 p.m.
The Downtown Joint Venture is requesting that the City absorb
the cost of any overtime involved. We will try to have
estimates of those costs available at the Commission meeting
Tuesday evening.
Staff recommends approval of the requested street closings.
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~P> CJ1~ ;YQUT summer o+efbTS On
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Att€tot+e AvcoucJ f)ctT€i;Y ~C€l~n
@70fO uS fO-( not 11:mc& 00 th,c town ~ €itt ouffimCY tOOfj
Friday, July 8.............................Back Roo~ Relocation ~ld Sc~oo.l Square Block l
Celebration ...................................(street dosed} .........................6 - 9 p.m.
Saturday, July 9.........................Country & Western
Concert & Dance ..........................Old School Square..................8 p.m.
....__~_._...... ..~_______...._.. .......___. "._______.. ..____._. .____. .__0._.. _______. ...__.p_____.__._.. __._______._. .____.. ._.____._..__________._. .______. __. ___'__._ .____....____.__.. .___________..... '.____.u. .__._.._____ ..__., .____.__.______...
Friday, July 15...........................Street Dance...................................300-400 blocks of
I "Tribal Dogs" Atlantic Avenue .......-.... .........6 . 10 p.m. I
II' Friday, July 22...........................Gallery Stroll.................................Atlantic Avenue ......................7 - 9 p.m.
D..:'~':lr~~!:'Uly.~:::::.:.:::::::::..:.::~~~:""-":'.'.t~.~":"'::::~:::...::::::~ld;~O~'~~~3Ie::.::..::::::.:,8P:~:....m._ .... J
Fnday, July 29 ..........................Erny's Jazz Festival........................Ern} s parkmg lot ...................6 - 9 p.m. -$
Saturday, July 30 .......................Erny's Jazz Festival........................Emy's parking 101...................6 - 9 p.m.
F~iday, ~;~~.~:~............~~-~.....tfu~~~ic Bik~ Tout' &_______.______._____________n__________._____'1
Elwoods RHQ Dinner...................All over town/Elwoods...........6 - 10 p.m. I
Saturday, Aug. 6 .......................Big Band Concert & Dance .........Old School Square..................8 p.m.
Sunday, Aug. 7..........................Pahn Beach Chamber ~
Music Festival...............................Old School Square..................2 p.m.
---- --~---_._~.__.~ . .-- .---...------.--------------....--..--.--------
I Friday, Aug. 12 .........................Roots Festival Parade....................Pompey Park ..........................6 p.m. ,
I
Saturday, Aug. 13 .....................Roots All-DayFestival..................Pompey Park ..........................noon - 11 p.m. I
Sunday, Aug. 14........................Roots Gospel FestivaL..................Pompey Park .........................2 - 8 p.m.
Friday, Aug. 19 .........................Jazz Conert "Athenas" .................Veterans Park.......................... 7 - 9:30 p.m.
Saturday, Aug. 20 .....................Ballroom Concert & Dance..........Old School Square..................8 p.m.
__~~iday, A.~g. 26 .~.~.~~.~~..........~..~:~~~~ ~~ Sc~o~I_I?~~e ...:._:.......:.~..P~h:<1r_~~<l~ T~!:l~~_~_e..~teJ:'..~~7 - IQup~I!".l~_'
Friday, Sept. 2 ...........................Music Beachside -.............~..............Restauran~s 1
Intracoastal to Beach..............6 - 10 p.m. I
1 Ai'( -A~-:'1\ For more information, caII: At~~ ~
' .~ Delray Beach Joint Venture (407) 278-0424 Old School Square: (407) 243-7922 \'.,. ' -,
......\ ~ \ Erny's; (407) 276-9191 Roots Festival (407) 243-7246 'frr;i:t -- .
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ttt1
SUBJECT: AGENDA ITEM # 9~ - MEETING OF JUNE 21, 1994
ADOPTION OF VISIONS 2005 ASSEMBLY POLICY STATEMENT
DATE: JUNE 17, 1994
This is before the Commission to consider adoption of the Policy
Statement as approved by the participants of Visions 2005
Assembly Steering Committee.
In this planning retreat held May 12 to 14, 1994, citizens
representing the public and private sectors, civic groups and the
community at large met to discuss sensitive issues of social
equity and quality of life; i.e., youth involvement in community
and government, crime prevention, and human relations.
Recommend adoption of the Policy Statement as approved by the
Visions 2005 Assembly participants.
L(!)~ & ~ (/)LI ~I
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'AGENOA REQUEST
Date: 6/16/94
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 6/21/94
Uescription of agenda item (who, what, where, how much):
Adoption of Visions 2005 Plan
ORDINANCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: ~ ~6-~ t<. ~
, I
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES I NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: &NO tflV}
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
MEMORANDUM
TO: DAVID HARDEN, CITY MANAGER ~
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT
RE: CITY COMMISSION ADOPTION OF VISIONS 2005 PLAN
DATE: JUNE 16, 1994
ITEM BEFORE THE COMMISSION:
Consideration of the request from the Visions 2005 Assembly
Steering Committee for City Commission adoption of the Policy
Statement as approved by the participants on May 14, 1994.
BACKGROUND:
The policy statement from the City's first planning retreat,
Visions 2000, was adopted by the City Commission 1n 1988. The
results of the first Visions Assembly are readily and visibly
apparent, culminating 1n the designation of the City of Delray
Beach as an "All-America" City for 1993. Community leaders and
citizens have now turned to the more sensitive 1ssues of social
equity and quality of life. In a second retreat, Visions 2005,
held May 12-14, 1994, approximately 90 citizens representing the
public and private sector, C1V1C groups and the community
at-large met to discuss such issues as youth involvement 1n
community and government, crime prevention and human relations.
The concensus and policy recommendations reached by the group are
set forth 1n a Policy Statement entitled "Delray Beach Visions
2005 Assembly. " Paragraph B, page 29 of th document reads 1n
part:
The City should be aggressive in demonstrating that citizen
involvement results in change. The City Commission should
ratify and implement the recommendations within this state-
ment and specify a date for a follow-up session.
Therefore, the participants of the Visions 2005 Assembly request
that the City Commission of the City of Delray Beach adopt, 1n
its entirety, this policy statement.
RECOMMENDATION:
Staff 1S recommending City Commission adoption of the Policy
Statement as approved by the Visions 2005 Assembly participants
with one correction; Page 8, item #7 should read.. .Housing
programs for the City should be coordinated through the City with
representatives from the CRA, CDC, TED Center and Delray Beach
Housing Authority.
LB:DQ
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Visions.LB
,
-
Policy Statement
DELRAY BEACH
VISIONS 2005 ASSEMBLY
May 12-14, 1994
Coordinated by
Florida Institute of Government
at Florida Atlantic University
and
...
Florida Atlantic University/Florida International University
Joint Center for Environmental and Urban Problems
"
DELRAY BEACH VISIONS 2005 ASSEMBLY
POLICY STATEMENT
At the close of their discussion in the Delray Beach Visions 2005 Assembly at
.
the Boca Sheraton, May 12-14, 1994, the participants reviewed as a group the
following statement. The statement represents general agreement; however, no one
was asked to sign it. Furthermore, it should not be assumed that every participant
subscribes to every recommendation included in the statement.
,
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INTRODUCTION
Like many of Florida's original coastal communities, Delray Beach began to
lose its appeal during the 1970s and 1980s as other communities developed and were
able to offer more modern amenities and facilities. Rather than abandon or replace
existing infrastructure in order to compete with newer development, the residents of
Delray Beach, acting on a policy statement from Visions 2000 (adopted in 1988),
decided to work together and focus on revitalizing the city's inherent strengths -- a
distinctive downtown, historic architectural style, popular and accessible beaches,
neighborhood schools, and a diversity of cultures and lifestyle choices for families
and retirees. The city is now enjoying the fruits of over $21 million in bricks and
mortar improvements which include landscaped public areas, better roads and sewers,
and a dynamic cultural center.
In spite of the city's remarkable physical overhaul, many recognize that the
community cannot become complacent. A number of social issues remain unresolved.
In an effort to keep the forward momentum of community improvement and
involvement, the community decided to tap into the energy that made possible the
previous decade of renovations. A steering committee was assembled in August,
1993, to plan Visions 2005, the second consensus-building assembly for the city.
Visions 2005 addressed the intangible problems facing Delray Beach. The focus was
on an agenda meant to enhance social quality of life issues, such as youth
involvement, human relations, and crime prevention, as well as the more fundamental
1
concerns of economic development, deteriorating neighborhoods, governmental
coordination and involvement, and public education and the school system.
On May 12-.14, 1994, approximately 90 citizens, representing the public and
private sectors, civic groups, and the community at large met to discuss the issues
sketched above. The conclusions and recommendations reached by the forum are set
out below.
,
2
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1. YOUTH INVOLVEMENT
A. Although Delray Beach offers adequate recreational programs and facilities,
these need to be better publicized. The city should take the following steps in
order to serve more youth:
1. Increase youth involvement in identifying, planning, and promoting
recreational programs. The Mayor should establish a permanent
"Youth Commission" to advise on recreational and cultural activities,
advocate for youth issues and program funding before city and county
governments, and to serve as a communication link with Delray's
youth.
2. Diversify recreational programs and offer more alternative sports,
music appreciation, drama, arts and crafts, and youth-in-government
programs.
3. Increase focus on all youths; continue and expand existing programs for
at-risk youth.
4. Provide incentives to attract more privately-owned recreational facilities
such as video arcades, miniature golf courses, and go-cart tracks.
5. Establish a youth facility at a site where all youth would feel welcome.
6. Improve and maintain existing recreational facilities.
B. Existing community facilities in Delray Beach are not fully utilized and can be
maximized in the following ways to meet the needs of the community's youth.
3
'.
.
1. Thoroughly publicize programs and upcoming events through media
such as school newspapers, church bulletins, Channel 20, ITV, and
monthly community calendars in the newspaper.
2. Schedule more week-end as well as week-night programs for children
and teens. The midnight basketball league is popular but similar
activities should be offered earlier in the evening or on weekends.
3. Encourage downtown shops to stay open during the evenings and
develop events such as "Jazz (or reggae) on the Avenue on Saturday
Night" so that downtown can function as a diverse evening
entertainment mecca for teens and young adults.
4. Increase use of community school facilities through interlocal
agreements with the School Board.
5. Develop a comprehensive plan to address the needs of a growing youth
population and to identify available sites for commercial recreational
facilities.
6. Consider youth needs when planning public transportation and consider
using alternative types of transportation such as school buses and mini-
vans.
C. No youth should be excluded from any city-sponsored recreational program for
economic reasons. The following steps should be implemented:
1. Reach out to the various non-profit groups for additional support.
2. Utilize advocacy groups to identify available funds and to raise funds.
4
.
3. Community service hours could be "donated" by community youth to
non-profit charitable and civic organizations in exchange for free tickets
to plays, the museum, etc.
4. Alternative methods of payment may include volunteer time by either
the child or parent.
5. Encourage donation of sports equipment and uniforms.
D. Enhanced communication within and among schools (using the public address
system, video monitors in hallways), neighborhoods (with a community
calendar), city hall (through commission/youth meetings), and the business
community (via a speaker/lecture series in the schools) should be considered.
Other specific recommendations include:
1. Add community youth to existing advisory boards as voting members.
2. Establish a Leadership Delray program for youth.
3. Conduct a needs assessment to establish what the needs are for the
community's youth.
4. Expand the Youth in Government shadow program to include business
and government.
5. Assist the younger community in getting the message out about
community involvement to the youth themselves, and give them the
responsibility for organizing, advertising and promoting their own
programs.
5
,
.
E. In order for the youth within the various communities of Delray Beach to
interact with each other, "neutral" areas, or "magnet" zones for activities need
to be establ~shed. This can be accomplished through the breaking down of old
prejudices that surround existing areas of activity. A teen center that is
attractive to all ethnic groups is desired. Similarly, instituting a Youth Board
with a broad and diversified representation helps those involved interact and
become stakeholders in the process. Educating the youth of the community,
not only with regards to the various facilities available for youth-oriented
activities, but also about their differences and similarities, can be accomplished
in the following ways:
1. Field trips and facilities tours should be organized to educate Delray's
youth as to what is available, and to get to know the facilities.
2. Hold a Culture Fest to highlight different types of music/foods for
different groups.
3. Organize more cross-cultural programs representative of Delray
Beach's ethnic diversity (for example, a better funded and publicized
Heritage Month).
4. Establish an outreach program which includes young immigrant
residents of the community.
6
II. NEIGHBORHOOD REVIT ALlZA TION
A. Delray Beach adequately addresses low income housing needs. However,
there is a need for more moderate income housing. Parcels should be
identified and set aside to allow for middle income housing for younger adults
and families; the same may be said about redevelopment areas.
B. In the immigrant communities, there is a problem of overcrowding in very low
income housing. Part of this problem is perceived as being cultural, partially
a lack of availability, and partially as the lack of knowledge about available
housing programs.
C. To address the issues above, the following suggestions were made:
1. Zoning codes need to be responsive, flexible, and reasonable.
2. New housing stock will result from redevelopment and will be provided
by the private market.
3. Strong attempts should be made to restore and revitalize existing
structures, especially those with historic significance, rather than
demolition and rebuilding.
4. Home-ownership is to be strongly encouraged, single family homes
being more desirable than apartments.
5. Encourage mixed-use development.
6. The groups that provide low income housing (CRA, CDC, TED
Center, Habitat for Humanity) should continue to do so.
7
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7. Housing programs for the city should be coordinated through th~ CRA,
with representatives from the CRA, CDC, TED Center, and the
Housing Authority.
8. A "welcome wagon" should be established to greet new residents, both
renters and owners. Multi-lingual information about utility services,
recycling, and basic code enforcement could be disseminated.
D. Ownership helps to encourage pride in community and revitalization efforts.
Revitalization leads to neighborhoods which are safe, clean, and visually
pleasing. Steps to stimulate revitalization efforts include:
1. Promoting neighborhoods with individual, youth, public, and private
involvement.
2. Organize neighborhood associations and organizati?ns to help deal with
code violations/enforcement, information on available grants and
funding, and to help develop a "pride of place" atmosphere. The first
line of defense should be neighbor to neighbor.
3. The older areas of Delray Beach should be marketed to drive
revitalization efforts. Incentives may include tax breaks, low-interest
loans and financing.
4. Chamber of Commerce members and the Planning Department can
collaborate to market Old Delray to real estate agents through
presentations before Realtor Associations and information packets
.
8
which would include available low interest funding sources, and a
catalogue of the historic districts and historic properties.
5. The community neighborhood specialist program is a valuable tool in
helping residents to organize neighborhood associations and
organizations.
E. Home ownership and neighborhood organization are essential to instilling
community pride. The City of Delray Beach should promote the following
activities in the interest of supporting neighborhoods.
1. The city should provide information on how neighborhoods can
organize homeowners' associations and use these organizations as a
liaison between the city government and residents to report code viola-
tions and criminal activity.
2. The city should sponsor well-publicized events and contests designed to
stimulate youth "clean-up" projects and neighborhood improvements,
such as "Paint Up Delray" and an "All America" awards program for
neighborhoods and individual homes.
3. Community Development Corporations, private corporations, and the
TED Center should conduct educational workshops for the public at-
large on the possibilities and responsibilities of home ownership, such
as maintenance and budgeting.
F. Partially developed or undeveloped parcels within neighborhoods represent a
public nuisance when neglected or vandalized. Neighborhood associations and
9
'.
organizations can alleviate the problem and serve as watchdogs which report
code violations to the city's code enforcement staff. The Community
Redevelopm~nt Agency and the city should continue their infill development
p~ogram of buying vacant lots and reselling them to developers as sites for a
range of affordable housing. Also, homeowners may approach property
owners to improve their lots with landscaping.
G. The city, the schools, religious congregations, and neighborhood associations
and organizations all represent logical organizations for promoting and
encouraging youth involvement in neighborhood improvements and
revitalization programs.
1. Schools should offer course credits and scholarships as incentives for
community service. Courses could be offered as an elective and focus
on house construction, painting, and landscaping.
2. The city should develop an "All America" community service program
which rewards youth involvement.
3. Students suspended from school should be encouraged to participate in
community services, such as house painting and litter removal. Allow
students to make up missed work as an incentive for participating in
community services.
4. Delray Beach should adopt a slogan: "EXPECT US TO CARE
BECAUSE WE DO. "
10
.
III. ECONOMIC DEVELOPMENT/REDEVELOPMENT
A. Delray Beach's designation in 1993 as an "All America City" was a boon to
the city's image. City residents and others began to recognize Delray as a
gJ;'eat place to live, recreate, and conduct business. However, the city's image
is not perfect; negative perceptions of crime in particular neighborhoods and
schools and along West Atlantic Avenue exist and must be changed.
B. The City Commission, the Downtown Development Authority, the Community
Redevelopment Agency, the Chamber of Commerce, and other members of the
community should work as a team to develop an integrated downtown plan.
The following actions should be taken to improve the city's image:
1. Use city information officers and police as marketing tools.
2. Increase th~ commitment to improving West Atlantic A venue through
community policing and landscaping projects with the assistance of the
shop owners and homeowners who are going to benefit.
3. Revitalize and build small hotels within the context of the historic
downtown village-by-the-sea located east of 1-95 and develop a ten-year
plan for the siting and development of a major hotel.
4. Continue to provide cultural events and evening activities downtown so
that residents and visitors can see how the area has improved.
C. Job-training opportunities in Delray Beach are adequate but under-utilized. In
particular, the Private Industry Council needs to market its programs more to
the local business community and potential participants, solicit feedback from
11
.
participants, and designate a staff member to facilitate the application process.
Agencies providing job training should provide training relevant to the current
or projected job market.
D. Job-training programs can also be expanded through better linkages between
business, local government, and educational institutions. For example, the city
can offer to train employees in cooperation with Palm Beach Community
College and vocational schools. Also, apprenticeship opportunities should be
encouraged.
E. Delray Beach needs to expand its employment base even though two relatively
large employment centers, Boca Raton and West Palm Beach, are nearby. In
order to attract more employers, the city must:
1. Continue to enhance downtown facilities, while keeping with the
renaissance cultural atmosphere.
2. Increase residential stock downtown by encouraging apartments over
stores.
3. Improve and expand public education opportunities.
4. The Chamber of Commerce should conduct a comprehensive study to
determine which businesses are over- or under-represented in the city.
5. Initiate a pro-active marketing strategy with a contracted staff person
organized through the Chamber of Commerce to attract businesses
identified through the study and further promote Delray Beach's 1993
All America City designation.
12
6. Encourage real estate agents to show prospective home-buyers the
historic areas of Delray Beach.
F. A focus on the positive aspects of summer in Delray Beach can be a marketing
tool that will increase summer tourism. The emphasis, however, should not
be solely on increased summer visitors but on developing a sounder year-round
economic climate. Recommendations for enhancing a permanent economic
base follow:
1. The promotion of special theme events, family activities, and a
Thursday night concert series would be a draw to attract people to the
area during the summer months.
2. Increased pedestrian traffic would encourage merchants to keep longer
evening hours, boosting retail trade.
3. An effective marketing campaign to "Stroll the A venue" would promote
the vitality of the area.
4. A hotel/conference center is needed within the city limits.
5. Continue to support and encourage the designation of Pineapple Grove
as a Main Street program.
6. Continue to support and encourage Visions West Atlantic.
G. In order for residents to shop in downtown locations, the shops there would
need to cater to the needs of residents as well as tourists. Locating up-scale
anchor stores and contemporary smaller stores in the area would be a positive
step in this direction. Additional suggestions include:
13
.
1. Later evening hours for local merchants.
2. A "Buy Local" campaign sponsored through the Chamber of
Commerce.
3, Improve signage and lighting in the downtown area.
4. Improve walkways and pedestrian access from off-street parking areas
to shops and restaurants.
5. Encourage successful, "higher-end" food establishments (Chili's,
Friday's) to locate in the area.
6. Encourage retail establishments which respond to the cultural
dimensions of Delray.
H. By marketing the positive aspects of Delray Beach -- its charm, historic
character, and its progressive and proactive style -- the city's image as a
desirable community in which to live will be enhanced. An especially negative
perception of Delray's crime problem must be erased through a public
relations campaign that relates to the true situation. Apartments located in the
downtown area would appeal to the younger generation, and should be
encouraged, making Delray a desirable destination for young people returning
from college.
I. An integrated downtown within the context of a historic district would enhance
the appeal of preserving existing structures and facilities. One way in which
to accomplish this integration is to coordinate the design of facades. It is often
less expensive to restore a building rather than to demolish and rebuild. The
14
outcome that results from the restoration of historic properties will add to
property values and a preservation of the spirit of Old Delray.
15
'.
IV. CRIME PREVENTION
A. The family is society's most important and effective source of crime
prevention. - For a variety of reasons though, the traditional family unit is
breaking down in many communities, and society is losing its primary defense
against crime. Families need to be healed and strengthened so that they can
support and guide children. More programs are needed that instill the self-
esteem vital to pursuing personal and career goals in younger children.
B. Schools are an extension of the family and should have adequate resources to
reinforce the values of families and assist in crime prevention. These
resources include student counselors, programs which teach parenting skills,
after-school care facilities for young children, after-school sports activities,
and more teachers to support a lower teacher-to-student ratio. In addition, the
high schools should organize visits to college campuses to promote the value
of a college education and a career.
C. The religious organizations and neighborhood associations and organizations of
Delray Beach also play an important role in preventing and reducing crime.
These organizations need to establish their own outreach programs in order to
address the problems that lead to crime, encourage participation in the
Citizen's Police Academy program, and motivate youth involvement in crime
prevention programs. In conjunction with law enforcement officials,
neighborhood residents should patrol their own streets, display an attitude
16
.
which is intolerant of crime, and play an active role in setting standards for
their communities.
D. The City of Delray Beach must expand its efforts to motivate citizen and youth
involvemenCin resolving crime problems in the community.
1.- The Police Department must continue to build trust between its staff
and the neigh~orhoods by maintaining an outward visible presence of
help and interaction in communities. Also, neighborhood associations
and organizations should assist the Police Department's community
policing efforts.
2. The city should look at existing local organizations and create an
advisory board representing membership of these organizations.
Members of this board will visit schools and community' groups to
stress the role of youth and neighborhoods in preventing crime and the
tools they can use.
3. All residents need to become aware that they share responsibility in
providing proper role models for children and should volunteer for
activities and programs.
4. In lieu of school board police officers, local police school liaison
officers should be assigned to Delray Beach middle and high schools.
The new Carver Middle School and Atlantic High School should be the
first sites for this program.
17
.
5. A more extensive role in crime prevention is needed for Delray' s
youth. Therefore, students should share in the responsibility of crime
prevention programs in schools. Peer review boards should be created,
with disciplinary authority. Also, the "Teen Tips" hotline should be
better publicized.
E. Greater coordination and communication between the city, the School Board,
the police, and private organizations should be a goal of the entire community.
One means of accomplishing this goal would be intedocal coordination of all
existing crime prevention programs.
F. Mutual respect between police and residents has been strengthened through the
community policing program. This program should be expanded city-wide,
and more substations established. The following are suggestions for
strengthening relations between the police department and residents.
1. Expand and continue to improve the Kids & Cops program, and
promote the Explorers program.
2. Educate residents as to their rights and how to use them, and encourage
residents to patrol their own streets. The Citizen's Police Academy
should be expanded and the course offered on an as-needed basis to
residents and neighborhood associations and organizations.
3. The Citizen's Observer Patrol should be expanded and extended into
retail/ commercial districts.
18
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"
G. The following recommendations should be pursued in order to keep city
residents informed about crime and its prevention.
1. The (;ity should help design and implement the full-service school
concept, which would integrate the services of HRS, have meeting
rooms, homemaking/parenting classes, extended library hours, etc.
2. Community child care programs need to be fully funded and expanded.
Day care for preschoolers should be offered at schools.
3. A Youth Police Academy should, be established for youth groups, with
a particular emphasis on high school.
4. The DARE program should be offered from elementary school through
high school, upon approval of the proposed DARE curriculum by the
Florida Department of Law Enforcement.
5. The Drug Task Force should be encouraged to keep developing drug
rehabilitation and alternative programs.
6. Crime prevention programs should be developed specifically for
preschool-age children, with police officers serving as the educators.
7. Delray should commit to "Treatment on Demand" for drug
rehabilitation.
8. Delray should aggressively pursue equitable funding from the county,
state, and federal governments for crime prevention.
9. Mandatory parenting classes should be required for the parents of
second-time juvenile offenders.
19
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10. Those individuals convicted of a crime and sentenced to community
service should be required to perform that service within the
community of the offense in a recognizable "uniform" identifying the
offender as such.
H. To restore the effectiveness of the legal system, Delray Beach should create a
Legislative Advocacy Committee to deal primarily with the issue of crime.
While it is acknowledged that these changes would not take place immediately,
it would have the following long-range goals:
1. Community-based prosecution should be enacted to ensure that local
offenders would be tried within the community.
2. The state sentencing guidelines should be revised to allow for stronger
penalties.
3. Legislation should be promoted to ensure that serving time in jail would
be a harsher punishment.
I. At a minimum, the following tools are needed by the police force in order to
implement the degree of effectiveness desired by the community:
1. Establish student participation in the "Open Ride" program.
2. Acceptance and understanding of the community policing philosophy.
3. Ordinances to support a meaningful curfew for Delray's youth.
4. Demand that suspended students be enrolled in an alternative program
rather than remain at home.
20
.
5. Encourage police officers and other city employees to live in Delray
Beach.
J. Newspapers_ and other media should be asked to report positive stories about
the city. The media should be informed as to upcoming activities and
programs that address city problems.
K. All local television and radio stations should run a public announcement at
11:00 p.m., stating "It's 11:00 p.m. Do you know where your children are?"
.
21
.
.
V. PUBLIC EDUCATION/PUBLIC SCHOOLS
A. The negative image that surrounds the public school system in Delray Beach
stems from the following perceptions: school locations, varying quality of
ed,ucation, deteriorating physical conditions, and class overcrowding. While
attitudes about Delray's public schools are changing for the better, there are
steps that should be taken to spur the process.
1. Encourage the media to report on the changes and improvements that
have been made in the schools.
2. Establish a press liaison/publicity position at each school to enhance
communications with the media.
3. The city should establish a maintenance standard and schedule with the
School Board with regards to facilities upkeep.
4. The media should be encouraged to showcase a weekly "Delray Beach
All-America" youth or youth group, based on outstanding academic,
community, or other involvement.
B. The community of Delray Beach should take the following actions as part of
the plan to promote excellence in its schools:
1. Immediate attention should be given to Atlantic Community High
School to raise its physical plant to the standards of other newly built
schools, including the possibility of campus expansion through property
acquisition. Planning for a new high school within the City of Delray
Beach should begin immediately.
22
.
.
2. Return the sixth grade to elementary schools;
3. Use the Delray Beach Education Board to lobby the Palm Beach
Coun~y School Board on behalf of Delray Beach's schools to attain an
equitable amount of funding and resources, long overdue this city, as
well as the control over these funds. The Education Board should also
seek approval of Certificates of Participation, recommend that School
Board administrators have degrees in management and/or management
experience, and schedule at a minimum an annual joint meeting
between members of the two boards. The Delray Beach Education
Board should meet regularly and develop its agenda with the assistance
of the existing SAC's. Further, it should be empowered to put pressure
on the School Board to make the changes to fIx the broken system.
4. Add youth representatives to the Delray Beach Education Board.
5. Empower teachers to be more effective disciplinarians.
6. Sponsor a local awards program, such as the "I Make a Difference"
award, for teachers in Delray Beach schools to recognize and reward
outstanding teachers.
7. Expand use of student evaluations of teachers.
8. Deliver a strong message to the state that the school system is defInitely
mismanaged and poorly planned.
23
.
a. The Legislative Advocacy Board should petition the
Legislature for a Constitutional amendment allowing our
schools to operate independently of the county.
b. The Board should lobby the state of Florida to raise its
standards to match the quality of other states' educational
systems.
c. The city should initiate a legislative change in the
Homestead Exemption with the intended purpose that
each school district take fiscal responsibility for its
schools.
9. Advertise the improvements made to Delray Beach's schools through
the commitment of students, local leaders, businesses, and residents.
C. Because Delray Beach has already achieved racial balance in the development
of its community, it will not tolerate its children being used as pawns to
achieve racial balance in other communities. While Palm Beach County must
comply with the requirements of its agreement with the U.S. Justice
Department, Office of Civil Rights for racial balance, the School Board must
recognize that schools in Delray Beach can be integrated wholly utilizing
students living in Delray Beach. Delray Beach should work to avoid a system
that interferes with its goal for a strong sense of community. Therefore,
Delray Beach should institute community-based schools.
24
.
D. Delray should take a more proactive role in determining when and where
future schools should be located.
E. Pine Grove ~lementary shall be retained as a viable community school. It
must be kept to an enrollment that the existing permanent physical site can
effectively support; the condition of the physical plant should be raised to the
level and standards of newly build schools; a magnet program for minority
gifted and gifted should be the magnet of choice for Pine Grove; and the
neighborhood improvements as recommended by the Education Advisory
Board should be enacted.
F. A new elementary school should be built east of 1-95 in order to ease over-
crowding.
G. The School Board of Palm Beach County should review and update the public
school curriculum. The Board needs to take into consideration input from the
community on what programs should be offered. Other suggestions follow
below:
1. Embrace as much technology as possible. Encourage local business to
form partnerships with Delray's schools through donations, etc.
2. More honest, open, and straightforward sex education classes should be
offered, with special emphasis on transitional events such as puberty.
This should be updated in the School Board's curriculum itself.
3. Applied education, interactive courses that challenge students should be
emphasized, such as Tech Prep.
25
.
4. Courses such as "life management skills" should be required at the
middle school level, not just in high school. A course specifically
gearerl towards applying and preparing for college should be offered.
5, Allow flexibility in the curriculum so that students desiring to take
more advanced classes may substitute them for P.E., health, home
economics, etc.
6. Encourage local business to become part of the school system through
lectures in business classes.
7. Since much of our social process involves working and living together,
our schools should emphasize teamwork and group effort in academics
and sports.
8. The curriculum should be reviewed to determine whether it is relevant
and/or practical, and to look for cultural biases.
9. Technical programs should be options for students in high school who
are not college bound.
10. An emphasis needs to be placed on teaching students to think and plan
ahead for their futures.
11. The Education Board of Delray Beach should play a role in
establishing, for presentation to the School Board, a set of guidelines
concerning school curricula.
12. N on-controversial values courses should be taught.
26
'.
13. Arts programs at all levels of the school curriculum should continue to
be encouraged and implemented.
14. Local businesses should be encouraged to increase opportunities for
work experience and apprenticeships.
15. Qualified citizens of Delray Beach should be encouraged to seek
election to the Palm Beach County School Board, and residents should
be encouraged to support them in the elections.
H. The Atlantic High School library and the old Carver Middle School library
should have extended evening hours to function as study halls. A library
network should be developed to share resources and materials. Existing
tutorial programs should be expanded to include all who want to participate,
and should be available at night as well as after school.
I. Public and private employers should be encouraged to give parents time off
from work to participate in school activities.
J. Progress reports should be mailed directly to parents to keep them informed
about their children's progress. Written comments should be added, not just
grades.
K. The Excel Focus 5 program, which teaches fifth graders how to transition into
sixth grade and handle peer pressure situations, needs to be expanded and
securely funded. More programs that focus on giving youth individual
attention and instilling self-esteem need to be established. Summer programs,
in partnership with the Private Industry Council and the Job Training
27
.
Partnership Act, should be established to provide work experience and a sense
of community for the city's youth.
L. Delray Beach should encourage the School Board of Palm Beach County to
promptly accept and proceed with the implementation of the "Sharing for
Excellence in Schools 1994: An Update of the Delray Beach Plan" as written
and presented.
28
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VI. GOVERNMENT COORDINATION/INVOLVEMENT
A. Delray Beach is fortunate that its residents show a greater than average interest
in community affairs and that the city government is proactive in its efforts to
involve citizens. This interest should be channeled even more effectively over
the next ten years as Delray Beach addresses the social problems of the
community .
B. A "Citizens in Government" program should be designed so that residents can
understand how their city government works and how they can become active
in local politics, including participation on advisory boards and ad hoc
committees.
C. The city should be aggressive in demonstrating that citizen involvement results
in change. The City Commission should ratify and implement the
recommendations within this statement and specify a date for a follow-up
seSSIOn. A "Share the Document" program should be instituted by assembly
participants to lead the efforts in communicating policy recommendations.
D. Information about local government affairs could be communicated more
effectively in the following ways:
1. The city should increase the circulation of the current city newsletter
and use the newsletters published by the neighborhood associations to
disseminate information. The city should fund first-time newsletters for
new neighborhood associations and organizations.
29
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2. Notices about City Commission meetings and other local information
should be included with monthly water bills.
3. Infoqnational signage advertising upcoming meetings related to city
events could be placed at the entrances to parks in the city and other
strategic locations.
4. The local newspapers should publish a regular "City Business and
Information" column.
5. The job description for the city's information specialist should be
expanded to include, but not be limited to, the production of a TV pilot
titled "Here's Delray" on Channel 20.
6. A volunteer bureau should be organized within the city government.
Members of this bureau could serve as ombudsmen and also be trained
in specific program areas.
E. City Commissioners should attend more meetings of neighborhood associations
and organizations.
F. The city and the community at large should market the positive aspects of
living and working in Delray Beach in the following ways:
1. Work through and with the county's Tourist Development Board to
promote Delray Beach.
2. The city should promote and facilitate special events and "themed"
festivals.
30
3. Various marketing tools should be utilized, e.g., brochures and flyers
highlighting Defray's All-America City achievements, and distributed to
hotels and tourist information centers.
4.. The All-America City designation should be painted on all police and
other city vehicles.
5. The Chamber of Commerce should take a more active role in
promoting the city. The Chamber, in conjunction with the Palm Beach
County Business Development Board should conduct a study of the
city's economic base and labor market and make recommendations on
what aspects of the city's economy should be marketed and which
businesses to attract.
6. The city should hold a minimum of three town meetings yearly.
G. Delray Beach should work to improve its communication linkages both inter-
and intralocally. One manner in which this may be accomplished is to
enhance Delray's representation on county and state boards and councils. An
editorial advisory board could be established with representation from all of
Delray's communities to coordinate informational newspapers/bulletins and
increase distribution. Newspapers in the schools should include information
regarding city events and activities.
H. The city should produce a videotape, titled "Leadership Delray," to
communicate how the city is managed, the responsibilities of each department,
and where to find answers to questions.
31
. '
I. Youth involvement in government decision-making should be encouraged. The
following are means of facilitating youth involvement.
1. Qual~fied community youth (17 +) should be appointed as voting
members to city advisory boards and commissions.
2. City issues affecting youth should be brought up before the Youth
Commission for input and comment.
3. A Conference for Youth should be held that focuses on youth issues.
The conference should have representation from all sectors of the
community, in an informal atmosphere with refreshments.
4. A "town meeting" type of event should be held at Atlantic High, with
invitations going to all high school aged youth in Delray, to promote
the interaction of students attending different high schools.
5. Youth issues should be included as a regular agenda item at city council
meetings.
J. We thank our youth participants for the time and ideas they have contributed
to Visions 2005 and recommend that all future Visions programs in Delray
Beach include youth.
32
VII. HUMAN RELATIONS
A. Although Delray Beach takes pride in its diversity, residents need to identify a
common set of goals to strengthen the overall sense of community rather than
d,well on what distinguishes one area of the city from another. Some solutions
include:
1. Hold local events like "Taste of Delray Fest" or a multi-ethnic festival
which involve participation of the entire community, in addition to
events and festivals which showcase particular ethnic foods and music.
2. Convene more Visions assemblies in the future for goal-setting and
progress evaluation.
3. Promote more events that join eastern and western neighborhoods, such
as the Heritage Fest and Perfect Harmony Festival, with an emphasis
on Old School Square as the site.
4. Encourage integration within youth athletic leagues.
5. All residents should be encouraged to attend the Roots Festival and to
participate on the planning committee.
6. Follow through with the plan to encourage ethnic restaurants to locate
in West Delray.
7. Use Heritage Month as an opportunity to accentuate the positive aspects
of living in a community with such a range of ethnic diversity.
B. The community needs to take the following steps in order to deal with the
challenges stemming from Delray Beach's ethnic and cultural diversity:
33
. '
1. Arrange cross-visits among local churches and share programs (e.g.,
choirs having joint performances).
2. Disc~ss in schools issues related to diversity and cultural sensitivity to
help students to understand and appreciate each other's background and
cultural history.
3. Adopt and implement the recommendations of the Visions West
Atlantic Redevelopment Plan.
4. In order to address the resentment of students towards the impacts of
the recent influx of immigrants on school resources, there should be a
broader forum for the discussion of differences.
C. Individuals immigrating to the United States often do not understand basic
American customs. There may also be a language barrier, which can
exacerbate the problems of settling in. Listed below are ways in which this
issue could be addressed.
1. The city should create a position/organization that would be able to
provide technical assistance and education, and support other
organizations that do so, regarding American customs and the
responsibilities of contemporary urban living to the various immigrant
populations. Those members of the community who are bilingual
should be encouraged to become involved. The position/organization
should be a combined effort including the schools, the police
department, churches, and neighborhood and civic organizations.
34
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.
2. Attempts should be made to identify and work with leaders within the
various immigrant communities.
3. A coalition of public and private interests should be established to
examine common issues and problems, and develop solutions.
4. Within the school system, programs geared specifically for teaching
immigrant students about American customs and the importance of
learning English should be implemented.
5. The city should demand that the county, state, and federal governments
provide assistance to reduce the fiscal impacts of immigration.
D. Form a committee to develop a mission statement regarding how the religious
community can become more involved in the community and how problem
solving can be effected. All denominations must be contacted, a commitment
should be made to participate, and the committee should begin to work.
E. Intentionally encourage our religious communities to become models of
cooperation in Delray Beach. An interfaith coalition should be established to
address denominational and cultural differences for the purpose of improving
our multi-cultural relationships..
F. A Human Relations Advisory Board should be established.
35
.
.
~,v~~
M E M 0 RAN DUM ~ ~
TO: MAYOR AND CITY COMMISSIONERS ~ (\\1' <V ~
FROM: CITY MANAGER t9ft1
SUBJECT: AGENDA ITEM i 9H - MEETING OF JUNE 21. 1994
APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION
DATE: JUNE 15, 1994
Jack Crespin/s term on the Public Employees Relations Commission
will expire on June 26, 1994. Mr. Crespin serves as a regular
member in the capacity of a neutral person (a person who has
neither a labor nor a management background). He is eligible for
and wishes to be considered for reappointment. The term is for
four (4) years, ending June 26, 1998. Attendance records are
attached.
Section 35.032(A)(a) of the City/s Code states that the neutral
shall be a person who on account of previous vocation, employment,
or affiliation, is not or has not been classified as a
representative of employers or of employees or employee
organizations. The appointee need not be a resident of the City of
Delray Beach.
The following persons have submitted applications for review:
Norma Bannoura (has applied to any board/committee)
Harvey Brown, Sr. (currently serving as the alternate
neutral member on PERC)
David I. Cohen (has applied to any board/committee)
Jack Crespin (incumbent)
Marta Dorfman
Herbert Freese
Murray Kalish
Leo Kierstein
Lorraine Kasper
Harold Kirschner
Rosalind Murray (has applied to any board/committee)
Deri Joy Ronis
Milford Ross
A check for outstanding liens or code violations has been
conducted. There are no violations.
Based upon the rotation schedule, the appointment will be made by
Mayor Lynch (Seat #5).
Recommend appointment of a regular member (neutral capacity) to the
Public Employees Relations Commission to a term ending June 26,
1998.
ref: a: agmemo3
'. '
-
PUBLIC EMPLOYEES RELATIONS COMISSION
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee
; ,
, ;
Jack Crespin ~ ,
,
i !
Martin Frost f !
I
Armand Mouw f I
I
Alternate
William Andrews not real point d
Harvey L. Brown, Sr (ap pnt 5/94
I
atten.doc
-
. '
.
.
M E M 0 R A N D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM i 9 ~ - MEETING OF JUNE 21. 1994
APPOINTMENTS TO THE CIVIL SERVICE BOARD
DATE: JUNE 16, 1994
The terms of J. Michael pakradooni (regular member), Wilbur Chaney
(regular member) , and Harvey L. Brown, Jr. (alternate member) on
the Civil Service Board will expire at the end of June, 1994. All
three individuals are eligible for and wish to be considered for
reappointment. The term is for two (2 ) years, ending July 1, 1996.
The attendance record is attached.
Per the Civil Service Act, the Civil Service Board consists of five
(5 ) regular members, three of which are to be of different
vocations or vocational backgrounds, not employed by the City in
any capacity, and appointed by the City Commission. The Act also
provides for two (2 ) alternate members to the Board, one of which
is appointed by the Commission. An appointee need not be a
resident, property owner or business owner in the City.
Attached is a list of applicants for the positions. A check for
outstanding liens or code violations has been conducted. There are
no outstanding violations.
Based upon the rotation schedule, the appointments will be made by
Commissioner Ellingsworth (regular member) , Commissioner Randolph
(regular member), and Mayor Lynch (alternate member).
Recommend appointment of two regular members and one alternate
member to the Civil Service Board to terms ending July 1, 1996.
ref:a:agmemo4
.
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Appointments to the Civil Service Board
The following persons have submitted applications for review and
consideration:
Donald Allgrove
Sally Antonelli
Norma Bannoura (has applied to any board/committee)
Harvey L. Brown, Jr. (incumbent alternate member)
Wilbur Chaney (incumbent regular member)
David I. Cohen (has applied to any board/committee)
Marta Dorfman
Herbert Freese
Melvin Hirth
Murray Kalish
Lorraine Kasper
Leo Koppman
Rosalind Murray (has applied to any board/committee)
J. Michael Pakradooni (incumbent regular memberj has also
applied for CRA and DDA)
Murray Sohmer
Ben Stackhouse
Leonard Syrop
Horace Waldman
Donald Zimmerman
.
. . . .
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CIVIL SERVICE BOARD
Jan_ Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee
Michael Pakradooni I I i
I P P I
I I
Wilbur Chaney P p I
I
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Robert P. Ferrell P p I
,
I Jeff Vorpagel I
p P ;
Paul Dorling P p I
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Alternates
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Harvey L. Brown, Jr P A !
Dorie Woytovech p oft Joard
Amanda Allen (elect ed 41 27/9 P
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fiv1
SUBJECT: AGENDA ITEM :It q U - MEETING OF JUNE 21. 1994
APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY
DATE: JUNE 16, 1994
The terms of Robert Brewer and Christine Wenzel on the Downtown
Development Authority will expire on July 1, 1994. Mr. Brewer does
not wish to be considered for reappointment. Ms. Wenzel is
eligible and wishes to be considered for appointment. The term is
for three (3 ) years, ending July 1, 1997. The attendance record is
attached.
To qualify for appointment and to remain qualified for service on
the DDA, a prospective member or member already appointed shall
reside in or have his or her principal place of business in the
City, and shall not be serving as a City officer or employee.
Further, at least three of the members must be owners of realty
within the downtown area, a lessee thereof required by the lease to
pay taxes thereon, or a director, officer or managing agent of an
owner or lessee so required to pay taxes. This requirement is met
since three of the current members (Ms. Bright, Mr. Listick and Ms.
Noe) own both a business and real estate in the downtown area.
Attached is a list of applicants for the position. A check for
outstanding liens or code violations has been conducted. There are
no violations.
Based upon the rotation schedule, the appointments will be made by
Commissioner Smith (Seat #1) and Commissioner Alperin (Seat #2).
Recommend appointment of two members to the Downtown Development
Authority to terms ending July 1, 1997.
me..s. 5mi+h t+ppoin+uL .:JAm ES $tp.h I
Df. A-l pE,et0 A p po I' n fe...d CheiSf1 n S W€-n~E.- J
ref:a:agmemo1
,
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Appointments to the Downtown Development Authority
The following persons have submitted applications for review and
consideration:
Norma Bannoura (has applied to any board/committee)
David I. Cohen (has applied to any board/committee)
Bruce N. Gimmy (business owner/lessee in DDA district)
Rebecca Jennings
Harriet Lerman (has also applied to CRA)
Rosalind Murray (has applied to any board/committee)
Daniel O'Neil
Barry Rubin (currently serving on General Employees
Retirement Committee; has also applied to CRA)
Carol Stanley (business/real estate owner in DDA district)
Horace Waldman
Christine Wenzel (incumbent)
.
.
DOWNTOWN DEVELOPMENT AUTHORITY
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
I
Anne s. Bright ,
p p p p p I
Michael M. Listick p P P P P
Robert Brewer p p A P P
Christine Wenzel p p p p p
Pauline Noe p A A A A
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. Memo CITY OF DELRAY BEAC~ ~
TO: City Commission DATE: 6/21/94
FROM: Anita Barba. Executive Assistant
SUBJ: APPLICATION TO CRA. DDA. CSB
:~
Please find attached an application received ---
from James F. Stahl. Mr. Stahl has applied to I
I
the Community Redevelopment Agency. 'Downtown ,
!
Development Agency and the Civil Service Board. j
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Pursuant to Commission direction. no code violations
or municipal liens were found.
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r<!:I'"'E'VCO - ---,
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CITY OF DELRAY BEACH .}J1/f 2 7 -1Sf i
BOARD MEMBER APPLICATION ,
C/Tr C~:::{K
-
NAME James F. Stahl
2020 Spanish Trail, Delray Beach, FL 33483
HOME ADDRESS (S.treet, COity, Zip Code) (LEGAL RESIDENCE)
138 North Swinton Avenue, Delray Beach, FL 33444
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 407 272-4637 BUSINESS PHONE 407 265-2229
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Downtown Development Authoritv (DDA)
Community Redevelopment Authority (CRA) & Civil Service
-,
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
None
EDUCATIONAL QUALIFICATIONS B.A. Columbia College,
Graduate Accounting Work at Nova University, Continuing Professional Education
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
C.T.P. : Certified Tax Professional
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
Certified Tax Professional
Stahl & Associates. PA: Accounting & Tax Services owner
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
I have served as a chairman and am currently a Board Member of the
Downtown Atlantic Avenue Association. I am currently a Board Member
of the Chamber of Commerce as well as Old School Square and the DMA. (Over)
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~~ 6/20/94
. . SIGNATU . DATE
. 4/90
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My being involved in these city activities has exposed me to the-
problems and successes of our city. Nowhere have I ever been a part
of such a team effort by such a diverse community. We've come a long way. "
There is much to do. I would like to help.
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RESUME
1 James F. Stahl
2020 Spanish Trial
Delray Beach, FL 33483
Home: 407 272-4637
Office: 407 265-2229
EOUCATION:
Graduate of Columbia College. B.A. in Business Administration
Nova University: Graduate Studies in Taxation
PROFESSIONAL:
January 27, 1988
Received CTP, Certified Tax Professional Status.
-~
1984 to Present:
Serving as an accountant, tax pre parer and tax planner,
financial and management consultant to 350 individuals and 100
corporations.
1986:
Instructor at Florida College of Business, teaching
Accounting, Money and Business, Business Law, and Economics.
1982 - 1984:
Controller for Classic Construction Corp., Boca Raton, Florida
1980 - 1981:
Student at Columbia College branch in Denver, Colorado.
1975-1979:
U.S. Army, Fort Carson, Colorado.
AFFILIATIONS:
Board Member, Delray Beach Chamber of Commerce.
Director, Old School Square.
Former Treasurer, Old School Square.
Current Director and Former Chairman of Delray's Atlantic
Avenue Association.
Current Director and Vice-Chairman and Former Treasurer of
Delray Economic Leaders Political Action Committee.
Former Director of Delray Beach Development Corporation.
~ Former Member of the Advisory Board of PrLme Bank, Boynton
Beach.
Former Counselor for Small Business Development Center at
Florida Atlantic University.
Member, National Society of Tax Professionals.
Member, Mensa Society.
Pi Kappa Alpha Fraternity, Alumni Association.
.
.
DOWNTOWN DEVELOPMENT AUTHORITY
Citv Of Delrav Beach, Florida
,J1.me ~1, 1994
Delray Beach City Commission
City Hall
100 h~ 1st Avenue
Delray Beach, FL 33414
Dear City Commissioner,
The Downtown Development Authority has made recommendations for the
appointments open on its Board and drafted this letter informing
you of this action. The following names have been approved by the
board in the meeting conducted on June 15,1994:
Mr. Jim Stahl, Stahl & Associates
Mr. Brian Stenz, Stenz Properties
The Board, also, recommends the reappointment of Christine Wenzel,
Mercer Wenzel to another term.
Thank-you for your consideration in this matter.
"
Sinc~re:'y, " ( /
Cj.{01-cLt ?- c'LC 'L+c) "'-.
Kay Anderson,
DDA Secretary
64 S.E. Fifth Avenue. Oelrav Beach, Florida 33483 · (407) 278~0424
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # CfK - MEETING OF JUNE 21, 1994
APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY
DATE: JUNE 15, 1994
Kevin Egan'S term on the Community Redevelopment Agency will expire
on July 10, 1994, He was initially appointed on August 9, 1988, to
fill an unexpired term, and was appointed to serve a full four-year
term in July, 1990. Mr. Egan is eligible for and wishes to be
considered for reappointment to the CRA. The term is for four (4 )
years, ending July 10, 1998, Attendance records are attached.
Per statute, a person may be appointed as a Commissioner if he/she
resides in or is engaged in business within the area of the agency.
An appointee cannot hold any other public office under the City
other than his/her commissionership or office with respect to the
Community Redevelopment Agency.
Attached is a list of applicants for the position. A check for
outstanding liens or code violations has been conducted, There are
no violations.
Based upon the rotation schedule, the appointment will be made by
Commissioner Randolph (Seat #4).
Recommend appointment of a member to the Community Redevelopment
Agency to a term ending July 10, 1998.
ref: a: agmemo2
Appointment to the Community Redevelopment Agency
The following persons have submitted applications for review and
consideration:
Norma Bannoura (has applied to any board/committee)
David I. Cohen (has applied to any board/committee)
Kevin Egan (incumbent)
Gene Fisher (currently serving on SPRABj not eligible
for reappointment on 8/31/94)
Harriet Lerman (has also applied to DDA)
Michael Manning
Rosalind Murray (has applied to any board/committee)
J. Michael Pakradooni (currently serving on Civil Service
Board)
Michael G. Park (currently serving on Board of Adjustment)
Joann Peart
Thomas Purdo
Barry Rubin (currently serving on General Employees
Retirement Committeej has also applied to DDA)
Deborah Wright
,
"
COMMUNITY REDEVELOPMENT AGENCY
Jan- Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Kevin Egan pip pip pip pip P
Edward Zuraw pip PIP pip AlA P
Marc deBaptiste Alp pip PiA pip P
Leonard Mitchell Alp pip pip pip A
Clay Wideman PiA pip pip pip p
Kathi Sumrall pip pip Alp AlA P
Wanda Gadson PIP pip pip pip P
I
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CITY OF DELRAY BEACH lJLl
BOARD MEMBER APPLICATION
.
y..9 .3
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE ,;J 7..2 - 76 3.2 BUSINESS -PHONE :J7rf'- 3f' 37
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ~ ~~
.
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
Ct/L'd'EA.// CA.AI,e/YIAA/ 6?~A
EDUCATIONAL QUALIFICATIONS B.4, /JE~'<?~E / /(/ &/~/ A/ $~<
. -
,,#-1>m/#/srL'~7/'A/ ~ S~/b'-"~V
. ' . /
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
HM hl/!!:~r,4 ~A'~ &L~/Jje.,U~
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
B~W A
C.'/-I,4-/R/YJA-/l/ ~~ ~ L:;;& ~7t/?IU-?/ C- 77~.
fYlE~~H/'1U7S A~51fJC., fJ1E/YJL3~te t/,c /J1Ay,~ ~
,
A,L.-A-;vrlCo #&/~r ~~/(' r~)(:~.E .
,
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
. /,.~ --9tJ
DATE
4/90
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[ITY DF DELRAY BEA[H
DELRA Y BEACH
f lOR IDA 100 '\J VIi 'st AVc~JUE . CJELRAY BEACH. FLORIDA 33444 . 407 ~4,]
Itdtd
AII.America City
, III I!
1993 MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~obert A. B~+cinski, Assistant City Manager
SUBJECT: TEE MARKER REPLACEMENT
DATE: June 15, 1994
Some time ago we agreed to add a 4th tee hitting position on all
our tees to accommodate senior golfers. We are in the process
of implementing this decision, which will require new score
cards and new tee signs.
Mr. Dubin is recommending that we enter into a five year
agreement with Sands hot Golf Signs to provide the tee signs.
Under this agreement Sands hot provides the signs, but is
permitted to sell and place advertising on the signs. They are
also responsible for repairing or replacing damaged signs. The
golf course is responsible for installing the signs and paying
the shipping charge. We receive no revenue from the
advertising. The benefit to us is that we do not pay for the
signs.
The staff sign committee has reviewed the proposal and has
reluctantly okayed the installation. However, they have
indicated that this needs City Manager's approval. Their
concern is with the advertising. Some precedent has been set
with the tennis center. Other municipal courses at which these
signs are located include West Palm Beach, North Palm Beach and
Lake Worth.
You may wish to obtain Commission approval for this proposal.
RAB:kwg ~:;J ~ ~
FILE:GRAHAMKW/MEMOS/RAB ~j~
DOC:MEM0211
7~yo
CJ:t1 9L
@ Pnnled on Recyciea Paper THE EFFORT ALWAYS MATTERS
,
MEMORANDUM
1v: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t9'f0
f
SUBJECT: AGENDA ITEM # / 0 A - MEETING OF JUNE 21. 1994
ORDINANCE NO. 54-94/BANKER'S ROW ASSESSMENT ROLL
DATE: JUNE 3, 1994
This is public hearing for Ordinance No. 54-94 which certifies
and adopts the assessment roll for the Banker's Row Assessment
District (B.R.A.D.) .
On February 22, 1994, the Commission adopted Resolution Nos.
13-94 and 14-94 which declared a necessity for public improve-
ments along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd
Street (Banker's Row) . The improvements were to consist of
street paving, side-street parking and street lighting, as well
as sidewalks and associated landscaping. These resolutions
imposed a special assessment on properties within B.R.A.D. to pay
25 percent of the cost of the improvements at the rate of $212.42
per year for nine annual payments. This is in accordance with
the Tri-Partite Agreement between the Banker's Row Homeowners
Association, the CRA and the City.
The Banker's Row public improvements project was substantially
complete on June 1, 1994. The next step is to formally adopt the
assessment roll through Ordinance No. 54-94. Pursuant to Section
8.4.7 of the LDR, second reading for the purpose of hearing
objections to the assessment roll has been scheduled for this
time. It was passed on first reading on June 7, 1994.
Recommend approval of Ordinance No. 54-94 on second and final
reading.
~ $-0
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ORDINANCE NO. 54-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DEL RAY BEACH, FLORIDA, PROVIDING FOR THE CERTIFICATION
AND ADOPTION OF THE ASSESSMENT ROLL FOR THE BANKER'S
ROW ASSESSMENT DISTRICT; PROVIDING FOR RECORDING OF
SPECIAL ASSESSMENT LIENS; AUTHORIZING THE FINANCE
DIRECTOR TO COLLECT THE SPECIAL ASSESSMENT; AUTHORIZING
THE ENFORCEMENT OF UNSATISFIED LIENS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission for the City of Delray Beach,
Florida, is authorized to impose special assessments pursuant to
Article 8.4 of the Land Development Regulations of the City of Delray
Beach; and
WHEREAS, pursuant to Article 8.4 of the Land Development
Regulations, the City Commission did adopt, on February 22, 1994,
Resolution No. 13-94 and Resolution No. 14-94, which declared the
necessity for certain public improvements on N.E. 1st Avenue, between
N.E. 2nd Street and N.E. 3rd Street; and
WHEREAS, Resolution No. 13-94 declared a necessity for
public improvements to include improved sidewalks and associated
landscaping along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd
Street in Delray Beach, Florida, and established a Special Assessment
District known as the Banker's Row Assessment District ("B.R.A.D.")
for this area; and
WHEREAS, Resolution No. 14-94 declared a necessity for
public improvements to include street paving, street-side parking and
street lighting along N.E. 1st Avenue between N.E. 2nd Street and N.E.
3rd Street in Delray Beach, Florida, and established a Special
Assessment District known as the Banker's Row Assessment District
("B.R.A.D.") for this area; and
I . . .
WHEREAS, pursuant to the Trl-Partlte Agreement entered lnto
by the Banker's Row Homeowners Association ("B.R.H.A."), the City of
Delray Beach Community Redevelopment Agency and the City of Delray
Beach, Florida, B.R.H.A. agreed to pay twenty-five percent (25%) of
the construction of the improvements, not to exceed a total of
$32,500; and
WHEREAS, the aforesaid Resolution Nos. 13-94 and 14-94
imposed a special assessment on properties within B.R.A.D. in order to
pay twenty-five percent (25%) of the public improvements which are
part of the Banker's Row Neighborhood Plan; and
I
WHEREAS, pursuant to Resolution Nos. 13-94 and 14-94, the
property owners subject to this special assessment shall each pay nine
(9) annual assessments in the total annual amount of $212.42; and
WHEREAS, the public improvements along N.E. 1st Avenue,
between N.E. 2nd Street and N.E. 3rd Street, were substantially
complete as of June 1, 1994; and
WHEREAS, the City Commission shall examine and approve the
assessment roll for the Banker's Row Assessment District and, subject
to required publication of the roll and notice, shall meet on a
certain date and hour for the purpose of hearing objections to the
assessment roll. If no objections are made by persons affected by the
assessment roll at the time and place specified in the required
i notice, or if objections having been made are deemed insufficient by
the City Commission, the Commission shall thereupon adopt an ordinance
I levying the assessments as shown by the assessment roll; and
, i
WHEREAS, the owner of each parcel within the Banker's Row
: Assessment District for which an assessment is levied shall thereafter
i be responsible for payment thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, does hereby adopt the aforementioned preamble in its
entirety.
Section 2. That the City Commission of the City of Delray
Beach, Florida, hereby adopts and certifies the assessment roll for
the Banker's Row Assessment District, as set forth in Exhibit "A"
hereto which is incorporated herein.
Section 3. That the City Clerk is hereby directed to record
a lien in the Public Records of Palm Beach County, Florida, for each
of the properties listed on the assessment roll attached hereto as
Exhibit "A" in an amount equal to the "Total Assessment Amount"
indicated on the assessment roll. The lien shall be enforceable
pursuant to Article 8.4 of the Land Development Regulations of the
I City of Delray Beach, Florida, including the collection of attorneys
I fees in the event the lien remains unsatisfied at the conclusion of
'I the assessment period.
I
I - 2 - Ord. No. 54-94
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Section 4. That the Finance Director is hereby directed to i
collect, on an annual basis, from each of the properties listed on the
assessment roll the amount indicated as the "Annual Assessment
Amount" . At the time when the assessment is paid in full, the Finance
Director shall notify the City Clerk who shall record a Satisfaction
of Lien in the Public Records of Palm Beach County, Florida.
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 21st day of June , 1994.
I ~~L.
" MAY/Y'R
ATTEST:
a /1 Nm Y!J1fJ11W I!()'fo/
City C rk
First Reading June 7, 1994
Second Reading June 21, 1994
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EXHIBIT nAn TO ORDINANCE NO. 54-94
ASSESSMENT ROLL
BANKER'S ROW ASSESSMENT DISTRICT
ANNUAL NUMBER TOTAL
ASSESSMENT OF ANNUAL ASSESSMENT
PROPERTY DESCRIPTION AMOUNT ASSESSMENTS AMOUNT
12 43 46 16 01 066 0091 $212.42 9 $1,911.78
248 N.E. 1st Avenue
Cynthia Bush-Leeds Tr
320 E. 92nd Street #4EE
New York, NY 10128
12 43 46 16 01 066 0101 $212.42 9 $1,911.78
238 N.E. 1st Avenue
Bertram & Marceline Wasserman
238 N.E. 1st Avenue
Delray Beach, FL 33444
12 43 46 16 01 066 0120 $212.42 9 $1,911.78
234 N.E. 1st Avenue
Bertram & Marceline Wasserman
238 N.E. 1st Avenue
Delray Beach, FL 33444
12 43 46 16 01 066 0131 $212.42 9 $1,911.78
226 N.E. 1st Avenue
William & Barbara E. Murray
226 N.E. 1st Avenue
Delray Beach, FL 33444
12 43 46 16 01 066 0151 $212.42 9 $1,911.78
218 N.E. 1st Avenue
David Gerhardt
218 N.E. 1st Avenue
Delray Beach, FL 33444
12 43 46 16 61 000 0030 $212.42 9 $1,911.78
214 N.E. 1st Avenue
Raymond H. & Ruth M. Struble
4960 N.W. 3rd Terrace
Boca Raton, FL 33431
12 43 46 16 01 074 0010 $212.42 9 $1,911.78
247 N.E. 1st Avenue
Joseph B. Weed & Martha E. Kendall
P.O. Box 554
Los Gatos, CA 95031
12 43 46 16 01 074 0020 $212.42 9 $1,911.78
239 N.E. 1st Avenue
Corazon J. Wilson
c/o Charles P. Johnson Jr.
2170 S.E. 17th Street #204
Ft. Lauderdale, FL 33316
.
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Exhibit "A" to Ordinance No. 54-94
Banker's Row Assessment District
Assessment Roll - Page 2
12 43 46 16 01 074 0031 $212.42 9 $1,911.78
235 N.E. 1st Avenue
Melissa A. Fiorenza
235 N.E. 1st Avenue
De1ray Beach, FL 33444
12 43 46 16 01 074 0041 $212.42 9 $1,911. 78
231 N.E. 1st Avenue
Patricia Ann Merrill
231 N.E. 1st Avenue
De1ray Beach, FL 33444
12 43 46 16 01 074 0051 $212.42 9 $1,911.78
227 N.E. 1st Avenue
Stephen & patricia Pescatore
12834 E1mford Lane
Boca Raton, FL 33428
12 43 46 16 01 074 0061 $212.42 9 $1,911.78
223 N.E. 1st Avenue
Gene D. & Janet V. Fisher
43 S. Swinton Avenue
De1ray Beach, FL 33444
12 43 46 16 01 074 0071 $212.42 9 $1,911.78
219 N.E. 1st Avenue
William o. Richardson
219 N.E. 1st Avenue
De1ray Beach, FL 33444
12 43 46 16 01 074 0081 $212.42 9 $1,911.78
215 N.E. 1st Avenue
Cora L. Messer
215 N.E. 1st Avenue
P.O. Box 965
De1ray Beach, FL 33447
12 43 46 16 01 074 0091 $212.42 9 $1,911. 78
211 N.E. 1st Avenue
Richard & Barbara Kamhi
14051 Sims Road
De1ray Beach, FL 33484
12 43 46 16 01 074 0101 $212.42 9 $1,911.78
203 N.E. 1st Avenue
Arthur Jr. & Rosetta M. Clark
3819 Cortez Lane
De1ray Beach, FL 33445
12 43 46 16 01 074 0120 $212.42 9 $1,911.78
201 N.E. 1st Avenue
Robert & Ruth A. Siegel
4551 Catamaran Circle
Boynton Beach, FL 33436
.
Exhibit "A" to Ordinance No. 54-94
Banker's Row Assessment District
Assessment Roll - Page 3
Resolution No. 13-94
Sidewalks & Landscaping Assessment . . . . $106.21/annum
Resolution No. 14-94
Street Paving, Street-Side Parking
and Street Lighting . . . . . . . . . . . $106.21/annum
TOTAL ANNUAL ASSESSMENT
FOR NINE ( 9) ANNUAL PAYMENTS . . . . . . . $212.42/ANNUM
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fJppuwed C;-O
MEMORANDUM (~Ol cIt;~)
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # loB - MEETING OF JUNE 21. 1994
REOUEST FOR WAIVER/DELRAY BEACH YACHT CLUB CONDOMINIUM
DATE: JUNE 17, 1994
This is before the Commission to consider a request to waive the
building height measurement provisions of Land Development Regu-
lations Section 4.3.4(J) (2) (a) for construction of the Delray
Beach Yacht Club Condominium to be located at the northwest
corner of MacFarlane Drive and Ingraham Avenue.
This section of the LDRs states ".. .the grade is established from
the mean elevation of the crown of the street along the lot
frontage II . MacFarlane Drive elevation is approximately 3.5 feet
above mean sea level.
The condominium project was designed with a height of 45.7 feet
above grade (which was permissable under the previous RM-15
zoning) . Subsequent to design, design approval and adoption of
the Land Development Regulations, FEMA's (Federal Emergency
Management Act's) 100-year flood criteria for buildings on the
barrier islands went into effect. Flood zone regulations were
dramatically changed in that to be eligible for flood insurance
at standard rates, base elevation of the first floor of a
structure must be seven feet above mean sea level.
Redesigning the project to allow the seven-foot base grade (yet
stay within the 45.7 foot height above MacFarlane Drive previ-
ously approved) would necessitate turning the Bermuda style
gabled roof into a flat roof, and would reduce the parking floor
to an eight foot ceiling.
Given the fact that the site plan and project were previously
approved with a height limitation of 45.7 feet, the crown of
MacFarlane Drive is significantly lower than it should be, and
given the inadvisability of constructing structures below
standard FEMA flood zone requirements, it is requested that a
waiver be granted and that this project be allowed to utilize the
100 year flood elevation of seven feet above mean sea level as
the base grade for determining its height limitation,
notwithstanding the provisions of Section 4.3.4(J) (2) (a) of the
LDRs.
Recommend approval of waiver of the requirement to use the crown
of the road as the base grade for measuring height for the Delray
Beach Yacht Club Condominium.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANA~
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FROM: DIANE DOMINGUEZ, ~
DIRECTOR OF PLANNING & ZONING
SUBJECT: MEETING OF JUNE 21, 1994
REQUEST FOR WAIVER/DELRAY BEACH YACHT CLUB
CONDOMINIUM BUILDING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a waiver to LDR Section 4.3.4(J) Heiqht,
Subsection (2) Basis for Measurement.
The waiver is requested in connection with an approved site
plan for the Delray Beach Yacht Club condominiums, to be
located on MacFarlane Drive at Ingraham Avenue.
B A C K G R 0 U N D:
On April 25, 1989 the City Commission approved a 12-unit
condominium structure to be built adjacent to the Delray Beach
Yacht Club on MacFarlane Drive. In July of 1990, the City
Commission granted an extension of that approval through August
1, 1995.
The project was designed with a height of 45.7', which was
permissible under the previous RM-15 zoning. The current zoning
of RM permits a maximum height of 35'. While the approved 45.7'
height no longer complies with the LDRs, it is valid as long as
the site plan remains in effect.
LDR Section 4.3.4(J)(2) provides the basis for measuring the
height of a building as the mean elevation of the crown of the
street along the lot frontage. That provision has been in effect
since 1988, prior to the approval of this project. In this case
the applicable street is MacFarlane Drive, which has a mean
elevation of approximately 3.5' . However, the minimum floor
elevation required to meet 100-year flood criteria for buildings
on the barrier island is 7'. Thus, while the code requires that
the City measure the height of the building from the 3.5' street
elevation, the building itself cannot be constructed below 7' .
The 3.5' difference between the two elevations would have to be
taken from the building itself, resulting in a change in the
roof style and in the building's overall appearance.
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city Commission Documentation
Request for Waiver/Delray Beach Yacht Club Condominium Building
page 2
On May 12, 1994 the attorney for the pro j ect , Bob Federspiel,
asked the City to consider an amendment to the LDRs that would
allow height to be measured from the base flood elevation.
While such an amendment may be appropriate, it would involve a
significant amount of research to determine the potential impact
of such a change on a citywide basis, as well as time to process
the amendment. As the applicant is under a time constraint, he
was advised to seek a waiver for this particular case.
A N A L Y S I S
Pursuant to LDR Section 2.4.7(B) Waivers, the City Commission
may grant a waiver to a provision of the LDRs based upon a
finding that the granting of the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of
public facilities;
(c) Shall not create an unsafe situation; or,
(d) Does not result in the grant of a special privilege in
that the same waiver would be granted under similar
circumstances on other property for another applicant
or owner.
The request will involve an increase in the overall height of
the building by approximately 3.5' . Even with that increase,
the 4-story structure will be significantly lower than the
120' Bar Harbor condominiums located immediately to the north,
and the ISO' Seagate Towers to the south. The minor increase in
overall height will not adversely affect the neighboring area.
The request does not involve a diminishment in the provision of
public services; nor does it create an unsafe situation. As to
the granting of a special privilege, this is a unique situation
involving a previously approved site plan that was designed in
accordance with development standards which have since changed.
Requiring the 3.5' difference to be taken from the building
would involve a lessening of the roof pitch, and would detract
from the building's overall appearance. The elevation of the
road several feet below that of the 100-year flood plain creates
a situation in which adjacent buildings cannot be constructed to
the maximum height allowed by code. Thus there is a valid
justification for approving a waiver under these circumstances.
R E COM MEN D E D ACT ION:
By motion, approve a waiver to LDR Section 4.3.4(J) for the
Delray Beach Yacht Club Condominium, in order to allow the 7'
100-year flood elevation to be used as the basis for measuring
height.
Attachment:
* Letter of request from Robert Federspiel, P.A.
T:CCYACHT.DOC
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SPINNER. DITTMAN, FEDERSPIEL & DOWLING
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS
501 EAST ATLANTIC AVENUE
DELRAY BEACH, FLORIDA 33483
(407) 276-2900
ROBERT A. DITTMAN FAX
DONALD C. DOWLING (407) 276-5489
ROBERT W. FEDERSPIEL, P. A. WEST PALM BEACH LINE
JOHN W. SPINNER (407) 736-0400
June a, 1994
Mr. David Harden, City Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Re: Request for Waiver
Delray Beach Yacht Club Condominium
Dear Mr. Harden:
As you are aware, this firm represents the developers of the Delray Beach Yacht
Club Condominium project. The subject project has previously been granted site
plan approval in 1990.
The project, as designed, planned and improved, contemplated a four-story
structure, the first floor of which contains parking and the three floors above
contain twelve condominium units. The subject project was designed and approved
under a height limitation of 45 feet.
Subsequent to the approval of the site plan and design of the project, the City
adopted its Land Development Regulations and matrix for determining the height
of structures within the City. Section 4.3.4(J)(2)(a) provides the basis for
measurement as being: "for buildings adjoining one street, the grade is
established from the mean elevation of the crown of the street along the lot
frontage."
In the instant situation, the crown of MacFarlane Drive, being the adjoining
street, is at an extremely low elevation of approximately 3 feet above mean sea
level. The project was designed from that grade. Subsequent to the design,
approval of the design, and adoption of the LDRs, FEMA flood zone regulations
have dramatically changed as a result of both Hurricane Andrew and other
experiences such that the base elevation of the first floor of a structure, even
where it consists of parking if there is mechanical equipment, lobbies and other
improvements contained therein, must be 7 feet above mean sea level in order to
obtain flood insurance at the standard rates.
In order to construct the subject project in the manner designed, utilizing the
crown of the road for the base grade, flood insurance, which would ordinarily be
available at the standard rate of approximately $2,500.00 per year, would only
become available on a rated basis, at an exorbitant cost of $45,000.00 per year.
Obviously, applying this cost to 12 residential units is impractical.
To attempt to redesign the project to allow a 7-foot base grade yet stay within
the 45-foot height limitation previously approved would severely impact the
aesthetics and appearance of the building by turning the Bermuda-style gabled
roof into a virtually flat roof, and at the same time, require the parking on the
first floor to have an a-foot ceiling, leaving a very claustrophobic effect.
Given the facts that the site plan and project has been previously approved based
in part upon the aesthetic appeal of the structure as designed, the extraordinary
experience incurred by the insurance industry in South Florida over the last
"
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Mr. David Harden, City Manager
June 8, 1994
Page 2
several years, the low elevation of MacFarlane Drive, and the inadvisability of
approving structures to be built below standard FEMA flood zone requirements, and
in order to preserve the aesthetic quality of the subject project, we would
respectfully request that the City Commission grant a waiver pursuant to Section
2.4.7(B) of the City's Land Development Regulations that this project be allowed
to utilize a base grade of 7 feet above mean sea level for determining its height
limitation, notwithstanding the provisions of Section 4.3.4(J)(2)(a) of the
subject Land Development Regulations.
Specifically, we would request that the City Commission find that the granting
of the waiver:
a. Does not adversely affect the neighboring area and, conversely,
enhances the neighboring areas by preserving the approved, aesthetically
attractive architectural design of the project;
b. Does not significantly diminish the provision of public facilities
and, in fact, as a part of the approval process, has enhanced the same by the
granting of public utility easements through the subject property;
c. Does not create an unsafe situation and, in fact, diminishes the
exposure to flood damage to the property, and
d. Due to the uniqueness of the circumstances as described above, does
not result in the grant of a special privilege in that the same waiver would be
granted under similar circumstances on other property for another applicant or
owner.
Due to the impending commencement of construction and time limitations which our
clients are under, we would request this matter be heard at the earliest
opportunity.
Sincerely,
EL, P.A.
RWF:br
c: Delray Beach Yacht Club
Susan Ruby, Esq.
Ms. Diane Dominguez
City Commission
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CITY OF DELRAY BEACH. FLORIDA
NOTICE OF PUBLIC HEARING
REOUEST FOR WAIVER OF CITY ORDINANCE
Pursuant to Section 30.15(A), "Waivers of City Ordinances",
NOTICE IS HEREBY GIVEN that a request has been received from
Robert W.Federspiel, as representative for the developers of the
Delray Beach Yacht Club Condominium project located at the
northwest corner of MacFarlane Drive and Ingraham Avenue, Delray
Beach, Florida, for a waiver to the provisions of Section 4.3.4,
"Base District Development Standards", Subsection 4.3.4(J),
"Height II, Sub-subsection 4.3.4 (J) (2), "Basis for Measurement",
subparagraph (a), of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida. The City
Commission will consider waiving the applicability of Section
4.3.4(J)(2)(a) to allow a base grade of seven (7) feet above mean
sea level to be used for determining the height limitation of the
project.
A PUBLIC HEARING on the aforementioned waiver of the City's Code
of Ordinances will be held on Tuesday. June 21. 1994. at 7: 00
~, in the City Commission Chambers at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida.
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 hearing, such person will need a record of these
proceedings, and for this purpose such person may need to ensure
that a verbatim record includes the testimony and evidence upon
which the appeal is to be based. The City does not provide nor
prepare such record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
June 11, 1994 Alison MacGregor Harty
City Clerk
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[IT' DF DELIA' IEA[H
DELRA Y BEACH CITY CLERK
f LOR IDA 100 N.W. 1st AVENUE . DELRA Y BEACH, FLORIDA 33444 . 407/243-7000
.......
A1~America City
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1993
June 22, 1994
Robert W. Federspiel, Esq.
Spinner, Dittman, Federspiel & Dowling
501 East Atlantic Avenue
Delray Beach, FL 33483
Re: Waiver Request/Delray Beach Yacht Club Condominium
Dear Mr. Federspiel:
At the regular meeting of June 21, 1994, the Delray Beach
City Commission, after conducting a duly noticed public
-earing, approved the request to waive the provisions of LOR
3ction 4.3.4(J)(a) to allow a base grade of seven ( 7 ) feet
Jove mean sea level to be used for determining the height
_1mi tation of the Delray Beach Yacht Club Condominium
project located at the northwest corner of MacFarlane Drive
and Ingraham Avenue.
If you need any additional information, please do not
hesitate to contact me.
. _ncerely,
Li!hc~l!rdit
Alison MacGregor Harty
City Clerk
AMH/m
cc: Diane Dominguez, Director of Planning and Zoning
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # /0 C. - MEETING OF JUNE 21. 1994
ORDINANCE NO. 30-94/LDR AMENDMENT TO ALLOW AUCTIONS AS
AN ACCESSORY USE IN THE MIC DISTRICT
DATE: JUNE 17, 1994
This is public hearing for Ordinance No. 30-94 which amends
Section 4.4.19(C) of the Land Development Regulations by adding
"auctions" as an allowable accessory use in the Mixed Industrial
and Commercial (MIC) District.
The proposed amendment will permit the conducting of auctions as
an accessory use only, incidental to an existing principal use.
In response to concerns regarding the impact of the use on
adjacent businesses, it also requires that parking be provided
pursuant to the requirement for a general commercial use (4.5
spaces per 1,000 square feet of gross floor area). If paL'king is
determined to be inadequate, an alternative would be to limit the
use to hours when the majority of neighboring businesses are
closed (evenings, weekends). If a determination can be made that
adequate parking exists, or that parking will be adequate if the
use is limited to certain hours, the use can be approved at an
administrative level.
The Planning and Zoning Board formally reviewed the proposed text
amendment on May 16, 1994, and forwarded it to the Commission
with a unanimous recommendation for approval. Ordinance No.
30-94 was passed on first reading on June 7 by unanimous vote of
the Commission.
Recommend approval of Ordinance No. 30- 94 on second and final
reading.
f~ 5-0
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.._, - _. --~- . --~---
ORDINANCE NO. 30-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.19(C) OF
THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, BY ADDING AUCTIONS AS AN ALLOWABLE
ACCESSORY USE IN THE MIXED INDUSTRIAL AND COMMERCIAL I
(MIC) DISTRICT: PROVIDING A GENERAL REPEALER CLAUSE, A i
SAVING CLAUSE, AND AN EFFECTIVE DATE. i
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of May 16,
1994, and has forwarded the change with a unanimous recommendation of
approval: and
, WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
I Planning and Zoning Board, sitting as the Local Planning Agency, has
I determined that the change is not inconsistent with 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 4.4.19, "Mixed Industrial and
I Commercial (MIC) District", Subsection 4.4.19(C), "Accessory Uses and
, Structures Permitted", 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 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 principal uses
(4) Storage of inventory, equipment or materials,
within a structure or in an approved outside location
~ The conducting of auctions incidental to a
principal use, and subject to the provision of parking at the
rate required for general commercial uses
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, Section 2. That all ordinances or parts of ordinances in I
I 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
I whole or part thereof other than the part declared to be invalid.
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Section 4. That this ordinance shall become effective I
I ten
I (10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 21~t day of ,Tnnp- , 1994.
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ATTEST: ;
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il (JlUum~Jur !lw~
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I City C rk
:j First Reading June 7, 1994
I Second Reading June 21, 1994
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, ~ MANAG~ ~--
.....'"
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FROM: DIANE DOMINGUEZ, . . .
DIRECTOR OF PLANNI G'~~N .
SUBJECT: MEETING OF JUNE 7, 1994
LOR AMENDMENT ALLOWING AUCTIONS AS AN ACCESSORY USE
IN THE MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to Section 4.4.19 of the Land
Development Regulations, MIC zoning district. The
amendment would add "auctions" as an allowable accessory
use.
B A C K G R 0 UNO:
This amendment came about as a result of a request made by the
owner of an antique store in the Delray Commercial Center
(formerly the Linpro Center) , for a similarity of use
determination. The request was that the Planning and Zoning
Board find the use "auctions" to be similar to other retail uses
allowed in the MIC zone. The Board cons idered the request at
its meeting of April 18, 1994. While the members felt the use
was similar, they had concerns which led to the initiation of a
text amendment rather than simply a determination that the use
is similar. The attached Planning and Zoning Board staff report
describes the background and proposed amendment in greater
detail.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed the proposed
text amendment at its meeting of May 16, 1994. Other than the
applicant's representative, there was no public testimony on the
item. The Board voted 7-0 to recommend that the amendment be
approved.
R E COM MEN 0 E 0 ACT ION:
By motion, approve the amendment to LOR Section 4.4.19(C) adding
the following as an allowable accessory use in the MIC District:
(5) The conducting of auctions incidental to a principal
use, and subject to the provision of parking at the rate
required for general commercial uses.
Attachment:
* P&Z Staff Report & Documentation of May 16, 1994
T.CCAUCMXC.DOC
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: MAY 16, 1994
AGENDA ITEM: V.E. LDR AMENDMENT ADDING "AUCTIONS" AS AN
ALLOWABLE ACCESSORY USE IN THE MIC DISTRICT
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission on an LDR amendment
which would allow the conducting of auctions as an
accessory use in the MIC (Mixed Industrial and Commercial)
zoning district.
BACKGROUND:
At its meeting of April 18, 1994, the Planning and Zoning Board
considered a request for a Determination of Similarity of Use
regarding auctions in the MIC zone. . An owner of an antique
furniture business in the Linpro Center (N.E. corner of Congress
Avenue and S. W. 10th Street) wanted to hold auctions on an
occasional basis to clear out excess inventory. Although retail
sales is permitted in the district, "auctions" is no". a listed
use. Auctions are listed as a permitted use in the CBD, Ge, and
PC zoning districts. Thus, the request for a determination was
presented to the Board.
During the discussion of the item, Board members voiced several
concerns. While they felt that the use is generally similar to
other uses permitted in the district, there were concerns about
the potential impacts of the use on neighboring businesses,
particularly as it relates to parking. The MIC district allows
a variety of uses, many of which have a lesser parking
requirement than a retail or assembly type of use. It was felt
that if auctions are permitted in the distict, such a request
should be subject to a review by staff as to the availability of
parking.
PROPOSED AMENDMENT:
The proposed amendment (copy attached) , would permit the
conducting of auctions as an accessory use only, incidental to
an existing principal use. It would also require that parking
be provided pursuant to the requirement for a general commercial
use (4.5 spaces per 1,000 sq. ft. of gross floor area). Prior
to approving auctions at a particular location, the business
would have to verify that parking was available. In the case of
the Llnpro Center, this would involve a review of the square
footage of all of the existing businesses, and the number of
spaces available. If the parking were determined to be
inadequate, an alternative would be to limit the conducting of
V.E.
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Planning and Zoning Board Staff Report
LDR Amendment RE: Auctions in HIC
Page 2
auctions to hours when the majority of the business are closed
(evenings, weekends) . Thus, administrative relief for the
double counting of spaces for an off-hours use would have to be
granted by the Director of Planning and Zoning before the use
would be ~ermitted pursuant to LOR Section 4.6.9(C)(8)(b).
ANALYSIS
The proposed amendment allows the addition of a use which is
similar to other uses permitted in the district. It also
provides some restrictions to address the concerns related to
the impact of the use on adjacent businesses. These
restrictions involve the limiting of auctions to an accessory
use, subject to a parking requirement that is greater than that
which is typically provided in an HIC zoned development. Any
requests to hold auctions at property zoned HIC will be subject
to a review by staff as to the availability of parking. If a
determination can be made that adequate parking exists, or that
parking will be adequate if the use is limited to certain hours,
the use can be approved at an administrative level.
RECOMMENDED ACTION:
By motion, recommend to the City Commission that the following
language be added to LOR Section 4.4.19(C):
(5) The conducting of auctions incidental to a principal
use, and subject to the provision of parking at the rate
required for general commercial uses.
Attachments:
* Proposed ordinance
'rIPZAUC.DOC
Report prepared by:
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Section 4.4.19--MIC Zoning District
(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 incident-a}
to principal uses
(4 ) Storage of inventory, equipment, or materials, within
a structure or in an approved outside location.
ill The conductinq of auctions incidental to a principal
use, and sub1ect to the provision of parkinq at the rate
required for qeneral commercial uses.
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TIM:J:CAUC.DOC
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CHARLES P. RANDALL, P.A. ~\~~ ~Uj)
ATTORNEY AT LAW 4 \~('.J
_ A?~ .,,...
THE COURTYARD. SUITE 1 50
5301 NORTH FEDERAL HIGHWAY QNlNG
BOCA RATON, FLORIDA 33487 PlANNING & Z
(407) 995-0990
FAX (407) 995-9988
ADMITTED PRACTICE BEFORE
FLORIDA STATE & FEDERAL TRIAL COURTS
CALIFORNIA US. TAX COURT
VIA HAND DELIVERY
April 1, 1994
City of Delray Beach
Planning and Zoning Board
100 NW 1st Avenue
Delray Beach, FL 33444
Re: Application of Keisarian Antiques for
Determination of Similarity of Use
Dear Sir/Madam:
I represent Keisarian Antiques USA, Inc. located in the Delray
Commercial Centre, 955-975 South Congress Avenue, Delray Beach, FL
33445. My client is a United States subsidiary of a well-known
European antique house which specializes in the importation and
sale of museum quality antiques acquired from European Landed
Estates.
My client wishes to conduct monthly auctions of estate antiques
from its Delray Commercial Centre location. The auctions are
expected to draw a maximum of 50 people at anyone time. The
location is 4,700 square feet in size and contains both men's and
women's restrooms.
Keisarian was under the impression at the time it entered into the
Lease with the Centre that such activities were permitted under the
existing zoning laws. It has recently come its attention that the
applicable zoning is Mixed Industrial and Commercial. This zoning
is apparently not the correct zoning for such auctions to take
place.
Respectfully, my client and my self would like the opportunity to
meet with the Planning and Zoning Board for the purpose of
obtaining from Determination of Similarity of Use to allow the
auction activities as outlined above. In this respect and with the
limited auction frequency which is contemplated by such use, the
a~tivity resembles the furniture and home furnishings
classification as described in Section 4.4.19 (4)(e) of the City's
Administrative Code. My client requests the hearing time at your
first available opportunity.
,
Letter to Delray Planning and Zoning Board
Dated April 1, 1994
page 2
Please call if you have any questions.
Very truly yours,
~e~
Charles P. Randall
CPR:md
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MA~AGER ?Jt1
SUBJECT: AGENDA ITEM it 10 l) - MEETING OF JUNE 21. 1994
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO.
31-94/LDR AMENDMENT CREATING -SECTION 4.4.27. "OSR (OPEN
SPACE AND RECREATION) DISTRICT
DATE: JUNE 17, 1994
This is second reading and public hearing for Ordinance No. 31-94
which amends the Land Development Regulations by creating a new
zoning district to be known as the OSR (Open Space and
Recreation) District.
This amendment is proposed in response to direction from the
Commission in February, 1993, to refine the CF (Community
Facilities) District. It, along with the proposed amendments to
the CF and OS (Open Space) zoning districts, is intended to
provide a zoning category which clearly delineates the types of
use it is intended to accommodate. The attached staff report
provides additional background and analysis of the OSR District.
Basically, it is intended primarily for outdoor recreational uses
such as golf courses and city parks with active facilities such
as ballfields.
The Planning and Zoning Board formally reviewed this item at its
meeting of April 18, 1994, and forwarded the amendment to the
Commission with a unanimous recommendation of approval. Staff
has subsequently proposed the inclusion of "Residential
facilities for temporary occupancy by participants of
recreational programs" as an accessory use in the OSR district in
order to accommodate the residential facilities at the Bucky Dent
Baseball School.
The Commission passed Ordinance No. 31-94 on first reading on
June 7, 1994, by a 4 to 0 vote.
Recommend approval of Ordinance No. 31-94 on second and final
reading.
fJCv~ 5-0
ref:agmemo14
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ORDINANCE NO. 31-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING I
I REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
: THE CITY OF DELRAY BEACH, FLORIDA, BY ENACTING A NEW
SECTION 4.4.27, "OPEN SPACE AND RECREATION (OSR)
DISTRICT"; PROVIDING A GENERAL REPEALER CLAUSE, A
i I SAVING CLAUSE, AND AN EFFECTIVE DATE.
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ill WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
I Zoning Board reviewed the subject matter at its meeting of April 18,
i/ 1994, and, by unanimous vote, forwarded the change with a recommendation I
I of approval; and I
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I 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.
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i\ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article 4.4,
i "Base Zoning District", of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by enacting a new Section 4.4.27, "Open Space and
Recreation (OSR) District", to read as follows:
11 Section 4.4.27 Open Space and Recreation (OSR) District:
:1 (A) Purpose and Intent: The Open Space and Recreation (OSR)
I Zone District is established in order to most appropriately identify
II parcels of land which are used primarily for recreational or public
I purposes in an outdoor setting (e.g. a swimming facility). Thus, it is
generally applied to parks, golf courses, and situations where public
recreational facilities may exist. It also accommodates the operation
of activities licensed by the City.
The OSR District is deemed compatible with all land use
designations shown on the Future Land Use Map.
(B) Principal Uses and Structures Permitted: The following
types of use are allowed within the OSR District as a permitted use:
(1) Parks, public or private, active or passive,
including playgrounds, ballfields, interpretative
trails, educational exhibits, and the like I
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I (2 ) Recreational facilities such as swimming pools,
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i tennis courts, exercise and activity rooms
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(3) Golf courses (public or private) , including
clubhouses with restaurants, meeting rooms, pro
shops, and similar facilities
I (4 ) Cemeteries and mausoleums, public or private
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'j ( C) Accessory Uses and structures Allowed: The following
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q types of use are allowed when a part of, or accessory to, the principal
'I use:
I (1) Parking lots
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I (2 ) Restrooms, rest areas, picnic facilities
( 3) Administrative and maintenance buildings
(4 ) Boat ramps
(5) Concessions and services provided under a license
, agreement with the City of Delray Beach
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, (6 ) Storage of inventory, equipment, and materials,
within a structure or in an approved outside
I location
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,I (7) Residential facilities for temporary occupancy by
I participants of recreational programs
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i (D) Conditional Uses and Structures Allowed: There are no
1 listed conditional uses in the OSR District. If a use is so
I contemplated, it may be more appropriate to seek CF District zoning. I
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I (E) Review and Approval Process: The use of any land within
I the OSR District must be pursuant to a site and development plan which
I has been approved by the Site Plan Review and Appearance Board pursuant
I to Sections 2.4.5(F), (H) and ( I) , as appropriate.
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I (F) Development, Supplemental, and Special Regulations: All
il standards for the development and/or use of property zoned OSR shall be
established pursuant to the site and development plan.
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Section 2. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
- 2 - Ord. No. 31-94
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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. I
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading. I
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PASSED AND ADOPTED in regular session on second and final
reading on this the 21st day 0 f June , 1994.
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ATTEST:
a~l.~1ft;k~ 110175;;
ity Cle
First Reading June 7, 1994
Second Reading June 21, 1994
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- 3 - Ord. No. 31-94
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: O~CITY MANAGER
FROM: OI .~ 3)- Cl~
DIRECTOR OF PLANNI & ZING
SUBJECT: MEETING OF JUNE 7, 1994
LDR AMENDMENT CREATING SECTION 4.4.27, OSR (OPEN SPACE ..
AND RECREATION) DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to the Land Development
Regulations.
.......- ~., The amendment creates a new zoning district to be known as
the OSR (Open Space and Recreation) District.
B A C K G R 0 U N D:
This amendment is the result of direction given by the City
Commission in February of 1993, during consideration of changes
proposed to the CF (Community Facilities) District. Those
changes involved a renaming of the district to IFS (Institutions
Facilities and Services), and the provision of flexibility in
some of the development standards and allowable uses. During
the discussion of the amendment, the Commission noted that the
district was quite broad in scope, in that it accommodated uses
ranging from parks and ballfields to government centers and
hospitals. Direction was given to create two separate zoning
districts from the CF zone: one that would accommodate
services and institutions, and one that would be applied to
recreational facilities. The resulting new zoning district is
the OSR (Open Space and Recreation) District.
A N A L Y S I S
The OSR District is intended primarily for outdoor recreational
uses such as golf courses and city parks with active facilities
such as ballfields. It is also appropriate for recreation
centers that involve outdoor oriented activities, such as the
Catherine Strong Center and Pompey Park. As a result of the
creation of this district, golf courses will be deleted as an
allowable use in the Open Space district, and golf courses
throughout the City will be rezoned to OSR. The OSR as proposed
provides additional clarification as to the types of accessory
uses that will be permitted in conjunction with golf courses and
other active recreation areas.
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city Commission Documentation
LOR Amendment Creating OSR District
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of April 18, 1994. At the suggestion of members of the
Hamlet Golf and Tennis Club, the Board recommended that language
be added which allowed for private recreational facilities
operated .in conjunction with golf courses. The Board voted 7-0
to recommend approval of the amendment.
During its discussion of the related rezonings of facilities
from CF and OS to OSR, a question was raised regarding the
residential facilities at the Bucky Dent Baseball School.
Because such facilities are not listed as allowable in the OSR
district, the Board recommended that the facility remain zoned
CF. However, that creates other complications, as parks and
ballfields are being deleted from the CF district. A more
appropriate approach would be the inclusion of the use. " '..
"Residential facilities for temporary occupancy by participants
of recreational programs" as an accessory use in the OSR
District.
R E COM MEN 0 E 0 ACT ION:
By motion, approve the LOR amendment creating Section 4.4.27,
Open Space and Recreation District as attached, with the
addition of the following under Section 4.4.27 (C) Accessory
Uses and Structures Allowed:
(7) Residential facilities for temporary occupancy by
participants of recreational programs.
Attachment:
* Ordinance by others
T:CCOSRLDR.DOC
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt'11
SUBJECT: AGENDA ITEM # /0 E - MEETING OF JUNE 21. 1994
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO.
32-94/LDR AMENDMENT TO SECTION 4.4.21. "CF (COMMUNITY
FACILITIES) DISTRICT
DATE: JUNE 171 1994
This is second reading and public hearing for Ordinance No. 32-94
which amends the CF (Community Facilities) zoning district by
clarifying its purpose and intentl amending the types of uses
allowedl and modifying certain special regulations to allow for
the relaxation of the district boundary requirements.
This amendment is associated with the creation of the OSR
District in that it deletes from the CF District those uses which
will now be permitted under OSR zoning (Le., golf courses, city
parks having active outdoor components such as ballfields, and
cemeteries). It continues to accommodate public and. private
facilities for governmental 1 religious1 educational, health care
and social service purposes, and is also applied to certain large
scale recreation centers such as the municipal tennis complex.
Churches and places of worship are now proposed to be allowed in
the CF zone as a principal use rather than a conditional use. The
proposed changes to the district boundary requirements will allow
for more flexibility in the provision of buffers and landscape
treatment.
The Planning and Zoning Board formally reviewed this item on
April 18, 1994, and forwarded it to the Commission with a
unanimous recommendation for approval. On June 7 , 1994, the
Commission passed Ordinance No. 32-94 on first reading by a 4 to
o vote.
Recommend approval of Ordinance No. 32-94 on second and final
reading.
fOJuw:L 6-0
ref:agmemo15
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ORDINANCE NO. 32-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.21,
"COMMUNITY FACILITIES (CF) DISTRICT" , OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
FLORIDA, BY CLARIFYING PURPOSE AND INTENT, TYPES OF
USES ALLOWED, AND DEVELOPMENT, SUPPLEMENTAL AND SPECIAL
REGULATIONS FOR THE ZONE 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 its meeting of April 18,
1994, and, by unanimous vote, forwarded the change with a recommendation
I 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 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.21, "Community Facilities (CF) I
! District", of the Land Development Regulations of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
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Section 4.4.21 Community Facilities (CF) District:
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(A) Purpose and Intent: The Community Facilities (CF)
District is a special purpose zone district primarily, but not I
exclusively, intended for tattlttt~s locations at which facilities are I
provided to w~ti* serve public a~~ semi-public, and private purposes. I
tt/ts/als0/appli~~//t0/t~~~lati~/pt0P~tttes/s~~~~tt~~//t0/a/tta~stet//0t
~eteI0p~~~t/ti~~ts' Such purposes include governmental ~s~s'//i~~tt~es,
religious, educational, health care, social service, and special
facilities insttt6ticns. It is also applied to regulated properties
subjected to a transfer of development rights pursuant to Section
4.6.20.
The CF District is deemed compatible with all land use
designations shown on the Future Land Use Map.
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(B) Principal Uses and Structures Allowed: The following
types of use a~e allowed within the CF District as a permitted use:
(1) Governmental, titilities such as: civic centers,
courts, courthouses, temporary- holding facilities, fire stations,
governmental offices, public health. facilities, law enforcement offices
and facilities, post offices, public utility facilities (e.g., lift
stations), water storage tanks, water treatment plants, water wells,
wastewater treatment plants, drainage facilities.
(2) Community, titilities such as: civic centers,
community centers, community theatre, cultural facilities and
auditoriums, arts and crafts centers, libraries, museums, public parking
lotsJ/pat~tn~ and garages.
(3) ~at~S///and///tRecreationL tattlttt~s such as:
community centers, pat~sI/~allti~ldsI tennis centers, swimming centersl
; ~6It/t6~ts~s/w~lt~/at~/6p~n/t6/t~~/pn~ltt.
(4) Services, 0tie~ted//titilities such as: Abused
Spouse Residences, Child Care Centers, Day Care Centers, ~t0~p//~0~es
I t~t~ls/t//an6//tt Community Residential Facilities with six or less
occupants.
J2l Religious, such as: churches and places of worship
with attendant uses of day care, pre-school, educational facilities, and
with other normal educational (Sunday school) and recreational
facilities, and support facilities (e.g., parsonage).
(S6) Restricted usage allowed pursuant to an ordinance
enacted to sever-development rights under a Transfer of Development
Rights (TDR). (See Section 4.6.20).
A61//rt.etL~t~ttes
(C) Accessory Uses and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal use:
i (1) Parking lots and garages
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(2) Service and refuse areas
: (3) Cafeterias, snack bars, restaurants, exercise
facilities, etc., when contained in the same structure as the principal
use.
- 2 - Ord. No. 32-94
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(4 ) storage of inventory, equipment, or materials, I
within a structure or in an approved outside location. i
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(5 ) Concessions and services provided under a license
agreement with the City.
(D) Conditional Uses and structures Allowed: The following
uses are allowed as conditional uses:
(1) Health Care, such as: Adult Congregate Living;
Continuing Care; Homes for the Aged; and Nursing Home s ; tatL1.LtL~t./.
Substance Abuse Treatment Facilities; Hospitals, with or without
helipads and associated laboratories, treatment centers, rehabilitation
centers, and testing facilities; and Mental Health Treatment Facilities
I including residential care.
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i Aly//g~~t.tant~/A~~t.~/tteat~ent/tatL1.LtLet./.
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i ~~y//t~~tt~~t./an~/p1.atet./~t//~~tt.~Lp/~Lt~/atten~ant//~t.et.
i ~t/~at/tateJ/pteft.t~~~IJ/ed~tatL0na1.//tatL1.LtL~t.J/and/~Lt~/~t~et//n~t~al
ed~tati0~a1./~g~~~at//t.t~0~1.Y/a~d//t~tteatL~nal/tatL1.LtL~t.J//and//t.~pp~tt
, tatL1.itLet./~~'~/.J/patt.0na~et.y/.
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(~~) EducationalL tatLILtL~t. either public or privateL
and vocational schools except for training or programs which can be
conducted in multipurpose buildings or offices (e.g., a dance school,
real estate school, etc.) which may be located in various commercial
districts.
(Sl) ~t~np//~~~~t.J///tet~I///ttt/. Services, such as:
Community Residential Homes with seven or more occupants.
A61//~~t.pLtalt.J/~Lt~/~t//~Lt~~~t/~eILpadt./and//at.t.~tLat~d
l.a~6tat6tt~t.J/tt~at~~nt//t~nt~tt.J//t~~a~LILtatL~n/t~nt~tt.J//and//t~t.tLn~
tatL1.Ltt~t./.
A7Y//Mental///Healt~///1teat~ent///tatL1.LtLet.///Lntl~dLn~
t~t.L6~ntta1./tat~'
A8Y//PtLwatelt/0petate~/pat~Ln~/10tt./an~/~ata~et./.
~~Y//~et~t.~/1tant.tet/gtatL0nt.
AI0y//gtadL~t./an~/atenat.
- 3 - Ord. No. 32-94
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~llY//tti~tp~ttiti~~/ttiti~~t//a~~/tet~i~alt//t~t~/it//~~t I
tt~ti~~t'/tailwat/tt~ti~~tl/ta*i/~itpitt~/l~~te/t~i~/~~e/ta*iY' I
I
~llY//~tilitt/titilitiet/t~t~/at/p~wet/tti~ttet/ttati~~t,
J!L Transportation, such as: bus stations, railway
stations, taxi dispatch (more than one taxi), and park and ride areas.
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J2l Special Services and Facilities, such as: privately
operated parking lots and garages; stadiums and arenas; refuse transfer
stations; power transfer stations; and communication towers.
(E) Review and Approval Process: I
(1) In established structures, principal and accessory
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, approval must be granted by
the Site Plan Review and Appearance Board pursuant to Sections 2.4.5(F),
2 . 4 . 5 (H), and 2. 4 . 5 ( I) .
(3) Conditional uses must be approved pursuant to
Section 2.4.5 (E) .
(F) Development Standards: The development standards as set
forth in Section 4.3.4 shall apply as guidelines for site development. I
I While deviations from these standards are allowed, each deviation must ,
i be specifically approved by the Site Plan Review and Appearance Board. i
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'I (G) Supplemental District Regulations: The supplemental i
, district regulations as set forth in Article 4.6 shall apply. i
: (H) Special Regulations: I
! (1) Wit~i~/t~e/tt~~t//tit~/tet~at~/i~~//anf/ttteet//ti~e j
i The perimeter setback area, when provided, t~e/tittt//ten/teet//~10'Y
I: i~~ttin~/t~e/ti~~tf~tfwif shall be a landscaped area within which no
paving shall be allowed except for driveways and walkways leading to
" structures on the premises. Such driveways and walkways shall be
generally perpendicular to the property line. ~n/l~ts//wlt~/a//dept~
I ~te~t~t/t~~~/t~t~~/~~~~te~//t~~t/lJ00'YI/t~e//tt~~t/tit~/Ia~~ttipe//itea
t~aII/~~/titt~~~/t~~t/llS'Y/i~/~~pt~,
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(2 ) When this zone district is adjacent to residential
zoning, the perimeter landscape area should be increased to a depth of
fifteen feet (IS'); or, as an alternative, either a wall, decorative
fencing, or hedging should be installed for aesthetic and buffer
purposes.
Section 2. That all ordinances or parts of ordinances which
are in conflict herewith 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.
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Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
: PASSED AND ADOPTED in regular session on second and final
Ii reading on this the 21st day 0 f June 1994.
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ATTEST:
(11, ;"='<<!K- k11m /In tlf
ity Cl rk
First Reading June 7, 1994
Second Reading June 21, 1994
- 5 - Ord. No. 32-94
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDE~MANAGER .
FROM: . DIANE DOMINGUEZ ~~
DIRECTOR OF PLANNING & Z NING
SUBJECT: MEETING OF JUNE 7, 1994
LDR AMENDMENT TO SECTION 4.4.21, CF (COMMUNITY
FACILITIES DISTRICT)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to the Land Development
Regulations.
- The amendment involves changes to the CF (Community
Facilities) zoning district.
B A C K G R 0 U N D:
This item is associated with the amendment creating the OSR
(Open Space and Recreation) zoning district. The OSR District
is intended to be applied to outdoor oriented recreational
facilities such as golf courses, ballfields, and the like.
Concurrent with the creation of the OSR zone, both the CF and
the OS (Open Space) districts are being modified. For
additional background information, see the documentation
regarding the creation of the OSR district.
A N A L Y S I S
The amendment will delete from the CF District those uses which
will now be permitted under OSR zoning. Those uses include
recreation facilities such as golf courses, and city parks
having active outdoor components such as ballfields. The CF
District will continue to be applied to certain large scale
recreation centers such as the municipal tennis complex.
Another modification to the district would allow churches in the
CF zone as a principal use rather than a conditional use. This
change is appropriate in that churches currently have to go
through both a rezoning and conditional use process to establish
their facilities, followed by the site plan review process.
That level of review is excessive for this type of use--most of
the relevant issues can be addressed through the rezoning and
site plan processes.
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City Commission Documentation
LOR Amendment to the CF District
Page 2
Additional changes to the CF zoning involve the relaxation of
the district boundary requirements. Currently there is a set
requirement to provide a 10'-15' buffer along the front and side
streets. Additional requirements listed in Section 4.6.4,
Special District-Boundary Treatment state that when adjacent to
residential districts, the CF zoned property must provide a
minimum landscaped setback of 15', or must provide a 10' setback
and a wall or hedge. In some instances these requirements have
proven to be excessive given the type of development proposed.
A related amendment would delete the language in 4.6.4.
entirely. This amendment would replace it with language within
the CF zoning regulations itself which will allow for more
flexibility in the provision of these buffers and landscaped
treatment.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of April 18, 1994. The Board voted 7-0 to recommend
approval of the amendment to the CF District as attached.
R E COM MEN 0 E 0 ACT ION:
By motion, approve the amendment to Section 4.4.21, Community
Facilities District as attached.
Attachment:
* Ordinance by others
or ICCCP'LDR. DOC
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER PJV(
SUBJECT: AGENDA ITEM it /0 F - MEETING OF JUNE 21. 1994
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO.
33-94/LDR AMENDMENT TO SECTION 4.4.22. "OS (OPEN SPACE)
DISTRICT"
DATE: JUNE 17, 1994
This is second reading and public hearing for Ordinance No. 33-94
which amends the Open Space zoning district by clarifying its
purpose and intent and by amending the types of uses allowed
within the district. It is associated with the creation of the
OSR District in that this amendment deletes from the OS District
those uses which will now be permitted under OSR zoning,
including golf courses and city parks having active outdoor
components such as ballfields.
The OS District will continue to be applied to passive parks and
to the municipal beach. This amendment also provides
clarification as to the types of accessory uses that are
appropriate under Open Space zoning.
The Planning and Zoning Board formally reviewed this item on
April 18, 1994, and forwarded the proposed amendment to the
Commission with a unanimous recommendation for adoption. On June
7 I 1994, the Commission passed Ordinance No. 33-94 on first
reading by unanimous vote.
Recommend approval of Ordinance No. 33-94 on second and final
reading.
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ORDINANCE NO. 33-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.22, "OPEN
SPACE (OS) DISTRICT" , OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY
CLARIFYING PURPOSE AND INTENT OF THE DISTRICT, AND
AMENDING TYPES OF USES ALLOWED WITHIN THE ZONE
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
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WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of April 18,
I 1994, and, by unanimous vote, forwarded the change with a 1
I
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
I determined that the change is consistent with, and furthers the
objectives and policies of, the Comprehensive Plan.
I
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
II Section 1. That Chapter 4, "Zoning Regulations II , Article
!I 4.4, "Base Zoning District" , Section 4.4.22, "Open Space (OS)
District" , of the Land Development Regulations of the Code of
, Ordinances of the City of Delray Beach, Florida, be, and the same is
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hereby amended to read as follows:
I Section 4.4.22 Open Space (OS) District: i
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(A) Purpose and Intent: The Open Space (OS) Zone District
is established in order to most appropriately identify parcels of land
which are used primarily in an open space manner. J~t~~~t~/~~reated
to reflect some of the open space areas as shown on the Future Land
Use Map, the OS District ~_y/_~_~/~_ ~ applied to portions of land
development projects which are primarily open space in nature (e. g. ,
w~~t /~~~t___ /_~~ water bodies) and to other open s-pace areas.
including the municipal beach. which are normally not commercialized.
The OS District is deemed com'Qatible with all land use
I designations shown on the Future Land Use Map.
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Principal Uses and Structures Permitted: The following I
(B)
types of use, are allowed within the OS District as a permitted use:
( 1 ) Passive p1arks, public or private
(2 ) Water bodies and/or water management tracts within I
development projects. I
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( 3 ) Excess parcels located along the Interstate I
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I Highway System, canals, and similar parcels which should be retained I
I for open space and aesthetic purposes.
(4) ~~~t/~~~t___I/;~~~t~/~t/;tty_t_ I
I The municipal beach I
.Lll Drainage retention areas I
(C) Accessory Uses and Structures Allowed: The following
types of use are allowed when a part of, or accessory to, the
principal use:
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( 1 ) Parking lots
(2 ) Restrooms, rest areas. picnic facilities
( 3 ) Interpretative trails. j099in9 and exercise
courses
l~l//~~~t//~~~t__//~~~~~~~__I//;t~//_~~;I//~_t~t_~_~~_ I
~~t~~t~S. !
(~.i) Lifeguard stands, headquarters and necessary !
support facilities
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.Lll Maintenance facilities
ill Boat ramps
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(D) Conditional Uses and Structures Allowed: There are no
listed conditional uses in the OS District. If a use is so
contemplated, it may be more appropriate to seek CF District zoning.
(E) Review and Approval Process: The use of any land
within the OS District must be pursuant to a site and development plan
which has been approved by the Site Plan Review and Appearance Board
pursuant to Sections 2.4.5('), (H) and (I) , as appropriate.
- 2 - Ord. No. 33-94
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(F) Development, Supplemental, and Special Regulations:
All standards for the development and/or use of property zoned OS
shall be established pursuant to the site and development plan.
Section 2. That all ordinances or parts of ordinances which ;
are in conflict herewith are hereby repealed. !
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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 I
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decision shall not affect the validity of the remainder hereof as a I
whole or part thereof other than the part declared to be invalid.
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Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 21st day of June, 1994.
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ATTEST:
o ljLum~~J11/~ lJr;l'if
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First Reading June 7. 1994 I
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Second Reading June 2 1 . 1994 I
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- 3 - Ord. No. 33-94 I
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ORDINANCE NO. 33-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.22, "OPEN
SPACE (OS) DISTRICT" , OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY
CLARIFYING PURPOSE AND INTENT OF THE DISTRICT, AND
AMENDING TYPES OF USES ALLOWED WITHIN THE ZONE
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 its meeting of April 18,
1994, and, by unanimous vote, forwarded 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 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 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.22, "Open Space (OS) District", of
the Land Development Regulations of the Code of Ordinances of the City
of Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 4.4.22 Open Space (OS) District:
(A) Purpose and Intent: The Open Space (OS) Zone District is i
established in order to most appropriately identify parcels of land
which are used primarily in an open space manner. Alt~~~~*/tCreated to
reflect some of the open space areas as shown on the Future Land Use !
Map, the OS District ~.;/.l$~//~e is applied to portions of land .
development projects which are primarily open space in nature (e.g.,
i ~61t/t6nt$e$/.~4 water bodies) and to other open space areas, including
the municipal beach, which are normally not ~o have in~cftse use o~ :
I"'nmm~rl"'i ali:zatiolL CommELc.i~/":;2E4J .
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The OS District is deemed compatible with all land use ;
, designations shown on the Future Land Use Map. '
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~~~~ITY MANAGER
FROM: . DI OMIN , .
DIRECTOR OF PLANNIN
SUBJECT: MEETING OF JUNE 7, 1994
LDR AMENDMENT TO SECTION 4.4.22, OS (OPEN SPACE)
DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to the Land Development
Regulations.
The amendment involves changes to the OS (Open Space)
zoning district.
B A C K G R 0 U N D:
This item is associated with the amendment creating the OSR
(Open Space and Recreation) zoning district. The OSR District
is intended to be applied to outdoor oriented recreational
facilities such as golf courses, ballfields, and the like.
Concurrent with the creation of the OSR zone, both the OS and
the CF (Community Facilities) districts are being modified. For
additional background information, see the documentation
regarding the creation of the OSR district.
A N A L Y S I S
The amendment will delete from the OS District those uses which
will now be permitted under OSR zoning. Those uses include golf
courses and city parks having active facilities such as
ballfields. The OS zone will continue to be applied to passive
parks, including those with excercise and/or interpretive
trails, and to the municipal beach. This amendment also adds
language concerning allowable accessory uses, in order to
further clarify the types of activities that are appropriate in
the OS District.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of '\p~il 18, 1994. The original language in the
amendment would have deleted the use "parks" altogether, in
'.
City Commission Documentation
LDR Amendment to the OS District
Page 2
order that the zone be reserved specifically for passive open
space uses such as retention areas, water bodies, and the beach.
However, several residents in attendance at the meeting
expressed concerns over the potential commercialization of city
parks that were to be rezoned OSR. The suggestion was made that
the OS zoning be applied to passive parks such as Barwick, Lake
Ida, and ,the beach parks, and that the OSR be applied to parks
that have an active component such as ballfields.
After discussion, the Board voted 7-0 to recommend approval of
the amendment to the OS District as provided in the attached
ordinance.
R E COM MEN 0 E 0 ACT ION:
By motion, approve the amendment to Section 4.4.22, Open Space
District as attached.
Attachment:
* Ordinance by others
T.C::C::OISLDR.DOC
,
M E M 0 RAN 0 U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # /OG- y- MEETING OF JUNE 21. 1994
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NOS.
34-94 THROUGH 52-94/ REZONING VARIOUS RECREATIONAL/
PASSIVE FACILITIES TO OSR (OPEN SPACE AND RECREATION)
OR OS (OPEN SPACE)
DATE: JUNE 17, 1994
This is second reading and public hearing for nineteen ordinances
which rezone certain recreational or passive facilities
throughout the City to either OSR (Open Space and Recreation)
District or OS (Open Space) District. The affected properties
include golf courses (both public and private), parks (active and
passi ve) , recreation centers and the municipal cemetery. A
complete listing is attached to the staff report.
These rezonings are of a "housekeeping" nature and result from
the creation of the OSR (Open Space and Recreation) zoning
district. The properties being rezoned to OSR are currently
zoned either OS or CF (Community Facilities). The properties
being rezoned to OS are currently zoned CF.
The Planning and Zoning Board formally reviewed this item at
public hearing on April 18, 1994. A unanimous recommendation of
approval was forwarded to the Commission for all of the proposed
rezonings, with two exceptions. The Board voted to retain CF
zoning on the Catherine Strong Center (Ordinance No. 39-94) and
the Bucky Dent Baseball School (Ordinance No. 51-94) based on the
nature and extent of activities occurring at those locations.
However, both of these centers contain ballfields, which are
being eliminated from the CF district under the proposed
amendment, and would become nonconforming uses under CF zoning.
To avoid this, and because the activities at both facilities are
primarily recreation oriented, application of OSR zoning is the
most appropriate. Staff has incorporated language in the OSR
district which would accommodate temporary living quarters for
program participants as an accessory use. This makes the housing
at the Baseball School a conforming use.
On June 7, 1994, the Commission passed all of the nineteen
ordinances (#34-94 through #52-94) on first reading by unanimous
vote.
Recommend approval of Ordinance Nos. 34-94 through 52-94,
. inclusive, on second and final reading, based on positive
findings with respect to Chapter 3 (Performance Standards) of the
LDRs , policies of the Comprehensive Plan, and LOR Section
2.4.5(E)(5).
ref:agmemo13 O~,cd.. :IF 3 Lj 9 L/ 6-0
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ORDINANCE NO. 34-94 I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS DEL-AIRE GOLF COURSE, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM OS (OPEN SPACE) DISTRICT TO
OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND
BEING GENERALLY LOCATED SOUTH OF LINTON BOULEVARD, ON
THE EAST SIDE OF MILITARY TRAIL; AND AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE. I
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 OS (Open Space) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend approval of the
rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA. AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
! amended to reflect a zoning classification of OSR (Open Space and
:1 Recreation) District for the following described property:
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1 Tracts G and H, DEL-AIRE GOLF CLUB FIRST ADDITION, as
: recorded in Plat Book 37, Pages 163 through 166, of
II the Public Records of Palm Beach County, Florida; and
Tract M, DEL-AIRE GOLF CLUB SECOND ADDITION, as
I: recorded in Plat Book 39, Pages 66 and 67, of the
,I Public Records of Palm Beach County, Florida; and
I Tract C (less PB 39, Page 66) together with Tracts D
i and F, DEL-AIRE GOLF CLUB, as recorded in Plat Book
d 35, Pages 1 through 4, of the Public Records of Palm
ill Beach County, Florida (known as Del-Aire Golf
i Course) .
'! The subject property is generally located south of
:1 Linton Boulevard, on the east side of Military Trail;
I containing 200.27 acres, more or less.
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Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of ,
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Section 1 hereof. i
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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 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. 1
Section 5. That this ordinance shall become effective ten i
(10) days after its passage on second and final reading. !
PASSED AND ADOPTED in regular session on second and final I
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reading on this the 21st day of June , 1994. I
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ATTEST:
o.1,:vm '1!l1' ,hit r' IInJ4
~ty Cle k
First Reading June 7, 1994 I
June 21, 1994 i
Second Reading I
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- 2 - Ord. No. 34-94 I
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CITY OF DELRAY BEACH, FLORIDA
L-JO CNW.
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I..-.c! IDA ~
SW21T
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L-.1I CNW. C-15 CNW.
cny L.IIrI ----.....-.. CITY IN ITIA TED REZONINGS
os to OSR CF to os CF to OSR
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~ 1.0. DRD. (# 1.0. ORD. , 1.0. DRD. , 1.0. ORD. ,
1 34-14 5 31-14 1 1 44-14 15 48-84
N 2 3.5-14 7 400-84 12 45-84 17 50-94
;5 35-14 S 41-14 13 45-14 18 51-94
4 37-14 9 42-84 14 47-14 11 .52-94
CITY OF DEl.ftAy lKN:H. FL 5 J15-14 10 43-84 1.5 48-84
~ llEPMNENT
-- .:MllrT'AL .. *' I'tS7DI --
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CITY MANAGER
. FROM:
SUBJECT: MEETING OF JUNE 7, 1994
ORDINANCES 34-94 THRU 52-94, REZONING VARIOUS
RECREATIONAL FACILITIES TO OSR (OPEN SPACE AND
RECREATION) OR OS (OPEN SPACE)
ACTION REQUESTED OF THE COMMISSION: .. ... .
The action requested of the City Commission is that of
approval of the rezoning of nineteen recreational
facilities to OSR (Open Space and Recreation) or OS (Open
Space) . The properties being rezoned to OSR are now.
currently zoned either OS or CF (Community Facilities);
The properties being rezoned to OS are now currently zoned
CF.
The subject properties are located throughout the City, and
include both public and private recreational facilities.
B A C K G R 0 U N D:
These rezonings are of a "housekeeping" nature, and result from
the creation of the OSR zoning district. The OSR District is
intended to apply to active recreational facilities such as golf
courses and city parks having ballfields and other active
outdoor components. For additional background and analysis
regarding the creation of the OSR and the related rezonings, see
the attached Planning and Zoning Board staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of April 18, 1994. During the public hearing portion of
the meeting several residents expressed concerns about the need
to protect City parks from becoming commercialized. As
originally proposed, the OSR district would have been applied to
virtually all City parks, whether passive or active. The OS
district would have applied to water bodies, the municipal
beach, and areas that are intended for passive open space
purposes.
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City Commission Documentation
Rezoning of Various Parcels to OS or OSR
Page 2
As a result of the citizen comments, the Board voted to change
the OS district so that it would continue to apply to passive
parks such as the beach parks, and to parks that have jogging
trails and picni~ facilities but no ballfields.
As a result of these changes, many of the parcels that were
originally proposed to be rezoned from CF to OSR were
recommended to be rezoned OS instead. Also, at the request of
William Sned, the owner of the 36 acre parcel south of Lake Ida
Road and west of Davis road, the Board decided not to include
that property in the rezoning action. It will remain zoned CF.
The Board had also voted to keep the CF zoning on the Catherine
Strong Center and on the Bucky Dent baseball school. They felt
CF was more appropriate for those facilities because of the
nature and extent of the activities that are conducted at those
locations. They were particularly concerned about the
residential facilities at the Bucky Dent school. However, both
of these centers contain ballfields, which are being eliminated
in the changes proposed to the CF district. Also, the
activities at both facilities are primarily recreation oriented,
thus the OSR is the most appropriate zoning. Staff has proposed
a change to the OSR language which would accommodate temporary
living quarters for program participants as an accessory use.
This will make the housing at the Bucky Dent school a conforming
use.
The attached table lists the properties that are recommended for
rezoning to either OSR or os.
R E COM MEN D E D ACT ION:
By motion, approve the rezoning of nineteen parcels as provided
in the related ordinances.
Attachment:
* Table of subject properties and recommended zonings
* P&Z Staff Report & Documentation of April 18, 1994
* Ordinances by others
TICCREZOSR.DOC
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PLANNING AND ZONING BOARD STAFF REPORT
MEETING OF: APRIL 18, 1994
AGENDA ITEM: V.G. CHANGE OF ZONING FROM CF (COMMUNITY
F~CILITIES) AND OS (OPEN SPACE) TO OSR (OPEN
SPACE AND RECREATION) FOR VARIOUS RECREATIONAL
SITES
ITEM BEFORE THE BOARD
The item before the Board is that of rezoning several properties
throughout the City from OS (Open Space) or CF (Community
Facilities) to the newly created OSR (Open Space and Recreation)
District.
The subject properties include golf courses, parks, recreation
centers, and vacant land. The attached map and corresponding
list identifies the properties to be rezoned.
BACKGROUND
In February of 1993, the City Commission considered a
recommendation by the Planning and Zoning Board to make certain
changes to the CF zoning district. During its discussion on the
proposed amendment, the Commission noted that the CF zoning did
not seem to be appropriate for many of the uses permitted in the
district, such as ballfields, parks, and golf courses. The
Commission gave direction to create two districts: one that
would primarily accommodate services and institutions, and
another that would be more suited to outdoor recreational uses.
The resulting zoning district is the OSR, Open Space and
Recreation District. The OSR is intended to be applied to
outdoor recreational uses such as parks and golf courses, and
similar recreational facilities. Concurrent LDR amendments are
being processed to eliminate those uses from the CF (Community
Facilities) and OS (Open Space) districts.
It is appropriate that with the adoption of the OSR zoning
district, the zoning on the properties to which it was intended
to apply be changed.
PROJECT DESCRIPTION
The rezoning affects twenty (20) properties totalling
approximately 835 acres. All but five (5) of the sites are
publicly owned and operated. The sites include four (4) golf
courses, the municipal cemetery, eleven (11) park sites, one
privately owned vacant parcel, and three facilities that are
youth-recreation oriented (Boy Scout Hut, Bucky Dent, Catherine
Strong) . The golf courses are currently zoned OS, and the
remaining facilities and properties are currently zoned CF. All
are to be rezoned to OSR.
The attached list provides size and ownership information for
each of the properties.
v.G.
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P & Z Staff Report
Rezoning from CF and OS to OSR
Page 2
Z 0 N I N G A N A L Y S I S
REQUIRED FINDINGS (Chapter 3):
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 requested change is from OS and CF to OSR. As stated in the
Purpose and Intent statement of the OSR District Regulations,
OSR zoning is deemed to be compatible with all land use
designations shown on the Future Land Use Map. All of the uses
which currently exist on the subject properties will be
permitted uses in the OSR District.
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 level of service standard. established
within the Comprehensive Plan.
The change of zoning to OSR will reflect existing uses, and will
not have an impact on level of service standards.
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:
A) That rezoning to other than cr wi thin stable residential
areas shall be denied (Housing Element A-2.4).
Many of the subject properties are located within stable
residential areas, and are currently zoned either CF or OS. The
OSR zoning was created from those two districts, and includes
uses that were previously allowed in CF and OS. The permi t ted
uses, such as parks, golf courses, and cemeteries, are
appropriate in stable residential neighborhoods.
D. That the rezoning shall re.ult in allowing land u.es which
are deemed compatible with adjacent and nearby land uses
both exi.ting and proposed; or that if an incompatibility
may occur, that sufficient regulation. exist to properly
mitigate adverse impacts from the new use.
As noted above, the proposed OSR zoning includes uses that were
previously permitted in either the CF or OS districts, and will
reflect existing uses. Thus, a finding of compatibility can be
made.
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P & Z Staff Report
Rezoning from CF and OS to OSR
Page 3
LDR COMPLIANCE:
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 a 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 applicable reasons are "b" and "c" above. The amendments
proposed to the OS and CF zoning districts will delete many of
the uses currently in existence on the subject p~operties.
Unless the properties are rezoned to OSR, those uses will become
nonconforming. The OSR zoning is of a similar intensity as the
CF zoning district, and will be as appropriate for the
properties as the CF designation.
DevelOPment Standards
As currently provided in the OS zoning district, development
standards for properties zoned OSR shall be established pursuant
to the site and development plan. There are no specific
limitations as to setbacks, height, minimum open space
requirements, etc. , thus, the rezoning will not create
nonconformities with respect to those standards. All new uses
must be established through the site plan review process.
REV I E W B Y 0 THE R S
Notification of the rezoning has been provided to Palm Beach
County Parks & Recreation Department, Facilities Planning
Department, and Land Development Division; to the Hamlet,
Sherwood Park, and Del-Alre golf course operators; to the Falls
of Delray (Bucky Dent School), and to William Sned (owner of
vacant site west of Davis Road). Courtesy notices were also sent
to various community groups and homeowners associations
throughout the City. As many of the parcels are located in the
CRA district, the rezoning and text amendments were presented to
the CRA BO&'L'd. at its meeting of April 13, 1994. The Board
expressed no concerns.
.
P & Z Staff Report
Rezoning from CF and OS to OSR
Page 4
ASS E SSM E N T AND CON C L U S ION
The OSR zoning d~strict was created to specifically apply to the
types of recreational and outdoor uses that are currently in
place on the subject properties. With the creation of the OSR,
many of those uses are being deleted from the CF and OS zoning
districts. It is appropriate that the subject properties be
rezoned accordingly in order to reflect the desired changes.
A L T ERN A T I V E ACT ION S
A. Continue with direction.
B. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Chapter
3.3.2 (Compatibility), and that pursuant to Section
2.4.5(D)(5) the rezoning fails to fulfill at least one of
the reasons listed.
C. Recommend approval of the rezoning request based upon
positive findings with respect to Chapter 3 (Performance
standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and Section 2.4.5(E)(5).
S T A F F R E COM MEN D A T ION
Recommend approval of the rezoning request from OS (Open Space)
to OSR (Open Space and Recreation), and from CF (Community
Facilities) to OSR for the parcels identified in Appendix A
(attached), based upon positive findings with respect to Chapter
3 (Performance Standards) of the Land Development Regulations,
policies of the Comprehensive Plan, and Section 2.4.5(E)(5).
Attachments:
* Appendix A - Subject Properties Please Note: The att:.ac:hemants have oeen
* Appendix B - Location Map revised to reflect the properties that
are recCJllIl':!Xied for rezoning to either
CER or CS
Report prepared by: Diane Dominguez
TIOSRRB:Z.DOC
..
I
.
I
ORDINANCE NO. 35-94 I
I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF i
I
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND I
KNOWN AS THE HAMLET GOLF COURSE, AS MORE PARTICULARLY I
DESCRIBED HEREIN, FROM OS (OPEN SPACE) DISTRICT TO
OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND I
I
BEING GENERALLY LOCATED ON THE SOUTH SIDE OF ATLANTIC I
AVENUE, BETWEEN MILITARY TRAIL AND DOVER ROAD (IF j
EXTENDED); AND AMENDING "ZONING MAP OF DELRAY BEACH, I
I
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, I
A SAVING CLAUSE, AND AN EFFECTIVE DATE. I
I
WHEREAS, the property hereinafter described is shown on the I
I
Zoning District Map of the City of Delray Beach, Florida, dated I
I
April, 1994, as being zoned OS (Open Space) District; and I
I at its meeting of April IS, 1994, the Planning and I
WHEREAS,
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend approval of the
rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification. I
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I
I
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I
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 I
I
amended to reflect a zoning classification of OSR (Open Space and I
Recreation) District for the following described property:
, i
I
A parcel of land in Section 13 and Section 24,
Township 46 South, Range 42 East, known as The Hamlet
Golf & Tennis Club Golf Course, more particularly
described as follows:
That portion of the North Half (N 1/2) of Section 24,
Township 46 South, Range 42 East, lying east of State
Road S09 (Military Trail) , and north of the L-35
Canal Right-of-Way; LESS the following: The Plat of
BOUGAINVILLA, as recorded in Plat Book 32, Page 56,
Palm Beach County Public Records; the Plat of
FOXPOINTE, as recorded in Plat Book 32, Page 107,
Palm Beach County Public Records; the Plat of
LAKEWOODE - SECTION I, as recorded in Plat Book 33,
Page 103, Palm Beach County Public Records; the Plat
of LAKEWOODE - SECTION II, as recorded in Plat Book
.
.
I
33, Page 105, Palm Beach County Public Records; the i
Plat of EVERGREENE, as recorded in Plat Book 33, Page :
150, Palm Beach County Public Records; the Plat of
LAKEWOODE - SECTION III, as recorded in Plat Book 34,
Page 99, Palm Beach County Public Records; the Plat
of PINELAKE, as recorded in Plat Book 36, Page 165,
Palm Beach County Public Records; the Plat of THE
ESTATES, as recorded in Plat Book 38, Page 61, Palm
Beach County Public Records; the Plat of THE ESTATES
IV, as recorded in Plat Book 47, Page 76, Palm Beach
County Public Records; the Plat of FOX HOLLOW, as
recorded in Plat Book 47, Page 106, Palm Beach County
Public Records; the Plat of GREENSWARD VILLAGE
SUBDIVISION (also known as Greensward Village
Condominium #1 and Greensward Village Condominium
#2), as recorded in Plat Book 29, Page 186, Palm
Beach County Public Records; that portion of the plat
of SHERWOOD FOREST PLAT NO.1, as recorded in Plat
Book 62, Page 163, Palm Beach County Public Records,
lying in Section 24, Township 46 South, Range 42
East.
TOGETHER WITH:
That portion of the Southeast Quarter (SE 1/4) of
Section 13, Township 46 South, Range 42 East, bounded
on the North by State Road 806 (Atlantic Avenue), and
bounded on the West by the Plat of SHERWOOD FOREST
PLAT NO.1, as recorded in Plat Book 62, Page 163,
Palm Beach County Public Records, and bounded on the
East by the East Section Line of Section 13, Township
46 South, Range 42 East, and bounded on the South by
the South Section Line of Section 13, Township 46
South, Range 42 East; LESS the following: The Plat
of ARBORIDGE, as recorded in Plat Book 36, Page 132,
Palm Beach County Public Records; the Plat of THE
FAIRWAYS, as recorded in Plat Book 39, Page 62, Palm
Beach County Public Records; the Plat of THE ESTATES
II, as recorded in Plat Book 39, Page 97, Palm Beach
County Public Records; the Plat of THE ESTATES III,
as recorded in Plat Book 40, Page 64, Palm Beach
County Public Records; the Plat of KRAMER'S PLAT, as
recorded in Plat Book 64, Page 17, Palm Beach County
Public Records; the Plat of GREENSWARD VILLAGE
SUBDIVISION, as recorded in Plat Book 29, Page 186,
Palm Beach County Public Records.
,
1
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- 2 - Ord. No. 35-94 i
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._.._--_.~_.,----,-_._.._-----
The subject property is generally located on the
south side of Atlantic Avenue, between Military Trail
and Dover Road (if extended); containing 131.06
acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 21st day of June 1994.
,
~~
ATTEST:
(h, ~fTn fiJ1!:: . k J I ~ J.lcdJi( I
I
City C erk
First Reading June 7, 1994
Second Reading June 21, 1994
I
I
i
- 3 - Ord. No. 35-94 I
.
CITY OF DELRAY BEACH, FLORIDA
L.-JO CNW..
._._-..._._._a_._.~_._t_._._" . .
LN<! 10. ~
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CITY LUIS ...-....-- CITY IN ITIA TED REZONINGS
os to OSR CF to os CF to OSR
I wu: ,
I
SCM.l 1.0. ORO. , I.D. ORD. , I.D. ORD. , 1.0. ORD. ,
1 34-a,. 5 39-9" 1 1 ....- a,. 15 4g-9"
N 2 3.5-a4 7 4-0-'" 12 45-'" 17 50-94
3 38-a,. 8 41-84 13 45-a,. 18 S1-94
4 37-84 9 42-84 14 47-a4 19 .52-94
CITY fJ' !lE1N.y KACH. Fl 5 31!l-a,. 10 43-94 1.5 4-8-84
~ llIPMNENT
- D/IlfrAL .. 11M' SYS7Df --
.
.
! ORDINANCE NO. 36-94 !
. I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS SHERWOOD PARK GOLF COURSE, AS MORE I
PARTICULARLY DESCRIBED HEREIN, FROM OS (OPEN SPACE) !
DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT;
SAID LAND BEING GENERALLY LOCATED ON THE SOUTH SIDE
OF ATLANTIC AVENUE, BETWEEN WHATLEY ROAD AND THE
HAMLET SUBDIVISION; AND AMENDING "ZONING MAP OF
. DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL
I
, REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
I
WHEREAS, the property hereinafter described is shown on the i
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned OS (Open Space) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend approval of the
rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification. I
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
Tracts G-3 and G-4, SHERWOOD FOREST PLAT 1, as
recorded in Plat Book 62, Pages 163 through 168, of
the Public Records of Palm Beach County, Florida I
(known as Sherwood Park Golf Course) .
I
The subject property is generally located on the I
south side of Atlantic Avenue, between Whatley Road I
and The Hamlet Subdivision; containing 37.31 acres, I
more or less. I
I
I
I
i
I
I
I
I
!
.
.
-
- - -"-""." ___..,. "__ _u',
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
I
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 21st day of June , 1994.
~~
,/ M A Y&"R
ATTEST:
0., J ~ flJ1r; k~ Jlfl-'iv
Clty erk
First Reading June 7, 1994
Second Reading June 21, 1994
I
,
I
I
I
I
I
- 2 - Ord. No. 36-94
i
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.
. ,.
CITY OF DELRAY BEACH. FLORIDA
L-JO CNlAI.
._._....._"_._._._.~_._._._.-... ...
l...-.cI 0. ACW)
f
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crrr LIlTS ---.- CllY IN ITIA TED REZONINGS
os to OSR CF to os CF to OSR
I WI.! I
.
SCM.L 1.0. ORD. * 1.0. ORD. f I.D. ORD. , 1.0. ORD. ,
1 34-8<4 & 38-84 " 4<4- 84 1& 48-8<4
N 2 3S-8. 7 400-84 12 45-'. 17 50-'.
3 3&-8<4 5 41-g4 13 4&-84 18 S1-84
... 37-84 9 4.2-94 14 47-'4 18 S2-84
CITY ", DEI..ftA'( ~ Fl S 35-84 10 43-94 1S 48-84
fILNilI..c DEPMNENT
- QlflrAL .. "'" IYr1DI --
.
.
.
..--
ORDINANCE NO. 37-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS THE DELRAY BEACH MUNICIPAL GOLF COURSE, AS
MORE PARTICULARLY DESCRIBED HEREIN, FROM OS (OPEN
SPACE) DISTRICT TO OSR (OPEN SPACE AND RECREATION)
DISTRICT; SAID LAND BEING GENERALLY LOCATED ON THE
SOUTH SIDE OF ATLANTIC AVENUE, EAST OF HOMEWOOD
BOULEVARD; AND AMENDING IIZ0NING MAP OF DELRAY BEACH,
FLORIDA, 199411; PROVIDING A GENERAL REPEALER CLAUSE,
, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
I
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 OS (Open Space) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend approval of the
rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
A parcel of land in Section 18 and Section 19,
Township 46 South, Range 43 East, known as the
Delray Beach Municipal Golf Course, more
particularly described as follows:
That part of the North Half (N 1/2) of Section 19,
Township 46 South, Range 43 East, lying west of the
west right-of-way line of the E-4 Canal, and east of
the east right-of-way line of Homewood Boulevard;
LESS the following: The Plat of FAIRWAYS OF DELRAY,
as recorded in Plat Book 54, Page 160, Palm Beach
County Public Records; the Plat of HOMEWOOD PARK, as
recorded in Plat Book 27, Page 81, Palm Beach County
Public Records; the Plat of HOMEWOOD PARK REPLAT, as
recorded in Plat Book 29, Page 13, Palm Beach County
I
. I
.
.
.--
Public Records; that portion of GOLFVIEW ESTATES as
recorded in Plat Book 24, Page 50, Palm Beach County
Public Records, lying in Section 19, Township 46
South, Range 43 East, Palm Beach County, Florida.
TOGETHER WITH:
That portion of the West Half (W 1/2) of the i
Northeast Quarter (NE 1/4) of Section 19, Township i
I
46 South, Range 43 East, lying east of the west
, right-of-way line of the E-4 Canal; LESS the
i
following: The Plat of REPLAT OF CONGRESS PARK
SOUTH, as recorded in Plat Book 71, Pages 190 and
191, Palm Beach County Public Records.
i TOGETHER WITH:
That portion of the South Half (S 1/2) of Section
18, Township 46 South, Range 43 East, lying south of
State Road 806 (Atlantic Avenue), and lying west of
the east right-of-way line of the E-4 Canal, and
lying east of the Plat of GOLFVIEW ESTATES, as
recorded in Plat Book 24, Page 50, Palm Beach County
Public Records; LESS the following: The North
114.91 feet of the West 97 feet.
The subject property is generally located on the
south side of Atlantic Avenue, east of Homewood
Boulevard; containing 147.67 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this 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. I
I
Section 5. That this ordinance shall become effective ten
(0) days after its passage on second and final reading. ;
I
- 2 - Ord. No. 37-94 I
!
.
.
.
PASSED AND ADOPTED in regular session on second and final
reading on this the 21st day of June I 1994.
~~
ATTEST:
a!lNm Y!JJI'J 111 ~ !/OJ*
City Cl k
First Reading June 7, 1994
Second Reading June 21, 1994
- 3 - Ord. No. 37-94 I
I
. I
.
. ,
CITY OF DELRAY BEACH. FLORIDA
L-JQ CNW. I
.-.-.....-.....-.-.......-.-........ ...
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i I.NC! IDofo R(W)
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L-3I CNW. C-15 CNW.
aTY LM'IS ...--.-.. C In' IN ITIA TED REZONINGS
os to OSR CF to os CF to OSR
I WI.! I
I
SCAl 1.0. ORO. (# 1.0. ORD. , 1.0. ORO. , 1.0. ORO. ,
1 34-804 & 38-1104 " #-804 1e 411-804
N 2 3S-84 7 40-84 12 45-84 17 50-84
:5 .1e-804 8 41-114 13 4&-804 18 51-114
- 4 37-114 9 42-114 14 47-114 l' 52-94
CITY OIF DEl..RAY KN::H. Fl. 5 38-904 10 43-114 1S 40!-904
PI.NINNO DEPMNINT
-- ACWrM. ... ~ ",."., --
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, ,.. ._.~"_._--~ --,-. --- .,~"
ORDINANCE NO. 38-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS BARWICK PARK, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM CF (COMMUNITY FACILITIES)
DISTRICT TO OS (OPEN SPACE) DISTRICT; SAID LAND
BEING GENERALLY LOCATED AT THE NORTHEAST CORNER OF
LAKE IDA ROAD AND BARWICK ROAD; AND AMENDING
" ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
I
I
WHEREAS, the property hereinafter described is shown on
the Zoning District Map of the City of Delray Beach, Florida,
dated April, 1994, as being zoned CF (Community Facilities) i
District; and I
:1 i
!
WHEREAS, at its meeting of April 18, 1994, the Planning I
and Zoning Board for the City of Delray Beach, as Local Planning 1
: Agency, reviewed this item and voted unanimously to recommend i
, approval of the rezoning, based upon positive findings; and
,
I WHEREAS, it is appropriate that the Zoning District Map 1
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 i
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 OS (Open
Space) District for the following described property:
A portion of Section 12, Township 46 South, Range
42 East, more particularly described as follows:
Commencing at the center of said Section 12,
Township 46 South, Range 42 East, Palm Beach
County, Florida; thence run South 00 degrees 55'
16" East, 605.91 feet along the West line of the I
i Southeast Quarter (SE 1/4) of said Section 12, to a
,
,
point; thence run North 89 degrees 04' 44" East,
40.00 feet to the Point of Beginning; thence run
South 79 degrees 49' 09" East, 189.81 feet to a
point; thence run North 89 degrees 04' 4411 East,
290.78 feet to a point; thence run South 39 degrees
00' 15" East, 179.35 feet to a point; thence run
; South 55 degrees 15' 56" East, 214.03 feet to a
point; thence run South 00 degrees 06' 41" East,
387.~3 feet to a point Qf the intersection with the
i
.
.
.
._.,~ - -. -
north right-of-way line of the 80.00 foot wide
right-of-way for Lake Ida Roadj thence run South 89
degrees 53' 19" West, 591.35 feet along said
right-of-way line to a pointj thence run North 00
degrees 06' 41" West, 125.05 feet to the point of
intersection with a curve concave to the Northeast,
having a radius of 75.00 feet, a central angle of
75 degrees 46' 24", and a chord bearing of North 38
degrees 48' 28" Westj thence run 99.19 feet along
the arc of said curve to a point of tangencYj
thence run North 00 degrees 55' 16" West, 14.60 feet
to a pointj thence run South 89 degrees 04' 44" West,
110.00 feet to a pointj thence run North 00 degrees
55' 16" West, 469.29 feet along a line 40.00 feet
east of and parallel with the west line of said
Southeast Quarter (SE 1/4) to the Point of Beginning
(known as Barwick Park).
The subject property is generally located at the
northeast corner of Lake Ida Road and Barwick Roadj
containing 9.68 acres, more or less.
Section 2. That the Planning Director of said City
shall, upon the effective date of this ordinance, amend the Zoning
Map of the City of Delray Beach, Florida, to conform with the
provisions of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word
i 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
ten (10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the 21st day of ~~4'
AW~T: . Ii I/o ~ MAY R
uvrn'-il}p~ - ,( ~ L
. City C rk .
First Reading June 7, 1994
Second Reading ~l1np 71 1qq4
- 2 - Ord. No. 38-94
.
,
CITY OF DELRAY BEACH. FLORIDA
LN<I IDIo RCW)
SW2sr
~
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. .
\.-.>> CAIW. C-1S CNW.
CITY \.UI'S ---........ CllY IN ITIA TED REZONINGS
os to OSR CF to os CF to OSR
I wu: I
I
~ 1.0. ORD. , 1.0. ORD. , f.D. ORO. , J.D. ORD. ,
1 34-11" e 39-9" 11 ....-11.. 11 411-11"
N 2 3.5 -114 7 40-14 12 45-14 17 50-14
3 38-11" 8 41-14 13 48-11" 18 51-114
4 37-14 9 42-114 14 47-14 11 52-9"
CITY ~ DELMY' KACH. FI. 5 38-94 10 43-114 15 4a- 14
P\.NNNQ DEPMNENT
- D/fIT'M. ... ",., SW7Dt --
.
.
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--
ORDINANCE NO. 39-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS THE Cl\THERINE STRONG CENTER, AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM CF (COMMUNITY i
FACILITIES) DISTRICT TO OSR (OPEN SPACE AND I
I
RECREATION) DISTRICT; SAID LAND BEING GENERALLY I
i LOCATED ON THE EAST SIDE OF S.W. 17TH AVENUE, BETWEEN ,
I I
S.W. 6TH STREET AND S. W. 7TH STREET; AND AMENDING ,
I
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; I
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, I
AND AN EFFECTIVE DATE.
r
WHEREAS, the property hereinafter described is shown on the I
1
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and i
I
WHEREAS, at its meeting of April 18, 1994, the Planning and
I
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend that the I
I
proposed change in zone district not be adopted; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the change is not inconsistent with the I
Comprehensive Plan, 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
reflect the revised zoning classification. I
I
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I
, CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
i
I
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
i amended to reflect a zoning classification of OSR (Open Space and
I Recreation) District for the following described property:
I
I The West Half (W 1/2) of Lot 18, of the Subdivision
I
I
I of Section 20, Township 46 South, Range 43 East,
! as
I recorded in Plat Book 1, Page 4, of the Public
Records of Palm Beach County, Florida (known as the
I Catherine Strong Center) .
The subject property is generally located on the
.j east side of S. W. 17th Avenue, between S.W. 6th
il Street and S.W. 7th Street; containing 10.00
'I acres,
,I more or less.
;1
:1
'I
I
I
I
,
~.._--,
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be I
i declared by a court of competent jurisdiction to be invalid, such
! decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
I Section 5. That this ordinance shall become effective ten
I
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 21st day of June , 1994. I
14f~
ATTEST:
() 1"lJtrn'ff{fJ~Ji utp /lazhf
ity Cle k
First Reading June 7, 1994
Second Reading June 21, 1994
!
i
il
I.
:1
I
:1
I
j - 2 - Ord. No. 39-94
I
:j
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\
. I
CI1Y OF DELRAY BEACH, FLORIDA
tN<I IDl' ACWl
,
,
;
I ,
I
i
~
. -..-:.......
L-a CMllL C-'5 CNW.
CITY &.MIS -----...... CITY IN ITIA TED REZONINGS
os to OSR CF to os CF to OSR
I wu I
.
~ 1.0. ORD. (I 1.0. ORD. f 1.0. ORO. , 1.0. ORD. ,
1 34-114 8 311-14 11 44-1114 18 411-114
N 2 3.5-1114 7 40-14 12 46-1114 17 SO-94
.3 38-114 8 41-84 13 48-1114 18 .51-94
4 37-;4 9 42-a4 14 47-1114 1; ~2-94
CITY aF DELRAY ~ FI.. 5 38-;4 10 43-a4 1.5 48-a4
~ DlPMNENT
- DII1f1'M. ...,.. ".".., --
.
i !
I ORDINANCE NO. 40-94
I
I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND I
KNOWN AS THE DELRAY BEACH MUNICIPAL CEMETERY, AS I
MORE PARTICULARLY DESCRIBED HEREIN, FROM CF
(COMMUNITY FACILITIES) DISTRICT TO OSR (OPEN SPACE
I
AND RECREATION) DISTRICT; SAID LAND BEING GENERALLY !
LOCATED ON THE WEST SIDE OF S.W. 8TH AVENUE, BETWEEN i
,
S.W. 6TH STREET AND S.W. 10TH STREET; AND AMENDING !
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
I WHEREAS, the property hereinafter described is shown on the
I
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
i 1
the Planning and I
I WHEREAS, at its meeting of April 18, 1994, I
Zoning Board for the City of Delray Beach, as Local Planning Agency,
,I reviewed this item and voted unanimously to recommend approval of the I
rezoning, based upon positive findings; and
1
I I
'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 reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby I
'I amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
;'
Blocks 1 through 6, inclusive, and Block 17, DELRAY
BEACH CEMETERY, as recorded in Plat Book 24, Page
77, of the Public Records of Palm Beach County,
I Florida; and Blocks 7 through 11, inclusive, REPLAT
i OF DELRAY BEACH CEMETERY, as recorded in Plat Book
I 28, Page 68, of the Public Records of Palm Beach
11 County, Florida; and all of the PLAT OF PINE RIDGE
II CEMETERY UNIT B, as recorded in Plat Book 31, Page
! 189, of the Public Records of Palm Beach County,
Florida; and all of the PLAT OF PINE RIDGE CEMETERY
i UNIT C, as recorded in Plat Book 65, Page 11, of the
Public Records of Palm Beach County, Florida; and
all of the PLAT OF DELRAY BEACH CEMETERY REPLAT, as I
recorded in Plat Book 31, Page 89, of the Public I
Records of Palm Beach County, Florida; and the East I
I
I
I
.
.
. _._-------~----_._._--~_._._~
Half (E 1/2) of Lot 28, Subdivision of Section 20,
Township 46 South, Range 43 East, as recorded in
Plat Book 1, Page 4, of the Public Records of Palm
Beach County, Florida; and the East Half (E 1/2) of
Lot 26, Subdivision of Section 20, Township 46
South, Range 43 East (less Auburn Trace at Plat Book
64, Page 184), as recorded in Plat Book 1, Page 4,
of the Public Records of Palm Beach County, Florida i
(known as the Delray Beach Municipal Cemetery). I
, The subject property is generally located on the j
west side of S. W. 8th Avenue, between S. W. 6th I
Street and S.W. 10th Street; containing 30.07 acres, I
more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
,
I
! Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
,
I Section 4. That should any section or provision of this
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 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 21st day of June , 1994.
ATTEST: ~~
() 11'NrrJ 'ifJ!l!' ,.11,) f.r Jj~ tv
CJ.ty Cle k
First Reading June 7, 1994
Second Reading June 21, 1994
- 2 - Ord. No. 40-94
CITY OF DELRAY BEACH, FLORIDA
L-JO CNW..
._._.-.._._._._.~...._._.-._.-....
~ IDA R(W)
I
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CITY IN ITIA TED REZONINGS
CITY LMrS ---.---
os to OSR CF to os CF to OSR
I YU I
.
~ 1.0. ORD.. f# 1.0. ORD. , 1.0. ORD. , 1.0. ORD. ,
1 34-84 e 39-94 11 44-94 1e 4&-94
N 2 35-94 7 4-0-94 12 ~5-g4 17 50-94
3 31-84 II 41-U 13 48-84 III 51-94
.. 37-94 9 ~2-94 14 47-94 '9 !l2-94
CITY OF llEI.M'f KACH. F\. 5 38-94 10 43-94 15 48-94
PWNNC llPNI1\IDIT
- Dltn'M. _,.., S'tS'fDI --
.
.
.
.-- - --<< -- -
ORDINANCE NO. 41-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS POMPEY PARK, AS MORE PARTICULARLY DESCRIBED
HEREIN, FROM CF (COMMUNITY FACILITIES) DISTRICT TO
OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND
BEING GENERALLY LOCATED ON THE NORTH SIDE OF N.W. 2ND
STREET, BETWEEN N.W. 10TH AVENUE AND N.W. 13TH
AVENUE; AND AMENDING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend approval of the
rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
The South Half (S 1/2) of the Southwest Quarter (SW
1/4) of the Northeast Quarter (NE 1/4) of the
Northwest Quarter (NW 1/4) (less East 25 feet road
right-of-way) of Section 17, Township 46 South, Range
43 East; and the North Half (N 1/2) of the Southwest
Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of
the Northwest Quarter (NW 1/4) of Section 17,
Township 46 South, Range 43 East; and the East Half
(E 1/2) of the Southeast Quarter (SE 1/4) of the
Northwest Quarter (NW 1/4) of the Northwest Quarter
(NW 1/4) of Section 17, Township 46 South, Range 43
East (less West 25 feet, South 25 feet and North 25
feet street right-of-way) (known as Pompey Park) . I
I
I
I
I
.
.
> -
--
--------..---....... ----.-,...-
The subject property is generally located on the I
I
nor.th side of N.W. 2nd Street, between N.W. 10th ;
Avenue and N.W. 13th Avenue; containing 14.00 acres,
more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
i conflict herewith be, and the same are hereby repealed.
I
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
i whole or part thereof other than the part declared to be invalid.
I
I
I Section 5. That this ordinance shall become effective ten
i
! (10) days after its passage on second and final reading.
i PASSED AND ADOPTED in regular session on second and final
reading on this the 21st day of June , 1994.
~~
ATTEST:
() /('iUJIJ flJJL'J Jtil5/f J!D-<~
City Cl k
First Reading June 7, 1994
Second Reading June 21, 1994
- 2 - Ord. No. 41-94
.
. ' ~
CITY OF DELRAY BEACH. FLORIDA
L-JO CNlAL
lNC! IDA ACW)
i
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!
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~
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I
I
~
~
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1.-'>> CNW. C-U CNW.
CI'I'Y tJMII'I, ------- CllY IN ITIA TED REZONINGS
os to OSR CF to os CF to OSR
I wu J
I
SCML 1.0. ORo. , 1.0. ORD. , 1.0. ORo. , 1.0. ORo. I
1 34-84 8 38-84 11 44-84 18 48-i4
N 2 3.5-84 7 40-14 12 45-14 17 50-84
3 38-84 8 41-84 13 48-14 18 .51 -94
4 37-;4 9 42-1.4 '" 47-84 18 ~2-84
CITY ~ DELM'f IH::ACH. FL 5 38-84 10 43-14 1" 48-84
fIUINNtG DEJlMNINT
- D/fI1'AL _ "'" SW1DI --
.
.
.
FAILED ON SECOND/FINAL READING - 6/21/94
I
i 42-94
I ORDINANCE NO.
i
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS LAKE IDA PARK, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM CF (COMMUNITY FACILITIES)
DISTRICT TO OS (OPEN SPACE) DISTRICT; SAID LAND
BEING GENERALLY LOCATED AT THE NORTHEAST CORNER OF
INTERSTATE-95 AND LAKE IDA ROAD; AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend approval of the
rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OS (Open Space) District
for the following described property:
That part of Section 8, Township 46 South, Range 43
East, lying east of Interstate-95 right-of-way,
north of Lake Ida Road, west of Lake Ida, northwest I
of the E-4 Canal, and south of Lateral 30, LWDD
Canal ( extended) ; known as Lake Ida Park.
The subject property is generally located at the
northeast corner of Interstate-95 and Lake Ida Road;
containing 46.51 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
FAILED ON SECOND/FINAL READING - 6/21/94
,
.
. .
FAILED ON SECOND/FINAL READING - 6/21/94
_.-
i I
i
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this I
ordinance or any portion thereof, .any paragraph, sentence, or word be I
declared by a court of competent jurisdiction to be invalid, such
, decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAYOR
ATTEST:
City Clerk
First Reading June 7, 1994 ,
I
Second Reading
I
I
I
I
I
1 I
I
I
1
:1
I
I
I
,!
jl
:1
I
:1 - 2 - Ord. No. 42-94
:1
FAILED ON SECOND/FINAL READING - 6/21/94 I
I
. I
- < .
CITY OF DELRA Y BEACH. FLORIDA
L-JO CNW.
.-.-.....-.....-.-........-.... . ..
l.NCI IDo\ ~
SW21l'
W
,
I
I
'"
I
...
..-
"'__ c:MM. C-1S CNW.
CITY LMI'I ---'-'" CITY IN ITIA TED REZONINGS
os to OSR CF to os CF to OSR
I wu J
I
SCM& 1.0. ORD. , 1.0. ORD. , 1.0. ORD. , 1.0. ORD. ,
1 34-84 S 38-84 11 ....-.. 11 48-84
N 2 3S-84 7 400-84 12 46-14 17 50-14
J .31-84 e .'-1. 13 .,-.. 18 51-14
- 4 37-84 9 42-14 14 47-14 " ~2-14
CIrY (7 llEI.Ml' KH:H. II\. S JIS-84 10 43-14 IS 48-84
I'I.MNNa ~NmDT
- lM'nIt .. "'" IW'fDI --
.
., ORDINANCE NO. 43-94 I
,
,
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND I
AS LAKE IDA PARK (AT LAKE DRIVE) , AS MORE I
KNOWN
PARTICULARLY DESCRIBED HEREIN, FROM CF (COMMUNITY
FACILITIES) DISTRICT TO OS (OPEN SPACE) DISTRICT;
SAID LAND BEING GENERALLY LOCATED ON THE WEST SIDE
OF LAKE DRIVE, NORTH OF DENVER ROAD; AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE. i
I
I the property hereinafter described is shown on the
WHEREAS,
Zoning District Map of the City of Delray Beach, Florida, dated i
April, 1994, as being zoned CF (Community Facilities) District; and i
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
! reviewed this item and voted unanimously to recommend approval of the
j rezoning, based upon positive findings; and I
I I
!
, it is appropriate that the Zoning District Map of I
, WHEREAS, I
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 That I
1. 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 OS (Open Space)
District for the following described property: I
,
The West Quarter (W 1/4) of Lot 1, according to the
Plat of Subdivision of Section 8 on file in Plat
Book 1, Page 4, of the Public Records of Palm Beach
County, Florida, lying east of Lake Ida, west of
Lake Drive, south of N.W. 12th Street, and north of
the centerline of N.W. 11th Street ( extended) ; known
as Lake Ida Park (at Lake Drive).
The subject property is generally located on the
west side of Lake Drive, north of Denver Road;
containing 2.63 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of
the City of Delray Beach, Florida, to conform with the provisions of I
I
Section 1 hereof.
.
.
Section 3. That all ordinances or parts of ordinances in I
I
conflict herewith be, and the same are hereby repealed. I
Section 4. That should any section or provision of this I
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such I
I
decision shall not affect the validity of the remainder hereof I
as a I
I
whole or part thereof other than the part declared to be invalid. I
I
Section 5. That this ordinance shall become effective ten I
(10) days after its passage on second and final reading. I
I
PASSED AND ADOPTED in regular session on second and final I
I
reading on this the 21st day of June 1994. I
, 1
~~ I
I
I
I
I
ATTEST: I
o 11'/.)L5/) il)Q~J Jt i , r J-/ru.* I
I
I
City Cl rk I
First Reading June 7, 1994 I
I
Second Reading June 21, 1994 I
I
I
I
i
I
i
I
I
I
- 2 - Ord. No. 43-94
I
I
;1
'I
I
I
!
.
CITY OF DELRAY BEACH. FLORIDA
L-JO CNW.
.-.-----...-.-.-....-...-....... ....
l...a! IDA AlW)
SW21f ,
I
I I
I
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i I
'"
I
...
..-
l-3a CMIlL C-, Ii CMIlL
an LMI'I --....- CITY IN ITIA TED REZONINGS
os to OSR CF to os CF to OSR
I wu J
I
~ 1.0. ORO. , 1.0. ORD. , 1.0. ORO. , 1.0. ORD. ,
1 34-g4 5 38-14 1 t 44-84 . 18 41-g4
N 2 35-g4 7 ...0-14 12 45-14 17 5O-g4
3 38-g4 8 41-g4 13 48-84 18 51-g4
- 4 37-g4 9 42-;4 14 47-g4 '8 52-g4
CITY ~ 0ELftA1' KACH. F1. 5 38-14 10 43-14 l' 4-8-14
Pl..AMNNQ DEPMnIINT
-- CMWTAL ... ~ .",., --
.
.
~
~,.__._-.._._...
I ORDINANCE NO. 44-94
I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS THE BOY SCOUT HUT PROPERTY, AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM CF (COMMUNITY
FACILITIES) DISTRICT TO OSR (OPEN SPACE AND
RECREATION) DISTRICT; SAID LAND BEING GENERALLY
LOCATED ON THE NORTH SIDE OF LAKE IDA ROAD, BETWEEN
N.W. 3RD AND 6TH AVENUES ( EXTENDED) ; AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, I
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated i
.
April, 1994, as being zoned CF (Community Facilities) District; and I
I
I
WHEREAS, at its meeting of April 18, 1994, the Planning and I
,
Zoning Board for the City of Delray Beach, as Local Planning Agency, i
reviewed this item and voted unanimously to recommend approval of the
! rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
That part of the East Half (E 1/2) of the South Half
(S 1/2) of Lot 5, Subdivision of Section 8, Township
46 South, Range 43 East, Palm Beach County, Florida,
lying north of Lake Ida Road right-of-way; and the
South Half (S 1/2) of the West Half (W 1/2) of Lot
12, a Subdivision of Section 8, Township 46 South,
Range 43 East, Palm Beach County, Florida (less east
294 feet and south 40 feet), all as recorded in Plat
Book 1, Pages 3 and 4, Public Records of Palm Beach
County, Florida; known as the Boy Scout Hut
property.
.
.
- -
- -,,,".. ,." .-.,_.__.._.~._.,._....- ----.--.--..--
i
The subject property is generally located on the i
north side of Lake Ida Road, between N.W. 3rd and
6th Avenues (extended)j containing 5.07 acres, more
or less.
i
Section 2. That the Planning Director of said City shall, :
,
,
the effective date of this ordinance, amend the Zoning Map of ,
upon
the City of Delray Beach, Florida, to conform with the provisions of I
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in i
1
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. I
Section 5. That this ordinance shall become effective ten I
!
(10 ) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 21st day of June , 1994.
ATTEST: ~~
(h~ i'!J1r..)IJ.1 zn!/() ,i:y
City Cl rk
First Reading June 7, 1994
Second Reading June 21, 1994
,
!
- 2 - Ord. No. 44-94
.
CllY OF DELRAY BEACH. FLORIDA
l.-JO CNW.
lJlIC! lDo\ RO..o
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l.... CMM. e-15 CAML
aTY LMI'I ....--......... CllY IN ITIA TED REZONINGS
os to OSR CF to os CF' to OSR
I wu I
I
~ 1.0. ORD. (# 1.0. ORD. , 1.0. ORD. , t.D. ORD. ,
1 34-84 5 38-84 " 44-84 ., 5 4C1-84
N 2 35-94 7 4-0-94 12 45-94 17 SO-94
::5 35-84 a 41-84 13 ~5-84 '8 5' -94
4 37-84 9 42-114 14 47-84 19 52-94
Cl1Y M DELRAY KACH. FL 5 ::sa-i4 '0 43-84 15 48-i4
I'UHNHQ DlPNI'NDIT
~ DlWT"M. .. "'" ~ --
.
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ORDINANCE NO. 45-94 I
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 1
DEL RAY BEACH, FLORIDA, REZONING A PARCEL OF LAND I
KNOWN AS PIONEER PARK, AS MORE PARTICULARLY DESCRIBED I
HEREIN, FROM CF (COMMUNITY FACILITIES) DISTRICT TO OS !
,
(OPEN SPACE) DISTRICT; SAID LAND BEING GENERALLY
LOCATED NORTH OF S.E. 10TH STREET, WEST OF THE
RAILWAY RIGHT-OF-WAY; AND AMENDING "ZONING MAP OF
DEL RAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend approval of the
rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OS (Open Space) District
for the following described property:
The West Half (W 1/2) of Lot 4, West of Railway,
Block I (less road right-of-way), Subdivision of
Model Land Company, as recorded in Plat Book 1, Page
128, of the Public Records of Palm Beach County,
Florida (known as Pioneer Park) .
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:1 The subject property is generally located north of
'I S.E. 10th Street, west of the Railway right-of-way;
'I containing 1.5 acres, more or less.
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Section 2. That the Planning Director of said City shall, j
I
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
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 21st day of June , 1994.
~,~
" MA y~
ATTEST:
! (J /, Mn 'rrlr~ Ju '(C7 //nJi;
! ity Cle k
First Reading June 7, 1994
Second Reading June 21, 1994
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- 2 - Ord. No. 45-94
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CllY OF DELRAY BEACH. FLORIDA
L-3D CNW.
....-.....-.-.-.-.-....-.-.-....
I.-.c! lDo\ ROo\D
SW21T
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III
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1.-31 CNW. C-15 CNW.
crrr LJII'IS ---...-... CITY IN ITIA TED REZONINGS
os to OSR CF to os CF to OSR
I wu I
I
SCAL& 1.0. ORo. , 1.0. ORD. , 1.0. ORO. , 1.0. ORO. ,
1 34-11.. 8 311-11" 11 ....-11.. . 18 411-11"
N 2 JS-1I4 7 40-114 12 45-g4 17 5O-g4
.3 38-11" 8 41-114 13 48-11" 18 S1-114
4 37-9" 9 42-11<4 14 47-g4 11 S2-9<4
CITY OF DE!A\Y lEACH. F\. S 38-9" 10 43-114 1S 48- 9<4
~ DEJ'NITWNT
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ORDINANCE NO. 46-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS MERRITT PARK, AS MORE PARTICULARLY DESCRIBED
HEREIN, FROM CF (COMMUNITY FACILITIES) DISTRICT TO
OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND
BEING GENERALLY LOCATED ON THE NORTH SIDE OF S.W. 4TH
STREET, BETWEEN S. W. 2ND AND 3RD AVENUES; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend approval of the
rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
All of Block 48, TOWN OF DELRAY, as recorded in Plat
Book 1, Page 3, of the Public Records of Palm Beach
County, Florida (known as Merritt Park) .
The subject property is generally located on the
north side of S.W. 4th Street, between S.W. 2nd and
3rd Avenues; containing 3.97 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the I
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof. I
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Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a !
whole or part thereof other than the part declared to be invalid. !
I
Section 5. That this ordinance shall become effective ten
(l 0) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 21st day of June , 1994.
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ATTEST:
i
() liMnfi)1~kjf~II{).l~
City C erk
First Reading June 7. 1994
Second Reading June 21, 1994
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;1 - 2 - Ord. No. 46-94
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CI1'Y OF DELRAY BEACH. FLORIDA
L-JD CNW.
.-............-......-.-....-.-.-....-.
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i ~ IDA RO..o
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L-.1I CNW. C-15 CNW.
crrr &MI'I ....--.- CITY IN ITIA TED REZONINGS
os to OSR CF to os CF to OSR
I WILt I
.
SCML 1.0. ORO. , 1.0. ORD. f 1.0. ORO. , 1.0. ORO. I
1 34-lJ" 8 3lJ-I.. 11 ....-lJ.. 18 411-;"
N 2 3S-94 7 40-14 12 45-14 17 50-94
.3 38-1" 8 41-114 13 48-14 18 51 -94
4 37-94 9 42-114 14 47-lJ4 11 52-;"
CIN OfF DEl..MY KACH. FL 5 38-lJ" 10 43-94 1S 4-8-14
PlNlfoINQ DEPAImDT
- DlflfrM. .. "'" I'tS1DI --
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ORDINANCE NO. 47-94 I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND I
KNOWN AS VETERANS PARK, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM CF (COMMUNITY FACILITIES) I
DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT; i
SAID LAND BEING GENERALLY LOCATED AT THE NORTHWEST i
CORNER OF ATLANTIC AVENUE AND THE INTRACOASTAL I
WATERWAY; AND AMENDING "ZONING MAP OF DELRAY BEACH, I
FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend approval of the
rezoning, based upon positive findings; and
,
'I
' WHEREAS, it is appropriate that the Zoning District Map of
I the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
I,. Delray Beach, Florida, dated April, 1994, be, and the same is hereby
i amended to reflect a zoning classification of OSR (Open Space and
:1 Recreation) District for the following described property:
,
,
,I
'I All of Block 132, TOWN OF DELRAY, as recorded in Plat
: Book 1, Page 3, of the Public Records of Palm Beach
i County, Florida (known as Veterans Park) .
I The subject property is generally located at the
northwest corner of Atlantic Avenue and the
,II Intracoastal Waterway; containing 3.512 acres, more
or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the I
City of Delray Beach, Florida, to conform with the provisions of I
Section 1 hereof. I
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Section 3. That all ordinances or parts .)-10 crdinances in I
conflict herewith be, and the same are hereby repealed. I
I
Section 4. 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 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 5. That this ordinance shall become effective ten I
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(10) days after its passage on second and final reading. I
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PASSED AND ADOPTED in regular session on second and final
reading on this the 21st day of June , 1994.
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ATTEST: I
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Q~'/fjJLI!tL!'fD !Indy I
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Clty C er I
First Reading June 7, 1994
Second Reading June 21, 1994 I
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- 2 - Ord. No. 47-94
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CITY OF DELRAY BEACH. FLORIDA
L-JO CNW.
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l.-.cI IDA ACW)
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CITY IN ITIA TED REZONINGS
CITY LAITI ---.--
os to OSR CF to os CF to OSR
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SCM.l 1.0. ORO. II 1.0. ORO. , 1.0. ORO. I 1.0. ORO. ,
1 34-'<4 5 3g-;<4 11 4<4-,<4 liS 48-g<4
N 2 35-84 7 4-O-g4 12 45-,4 17 SO-94
3 35-8<4 8 41-84 13 48-84 18 S1 -94
.. 37-94 9 42-904 '4 47-'4 11 52-9<4
CITY OF DEl..AAY' IKACH. Fl.. 5 315-9<4 10 43-904 15 48-'4
PI.NtNNC DEPAIITUENT
-- QGTAt. .. ""' ns'7'Df --
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,I ORDINANCE NO. 48-94
I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS CURRIE COMMONS, AS MORE PARTICULARLY
DESCRIBED HEREIN, FROM CF (COMMUNITY FACILITIES)
DISTRICT TO OSR (OPEN SPACE AND RECREATION) DISTRICT; I
SAID LAND BEING GENERALLY LOCATED AT THE SOUTHWEST I
CORNER OF S.E. 7TH STREET AND S.E. 2ND AVENUE; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; I
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, I
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the .
Zoning District Map of the City of Delray Beach, Florida, dated I
April, 1994, as being zoned CF (Community Facilities) District; and !
I
I
WHEREAS, at its meeting of April 18, 1994, the Planning and I
, Zoning Board for the City of Delray Beach, as Local Planning Agency, I
'I reviewed this item and voted unanimously to recommend approval of the
;1 rezoning, based upon positive findings; and !
'I I
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. ,
'! NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I
-I CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I
:1 Section 1. That the Zoning District Map of the City of I
I Delray Beach, Florida, dated April, 1994, be, and the same is hereby I
I amended to reflect a zoning classification of OSR (Open Space and
11 Recreation) District for the following described property: I
- I
I All of Currie Common, according to the Plat of
Osceola Park, as recorded in Plat Book 3, Page 2, of
the Public Records of Palm Beach County, Florida
(known as Currie Commons) .
:1
:1 The subject property is generally located at the
· southwest corner of S.E. 7th Street and S.E. 2nd
Avenue; containing 3.11 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
, City of. Delray Beach, Florida, to conform with the provisions of
, Section 1 hereof.
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all ordinances or i
Section 3. That parts of ordinances in
conflict her~with 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 ten
(10) days after its passage on second and final reading.
I
PASSED AND ADOPTED in regular session on second and final
reading on this the 21st day of June , 1994.
:
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ATTEST:
a{{'~'/lJl(-!l.uP.lI.o Liz( i
l.ty Cl rk
First Reading June 7, 1994
I
June 21, 1994 ,
Second Reading
i
- 2 - Ord. No. 48-94
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CITY OF DELRAY BEACH. FLORIDA
L-3Q CNW.
._._-_._._._._.~_._._.- . .-.
l.NCI IDA ROAD
SW21f
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L-.>> CNW. C-15 CNW.
CITY LMI'I ----.- CllY IN ITIA TED REZONINGS
os to OSR CF to os CF to OSR
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~ 1.0. ORD. , 1.0. ORD. , 1.0. ORD. , 1.0. ORD. I
1 34-114 e 38-84 11 44-114 . 1a 411-114
N 2 3.5-114 7 40-84 12 45-114 17 50-84
3 38-84 8 41 -84 13 48-114 18 .51 -84
- 4 37-114 9 42-84 14 47-84 " .52-84
CITY OF DEl.RAY KACH. Fl. 5 38-114 '0 43-84 1.5 48-114
fIl..AH..c DE'PARNENT
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ORDINANCE NO. 49-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS KNOWLES PARK, AS MORE PARTICULARLY DESCRIBED
HEREIN, FROM CF (COMMUNITY FACILITIES) DISTRICT TO OS
(OPEN SPACE) DISTRICT; SAID LAND BEING GENERALLY
LOCATED ON THE EAST SIDE OF U.S. HIGHWAY NO.1, SOUTH
OF S.E. 10TH STREET (EXTENDED); AND AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A ,
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN I
EFFECTIVE DATE. :
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend approval of the
rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OS (Open Space) District
for the following described property:
The West Half (W 1/2) of Lot 9, Subdivision of Model
Land Company (Less the North 100 feet of the East
219.07 feet) and Lot 25 lying east of U.S. Highway
No.1, north of Block 2, as recorded in Plat Book 1,
Page 128, of the Public Records of Palm Beach County,
Florida (known as Knowles Park).
The subject property is generally located on the east
side of U.S. Highway No.1, south of S.E. 10th Street
(extended); containing 2.60 acres, more or less.
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That the Planning I
Section 2. Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
I Section 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
I PASSED AND ADOPTED in regular session on second and final
I
reading on this the 21st day of June 1994. ,
,
I
~~
! ATTEST:
(J P 1 ~'fi)][1J 11 A f ~ J-IG t/~;
City Cl rk
First Reading June 7. 1994
Second Reading June 21, 1994
I
- 2 - Ord. No. 49-94
I
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CITY OF DELRAY BEACH. FLORIDA
1..-30 CNW.
,-,---,-,-,,-,_,~_,_"_,_,_,,, ..
LNC! IDA ACW)
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CITY IN ITIA TED REZONINGS
CITY LMI'I ----.---
os to OSR CF to os CF to OSR
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sc..&Z 1.0. ORO. * 1.0. ORO. , 1.0. ORO. , 1.0. ORO. ,
1 34-g4 15 3g-g4 11 44-g4 115 4g-g4
N 2 3.5-g4 7 40-14 12 45-g4 17 5O-g4
3 38-g4 S 41-84 13 48-g4 18 S'-94
4 37-14 9 42-g4 14 47-94 ,g S2-g4
CITY OF DEl..RAY lEACH, Ft. 5 315-g4 10 43-g4 1.5 48-g4
Pl.NlNNG llEPNmD'T
- DIf1fTAL .. MAl' $W7DI --
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ORDINANCE NO. 50-94 I
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS MILLER PARK, AS MORE PARTICULARLY DESCRIBED
HEREIN, FROM CF (COMMUNITY FACILITIES) DISTRICT TO
OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND
BEING GENERALLY LOCATED SOUTH OF LINTON BOULEVARD,
WEST OF THE FEC RAILWAY; AND AMENDING "ZONING MAP OF
DEL RAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend approval of the i
! rezoning, based upon positive finding~; and I
q WHEREAS, it is appropriate that the Zoning District Map of
;j
! the City of Delray Beach, Florida, dated April, 1994, be amended to
i
i
i reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of I
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
, Recreation) District for the following described property:
!
il Lot 5, West of Railway, Subdivision of Section 29,
Township 46 South, Range 43 East, as recorded in Plat
Book 1, Page 4, of the Public Records of Palm Beach
I County, Florida; and Lot 6 lying West of Railway
I
i
I (less the westerly 60 feet of the southerly 60 feet
road right-of-way) as recorded in Plat Book 1, Page
I 4, of the Public Records of Palm Beach County,
Florida (known as Miller Park) .
The subject property is generally located south of
Linton Boulevard, west of the FEC Railway; containing
21.67 acres, more or less.
.
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-"-'--'~._"-"." -, --,.--.-------- ----
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or 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
whole or part thereof other than the part declared to be invalid.
I
, Section 5. That this ordinance shall become effective ten
I
(10) days after its passage on second and final reading.
PASSED AND ADOfTED in regular session on second and final
reading on this the 2 st day of June , 1994.
%?Er
ATTEST:
01; = ffiJc.}i 11 rJ Iln lb;
City Cl rk
First Reading June 7, 1994
Second Reading June 21, 1994
- 2 - Ord. No. 50-94
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CITY OF DELRAY BEACH, FLORIDA
L-JO CNW..
.-.---.....---....-.-.-...--. ...
~ IDA RCW)
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CllY IN ITIA TED REZONINGS
cnv LMIS -------
os to OSR CF to os CF to OSR
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I
SCML 1.0. ORD. , 1.0. ORD. , 1.0. ORO. , 1.0. ORO. I
1 34-g~ 5 39-9~ 11 #-g~ 15 4g-g~
N 2 3S-g4 7 4-O-g4 12 45-14 17 SO-94
3 3a-\J~ 8 41-\J4 13 45-\J~ 18 51-94
4 37-94 9 42-9~ 14 47-94 19 52-9~
CITY OF DELltAy ~ FI.. 5 3e-9~ 10 43-94 15 48-94
~ DEPNINENT
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I ORDINANCE NO. 51-94
I
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS THE BUCKY DENT BASEBALL SCHOOL, AS MORE I
PARTICULARLY DESCRIBED HEREIN, FROM CF (COMMUNITY
FACILITIES) DISTRICT TO OSR (OPEN SPACE AND
RECREATION) DISTRICT; SAID LAND BEING GENERALLY
LOCATED SOUTH OF LINTON BOULEVARD, WEST OF THE FEC
RAILWAY AND IMMEDIATELY SOUTH OF MILLER PARK; AND
AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
reviewed this item and voted unanimously to recommend that the
proposed change in zone district not be adopted; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, finds that the change is not inconsistent with the
Comprehensive Plan, based upon positive findings; and
WHE REAS , it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I
Section 1. That the Zoning District Map of the City of ,
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of OSR (Open Space and
Recreation) District for the following described property:
All of the FALLS OF DELRAY PLAT as recorded in Plat
Book 46, Page 148, of the Public Records of Palm
Beach County, Florida (known as the Bucky Dent
i Baseball School).
I
!
I The subject property is generally located south of
i
i Linton Boulevard, west of the FEC Railway and I
!
immediately south of Miller Park; containing 3.00
acres, more or less. I
I
. i
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Section 2. That the Planning Director of said City shall,
upon the effeGtive date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
:! declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
i PASSED AND ~~OPTED in regular jession on second and final
reading on this the st day of une , 1994. I
II ~~L-
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!
,
! " MAYty'R
ATTEST: I
a, ;''lnrH1JJ/' - Ju!r !in 7hy
I
!
I
ity Cler
I
I
First Reading June 7. 1994 i
Second Reading June 21, 1994
- 2 - Ord. No. 51-94
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CliY OF DELRAY BEACH, FLORIDA
L-JO CNW.
l.fd IDA AO..o
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CITY IN ITIA TED REZONINGS
arY LMI'I ------
os to OSR CF to os CF' to OSR
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5CAL[ 1.0. ORO. , 1.0. ORD. , 1.0. ORO. , 1.0. ORD. ,
1 34-84 e 39-94 11 44-84 11 48-84
N 2 3S-84 7 40-84 12 45-84 17 50-84
3 35-94 8 41-94 13 45-84 Ie !51-e4
4 37-94 9 42-94 14 47-84 19 :12-94
CITY '" DEUtAY lEACH. FI. 5 38-94 10 43-94 1S 48-94
PI.AHNING DU'NmIENT
- DOTAL ... 11M' ~ --
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ORDINANCE NO. 52-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING A PARCEL OF LAND
KNOWN AS THE PARK ADJACENT TO SCHOOL SITE S-2, AS
MORE PARTICULARLY DESCRIBED HEREIN, FROM CF
(COMMUNITY FACILITIES) DISTRICT TO OSR (OPEN SPACE
AND RECREATION) DISTRICT; SAID LAND BEING GENERALLY
LOCATED SOUTH OF GERMANTOWN ROAD, WEST OF FOXE CHASE
SUBDIVISION; AND AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated
April, 1994, as being zoned CF (Community Facilities) District; and
I
WHEREAS, at its meeting of April 18, 1994, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency, I
reviewed this item and voted unanimously to recommend approval of the I
rezoning, based upon positive findings; and I
WHEREAS, it is appropriate that the Zoning District Map of
the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
i i
I Section 1. That the Zoning District Map of the City of i
!
I Delray Beach, Florida, dated April, 1994, be, and the same is hereby
i amended to reflect a zoning classification of OSR (Open Space and
:1 Recreation) District for the following described property:
I
II That part of Section 25, Township 46 South, Range 42
il
I East, Palm Beach County, Florida, commencing at the
I Northwest corner of the Plat of Foxe Chase, according
to the Plat thereof recorded in Plat Book 38, Pages 1
I and 2, of the Public Records of Palm Beach County,
I
,\ Florida; thence South 1 degree 07' 33" East, along
the west line of said plat of Foxe Chase, 272.79 feet
'I to the Point of Beginning; thence continue South 1
degree 07' 33" East, along said west line, 435.00
I feet; thence South 88 degrees 52' 27" West, 500.00
/
feet; thence North 1 degree 07' 33" West, 360.00
feet; thence North 43 degrees 52' 27" East, 212.13
I feet; thence North 1 degree 07' 33" West, 197.79 I
, I
feet; thence North 88 degrees 52' 27" East, 150.00
. 1
.
-~-'"
feet; thence South 1 degree 07' 33" East, 272.79
fee_t; thence North 88 degrees 52' 27" East, 200.00
feet to the said Point of Beginning (known as the
Park adjacent to School Site S-2).
The subject property is generally located south of
Germantown Road, west of Foxe Chase Subdivision;
, containing 5.93 acres, more or less.
:
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in 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 ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the ?1!':t: day of ,Tnnp- , 1994.
~~ i
I
,
" MAY~
ATTEST:
, f1t ;.,-, ) YlJ:!r )(/'f(" lID ,"Iv
,
Cl.ty C erk
I First Reading June 7, 1994
I
i
Second Reading June 21, 1994
II
II
I
I - 2 Ord. No. 52-94
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CITY OF DELRAY BEACH. FLORIDA
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arY LMI'I --....--- CITY IN ITJA TED REZONINGS
os to OSR CF to os CF to OSR
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SCM.l 1.0. ORO. 1# 1.0. ORO. , 1.0. ORO. , 1.0. ORD. ,
1 34-;4 5 39-94 11 44-;4 . 15 4;-i4
N 2 3S -i4 7 40-94 12 45-94 17 50-94
3 31-;4 8 41-84 13 45-;4 18 S1-94
- .. 37-94 9 42-94 14 47-94 19 52-;<4
CITY OF ClElIIAY IIUOI. F\. S 38-94 '0 43-94 15 48-94
PI.AHHING DEJ'ARNENT
-- DOrM. 114# ~ $'YS1DI --
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER8'11
SUBJECT: AGENDA ITEM # / 0 Z. - MEETING OF JUNE 21. 1994
ORDINANCE NO. 53-94/REPEALING LDR SECTION 4.6.4(E)
DATE: JUNE 17, 1994
This is public hearing for Ordinance No. 53-94 which amends
Section 4.6.4, "Special District Boundary Treatment", of the Land
Development Regulations by repealing Subsection 4.6.4(E),
"Community Facilities Zoning Adjacent to Residential Zoning".
As noted in the staff report, this LDR Section requires specific
boundary treatment whenever CF zoning is adjacent to residential
zoning. This has sometimes proven to be excessive. The proposed
amendment eliminates these specific requirements and replaces
them with the more flexible guidelines contained in the amendment
to the CF district itself.
The Planning and Zoning Board formally reviewed this item on
April 18, 1994, and forwarded it to the Commission with a
unanimous recommendation of approval. On June 7, 1994, the
Commission passed Ordinance 53-94 on first reading by unanimous
vote.
Recommend approval of Ordinance No. 53-94 on second and final
hearing.
~-O
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E7v )
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: . DAVID T. HARDEN, CITY MANAGER
FROM: DIANE DOMINGUEZ'C1~ ~~~
DIRECTOR OF PLANNING & ZONING .
SUBJECT: MEETING OF JUNE 7, 1994
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment deleting LDR Section 4.6.4 (E) , . .
Community Facilities Zoninq Ad1acent to Residential Zoninq.
B A C K G R 0 U N D:
The LDR section that is the subject of the attached ordinance,
4.6.4, provides specific regulations for the treatment of
boundaries between residential and nonresidential districts.
Currently, 4.6.4(E) requires that whenever CF zoning is adjacent
to a residential zone, a landscaped setback of 15' (or 10' and a
wall or hedge) is to be provided. In some instances this
requirement has proven to be excessive, as many of the uses
zoned CF (day care centers, churches, etc.) are quite compatible
with residential neighborhoods. This amendment would delete
these specific requirements. A related amendment to the CF
district itself will replace these requirements with a more
flexible guideline for the treatment of these boundary areas.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of April 18, 1994, along with the changes being made to
the CF district regulations. There was no public testimony
regarding this amendment. The Board voted 7-0 to recommend
approval of the amendment.
R E COM MEN D E D ACT ION:
By motion, approve the attached ordinance deleting LDR Section
4.6.4(E) in its entirety.
Attachment:
* Ordinance by others
TICC464.DOC
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!I ORDINANCE NO. 53-94
!
! AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.4, "SPECIAL
! DISTRICT BOUNDARY TREATMENT", OF THE LAND DEVELOPMENT
I REGULATIONS OF THE CITY OF DEL RAY BEACH, FLORIDA, BY
:1 REPEALING SUBSECTION 4.6.4(E), "COMMUNITY FACILITIES
II ZONING ADJACENT TO RESIDENTIAL ZONING" , IN ITS
ENTIRETY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
'I CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of April 18,
1994, and has forwarded the change with a unanimous recommendation of I
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 not inconsistent with 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
4.6, "Supplemental District Regulations", Section 4.6.4, "Special
District Boundary Treatment", of the Land Development Regulations of
the City of Delray Beach, Florida, be, and the same is hereby amended
by repealing Subsection 4.6.4(E) , "Community Facilities Zoning
Adjacent to Residential Zoning", in its entirety.
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.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
.
.' . ~
. - .--
PASSED AND ADOPTED in regular session on second and final
reading on this the 21st day of June , 1994.
~~
,F MAY
ATTEST:
(}llNm ffh~ j{,(f 1& tl.f2J'7I;
City Cl rk
First Reading June 7, 1994
Second Reading June 21, 1994
i
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- 2 - Ord. No. 53-94
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERj"r t
SUBJECT: AGENDA ITEM # I~A - MEETING OF JUNE 21. 1994
FIRST READING FOR ORDINANCE NO. 55-94/PYRAMID-SHAPED
MARKERS
DATE: JUNE 17, 1994
This is first reading for Ordinance No. 55-94 dealing with
pyramid-shaped markers. This amendment to the City's Code
prohibits pyramid-shaped or similar type markers within a public
right-of-way and outlines specifications for the use of
dome-shaped markers.
The ordinance is proposed in response to direction from the City
Commission at the May 10, 1994, workshop meeting. It will become
effective six (6 ) months from its passage on second and final
reading.
Recommend approval of Ordinance No. 55-94 on first reading. If
passed, public hearing will be on July 5, 1994.
-5-0
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ref:a:agmemo6
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[ITV DF DELAAY BEA[H
CITY ATTORNEY'S OFFICE :,,) ~w [,l .WEl'iCE . DELRAY BEACH, FLORIDA 334H
F\lSI\1lLE .>!~ 27~4755 Writer' s Direct Line
(407) 243-7091
MEMORANDUM j~E.CEI\,IEi
DATE: May 12, 1994 MAY...IJ6. 19~",
r,Jfy. MAN
TO: City Commission ~ER'(' nf
FROM: Susan A. Ruby, City Attorney
SUBJECT: Dome-Shaped Markers Ordinance
Attached please find the ordinance dealing with dome-shaped
markers. We have changed Section 4 which establishes the
effective date shall be six months from the passage of the
ordinance on second and final reading.
By copy of this memorandum to David Harden, City Manager, our
office requests that this ordinance be placed on an upcoming
Cit Commission agenda.
-
--.---
" cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Attachment
@ Prrnled ,'" RecYCled Paper
--
ORDINANCE NO. 55-94
--
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 100,
II NUISANCES II , OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION
100.01, II EXISTENCE OF WEEDS, TRASH, AND VEGETATION
UPON LANDS PROHIBITEDII , TO PROVIDE FOR THE
PROHIBITION OF THE PLACEMENT OF PYRAMID-SHAPED
MARKERS OR OTH~~ SIMILAR TYPE MARKER WITHIN A PUBLIC
RIGHT-OF-WAY; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, desires to protect the safety of its residents and citizens
by prohibiting the placement of pyramid-shaped markers in the public
right-of-way.
~
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 100, IINuisancesll, Section 100.01,
IIExistence of Weeds, Trash, and Vegetation Upon Lands Prohibited II , of
the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended by adding subsection 100.0l(E) to read as
follows:
.!.ll Dome-shaped decorative markers. also known
as button markers. may be placed in the public
riqht-of-way. provided that such markers are no
larqer than six (6 ) inches in heiqht. have rounded
surfaces and no straight edqes. and are separated by
a minimum of two (2) feet. The property owner shall
assume all risk of liability for such markers. The
nlacement of pyramid-shaped markers or any other
similar ty~e marker within a public riqht-of-way is
prohibited.
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. ,--.
I
,---"-~_._._" ----
Section 4. That this ordinance shall become effective six
(6 ) months from its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
-h MAY 0 R
ATTEST:
City Clerk
First Reading
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Second Reading
I
I
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- 2 - Ord. No. 55-94
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SII ~ r..~~:A./\
1~]TY DF DELAAY BEA[H
i" I \ ["fDRNEY'S OFFICE
- --
MEMORANDUM
DATE: April 12, 1994
TO: David T. Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Markers in the Riqht of Way
Attached is a copy of a proposed ordinance amending Sec. 100.01
by adding paragraph (E) which allows dome markers and prohibits
the placement of pyramid-shaped markers in the public
right-Of-way. : t
Landowners are liable for allowing obstructions in the public
right of way. Morales v. Costa, 427 So.2d 297 (Fla. 3d DCA
1983) . This same duty does not apply to a landowner for
liability and damages caused by subterranean roots growing into
the right of way which could not readily be rectified by the
landowner. Sullivan v. Silver Palm Properties, 558 So.2d 409
(Fla. 1990) .
The most conservative legal opinion to ensure protection
against liability for t~e City would be to not allow any
markers of any kind in the right of way. However, dome markers
are sometimes helpful to maintain the appearance of right of
ways. Therefore, if the policy of preserving the aesthetics of
rights of way is pressing, the attached ordinance seeks to
minimize unsafe conditions (by allowing dome markers only) and
enhance aesthetics.
The proposed ordinance clearly places the decision to place any
such marker on the landowner who pursuant to our ordinances has
the duty to maintain the contiguous swale areas. The ordinance
makes clear that the landowner assumes liability for the
placement of the markers in the rights of way. I believe this
will ensure some measure of protection for the City.
Attached are the cited cases and the proposed ordinance.
~all if you have any questions.
-
SA! \['J s \ to
cc: Lee Graham, Risk Manager
-:>........
MORALES v. COSTA Fla. 297
Cite as, 427 So.2d 297 (Fla.App.3 DlsL 1983)
distance trav- the ())unty correctly points out, there is
.. nothing inherently offensive about giving Antonio B. MORALES and Maria
s. . . . its police officers the choice of retaimng the Morales. Appellants,
County Public
6, Part r, sub- statutory ~itness fee or accepting greater v.
-0_ 4-15, Stan- ,overtime compensation for off-duty court CarlOt; COSTA and Mary Costa, Security
. hereafter, the appearances. Mutual Casualty Company, City of Mi.
The officers argue. however, that an ami. and County of Dade, Appellees.
opinion of the Attorney General, Op.Atty. No. 81-2542.
I to the daily Gen. 077-108, October 18, 1977, which states
fulfilled on that a city "may not r2quire that officers District Court of Appeal of Florida, !.
:itness fee is remit their witness fees to the city in return Third District.
-nsatory time for overtime pay received," supports their Feb. 22, 1983.
position. Even were we to accord the opin-
satory time is ion great weight in construing the law of
ill deliver the this State, State Dept. of Citrus ~'. Office of Action was instituted by persons in-
Metropolitan the Comptroller, 416 So.2d 820 (Fla. 2d DCA jured in an intersectional automobile acci-
'less Manage- 1982); Richey v. Town of Indian River oent against persons who owned land adja-
.-eceipt. " Shores, 337 8o.2d 410 (Fla. 4th DCA 1976); cent to the intersection. The Circuit Court,
~ the Rule did Beverly v. Division of Be\'erage of Dept uf Dade ())unty, Edward S. Klein, J., entered
~llants of any Business Regulation, 282 80_2<1 657 (Fla. 1st summary final judgment in favor of land-
.ns 92.141 and DCA 1973), we think that the further lan- owners, and the plaintiffs appealed. The
:'Om this ad. guage in the opinion that "there is no prohi- District ())urt of Appeal, Nesbitt, J., held '0
ppeal. bition against [the City] pa);ng an amount that landowner may be held liable in negli-
.he Rule pro- over and above the witness pay calculated gence action for obstructions to the public
Department . .. as the difference between the witness right~f-way.
fee and the amount that would be received
'icers of at time-and-a-half the normal salary paid" Reversed and remanded.
l. _J 92.142, undercuts the officers' position. As the
lng' that the County notes, the option it has provided by Automobilell *""289
Itute answers ~Ie does not require the return of witness Landowner maJ be held liable in negl~]
)fficers posed
y relief.1 AB fees and, if the officers choose the overtime gence action for obstructions to the public
pay, the option is the functional equivalent right~f-way.
,); SUIte ex reL of paying them the difference between the . .
~, 160 So. 522 witness fee and the amount that would be
covery of mon- received at the overtime rate. Joe N. Unger, Ronald C. Kopplow, Miami,
ty durinI past for appellants.
.et up a binding Affll'lDed.
We therefore Blackwell, Walker, Gray, Powers, Flick &:
Igment. insofar Hoehl and Diane H. Tutt, Miami, for appel-
otherwise sup- lees.
~ trial court nor Before NESBITT, BASKIN and FERGU-
1 with the ques- SON. JJ.
n derogation of
their coUective NESBITT, Judge.
::Ounty; wheth.
the agreement The plaintiffs were iIljured in aa interlec>
1 by the very tiona! automobile IlCCideat. . They iDItituted
ether, in such
-eement (which this action apiDIt. ta. ~ ~ owned
ag of new COD- land adjacent to the iDteneetion. The com-
by the CoWlty these matten in the briefs on appeal. but nei-
lSideration sub- decide them.
:en acceded to tber the trial court nor we were called upon to
retereaces to
en So..l<I-4
,
298 Fla. 427 SOUTHERN REPORTER. 2d SERIES
plaint alleged that the (Astas obstructed & Brid!!es S 118 <19811; see Gulf &fininf!
the plaintifrs view of a stop sign by: la) Co. \. Gilmore. 112 Fla. :366. 152 So. 1)21
planting a black olive tree in the swale (1934\ ( plaintiff recovered a j ucig-men t
area; and (b) voluntarily assuming the duty against defenciant for InJuncs reC'ei\"eli
of the maintenance of that area and negli- when she tripped o\'er a dark cord placed
gently failing to fulfill that obligation. The across a g-rass plot het\\.L'cn the ,':Jrh :In.1
trial court entered summary final judgment the paved Sidewalk); :'L't' also f'rlce I
in favor of the landowners, ostensibly be- Parks. 127 Fla. 744. 173 So. ~(l;l (1~;l71.
cause it found that the landowner owed no Because we find. contrary to the ~r1al
duty to a passing motorist for the obstruc- court. that a landowner may he Ii:\hle for
tion of a public right-of-way. We reverse. obstructions to the puhlic rig-ht-of-way, \\.e
The defendant attempts to support the reverse the summary jud~ment anci remand
appealed judgment by relying upon Evans for further proceedings.
v. Southern Holding Corp., 391 So.2d 231 Reversed and remanrlerl.
(Fla. 3d DtA 1980), pet. for review denied,
399 So.2d 1142 (Fla.1981). There, we held
that in the absence of legislation imposing a
duty, a landowner had no duty to maintain
his property in a condition so as to protect a
motorist wing the adjacent highway from
other approaching motorists. In Pedigo \".
Smith, 395 So.2d 615 (Fla. 5th DCA 1981). "
the court, following Evans, supra, found :\laria RUlZ. Appellant.
that a landowner had no duty to a motorist
where a tree planted on private property v.
~
obscured a motorist's view of a stop sign. I Jose Manuel RUIZ and Lumbermens
These decisions, then, recognize that a land- Mutual Casualty Co., Appellees.
owner baa a right to use and enjoy his No. 82-428.
-- property in any manner he sees fit. District Court of Appeal of Florida.
Oa ... ot8er bud, an obattuction of a
public, riPHf-way- by aa adjMllllt laDQ- Third District.
owner, eVeD by ~i,,1' wbicb PO" IIId Feb. 22, 1983.
exiItr upoa a privatAl property, but which
~ iato and obItrueta the public Mother, who was injured while a pas-
~J. ia .. entirely different mat-
tAr., The court, in Evans. specifically ex- senger in automobile assertedly negligently
cluded the situation where an obstruction driven by minor daughter, sued mother's
protruded onto public property. The users former husband for her injuries. The Cir-
of a public right-of-way have a right to cuit Court, Dade County, Francis X. Knuck,
expect that it will not be unreasonably ob- J., granted husband's motion for summary
stnlC:ted. In con~~ they have no such judgment, and appeal was taken_ The Dis-
expectations with respect to lands that are trict Court of Appeal, Jorgenson, J., held
entirely within the purview of private own- that mother was not statutorily permitted
ership. Consequently, a private person may to recover from former husband where
ineur liability for damages caused by an daughter's application for driver's license ~
obstruetion upon a public way, 39 Am. was signed by mother and not by the for- .~
t
J ur.2d Highways, Streeta 4 Bridgee ii 359, mer spouse. /.
,
361 {1968}; 29 Fla.Jur.2d Highways, Streets Affirmerl.
I. AltbouP the court. in f'edi8o v. SmitIl, supra. tree was located entirely on private property
did not state it explic:itly, we assume that the
-
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>/ I
..,
SUL~~~..SIL.VE~.PALH.'pROPERTIES. INC. Fla. 409 l
atud51 5o.U 409 (I'lL I'"
a distinction .r , In _.tlJe 'ins~t..case the district court af. .
.- ; d'. .
.
3' ... See STATE of Florida. Petitioner. finned tbe~t:rWfcourt's ~ting\ of. Fin- i
I .14. In v. ney's- motion ror-:postconviction relief and f
1 spite of a its vacating of one of Finney's convictions ;
Roy Kenneth FINNEY, Respondent. i
the subcon- based on the retroactive application of Ca. ,.
prevent the i No. 74601. rau,'an v. State, 515 So.2d 161 (Fla. 1987),
against the and Hall v. State, 511 So.2d 678 (F1a.1988).
ld. In fact. Supreme Court of Florida. Recently, however, we held that a defen-
~e statutory March 8, 1990. dant whose convictions are fully adjudi-
mit the sub- cated and final may not obtain posteonvic.
irectly. The tion relief based on a claim of improper
mnot be uni- Defendant convicted of possession of conviction of multiple crimes arising from a
by inserting firearm and robbery with firearm moved single transaction. State v. Glenn, 558
letween the for posteonviction relief. The Circuit So.2d 4 (Fla.1990). In reaching this conclu-
l contractor. Court, Dade County, Alfonso C. Sepe, J., sion we also held that Carawan should not
Ie owner to granted relief. The District Court of Ap- be applied retroactively. Hall. which is
the subcon. peal. 550 So.2d 1141, affirmed. The Su- based on Carawan, is, like Carawan, an
'ould thwart preme Court, McDonald. J., held that case evolutionary refinement in the law. Witt
~ of the me- proscribing convictio.n of multiple crimes v. State, 387 So.2d 922 (Fla.), cert. denied,
; allowing a arising from single transaction was not 449 U.S. 1067, 101 S.Ct. 796. 66 L.Ed.2d 612
Even if -~ retroactively applicable through motion for (1980). As such, Hall should not be ap-
ns.
jecision that postconviction relief. plied retroactively through a motion for
'I shifted the Quashed. pos teon viction relief. Glenn; Love 11.
It to OBS, it State, 559 So.2d 198 (Fla. 199Q). The~
t 0 BS could Overton. J., concurred in result only. fore. we quash Finney and direct the dis-
yment. Be- trict court to reverse the trial court's order.
ld has been I t is so ordered. .
hing a lien Courts e::>100U)
r clearly :'1:, Case proscribing conviction of multiple EHRLICH, C.J.. and SHAW,
~- crimes arising from single transaction was
bond. ' 'i " BARKETT, GRIMES and KO':" AN, JJ.,
}inion under ~ not retroactively applicable through motion concur.
__ f: for posteonviction relief. ~
mand to the ~ - OVERTON, J., concurs in result only.
s to affirm - --
/~~.,
~.~ ,
Robert A. Butterworth, Atty. Gen., Janet
t r. Reno, State Atty., and Penny H. Brill, Asst.
~; ~ .-
1_;'- State Atty., Miami, for petitioner. .
rON,
'lond Bennett H. Brummer, Public Defender,
and Marti Rothenberg, Asst. Public De-
fender, Miami, for respondent. Mary Sharon SULLIVAN. Petitioner.
v. 4
McDONALD, Justice. SILVER PALM PROPERTIES.
We review Stau v. Finney, 550 So.2d INC.. Rftpondent.
1141 (Fla. 3d DCA 1989), because of certi-
('led conflict with Harris v. State, 520 So.2d No. 74190.
639 (Fla. 1st DCA), review denied, 536 SupnerDe Court of Florida.
led 10, and did So.2d 244 (Fla.1988), and Love v. State, 532 March 8, 1990.
ld. Su Amer. So.2d 1133 (Fla. 4th DCA 1988), approved,
;$011 Drill Co., 559 So.2d 198 (Fla.1990). We have jurisdic- . {
" tion pursuant to article V, section 3(b)(4), Passenger brought suit apinat land.
Florida Constitution. and quash Finney. owner alleging that tree roots caused
410 Fla: 558 SOUTHERN REPORTER. 2d SERIES
bumps in road which resulted in loss of bumps in the road were caused by roots
control of automobile. The Circuit Court, from Australian pine trees that extended \
Dade County, Maria M. Korvick. J., found from the adjacent property owned by Silver
for passenger, and landowner appealed. Palm Properties. Inc. The trees had been
The District Court of Appeal. 541 So.2d planted fifty to seventy years earlier and
624. reversed and certified question of before Silver Palm acquired the property.
great public importance. The Supreme Dade C{)unty 5tipulated that it owned the
Court, Barkett. J.. held that landowner did road. that it had responsIbility to maIntain
not have duty to retard subterranean root and repair the road. and that It had actual
growth of trees located adjacent to public knowledge of the root conditions before the
right-of.way. accident. Sullivan sued Silver Palm. the
Certified question answered; decision driver of the automobile. and Dade County.
approved. for negligence. The Jury found that all
three defendants were negligent and fixed
Automobiles $:>289 a percentage of liability against each.
Landowner did not have duty to retard The issue here is limited to the Judgment
subterranean.root growth of trees located that held Silver Palm liable. The district
adjacent to public right-of-way. court reversed that judgment, holding that
Silver Palm was not liable because the
Joe N. Unger of the Law Offices of Joe landowner owed 110 duty to retard the sub-
terranean root )!r:J\\'th of its trees. Sil/'cr
N. Unger, P.A., Miami, and Robert E. Palm PI'VI'('1'fH'S. [11('., :i.n So.2d at ti27.
Schack, P.A., Coral Gables, for petitioner. Sullivan argues that the law in Florida is
Michael J. Murphy of Gaebe, Murphy, otherwise, citing Pnce I'. Parks, 127 Fla.
Mullen & Antonelli, Coral Gables, for re- 7 -1.t 173 So. ~IO;i (1!l:m; Gulf Refining Co.
spondent. v. Gilmore. 112 Fla. :iti6. 152 So. 621 (1933);
Armas I'. ....fetl.vpolitan Dade County, -129
BARKE'M', Judge. So.2d 59 (Fla. 3d DCA 1~83); and Morales -"
We have for review Silver Palm Proper- v. Costa, 427 So.2d 297 (Fla. 3d DCAI.
ties, Inc. v. SuLLivan, 541 So.2d 624 (Fla. review denied, -134 So.2d 886 (Fla. 1983).
-- 3d DCA. 1988), in which the district court We find Sullivan's reliance on these
certified the following question of great cases misplaced. Both Gulf and Price in-
public importance: volved artificial conditions created by oth-
Does a landowner have a duty to retard ers direetly on the public rights-of-way and
the subterranean root growth of its trees not natu~lly ~rowing vegetation on abut-
which are located adjacent to a public ting land. In Gulf, a gas station owner
right of way? had cordoned off the swale area between
Id.. at 628.1 We answer the question in the the curb and the sidewalk to discourage
negative under the circumstances present- pedestrian traffic across the newly planted
ed and approve the deeision of the district grass. The cord was on stakes, dark In
court. color, and not readily observable at night.
Sullivan was injured when she was a One night, the plaintiff tripped over the
pasaenger in a car that ran I1ff a rural, cord as she stepped across the grass, and
paved. two-lane public road and struck a the Court ruled that this artificial condition
tree. The collision occurred after the driv. created by the station gave rise to liability.
er lost control due to a series of bumps in In Price. the Court held that an injured
the road surface. The road had been built plaintiff had a cause of action against a ..
and maintained Z by Dade County and the tortfeasor who caused a dangerous condi- ~.
--
I. We have jurisdiction. An. V, ~ 3(b)(4), Fla. .(.
Z. For example. lhe counly had rool.pruned (he '.
Const. trees in 1974 when the road was resurfaced and
widened.
_w",,_,,_ -
FLORIDA PATIENT'S COMPo FUND v. SCHERER Fla. 411
CIte.. 551 So.U 411 (Fta. 19901
tion by allowing materials from his vehicle walks. Those decisions refused to hold
caused by roots to fall onto the roadway. In that case, a landowners liable for injuries caused by
's that extended contractor spilled slippery materials and roots growing under the surface of a public
, i by Silver substances from his truck onto a public right-of.way. City of Birmzngham
" had been t'.
~ c. bridge, causing the ensuing accident. Wood, 240 Ala. 138, 197 So. 885 (1940):
ears earlier and
ed the property. Jforales and A nnas. on the other hand. Wall t'. Village of Tallulah. 385 So.2d 905
do involve natural conditions rather than (La.Ct.App.), u:nt refused. 393 So.~d 73i
.hat it owned the artificially-ereated ones. In both cases, the (La.19801: Rose 1'. Slough, 92 ~.J.L 233.
,ility to maintain - landowner was held responsible for the 104 _\. 194 (1918): Bennett 1'. Gordon, 101
~at it had actual maintenance of trees or vegetation that :\T.J.Super_ 2.')2, 244 A.2d 13,1 IAp~.Dlv i.
:itlon~ before the obstructed the motorist's view of a stop cert. denzed. .52 ~.J. ~99, :!~ti _\.~d ~;)ti
1ilver Palm. the Like the district court, we see consid- (1968). We find the rationale 10 thost:'
nd Dade County, sign.
found that all erable difference between the duty imposed cases directly applicable:
ligent and fixed in .'Jorales and Annas and the duty sought It was the responsibility of the munlcipal-
to be imposed here. As the majority below ity, and not that of [the abuttmg proper-
g-ainst each. noted: ty owner], to maintain the SIdewalk and
to the judgment [C]ommon sense required that a duty be correct the defect. Because of the re-
le_ The district imposed upon the landowner to remove moteness of the relationship between the
~nt, holding that landscaping wnw:h obstructed critical tree owner, the growth of the tree root.>;
lie because the traffic signage. Vegetation that over- and the resulting defect in the ~idewalk.
J retard the sub- hangs and blocks out a traffic control it cannot be logically held that [the abul-
ts trees_ Sill'er device constitutes an obvious condition ting property owner] actually '\:reat~d or
11 So.2d at 627. and presents an imminent danger of un. caused the defect involved_"
a w in Florida is controlled traffic. The offending branch, Wall. 385 So.2d at 909 (CitatlOll 0mltl~J)
Parks, 127 Fla. moreover. need only be clipped away, a We answer the certified question in this
'.lif Refining Co_ straightforward remedy. . . . context in the negative and approve thl'
i2 So. 621 (1933): . _ _ (!]n the case now before us the decision of the district court. ~
lde County, 429
3); and Morales offending vegetation was anything but It is so ordered.
(J;'1_ 3d DCA), i obvious. The root growth was slow and
(Fla_1983). I subterranean; the defect in the right-of- EHRLICH, C.J., and OVERTON,
way became noticeable only after a con- McDONALD, SHAW, GRIMES and
iiance on these siderable passage of time. _ . . All par. KOGAN, JJ:, concur.
'if and Price in- I ties stipulated that Dade County, not Sil-
created by oth- t --- ver Palm, owned and maintained the
ights-of.way and j roadway shoulder and surface in the area
.;etation on abut- of the accident. Sihw Pabn had DO right
.s station owner at any time to ~ or alter the surfaee.
Ie area between of the roadway. To hold a landowner
k to discourage liable for failing to clip back vegetation FLORIDA PATIENT'S COMPENSA-
Ie newly planted that has overgrown a traffic control de- TION FUND, et al.,
stakes, dark in I vice is reasonable. To impose upon a Petitionen/Crou-Respondents.
!rvable at night. ] landowner a duty to undertake root
ripped over the I v. ~
i trenching or tree topping purely in antici- Clara M. SCHERER.
3 the grass, and I pation that subterranean growth may al-
rtificial condition i ter the surface of a public right-of-way Respondent/Cro....Petitioner.
e rise to liability. I at some indeterminate time in the future No. 72878.
I that an injured is both burdensome and unreasonable. Supreme Court of Florida.
action against a Silver Palm Properties, 541 So.2d at 626-
dangerous condi- t 27. March 8, 1990.
lad root-pruned the ! Although this precise question is new to
was resurfaced and Florida, other jurisdictions have considered Patient brought medical malpractice
this issue in the context of public side- action against physicians, hospital. and Pa-
FI..C_ SS7-Ssa 50.2_"
-
-:
PRlem- V.' e~~( -; FIa. 003
UI&. '
suit by bill of Bernice 5. 5h:mn:.han'kept the policy in: ~~~~ agalJ1st coD:tractor shown to h:1\"l' I
limants praying force for several years aft,er it was given occasi~ned danger~':1s condition by allowing
:rplead and that to her With her own earmngs, openly re- materials trom his. vehicles to tall and !leg-
; of the policy sisted all effort on the part of Shannahan ligenUy to accumulate on highway or bridge,
:plainant be dis- to .recover it, always con.tended that the e.en ~Ough contractor ~as assumed no duty I
.ty in respect to policy was hers and consistently support- to m:untaUl or keep highway or lmd!;e 10
ed her right -to retain possession of it. repaIr.
their right to !hc record re~eals nothing to sho~v an ·
a decree 'of in- lnc~nslstent pos.ltI?n on her part, while as Error to Circuit Court, ~IO:J~oe Coun- I
.lch was dun.' tv _h:1nnahan, It IS shown that he repeat- ty' Jefferson B B . T drr
~- dI k d'ff d ., ., . ro\\ ne, u" e.
aim to the pro- e y too I erent an lOconslstent POSI-. . _
J. each I. tions for the purpose of recovering the ActIOn by George G. Parks agal11st .f. I:.. I
' c aim a p' - d"d II d f. ('I'
verse -I; 'policy. nee, In IVI ua y!an as owner 0 tile ,-,,.;ee-
. L a_mant, . . . chobce Construction Company. To review
.J final hcanng [lJ The authontles generally sustam . d t for I' t.ff d f d t b .
. S - .... a J u gmen p aln 1 e en an f1 n <TS
.mlce . :::,hall- the doctrine that a hfe msurance pohcy ,"
roceeds of the may be the subject of a parol gift. Gar- error. I
19Iy. This ap.. ner v. Bemis, 81 Fla. 60, 87 So. 426; Mc- Affirmed.
Donald v. McDonald, 215 Ala. 179, 110 W. Curry Harris and William V. Albury,
id Shannahan, So. 291; 12 RC.L. 943; 37 c.J. 429. both of Key West, and Waller & ~.re~lO-
the cbncellor [2) By the issues 'a~d the facts proven, niss, of Tallahassee, for plaintiff in error.
e the rIght to the chancellor could have in right and Arthur Gomez, Aquilino Lopez, Jr., and
cserved In the justice reached no other conclusion than Thomas S. Caro, all of Key West, for de-
?e. repeated at- to award the proceeds of the policy to fendant in error.
Ilclary but was the appellee; so his judgment must be,
.' appellee Ber- and is hereby, affirmed. PER CURIAM.
s In pUsseSSlOn Affirmed.- This was an action brought in the circuit
to surrender it court of Monroe county by George G. Parks,
ELLIS, C. J.. and BUFORD, J., concur. whereby plaintiff sought to recover from
, appellee con- J. E. Price, individually, and as owner ot '.
:annah::m made WHITFIELD, P. J., and BROWN and the Okeechobee Construction Company, for
. to her before DAVIS, JJ., concur in the opinioD and certain injuries and damages alleged to have
he policy was judgment. been sustained by the said Parks as the re-
;eld by her at suit of an automobile accident un a detour -
e. insured, who ~_~ bridge extending between Stock Island and
; m her posses- ___ the Island of Key West, in Monroe county,
r own earnings -- as a result, so it was alleged in the declara-
d. in effect for tion, of the negligence of the defendants,
chvered to her. who were using said detour bridg-e in con-
stion of owner- PRICE .,.PARK&. nection with their work for the State Road
in issue and Department, in- allowing certain slippery
J.tcrial rc;pects Supreme Court of Florida, DlvtsloD B. materials and substances being hauled by.
iubstamial evi- Apr,tl 21, 1m. them over said detour bridge to so accumu-
; of the chJn- I. Automoblll' $;J284..,290 late thereon as to make said brid~e danger-
t contradiction Person wbo cause. defect or obstruetlOD ous to persons whom the defendants kncw,
ahan took out tn traveled publlc wa,., Including detour ?r. ought to h~vc known, were 1.I~ely to be
protection of brldp kept opeD for publiC use. is Uable IOJured .by saId dangerous condition. The
and two small to motorlat for 1Djurlea caused thereb,.. declaratIon was ~pheld as agalOst demur-
the premiums b d-."" __ ~--'o ed b h rer, and upon trial a recovery for $2,00. 0
. 11' ere _......._ '^........ n ., sue per- .
) he was con- son's a1Ilrmatlft act or positive neglect, lUld ~amages and c.osts was sustalOed by the tnal
~t Myers and motorist doe. not 10lle hla right to recOy. Judge. who~e Judgment to that effect comes
ld Shannahan; er because of bJa own tault, eveD though no here on wnt of error.
e~ to abandon seneral dUt}' of maintenlUlce haa been... [1]. ^. person causing .a defe~t or ob-
j dore dOing sumed b,. sucb perIOD or exists on hia part. strucoon m a traveled pubhc way, including
!old her that a detour bridge kept open for public use, is
It.; t~at she 2_ Brldgl. c:::a35 liable in damages to an injured automobilist
. With It; and Highway. <p200 for injuries caused by such defects or ob-
Jeca":1e of her RIght action of person hanned b,. struction, wherc the defect or obstruction
m~rrle,d Cath- dangerous c;dlUon ot hiebwa, or public was occasioned by the affirmative aCe or
died m 1935. hrioJtc' kl'l.1 "pell for pllblie travel IIl8,J be positive nerlect of the defendant, and plain- J
I
i
,
-
904- Fla. 173 SOUTHER~ REPORTER
tiff has not lost his right to recover bccause the years designated (Acts 1935. c- 17400.
of his own fault in the premises. even :!lou;;, ~ 9).
no general duty of maintenance h:cs be~n 3. Statutes C:::>f21(6'12)
asslimed by defenuant, or exists on h,s part. t'ru\ ;siull of statllte prohihitln~ s:lle by ,
[2J If harm is cau<cd by thc d::n!:[ero'ls ~r;I~C Ilf t:1X ~;tle certi~c:1tI'~ con'ring cer-
condition of a hidl\v:lY or puLiic brid!,"c tain Yt'ars. nnlil a day certain. exc'ppt on
hdu opcn ior public tr:ln:!. l;ie ri,:;ht lJ i ".rirtl'lI applicati'ln or (,wner. hdd to corr.e
action of tl~e pcrson h.umcu m:lY LJC en- \\Irllin p,,,.dew of title of alt which pro-
forced :I!~ail1st a contr:lc:'Jr ,h<1\\.n to 11:1 \. c' \ it ~l'd fur "tlie cOlllprulnise alld :ldjustment
occasioned a dang-erous condition of s;liJ of lax "de ll'rtit1cates 111'Id by state I.pon
highway or bridie by allowin:! lIlalcn:l;s ClTl:lill cUlIuiliullS" (Acts 1!l:J3, c. 17,10G, ~ 91.
from his vehicles to LLll allll nq;'!i;c;;t1y :0 4. Constitutional law C=>42
accllITInbte on S:lmc, cven thongh sl1ch con-
tractor has assL:mcd no uuty to m:lilltain or Party sIX'king :llljullication ot cOllrts on
keep the hi:::l\\':\)" or brid~e in rep:1ir. the ellnstitutiollality ot a statute lIlllSt ~how
An aPl'lic:\tiol1 of thc iorc::-oing- rllle of that his constitutional ri;;hts ha\'e ucen ubro-
bw to the pk;((li,,~s ::nd c\'\ckl1cc rcqnir<:s ;.rated or are threatened uy tile act.
an afrirmJ./Icc ~.l tll(: j lIcig.:1lLllt, and It IS ;0 5. Constitutional law <::::>42
urdc rcd. l'arty ehalleul;illg cOllstitlltlonallty ot
.-\"(tirlllc.'i. M:lllIll' /lrohiuiting sale of tax sale tertill.
cares \oy :o;tate. ulltil a day certain. held with-
\VlIfTFILLD. P. L ~::r1 f.RO\\-:\' anrl '"\t '1"",lin~ to maintain suit, where he was
D.\VIS. .1.1.. c. :,(I:r. Oldy a pru'l....etive purchaser of a certltic:\te
ELLIS, C. ).. aIld TLRJ~ELL :1110 DC- willi 110 prc:-ocnt illterest In the L"ertltieate
FORD, JJ., concur ill the UpllllOll allJ juug-- lI.,r in the lalld upon which It was a lieD
mente :\ lid was lIot ui~crilllillated a;;ainst, and stat.
lIte applied similarly to all like situatedt
(,\ets W35. c. 1HOO, I 9).
€<C(l'''''' ",,,..) 6. Appeal and el'l'ol' e:>1138
In mandamuI proceedings to compel sale
ot tax sale certificate by State contrary to
statute prohibiting such lale until a day cer-
tain except on written application ot owner,
-- constitutionality at which wal challenged
STATE ex I"el. PRINGLE Y. DYKES, Clerk by petitioner, passing ot da, designated In
of Cour1. statute while case was pending so statute no
longer applied to tax sale certificates held
Supreme Court of Florida, Division A- to make issue raised b, proceedings moot
April 12, 1937. (Acts 1935, c: 17406, I 9; Comp.Gen.Laws
l::i u pp. ! 992).
I. Taxation e:>679(5) DAVIS. J., dissenting In part.
Delinquent tax certificates In the h:lnc1s
of the State are subject to legislative tlis. I ~
position, provided such disposition does lIot Appeal from Circuit Court, Lake Coun-
violate due process, equal protection, or uni.
form ta~at1on clauses at Constitution. ty; J. c. n. Koonce, Judge.
2. Constitutional law ~229(3), 285 Application for alternative writ of man-
damus by the State, on relation of H. L.
Taxatlo. e:>615 Pringle, ag-ainst Gco. J. Dykes, as Clerk
Provision of statute prohibiting snle of of the Circuit Court for Lake County.
tax sale certificates eo\.eriu:; designated J udg-ment quashing and dismissing the
years held by State, until a day L'Crtain, ex- WrIt, and plaintiff brings error.
cept on written application of owner. held
not .iolatlve of the due process, equal pru- Af:1rmeu_
teetlon, or uniteI'm taxation clauses ot Con. H. L. Pringle, of Leesburg, for plaintiff
stitution, since purpose :Jnd effect was not III error.
to relie\'e owner of any part of tax. in. J. \V. Hunter, Duncan, Hamlin & Dun-
terest, or penalty. but merely to e:'l:tend pc- C:ln, a:Jd John S. Lavin, all of Tavares, for
riod of redemption trom lien for taxes for deiendant in error.
,
.~
GULF REJ'INING CO. ~. GlLHORE \
Fla. 621 r
1U 80.
-.~ . GUes J. Patterson, of JackaonvUle, for I
. of Buker BISCAYNE TRUST COMPANY, . Cor,ora- plaJ.ntUf fD error.
lor'da. Ap",_. tlon, M. A. Siilitll, as ~ulttator of said Br.. StocktoD. Ulmer " MurcbJaon, of Jaekaon- [
" Appe"", eayne Trust CompallY, Bank of Bay Biscayne, rtlle, tor defendant In error.
da. a Corporation, an" M. A. Smith, as Llquida. PER CURIAM..
tor of said Bank of Bay Biscayne, Appellanll, Thh; C:luse haVing heretofore been submit-
.. v. Geol"1le T. O'FARRELL, APpellee.
,...< ted to the eourt up'Jn the transcript ot the
Johns Coun- Supreme Court ot Florida. record ot the judgment herein and briefs and
Jan. 27, 103-1. ar;;llIllcnt of counsel for the respectin' par.
tics, :lnd the record having been seen a~d in.
stine, for a~ 1 sp\"<:~<l. and the court beiag now ad \'i~t"J ot
En" Banc,
for appellee. Apflcal from Circuit Court, Dllrle County,' It<> juJ~\!nt to be given in the premises. It
seems to the court wat there is 110 error in
I Worth W. l'mmmell, J uUg'e. the said jud.,'1Ilent. It is therefore ",',nsider.
,
, ~fitchel\ D. Price and Charles W. Zaring, ed. ordered. 'ind adiud;;ed by tl1e cOUrt that
r counseJ tOl' both of Miami. for appellants. the said judgment ot tbe circuit court be, .wd :<
t Vincent C. Giblin and Geo. T. O'Farrell, the same is hereby, aJBrmed.
I both or Miami, for appellee.
, VA \'IS. C. J.. anll WHI'I'FIELD, ELLIS,
l PEn CURIAM. BIWWN, and BUFORD, JJ.. concur.
i In this case a mlljorlty. ot the court are TElUtELL. J~ not participating.
, ot the opinion that the orc1er l1)lflealerl from
.
, fall~ within the puniew of Tllcrrell \", How-
l
f land (Fla,) 146 So. ~03 (sixth hl':ldnote), and On nchearing.
aJ.. Plalntl1rs !
j that therefore it should be rc\'ersed and re-
el{ rei. A. N. manc1ed Oil anthorit). of the opinion In that PER CCHlAM.
Error. t Un O,.touer Ii. ] ~33. the jud;;:ml'flt h"r...in
! case.
ja. f He\'ersed and remanded. ",as allinned uy :l per curiam dl'\:i,i..u wirh.
out opinion. Tbe case is no\\' t",r..r,' IlS for
DA VIS. C. .7., and WHITFIELD. TER- reconsideration upon rl'be-.lriDg ;;rantl't.! ,wd
RELL, and BUFOHD, JJ., concur. rear:;wnent had thereon. .
:Ounty. Plaintill' below sued tor an injur)' suswin-
pIa1ntitra In BROWN, J.. disqualified. ed by her when she tripped over a cord in the
nig-httime as she stepped up onto the <."Urb
nter Haven. '.):. and started to wnlk acr~ a gras.'l plot locat.
,~
....1- ed. between the curb and paved sidewalk. at
vI("
:'Z tJ1at point. The proof showed thut defendant,
.-- . corner tilling station operllt.or. had several
lon of coun. !l., ,~ ----- days prior to plainti1l's injury dug up the
space between the curb and sidewaik for a
; GULF REFINING CO. v. GILMORE. grass plot, had planted it with seed, and had
Supreme Court of Florida. Di...lslon B. therelltwr, in order to discourage walkill~ b)'
-~,.~ pedestri.:1ns acrOS1f the plauted Sp8l'e. stretcb.
Oct. 17, 1933. ed a dark brown wrnppi!lg cord. not readily
On Rehearing Feb. 7, 1934- discernible at nlgbt, on stakes, around thia
g-rass pi/It. The proof is adequate that the
1!tu"ldpal corporation, *=808(2), cord, ;\1.-pended :UI it was about six or ei~ht
E...ldence showed that corner dl1lng sta- Incoes trom Lhe ground nroulld tbe ;;r:u;,;
as G. I. L. plot, and being dark colured against a uark.
Rollart E, tion operator waa ne&'Jlrent in leaving brown background. was hard to see, and iliat Ill)
eord on stakes around grasa plot located be-
tween curb and sidewalk, causing pedestrian notice. light, 01' warn in;; ot It wus erected
to trip oYer cord in nighttime. or placed at the spot to advi;;e I)'.-uestriuns ot
18. the cord's existence at that point.
We think tbe verdict was amply justified by
ll:rror to Clrea1t Court, Duval County,' W. the evidence. nnd is sustainable as a matter
'e Connty. ot law on the tOllowing authorities: Long v.
1. Barker, Judp. American ny. Express Co., lCO La. 18-4, 90
the motion. Aet10n b1 Nannie P. Gilmore, unmarried, So. 563, 22 .\. L. It. U93,' Opdycke v. Public
against the Gulf RellDlnc Company. To reo Sen-lce R. Co., 78 N. J. Law, ~16. .6 A. 1032,
vIew a Judgment in taY<lr or plaintill', delend- ~'9 L. R. A. (:\, S.) 71,' Dicke,. ~. lfa.loe Te1e-
counsel for &Ilt brings error. graph Co.. 46 Me. 483.
Att1rmed. In the present cue the gist of the cause ot
ex.. ... pJ'or otller _ _ MlDe toplc.&a4 KEY If U1UJI:;R ill all Ko, ~ .....ber DiS....L.I "JlcllJlcle.ua
,-,'._~.
,
622 FIa. l52 SOUTHERN REPORTER
action sued tor was the placl.ng b1 a private PER CURIAM.
corporation of an obstruction on a part of Appeal dismissed on motion of -counsel tor If
the street that, 1n the absence of some warn- the respecthe parties.
If4;' as to its presenee, was presumed to be
free of dan~rous pitfalls such as cords and
the like, stretched in such manner as to trip .
j.l<.'<iestrillns attempting to cross from the C'Urb .,
w the sidewalk proper. In such c:lSes the lia-
billty of "the private person placing- the ob- James M. MADDEN. Janlor, Ap~e"ant. Y. D~
Btruction and failing to give warning of its VAL FINANCE CO. et aI., Appellees." !
presence is diUercllt from the liability of the
city for the same de1'ect. Supreme Court or Florida.
Therefore the cases relied on by plllintitr In Jlln(' term, 1G33.
,
error for reversal are not ill point, since tbey ,
refer to the liability of a IDWlic:ipnl corpora. Appeal from Circuit CQurt, Duval COUDty.
tion for inj~tries received by 1\ pedestrian D_ C. C:unpl>cll. of Jncksonvllll', ror ap})cl-
when occasioned by the mere presen<:e In a lant.
street of an ol.Jstruction that conceivalJly can
Do placed there under proper condiUona. naker &: lIaker, of Jacksonville, for appel.
ltea.tl1rmed on rehearing. lees.
\VJ1ITl<'IELD, P. J.. and BUOWN and BU. PER CURIAM.
FOld), JJ., concur.... A rre:11 dismissed. on motion ot counsel for
appellees.
DAVIS. C_ J.. and ELLIS and TERUELL.
JJ., concur 1n the opinion and jud!;Illent,
MIAMI COCA COLA BOTTLING CO., a Cor.
poration, Plaintiff In Error, v. George A-
STRA TTON, Defendant In Error.
, Supreme Court of F]nrida.
, .
Geo...e H. SIMONS et II., Appellanb, Y. J. L. June term, 1~3.
GANT, Appellee.
Supreme Court of Florida. Error to Circuit Court, Dade CODnty. :
June term, 1933. Kuru &; Reed, ot Miami, for plalntitf In er-
ror.
---- Appeal from Clrc11lt Court, Sarasota Coun. James ~I. Cnrson and Ross WllUaJUs. both
ty. of Yinmi. tor defendant In error.
Frank Redd. ot Sarasota. for appellants. PER CURIAM.
R. H. House, of Sarasota, tor appeUee. Writ ot error dismissed. on motion ot COQDo
PEAR CURLUf.. seI tor the res~tI.,e parties.
Appeal dismissed on motion ot counsel fo~
i<ppellee.
GUI CHESHIRE, Plalnti<< In Error, v. STATE
of Florid'a. Defendant In Error.
Fred P. MADISON et al., Appellants, v. C. e:. Supreme Court (If Florida.
MEES, Appellee. JUlie term. 193J.
Supreme Court ot Florida. Er-ror to Circuit Court, Escambla CoUDC1.
June term, 1933. D. W. Ber17, of Pensacola, for plainUlf In
.
error.
Appeal from Circuit Court, Sarasota CoUD- Cary D. Landis, Atty. Gen., tor the State. ';.j.-~
tr. f'J
Willla~ " Dart, at Sarasota, tor appel- PER CURIAM.
lant& Writ of error dlamil>sed on motion ot the -~.-~.4
c. 1.. McKaig, ot Sarasota, for appellee. Attorney ~nera.l.
,
. ~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # /ZB - MEETING OF JUNE 21, 1994
ORDINANCE NO. 21-94
DATE: JUNE 17, 1994
This is first reading of Ordinance 21-94 which annexes a 1. 57
acre parcel of land located on the east side of Military Trail,
approximately 2,100 feet north of Atlantic Avenue, at 14378
Military Trail. The property contains the Boy's Farmers Market
which has a 4,648 square foot farmers market with outdoor display
area and associated parking. The ordinance also provides for a
small scale land use plan amendment to affix an official land use
designation of GC (General Commercial) on the property, and
establishes initial zoning of GC (General Commercial) district.
This ordinance is the partial culmination of a voluntary petition
from the property owners. In February, 1994, application was
received to annex, amend the land use plan and establish initial
zoning for the entire Boy's Market holdings (comprised of a total
of three parcels) . Upon review, it was determined that if the
City were to annex all three parcels, an enclave would be created
immediately to the east.
At its April 12, 1994 meeting the Commission postponed first
reading to allow modification of the Ordinance and readvertising.
In order not to delay the construction of the new Farmers Market
the applicant wishes to annex only the two south parcels at this
time, and annex the north parcel at a later date. Therefore,
Ordinance No. 21-94 only relates to the two parcels which
comprise the southern portion of the Boy's Market property (1.57
acres) .
At the Planning and Zoning Board meeting of March 21, 1994, there
was no public testimony in opposition to annexation and zoning.
There was some concern expressed, however, regarding traffic and
noise considerations. If the annexation is approved, a site plan
will be submitted which will include an improved traffic circula-
tion system. Noise issues will also be addressed.
Recommend approval of Ordinance No. 21-94 on first reading. If
passed, public hearing on July 5, 1994.
5,,0
,
,
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,
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~. ~.
THRU: DIANE DOMINGUEZ, DIRECTOR ~v~
DEPARTMENT OF PLAN~G AND NING 0 c/
.~ .
FROM:
. ,
SUBJECT: MEETING OF JUNE 21, 1994
FIRST READING OF ORDINANCE NO. 21-94 - ANNEXATION,
SMALL SCALE LAND USE MAP AMENDMENT FROM COUNTY C/8
(COMMERCIAL HIGH INTENSITY) TO CITY GENERAL
COMMERCIAL, AND INITIAL ZONING OF GC (GENERAL
COMMERCIAL) FOR THE BOY'S FARMERS MARKET.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance annexing a 1. 57
acre parcel of land, changing the Future Land Use
designation from County C/8 to City GC (General
Commercial), and applying an initial zoning designation of
GC (General Commercial).
The subject property is located on the east side of
Military Trail, approximately 2,100 feet north of Atlantic
Avenue.
BACKGROUND:
On February 8, 1994, an application for a land use plan
amendment and annexation with initial zoning were submitted.
The request included all three ( 3 ) of The Boys' holdings,
containing approximately 2.89 acres. If the City were to annex
all 3 parcels, an enclave would be created immediately to the
east (ref. Florida Statutes, Chapter 171) . In order to avoid
the creation of an enclave, two options were available: either
include the three properties to the east (2 residences) with the
annexation, or exclude the Boys' north parcel ( 1. 32 acres) from
the annexation at this time. With respect to the first option,
the property owners to the east were notified of the annexation
and did not wish to participate at this time. Therefore, the
land use map amendment and annexation only relates to the two
parcels that comprise the southern half of the Boy's property
( 1. 57 acres).
,
.
City Commission Documentation
Meeting of June 21, 1994
First Reading of Ordinance No. 21-94 - FLUM Amendment, Annexation
and Initial Zoning for The Boy's Farmers Market
Page 2
The property contains The Boy's Farmers Market which has a 4,648
sq. ft. farmers market (flower and produce shop) with outdoor
display area and associated parking. The proposed Future Land
Use designation is General Commercial and the proposed zoning
designation will be GC (General Commercial). Additional
background and an analysis of the request is found in the
attached Planning and Zoning Board Staff Report.
At its meeting of April 12, 1994, the City Commission held first
reading of this item. At the meeting, the property owner stated
that he would like to also annex the north parcel, which
contains a 30' access easement for two homes to the east.
However, by annexing the north parcel, an enclave would be
created as it will be necessary for the residences, which are
under County jurisdiction, to drive through the City to access
their property. The Commission then postponed first reading to
allow modification of the ordinance and re-advertising.
Since the City Commission meeting, staff has met with the
applicant on several occasions to discuss the alternatives for
annexing the north parcel. During this time period, the
applicant has submitted a site plan application to construct a
new farmers market on the south parcel. In order not to further
delay the project, the property owner has chosen to proceed with
annexing the south parcel at this time, and has submitted a
separate application to annex the north parcel. Annexation of
the north parcel is anticipated in August.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of March 21, 1994, the Planning and Zoning Board
held a public hearing in conjunction with review of the request.
There was no public testimony in opposition to the annexation
and zoning. However, two area residents expressed concerns over
noise associated with the market, and over the existing traffic
circulation at Military Trail and Lake Front Boulevard/Post
Office (Highpoint Lake Drive) . The applicant's representative
stated that an alternative access was being designed. When the
market is annexed into the City, a site plan will be submitted
for improvements, which will include an improved traffic
circulation system. He stated that noise issues would also be
addressed in the plan. The Board voted 6-0 (Golder absent) to
recommend that the requests approved.
RECOMMENDED ACTION:
By motion, approval of Ordinance No. 21-94 on First Reading and
setting a public hearing date of July 5th.
Attachment:
* P & Z Staff Report and Documentation of March 21, 1994
* Copy of Ordinance No. 21-94
Y:CCSOYS.DOC
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---"----.,,-
-- ._- -- . -
ORDINANCE NO. 21-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PARCEL OF LAND LOCATED AT 14378 MILITARY
TRAIL, AND BEING MORE PARTICULARLY DESCRIBED HEREIN,
WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS
OF SAID CITY; REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND I
OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE I
I
DESIGNATION FOR SAID LAND TO THE FUTURE LAND USE MAP AS
CONTAINED IN THE CITY OF DELRAY BEACH COMPREHENSIVE
I PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING
ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN
,) AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO GC
( GENERAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL
I REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
! WHEREAS, Anthony Fanelli and Elizabeth Fanelli,
his wife, are
the fee-simple owners of a parcel of land located at 14378 Military
Trail, Delray Beach, Florida, commonly known as The Boy's Farmers
Market, as the same is more particularly described herein; and
WHEREAS, Gerald B. Church, P.E., as the duly authorized agent
for the fee-simple owners as hereinabove named, has requested by
voluntary petition to have the subject property annexed into the
municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described ~s
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; and
WHEREAS, the subject property hereinafter described ~s
presently under the jurisdiction of Palm Beach County, Florida, having a
County Future Land Use Map designation of C-8 (Commercial with a
! residential equivalent of 8 units/acre); and
I WHEREAS, the advisory Future Land Use Map ( FLUM) designation
I
: for the subject property in the City of Delray Beach, Florida, is GC
I (General Commercial); and
!
I
I I
! I
.
.
__ 0- _
--+-- - -_. -- - -- --
WHEREAS, the _- City I s Future Land Use Map designation of GC I
(General Commercial) is consistent with the County FLUM designation of
I C-8 (Commercial with a residential equivalent of 8 units/acre) for the I
I
! property hereinafter described; and I
I WHEREAS, the City's FLUM designations as initially contained
I
on the City's Future Land Use Map adopted in November, 1989, and as
subsequently amended, are deemed to be advisory only until an official
Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of
this proceeding, and provisions of Land Development Regulations Chapter
Two have been followed in establishing the proposed zoning designation.
NOW, THEREFORE, BE I T 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:
The South 63.73 feet of the South 1/2 of the Northwest
1/4 of the Southwest 1/4 of the Northwest 1/4 of
Section 13, Township 46 South, Range 42 East, Palm
Beach County, Florida, less the East 500 feet and less
the right-of-way of Military Trail (State Road No.
809) ;
AND
The North 63.73 feet of the South 127.46 feet of the
South 1/2 of the Northwest 1/4 of the Southwest 1/4 of
the Northwest 1/4 of Section 13, Township 46 South,
Range 42 East, Palm Beach County, Florida, less the
East 500 feet and less the right-of-way of Military
Trail (State Road No. 809) ;
AND
The North 63.73 feet of the South 191.19 feet of the
South 1/2 of the Northwest 1/4 of the Southwest 1/4 of
the Northwest 1/4 of Section 13, Township 46 South,
Range 42 East, Palm Beach County, Florida, less the
East 500 feet and less the right-of-way of Military
Trail (State Road No. 809) ;
- 2 - Ord. No. 21-94
.
,
~------- LESS AND EXCEPT the following described real property:
:1 A parcel of land for road right-of-way purposes, !
!lying in Section 13, Township 46 South, Range 42 I
i East, County of Palm Beach, State of Florida, and
I more particularly described as follows:
i For the purpose of this description the centerline
right-of-way of Military Trail (State Road 809) as
shown on the right-of-way map of Military Trail
(from State Road 806 North to Steiner Road) now in
the files of~ the Land Acquisition Department of
Palm Beach County under Project Number 86-112, is
assumed to bear North 00 degrees 57' 45" West, and
all bearings recited herein are related thereto.
Commencing at the West One-Quarter (W 1/4) corner
of said Section 13; thence, North 00 degrees 00'
25" West along the west line of the Northwest
One-Quarter (NW 1/4) of said Section 13 a distance
of 697.17 feet to the south line of that certain
parcel described in deed recorded in Official
Record Book 4001, Page 640 of the Public Records
of said County, and the Point of Beginning;
thence, North 89 degrees 46' 28" East along said
south line a distance of 13.33 feet to a line
I 60.00 feet east of and parallel with the
centerline right-of-way of Military Trail, as said
I centerline is shown on said right-of-way map of
i Military Trail; thence, North 00 degrees 57' 43"
I West along said parallel line a distance of 191.21
II feet to the south line of that parcel conveyed to
I Robert S. Bacon on the 12th day of April, 1985,
I and described in deed recorded in Official Record
I Book 4522, Page 406 of the Public Records of said
I County; thence, South 89 degrees 46' 28" West
along said south line a distance of 10.14 feet to
the west line of the Northwest One-Quarter (NW
1/4) of said Section 13; thence, South 00 degrees
00' 25" East along said west line a distance of
191.19 feet to the Point of Beginning.
AND
The South 191.19 feet of the West 200 feet of the East
500 feet of the South 1/2 of the Northwest 1/4 of the
Southwest 1/4 of the Northwest 1/4 of Section 13,
Township 46 South, Range 42 East, Palm Beach County,
Florida.
- 3 - Ord. No. 21-94
._- ----
_ _____4__ __ -- ~. -
The subject property being located on the east side of !
Military Trail, approximately 2,100 feet north of I
I
Atlantic Avenue, at 14378 Military Trail; and
containing a 1.57 acre parcel of land, more or less.
section 2. That the boundaries of the City of Delray Beach,
I Florida, are hereby redefined to include therein the above-described
tract of land and said land is hereby declared to be within 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.
i Section 4. That this annexation of the subject property,
I 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
I the City pursuant to current requirements and conditions.
I
,
I Section 5. That the Future Land Use Map designation of the
i subject property is hereby officially affixed as GC (General
I Commercial) .
I
i
Section 6. That the City of Delray Beach elects to make this
I small scale amendment by having only an adoption hearing, pursuant to
I Florida Statutes Section 163.3187(1) (c)4.
I
:
Section 7. 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 is hereby declared to be in Zoning District GC (General
Commercial) as defined by existing ordinances of the City of Delray
! Beach.
I
I Section 8. That all ordinances or parts of ordinances in
I conflict herewith be, and the same are hereby repealed.
Section 9. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
I - 4 - Ord. No. 21-94
\
I
I
.
-
'I section 10. _ That this ordinance shall become effective as
i
I follows: As to the annexation and zoning, immediately upon passage on
second and final reading; as to the small scale land use plan amendment,
I the date a fina'l order is issued by the Department of Community Affairs
I or Administration Commission finding the amendment in compliance in
! accordance with Section 163.3184, Florida Statutes, whichever occurs
earlier. 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 Commission, this amendment may nevertheless be made
effective by adoption of a resolution affirming its effective status, a
copy of which resolution slrall 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 , 1994.
MAYOR
I ATTES'!' :
1 City Clerk
First Reading
Second Reading
I
I
- 5 - Ord. No. 21-94
,
FL~ANNING AN., ZONING SOARL
, CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: ~larch 21, 1994
AGENDA ITEM: IV.B.
ITEM: Annexation, Small Scale Land Use Plan Amendment and
Initial Zoning of the Boy's ~larket, ~lilitary Trail.
GENERAL DATA:
,
I, I
. -.
. , , e!
I ~
, 0
Owners... ................Anthony , Elizabeth Fanelli I'
...
Agent... ........ .... .... .Gerald B. Church ,
Location................ .Approximately 2,100 feet ~,
north of Atlantic Avenue,
on the east side of ll:,
Military Trail. 1
Property Size...... ..... .1.57 Acres
:IW"& , "
County Land Use Plan. ....C/8 (Commercial- Residential
equivalent of 8 units/acr.)
HIGHPCiNT WEST
Proposed City Land Use
Plan Designation... ......General CommercIal
Current County Zoning....AR (Agricultural Residential)
Proposed City Zoning. ....Ge (General Commercial) SPENCE
PROPER TY
Adjacent Zoning...North: AR - County
East: AR - County
South: Ge - City I-
West: RS (5in91e Family Residential) - -
County ~
-
Existing Land Use........Exi.t1n9 fara.rs market (retail ~
use)
Water Service.. ..........Wat.r servIce currently exist. ,..-1
-< , Q~"" t-
via a service lateral connection Q~\f~.jC~ C;,~,..~
to a 12" water main along Military \to~+-~
Tra 11 .
Sewer Service.... .... ....A septic system exists on-site.
City sewer service is available
via connection to an existing 4"
sewer force .aln located along the
east side of Military Trail.
TIC
I
r l' <,
. .
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I T E M B E FOR E THE BOA R D:
The item before the Board is that of making a
recommendation on a voluntary annexation (pursuant to
Florida Sta~ute 171.044) , a Small Scale Land Use Map
Amendment from County c/8 (Commercial High Intensity)
to City GC (General Commercial), and initial zoning of
GC (General Commercial).
LDR Sections 2.4.5 (A) , (C) and (D) provide rules and
procedures for the processing of this petition.
The subject property is located on the east side of
Military Trail, approximately 2,100 feet north of
Atlantic Avenue.
. ~
B A C K G R 0 U N D:
The subject property is currently located in unincorporated Palm
Beach County with an AR (Agricultural Residential) zone
designation. However, the property is located within the City's
Planning Area and is eligible for annexation. Palm Beach County
records indicate that building permits were issued in 1981, for
the construction of a greenhouse and shade house. The property
has been utilized as a farmers market for several years.
Presently, retail sales are not an allowable use under the
County AR zoning designation, thus the farmers market (retail)
is nonconforming. In 1990, an application for a Water Service
Agreement was submitted to the City, however, the agreement has
never been executed.
On February 8, 1994, an application for a land use map amendment
and annexation with initial zoning were submitted. The request
included all three ( 3) of The Boys' holdings, containing
approximately 2.89 acres. If the City were to annex all 3
parcels, an enclave would be created immediately to the east
(ref. Florida Statutes, Chapter 171) . In order to avoid the
creation of an enclave, two options were available. Either
include the three properties to the east (2 residences) with the
annexation or exclude the Boys' north parcel ( 1. 32 acres) from
the annexation at this time. With respect to the first option,
the property owners to the east were notified of the annexation
and did not wish to participate at this time. Therefore, the
land use map amendment and annexation only relates to the two
parcels that comprise the southern half of the Boy's property.
That action is now before the Board.
PRO J E C T DES C RIP T ION:
The territory to be annexed includes two parcels noted on the
Palm Beach County Property Appraiser's Map as parcels 315 and
319 having a combined acreage of 1.57 acres. The property
contains The Boy's Farmers Market which has a 4,648 sq. ft.
farmers market (flower and produce shop) with outdoor display
area and a~sociated parking. The proposed Future Land Use
designation is General Commercial and the proposed zoning
designation will be GC (General Commercial).
.
.
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 2
ANN E X A T ION A N A L Y S I S:
Florida statutes Governing Voluntary Annexations:
Pursuant to Florida Statute 171.044 "the owner or owners of real
properties in an unincorporated area of the County, which is
contiguous to a municipality and reasonably compact may petition
the governing body of said municipality that said property be
annexed to the municipality". Pursuant to F.S. 171.044 ( 5 )
"land shall not be annexed through voluntary annexation when
such annexation results in the creation of enclaves".
* The property is contiguous with the City, reasonably
compact, and its Annexation will not create an enclave. The
annexation will reduce an existing County enclave area.
Land Development Regulations Governing Annexations:
Pursuant to the Land Development Regulations Section 2.4.5
(C)(l) "the owner of land may seek the annexation of contiguous
property, under his ownership" pursuant to Florida Statutes.
COM PRE HEN S I V E P LAN A N A L Y S I S:
CONSISTENCY BETWEEN THE CITY AND COUNTY LAND USE MAP
DESIGNATIONS:
The City's proposed Future Land Use Map designation for
these properties is "General Commercial". The County's
Land Use designation for these parcels is C/8 (Commercial -
Residential equivalent of 8 units per acre) . The City's
"General Commercial" Land Use designation is consistent
with the County's C/8 designation. The City's FLUM
designations as initially contained on the City's Future
Land Use Map adopted in November, 1989, (and as formally
amended subsequently) are deemed to be advisory until an
official Land Use Amendment is processed.
ADJACENT LAND USE MAP DESIGNATIONS AND LAND USES:
The Land Use Map designation to the north is Palm Beach
County C/8 (with an advisory City designation of General
Commercial); South is City General Commercial; East is Palm
Beach County C/8 (with an advisory City designation of
Transitional); and, west is Palm Beach County HR8 (High
Residential - 8 units per acre) (with an advisory City
designation of Medium Density Residential 5-12 units per
acre) .
.
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 3
The existing Land Uses are residential to the west
(Highpoint Wes t) ; vacant to the north; residential and
vacant to the east; and, commercial to the south (Shoppes
of Delray).
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
.Designated Annexation Area: The territory to be annexed is
located within "designated annexation area No. 4" on the east
side of Military Trail r.orth of Atlantic Avenue. Annexation of
the territory is consistent with Policy B-3.4 of the Future Land
Use Element, which calls for annexation of eligible properties.
Provision of Services: When annexation of property occurs,
services are to be pro~ided 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 El 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 more manpower
to respond in this area; 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 6 minutes of the County Fire
Department (Indian Springs/Military Trail & Woolbright Road) to
approximately 2.5 minutes for the City's Fire Department (Fire
Station No. 4 at Barwick and Lake Ida Roads).
,
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 4
Water: Water service currently exists via service lateral
connection to a 12 " water main located along the east side of
Military Trail in front of this property. This water is being
provided without a water service agreement which is required for
properties that are not within the City limits.
As the property to the north is not included in this annexation,
a water service agreement is being executed along with the
annexation. This agreement will ensure that water is available
for development on the north parcel, and will provide a
mechanism for future annexation of that property.
Fire suppression is available along the east side of Military
Trail by existing fire hydrants approximately 300' north and
500' south of this property. It is noted that with any new
development, installation of a fire hydrant may be required.
Sewer: The property is not receiving sewer service. Sewer
service is available upon payment of standard connection fees
and the installation of a private lift station. The private
lift station would be necessary as the nearest sewer connection
is to a force main along the east side of Military Trail.
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 ~aintenance
responsibility will not change upon annexation.
Parks and Open Space: The annexation of the commercial property
will not create an additional impact on park and recreational
facilities.
Financial Impacts:
Effect Upon Annexed Property:
For the 1993 tax year the two subject parcels which make up the
Boy's Farmers Market have a combined assessed value of
$189,522.00. 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 2.6201 Deleted (County)
Library .3915 Deleted (County)
City Of Delray Beach 6.8600 Added (City)
City of Delray Beach Debt 1.1400 Added (City)
---------
4.9884 Difference*
* Total tax millage in the County is 20.0772 mills while in
the City the total millage rate is 25.0656 mills.
,
P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 5
The current yearly ad valorem taxes are $3,805.07. With
annexation the yearly ad valorem taxes will be $4,750.48; a tax
difference of $945.42. In addition to property taxes, the
following Non Ad =Valorem fiscal impositions apply:
Delray Beach Storm Water Utility - This City assessment will be
approximately $555 based upon the combined (100%) impervious
area of the buildings, parking areas, etc., and a 25% reduction
wi thin the Lake Worth Drainage District area. I f drainage is
retained on-site, an additional 25% discount may be available.
Solid Waste Authority - The Military Trail area is currently
serviced by South Florida Sanitation, which is under a five year
contract that runs fr.om 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 an exclusive franchise which is in effect for at
least six months prior to the initiation of an annexation, the
franchisee may continue to provide such services to the annexed
area for five years or the remainder of the franchise term
whichever is shorter". As the initiation of the annexation
occurred within the six month time period, the waste service
provider will change with the annexation.
The flat rates for commercial properties will remain ~he same at
.064 per sq. ft. of building area. These flat fees cover
disposal and the base fee only. Collection rates will be
negotiated with Waste Management on an individual basis, and
will vary depending on dumpster size and frequency of pick up.
occupational Licence Fees - Upon annexation The Boy's Farmers
Market will be required to obtain a City of Delray Beach
Occupational License. This license will be in addition to the
current County license fee ($30). The city license fee for a
retail operation is $80. However, an occupational license
issued after April 1st is reduced by one-half the cost that is
normally assessed. Pursuant to the Business Cross Reference
Directory, there are three (3) separate businesses existing
on-site. Thus, a license is required for each business. The
license fee for Calendar Year, 1994, will be $120. The license
fee for Calendar Year, 1995, is estimated to be $240.
Water/Sewer Rates - The Boy's Farmers Market is currently
served by municipal water. Typically, properties not located
within the City are assessed an Out-of-City surcharge. However,
the property has been charged the standard City rate, therefore,
there will be no reduction with respect to the water rate.
Resulting Impacts to Property Owner:
.
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P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 6
TABLE A
SUMMARY OF IMPACT ON THE BOY'S FARMERS MARKET
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(Change from 93/94 county of 20.0772
to City 93/94 rate 25.0656 mills.(4.9884) +$ 945.42
NON AD VALOREM
Stormwater Assessment +$ 555.00
Solid Waste Collection NA
WATER & SEWER UT~LITY FEES $ .00
Currently receiving water at City rate
OCCUPATIONAL LICENSE FEES +$ 240.00
ANNUAL FINANCIAL IMPACT: +$ 1,740.42
NA - Data not available
SERVICE CONSIDERATIONS:
FIRE RESPONSE + Faster response time from
(estimated time) 6.0 minutes (County) to 2.5
minutes (City) .
EMS + Faster response time from
(estimated time) 6.0 minutes (County) to 2.5
minutes (City) .
POLICE + Better response based upon
more officers in field.
CODE ENFORCEMENT + Pro-active vs reactive
opportunity to work with
property owners
Fiscal Impacts to the City: At the 1993 City operating millage
rate of 6.86 mills and debt rate of 1.14 mills, the property
will generate approximately $ 1,508.18 in ad valorem taxes per
year.
Additional revenues will be realized through the annual
collection of the stormwater assessment fee ($555 annually) as
well as occupational license fees (approximately $80 annually),
utility taxes (9.5' electric, 7' telephone) and franchise fees
on electric, telephone, and cable.
.
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P & Z Board Staff Report
The BOy's Farmers Market - Voluntary Annexation
Page 7
TABLE D
COMBINED FINANCIAL IMPLICATIONS TO THE CITY
GENERAL FUND
,
AD VALOREM TAXES +$ 1,508.18
PER CAP REIMBURSEMENTS: .00
UTILITY TAXES:
Electric (1): +$ 74.76
Natural gas (2): .00
Phone (3): +$ 7.69
- ~
FRANCHISE FEES:
Electric (4): +$ 47.22
Phone (5): +$ 1. 10
Natural Gas (6): .00
Cable (7): .00
OCCUPATIONAL LICENCE FEE :
+$ 240.00
STORMWATER ASSESSMENT UTILITY FUND
ASSESSMENTS:
Stormwater Assessment +$ 555.00
SEWER AND WATER UTILITY FUND
UTILITY SERVICE FEES:
Water Utilities .00
Sewer Utilities .00
ANNUAL TOTAL: +$ 2,433.95
NA - Data not available
(1) Electric Utility Tax based on 9.5% commercial
(2) Natural Gas Utility Tax based on 8.5 % of Gas bill
(3) Phone Utility Tax based on 7% of phone bills - business
accounts are a minimum of $36.60
(4) Electric Franchise fees based on 6% of FPL bills
(5) Phone Franchise fee based on 1% of phone bill
(6) Natural Gas Franchise fees are based on 5% of gas bill
(7) Cable Franchise Fees are based on 3% of cable bill
.
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P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 8
Z 0 N I N G A N A L Y S I S:
The proposed City zoning designation is GC (General Commercial)
and the current County zoning designation is AR (Agricultural
Residential).
The surrounding zoning designations are: County AR to the north
and east; City GC to the south; and, County RS (Single Family
Residential) to the west.
The City zoning designation of General Commercial represents the
prevailing use of the property. Upon annexation only the City
zoning designation is applicable.
R E QUI R E,D FIN DIN G S: (CHAPTER 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may
be achieved through information on the application, the Staff
Report or Minutes. Findings shall be made by the body which has
the authority to approve or deny the development application.
These findings relate to the following four areas:
FUTURE LAND USE MAP: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The proposed GC zoning designations is consistent with the
underlying "General Commercial" Land Use Designation.
The existing farmers market use (retail) is allowed as a
permitted use in the General Commercial zoning district, thus
when annexed the use will be a conforming use.
CONCURRENCY: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
The proposal involves the annexation of existing
development. There will be no changes in the manner that
drainage, and sewer will be provided. Fire, Police, EMS,
and solid waste will shift to a different provider;
however, all of these services will be equal to or enhanced
(see annexation analysis for details). It is anticipated
that connection will be made to the City's sewer system
post annexation.
.
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P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 9
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
Upon annexation, the property will come under the development
regulations of the City. The property has a number of
deficiencies as - they relate to the City's Land Development
Regulations Le. perimeter and internal landscaping, parking,
etc. Any future modifications to the site must comply with the
Land Development Regulations. The following are some of the
significant items that have been identified:
Outdoor Display: There is an area adjacent to the building
which is devoted to outdoor display of fruit and vegetables,
which is allowed pursuant to LDR Section 4.6.6(B) (Allowable
Outside Usage) . The exact square footage devoted to outdoor
display has not been. Ldetermined. However, the outdoor display
area is not to exceed 10% of the square footage of the interior
of the building which contains the main use. If the outdoor
display area exceeds 10% of the floor area, it can remain as
nonconforming. However, it is noted that if the outdoor display
area impedes or prevents access for emergency purposes, the Fire
Marshal may require removal or modification of the display area.
[ref. LDR Section 4.6.6(C)].
Billboard: There is an existing billboard located at the
southwest corner of the property. When a sign which does not
comply with the provisions of Section 4.6.7 (Signs), the sign
must be removed upon annexation. Staff will work with the
property owner in order to obtain compliance.
Perimeter Landscaping: Presently, there is no perimeter
landscaping adjacent to Military Trail. It is anticipated that
once annexation has occurred, a site plan submittal will follow.
This item will be addressed with the site plan review.
Access Easement: The property owner has been cited by Palm
Beach County for installing a commercial parking lot (shellrock)
which is not an allowed use in the County AR zone district. The
parking lot is located on the north parcel which is not included
in this annexation. As the customers were parking on the north
parcel, they were utilizing the access easement along the north
side of the property, which provides access to the single family
residences to the east, as a secondary access point for the
market without obtaining approval. This easement intersects
with Lake Front Blvd./Post Office entrance (Highpoint Lake
Drive) and Military Trail. The large volume of vehicles exiting
the market conflict with the vehicular movements at the
intersection, thus creating a traffic hazard. Presently, the
access easement is not being utilized for customer access. The
applicant is working with Palm Beach County Traffic Division and
City staff to address the access issues related to this
prop~rty.
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P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 10
Shellrock Parkinq Area: There is an existing shellrock parking
area on the subject property. Compliance with City regulations
will be obtained with the anticipated site plan submittal.
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 of a finding of overall consistency.
Section 3.3.2 (Standards for Rezoning Actions): Standards Band
C are 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 subject property is not within a designated
residential area. Thus, this standard does not apply.
B) 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 zoning designations represent the existing
commercial land use. The commercial zoning
designations are compatible with adjacent commercial
uses, to the south and the post office, to the north.
The residential properties to the east and west,
across Military Trail are adequately are screened by a
hedge and wood fence.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.S(D)(S), in addition to the provisions
of Section 3.1.1, the City Commission must 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;
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P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 11
c. That the reques ted 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
neighbo'rhood.
The applicant has submitted a justification statement which
states the following:
"The property is in the unincorporated area of Palm Beach
County, however, it is within the City of Delray Beach
reserve areas. Both contiguous properties to the north
(Post Office) and south (Shoppes of Delray) have been
annexed to the City and they have been developed as strip
commercial. The Fanelli property is a farmers market, with
County Zoning - Agriculture. The requested zoning is for
General Commercial which is consistent with the present use
and adjacent commercial properties."
Comment: The justification statement addresses Item "c" as the
basis for which the rezoning should be granted. The requested
zoning is of similar intensity as that allowed under the
proposed City General Commercial land use designation and the
existing County C/8 land use designation. Further, the GC
zoning is more appropriate given the existing use of the
property and its location, as it is situated between a shopping
center and the post office.
REV I E W B Y o THE R S:
The subject property is not in a geographic area requiring
review by the CRA (Community Redevelopment Agency) to the DDA
(Downtown Development Authority).
If approval is granted, it is anticipated that a site plan
application will be submitted for review by the Site Plan Review
and Appearance Board.
Palm Beach County Notice:
On February 28, 1994 the Palm Beach County Planning Division was
notified of the City's intent to annex this property. To date,
a response has not been received. Notice of the Land Use Plan
Amendment was also provided to the Interlocal Plan Amendment
Review Committee (IPARC) which distributes the information to
all adjacent municipalities.
Public Notice:
Formal public notice has been provided to all property owners
within a 500 ft. radius of the subject property. Courtesy
notices were also sent to the Homeowner's Associations of
Highpoint Sections 1-7. Letters of objection, if any, will be
presented at the Planning and Zoning Board meeting.
.
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P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 12
ASS E SSM E N T AND CON C L U S ION S:
Accommodating the annexation of this property and affixing
an initial City zoning designation of GC is consistent with the
City's program for annexation of territory within its Planning
and Service Area. The annexation is also consistent with the
State's policy under ELMS III legislation to eliminate enclaves
and promote annexation into the most appropriate municipality
and service provider.
The annexation will provide the property with better Police,
Fire, EMS and Code Enforcement services. The property will
experience an increase in taxes, and stormwater assessment fees.
The City will receive additional revenue from property taxes
(base year value 1985) , stormwater assessment fees, and
associated utility taxes and franchise fees, which will result
in a net increase to the City of approximately $2,043.95 a year.
Concurrent with this annexation, a water service agreement is
being executed. This agreement will ensure that water is
available for development on the north parcel, and will provide
a mechanism for future annexation of that property.
The property has a number of deficiencies as they relate to the
Land Development Regulations. One of these, is the existing
billboard at the southwest corner of the property, which is
required to be removed upon annexation. Staff will work with
the property owner to obtain compliance. If the annexation is
approved, it is anticipated that a site plan submittal will
follow. With the site plan many of the existing deficiencies
will be eliminated.
A L T ERN A T I V E S ACT ION S .
.
A. Continue with direction.
B. Recommend approval of the annexation, small scale amendment
from C/8 to GC and an initial zoning designation of GC
(General Commercial).
C. Recommend denial of the annexation, small scale amendment
and initial zoning with the basis stated.
S T A F F R E COM MEN D A T ION:
Recommend approval of this annexation, small scale land use
amendment from C/8 to GC , and initial zoning designation of GC
(General Commercial) based upon positive findings with respect
to Section 3.1.1, Section 3.3.2, policies of the Comprehensive
Plan, and the following-:
.
,
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P & Z Board Staff Report
The Boy's Farmers Market - Voluntary Annexation
Page 13
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:
* Location Map
* Palm Beach County Property Appraiser's Map
* Survey
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