01-18-05 Agenda Reg
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City of Delray Beach
Regular Commission Meeting
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Tuesday _ January 18_ 2005
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
Phone: (561) 243-7000
Fax: (561) 243-3774
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. 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, unless permission to continue or again address the Commission is granted
by a majority vote of the Commission members present.
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City
Commission with respect to any matter considered at this meeting, such person
will need to ensure that a verbatim record includes the testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127, 24 hours prior to the event in order for the City to accommodate your
request. Adaptive listening devices are available for meetings in the
Commission Chambers.
1. ROLL CALL.
2. INVOCATION.
3. PLEDGE OF ALLEGIANCE TO THE FLAG.
4. AGENDA APPROVAL.
5. APPROVAL OF MINUTES:
· January 4, 2005 - Regular Meeting
· January 11,2005 - Special Meeting
6. PROCLAMATIONS:
· NONE
7. PRESENTATIONS:
· Free to Grow Presentation - Dr. Carmen Nicholas
8. CONSENT AGENDA: City Manager Recommends Approval.
A. RESOLUTION NO. 2-05: Approve Resolution No. 2-05 assessing costs for
abatement action required to remove nuisances on seven (7) properties throughout the
City.
B. ACCEPTANCE OF A RIGHT-OF-WAY DEED AND SIDEWALK
EASEMENT /1185 EAST ATLANTIC AVENUE: Approve and accept a right-of-
way deed and sidewalk easement associated with the 1185 East Adantic Avenue Site
Plan Modification, located at the northwest comer of East Adantic Avenue and
Andrews Avenue (1185 East Adantic Avenue).
C. RESOLUTION NO. 3-05: Approve Resolution No. 3-05 supporting the
strengthening of Chapter 791, Florida Statutes, relating to the regulation of fireworks.
D. ADDENDUM NO. 1/CONSULTING AGREEMENT/LANGTON
ASSOCIATES_ INC.: Approve Addendum No.1 to the consulting agreement with
Langton Associates, Inc. to provide for the extension of the agreement on a month to
month basis as previously approved by the Commission.
E. SPECIAL EVENT AGREEMENT /JOINT VENTURE: Approve an agreement
between the City and the J oint Venture for Joint Venture sponsored special events.
F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period
January 3, 2005 through January 14,2005.
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G. CONSENT TO SUBORDINATION OF MORTGAGE/CRISANTI DEED:
Approve the Subordination of Mortgage for the revised Crisanti Easement Deed.
H. AMENDMENT NO. 3/MATCH POINT, INC.: Consider approval of
Amendment No. 3 to the amended and restated agreement between the City and Match
Point, Inc. to allow a reduction in Match Point's charity contribution to the City's
charity fund for the 2004 and 2005 years from $50,000.00 to $25,000.00.
I. AWARD OF BIDS AND CONTRACTS:
1. Purchase award to Business information Systems, Inc. in the amount of
$18,663.50 to purchase the Digital Audio Recording System (FTR Gold)
including support services; and the purchase of one (1) laptop computer from
Dell in the amount of$1,619.32 for the City Clerk's Office. Funding is available
from 001-1411-512-64.90 (General Fund/Other Machinery/Equipment), 001-
1411-512-46.90 (General Fund/ Other Repair/Maintenance Costs), and 001-
1411-512-64.11 (General Fund/ Computer Equipment).
2. Purchase award to R&S Integrated Products and Services, Inc. in the amount of
$22,995.00 to purchase the EasyAgenda Software including support and
upgrades; and the purchase of eight (8) laptop computers from Dell and ten (10)
USB Drives from PC Universe in the amount of $13,424.56 for the paperless
agenda. Funding is available from 001-1411-512-66.10 (General
Fund/Software), 001-1411-512-46.90 (General Fund/Other Repair/
Maintenance Costs), 001-1111-511-64.11 (General Fund/Computer
Equipment), 001-1211-512-64.11 (General Fund/Computer Equipment), 001-
1802-512-64.11 (General Fund/Computer Equipment), and 001-1411-512-64.11
(General Fund/Computer Equipment).
3. Purchase award in the amount of $22,151.00 to Innovative Surveillance
Technology to upgrade outdated equipment on Police Department's Vice,
Intelligence, and Narcotics (VIN) Unit's undercover surveillance vehicle.
Funding is available from 115-2112-521-64.90 (Special Projects Funds/Law
Enforcement/Equipment/ Other).
4. Bid award to multiple vendors for the purchase of road construction materials
for the City via Co-op Bid #2004-43 at an estimated annual cost of $65,000.00.
Funding is available from various departments (Streets Division/Construction
Division) operating budget and capital project accounts.
9. REGULAR AGENDA:
A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION / AVENUE EAST: Consider an appeal of the Site Plan Review and
Appearance Board's decision regarding a Class V Site Plan, Landscape Plan, and
Architectural Elevations associated with the development of Avenue East (aka Grove
Square), located on the east side of S.E. 2nd Avenue, between East Adantic Avenue and
S.E. 1 st Street. (Quasi-Judicial Hearing)
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B. NEIGHBORHOOD ACTION PLAN/RAINBERRY WOODS: Consider
approval and the adoption of the Rainberry Woods Neighborhood Action Plan
presented by Lula Buder, Director, Community Improvement; Nancy Davila,
Horticulturist; and Kai Holmgren, President, Rainberry Woods Homeowners'
Association.
C. REOUEST TO REDUCE LIENS/CUEVAS: Consider a request from Mr. G.
Steven Brannock, representing Mr. Domingo Cuevas, to waive the interest and
administrative fees totaling $9,422.25 assessed for abating nuisances on three (3)
properties on N.W. 13th Avenue: 40 S.W. 13th Avenue, 35 N.W. 13th Avenue, and Lot
20, Block 1, Adantic Park Gardens on N.W. 13th Avenue. Mr. Cuevas is prepared to
pay the remaining lien of $7,996.08. Staff recommends approval.
D. ALTERNATIVE WATER SUPPLY FUNDING AGREEMENT/SOUTH
FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Consider approval
of an Alternative Water Supply Funding Program Agreement in the amount of
$150,000.00 with the South Florida Water Management District (SFWMD) establishing
the terms of administration of an Alternative Water Supply 50% matching grant for
construction costs related to the Phase I Reclaimed Water Transmission System Project.
E. POLICE AND FIREFIGHTER PENSION PLAN RETIREE SURVEY:
Consider the request from DROP participants that they be allowed to purchase the
increase from 3% to a 3.5% multiplier for Police and Firefighter Pension Plan retirees,
and proceed with requesting an Internal Revenue Service (IRS) letter ruling. Staff
recommends denial.
F. AGREEMENT /UNITED STATES TENNIS ASSOCIATION INC.(USTA)/
FED CUP TIE: Consider approval of a Host Facility Agreement with the United
States Tennis Association, Inc. (USTA) for the Fed Cup Tie to be held at the Tennis
Center on April 23-24, 2005.
G. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) student
member to the Education Board for a one (1) year term ending July 31, 2005. Based
upon the rotation system, the appointment will be made by Commissioner Costin (Seat
#1).
H. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL:
Appoint one (1) regular member to the Neighborhood Advisory Council for an
unexpired term ending October 31, 2005 for Zone Five. Based upon the rotation
system, the appointment will be made by Commissioner Levinson (Seat #3).
I. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint
one (1) regular member to the Planning and Zoning Board for an unexpired term
ending August 31, 2006. Based upon the rotation system, the appointment will be made
by Mayor Perlman (Seat #5).
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10. PUBLIC HEARINGS:
A. ORDINANCE NO. 75-04: Future Land Use Map Amendment (FLUM) from
County HR-8 (High Density Residential-8 dwelling units per acre) to City MD (Medium
Density Residential 5-12 dwelling units per acre) and annexation with initial City zoning
of RM-S (Medium Density Residential-S dwelling units per acre) for Gramercy, located
260 feet west of Military Trail and 710 feet south of West Adantic Avenue. (Quasi-
Judicial Hearing)
B. ORDINANCE NO. 79-04 (SECOND READING/SECOND PUBLIC
HEARING): Privately initiated amendment to Land Development Regulations (LDR)
Section 4.4.24, "Old School Square Historic Arts District" (OSSHAD), Subsection
4.4.24(B), "Principal Uses and Structures", and Subsection 4.4.24(F), "Development
Standards", to allow the permitted uses and development standards of the CBD
(Central Business District) zoning district to apply to the south 34.75 feet of Lot 6,
Block 75. (Quasi-Judicial Hearing)
C. ORDINANCE NO. 74-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
4.6.9(E), "Location of Parking Spaces", relating to in-lieu fees and amending Appendix
"A", "Definitions", by enacting a defmition for new development, redevelopment, and
in-fill development.
D. ORDINANCE NO. 1-05: An ordinance adopting the Community Redevelopment
Agency Plan Amendment.
E. ORDINANCE NO. 3-05: An ordinance amending Chapter 96, "Fire Safety and
Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the
Code of Ordinances to adjust the fee schedule for emergency medical transportation in
accordance with the National American Fee Schedule.
F. ORDINANCE NO. 80-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(B), "Applicability", to provide
a credit for parking under certain circumstances where a governmental entity acquires
property for public parking.
G. ORDINANCE NO. 78-04: City initiated amendment to Land Development
Regulations (LDR) Section 2.4.2(B), "Public Hearing Requirements", Section 2.4.3(A),
"Standard Application Items", Section 2.4.5(M), "Amendment to the Land
Development Regulations", Section 4.5.1 (C), "Designation Procedures", to provide for
the elimination of certain notices not required by state law and adding new public notice
requirements.
H. ORDINANCE NO. 2-05: An ordinance amending Chapter 34, "Elections", Section
34-01, "State Law to Govern", to "opt-out" of the provisions of Section 101.657,
Florida Statutes, the early voting requirements.
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11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. FIRST READINGS:
A. ORDINANCE NO. 77-04: City initiated amendment to Land Development
Regulations enacting Article 8.5, "Public Art", to establish a public art program. If
passed, a public hearing will be scheduled for February 1,2005.
B. ORDINANCE NO. 4-05: An ordinance amending Chapter 135, "Abatement of
Nuisances", Section 135.10, "Defmitions", to comply with the updated Florida Statute
893.138. If passed, a public hearing will be scheduled for February 1, 2005.
13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
POSTED: .JANUARY 14, 2005
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CITY COMMISSION
CITY OF DELRAY BEACH" FLORIDA
REGULAR MEETING - TUESDAY" JANUARY 18" 2005
6:00 P.M. - COMMISSION CHAMBERS
AGENDA ADDENDUM
THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
9. REGULAR AGENDA
J. PROPERTY ACQUISITION STATUS REPORT: The City Attorney will give a
report on the status of efforts to acquire various properties to implement the Parks Bond
Issue and to replace our Lake Ida Road storage facilities.
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Please be advised that if a person decides to appeal any decision made by the City Commission with
respect to any matter considered at this meeting, such person will need to ensure that a verbatim
record includes the testimony and evidence upon which the appeal is based. The City neither
provides nor prepares such record.
JANUARY 4.. 2005
A Regular Meeting of the City Commission of the City of Delray Beach,
Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City
Hall at 6:00 p.m., Tuesday, January 4, 2005.
1.
Roll call showed:
Present - Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent - Susan Ruby, City Attorney
Also present were - David T. Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Brian Shutt, Assistant City Attorney
Terrill Barton, Assistant City Attorney
Chevelle D. Nubin, City Clerk
2.
3.
gIven.
The opening prayer was delivered by Deputy Vice Mayor Levinson.
The Pledge of Allegiance to the flag of the United States of America was
4.
AGENDA APPROVAL.
Mayor Perlman noted that there is additional information for Item 9.B.,
Letter of Interest Survey and Appraisal for the Alzheimer Foundation Property and 10.A.,
Ordinance No. 68-04. In addition, Mayor Perlman stated he would like to add Item 9.1.,
Original Contract for Mickey Mantle.
Mr. Levinson stated he would like to move Item 8.D., Review of Appeal
Land Development Board Actions (SPRAB Item "G") of the Consent Agenda to the
Regular Agenda as Item 9.J.
Mr. Costin moved to approve the Agenda as amended, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said
motion passed with a 5 to 0 vote.
5.
APPROVAL OF MINUTES:
Ms. McCarthy moved to approve the Minutes of the Regular Meeting of
December 6, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as
01/04/05
follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman
- Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
Mr. Costin moved to approve and the Minutes of the Regular Meeting of
December 14, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted
as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin
- Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
6. PROCLAMATIONS:
6.A. St. Paul's Episcopal Church - 100th Anniversarv
Mayor Perlman read and presented a proclamation to Deacon Mary Beth
Wells. Deacon Mary Beth Wells came forward to accept the proclamation.
6.B. Calline for the First Nonpartisan Election to be held on March 8.. 2005
Mayor Perlman read and presented a proclamation to the City Clerk.
7.
PRESENTATIONS:
None.
8.
CONSENT AGENDA: City Manager Recommends Approval.
8.A. FINAL SUBDIVISION PLAT APPROV AL/912 PLAT: Approve the
three (3) lot minor subdivision 912 Plat, a re-plat of a portion of Lot 9, located on the
northwest comer ofN.W. 2nd Avenue and N.W. 9th Street.
8.B. ACCEPTANCE OF EASEMENT DEED/SAFE AND SECURE:
Approve and accept an easement deed providing a 12 foot wide easement over a water
main as part of the development approval of the Safe and Secure Project, located along
North Federal Highway.
8.C. GRANT APPLICATION/LAND AND WATER CONSERVATION:
Approve a grant application to Land and Water Conservation for funding in an amount up
to $200,000.00 for improvements to the Boy Scout Hut Park.
8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA
AS ITEM 9.J.
8.E. AWARD OF BIDS AND CONTRACTS:
1. Contract award to Tropic Fence, Inc. in the amount of $20,347.00
via the Palm Beach County Contract #04-127PR for the removal
and installation of 740' of fence at Miller Park. Funding is
available from 115-4101-572-63.90 (Special Projects Funds/Parks
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01/04/05
& Recreation/Other Improvements).
Mr. Costin moved to approve the Consent Agenda as amended, seconded
by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes;
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said
motion passed with a 5 to 0 vote.
9.
REGULAR AGENDA:
9.A. WAIVER REQUESTS/HIGHLAND GROVE ESTATES: Consider a
request of several waivers for Highland Grove Estates, located at the northwest comer of
Old Gennantown Road and Palm Cove Boulevard. (Quasi-Judicial Hearing)
Mayor Perlman read into the record the City of Delray Beach procedures
for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items.
Chevelle D. Nubin, City Clerk, swore in those individuals who wished to
give testimony on this item.
Mayor Perlman asked the Commission to disclose any ex parte
communications. No ex parte communications were disclosed.
Paul Dorling, Director of Planning and Zoning, entered the Planning and
Zoning project files #2004-049 and #2005-014 into the record.
Paul Dorling, Director of Planning and Zoning, stated on August 11, 2004,
the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan and
landscape plan associated with the construction of 13 fee-simple townhouse units
consisting of three (3) buildings to be known as Highland Grove Estates.
Pursuant to LDR Section 4.6.9(D)( c )(2), provision must be made to
provide 100 feet of clear stacking in advance of all guardhouses or security gates. The
distance from the right-of-way line to the electronically control gate panel for guests is
only 20 feet. The applicant has requested a waiver to reduce the required stacking
distance to 20 feet. LDR Section 4.6.9(D)(3)(c)(3) provides that the length of the
stacking area may be reduced when supported by a traffic study.
At this point, Chevelle D. Nubin, City Clerk, swore in the following
individual:
A representative from Vercon Construction Management, Inc. speaking on
behalf of Andrew Verzura stated he has worked with staff and is available for any
questions.
Mayor Perlman asked if anyone from the public would like to speak in
favor or in opposition of the waiver, to come forward at this time. There being no one
from the public who wished to address the Commission the quasi-judicial hearing was
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01/04/05
closed.
Mr. Costin moved to approve the five (5) waiver requests, seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes;
Mr. Costin - Yes; Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 4 to 1 vote, Commissioner Archer dissenting.
At this point, the City Manager expressed concern about the sidewalk
width.
9.B. LETTER OF INTEREST/SURVEY AND APPRAISAL OF
PROPERTY/ALZHEIMER FOUNDATION PROPERTY: Consider approval of a
Letter of Interest regarding the property adjacent to the Alzheimer facility, located on the
northwest corner of Lake Ida Road and Congress Avenue and authorization to proceed
with a survey and appraisal.
Brian Shutt, Assistant City Attorney, stated staff requests approval of the
Letter of Interest which would enable the City of Delray Beach to evaluate this site. In
addition, staff requests that the Commission authorize the City of Delray Beach to
conduct any surveys, appraisals, and site analysis or title examination. Staff requests that
the Alzheimer center not enter into any contracts for a period of 120 days and if they do
the City of Delray Beach has the right of first refusal.
Mrs. Archer moved to approve authorize the City Manager to send the
Letter of Interest as well as authorizing the City to conduct the title work, appraisals,
surveys or site analysis for this project, seconded by Mr. Levinson. Upon roll call the
Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.C. PROPOSAL FOR SETTLEMENT IN GOVERNMENT
TECHNOLOGY RESOURCES (GTR) v. CITY OF DELRAY BEACH: Consider a
Proposal for Settlement in the amount of $10,000.00 in Government Technology
Resources (GTR) v. City of Delray Beach. Staff recommendation is acceptance.
Brian Shutt, Assistant City Attorney, stated the City of Delray Beach
entered into an agreement with Government Technology Resources (GTR) on February
26, 2002 for the development of a web-enabled software package for code enforcement,
building pennits, business licenses and planning and zoning.
Mayor Perlman inquired as to why this did not work for the City of
Delray Beach.
The City Manager stated he has no concerns about GTR meeting with the
employees.
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01/04/05
Mr. Costin moved to approve the proposal for settlement in Government
Technology Resources (GTR) v. City of Delray Beach in the amount of $10,000.00,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer
- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - No; Mr. Costin -
Yes. Said motion passed with a 4 to 1 vote, Mayor Perlman dissenting.
9.D. MATCH POINT.. INC. CHARITY CONTRIBUTION: Consider a
request from Mark Baron requesting a reduction in the 2004 and 2005 minimum charity
contributions from Match Point, Inc.; and a request for a permanent reduction.
The City Manager stated Match Point, Inc. was adversely affected by the
two hurricanes in September 2004. The tournament came between the two hurricanes.
When the City amended its contract, the City increased its payment to Match Point, Inc.
and they in turn were going to raise $50,000 a year to a charity event connected with the
tournament to support non-profits that the City supports. Match Point is requesting
release from that and to reduce it to $25,000 for 2004 and 2005. The City Manager stated
Match Point has made the City aware that the possibility exists to have "Delray Beach"
painted on the court in exchange for a permanent reduction of the minimum charity
contribution to $25,000.00. However, he does not recommend doing this.
Mrs. Archer concurred with comments expressed by the City Manager.
Mrs. Archer moved to approve a reduction in the 2004 and 2005
minimum charity contributions from Match Point, Inc., seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed
with a 5 to 0 vote.
9.E. APPOINTMENT TO THE CODE ENFORCEMENT BOARD:
Appoint one (1) regular member to the Code Enforcement Board for a three year term
ending January 14, 2008. Based upon the rotation system, the appointment will be made
by Commissioner Archer (Seat #2).
Mrs. Archer moved to reappoint Beril Kruger as a regular member to the
Code Enforcement Board for a three year term ending January 14, 2008, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
9.F. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD:
Appoint one (l) alternate member to the Nuisance Abatement Board for an unexpired
term ending March 31, 2005. Based upon the rotation system, the appointment will be
made by Commissioner McCarthy (Seat #4).
Ms. McCarthy stated she wished to postpone her appointment to a date
certain of February 1, 2005.
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01/04/05
9.G. APPOINTMENTS TO THE PARKING MANAGEMENT
ADVISORY BOARD: Appoint two (2) Citizen-at-Large representatives for two year
terms ending January 31, 2007. Based upon the rotation system, the appointments will be
made by Commissioner McCarthy (Seat #4) and Mayor Perlman (Seat #5).
Ms. McCarthy moved to reappoint Troy Wheat as a Citizen-at-Large
Representative to the Parking Management Advisory Board for a two year term ending
January 31, 2007, seconded by Mr. Levinson. Upon roll call the Commission voted as
follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
Mayor Perlman stated he wished to reappoint Melvin Sacharow as a
Citizen-at-Large Representative to the Parking Management Advisory Board for a two
year tern ending January 31, 2007. Mr. Costin so moved, seconded by Mrs. Archer.
Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed
with a 5 to 0 vote.
9.H. RESOLUTION NO. 1-05: Consider approval of Resolution No. 1-05
supporting the modernization of the Boynton Inlet.
The caption of Resolution No. 1-05 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, SUPPORTING
THE MODERNIZATION OF THE BOYNTON INLET.
(The official copy of Resolution No. 1-05 is on file in the City Clerk's
office. )
The City Manager stated the City of Boynton Beach is seeking State
funding to study this possibility and requests the support of the City of Delray Beach. He
feels it would be beneficial and would make ocean access more readily available to
boaters. Therefore, the City Manager stated he recommends supporting the study.
Mr. Levinson moved to approve Resolution No. 1-05, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said
motion passed with a 5 to 0 vote.
9.1. CONTRACT/MICKEY MANTLE: Consider approval of acceptance of
a framed Mickey Mantle Contract from Fran Marincola.
Brian Shutt, Assistant City Attorney, recommended that the Commission
approve acceptance of a framed Mickey Mantle Contract and send a response letter to
Fran Marincola regarding the donation.
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01/04/05
Brief discussion followed by the Commission regarding insurance for the
value of the document and where it will be displayed.
Mayor Perlman stated the caveat is that Mr. Marincola would like this on
public display for the enjoyment of the residents.
Mr. Costin moved to approve to accept the gift and authorize the City
Manager to work out details for acceptance and display of the gift, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
9.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD
ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period December 13,2004 through December 31,2004.
Mr. Levinson moved to approve to appeal SPRAB's decision (Item "G"
Avenue East), seconded by Ms. McCarthy. Upon roll call the Commission voted as
follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer-
Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote.
Mr. Costin moved to approve to receive and file the balance of the report,
seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 6:40 p.m. the Commission moved to Item 12,
First Readings.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 1-05: An ordinance adopting the Community
Redevelopment Agency Plan Amendment. If passed, a public hearing will be scheduled
for January 18, 2005.
The caption of Ordinance No. 1-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, MODIFYING
THE COMMUNITY REDEVELOPMENT PLAN FOR
THE CITY OF DELRAY BEACH; FINDING THAT THE
MODIFICATIONS CONFORM TO THE COMMUNITY
REDEVELOPMENT ACT OF 1969, AS AMENDED;
FINDING THAT THE MODIFICATIONS ARE
CONSISTENT WITH THE CITY OF DELRA Y BEACH'S
COMPREHENSIVE PLAN, AND MAKING FURTHER
FINDINGS PURSUANT TO THE APPLICABLE
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REQUIREMENTS OF FLORIDA STATUTE 163.360;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 1-05 is on file in the City Clerk's
office. )
Mayor Perlman declared a conflict of interest and passed the gavel to Vice
Mayor McCarthy.
Brian Shutt, Assistant City Attorney, read caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the Community
Redevelopment Agency (CRA) establishes the projects and programs to be undertaken by
the CRA in the coming years. The CRA's first plan was adopted in 1986 and has been
amended several times since.
At its meeting of December 20, 2004, the Planning and Zoning Board held
a public hearing on the proposed Plan amendment and recommended adoption of the
amended Plan by a 5 to 0 vote (Diane Borchardt and Mark Krall absent).
Mr. Levinson moved to approve Ordinance No. 1-05 on FIRST Reading,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer-
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mr. Costin - Yes. Said motion passed
with a 4 to 0 vote.
At this point, Mayor Perlman returned to the dais and Vice Mayor
McCarthy passed the gavel back to Mayor Perlman.
12.8. ORDINANCE NO. 75-04: Future Land Use Map Amendment (FLUM)
from County HR-8 (High Density Residential-8 dwelling units per acre) to City MD
(Medium Density Residential 5-12 dwelling units per acre) and annexation with initial
City zoning of RM-8 (Medium Density Residential-8 dwelling units per acre) for
Gramercy, located 260 feet west of Military Trail and 710 feet south of West Atlantic
Avenue. Ifpassed, a public hearing will be scheduled for January 18, 2005.
The caption of Ordinance No. 75-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
ANNEXING TO THE CITY OF DELRA Y BEACH, A
PARCEL OF LAND LOCATED 710 FEET SOUTH OF
WEST ATLANTIC AVENUE AND 260 FEET WEST OF
MILITARY TRAIL, AS MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS;
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REDEFINING THE BOUNDARIES OF THE CITY TO
INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND;
AFFIXING AN OFFICIAL LAND USE DESIGNATION
OF MD (MEDIUM DENSITY RESIDENTIAL 5-12
DUlAC) FOR SAID LAND TO THE FUTURE LAND
USE MAP AS CONTAINED IN THE COMPEHENSIVE
PLAN; ELECTING TO PROCEED UNDER THE
SINGLE HEARING ADOPTION PROCESS FOR
SMALL SCALE LAND USE PLAN AMENDMENTS;
PROVIDING FOR THE ZONING THEREOF TO RM-8
(MEDIUM DENSITY RESIDENTIAL-8 UNITS PER
ACRE) DISTRICT; PROVIDING A GENERAL
REPEALER CLAUSE, PROVIDING A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 75-04 is on file in the City Clerk's
office. )
Brian Shutt, Assistant City Attorney read the caption of the ordinance and
announced since this involves a rezoning and if passed on first reading a quasi-judicial
hearing will be held on second reading at the January 18, 2005 meeting at 7:00 p.m.
Paul Dorling, Director of Planning and Zoning, stated this is a voluntary
annexation small scale future land use amendment and a rezoning from the County
designation to the City designation. Mr. Dorling stated the original request was for an
RM-I0 designation which would limit the maximum density of 10 units to the acre. The
applicant has gone through the public hearing process with the Planning and Zoning
Board and given the existing land use densities, staff recommends that RM -8 would be
more appropriate.
Brief discussion between staff and the Commission followed.
Bradley Miller, Miller Land Planning Consultants representing the
applicant, stated at the Planning and Zoning Board meeting they agreed to go with the
RM-8 zoning. Mr. Miller stated initially they started at 12 units per acre.
Mr. Costin moved to approve Ordinance No. 75-04 and change the RM-I0
zoning designation to RM-8 on FIRST Reading, seconded by Ms. McCarthy. Upon roll
call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0
vote.
12.C. ORDINANCE NO. 78-04: City initiated amendment to Land
Development Regulations (LDR) Section 2.4.2(B), "Public Hearing Requirements",
Section 2.4.3(A), "Standard Application Items", Section 2.4.5(M), "Amendment to the
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Land Development Regulations", Section 4.5.1(C), "Designation Procedures", to provide
for the elimination of certain notices not required by state law and adding new public
notice requirements. Ifpassed, a public hearing will be scheduled for January 18, 2005.
The caption of Ordinance No. 78-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 2.4.2(B),
"PUBLIC HEARING REQUIREMENTS", TO
PROVIDE FOR ELIMINATION OF CERTAIN
NOTICES NOT REQUIRED BY STATE LAW AND
ADDING NEW PUBLIC NOTICE REQUIREMENTS
AND BY PROVIDING THAT THE CONDUCT OF A
PUBLIC HEARING SHALL BE IN ACCORDANCE
WITH ADOPTED RULES; BY AMENDING
SECTION 2.4.3 (A), "STANDARD APPLICATION
ITEMS", TO PROVIDE FOR A CORRECT
REFERENCE TO CERTAIN NOTICE
REQUIREMENTS; BY AMENDING SECTION
2.4.5(M), "AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS", TO PROVIDE
FOR GRAMMATICAL CHANGES AND
CLARIFYING CERTAIN LIMITS FOR
AMENDMENTS TO THE LAND DEVELOPMENT
REGULATIONS; AMENDING 4.5.1 (C)(4) TO
PROVIDE THAT NOTICES FOR DESIGNATION OF
HISTORIC SITES OR DISTRICTS WILL CONFORM
TO THE NOTICES GIVEN FOR REZONINGS
EXCEPT THE PROPERTY NEED NOT BE POSTED;
PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 78-04 is on file in the City Clerk's
office. )
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Paul Dorling, Director of Planning and Zoning, stated the proposed text
amendment is provided to streamline the notification requirements to eliminate certain
notices not required by State Law and add new notices in keeping with the requests from
citizens; and to utilize the changes in technology to increase the City's ability to infonn
its citizens of public hearing items while reducing costs for notification through the
elimination of certain published advertisements.
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At its meeting of December 20, 2004, the Planning and Zoning Board held
a public hearing regarding the proposed text amendment. The Board voted 5-0 (Diane
Borchardt and Mark Krall absent) to recommend approval with minor grammatical
changes by adopting the findings of fact and law contained in the staff report and finding
that the request is consistent with the Comprehensive Plan and meets the criteria set forth
in Section 2.4.5(M) of the LDR's.
Mrs. Archer moved to approve Ordinance No. 78-04 on FIRST Reading,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
12.n. ORDINANCE NO. 2-05: An ordinance amending Chapter 34,
"Elections", Section 34-01, "State Law to Govern", to "opt-out" of the provisions of
Section 101.657, Florida Statutes, the early voting requirements. If passed, a public
hearing will be scheduled for January 18, 2005.
The caption of Ordinance No. 2-05 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 34, "ELECTIONS", SECTION
34.01, "STATE LAW TO GOVERN", EXEMPTING
ITSELF FROM THE PROVISIONS OF SECTION
101.657, F.S., SPECIFICALLY RELATED TO EARLY
VOTING; PROVIDING FOR RELETTERING;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 2-05 is on file in the City Clerk's
office.)
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Ms. McCarthy moved to approve Ordinance No. 2-05 on FIRST Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor
Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 5 to 0 vote.
12.E. ORDINANCE NO. 3-05: An ordinance amending Chapter 96, "Fire
Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation
Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical
transportation in accordance with the National American Fee Schedule. If passed, a
public hearing will be scheduled for January 18,2005.
The caption of Ordinance No. 3-05 is as follows:
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AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 96, "FIRE SAFETY AND
EMERGENCY SERVICES", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH,
BY AMENDING SECTION 96.66. "EMERGENCY
MEDICAL TRANSPORTATION FEES", SUBSECTION
96.66(A), TO ADJUST THE FEE SCHEDULE FOR
EMERGENCY MEDICAL TRANSPORTATION IN
ACCORDANCE WITH THE NATIONAL AMERICAN
FEE SCHEDULE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 3-05 is on file in the City Clerk's
office. )
Brian Shutt, Assistant City Attorney, read the caption of the ordinance.
Terrill Barton, Assistant City Attorney, stated the changes to the fee
schedules were approved by the City Commission at the last meeting. Mrs. Barton stated
this is more of a procedural thing so that the Code of Ordinances can be amended to
reflect the new fee schedule.
Mr. Levinson moved to approve Ordinance No. 3-05 on FIRST Reading,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin-
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman -
Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the Agenda.
to.
to.A. ORDINANCE NO. 68-04 (SECOND READING/SECOND PUBLIC
HEARING): Privately initiated amendment to Land Development Regulations (LDR),
4.4.3, "Single Family Residential (R-1) Districts", Article 4.5, "Overlay and
Environmental Management Districts" and Section 2.4.3 (K), "Fees", relating to the
creation of Design Guidelines in order to maintain the character of the North
Beach/Seagate and Ocean Neighborhood Overlay District Areas by regulating proposed
massing and scale of structures. Prior to consideration of passage of this ordinance on
Second and FINAL Reading, a public hearing has been scheduled to be held at this time.
PUBLIC HEARINGS:
The caption of Ordinance No. 68-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
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AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 2.4.3 (K), "FEES"; AMENDING
SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-
1) DISTRICTS"; AMENDING ARTICLE 4.5,
"OVERLAY AND ENVIRONMENTAL MANAGEMENT
DISTRICTS", BY ENACTING A NEW SECTION 4.5.12,
"NORTH BEACH/SEAGATE AND OCEAN
NEIGHBORHOOD OVERLAY DISTRICTS", IN ORDER
TO HELP REGULATE DEVELOPMENT SIZE,
MASSING AND SCALE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 68-04 is on file in the City Clerk's
office.)
The Assistant City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the laws of the State
of Florida and the Charter of the City of Delray Beach, Florida.
Brian Shutt, Assistant City Attorney, noted clarification to Section
4.5.12(A) - North Beach/Seagate and Ocean Neighborhood Overlay Districts of the
ordinance. It should read "This section is created to adopt and implement the provisions
of the (deleting the word "adopted") North Beach/Seagate and Ocean District
Neighborhood Overlay District, as defined in Section (B) below, shall take place
according to the provisions of the manual adopted herein and included as an Exhibit
hereto."
Paul Dorling, Director of Planning and Zoning, stated the proposed LDR
amendments have been initiated by the Beach Property Owners' Association (BPOA) and
were prompted by residents concerned about the adverse effect development trends could
have on the character of their neighborhoods. If approved, two overlay districts will be
created (1) The North Beach/Seagate District and (2) The Ocean Neighborhood District.
Small-scale renovations would not trigger the proposed guidelines.
Additions/renovations which exceed 50% of the square footage of the existing structure
would trigger the design guidelines. If the new addition/renovation is greater than 50%,
but less than 75% of the existing square footage, it would be considered a "major
renovation", and would follow the proposed rules.
At its meeting of November 15,2004, the Planning and Zoning Board held
a public hearing regarding the proposed text amendment. The majority of the public
testimony supported the proposal (15 residents) with 3 residents in favor of the proposed
amendment with some changes to allow flexibility. After discussing the amendment, the
Board voted 6-0 (Kincaide absent) to recommend approval of the proposed amendment.
Mayor Perlman declared the public hearing open.
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01/04/05
Cary Glickstein, representing the Beach Property Owners' Association
(BPOA) and as a member of the Design Guideline Task Force, thanked and commended
the Planning and Zoning Department in particular Paul Dorling, Director of Planning and
Zoning and Jeff Costello, Assistant Director of Planning and Zoning for their assistance
and cooperation. Secondly, Mr. Glickstein thanked the BPOA Trustees in particular Bob
Spavero for having the foresight and understanding the importance of this issue for the
beach area. Lastly, he thanked the Task Force members for all the time they put in to
help produce the design manual in particular Patsy Westall, Gary Eliopoulos, and John
Carlene (Urban Design Studio). Mr. Glickstein gave a brief presentation regarding the
Design Guidelines.
Russell Scott, (present this evening with Jon Carleen) stated the Design
Guidelines manual for the North Beach and Seagate Neighborhoods was created as a
mechanism for preserving the unique residential character of these neighborhoods and he
gave a brief presentation of the manual.
Kevin Warner, 248 Venetian Drive, Delray Beach, supports this
wholeheartedly and stated this is a wonderful process. He thanked Mayor Perlman for
his involvement and support.
Bob Hersey, 1010 Poinsettia Road, Delray Beach, member of BPOA,
supports the ordinance and thanked the Commission.
Pat Dwayne, Delray Beach, stated she has been in Delray Beach since
1953 and has witnessed many changes. She supports the Design Guidelines and this
ordinance.
Jean Beer, 2145 S.W. 26th Terrace, Delray Beach, congratulated the
BPOA and stated she hopes other neighborhoods will use this as a template because in
her opinion this will make Delray successful long-term.
Patsy Westall, 1102 Seaspray Avenue, Delray Beach, strongly supports
the Design Guidelines and stated the process was incredible and very open. She read into
the record a poem she wrote.
Rita Ellis, 512 Andrews Avenue, Delray Beach, stated she served as the
Chairman of the Task Force and urged the Commission to support.
Bernie Dahlem, 622 Seasage Drive, Delray Beach, stated he has lived in
Delray Beach in 1976 and has witnessed many changes. He feels this is a very timely
endeavor because it is going to ensure as people get two-story homes that they manage
the change and that it is done well.
Jim Zengage, 1223 Sandoway Lane, Delray Beach, stated he has lived in
the beach area for 20 years and wholeheartedly supports this project.
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01/04/05
Kate Rucquoi, speaking on behalf of the younger generation, hopes Delray
Beach maintains its charm and character for future generations.
Elaine Morris, 1046 Melaleuca Road, Delray Beach, supports the Design
Guideline manual for new construction; however, she does not feel it is flexible enough
for an existing house. She feels there still needs to be some tweaking done to this and
expressed concern over the "open space".
Laura Finn, 411 Andrews Avenue, Delray Beach, stated she has lived in
Delray Beach for 18 years and strongly supports the Design Guidelines for the North
Beach/Seagate and Ocean Neighborhood Overlay District areas. She urged the
Commission to support this ordinance.
Kathy Fazio, 1118 Harbor Drive, Delray Beach, strongly supports this
ordinance.
Gerry Franciosa, 939 Eve Street, Delray Beach, representing PROD,
stated the PROD Board of Directors unanimously endorsed this ordinance and urged the
Commission to do so as well. He commended all individuals including the Mayor and
the Commission and especially the BPOA and the Design Guidelines Task Force for
spear heading this initiative. Mr. Franciosa stated several residential communities have
taken it upon themselves with their own time and money to develop building design
criteria for developers to follow.
Steve Miskew, 1012 Vista Del Mar Drive, Delray Beach, wholeheartedly
endorses these efforts to preserve the character of Delray Beach by limiting mass and
scale. He expressed concern over the interpretation issues for renovations.
Cari Shipley, 1210 Vista Del Mar, Delray Beach, stated she has lived in
Delray Beach since 1960 because of the charming atmosphere and wholeheartedly
supports this ordinance.
Wendy Overton, 2525 Pelican Lane, Gulf Stream, stated the Town of Gulf
Stream adopted these guidelines in 1995 and has seen nothing but quality versus quantity,
integrity of neighborhoods, and the property values have soared. She stated the most
important thing is to keep the character and family-oriented neighborhoods.
Stacey Winick, 328 Andrews Avenue, Delray Beach, urged the
Commission to help keep the integrity of what is already here and stated these guidelines
will help to keep the quality.
Ian C. Hansen, 1221 Laing Street, Delray Beach, stated he is a 20 year
resident of the neighborhood and urged the Commission to move forward with this
ordinance.
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01/04/05
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 68-04, the public hearing was closed.
Mr. Levinson stated it is his understanding that an appeal to the Board of
Adjustment (BOA) would be made on those things that would traditionally get a BOA
variance (setbacks, etc.) but that a design criteria would come as SPRAB does now to the
Commission.
Brief discussion between Mr. Scott and Commissioner Levinson followed.
After discussion, Mr. Dorling stated if there was a denial by SPRAB that
did not relate to a regulation he would like to see continue it come before the
Commission as does any SPRAB denials. Therefore, it would go to the Commission
instead of going to the Board of Adjustment (BOA).
Prior to the vote, Mayor Perlman publicly commended the BPOA for their
incredible efforts.
Mrs. Archer moved to adopt Ordinance No. 68-04 with the revised
language as outlined by the Assistant City Attorney on Second and FINAL Reading,
seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes.
Said motion passed with a 5 to 0 vote.
10.B. ORDINANCE NO. 67-04 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR),
4.3.4(J)(4), "Increases to Height Regulations", to limit the area in the CBD (Central
Business District) available for an increase in height and to modify the criteria which
must be met to support an increase in height in all areas where increases in height are
allowed. Prior to consideration of passage of this ordinance on Second and FINAL
Reading, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 67-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.3.4, "BASE DISTRICT
DEVELOPMENT STANDARDS", SUBSECTION
(J)(4), "INCREASES TO HEIGHT REGULATIONS",
TO LIMIT THE AREA IN THE CBD AVAILABLE
FOR AN INCREASE IN HEIGHT AND TO MODIFY
THE CRITERIA WHICH MUST BE MET TO
SUPPORT AN INCREASE IN HEIGHT; PROVIDING
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01/04/05
A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 67-04 is on file in the City Clerk's
office.)
The Assistant City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the laws of the State
of Florida and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated this proposed
amendment will further enhance the recent amendment to the OSSHAD zoning district
by creating a 150' buffer that will not allow an increase in height (between 48' and 60')
where property zoned CBD (Central Business District) abuts a zoning district having a
maximum height of 35'. The proposal is to eliminate the criterion that states that "a
demonstrable need that, in order to accommodate the nature of a particular use or a
particular matter or type of construction, a greater than normal space between floors or
height of story is necessary." This particular criterion is ambiguous and subjective,
especially when it comes to the determining when "normal space between floors or
height of a story is necessary". However, the proposal does include the following
additional criteria: (1) That workforce housing is provided within the development in a
manner consistent with the provisions of Chapter 4.7.5(a) and (d); and, (2) That a
minimum of 50% of the ground floor building frontage consist of nonresidential uses
(excluding parking).
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment
must be based upon a finding that the amendment is consistent with and furthers the
Goals, Objectives, and Policies of the Comprehensive Plan. The proposed amendment is
consistent with and furthers the Goals, Objectives and Policies of the Comprehensive
Plan.
At its meeting of November 11, 2004, the Community Redevelopment
Agency (CRA) Board reviewed and recommended approval of the proposed LDR text
amendment; at its meeting of November 3, 2004, the Pineapple Grove Main Street
(PGMS) Executive Board reviewed and recommended approval of the proposed LDR
text amendment; at its meeting of November 3, 2004, the Historic Preservation Board
(HPB) reviewed and recommended approval of the proposed LDR text amendment; and
at its meeting of November 8, 2004, the Downtown Development Authority (DDA)
Board reviewed and recommended approval of the proposed LDR text amendment (5-1)
with the following conditions: (1) That the criteria relating to the interior space
enhancements not be included; and, (2) That the ground floor along the street frontage
should be non-residential use and not parking. At its meeting of November 15, 2004, the
Planning and Zoning Board held a public hearing regarding the proposed text amendment
and after discussing the item with a 6-0 vote to recommend approval.
Mayor Perlman declared the public hearing open.
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01/04/05
Jean Beer, 2145 S.W. 26th Terrace, Delray Beach, congratulated the
Commission and the Planning staff for changing the language that was in the original
ordinance. She stated that everything that applies to the Beach Overlay District also
applies to downtown. Mrs. Beer commented about an article in the Wall Street Journal
today it said, "Place to Visit Delray Beach" because of the beaches and the pedestrian
friendly downtown. She stated the article went on to explain how Delray is unique and
different. She stated if Delray is going to be kept as a unique place to visit it will not be
done by building high rises downtown.
Carolyn Zimmerman, 212 S.W. 2nd Avenue, Delray Beach, stated the
Design Guidelines for the beach are wonderful.
Gerry Franciosa, 939 Eve Street, Delray Beach, representing Progressive
Residents of Delray (PROD), stated the Board of Directors unanimously endorses this
ordinance and commend the Mayor, the Commissioners, and the Planning and Zoning
staff in particular Jeff Costello, Assistant Planning Director for their help with developing
this ordinance.
There being no one else from the public who wished to address the
Commission regarding Ordinance No. 67-04, the public hearing was closed.
Mr. Levinson moved to adopt Ordinance No. 67-04 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes;
Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
to.C. ORDINANCE NO. 70-04 (SECOND READING/SECOND PUBLIC
HEARING): City initiated amendment to Land Development Regulations (LDR)
Sections 4.4.9, "General Commercial", and 4.4.12, "Planned Commercial", to add
churches, or places of worship, as a Conditional Use subject to certain regulations and
providing similar regulations for clubs and lodges; and amending Section 4.4.13, "Central
Business (CBD) District", to delete clubs and lodges as a Conditional Use. Prior to
consideration of passage of this ordinance on Second and FINAL Reading, a public
hearing has been scheduled to be held at this time.
The caption of Ordinance No. 70-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.9(D), "CONDITIONAL
USES AND STRUCTURES ALLOWED", TO ALLOW
CHURCHES, OR PLACES OF WORSHIP, AND THEIR
ATTENDANT FACILITIES AS A CONDITIONAL USE
AS WELL AS PROVIDING A MAXIMUM SIZE FOR
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CHURCHES OR PLACES OF WORSHIP, CLUBS AND
LODGES; AMENDING SECTION 4.4.9(H), "SPECIAL
REGULATIONS", PROVIDING FOR A MINIMUM
SEPARATION BETWEEN SUCH USES FOR BOTH
CHURCHES OR PLACES OF WORSHIP, CLUBS AND
LODGES; AMENDING SECTION 4.4. 12(H) "SPECIAL
REGULATIONS" PROVIDING FOR A MINIMUM
SEPARATION BETWEEN SUCH USES FOR BOTH
CHURCHES OR PLACES OF WORSHIP, CLUBS AND
LODGES AMENDING SECTION 4.4. 13(D),
"CONDITIONAL USES AND STRUCTURES
ALLOWED", TO DELETE CLUBS AND LODGES AS A
CONDITIONAL USE; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 70-04 is on file in the City Clerk's
office. )
The Assistant City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the laws of the State
of Florida and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated churches or places
of worship have been determined to be analogous to clubs and lodges (both assembly
type uses that operate on an intermittent basis), under the "Religious Land Use and
Institutionalized Persons Act of 2000" (RLUIP A), the "equal terms" provision of the law
requires that "churches or places of worship" be accommodated in a manner similar to
clubs and lodges which are currently allowed as conditional uses in the GC, PC, CBD
and CBD-RC zoning districts. The proposed text amendment adds churches or places of
worship as a conditional use in the GC and PC zoning districts, deletes clubs and lodges
from the CBD and CBD-RC zoning districts, provides floor area limitations (3,500
square feet) and minimum separation limitations of 750 feet airline route from lot line
boundary for both uses.
Mr. Dorling stated the Downtown Development Authority (DDA)
recommended approval of the proposed amendment at their meeting of November 8,
2004; the Community Redevelopment Agency (CRA) recommended approval at their
meeting of November 11, 2004; Pineapple Grove Main Street (PGMS) Executive Board
recommended approval at their November 8, 2004 meeting; and the West Atlantic
Avenue Redevelopment Coalition (W ARC) recommended approval at their meeting of
November 10, 2004. At its meeting of November 15, 2004, the Planning and Zoning
Board recommended approval of the proposed amendment.
Mr. Dorling stated Palm Beach County has a square footage of a minimum
of 3,000 square feet of gross floor area or 150 seats; West Palm Beach has some
minimum site dimensions which apply and minimum distances between residential
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01/04/05
properties and some maximum lot coverage. Mr. Dorling stated Boynton Beach and
Boca Raton do not have certain restrictions on churches.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance 70-04, the
public hearing was closed.
Mr. Costin moved to adopt Ordinance No. 70-04 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
to.D. ORDINANCE NO. 74-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
4.6.9(E), "Location of Parking Spaces", relating to in-lieu fees and amending Appendix
"A" "Definitions", by enacting a definition for new development, redevelopment, and in-
fill development. If passed, a second public hearing will be scheduled for January 18,
2005. Prior to consideration of passage of this ordinance on First ReadinglFirst Public
Hearing, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 74-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION
OF PARKING SPACES" TO PROVIDE FOR CHANGES
IN THE IN-LIEU PARKING FEE, ALTERNATNES TO
PURCHASING IN-LIEU FEE PARKING SPACES, AND
AMENDING THE IN-LIEU FEE DISTRICT MAP TO
REFLECT EXPANSION OF AREA 2; AMENDING
APPENDIX "A" BY ENACTING A DEFINITION FOR
"NEW DEVELOPMENT AND IN-FILL
DEVELOPMENT"; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN
EFFECTNE DATE.
(The official copy of Ordinance No. 74-04 is on file in the City Clerk's
office. )
The Assistant City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the laws of the State
of Florida and the Charter of the City of Delray Beach, Florida.
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01/04/05
Paul Dorling, Director of Planning and Zoning, stated at its meeting of
September 21, 2004, staff presented Ordinance No. 35-04 which contained recommended
changes to the in-lieu parking fee section of the LDR. After discussion, the City
Commission denied the ordinance over concerns with limiting the number of in-lieu
spaces and the shared parking program. At their meeting of November 9,2004, the City
Commission directed staff to do this by eliminating those two provisions.
At their meeting of November 16, 2004, the Parking Management
Advisory Board unanimously recommended approval of the proposed changes. At their
meeting of December 9, 2004, the Community Redevelopment Agency (CRA)
unanimously recommended approval of the proposed ordinance. This item was presented
to the Downtown Development Authority (DDA) at their meeting of December 13,2004.
The Board supported the proposed modifications and there was a concern with regards to
the two (2) year prohibition for new construction. The Planning and Zoning Board
considered this item and recommended approval.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 74-04,
the public hearing was closed.
Mr. Levinson stated he does not understand why the DDA was
uncomfortable with the provision because he feels it is reasonable.
Rita Ellis, Chairman of the DDA, stated the concern expressed by the
Board members was that this could potentially leave commercial buildings vacant for two
years and the parking requirements could change. She reiterated that the Board was
concerned about the two year moratorium.
Prior to the vote, Mayor Perlman stated the DDA has some valid points.
Mr. Levinson stated most of the developers that have come before the
Commission so far have allocated a certain percentage of the space to restaurant.
Mayor Perlman stated the proper philosophy on parking is to not try and
squelch the demand but approach it from trying to meet the supply. He commented about
a parking matrix and stated there are many opportunities for parking downtown.
Mrs. Archer suggested where things are proposed staff may want to put
the anticipated completion dates.
Mr. Levinson stated he used the County garage on New Year's Eve and it
was great.
Mr. Levinson moved to adopt Ordinance No. 74-04 on First Reading/First
Public Hearing, seconded by Mr. Costin. Upon roll call the Commission voted as
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follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson -
Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
to.E. ORDINANCE NO. 79-04 (FIRST READING/FIRST PUBLIC
HEARING): Privately initiated amendment to Land Development Regulations (LDR)
Section 4.4.24, "Old School Square Historic Arts District" (OSSHAD), Subsection
4.4.24(B), "Principal Uses and Structures", and Subsection 4.4.24(F), "Development
Standards", to allow the permitted uses and development standards of the CBD (Central
Business District) zoning district to apply to the south 34.75 feet of Lot 6, Block 75. If
passed, a second public hearing will be scheduled for January 18, 2005. Prior to
consideration of passage of this ordinance on First Reading/First Public Hearing, a public
hearing has been scheduled to be held at this time.
The caption of Ordinance No. 79-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)",
SUBSECTION 4.4.24(B), "PRINCIP AL USES AND
STRUCTURES" TO INCLUDE AN ADDITIONAL
PROPERTY THAT IS ALLOWED THE PERMITTED
USES OF THE CBD ZONING DISTRICT; AMENDING
SUBSECTION 4.4.24(F), "DEVELOPMENT
STANDARDS", TO INCLUDE AN ADDITIONAL
PROPERTY IN THE OSSHAD DISTRICT THAT IS
SUBJECT TO THE STANDARDS OF THE CBD
ZONING DISTRICT; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 79-04 is on file in the City Clerk's
office.)
The Assistant City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the laws of the State
of Florida and the Charter of the City of Delray Beach, Florida.
Commissioner Costin declared a conflict of interest and stepped down
from the dais.
Paul Dorling, Director of Planning and Zoning, stated a development
proposal has been submitted for Lots 5 through 8 and 13 through 16, Block 75 of the
Town of Delray subdivision for a mixed-use development (commercial and residential
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01/04/05
uses). Lots 13 through 16 are zoned CBD and Lots 5 through 8 are zoned OSSHAD.
Lots 7 and 8 are subject to the CBD development regulations while Lots 5 and 6 are
subject to the development standards of OSSHAD. Accompanying the development
request was an LDR text amendment to include Lot 5 and Lot 6 in the list of properties
that could be pursuant to the CBD development standards.
At its meeting of September 15, 2004, the Historic Preservation Board
(HPB) recommended approval of this LDR text amendment. At its meeting of September
27, 2004, the Planning and Zoning Board recommended denial of the text amendment.
At its meeting of November 2, 2004, the City Commission considered this text
amendment and postponed the ordinance on first reading at the request of the applicant.
The applicant has revised the LDR text amendment proposal. The request now includes
only the south 34.75' of Lot 6 as the property which could be developed pursuant to the
allowed uses and development standards of the CBD zoning district. The remainder of
Lot 5 and Lot 6 would continue to be developed under the OSSHAD district regulations
providing a transition between CBD to the south and OSSHAD to the north.
The Community Redevelopment Agency (CRA) considered the text
amendment at its meeting of December 9, 2004 and unanimously (4-0) recommended
approval. The Pineapple Grove Main Street Executive Committee considered the LDR
text amendment and recommended approval at its meeting of December 1, 2004. At its
meeting of December 15, 2004, the Historic Preservation Board (HPB) considered the
LDR text amendment to Sections 4.4.24(B) & (F), and the Board unanimously
recommended approval. At its meeting of December 20, 2004, the Planning and Zoning
Board held a public hearing and the Board voted 4-1 (Kincaide dissenting) to recommend
approval of the proposed amendment to the LDR's Sections 4.4.24(B) and (F), by
adopting the findings of fact and law contained in the staff report and finding that the
request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR
Section 2.4.5(M)(5).
Mayor Perlman declared the public hearing open.
Michael Weiner, Attorney with Weiner & Aronson, P.A. speaking on
behalf of the applicant, stated he will give a presentation at the second reading.
There being no one from the public who wished to address the
Commission regarding Ordinance No. 79-04, the public hearing was closed.
Mrs. Archer moved to approve Ordinance No. 79-04 on First
Reading/First Public Hearing, seconded by Mr. Levinson. Upon roll call the Commission
voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Perlman - Yes. Said motion passed with a 4 to 0 vote.
10.F. ORDINANCE NO. 71-04 (SECOND READING/SECOND PUBLIC
HEARING): An ordinance designating The DeWitt Estate, 1110 North Swinton
Avenue, located between N.W. 11th Street and N.W. lih Street on the west side of North
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01/04/05
Swinton Avenue, to the Local Register of Historic Places. Prior to consideration of
passage of this ordinance on Second and FINAL Reading, a public hearing has been
scheduled to be held at this time.
The caption of Ordinance No. 71-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
DESIGNATING THE DEWITT ESTATE, LOCATED AT
1110 NORTH SWINTON AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN, AS A LOCAL
HISTORIC SITE; PROVIDING FOR THE
AMENDMENT OF THE "ZONING MAP OF DELRA Y
BEACH, FLORIDA, JULY, 2004"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 71-04 is on file in the City Clerk's
office. )
The Assistant City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the laws of the State
of Florida and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated the subject
residence was designed by the noted architect, Gustav Mass, in what was termed,
"Virginia Colonial Farmhouse Style." The R.C. Lawson contracting firm completed
construction of the house on the associated property in 1936 for Marshall and Jeanette
Butts DeWitt, and the structure remains architecturally sound to this day. The DeWitt's
themselves made several contributions to Delray Beach. Mr. De Witt served as both a
City Commissioner and Mayor and helped create the Lake Worth Drainage District
among other services. The structure is outside the boundaries of the five existing historic
districts; however it is located within the boundaries of the proposed Northwest Swinton
Avenue Historic District. The residence is unique and would be a good addition to the
Local Register of Historic Places as an individually listed property.
At its meeting of October 20, 2004, the Historic Preservation Board (HPB)
set a public hearing date of November 3, 2004, to discuss the proposed designation and
provide a recommendation to the City Commission for the individual historic property
listing. At its meeting of November 3, 2004, the HPB voted unanimously (7-0) to
forward a recommendation of approval to the City Commission to list the Dewitt Estate
(1110 North Swinton Avenue) in the Local Register of Historic Places.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 71-04,
the public hearing was closed.
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01/04/05
Mr. Costin moved to adopt Ordinance No. 71-04 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes;
Mr. Costin - Yes. Said motion passed with a 5 to 0 vote.
to.G. ORDINANCE NO. 80-04 (FIRST READING/FIRST PUBLIC
HEARING): An ordinance amending Land Development Regulations (LDR) Section
4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(B), "Applicability", to provide
a credit for parking under certain circumstances where a governmental entity acquires
property for public parking. If passed, a second public hearing will be scheduled for
January 18, 2005. Prior to consideration of passage of this ordinance on First
Reading/First Public Hearing, a public hearing has been scheduled to be held at this time.
The caption of Ordinance No. 80-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING ARTICLE 4.6, "SUPPLEMENTAL
DISTRICT REGULATIONS" OF THE LAND
DEVELOPMENT REGULATIONS BY AMENDING
SECTION 4.6.9, "OFF-STREET PARKING
REGULATIONS", SUBSECTION (B)
"APPLICABILITY" BY CREATING A NEW
SUBSECTION 4.6.9(B)(4) PROVIDING A CREDIT FOR
PARKING UNDER CERTAIN CIRCUMSTANCES
WHERE A GOVERNMENTAL ENTITY ACQUIRES
PROPERTY FOR PUBLIC PARKING, PROVIDING
FOR RENUMBERING; PROVIDING A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 80-04 is on file in the City Clerk's
office. )
The Assistant City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the laws of the State
of Florida and the Charter of the City of Delray Beach, Florida.
Paul Dorling, Director of Planning and Zoning, stated in order to acquire
lands for parking, it is in the public interest to credit the private property owner from
whom the land is acquired with parking spaces it has vested rights to which are then
transferable to other properties owned by the same property owner within 300 feet of the
property acquired by the government entity for public parking. The distance of 300 feet
was derived from and is consistent with the distance requirement currently in the LDR's
associated with off-site parking agreements. The Goals, Objectives and Policies of the
City's Comprehensive Plan were reviewed and the amendment specifically furthers
Future Land Use Element Policy C-3.2, Future Land Use Element Objective C-4, Future
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01/04/05
Land Use Element Policy C-4.1, Future Land Use Element Policy C-4.2 and Future Land
Use Element Policy C-4.3.
At their meeting of December 20, 2004, the Planning and Zoning Board
unanimously recommended approval of the proposed ordinance. At its meeting of
December 21, 2004, the Parking Management Advisory Board (PMAB) unanimously
recommended approval of the proposed ordinance. The amendment is scheduled for
review by the Community Redevelopment Agency (CRA) at their meeting of January 13,
2005, and the results will be reported to the City Commission on second reading at the
January 18, 2005 meeting.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 80-04,
the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 80-04 on First Reading/First
Public Hearing, seconded by Mr. Costin. Upon roll call the Commission voted as
follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin -
Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
10.H. ORDINANCE NO. 81-04: An ordinance amending Chapter 35,
"Employee Policies and Benefits", Section 35.095, "Contributions of Participant and
City" Subsection (A), "Participants Contribution Account", by amending Section
35.095(A)(4) "Applicability to Bargaining Unit Employees", to provide that the
contribution by the National Conference of Firemen and Oilers (NCF&O) shall be 2.5%
and that in no event will the employee contribution be less than 2.5% or greater than
4.5%, based on actuarial requirements. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held
at this time.
The caption of Ordinance No. 81-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING SECTION 35.095, "CONTRIBUTIONS OF
PARTICIPANT AND CITY", SUBSECTION 35.095(A),
"PARTICIPANT'S CONTRIBUTION ACCOUNT", BY
AMENDING SECTION 35.095(A)(4), "APPLICABILITY
TO BARGAINING UNIT EMPLOYEES", TO PROVIDE
FOR THE PARAMETERS FOR EMPLOYEE
CONTRIBUTIONS FOR MEMBERS OF THE
BARGAINING UNIT REPRESENTED BY THE
NATIONAL CONFERENCE OF FIREMEN AND
OILERS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE
DATE.
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01/04/05
(The official copy of Ordinance No. 81-04 is on file in the City Clerk's
office.)
The Assistant City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the laws of the State
of Florida and the Charter of the City of Delray Beach, Florida.
The City Manager stated this ordinance implements the most recent
Collective Bargaining Agreement with the National Conference of Firemen and Oilers
(NCF&O).
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 81-04,
the public hearing was closed.
Mrs. Archer moved to adopt Ordinance No. 81-04 on Second and FINAL
Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes. Said motion passed with a 5 to 0 vote.
10.1. ORDINANCE NO. 76-04: An ordinance amending Chapter 112 "Alarm
Systems", Section 112.21, "Application for Alarm Registration; Reporting Changes to
Required Information", to provide for and require annual updates in information;
amending Section 112.26, "Response to Alarm; Alarm User Responsibility; Alarm
Malfunction and Corrective Action", by enacting a new Subsection 112.23(A) to require
verification for intrusion and burglar alarms. Prior to consideration of passage of this
ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held
at this time.
The caption of Ordinance No. 76-04 is as follows:
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH, FLORIDA,
AMENDING CHAPTER 112 "ALARM SYSTEMS",
SECTION 112.21, "APPLICATION FOR ALARM
REGISTRATION; REPORTING CHANGES TO
REQUIRED INFORMATION; TO PROVIDE FOR AND
TO REQUIRE ANNUAL UPDATES IN INFORMATION;
AMENDING SECTION 112.26, "RESPONSE TO
ALARM; ALARM USER RESPONSffiILITY; ALARM
MALFUNCTION AND CORRECTIVE ACTION", BY
ENACTING A NEW SUBSECTION 112.26(A);
PROVIDING THAT ALL RESIDENTIAL OR
COMMERCIAL BURGLARY/OR INTRUSION
ALARMS SYSTEMS THAT HAVE CENTRAL
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01/04/05
MONITORING SHALL HAVE A CENTRAL
MONITORING VERIFICATION CALL MADE PRIOR
TO THE ALARM MONITORING PERSONNEL,
CONTACTING THE POLICE DEPARTMENT FOR
ALARM DISPATCH; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 76-04 is on file in the City Clerk's
office.)
The City Attorney read the caption of the ordinance. A public hearing was
held having been legally advertised in compliance with the laws of the State of Florida
and the Charter of the City of Delray Beach, Florida.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Ordinance No. 76-04,
the public hearing was closed.
Mr. Costin moved to adopt Ordinance No. 76-04 on Second and FINAL
Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes. Said motion passed with a 5 to 0 vote.
10.J. RESOLUTION NO. 91-04: Consider approval of Resolution No. 91-04
authorizing the City to purchase two lots to connect Southridge Road to Zeder Avenue as
part of the infrastructure improvements identified in the Southridge/SW 4th Avenue
Redevelopment Plan; and Contract for Sale and Purchase between the City and Faterry L.
Cleckley and Sharon C. Cleckley in the amount of $78,000.00. Prior to consideration of
passage of this resolution, a public hearing has been scheduled to be held at this time.
The caption of Resolution No. 91-04 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA,
AUTHORIZING THE CITY TO PURCHASE FROM
SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, DESCRIBED AS
SOUTHRIDGE LOTS 18 AND 19 & EAST Yí OF THE
ABANDONED CENTRAL AVENUE LYING WEST OF
AND ADJACENT TO BLOCK 10 AS MORE
PARTICULARLY DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE
CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE DELRA Y BEACH COMMUNITY
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01/04/05
DEVELOPMENT CORPORATION AND THE CITY OF
DELRA Y BEACH, FLORIDA.
(The official copy of Resolution No. 91-04 is on file in the City Clerk's
office.)
A public hearing was held having been legally advertised in compliance
with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida.
Brian Shutt, Assistant City Attorney, stated this resolution authorizes the
City to purchase two lots for the amount of $78,000.00 and noted the appraised value is
$70,000.00.
Mayor Perlman declared the public hearing open. There being no one
from the public who wished to address the Commission regarding Resolution No. 91-04,
the public hearing was closed.
Mr. Levinson asked if the neighborhood is aware that this is being done.
The City Manager stated that the neighborhood was very much involved in the
development of the entire redevelopment of this area and requested that the City do this.
Mr. Costin moved to approve Resolution No. 91-04, seconded by Ms.
McCarthy. Upon Toll call the Commission voted as follows: Mayor Perlman - Yes; Mr.
Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said
motion passed with a 5 to 0 vote.
At this point, the Commission moved to Item 11, Comments and
Inquiries on Non-Agenda Items from the City Manager and the Public.
11.A.
City Mana2er's response to prior public comments and inquiries.
The City Manager had no response to prior public comments and
Inqulnes.
11.B.
From the Public.
l1.B.1. Carolyn Zimmerman.. 212 S.W. 2nd Avenue.. Delray Beach.. thanked
Mayor Perlman for running again and stated he has done a good job.
II.B.2. Gerry Franciosa.. 939 Eve Street.. Delray Beach.. introduced himself as
the President of Progressive Residents of Delray (PROD) and stated PROD has been the
civic watchdog organization in Delray Beach for the past twenty years. The mission of
PROD is to represent the interest of all the residents of Delray Beach before public
bodies particularly the City Commission. PROD will inform Delray Beach residents of
relevant policy under consideration by City leaders. It is imperative that PROD and City
leaders have an understanding to mutually discuss and resolve issues beneficial to all the
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01/04/05
residents without criticism or confrontations. In order to accomplish that goal, there must
be a means of communication between the Commission and PROD. Mr. Franciosa
extended himself publicly to the Commission and stated he is willing to adhere to the
ground rules that the Commission wishes to establish in order to achieve this goal and
emphasized that PROD is a non-political organization.
13.
13.A.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS_
City Manaeer
With regard to Mrs. Archer's concerns about gaps in the Holiday parade,
the City Manager stated most of the gaps arise from two different things; one from bridge
openings and the other is keeping Federal Highway (Northbound and Southbound) open
because the parade has to be stopped occasionally in order to allow traffic to flow. The
City Manager stated unless the route is changed he feels the parade will continue to have
gaps.
13.B. City Attornev
The Assistant City Attorney had no comments or inquiries on non-agenda
items.
13.C.
13.C.I.
City Commission
Mr. Costin
Mr. Costin stated he has been humbled and honored to have served as a
Delray Beach City Commissioner for the past two years. He stated he is now ready to
spend more time with family and pursue and fulfill personal dreams/goals. Therefore,
Mr. Costin announced that he will not be seeking another term on the Delray Beach City
Commission.
13.C.2.
Mrs. Archer
Mrs. Archer apologized for missing many of the activities around the
holidays and stated she spent a lot of time with her 18 month old granddaughter.
Secondly, at the last Metropolitan Planning Organization (MPO) meeting,
she expressed Delray's concern about the fact that the City has such a tremendous
distance between Military Trail and Congress Avenue on Linton Boulevard without a bus
stop. Mrs. Archer stated she expressed her concern because the MPO is encouraging
people to take public transportation and she feels Delray Beach was totally eliminated
and could not do anything because of the access for the canal and the Lake Worth
Drainage District (LWDD). The MPO agreed that they would write a letter to the LWDD
and try and work out a way to provide at least two bus stops in this location.
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01/04/05
13.C.3.
Ms. McCarthv
Ms. McCarthy stated she just returned from Georgia and also missed a lot
of the activities as well. She stated this was the first time in many years her entire family
was in one place at the same time.
Secondly, Ms. McCarthy congratulated Mayor Perlman and
Commissioner Levinson for re- filing.
Ms. McCarthy stated it has been an honor and a pleasure to have spent the
past two years with Commissioner Costin. She stated Mr. Costin has done his seat great
pride with his own compassion and straightforwardness on many issues and she wishes
him the best.
13.C.4.
Mr. Levinson
Mr. Levinson stated he has had the great pleasure of getting to know Mr.
Costin much better than he ever did and only regrets not having done that sooner. He
stated Mr. Costin focused on long-term views, strategies, commitment, and the fact that
he was a long-term resident.
Secondly, Mr. Levinson commented on a newspaper article and stated he
was pleased to see that Dorothy Ellington continues to do terrific things. He stated Mrs.
Ellington has now brought in a credit counseling service to Carver Estates to help those
people who are going to be displaced and commended her for ajob well done.
He commented about a letter he received from Mr. Miller regarding train
horns.
Mr. Levinson stated the City of Delray Beach continues to receive
accolades of thanks much in part to Mayor Perlman who communicates with Mr. Otis
White. Mr. White has featured Delray Beach in his newsletter. In addition, Mr.
Levinson commented about another article in the newsletter "How to be a Sore Head"
regarding criticism of local government and elected officials.
Mr. Levinson commented about the memo regarding Representative
Hasner's roundtable.
He inquired about the status of the parking garage at Old School Square
and stated if something is not done soon he suggested that the City move forward with an
eminent domain proceeding. Diane Colonna, Executive Director of the CRA, stated the
CRA met with the Loves and their attorney and they were receptive to the proposal. The
Love's Attorney is preparing a letter regarding the costs, etc.
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01/04/05
13.C.5.
Mavor Perlman
Mayor Perlman announced that there will be a retirement party for
Sergeant Matthew "Bump" Mitchell tomorrow from 2:00-3 :00 p.m. at the Police
Department. He is leaving employment with the City of Delray Beach after 37 years of
servIce.
Secondly, Mayor Perlman stated he received an email today from a
Councilwoman in Washington who spent the holidays in Delray Beach and she marveled
about the downtown. He stated they have a similar strip they are looking to rejuvenate
and are dealing with many of the same issues Delray Beach was dealing with ten years
ago.
Mayor Perlman stated he has enjoyed every moment of serving with Mr.
Costin. He stated he has a lot of respect for someone who steps into the arena and a
tremendous amount of respect for past Commissioners. Mayor Perlman commended Mr.
Costin for doing a great job while serving as Commissioner and stated he will be missed.
There being no further business, Mayor Perlman declared the meeting
adjourned at 8:50 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
infonnation provided herein is the Minutes of the Regular City Commission Meeting held
on January 4, 2005, which Minutes were fonnally approved and adopted by the City
Commission on
City Clerk
- 32-
01104/05
NOTE TO READER:
If the Minutes you have received are not completed as indicated above, this means they
are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval which may involve some amendments, additions
or deletions as set forth above.
- 33 -
01/04/05
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS
lAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIl, COMMISSION. AUTHORITY, OR COMMmEE
Costin. Robert Delrav Beach City Commission
MAlUNG ADDRESS THE BOARD, COUNCIl, COMMISSION, AUTHORITY OR COMMITTEE ON
362 N.E. 5th Avenue WHICH I SERVE IS A UNIT OF:
CITY COUNTY a: CITY a COUNTY a OTHER lOCAL AGENCY
Delray Beach, Florida Palm Beach NAME OF POlITICAL. SUBOMSION:
DATE ON WHICH VOTE OCCURRED City of Delray Beach
1/4/05 MY POSITION IS:
IX ELECTIVE a APPOINTlVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city. or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this fonn before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the offICer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
.
.
.
.
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn with the person responsible for recording the min-
utes of the meeting, who should incorporate the fonn in the minutes.
.
.
.
.
.
.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and file this fonn (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side)
CE FORM 88 - EFF. 112000
PAGE 1
ITEM IOE
APPOINTED OFFICERS (continued)
- -
· A copy of the fonn must be provided immediately to the other members of the agency.
· The fonn must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting. who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency. and the form must be read publicly at the next meeting after the fonn is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I.
Roþert Costin
. hereby disclose that on
January 4
.20~:
(a) A measure came or will come before my agency which (check one)
X inured to my special private gain or loss;
inured to the special gain or loss of my business associate.
inured to the special gain or loss of my relative.
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
. by
, which
Financial Interest in affected properties.
1/4/05
~ ./ ~---h ~
~/ ~ ¿7"; ~ ,.
Signature
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMqVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION, REDUCTION IN SAlARY, REPRIMAND, OR A
CIVIL PENAlTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 112000
PAGE 2
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNT'l MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
lAST NAME-FIRST NAME-MIDDlE NAME
Per1man Jeff
MAlUNG ADDRESS
971 Delra Lakes Drive
CITY
Delray Beach
DATE ON WHICH VOTE OCCURRED
COUNTY Palm Beach
NAME OF BOARD. COUNCil. COMMISSION. AUTHORITY. OR COMMITTEE
Cit Commission
THE BOARD. COUNCil. COMMISSION. AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
a COUNTY a OTHER lOCAl AGENCY
NAME OF POlmCAl SUBDMSION:
City of Delray Beach
MY POSITION IS:
1i ELECTIVE
a APPOINTIVE
1 4 05
WHO MUST FILE FORM 88
This foon is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council.
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112_3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity .
For purposes of this law, a "relative- includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A -business associate- means any person or entity engaged in or carrying on a business
enterprise with the offICer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
*
*
*
*
*
*
*
*
*
*
*
*
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes. : .
*
*
*
*
*
*
*
*
*
.
.
*
*
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you othelWise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
· You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes oftha meeting, who will incorporate the foon in the minutes. (Continued on other side)
ce FORM 88 - EFF. 112000
L~ \:1.-\\
PAGE 1
APPOINTED OFFICERS (continued)
· A copy of the form must be provided immediately to the other members of the agency.
· The fonn must be read publicty at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the fonn in the minutes. A copy of the fonn must be provided immediately to the other members of the
agency, and the fonn must be read publicly at the next meeting after the fonn is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, .Jeff Perlman
, hereby disclose that on
January 4
, 20~:
(8) A measure came or will come before my agency which (check one)
X inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of
whom I am retained; or
inured to the special gain or loss of
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
, by
, which
My wife Diane Colonna is tbe Executive Director of the Community Redevelopment
Agency (CRA).
\\4\~
, "
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF. 1/2000
PAGE 2
SPECIAL MEETING
JANUARY 11, 2005
A Special Meeting of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:00 p.m.,
on Tuesday, January 11,2005.
Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Bob Costin
Commissioner Alberta McCarthy
Mayor Jeff Perlman
Absent -
Commissioner Jon Levinson
Also present were - City Manager David T. Harden
City Attorney Susan A. Ruby and
City Clerk Chevelle D. Nubin
Mayor Perlman called the meeting to order and announced that it had been called for
the purpose of considering the following item:
1. AUTHORIZATION FOR SUPERVISOR OF ELECTIONS TO HANDLE/
CANVASS ABSENTEE AND PROVISIONAL BALLOTS AND REPRESENT
THE CITY AT LOGIC AND ACCURACY TESTS FOR THE FIRST NON-
PARTISAN ELECTION: Authorize the Palm Beach County Supervisor of Elections to
handle and canvass the City's absentee and provisional ballots for the March 8, 2005 First
Non-Partisan Election, and represent the City at the requisite Logic and Accuracy tests.
Mr. Costin moved to authorize the Supervisor of Elections to handle/canvass the City's
absentee and provisional ballots and represent the City at the Logic and Accuracy tests for
the First Non-Partisan Election for the March 8, 2005 election, seconded by Ms. McCarthy.
Upon roll call, the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Ms.
McCarthy - Yes; Mayor Perlman - Yes. Said motion passed 4-0.
2. JOINT VENTURE/SPECIAL EVENT CHARGES: Consider a request from the Joint
Venture to adjust charges for City services and overtime for Special Events.
Mr. Barcinski introduced the item and stated Bill Wood and Marjorie Ferrer were present to
make their request formally. The Commission is being requested to consider a different rate
charge from a non-profit rate for the Joint Venture for events they sponsor which are the
Art & Jazz on the Avenue, Summer Nights and the Balloon Glow. Currendy and in the
past, we have had policies and procedures in which the Joint Venture was treated as a non-
profit. With the January changes and charges to the policies and procedures, their rate goes
up considerably. He stated he presented the Commission with options to consider as listed
in the agenda backup.
Mr. Barcinski stated he recommends entering into a separate agreement as we have for the
Christmas Tree, Fourth of July and First Night. Bill Wood gave a brief history and overview
regarding the Joint Venture and their partnership with the City to bring people to the
downtown area. He stated now under the new schedule the Joint Venture has to pay twice
as much. Mr. Wood stated if they have to pay these costs, then they would have to look at
the numbers of the activities sponsored by the J oint Venture which will affect the downtown
activity .
Mr. Costin moved to approve Option No.4, seconded by Ms. McCarthy. Upon roll call, the
Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman -
Yes; Mr. Costin - Yes. Said motion passed 4-0.
3. CONTRACT CANCELLATION/DAYTECH MANUFACTURING_ INC.:
Consider authorizing the cancellation of the contract with Day tech Manufacturing, Inc. for
the construction and installation of bus shelters and authorize staff to re-bid the project.
Brian Shutt stated this was a contract that the City entered into for bus shelters in February
2004 and Day tech proceeded along slowly. Before the Holidays, we received word from
Day tech that they were having difficulty obtaining a subcontractor in this area to do concrete
work. We had further negotiations with them and based upon the fact that their parent
company is in bankruptcy in Canada now. Mr. Shutt stated he spoke with the president of
the company and their bankruptcy attorney who do not have a problem with canceling the
contract. However, they would like to do the bus shelter portion. Staff feels it would be
better to re-bid the contract for everything and start over.
Mayor Perlman stated this is disappointing since we have lost a year on bus shelters. He
asked when the re-bidding would begin. Dick Hasko, Environmental Services Director,
stated the biggest hold up was the bid documents themselves specifically regarding the
concrete work.
Mr. Costin asked if we were in jeopardy with the County regarding our contract with them.
Scott Aronson stated he sent a request to obtain a written approval for an extension of the
grant funding beyond the 180 days to the signing of the Interlocal agreement. He stated he
asked for a one year extension to November 15, 2005.
Mrs. Archer asked if it would be possible to set the bid to ask for an April 1 st start.
Ms. McCarthy asked about the results of bidding this out as two separate contracts.
Mr. Costin moved to authorize the cancellation of the contract with Day tech Manufacturing,
Inc. and authorize staff to re-bid the project, seconded by Ms. McCarthy. Upon roll call, the
Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin -
Yes; Mrs. Archer - Yes. Said motion passed 4-0.
2
January 11, 2005
Mayor Perlman declared the Special Meeting adjourned at 6: 15 p.m.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Special Meeting of the City Commission held on
Tuesday, January 11, 2005, which Minutes were formally approved and adopted by the City
Commission on January 18, 2005.
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated above, this
means they are not the official Minutes of the City Commission. They will become the official
Minutes only after review and approval, which may involve amendments, additions or deletions to
the Minutes as set forth above.
3
January 11, 2005
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # gf:\. - REGULAR MEETING OF JANUARY 18, 2005
RESOLUTION NO. 2-05
TO:
SUBJECT:
DATE:
JANUARY 14,2005
This is a resolution assessing costs for abatement action required to remove nuisances on seven (7)
properties throughout the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against
the properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 2-05.
AgmemoCE.ResNo 2-05
· '
RESOLUTION NO.
2-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH, ASSESSING COSTS FOR
ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE
CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE
A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS.
WHEREAS, the City Manager or his designated representative has, pursuant to
Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon
certain lots or parcels of land, described in the list attached hereto and made a part
hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of
Ordinances of the City of Delray Beach, the City Manager or his designated
representative has inspected said land(s) and has determined that a nuisance existed in
accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and
did furnish the respective owner(s) of the land(s) described in the attached list with
written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the
Code of Ordinances describing the nature of the nuisance(s) and sent notice that within
ten (10) days from the date of said notice forty-two (42) days in the case of violation
of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a
written request for a hearing to review the decision that a nuisance existed within ten
(10) days from the date of said notice, failing which the City of Delray Beach would
proceed to correct this condition by abating such nuisance, and that the cost thereof
would be levied as an assessment against said property; and,
WHEREAS, the property owner(s) named in the list attached hereto and made a
part hereof did fail and neglect to abate the nuisance(s) existing upon their
respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22
within the time limits prescribed in said notice and Chapter 100 of the Code of
Ordinances, or if the property owner (s) did request and receive a hearing, said
property owner (s) failed and/or neglected to abate such nuisance (s) within the time
designated at the hearing wherein a decision was rendered adverse to the property
owner(s}; and,
WHEREAS, the City of Delray Beach, through the City Administration or such
agents or contractors hired by the City Administration was therefore required to and
did enter upon the land(s) described in the list attached and made a part hereof and
incurred costs in abating the subject nuisance(s) existing thereon as described in the
notice; and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the
City commission a report of the costs incurred in abating said nuisance{s) as
aforesaid, said report indicating the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to
Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance{s)
against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the City's cost of
abating the aforesaid nuisances upon the lots or parcels of land described in said
report, a copy of which is attached hereto and made a part hereof, are hereby levied
against the parcel(s) of land described in said report and in the amount(s) indicated
thereon. Said assessments so levied shall, if not paid within thirty (30) days after
mailing of the notice described in Sec. 3, become a lien upon the respective lots and
parcel(s) of land described in said report, of the same nature and to the same extent
as the lien for general city taxes and shall be collectible in the same manner as
mortgages and foreclosures are under state law.
Section 2. That such assessments shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to immediately mail by first class mail to the owner(s) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that the
City Commission of the City of Delray Beach on the has
levied an assessment against said property for the cost of abatement of said nuisance
by the City, and that said assessment is due and payable within thirty (30) days after
the mailing date of said notice of assessment, after which a lien shall be placed on
said property, and interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums. A Notice of Lien shall be
mailed, along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein shall become due and
payable thirty (30) days after the mailing date of the notice of said assessment{s),
after which a lien shall be placed on said property(s), and interest shall accrue at
the rate of eight (8) percent per annum plus, if collection proceedings are necessary,
the costs of such proceedings including a reasonable attorney's fee.
Section 5. That in the event that payment has not been received by the City
Clerk within thirty (30) days after the mailing date of the notice of assessment, the
Ci ty Clerk is hereby directed to record a certified copy of this resolution in the
public records of Palm Beach County, Florida, and upon the date and time of recording
2
Res. No. 2-05
of the certified copy of this resolution a lien shall become effective on the subject
property which shall secure the cost of abatement I interest at the rate of 8% I and
collection costs including a reasonable attorney's fee.
PASSED AND ADOPTED
I 2005.
in
regular
session
on
this
day of
MAYOR
ATTEST:
City Clerk
3
Res. No. 2-05
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
SEC 17-46-43, E 50 FT OF W 583 FT OF S 140 FT OF
N 165 FT OF N 1/2 OF NW 1/4 OF SW 1/4 OF NW 1/4,
PB 1, P 3, OFFICIAL RECORDS OF PALM
BEACH COUNTY, FL
(1410 NW 2ND STREET) REGINALD CALDWELL
12-43-46-17-00-000-3080 1410 NW 14TH STREET
CUST 10 # 10722 DELRA Y BEACH, FL 33444 $ 84.00
$ 55.00 ADM FEE
DELRA Y SHORES, LOT 8, BLOCK 11, PB 28, P 2,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(2533 ANGLER DRIVE)
12-43-46-07 -01-011-0080 JEAN JOURDAN
CUST 10 # 10720 2533 ANGLER DRIVE
DELRA Y BEACH, FL 33445 $ 70.75
$ 55.00 ADM FEE
TROPIC ISLE 3RD SECTION, LOTS 411 & 412,
PB 26, P 36, PUBLIC RECORDS OF PALM
BEACH COUNTY, FL
(FLORIDA BLVD) KATHARINE D. MARTENS
12-43-46-28-03-000-4110 589 DEERFIELD DRIVE
CUST 10 # 8844 MELBOURNE, FL 31940-1947 $ 95.00
$ 55.00 ADM FEE
SOPHIA FREY ADD, LOT 3, BLOCK 3, PB 4, P 37
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(811 NE 7TH AVEUE) FRANCES HAYES
12-43-46-09-16-003-0030 RD # 1 BOX 347-A
CUST 10 # 10227 BOLIVAR, P A 15923-9672 $ 57.50
$ 55.00 ADM FEE
ODMANNS SUB, LOT 12, BLOCK 1, PB 4, P 5,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL MARIH HAYES ESTATE
(20 NW 13TH AVENUE) c/o WILLIE GOODMAN, JR.
12-43-46-17 -28-001-0120 687 PENNINGTON AVENUE
CUST ID # 383 TRENTON, NJ 08618-3011 $ 70.75
$ 55.00 ADM FEE
4
Res. No. 2-05
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
SUB OF SECTION 8-46-43, S 135 FT OF E 60 FT OF
W 250 FT OF SW 1/4 OF TR 5, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(709 NW 4TH STREET) JONIE WELLS
12-43-46-08-21-005-0130 310 WASHINGTON AVENUE
CUST ID # 6694 DELRA Y BEACH, FL 33444 $ 81.75
$ 55.00 ADM FEE
TOWN OF DELRAY, 100 FT OF E 135 FT/LESS RD
RIO/W OF BLOCK 98, PB 65, P 189
PUBLIC RECORDS OF PALM BEACH COUNTY, FL 200 NE 5TH AVE LLC
(200 NE 5TH AVENUE) clo J.L. GREENBERG
12-43-46-16-01-098-0010 4800 N FEDERAL HWY #304-D
CUST ID # 10466 BOCA RATON, FL 33431
$ 81.75
$ 55.00 ADM FEE
VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE
OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED
NUISANCE
5
Res. No. 2-05
r------
---......-.--.---. -----.........----....-----------
:~
CITY COMMISSION DOCUMENTATION
DAVID T. H~En
CITY MANA~ a..u.-f ~<:
PAUL DORLlNG, DIRECTOR OF ~NING AND ZONING
SCOTT PAPE, SENIOR PLANNER~ cr--
MEETING OF JANUARY 18, 2005 **CONSENT AGENDA**
ACCEPTANCE OF RIGHT-OF-WAY DEED AND SIDEWALK
ASSOCIATED WITH THE 1185 EAST ATLANTIC AVENUE
MODIFICATION.
C-~ . - --.---- --- --_····-¡CTION REQUESTËii OF 'cïTŸ- COMMISsïoN -----.-.-
TO:
THRU:
FROM:
SUBJECT:
EASEMENT
SITE PLAN
The action requested of the City Commission is acceptance of a right-of-way deed for Andrews Avenue
and sidewalk easement associated with 1185 East Atlantic Avenue, located at the northwest corner of
East Atlantic Avenue and Andrews Avenue (1185 East Atlantic Avenue).
r, -----.- - -:---
L_ -
____eo__ .. ____eo_.. __..
.. ------ ---... ---...... .. ---.. -~----_.
..__·....--..~1
BACKGROUND
At its meeting of May 10, 2000 the Site Plan Review and Appearance Board (SPRAB) approved the
Class III site plan modification for 1185 East Atlantic Avenue subject to conditions that the eastern 10' of
the subject property be dedicated for Andrews Avenue right-of-way and that a sidewalk easement be
provided for the eastern 5' of the remaining property. The required right-of-way for Andrews Avenue is
60' and 16' currently exists. Therefore, pursuant to LDR Section 5.3.1 (D) (Right-of-Way Dimensions)
and the Transportation Element of the Comprehensive Plan, the applicant is required to dedicate the
necessary portions of land in order to provide the required right-of-way. The Development Services
Management Group and City Engineer supported a reduction of the required right-of-way to 36'. The
right-of-way deed has been reviewed and approved by the City Attorney's Office for legal form and
sufficiency.
Following approval of the site plan modification, these conditions of approval were never addressed and
the site plan was not certified. However, the improvements associated with the site plan modification
were completed. It appears that the applicant inadvertently constructed these improvements under the
false impression that the building permit for the adjacent property at 1155 East Atlantic Avenue, which is
also owned by the owner of the subject property, included 1185 East Atlantic Avenue. Consequently, the
conditions need to be addressed and the site plan modification certified.
r'-- - .-.~--=~~. ._- .. --~ .:~ - ------u~~~.__ -
.--.----.. .----- -. ....--
--
RECOMMENDED ACTION
-.---..- .--
- f
Accept the 10' right-of-way deed for Andrews Avenue and 5' sidewalk easement associated with the
1185 East Atlantic Avenue property by adopting the findings of fact and law contained in the attached
SPRAB staff report, and that the acceptance is consistent with the Comprehensive Plan and meets the
criteria set forth in Section 5.3.1 (D)(4) of the Land Development Regulations.
Attachments:
CJ Andrews Avenue Right-of-Way Deed & Sidewalk Easement
CJ SPRAB staff report dated May 10, 2000
~ß
Prepared By:
Louis 1. Carbone, Esq.
Law Offices of Louis J. Carbone, P.A.
65 NE 4th Avenue
Delray Beach, Florida 33483
Record and Return to:
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
RIGHT-OF-WAY DEED AND SIDEWALK EASEMENT
THIS INDENTURE made this ~ day of ~CP~\1e.v 200 ~ between 1165 of
Del ray , LLC., a Florida Limited Liability Company, having an address at 254 Katonah
Avenue Katonah New York 10536 , as party of the first part and THE CITY OF DELRAY
BEACH, a municipal corporation existing under the laws of the State of Florida, 100 N.W. 1st
Avenue Delray Beach, Florida 33444, as party of the second part.
WITNESSETH:
That said party of the first part, for and in consideration of the sum of One Dollar ($1.00)
and other valuable considerations paid, receipt of which is hereby acknowledged, does hereby
grant, remise, release, quit claim and convey unto the party of the second part, its successors
and assigns, all right, title, interest, claim and demand which the party of the fIrst part has in
and to the following-described land, situate, lying and being in the County of Palm Beach,
State of Florida, to-wit:
SEE EXHIBIT " A" A TT AHCED HERETO AND MADE A PART HEREOF
mIS Deed is made for the purpose of giving and granting to the party of the second part,
its successors and assigns, a ten (10') foot right-of-way along Andrews Avenue and a five (5')
foot sidewalk easement in and to said lands for utility, public highway or street purposes; and
is made, executed, and delivered with the express understanding and condition that should the
same ever be discontinued or abandoned as a public highway or street, the title to same shall
thereupon revert to and revest in the party of the first part or assigns.
That this right-of-way shall be subject only to those easements, restrictions, and
reservation of record. That the party of the first part agrees to provide for the release of any
and all mortgages or liens encumbering this right-of-way. The party of the first part also
agrees to erect no building or effect any other kind of construction or improvements upon the
above-described property except for landscaping as permitted by the party of the second part.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it,
that it has good right and lawful authority to grant the above-described right-of-way and that
the same is unencumbered. Where the context of this Right-of-way Deed allows or permits,
the same shall include the successors or assigns of the parties.
1
TO HA VE AND TO HOLD THE SAME, together with all and singular the
appurtenances thereto belonging or in anywise incident or appertaining, and all the estate,
right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity
to the only proper use, benefit, and behalf of the said party of the second part, its successors
and assigns.
IN WITNESS WHEREOF, said party of the first part has hereunto set its hand and
seal the date first above written.
Signed, sealed, and delivered
in the presence of:
PARTY OF THE FIRST PART
1165 OF DELRAY, LLC
Witnesses:
~\S> :S:«G1~
(print or Type Name)
~{~~
~~~ &~~
(print or Type Name)}
BY:~~
CHARLES ROSNER, Managing Member
_.
STATE OF Ft-o(L.~\P~
COUNlY OF ~ (\~ ~Ct~
The foregoing instrument was acknowledged before me this ~day of~\1ß1'" , 20011
by CHRLES ROSNER, Managing Member 65 OF DELRA Y, LLC. a Florida limited liability
company on behalf of the company. He is ersonally known t e or has produced identification
(type ofi en 1 catIon) as identification and (did/did not) take an
oath.
....~~r~ Alicia Aguila
t.""â\f: MY COMMISSION # 00171637 EXPIRES
:...,:.~.:cf¡ December 15, 2006
" ':~$" 80t.lDEOTHI?UTROYFAININSlIRANCE.1NC.
6·~ 4~
Signature of Notary Public
p~ T0:0~~~~otary Pubhc
2
EXHIBIT A
RIGHT OF WAY
The north seven (7') feet of the following described parcel:
The East 5 feet of Lot 2 and all of Lots 3 and 4, Block 109, TOWN OF
DELRA Y, formerly Linton, according to the Plat thereof, as recorded in Plat
Book 1 at Page 3, of the Public Records of Palm Beach County, Florida.
SIDW ALK EASEMENT
The South 2.90 feet of the North 9.90 feet of the following described parcel
The East 5 feet of Lot 2 and all of Lots 3 and 4, Block 109, TOWN OF
DELRA ¥, formerly Linton, according to the Plat thereof, as recorded in Plat
Book 1 at Page 3, of the Public Records of Palm Beach County, Florida.
3
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CJ1
RESOLUTION NO. 3-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, SUPPORTING THE
STRENGTHENING OF CHAPTER 791, FLORIDA STATUTES,
RELATING TO THE REGULATION OF FIREWORKS IN THE
STATE OF FLORIDA
WHEREAS, an estimated 9,300 fireworks related injuries m 2003 were treated in the
emergency rooms of many of our United States hospitals; and
WHEREAS, a study conducted by the United States Consumer Product Safety Commission
in June, 2004 reported that an estimated 6,800 fireworks related injuries occurred during a one
month period surrounding the July 4, 2003 holiday; and
WHEREAS, the estimated annual cost of these fireworks related injuries is estimated to be
$100,000,000.00; and
WHEREAS, according to a National Fire Protection Association report, 12 persons died
from fireworks related causes during 1999; and
WHEREAS, these 1999 fireworks related fires caused an estimated $17.2 million in property
damage; and
WHEREAS, Chapter 791, Florida Statutes, relating to the regulation of fireworks, has not
undergone a comprehensive legislative review since its inception in 1941; and
WHEREAS, loopholes have been identified which are being used by the fireworks industry
to circumvent the current law and allow for the purchase of illegal fireworks.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Delray Beach recommends that Chapter 791,
Florida Statutes, relating to the regulation of fireworks in the State of Florida be strengthened to
eliminate these loopholes which will result in the reduction of injuries and property loss associated
with the use of these fireworks.
?$e..
PASSED AND ADOPTED this 18th day of January, 2005.
ATTEST:
City Clerk
2
MAYOR
Res. No.1-OS
DI<
C1
[IT' DF DELRA' IEA[H
FIRE-RESCUE DEPARTMENT
DELRAY BEACH
~
All-America City
, III t!
1993
2001
SERVING DELRAY BEACH · GULF STREAM · HIGHLAND BEACH
.eIIV!D
JAM 1 0 2005
CItY MAMAGER
MEMORANDUM
TO: David T. Harden, City Manger
FROM: Kerry B. Koen, Fire Chief
SUBJECT: Proposed Fireworks Resolution
DATE: January 7, 2005
I have reviewed the proposed resolution which will be presented to the City
Commission during their Workshop on January 11, 2005. The matter of closing the
various loopholes which have found their way into current state law regulating the
sale/purchase of fireworks in Florida is something we would like to encourage at every
level.
As you know, current "exemptions and wavers" provide ample opportunity for
wide-spread purchase of fireworks by anyone willing to attest to an intended "excepted
use". Control of the use of fireworks after purchase is next to impossible to deal with in a
local jurisdiction due to the level of product saturation. In my opinion, the matter as it
now stands is exceedingly dangerous and, quite frankly, out of control statewide.
We stand ready to assist in any way possible to bring this matter back into some
form of reasonableness and to minimize the potential of injuries and property loss in our
community and the state.
Il ~.l
K~oen
Fire Chief
,.
cc: Chief Schroeder - Police Department
Asst. Chief Adams - Fire-Rescue Department
FIRE-RESCUE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
(561) 243-7400· FAX (516) 243-7461
Pnnted on Recycled Paper
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER m1
AGENDA ITEM # ~ 5 ~ .. SPECIAL MEETING OF JANUARY 11_ 2005
PROPOSED FIREWORKS RESOLUTION
TO:
SUBJECT:
I
DATE:
JANUARY 7, 2005
This is before Commission to discuss the attached Proposed Fireworks Resolution. The resolution
supports strengthening Chapter 791, Florida Statutes, to eliminate loopholes which will result in the
reduction of injuries and property loss associated with the use of fireworks. Chief Koen has reviewed
the resolution and supports its adoption.
s: \City Clerk\agenda memos \Fireworks Res.Ot. t t.05
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1/11 ()~~
Proposed Fireworks Resolution
WHEREAS, an estimated 9,300 fireworks related injuries in 2003 were treated in the
emergency rooms of many of our US hospitals, and
WHEREAS~ a study conducted by the US Consumer Product Safety Commission in
June of 2004 reported that an estimated 6,800 fireworks related injuries occurred during
a one month period surrounding the July 4t1"', 2003 holiday, and
.
WHEREAS, the estimated annual cost of these fireworks related injuries is estimated to
be $100,000,000, and
WHEREAS, according to a National Fire Protection Association report, 12 persons died
from fireworks related causes during 1999, and
WHEREAS, according to a 2004 NFPA study 24,200 fires were caused or attributed to
fireworks in 1999, and
WHEREAS these 1999 fireworks related fires caused an estimated $17.2 million in
,
property damage, and
WHEREAS, Chapter 791, Florida Statutes, relating to the regulation of fireworks, has
not undergone a comprehensive legislative review since its inception in 1941, and
WHEREAS, loopholes have been identified which are being used by the fireworks
industry to circumvent the current law and allow for the purchase of illegal fireworks,
NOW THEREFORE, be it resolved that hereby
recommends that Chapter 791, Florida Statutes, relating to the regulation of fireworks in
the State of Florida be strengthened to eliminate 'these loopholes which will result in the
reduction of injuries and property loss associated with the use of these fireworks.
Officer or Representative
Date
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER or1
AGENDA ITEM # O~ - REGULAR MEETING OF JANUARY 18_ 2005
ADDENDUM NO. 1/CONSULTING AGREEMENT /LANGTON
ASSOCIATES_ INC.
TO:
FROM:
DATE:
January 14,2005
This is before Commission to approve Addendum No. 1 to the consulting agreement with Langton
Associates, Inc. to provide for the extension of the agreement on a month to month basis as
previously approved by the Commission.
Recommend approval of Addendum No.1 to the consulting agreement with Langton Associates, Inc.
S:\Clty Clerk\agenda memos \ Langton Assoc. Addendum No.1 01.18.05
VI8'~
,.
----
DEC 3 Q 2884
CITY ¡MANAGER
[IT' OF DELIA' BEA[H
CITY ATTORNEY'S OFFICE
200 NW 1 st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090· FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7090
DELRA Y BEACH
b:ä:d
Al-Amerlca City
~IIJ~
MEMORANDUM
DATE:
December 29, 2004
TO: David T. Harden, City Manager
FROM:
Terrill Barton, Assistant City Attorney
lúD
SUBJECT: Addendum NO.1 to Consultinq Aqreement with Lanqton Assoc.
Please review the attached revised Addendum to the Langton Agreement and let
me know if you have any questions.
Thanks.
TCB:smk
Attachment
..
ADDENDUM NO.1 TO CONSULTING AGREEMENT
THIS ADDENDUM to the Consulting Agreement of November 1, 2003, is entered
into by and between LANGTON ASSOCIATES, INC., hereinafter referred to as
"Langton" and CITY OF DELRA Y BEACH, hereinafter referred to as "City" under the
following terms and conditions:
WIT N E SSE T H:
WHEREAS, the City and Langton mutually covenant and agree to amend and
modify the Consulting Agreement entered into on November 1, 2003 in order to provide
for extension of the Consulting Agreement regarding governmental grants.
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 incorporated herein.
2. Duties of Lanaton: Langton, pursuant to the Consulting Agreement of
November 1, 2003 and pursuant to this Addendum, promises to continue to provide
professional consulting services to the City on a month to month basis, commencing
November 1, 2004 and ending October 31, 2005. Langton agrees to continue to
exercise its best efforts to obtain governmental grants and benefits for the City. The
duties of Langton and the City as outlined in the Consulting Agreement dated
November 1, 1003 shall continue to be in force and in full effect.
3. Compensation to Lanaton: Paragraph 3 of the Consulting Agreement
dated November 1, 2003 shall be amended to provide that the City agrees to pay
Langton the sum of $2,500.00 per month for any month in which Langton performs
consulting services and devotes agency time to the City.
4. Extension of Time Period for Consultina Services: Paragraph 6 of the
Consulting Agreement dated November 1, 2003 shall be amended to provide for the
continuation of the Consulting Agreement on a month to month basis until October 31,
2005.
5. All other terms and conditions of the Consulting Agreement of November
1, 2003 not in conflict with this Addendum shall remain in full force and effect and are
incorporated herein.
WHERETO, the parties have set their hands and seal effective this _ day of
,2004.
ATTEST:
LANGTON ASSOCIATES, INC.
By:
Print Name:
Title:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 200__, by , as
(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
as identification.
Signature of Notary Public -
State of Florida
2
I
ATTEST:
City Clerk
Approved as to Form:
City Attorney
CITYOF DELRAY BEACH, FLORIDA
By:
3
Jeff Perlman, Mayor
01(
~
, ,
MYDELRAYBEACH.COM
City of Delray Beach
Administrative Services Memorandum
TO: David T. Harden, City Manager
FROM: ~obert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item City Commission Meeting January 18, 2005 Approval
Special Event Agreement with the Joint Venture
DATE:
January 13, 2005
Action
City Commission is requested to approve the attached agreement between the City
and the Joint Venture for special events.
Backaround
At your workshop meeting on January 11 th Commission voted to enter into an
agreement with the Joint Venture for Joint Venture sponsored events as
recommended by staff. Attached is an agreement for Commission consideration.
This agreement has been reviewed by Mr. Wood and Ms. Ferrer as well as our City
Attorney.
Recommendation
Staff recommends approval of the proposed agreement between the City and the
Joint Venture for Joint Venture sponsored special events.
RAB/kep
S:\Administrative Services\SHARED\Memo Agenda Item Approval Special Event Agreement with Joint Venture.doc
~E
AGREEMENT
THIS AGREEMENT is entered into this day of , 2005 by
and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal
corporation (hereinafter referred to as "City") and Joint Venture for events sponsored
by the Joint Venture.
WIT N E SSE T H:
WHEREAS, Joint Venture and the City desire to work cooperatively to produce
the annual events sponsored by the Joint Venture; and
WHEREAS, the Joint Venture needs assistance at an economical cost in order
to produce their events; and
WHEREAS, the City is willing to provide this assistance which includes
manpower and equipment use at a reasonable cost; and
WHEREAS, the Joint Venture does not fit into a defined category for City
service charges in the Special Event Policies and Procedures.
NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of
the date set forth above, the parties hereby agree as follows:
1. Recitals. The recitations set forth above are incorporated herein.
2. Term: Renewal. This Agreement shall begin on the date set forth above
and shall end on December 31, 2005. This Agreement shall thereafter be automatically
renewed for two (2) additional two (2) year periods unless either party gives notice prior
to September 1 st of any year of the intent to cancel the Agreement.
3. Duties and Responsibilities of City: The City's responsibilities include
the following:
a. Provide security and traffic control assistance.
b. Provide trash removal and clean up assistance.
c. Set up of street barricades..
d. Hang and remove light pole banners as required.
e. Provide EMS assistance when necessary.
f. Provide overall coordination and planning assistance as required.
4. Duties and Responsibilities of Joint Venture: Joint Venture's
responsibilities include the following at Joint Venture's own expense:
a. Fundraising and sponsorships.
1. Joint Venture is responsible for fundraising and securing
sponsorships to help offset costs associated with the events.
b. Promotion, advertising and public relations.
c. Contract for entertainment and sound and lighting systems as may
be needed.
d. Secure the services of volunteers as needed.
e. Provide lead for coordination and planning services for their events.
5. Cost for City Services. As compensation for City services which
includes stage rental as well as overtime costs, the Joint Venture will pay the City
twenty percent (200/0) of its costs over One Thousand Dollars ($1,000) per event. The
2
Joint Venture also agrees to pay full costs of any equipment the City is required to rent
from a contract supplier to support the event.
6. Indemnification. To the extent that Joint Venture enters into written
contracts with a contractor (as listed in paragraph 4(c) above), Joint Venture shall
require the contractor to defend, indemnify, and hold harmless the City, its agents,
officers, employees and servants against any and all liability, suits, causes of action or
any claim whatsoever made, and any direct or indirect damages, including attorney's
fees and costs at trial and appellate levels, which may result from the activities and
assistance provided by contractor and conducted in connection with the event.
7. Insurance. To the extent that Joint Venture enters into written contracts
with a contractor (as listed in paragraph 4(c) above), Joint Venture shall require the
contractor to provide insurance in amounts acceptable to the City and contractor shall
be required to name the City as an additional insureds.
8. Governina laws: venue. This agreement shall be governed by the laws
of the State of Florida. Venue for any proceeding arising out of this agreement shall be
in Palm Beach County, Florida.
9. Bindina Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
10. Entire Aareement. This Agreement shall constitute the entire agreement
of the parties with respect to the subject matter of it. All prior understandings and
3
agreements between the parties with respect to such matters are merged into this
Agreement, which alone fully and completely expresses their understanding.
11. Amendments. This Agreement may not be amended, modified, altered,
or changed in any respect, except by a further agreement in writing duly executed by
each of the parties hereto.
12. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon
any person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to
relieve or discharge the obligation or liability of any third persons to any party to this
Agreement, nor shall any provision thereof give any third person any right of
subrogation or action over or against any party to this Agreement.
13. Termination. Either party may terminate this Agreement with or without
cause by notifying the other party in writing thirty (30) business days in advance of the
termination.
IN WITNESS WHEREOF, the parties hereto have entered into this agreement
the day and year first written above.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:
Jeff Perlman, Mayor
City Clerk
Approved as to Form:
City Attorney
4
WITNESS
JOINT VENTURE
By:
Print Name:
Title:
(Print or Type Name)
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
, 2005 by (name of officer or agent,
title of officer or agent) of (name
of corporation acknowledging), a (state or place of incorporation)
corporation, on behalf of the corporation. He/She is personally known to me or has
produced (type of identification) as.
Signature of Notary Public-
State of Florida
5
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER rJtl\
SUBJECT: AGENDA ITEM # <l~ - REGULAR MEETING JANUARY 18_ 2005
REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE:
JANUARY 14,2005
Attached is the Report of Appealable Land Use Items for the period January 3, 2005 through January 14,
2005. It informs the Commission of the various land use actions taken by the designated boards that
may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\agenda memos\apagmem.Ol.04.0S
CITY COMMISSION DOCUMENTATION
FROM:
DAVI~~NAGER
PAUL DORLING, DIRECtþR ~F PLANNING AND ZONING
JASMIN ALLEN, PLANNER þV/?1A<:.'1 {'l¿ø~
I
MEETING OF JANUARY 18, 2005 *CONSENT A GENDA *
REPORT OF APPEALABLE LAND USE ITEMS JANUARY 3, 2005 THRU
JANUARY 14, 2005
TO:
THRU:
SUBJECT:
ACTION REQUESTED OF THE COMMISSION
The action requested of the City Commission is that of review of appealable actions which were
made by various Boards during the period of January 3, 2005 through January 14, 2005.
BACKGROUND
This is the method of informing the City Commission of the land use actions, taken by designated
Boards, which may be appealed by the City Commission. After this meeting, the appeal period
shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies.
In summary, it provides that the City Commission hears appeals of actions taken by an approving
Board. It also provides that the City Commission may file an appeal. To do so:
1. The item must be raised by a 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.
PLANNING AND ZONING BOARD
No Regular Meeting of the Planning and Zoning Board was held during this period.
t SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JANUARY 12, 2005
A. Approved (6 to 0, Reginald Cox absent), a request for a new master sign program including
two flat wall signs and a directory sign for 640 East Atlantic Avenue, located on the south
side of East Atlantic Avenue, between SE 6th Avenue (northbound Federal Highway) and SE
th Avenue.
B. Approved (6 to 0), an amendment to the master sign program to add a flat wall sign for
Chaiyo Thai Bistro, located at the southeast corner of Military Trail and Linton Boulevard
(14800 South Military Trail).
C. Approved (6 to 0), a Class I site plan modification and the architectural elevation plan
associated with the construction of a 4' overhang on the existing two story body shop and
office building for Used Car Superstore, located on the east side of South Federal
Highway, approximately 500 feet south of Tropic Boulevard (2225 and 2255 South Federal
Highway).
City Commission Documentation
Appealable Items Meeting of January 18, 2005
Page 2
HISTORIC PRESERVATION BOARD MEETING OF JANUARY 12, 2005
· Approved (3 to 2, Linda Lake and John Miller Jr. dissenting; Maura Dersh and Randee
Schatz absent), a request for a Certificate of Appropriateness associated with the removal of
wood shakes from a roof and their replacement with metal roofing for an existing commercial
building located at 799 NE 2nd Avenue (southeast corner of NE 2nd Avenue and George
Bush Boulevard).
· Approved (5 to 0), a request for a Certificate of Appropriateness associated with the
installation of storm panels for a non-contributing residence located at 133 NW 5th Avenue
(east side of NW 5th Avenue, between NW 1st Street and NW 2nd Street).
· Approved (4 to 1, Michelle Reich dissenting) a request for a Certificate of Appropriateness
associated with the replacement of a cedar shake roof with a metal roof for a contributing
residence located at 101 Dixie Boulevard (north side of Dixie Boulevard, between Swinton
Avenue and NE 2nd Avenue).
RECOMMENDED ACTION
By motion, receive and file this report.
Attached: Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting -
JANUARY 18, 2005
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A. 640 EAST A TLANTIC A VENUE
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1. 799 NE 2ND A VENUE
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3. 101 DIXIE BVLD
- - - - - CITY LIMITS - - - - -
ONE MILE
GRAPHIC SCALE
CITY OF DELRA Y BEACH, FL
PLANNING & ZONING DEPARTMENT
NOVEMBER 2004
- - DIGITAL BASE MAP SYSTEM --
oK
071
[IT' OF DELRA' BEA[H
CITY ATTORNEY'S OFFICE
2()() NW ht AYET\TE· DELRAY BEACH. FLORIDA 33444
TELEPHONE: 56 1/24J-709() . fACSIl'vllLE. 561/278-4755
DELRAY BEACH
F lOR I 0 ^
Dad
All-America City
Writer's Direct Line: 561/243-7091
, , III! DATE:
1993 TO:
2001
MEMORANDUM
January 14, 2005
City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Consent to Subordination of Mortaaae - Crisanti Deed
Ernie Simon has presented a revised legal description for an Easement Deed on
property that received a SHIP mortgage. The City, as the person granting the
SHIP mortgage, needs to consent to the Subordination of Mortgage for the newly
revised Easement Deed. The city previously executed a consent and this revised
consent is before you for approval.
~e this item on the January 18, 2005 consent agenda.
SAR:jw
Attachments
cc: Chevelle Nubin, City Clerk
£\C7
FROM : -SIMON AND SCHMIDT
FAX NO.
5612650286
Jan. 14 2005 02:57PM P2
SIMON AND SCHMIDT
ATTORNEYS AT l.AW
100 NORTHEAST f!'IFTH AVÇ;NU£, SUITE: A·I
D&I.RA't 8EA<;H. F'LORIDA 334a~
ERN¡S" G. SIMON
OAVIO W. SCHMIOT
TEL.EPHON£ (561) 27S-2601
rAX(S61) 265-0286
WEST PALM BEACH
(5. t) 737-8222
DELIVERED VIA TELEFAX
January 14,2005
Susan Ruby, Esq.
City ofDelray Beach
100 N.W. First Avenue
Delray Beach, Florida 33444
Re: Easement DeedlCrisanti Mortgage
Your Case No. 95-007 SHR
My File No. 6775.1
Dear Susan:
In accordance with our telephone discussion today, I enclose a copy of my letter dated January
14,2005, together 'With the enclosures therewith, which were hand delivered to City Hall this
morning.
Again, I thank you for your early response.
Sincerely yours,
C..::~
./r"" ~
(/ ~,
~~~-
Ernest G. Simon
EGS:cc
Enclosures
FROM :.SIMON AND SCHMIDT
5¡t\NEST G. SIMON
OAVID W. SCHMIDT
HAND pELIVERED
Susan Ruby, Esq.
City of Dclray Beach.
100 N.W. First Avenue
Delray Beach, Florida 33444
Dear Susan:
FAX NO. 5612650286
SIMON AND SCHMIDT
A1'TORNEYS A"f L.AW
100 NOII'TMEAS't' FIFTH AV£NUE, $U IT! A" t
OBI..RAV BaA-Clot. F\"Q~' t)A ¡ 3483
TEI.EPHONE (s&n 2'78-2601
rAX (!US I) 265-02.86
Januaty 14, 2005
Jan. 14 2005 02:57PM P3
WEST PALM 8EACM
(561) 737·8Z2~
Re; Easement DeedlCrisanti Mortgage
Your Case No. 95-001 SHR
My File No. 6775.1
As I explained on the telephone, I am attempting to close a real estate transaction between Henry
R. Crisanti, as Seller, and Susanne Morton, as Buyer. In order to resolve an encroachment ìssue~
the parties executed an Ease.ment Deed. Inasmuch as Mr. Crisanti's property was encumbered by
the City's Housing Rehabilitation Agreement, the City had executed a Consent to the Easement
Deed.
However, according to an updated "Spotted Survey" ~ the legal description for the easement in the
Easement Deed needs to be revised ttom ¡~1.s feet x 40 feett' to "2.5 feet x 42 feet".
Consequently, the parties have executed a revised Easement Deed with the correçted legal
description for which the City's Consent is requested.. In that regard, I enclose each of the
following:
1. Photocopy of Easexnent Deed dated November 15 ~ 2004, together with the City's
Consent dated September 20,2004 attached thereto.
2. Photocopy of revised Easement Deed dated J~uary 10, 2005.
3. Photocopy of Spotted Survey prepared by O'Brien Suiter &. O'Brien dated
December 21,2004.
PROM : ·SIMON AND SCHMIDT
FAX NO. 5612650286
Jan. 14 2005 02:58PM P4
Susan Ruby, Esq.
January 14, 200S
page two
4. Photocopy of Delray Beach State Housing Initiatives Partnership Rehabilitation
Agreement as recorded June 29, 1999, in Official Record Book 11200, page 1994,
Public Records of Palm Beach County, Florida.
s. Original of Mortgage Joinder and Consent to be executed by the City.
Under the circumstances, I shall appreciate very much your early assistance in this matter, and I
look forward to hearing from you.
Sincerely yours,
~' ¡
," "I
, '/ .'j' \
/<-./v_;¡~_.~
Ernest G.. Simon
EOS:cc
Enclosures
~ROM : 'SIMON AND SCHMIDT
FAX NO. 5612650286
Jan. 14 2005 02:58PM P5
Prepared by; return to:
Simon and Schmidt
100 NE Fifth A venue, Suite A-I
Delray Beach, FL 33483
EASEMENT DEED
. nuS EASEMENT DEED made and entered into this (~ day of
¡J\..Jl,¡v. )t--1 , 2004, between GRAY CAMPBELL (hereinafter referred to as
ttGrantor") whose address is 218 S.E. First Avenue, Delray Beach, Florida, 33444, and HENRY R.
CRISANTI, (hereinafter referred to as tlGranteett) whose address is 216 S_E_ First Avenue, Delray
Beach, Florida 33444.
WITNESSETH:
Grantor is the owner in fee of that certain lot of land in Palm Beach County, Florida,
described ~ follows:
The North 50 feet of the South 250 feet of the East 135 feet of Block 71,
TOWN OF DELRA Y, according to the plat thereof on file in the office of
the Clerk of the Circuit Court in and for Palm Beach County, Florida,
recorded in Plat Book 1, page 3.
as set forth in that certain Warranty Deed recorded on September 2, 1999!¡o in Official Record Book
] 1329, page 1040, in the Public Rccords ofPa1m Beach County, Florida.
Grantee is the owner in fee of that certain lot of land in Pahn Beach County, Florida,
described as follows:
Beginning at a point 250 feet north of the southeast comer of Block 71,
City of Delray Beach, (formerly Linton), Florida, thence West 135 feet,
thence North 50 feet, thence East 135 feet, thence South 50 feet to the
point of beginning as recorded in the office of the Clerk of the Circuit
Court in and for Palm Beach County ~ FJorida, in Plat Book 1, page 3.
as set forth in that certain Personal Representative's Deed as recorded On December 26. 19917 in
OfficiaJ Record Book 7065, page 418, in the Public Records of Palm Beach County, Florida, which
land adjoins the above-described property of Grantor to the South.
Page 1 of 6
C¿
FROM :'. SIMON AND SCHM I DT
FAX NO.
5612650286
Jan. 14 2005 02:59PM P6
There is now erected on the said property of Grantee a house which Grantor claims
encroaches on the Northern part of Grantor's above...described lot.
Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the
Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant to the
Grantee, his successors and assigns, an exclusive easement which covers a parcel of land lying,
situate and being in Palm Beach County, Florida, and being more particularly described as follows:
The North 1.5 feet of the West 40 feet of the following-described property:
The North SO feet of the South 250 feet of the East 135 feet of
Block 71, TOWN OF DELRA Y, according to the plat thereof on
file in the office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book 1, page 3.
Grantor covenants and agrees that so long as the encroaching house shall remain standing,
Grantee, his successors and assigns shall have the right to have the building overlap and extend
beyond the boundary line of the land of Grantor, and to encroach and rest on the land of the Grantor
to the same extent and in the same manner as the building now overlaps and encroaches on the land.
This easement shall tenninate when the existing house located on Grantee's land which encroaches
on Grantor's property shall no longer be standing.
Grantor shall not grant additional easements or similar interests in, on, over, under. or across
said easement premises without Grantee's prior written consent, which will not be unreasonably
withheld. Neither Grantor, nor any other person claiming an interest through Grantor, shall interfere
with Granteets utilization and enjoyment of the easement, inc1uding the preservation or maintenance
of Grantee's improvements_
Grantor hereby covenants with Grantee that she ís lawfully seized and in possession of the
real property herein described and that she has good and lawful right to grant the aforesaid easement
free and dear of any mortgages that are prior in right and dignity to this Easen1ent Deed~
Furthermore;> Grantor covenants that there are no encumbrances of any kind that would prevent
Grantee's fulJ enjoyment of the easement.
This Easen1.ent Deed and the covenants contained herein shall be deemed covenants running
with the land and sbaH be binding on the parties hereto and their respective successors and assigns.
Page 2 of 6
~Q
FROM :·SIMON AND SCHMIDT
FAX NO. 5612650286
Jan. 14 2005 03:00PM P7
IN WITNESS WHEREOF, the parties have hereunto set their hand and affixed their seal as
of the date first above written.
Witnesses:
GRANTOR:
Si ed, sealed and delivered
in e presence o~: ( (;
..J1.tttL (Æw~
Print Name':::'b~·W 'C!2 k..... ~~ *'-~..
~ Cv-i1t I (
Gra m
Print Name:
Witnesses:
GRANTEE:
+~C~
enry . risanti
Page 3 of 6
FROM : ,SIMON AND SCHMIDT
FAX NO. 5612650286
Jan. 14 2005 03:00PM P8
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~y of J''!''J1I'vV
2004~ by GRA Y CAMPBELL, who is personally known to me or who has produced
as identification.
...--' - . '. Á.,....
WIrnESS my hand and official seal in thé.P coun;Y and State last aforesaid this t ~ of
\ .
\\ Jt...J~r ,2004.
JOStIJAM. MnTEN'f1W.
. uv COP.WISSJON , DO 223219
. - EXPfREs: J4!I S. 2W1
BcnIecS 1'rIu"'" fIlM: I.JncIeJWIIIa
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ædaY of if
2004, by HENRY R. CRISANTI, who is personally known to n1e or who· has produced
as identification.
WITNESS my hand and official seal in the' County and State last aforesaid this / t~
/J
.'~/" ,2004.
/
//
(
Page 4 of 6
""'~'¡'~~'. Carol A. Crowe)
/¥~~~\ Com!11ission #DD173101
\~" \(J.1.l E):pJres: Jan 18.2007
'{If ö~ ~~,., Bonded Thru
"'" ,,' ~lla"tio }ÞI1dint;tCo..11lO.
FROM :·SIMON AND SCHMIDT
FAX NO.
5612650286
Jan. 14 2005 03:01PM P9
MORTGAGEE JOINDER AND CONSENT
The undersigned Mortgagee does hereby join in and consent to the granting of this Easement Deed across the
lands herein described, and agrees that its mortgage, which is recorded in Official Record Book 14000, Page 1867, of
the Pub1ic Records of Palm Beach County, Florida shall be subordinated to this Easement Deed.
INwtTNESSWHErŒOF,
presents to be executed in its name this _ day of
has caused these
, 2004.
WITNESSES =
MORTGAGEE:
Signed, sealed and delivered
in the presence of:
HOMECOMINGS FINANCIAL NETWORK,
INC.
Print Name:
By:
Print Name~
Title:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
who is personally known to me or who has produced
as identification.
, 2004, by
WITNESS my hand and official seat in the County and State last aforesaid this _ of
,2004.
Notary Publìc - State of Florida
My Commission Expires:
Page 5 of 6
~~M : 'SIMON AND SCHMIDT
FAX NO. : 5612650286
Jan. 14 2005 03:01PM P10
MORTGAGEE JOINDER AND CONSENT
The undersigned Mortgagee does hereby join in and consent to the granting of
this Easement Deed across the lands herein described, and agrees that its mortgage,
which is recorded in Official Record Book 15137, page 1941, and amended in Official
Record Book 16353, page 1177, of the Public Records of Palm Beach County, Florida
. shall be subordinated to this Easement Deed.
IN WITNESS WHEREOF c..~ 6~~\.r~ ~~ has caused
these presents to be executed in its naMè this ~<;)~'''' ay of S(? ...(\~,¡('\",\-.~r .
2004. l
WITNESSES:
MORTGAGEE:
State of Florida
County of Palm Beach
. The ~Olng instrument was acknowle9Qed befOr; me this ,;(.0 ~- day of
~~~ . 2004, by .::JQ.~ :1? A {)V,N . who is
{~r an~ nOWJJ :to rYiè~r, who has produced as
identification.
. WrTNE S my hand and official seal in the County and State last aforesaid this
~ð~day of - 'f \. ·r , 2004.
(h,~~ \.{ì1.1{Uk(w.v\!
Notary ubJic - State of Florida
My Commission Expires:
j} c--.... M. K&aI.......
\; ~; Mr~IDD3'1t03
", e-.April2O, 2001
Page 6 0 f 6
FROM :·SIMON AND SCHMIDT
FR011 : SIMON AND 5CHM I DT
FAX NO. : 5612650286
~AX NO. : 5612650286
Jan. 14 2005 03:02PM P11
:Tan. 1e 2005 12'9: 37RM P3
Prepared by~ return to:
Simon and Schmidt
100 1'16 Fifth Avenue. Suite .~-1
DeJray Beach, FL 3348~
EASEMENT DEED
J THIS EASEMENT D~ED made and entered into this J ¡) day of
't1f1lJ~~ ' 200£between GRAY CAMPBELL (hereinafter referred to as
"Grantor") whose address is 218 S.E. First Avenue, De1ray Beac~ Florida. 33444, and HENRY R.
CIUSANTI. (hereinafter referred to as "Granteett) whose address is 216 S,E. First Avenue, DeJray
:Beach, Florida 33444.
WlTNESSBm:
Grantor is the owner in fee of that certain lot of land in Palm. Beach County, Florida,
described as follows:
....1' The North SO feet otthe South 250 feet of the East 13S feet of :Block 11,
TO\VN OF D:ELRA Y, acGOrding tò the plat thereof on file in the offiee of
the CIerk: of the Circuit Court in and for Palm :Beach County, Florida,
recorded in Plat Book 1 ~ page 3.
as set forth in that certain Wmanty Deed recorded on September 2, 1999, m Offiçial Record Book
11329, page l040t in the Public Records oíPalm Beach County, Florida.
Grantee is the owner in fet of that certain tot of land in Palm :Beach County, Plorida,
described as follows:
Beginning at a point 250 feetl10rth of the southeast oomerofBlock 71,
City ofDelray Beach, (formerly Linton), Florida., thenee West 135 feet,
thence North SO feet, thence East 135 feet, thence South SO feet to the
point of b~ginnìng as recorded in the office of the Clerk of the Circuit
Court in and for Palm Beach County, rtorida, in Plat Book 1, page 3.
as set forth in that c8l"tSin Personal Represeatntive·s Deed as recorded 011 DeceJ%\ber 26, 1991, in
Ofticial Record Book 7065. page418, in thePubIicRecords ofPahnBeacb County7 Florida, which
land adjoins the above..described property of Grantor to the South.
Paae 1 of 7
FROM : ·SIMON AND SCHMIDT
FAX NO. : 5612650286
Jan. 14 2005 03:03PM P12
FROM : 5 I NON AND SCHM I DT
F~X NO. : 5612650286
Jan. 10 2005 æ:37AM Þ4
There Ís now erected on the said property of Grantee a house which Grantor claims
encroaches on the Northern part of Grantor's above-dèscribed lot.
Grarttor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the
Grantee, the receipt and sufficiency of w}ùch is hereby acknowledged,. does hereby grant to the
Grantee, his 5UCCt::5sors and assigns!, an exclusive ßaSetnent which covers 8. parcel of land lying,
situate and being in Palm Beach County, Florida, and being more particularly described as fono~:
The North 2.5 feet of the West 42 feet otthe following-dcscribed property:
The North 50 feet of the South 250 feet of the East 135 feet of
Block 71, TOVIN OF DELRA Y. according to the plat thereof on
file in the office of the Cl~k of the Circuit Court in and for Palm
Beach Cowrty. Florida, recorded in Plat Book 1. page 3.
Grantor covenants and agrees that so long as the encroaching house shall remain stancf:inB,
Onmtee, bis successors and assigns shalI have the right to have the building overlap and extend
beyond the- bowdary line oftbe land of Grantor, and to encroach and rest on the land of the Grantor
to the same extent and in the same manner as the building now overlaps and encroaches on the !and.
This easement shall tenn.inate when the existin¡ house located on Gnmtee t s land. which encroaches
on Grantor~ s property sball no longer be standing.
Grantor sball not grant additional èasements or similar interests iø, on, over, under, or across
said easement ~$ without Granteels prior written ccmsent, which will not be uøreasonably
withheld. Neither Gœntor, n()r any other person claiming an interest tbròugh Grantor, shall interfere
with Grantœ's utilization and enjoyment of the easement, includinS the preservation or maintenance
of Granteefs improvements.
Grantor hereby covenants with Grantee that she is lawfuUy seized an.cl in possession otthe
real property herein described and that she bas good and lawful right to grant ~ aforesaid easement
free and' clear of any mortgages that are prior in right and dignity to this Easement Deed.
Furthermore, Grantor covenants that there are no encumbrances of any kind that would prevent
Grantee's full enjoyment of the easement.
TIús Easement Deed and the covenants contained herein shall be deemed covenants rwming
with the land and shall be binding on me parties hereto and their respective suecessors and assigns-
Page 2 of 7
FROM : ·SIMON AND SCHMIDT
FAX NO. : 5612650286
Jan. 14 2005 03:03PM P13
FROM 5 I MON ~ND SCI--t'l I DT
F'AX NO. : 5612SSØ286
Jan. 10 æøs 09:38AM PS
IN WITNESS WHEREOF, the parties have hereunto set their hand and affixed their seal as
of the date first above written.
Witnesses:
GRANTOR:
'~~h,¡¿
c;v be I
Witnesses:
GRANTEE:
~~hr
He C~anti
Page 3 of 7
FROM :·SIMON AND SCHMIDT
FRO.'t ; 5 I MON ~D SCHM I DT
FAX NO. : 5612650286
Jan. 14 2005 03:04PM P14
FAX NO. : 5612650286
Jan. 1121 2ØØ5 1219: 38AM P6
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrutuent was acknowledged before me this 10 day of _ -1;n (j Çl?.l/ .
I
20~by ORA y CAMPBELL~ who is personally kno'Wn to me or who has produced
as identiñcati.on.
, 20~. .
QWb1klJ.lit~
~otary Public - State of Florida '"
My Commission expires: .
.... ..
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing iDstrument was acknowledged before me this ¡Š^ða.y of
.I
200( by HENRY R. CRISANTI, who is personally knO'WIl to me or who 'has p~uced
as identification.
WITNESS my baDd and official seal in the County and State last aforesaid this i 3 "'-of
¿~I1UI
L/
s 200$,
{da~
Notary Public - State of Florida
My Comn1Îssion al'ires:
Page 4 of 7
p~-;'" Carol A, Crowel
.~~ :.~~:._ Commission #DD173101
.' . \. .:; ~ Ex pires: Jan 18\ 2001
~'" ". -,~l>" ßot'lded Thru
. ~ 'i......i,. J1"...,{,,..,,,,,. r",.
FROM :~ SIMON AND SCHMIDT
FAX NO.
561265121286
Jan. 14 21211215 1213:1214PM P15
MORTGAGEE JOINDER AND CONSENT
The undersigned Mortgagee does hereby join in and consent to the granting of this Easement Decsd across the
lands herein described, and agrees that its mortgage~ which is recorded ìn Official Record Book 14000, Page 1867, of
the Public Records of Palm Beach County~ Florida shall be subordinated to this Easement Deed.
IN WITNESS WHEREOF,
presents to be executed in its name this _ day of
has caused these
. 2005.
WITNESSES:
MORTGAGEE~
HOMECOMINGS FINANCIAL NETWORK,
INC.
Signed, sealed and delivered
in the presence of
By:
Print Name~
Title;
Print Name:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of . 2005, by
who is personally known to me or who has produced
as identification.
. WITNESS my hand and official sea) in the County and State last aforesaid this of
. 2005.
Notary Publíc.. State ofFJorida
My Commission E~1>ires:
Page 5 of 7
FROM :'SIMON AND SCHMIDT
FAX NO.
5612650286
Jan. 14 2005 03:05PM P16
MORTGAG:EE JOINDER AND CONSENT
The undersigned Mortgagee does hereby join in and consent to the granting oftbis Easement Deed across the
lands herein described, and agrees that its mortgage, which is recorded in Official Record Book 1513 7 ~ page 1941 ~ and
amended in Official Record Book 16353, page 1177~ of the Public Records of Palm Beach COunty7 Florida shalJ be
subordinated to this Easement Deed.
XNWITNESS WHEREOF,
presents to be executed in its name this _ day of
has caused these
. 2004.
WITNESSES:
MORTGAGEE:
Signe~ sealed and delivered
in the presence of:
CITY OF DELRA Y BEACH
Print Name:
By:
Print Name:
TÌtle:
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instnnnent was acknowledged before me this day of ,
2004. by who is personally known to me or wbo has produced
as idcnnfication.
W1TNESS my hand and officia1 seal in the County and State Jast aforesaid this _ of
. 2004 .
Notary Public - State ofFJorida
My Commission Expires:
Page 6 of 7
'FROM :', SIMON AND SCHM I DT
FAX NO.
5612650286
Jan. 14 2005 03:05PM P1?
MORTGAGEE JOINDER AND CONSENT
The undersigned Mortgagee does hereby join in and consent to the granting of this Easement Deed across the
lands herein described, and agrees that its mortgage, which is recorded in Official Record Book 14000, Page 1867, of
the Public Records of Pahn Beach County) Florida shall be subordinated to this Easement Deed.
IN WITNESS WHEREOF)
presents to be executed in its name tbjs _ day of
has caused these
. 2005.
WITNESSES:
MORTGAGEE:
ERNEST G. SIMON AS TRUSTEE OF TRUST
"B" UNDER THE WILL OF ALEXANDER
ABRAHAM SIMON
By:~
Signed) sealed and delivered
in the presence of:
Print Name:
Print Name:
Title:
Print Name:
STATBOF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
G. SIMON. who is personally known to me.
t 2005, by ERNEST
WITNESS my hand and official seal in the County and State last aforesaid this of
,2005.
Notary Public· State of Florida
My Commission Expires:
\ \cnrol-I \documents\cå"id\worlc\rcal~. ¡nl\criS81')ti easemenl 2
Page 7 of 7
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FROM :' SIMON AND SCHMIDT
IMAGEO t : ....L"04-4S624-2 06/21/2004 02: 1 5: 11 pm
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FAX NO. 5612650286
Jan. 14 2005 03:07PM P19
..
Page 1 of 2 .
J. -at-I," "33De ~i!&:5:1 ~ 7
... 11288 PI 2994-
,...................,.
,. ~
....
DKLRAY BEACH STATE HOVSJNG INITIATIVES PARTNERSHIP
REHABIUTATJON AGREEMENT
APPLICANT/O'VNIR:
HeruyCrisanti
ADDRESS: 216 SE First Avenue
~ Beach. FL 33444
LEGAL DESCRIPTION. Town of Deltay. N SO fT otS 300 FT of 81/2 of BLl(. 71
PID #I 12 ø 46 ., 01 .,1 8090.
CASE NO% 9S.oG'181m
1 do bemJy œrtit; that 1 am the OWOft of the abow property aad that J have teqaested
f1nançtal psslsÞJnœ 1í'om tk City of Delray Beach Slate Housh18 &ñtiativcs Partnc:t8bip Program
co bdas my pIOpolt)t to a Jewl ~ Ibe minimum propedY stalidud.
1 fUrther grmd the City of DcJray Beach and its authorized sbdf'mcmbets. coatracton and
subcODb'lCtors permission tð t:arr Ot1t 1ehabi]ilation wo.tk and repair work on my property in
compliance with ¡be PlOptit)' rehabUi1a1ion standardS of its Corrununity De\lelopmem program.
I authorize tbe City to Kt aa my agecu in conbaCdøg, supet'1flsing QÐd insÌteOOnB this
æhabiJitatiou work.
I UDGw....a Ibat 1bo City of Ðdray Beach is Kting only aa agent in the contrac1\W
'88IklDClds md is not rap()Øsa" Cor chc quality and WBmU2ty or 1he work and bas no lePJ
msponsibUities in the 1IJCCmat.
J agree to provide ùtformatiOJl 11ecessaJ)· for ..- flCÞpjnjctration and mo~ 10 be
avæ1ab1e for JlCCCst..o...y corûerenccs and dedsions~ to .;p.on' OD the gnmt wha the work is
c:omplded, and to otherwise zea~1 cooperate ÎD expeditina the rehabiJitatioD work and
prtIIJIIID admiDis1ndiœ.
Following compIetioa of the l'Cbabüitasion work. I will maintain the plOpat)' in þOd
condidoA _d win insure thai ~ property is kept in co~iance with the C¡" Minimum Housing
Code.
J uuders1and that Ibis egreesnent win be recorded as a covenant to thcr propenyÞ sha1l
create aD equitaWe lien on the propeltYy ~ 1'CID8ÎI1m eß"ect for toll (IO»)'e8I:S folJowins gn.nt
dÐse cut. aDd. abat1 apply to the OWuer's heits, stICeeSSOn aNt 88SÎ1IDS-
I uadetstand that the value of the rehabilitation gnvd, æpresctnted by lhe cost of
improvements to this ¡xopat)'. wiD bfl amoItí%ed. in monthly iDcrIements. ove-. period of 120
. .
.' .~_....._------
..- .'
.. .. ...
"
FROM :·SIMON AND SCHMIDT
FAX NO. 5612650286
Jan. 14 2005 03:07PM P20
IMAGEOl : FL-04-45624-2 06/21/2004 02:15:11pm
! J '
I ~..._
. .. /'--
Page 2 of 2
Ͽ .1. .1288 AI :111915
lJOfIJTNY H. IIJLKEN. a.ERir.. QUay, FL
. ~
DELRA. V Ø....ACIl STAT.~ HOUSlN(: INmATlVES PAR~ERSmp
REHABILIT AT10~ ACREEME~J
Page 2.
JJ10nths following cumplction of1be ,vork. (fthe property is sold or trmsferred during this period
lor any ruuon except the ne~ tø meet major healtli au'e cxpe~ (definition of ~-bat constitutes
3 majur he:dth care expense will be determined by CD Director on iødividwd basis) or
tt'~rem:d by inheribmce at dea~ I shan imrnediatoly repay to the City the unamortized portion
or tlk: granL
J a~ to indemnify the City and bold it barmJcs.~ (or any damßb~ or injury tn person:s or
property oc~u.rring during tit\: authorized rehabiJitation work.
.
, :igf\:C that dw V.ml amuunt uf thh1y......cc thousaad .1Iref:' h1mdr~d rJfty..rrve and
39/100 dollan (S33,3S5.39) is the 3mOlUll or the rehabilitation L'Onttact. including any change
orders approved by the City. and tbe cost of any ~]3ted work performed under this agreement.
. 11\ tbe event ~t any questions or disptJteS. arise concerning \he rehabililBtion work bcing
performed by a CODtraCtor under tbjs agreement" J shalt advise the Community Development
Coordinator of ~ and the City shall act as arbitrator in resot\'inä tbe qucstioa. or dispute.
1 huve rt:Yicwed the ~-ifit."8tit)ns end they meet with my approval. r further agree that
thct~ win be: no change:; in the spe~ificntiøns.. unless o..'Cdcd to satisfy It minimum bo~ing code
viobuion.
-. .h. . =t ,:.f.? .. --
Date
~.C-7
.. .- .-dj~(
D'dtc
K~
?iu-
lopmcnt Coordinntnr
5JÄJ'C OF J-1.0RIDA
COUNTY OF pJU.M BEACH
The fo.tegom; insttumcnt was acknowlcdgc:d before me this ~'=' œy of ~ tit '1 ~ t t ~..9.q
b)- )4enr-¥--C',ri ~I"\+' -"'- _ who is pc~nuI1). bow It') me or
prõduœd act.... ClcQ.s ·3q (,. %. 'l:~ t· n ~ id.:niliication.
Si~tureorNOIaryQd:;~~
P~dNmnc of Notary
My Commission F.:epi~", ~ ~~ t~. ~/'>t'> ,
.
FROM :.... SIMON AND SCHM I DT
FAX NO.
5612650286
Jan. 14 2Ø05 03:08PM P21
MORTGAGEE JOINDER AND CONSENT
The undersigned Mortgagee does hereby join in and consent to the granting of this Easement Deed across the
lands herein described, and agrees that its mortgage, which is recorded in Official Record Book 15137. page 1941, and
amended in Official Record Book 16353, page 1177, of the Public Records of Palm Beach County, Florida shall be
subordinated to this Easement Deed.
tNWITNESS WHBaBOF,
presents to be executed in its name this _ day of
has caused these
. 200S.
WITNESSES:
MORTGAGEE:
Signed, sealed and delivered
in tho presence of:
CITY OF DELRA Y BEACH
Print Name:
By:
Print Name:
Title:
Print Name:
ST A TB OF FLORIDA
COUNTY OF PALM BEACH
The fore¡oing instrument was acknowledged before me this day of .
2004. by who is personally known to me or who has produced
as identificanon.
WITNESS my hand and official seal in the County and State last aforesaid this of
. ZOOS .
Notary Public -- State of Florida
My Commission Expires:
Page 6 of 1
. '
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE
...
All-a.tcaClty
, ~ II I!
~
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
1993
DATE:
January 13, 2005
TO: City Commission
David Harden, City Manager
(L.~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Amendment NO.3 to the Match Point Aareement
At its January 4, 2005 meeting the Commission approved the reduction of Match
Point's charity contribution to the City's charity fund for the 2004 and 2005 years
from $50,000.00 to $25,000.00. The attached amendment to the Match Point
agreement reflects those changes.
Our office requests that this item be placed on the January 18, 2005 City
Commission agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Robert Barcinski, Asst. City Manager
8.\\
AMENDMENT NO.3 TO THE AMENDED AND RESTATED AGREEMENT
BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT. INC.
THIS AMENDMENT NO. 3 to the Amended and Restated Agreement between
the CITY OF DELRAY BEACH (CITY) and MATCH POINT, INC. (MP) is made this
day of
, 200_.
WIT N E SSE T H:
WHEREAS, the CITY and MP entered into an Amended and Restated
Agreement dated January 23, 2003 an Amendment No. 1 dated January 14, 2005 and
an Amendment No.2 dated August 9,2004, hereinafter referred to as the Agreement;
WHEREAS, MP has requested and the CITY agrees to reduce MP's charity
contribution of $50,000.00 to the CITY's charity fund for the 2004 and 2005 years to
$25,000.00 based upon the impact of September 2004 hurricanes.
NOW, THEREFORE, for good and valuable consideration, herein provided, the
CITY and MP agree as follows:
1. The recitations set forth above are hereby incorporated as if fully set forth
herein.
2. Section 3.01, Payments and Revenue, Subsection (E) is hereby amended
as follows:
E. MP shall produce and provide a charity event/dinner prior to or during each
Event, at its own expense, for the CITY and guarantees a minimum of $50,000.00,
which shall increase annually by 30/0 starting in 2004Q, to the CITY, in which the CITY
shall select the charity or charities that may receive these funds. In the event that the
charity event/dinner raises more than $50,000.00, the CITY shall be entitled to the
excess funds. Any excess funds received for any charity event/dinner shall not be
carried over or applied to any future charity event/dinners. MP shall provide a complete
accounting of all revenue and expenses in conjunction with the charity event/dinner in
accordance with generally accepted principles and the CITY has the right to review
these records as it relates to the charity event/dinner. MP shall provide these funds to
1
the CITY within 30 days of the conclusion of the Event. MP shall provide a minimum
payment to the CITY in the amount of $25.000.00 from the charity event/dinner for the
2004 and 2005 Events. In the event that MP fails to make payment within 30 days the
CITY, in its sole discretion, may withhold the monthly payments, as described in
paragraph A of this Section, for the amount of .$25.000.00 for the 2004 and 2005 Events
or $50,000.00 plus the 3% increases for the years after 2006.
3. The original agreement dated January 23, 2003, Amendment No. 1 dated
January 14, 2004, Amendment No.2 dated August 3, 2004 and this Amendment No.3,
constitute the entire agreement between the parties with respect to the subject matter
hereof and supercedes all prior verbal or written agreements between the parties with
respect thereto.
4. This Amendment No.3 to the Amended and Restated Agreement shall be
effective upon the approval by the CITY and by MP.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
3 the day and year first above written.
By:
CITY OF DELRAY BEACH, FLORIDA
By:
ATTEST:
City Clerk
Jeff Perlman, Mayor
Approved as to legal sufficiency
and form:
By:
City Attorney
WITNESSES:
MATCH POINT, INC.
By:d//~~
Mark Baron
Title: Pye.ç/d-en+
2
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this J / fJ- day of
~
) qaw. qr1 ' 200£, by 17) fA,'" k ßo. ,-'on ,
as Pr--es;d-e/l-l- (name of officer or agent, title of officer or agent), of
(Y) a -Iç h pt'J,'í1-f. Lñc . (name of corporation acknowledging), a
I
F / Or?' d ~ (state or place of incorporation) corporation, on behalf of the
corporation. He/She is personally known to me sr has produced
(type of identificatien) 03 idelltificatioll.
\~~; ~~tkg
Notary Pu ·c - State of rida
p..~y Pú OFRCIALNOTARY SEAL
0" a~ CATHERINE :NGLES5
<' 'ID~ r;r 0
~ ~l~.:1 )to COMMISSION NUMBER
:y .~~ J 00135747
~ 0 oq;. MY COMMISSION EXPIRES
F F\. JULY 22.2006
3
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERo7v1
I
AGENDA ITEM # <6:1: - REGULAR MEETING OF JANUARY 18_ 2005
AWARD OF BIDS AND CONTRACTS
TO:
SUBJECT:
DATE:
JANUARY 14,2005
This is before the City Commission to approve the award of the following bids:
1. Purchase award to Business information Systems, Inc. in the amount of
$18,663.50 to purchase the Digital Audio Recording System (FTR Gold)
including support services; and the purchase of one (1) laptop computer from
Dell in the amount of $1,619.32 for the City Clerk's Office. Funding is available
from 001-1411-512-64.90 (General Fund/Other Machinery/Equipment), 001-
1411-512-46.90 (General Fund/ Other Repair/Maintenance Costs), and 001-
1411-512-64.11 (General Fund/ Computer Equipment).
2. Purchase award to R&S Integrated Products and Services, Inc. in the amount of
$22,995.00 to purchase the EasyAgenda Software including support and
upgrades; and the purchase of eight (8) laptop computers from Dell and ten (10)
USB Drives from PC Universe in the amount of $13,424.56 for the paperless
agenda. Funding is available from 001-1411-512-66.10 (General
Fund/Software), 001-1411-512-46.90 (General Fund/Other Repair/
Maintenance Costs), 001-1111-511-64.11 (General Fund/Computer
Equipment), 001-1211-512-64.11 (General Fund/Computer Equipment), 001-
1802-512-64.11 (General Fund/Computer Equipment), and 001-1411-512-64.11
(General Fund/Computer Equipment).
3. Purchase award in the amount of $22,151.00 to Innovative Surveillance
Technology to upgrade outdated equipment on Police Department's Vice,
Intelligence, and Narcotics (VIN) Unit's undercover surveillance vehicle.
Funding is available from 115-2112-521-64.90 (Special Projects Funds/Law
Enforcement/Equipment/ Other).
4. Bid award to multiple vendors for the purchase of road construction materials
for the City, via Co-op Bid #2004-43, at an estimated annual cost of $65,000.00.
Funding is available from various departments (Streets Division/Construction
Division) operating budget and capital project accounts.
Recommend approval of the above bids and purchases.
S:\Clty Clerk\agenda memo\Bid Memo.01.18.0S
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CI1Y MANAGER ~
AGENDA ITEM# R':!. ~ 1.. - REGULAR MEETING OF JANUARY 18, 2005
PURCHASE AWARD TO BUSINESS INFORMATION SYSTEMS,
INC./DIGITAL AUDIO RECORDING SYSTEM/EOUIPMENT
TO:
SUBJECT:
DATE:
JANUARY 14,2005
This item is before the Commission to consider approval of a purchase award in the amount of
$18,663.50 to Business Information Systems, Inc. including support services for the Digital Audio
Recording System (FTR Gold); and the purchase of one (1) laptop computer from Dell in the amount
$1619.32 to be used by the City Clerk and Executive Assistant/Board Liaison for the portable system.
In April 2004, City Clerk staff and members of the MIS Division attended a presentation of the FTR
Gold Digital Audio Recording System with Jade Coldren of Business Information Systems, Inc. The
system records meetings digitally utilizing a computer and is compatible with the audio system
currendy installed in the chambers and the proposed audio changes for the chambers modernization
to be completed in FY 05/06 as listed in the 2005-2009 Capital Improvement Program. This system
will eliminate the use of manual recorders and cassette tapes. The meeting recordings can be accessed
from the City Clerk Staff hardrives for the transcription of minutes as well as providing copies to the
public on CD.
City Clerk staff visited the City of Boynton Beach which has been utilizing the FTR Gold Digital
Recording System for two (2) years and is pleased with the quality of the system. Business
Information Systems is the only provider of the system in the surrounding area.
Funding is available from 001-1411-512-64.90 (General Fund/Other Machinery/Equipment), 001-
1411-512-46.90 (General Fund/Other Repair/Maintenance Costs), and 001-1411-512-64.11 (General
Fund/Computer Equipment).
Recommend approval of the purchase award to Business Information Systems, Inc. in the amount of
$18,663.50 including support services for the Digital Audio Recording System (FTR Gold); and the
purchase of one (1) laptop computer from Dell in the amount of$1619.32.
S:\City Clerk\ agenda memos\Purchase Award.BIS, Inc.Ol.18.0S
BIS
City of Delray Beach
Attn: Chevelle Nubin
Deputy Clerk
100 N.W. 1st Avenue
Delray Beach, FL 33444
Phone 561-243-7057 / Fax
nubi n(Q)ci .delrav-beach. fl. us
BIS Digital Audio Capture System
7-Apr-04
Qty. Part #.
Description
Unit Price. Total Price.
1
Digital Audio Capture Systems
BIS-RN-2CK Recorder - 2 channel kit
-Notes Software
-Headset and Foot Pedal
$ 4,890.00 $ 4,890.00
2
$ 5,995.00 $ 11,990.00
BIS-PRN-2CH-3MK Portable Recorder 2 channel kit
includes: Recorder and Notes software, headphones
3 microphones kits (3 uni-directional, and cables)
MX2-4/6 mixer, case
BIS-HS/SPKR-CTRL Headset/Speaker Control Box
$
45.00 $
Equipment Total $
Less Discount $
Setup, Installation & Training $
First Year Service $
Total $
Leasing is available upon Request
BIS-PTK
BIS-PIV-RDFS
SYSTEM OPTIONS
Prof. Transcription Kit - Foot pedal, Notes, Headset, Player
Reporter/Duplication PC w/ 15" Flat Screen
PIV,256MB,60+GB,SVGA,keyboard & mouse,56kv.90
CD-ROM Drive,CD-Recordable Drive, Windows XP ,Speakers
NIC Card.
$ 695.00 $
$ 2,300.00 $
BIS-L TPIV-FTRG
$ 2,500.00 $
Laptop PIV 256 MB RAM, 30+ Gig HD.,
full duplex stereo sound card w/line-in, Internal CD-RW
Windows XP
Business Information Systems, Inc.
1350 NE 56th Street, #300
Ft. Lauderdale, FI33334
800-834-7674 x2081
45.00
16,925.00
(1,692.50)
1,400.00
2,031.00
18,663.50
BIS
TERMS AND CONDITIONS
Effective Period: This proposal is a firm offer for 45 days from quote date
Make Order To: Business Information Systems, Inc.
1350 NE 56th Street, Suite 300
Ft.Lauderdale FI 33334
Phone 800-834-7674/ Fax 877-858-5611
Tax Status: Taxes will be added unless Tax Exempt Form is on file.
Terms: Net Due on Delivery (Receipt of goods at customer site).
Installation will be billed separately on completion.
Deposit: 50% Due with order on orders over $15,000.00
Restocking Fee: 18% restocking fee will be charged for all cancelled orders
Installation: BIS will install all software on existing hardware or supplied hardware.
BIS will provide complete testing of system once on-site and provide
customer with sign-off documents representing installation completion.
Site Preparation: Customer to supply all conduit and cable pulls.
unless otherwise agreed by both BIS and customer in writing.
Training: BIS will provide full training of all system users per agreed training
schedule.
Warranty Period: 90 days from delivery.
Warranty: Covers all BIS supplied items (Hardware & Software)
24n Technical Support via 800 Hot Line.
Emergency On-Site support as required.
Prepared By: Jade Coldren
Accepted by: Signature,
Print,
Date
This signature or Purchase Order '# states acceptance to the above price, terms and authorizes
Business Information Systems to order, Install and bill for the above equipment.
Business Information Systems, Inc.
1350 NE 56th Street, #300
Ft. Lauderdale, F133334
800-834-7674 x2081
BIS
SYSTEM HARDWARE REQUIREMENTS
4-Channel System
500 MHz Intel Processor, 256 Mb RAM, PCMCIA (laptops) Slot,
PCI Slot (tower), Window XP, 2000, Windows Compatible Full Duplex
Stereo Sound Playback Support, 256-Color, 800x600 Video Display,
Compatible High Capacity Removable Media Drive for Archiving.
(ALL LAPTOPS NEED TO BE APPROVED BY FTRlBIS)
2-Channel System
400 MHz Intel Processor, 256 Mb RAM,
Window XP, 2000, 98, Windows Compatible Full Duplex
Stereo Sound Playback Support, 256-Color, 800x600 Video Display,
Compatible High Capacity Removable Media Drive for Archiving.
Stereo Audio Line-In.
(ALL LAPTOPS NEED TO BE APPROVED BY FTRlBIS)
Player Plus
233 MHz Intel Pentium Processor, 64 Mb RAM,
Microsoft Windows 98/2000/XP, Windows Compatible
Stereo Sound Card w/HS Jack, 256-Color, 800x600 Display Adapter,
Game Port or USB Port for Compatible Foot Pedal.
SOFTWARE DISCLAIMER
The above specifications are based on minimum requirements to run
Digital Audio Recording software only. If operating procedures require other
applications to run concurrently, please alert our representative so
that we may determine appropriate system specifications.
Business Information Systems, Inc.
1350 NE 56th Street, #300
Ft. Lauderdale, FI 33334
80Q-834-7674 x2081
Dell Inspiron 5160 Notebook Product Details - State and Local Government
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BACK TO: USA> Flonda State Store - Contract # 250-000-03-1 > ... > Compare Delllnspiron TM Notebooks
Inspiron 5160 Details
High-end processors, advanced graphics, and super sharp displays position the Inspiron™ 5160 a
multimedia workhorse. Powered by a Mobile Intel® pentium® 4 processor, the Inspiron 5160 makl
work of office productivity, home movies or digital picture editing.
C)
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Tech Specs
~ Inspiron 5160 3D T
Balance of Price & Performance
Processor: Fast Mobile Intel® pentium® 4 Processor or Mobile Inte¡® pentium® 4 Processor
with HT Technology 1
Operating System: Choice of Operating Systems:
. Microsott® Windows® XP Professional
. Microsott® Windows® XP Home
Graphics: Choice of XGI® Volari™ XP5 or NVIDIA® GeForce™ FX G05200 4X AGP graphics,
great for productivity and multi-media applications.
Display: Choice of 15" SXGA+ or 15" XGA display.
Wireless: Optional internal wireless card for the freedom to roam.
Media Bay Options: Configurable DVD-ROM, CD Burner/DVD Combo Drive or CD/DVD Burner
(DVD+RW/+R)2 for ultimate scalability.
Limited Warranty: Comes standard with a 1 year Limited Warranty3, On-Site Service and
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http://www1.us.dell.com/content/products/productdetails.aspx/inspn_5160?c=us&cs=RC9...1/14/2005
D~ll Inspiron 5160 Notebook Product Details - State and Local Government
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BACK TO: USA> Florida State Store - Contract # 250-000-03-1
1 Power management features limit processor speed to maintain system cooling or power requirements.
2 Please note that DVD discs burned with this drive may not be compatible with some existing DVD drives and players; using DVD+R ml
provides maximum compatibility.
3 You can get a copy of our limited warranties and guarantees by writing Dell USA LP, Attn: Warranties, One Dell Way, Round Rock, TX
To purchase warranty only or for information on other service options, please call 1-800-915-3355 or visit
http://www.deIl4me.com/termsandconditions.
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---DELL
RE.CE\VEO
JAM , 3 2005
C\<~,? <GLERK
,t, - QUOTE #:
Customer #:
Contract #:
Customer Agreement #:
Quote Date:
Customer Name:
Date: 116105 9:33:15 AM
Page 1 of2
QUOTATION
195990569
1015934
90231
250-000-03-1
1/6/05
CITY OF DELRA Y BEACH
TOTAL QUOTE AMOUNT: $8,096.60
Product Subtotal: $8,096.60
Tax: $0.00
Shipping & Handling: $0.00
Shipping Method: Ground Total Number of System Groups: 1
GROUP: 1 1 QUANTITY: 5 SYSTEM PRICE: $1,619.321 GROUP TOTAL: $8,096.60
Base Unit: Inspiron 5160,Mobile Intel Pentium 4 Processor 518 (2.80GHz) (221-6591)
Processor: 15 inch XGA Display for Inspiron 5160-(320-4019)
Memory: 1GB,333MHz,2 DIMMs,for Inspiron 5160 (311-3987)
Video Card: 32MB XGI XP5 Video Graphics Card, for Inspiron 5160 (320-4015)
Hard Drive: 30GB Ultra ATA Hard Drive for Inspiron 5160 (341-1419)
C::u..t""rn· ,. - .. - --_.
....::1- .---- \~ '",-vvV"
Operating System: Microsoft Windows XP Professional, Service Pack 2, English, for Inspiron (420-4770)
Operating System: Dell Owners Manual installed on your system, click on icon after system set-up to access (463-
2282)
Operating System: DELL SUPPORT 3.0,INSP (420-4830)
NIC: Integrated Network Interface Card for Inspiron 5160 (430-1051)
Modem: Internal 56k Modem for Inspiron 5160 (312-0302)
CD-ROM or DVD-ROM Drive: 8X Max Variable DVD-ROM Drive for Inspiron 5160 (341-1423)
CD-ROM or DVD-ROM Drive: CyberLink PowerDVD v5.1, Decoding Sofware for DVD Drives,for Inspiron (430-1050)
Processor Cable: Dell Wireless 1450 DualBand (802.11a/b/g) Internal Wireless (430-0929)
Bundled Software: No Productivity Software requested (412-1397)
Factory Installed Software: NO SECURITY SUBSCRIPTION, MCAFEE (412-0755)
Feature 96 WHr 12-cell Lithium Ion Primary Battery (310-4701)
Feature Extra-Large Nylon Deluxe CarryCase (310-4764)
Service: Soft Contracts - Business Complete Care (412-0357)
Service: Type 3 Contract - Next Business Day Parts and Labor On-Site Response, Initial Year (950-7800)
Service: Type 3 Contract - Next Business Day Parts and Labor On-Site Response, 2YR Extended (950-
7802)
Service: CompleteCare Accidental DamageService, Inspiron, 3 Year (960-1937)
Service: Technical Support. Initial Year (960-2780)
Service: Technical Support. 2 Year Extended (950-5442)
Dirline: Gold Technical Support Servicelnspiron, 3 Years, 1-866-876-3355 (DELL) (960-0509)
Dirline: GTS,Personal Systems,TechnicalSupport Letter (461-3749)
Installation: Standard On-Site Installation Declined (900-9987)
Mise: AOL BSD/SMB (412-0586)
file://C:\Documents and Settings\garrett\Local Settings\Temporary Internet Files\OLK75\Q... 1/6/2005
/I
£~'
//
,-
/
/
Page 2 of2
j
/
//
/
Mise: Dell/My Way Home Page (412-0625)
Mise: Paint Shop Photo Album 5.1 Standard (412-0744)
Mise: Dell Media Experience 3.0 Basic (412-0751)
COMMENTS
FL# 250-000-03-1
SALES REP: BARBARA HARBER PHONE: 1800-981-3355
Email Address: Barbara_Harber@Dell.com Phone Ext: 43012
For your convenience, your sales representative, quote number and customer number have been
included to provide you with faster service when you are ready to place your order. You may also
place your order online at www.dell.com/quote
This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement,
is subject to the applicable Dell terms and conditions agreement.
Prices and tax rates are valid in the U.S. only and are subject to change.
**Sa/es/use tax is 3 dcstiR3tiOR chargc, i.e. based on the ·ship to-!!-address on your purchase order.
Please indicate your taxability status on your PO. If exempt, please fax exemption certificate to
Dell Tax Department at 512-283-9276, referencing your customer number.
If you have any questions regarding tax please call 800-433-9019. **
All product and pricing information is based on latest information available. Subject to change without
notice or obligation.
LCD panels in Dell products contain mercury, please dispose properly.
Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal
options at US_Dell_ARS_Requests@dell.com. Minimum quantities may apply.
Shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be
applied to your invoice as early as July 1, 2004. Prices in your cart do not reflect this fee. More Info: or
refer to URl www.dell.com/environmentalfee
file://C:\Documents and Settings\garrett\Local Settings\Temporary Internet Files\OLK75\Q... 1/6/2005
Date: ~ \6 \ \b
" "
AGENDA ITEM NUMBER:
~I,~
AGENDA REQUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: \\ \ ~ OS
~ "
Description of agenda item (who, what, where, how much):
Purchase Award to Business Information Systems, Inc. including support services in the
amount of $18,663.50 for the Digital Audio Recording System (FTR Gold); and the
purchase of one (1) laptop computer from Dell in the amount $1619.32 to be used by the
City Clerk and Executive Assistant/Board Liaison for the portable system. Funding is
available from 001-1411-512-64.90 (General Fund/Other Machinery/Equipment), 001-
1411-512-46.90 (General Fund/Other Repair/Maintenance Costs), and 001-1411-512-64.11
(General Fund/Computer Equipment).
~epartment Head ~ ~ ~ "~
SIgnature: V' \ '\J
City Attorney Review/Recommendation (if applicable):
BudgeV?irector ~evi~w (required on all items involving expenditure of funds):
I:-,YV~ W~
Funding Available: Yes/No Initials:
Account Number (s) same as listed above
Description same as listed above
Account Balance: fl J'l¡H?J ~ 1Í41;D"~ ý-€JIf.. ~~"-~ '¡Þ'U
D¡1.l~~f-(W)~¿ ~~/ulW 1/~"lq.5:¿(f)k. P" !.~ r,q (j;""PJA,-I.s.v 4~hl·
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda:&;) / No Initials: tf7'-1
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM# %x:..~REGULAR MEETING OF JANUARY 18_ 2005
PURCHASE AWARD TO R&S INTEGRATED, INC./PAPERLESS
AGENDA/EQUIPMENT
TO:
SUBJECT:
DATE:
JANUARY 14,2005
This item is before the Commission to consider approval of a purchase award in the amount of
$22,995.00 to R&S Integrated Products and Services, Inc. including support services and upgrades for
the EasyAgenda; and the purchase of eight (8) laptop computers from Dell and ten (10) USB Drives
from PC Universe in the amount $13,424.56 to be used by the Commission, City Manager, Assistant
City Manager, and City Clerk for the Easy Agenda.
In March and April 2004, members of the MIS Division and the City Clerk's Office attended
presentations of both the NovusAGENDA by NovuSolutions and EasyAgenda by R&S Integrated
for our paperless agenda selection. During this time, we also received and reviewed paperless agenda
information from Palm Beach County. Both NovusAGENDA and R&S Integrated offer the
software at approximately $20,000 - $25,000. However, R&S Integrated has a much larger municipal
and educational clientele base in comparison to NovuSolutions.
In addition, R&S Integrated is currendy the vendor for our LaserFiche Document Imaging Software
which we use to scan past and current agendas, minutes, ordinances, and resolutions in the City
Clerk's Office. We have been extremely pleased with the professional services including technical
support received by the R&S Integrated staff. Our choice of R&S Integrated for the paperless agenda
allows us to remain compatible regarding servers and links to our webpage.
Funding is available from 001-1411-512-66.10 (General Fund/Software), 001-1411-512-46.90
(General Fund/Other Repair/Maintenance Costs), 001-1111-511-64.11 (General Fund/Computer
Equipment), 001-1211-512-64.11 (General Fund/Computer Equipment), 001-1802-512-64.11
(General Fund/Computer Equipment), and 001-1411-512-64.11 (General Fund/Computer
Equipment).
Recommend approval of the purchase award to R&S Integrated in the amount of $22,995.00
including support services and upgrades for the EasyAgenda; and the purchase of eight (8) laptop
computers from Dell and ten (10) USB drives from PC Universe as recommended by the MIS
Division in the amount of $13,424.56.
S:\City Clerk\ agenda memos\Purchase Award. R&S Integrated.OU8.0S
MEMORANDUM
TO: Chevelle Nubin
City Clerk
FROM: Guy Buzzelli b
MIS Manager
THROUGH: Joseph M. SaffO~'~
Director of Finance
RECEIVED
DEC L 0 2004
CfTV {~L' .Cðtf
f, , ~.J' t;n~
SUBJECT:
DATE:
Paperless Agenda
December 17, 2004
Please find attached quotes of recommended hardware for the Paperless Agenda. We
recommend two (2) 1 GB USB drives per PC so that the City Clerk personnel could prepare the
agenda on one drive while the other drive is being used on the PC.
Page 1 of2
---DELL
RECE\VEO
JAM' 3 2005
, "w"LC,ðK
Cff'1. '~i' ~,n
QUOTATION
Date: 1/6/059:33:15 AM
QUOTE #:
Customer #:
Contract #:
CustomerAgreement #:
Quote Date:
Customer Name:
195990569
1015934
90231
250-000-03-1
1/6/05
CITY OF DELRAY BEACH
TOTAL QUOTE AMOUNT: $8,096.60
Product Subtotal: $8,096.60
Tax: $0.00
Shipping & Handling: $0.00
Shipping Method: Ground Total Number of System Groups: 1
GROUP: 1 I QUANTITY: 5 SYSTEM PRICE: $1,619.321 GROUP TOTAL: $8,096.60
Base Unit: Inspiron 5160,MobiJe Intel Pentium 4 Processor 518 (2.80GHz) (221-6591)
Processor: 15 inch XGA Display for Inspiron 5160'(320-4019)
Memory: 1GB,333MHz,2 DIMMs,for Inspiron 5160 (311-3987)
Video Card: 32MB XGI XP5 Video Graphics Card, for Inspiron 5160 (320-4015)
Hard Drive: 30GB Ultra ATA Hard Drive for Inspiron 5160 (341-1419)
C:uC!!t.,,1TJ . .... ,.. I. .... .- ..
.~- -- '-'-, "
Operating System: Microsoft Windows XP Professional, Service Pack 2, English, for Inspiron (420-4770)
Operating System: Dell Owners Manual installed on your system,click on icon after system set-up to access (463-
2282)
Operating System: DELL SUPPORT 3.0,INSP (420-4830)
NIC: Integrated Network Interface Card for Inspiron 5160 (430-1051)
Modem: Internal 56k Modem for Inspiron 5160 (312-0302)
CD-ROM or DVD-ROM Drive: 8X Max Variable DVD-ROM Drive for Inspiron 5160 (341-1423)
CD-ROM or DVD-ROM Drive: CyberLink PowerDVD v5.1, Decoding Sofware for DVD Drives,for Inspiron (430-1050)
Processor Cable: Dell Wireless 1450 DualBand (802.11a/b/g) Internal Wireless (430-0929)
Bundled Software: No Productivity Software requested (412-1397)
Factory Installed Software: NO SECURITY SUBSCRIPTION, MCAFEE (412-0755)
Feature 96 WHr 12-cell Lithium Ion Primary Battery (310-4701)
Feature Extra-Large Nylon Deluxe CarryCase (310-4764)
Service: Soft Contracts - Business Complete Care (412-0357)
Service: Type 3 Contract - Next Business Day Parts and Labor On-Site Response, Initial Year (950-7800)
Service: Type 3 Contract - Next Business Day Parts and Labor On-Site Response, 2YR Extended (950-
7802)
Service: CompleteCare Accidental DamageService, Inspiron, 3 Year (960-1937)
Service: Technical Support, Initial Year (960-2780)
Service: Technical Support, 2 Year Extended (950-5442)
Dirline: Gold Technical Support Servicelnspiron, 3 Years, 1-866-876-3355 (DELL) (960-0509)
Dirline: GTS,Personal Systems,TechnicalSupport Letter (461-3749)
Installation: Standard On-Site Installation Declined (900-9987)
Mise: AOL BSD/SMB (412-0586)
file://C:\Documents and Settings\garrett\Local Settings\Temporary Internet Files\OLK75\Q... 1/6/2005
Ii
/
-//
Page 2 of2
/
/
/
<
/
Mise: DelUMy Way Home Page (412-0625)
Mise: Paint Shop Photo Album 5.1 Standard (412-0744)
Mise: Dell Media Experience 3.0 Basic (412-0751)
COMMENTS
FL# 250-000-03-1
SALES REP: BARBARA HARBER PHONE: 1800-981-3355
Email Address: Barbara Harber@Dell.com Phone Ext: 43012
For your convenience, your sales representative, quote number and customer number have been
included to provide you with faster service when you are ready to place your order. You may also
place your order online at www.dell.com/quote
This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement,
is subject to the applicable Dell terms and conditions agreement.
Prices and tax rates are valid in the U.S. only and are subject to change.
- **Sales1use tax is 3 destiR::JtioR charge, i.e. based on the ·ship to" address on your purchase order.
Please indicate your taxability status on your PO. If exempt, please fax exemption certificate to
Dell Tax Department at 512-283-9276, referencing your customer number.
( you have any questions regarding tax please call 800-433-9019. **
All product and pricing information is based on latest information available. Subject to change without
notice or obligation.
LCD panels in Dell products contain mercury, please dispose properly.
Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal
options at US_Dell_ARS_Requests@dell.com. Minimum quantities may apply.
Shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be
applied to your invoice as early as July 1, 2004. Prices in your cart do not reflect this fee. More Info: or
refer to URL www.dell.com/environmentalfee
file://C:\Documents and Settings\garrett\Local Settings\Temporary Internet Files\OLK75\Q... 1/6/2005
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R&S Integrated
Products and Services Inc.
Information through Innovation
1647 Y2 George Jenkins Blvd.
Lakeland, FL 33815
Voice 863.683.9393 Facsimile 863.686.0610
www.rsoasis.com
R&S Integrated
Document Imaging and Information Management Systems
City of Delary Beach
Automated Agenda Processing Systems
Departmental Costs and Specifications
Budget Pricing
Document #VoW2004Q1A 1
presented by R&S Integrated
March 30, 2004
City of Delray Beach
Automated Agenda Processing
March 30, 2004
Introduction
This document presents budget information for implementing automated Agenda processing for the City of
Delray Beach. Parameters for a pilot/evaluation project are also presented.
R&S EasyAgenda
EasyAgenda is an R&S product that automates the Agenda process - from creation, to approval, to publishing.
At the core of EasyAgenda is the R&S OpusDoc publishing engine. OpusDoc is technology developed by R&S
that will publish many Microsoft Word documents into a single Word document. Through the OpusDoc
publishing event, an index or table of contents is created; all corresponding documents are linked through the
index or table of contents. A user can simply click on an item in the index or table of contents and OpusDoc
will take the user to the corresponding page(s); by selecting the 'back' button, the user returns to the table of
contents or index. Opus Doc can process documents and scanned images.
In the near future, the OpusDoc engine can be enhanced with R&S BudgetF/ow - automated budget
creation, approval, and publishing. The same OpusDoc publishing engine that is used to create the
Agenda documents in EasyAgenda can be upgraded to support BudgetF/ow (extra cost module).
R&S 'EasyAgenda' will automate calendaring, management, agenda item request, production, and review
processes for agendas associated with City council meetings. Agenda items can be created, requested,
supporting documents scanned, and agenda items are routed to particular individuals for review and approval.
This R&S solution automates the request of agenda items for City council meetings, the imaging of associated
supporting documents, provides management of the review and approval process for City 'agenda items',
provides for ordering, sectioning, and priority of agenda items, and the creates the City Agenda Index, Agenda,
and Agenda Packet for meetings. EasyAgenda will publish the 'Agenda Index' and 'Agenda Packet' with the
agenda index, each agenda item, and the supporting documentation for each agenda item. EasyAgenda is
integrated with LaserFiche to provide document management and records archive. City 'Agenda' records can be
available via the Internet/Intranet, distributed via email from EasyAgenda, a networked LaserFiche EDMS, or
accessed through EasyAgenda.
Easy Agenda creates the recurring council meetings. EasyAgenda can also be used to manage any type of
meeting in the City - such as seminars, board meetings, training classes, workshops, etc. 'Cutoff date and
times can be set for the meetings.
R&S Integrated
Document Imaging and Information Management Systems
City of Delray Beach
Automated Agenda Processing
March 30, 2004
During EasyAgenda setup, particular 'Item Types' are identified. An approval process or workflow for each item
type is created in EasyAgenda. For example, a 'submitter' in a department uses the EasyAgenda interface and
MS Word to create the item and add or scan supporting information. The user also determines the item type
and section of the Agenda. Several people can participate in creating the Agenda item. After the item is
finished, the Agenda Item is 'Submitted', an emait is sent to the City Clerk (or assigned Agenda manager) with a
link to the Agenda Item in EasyAgenda. Additionally, the person responsible for approving the user's Agenda
Items (typically the department director or manager) receives an emait with a link to the item in EasyAgenda.
The user can review and approve the Agenda Item through EasyAgenda.
Any user (with proper security rights) can send the item back to the previous step for edit by the user (or owner)
that created the item. The department manager can also edit the Agenda Item prior to routing the item to the
City Clerk and City Manager. After 'Accepted' is accomplished by the Department Director, an email is sent to
the City Clerk and the City Manager with a link to the Agenda Item in EasyAgenda.
If the Agenda Item has a legal impact or a financial impact, after the departmental 'Accepted' step, the Attorney
and/or the Finance Director receive an emait with a link to the Agenda Item in EasyAgenda. After 'Approved' by
the Attorney and/or the Finance Director, and an emait is sent to the City Clerk and the City Manager with a link
to the Agenda Item in EasyAgenda.
After an item has been accepted and approved by the City Clerk and the City Manager, this step is called 'Final
Approval', the item can no longer be edited by the 'owner', department manager, attorney, or finance director. At
this step, 'Final Approval', only the City Clerk and the City Manager can edit an Agenda item.
The City Clerk (or assigned Agenda manager) can also reschedule an item to another meeting; or, the entire
meeting with all items and supporting data can be rescheduled.
Once all items have reached 'Final Approval', the City Clerk or EasyAgenda Manager can move items from one
section to another; additionally, the order of items within a section can be changed.
R&S Integrated
Document Imaging and Information Management Systems
2
City of Delray Beach
Automated Agenda Processing
March 30, 2004
The agenda documents are produced in determined format with supporting documents. EasyAgenda can
produce three different Agenda documents. The EasyAgenda Manager determines the format and
characteristics of each Agenda document:
Agenda Index or Agenda Shell - this document lists each Agenda item with a simple one line title to describe
the item, similar to table of contents.
The Agenda - this document contains a complete description for each item (similar to information listed on an
Agenda Item cover page or routing sheet, or report). Each item contains the Item Title, Item Request, Item
Explanation, and Item Recommendation (text describing concerned departments recommendation to the item).
The Agenda begins with the Agenda Summary. Each item in the Agenda Summary is linked to the actual
Agenda Item.
Agenda with Backup or 'Agenda Packet'- this document contains a complete description for each item; each
item contains the Item Title, Item Request, Item Explanation, and Item Recommendation (text describing
concerned departments recommendation to the item). The Agenda Packet begins with the Agenda Summary.
Each item in the Agenda Summary is linked to the actual Agenda Item. The supporting hard copy is scanned or
attached to the Agenda Item in Easy Agenda. The 'backup' for each item follows each item. Each item with
backup is linked through the Agenda Summary.
The resultant Word document with hyperlinks throughout can be automatically converted to PDF with hyperlinks.
EasyAgenda automatically distributes the different Agenda documents through email; the EasyAgenda Manager
controls which users get which documents. PDF & Word versions of each are created.
The EasyAgenda document can be SnapShot'd to create an image record of each document; this document can
be automatically archived to the LaserFiche EDMS.
EasyAgenda requires Microsoft SOL Server or can utilize Microsoft MSDE.
R&S EasyAgenda is currently installed and in production at the cities of Kissimmee and Lauderdale Lakes. By
year end, over ten (10) cities plan to use EasyAgenda for automated Agenda processing.
Payment Terms - Acquisition
To promote use of EasyAgenda, R&S is offering the City of Delray Beach a risk free pilot program. The City can
use the software for 90 days to evaluate technology; if the City decides to purchase EasyAgenda, final payment
is not due until October 31, 2004. However, if other account dollars could be used for partial or full payment prior
to October, R&S will accept partial or full payment at the end of the 90 day pilot program. R&S is prepared to
start this project April 2004.
R&S Integrated
Document Imaging and Information Management Systems
3
City of Delray Beach
Automated Agenda Processing
March 30, 2004
Budget Cost Proposal
Automated Agenda Processing
R&S Integrated
Document Imaging and Information Management Systems
4
City of Delray Beach
Automated Agenda Processing
R&S EasyAgenda
Automated Agenda Request, Management, Building, Distribution, and Publishing
R&S Eas A enda
1a. RSEZAGNU1
R&S EasyAgenda - One (1) editor/manager,
Three (3) Approval, up to eight (8) submitters and view only users
Support and Upgrades for one year
Professional services setu customization user trainin
1
80
$14,995
$2,995
$140
1b. RSEZAGNU1P
1c. RS2164
Above System Includes the R&S OpusDoc Publishing Engine
$14,995
$2,995
$11 200
$29,190
Pilot Program Discount If commitment made before April 30, 2004 $24,995
Addltlonaly Project Discount for Existing R&S Installation/ProJect I $22,9951
Optional Modules
$4,995
$995
$3.995
$895
Page 4A Titusville EasyAgenda 200401 3/31/2004
$4,995
$995
$5,990
$3,995
$895
$4,890
City of Delray Beach
Automated Agenda Processing
March 30, 2004
EasyAgenda History
Approximately three years ago, R&S recognized the need for a tool that would provide an easy-ta-use, web-based
framework for automating the process of creating and managing city and county government agendas. Solution
would be used by departments such as the City Clerk's office, City Commission/Council, Community
Redevelopment Agency, and/or the Board of County Commissioners. In developing the design strategy for the
agenda automation product, EasyAgenda Pro, R&S realized that meeting agenda creation, approval, and
management process is functionally a collaborative process that follows a particular hierarchy. Therefore, our
development approach for EasyAgenda was to design and develop a core collaborative 'engine', which can be re-
focused on demand to automate not only an agenda process, but also many similar collaborative processes, such
as the budgeting process found in most organizations. The core engine is called 'OpusDoc'.
EasyAgenda Pro will automate calendaring, agenda management, item request, agenda production (shell,
complete agenda packet, and complete packet with supporting documents), and review and approval processes for
organizational, city, and county agendas for scheduled meetings. Agenda items can be submitted, supporting
documents scanned, agenda items routed to specified individuals for review and approval through workflow
automation, and the agenda then produced in a pre-defined format with supporting documents. R&S currently has
two customer installations of the EasyAgenda Pro solution running in full production. EasyAgenda Pro provides
imaging capabilities to capture agenda item supporting information or 'backup'.
Additionally, EasyAgenda Pro will publish the Agenda packet with the agenda index, each agenda item, and the
supporting documentation for each agenda item. The complete Agenda packet can also be published to the web
for immediate public access. EasyAgenda Pro will also support the creation, approval, and management of the
post-meeting minutes in the same fashion as the agenda.
EasyAgenda is integrated with LaserFiche to provide further document management, production scanning and
indexing, word search with image highlights throughout all Agenda documents, content management, and image
archival and retrieval. Q-ganization, municipal, and county agenda records can be available via the
Internet/Intranet, a networked LaserFiche EDMS, distributed on CD-RIDVD-R optical disc with the LaserFiche
'Viewer' on each disc, and/or printed in hard copy as a complete set of the Agenda 'packet'.
R&S Integrated
Document Imaging and Information Management Systems
5
City of Delray Beach
Automated Agenda Processing
March 30, 2004
EasyAgenda Overview
In general, the presented Automated Agenda Solution provides the following key areas of functionality:
· Provides a web-based interface for the submission, approval, and management of agenda items
· Automated workflow for item approval routing
· Automated E-mail notification of agenda item status
· Ability to re-order agenda items, delete agenda items, or move agenda items to another agenda
· Ability to automatically generate and publish agenda documents: shell, complete agenda, and complete
agenda with supporting documentation
· Automated publication of completed agenda to a web site
· Concurrent management of multiple agendas of different types
· Logging of voting results and 'actions' for each item during or after a meeting (to produce Action Agenda)
· Interface to produce the 'Minutes' using the interface while viewing the Agenda Shell
R&S Integrated - The EasyAgenda Solution
R&S's EasyAgenda Pro (Version 2.0) is a complete, web-based software tool for managing the creation,
submittal, approval, development, publication, and distribution of meeting agendas. Utilizing an in-house
designed core technology that is capable of generic collaborative process management, R&S developed the
EasyAgenda Pro application in 2002 as the first of what is anticipated to be several similar applications. The
process of creating and managing a meeting agenda is a classic example of a collaborative work process within
a hierarchical framework. Multiple parties provide input to the p-ocess, key individuals and/or departments
provide approval authority at multiple levels, and final agenda documents are created and distributed. During the
meeting, notes and actions are taken. Upon completion of the meeting, minutes are created, presented for
approval in the next meeting, published and distributed, and archived for some period.
In the vast majority of government agencies today, these processes are manual, and deal primarily with paper-
based documents. The process is tedious, error-prone, and very costly in terms of time and materials. A
mistake in the 'final' agenda packet or a change in agenda item order can be cause to re-publish and re-copy
the entire agenda packet, or a major portion thereof.
It is this manual process that EasyAgenda Pro addresses, eliminating the manual steps through process
automation. Users simply log in to the EasyAgenda Pro application through a standard web browser, and based
upon security settings can submit, review, approve, re-order, delete, publish, distribute, or othelWise manage
individual agenda items.
R&S Integrated
Document Imaging and Information Management Systems
6
City of Delray Beach
Automated Agenda Processing
March 30, 2004
Individuals responsible for the complete agenda creation, publication, and distribution process can log in and
create any or all of the various agenda products, such as the agenda shell, a complete agenda, and the
complete agenda including all supporting documentation (Agenda Packet). The completed agenda can then be
e-mailed to all interested or required parties, distributed via CD-ROM or DVD-R, or distributed through any other
appropriate means. Once approved, the agenda can also be automatically posted to a web site, enabling
immediate public access.
Additionally, an agenda manager can produce the Agenda Results (or Action Agenda) and draft the meeting
'Minutes' while using EasyAgenda during or after the meeting. Final 'Minutes' can be edited and produced at
any time. Votes on individual items can be recorded and/or downloaded from automated voting systems.
Workflow Management
The workflow automation within EasyAgenda Pro is driven by user-defined rules based on approval level and item
type. Once an agenda item has been submitted, it is automatically routed via workflow through the approval
process based upon user-defined business rules. Individuals responsible for approval action can provide
annotations regarding a specific agenda item, add additional information, or make changes to an existing
annotation. EasyAgenda Pro can be integrated with any MAPI compliant e-mail system (such as GroupWise)
to notify individuals responsible for approval action, and allowing submitters to be provided with status
information regarding their submitted items via e-mail notification. EasyAgenda Pro's workflow also supports
multiple and ad-hoc routing scenarios, such as an agenda item submitted, returned to originator for change, re-
submitted, etc.
Document Imaging, Agenda Management, Records Archive
Many agenda items require a scanned document to support the item. The scanning of supporting information for
agenda items is managed through EasyAgenda and Microsoft Word. Any scanner with Twain drivers installed
can support the EasyAgenda scanning process for Agenda items. The imaged documents are attached to the
agenda item through the EasyAgenda interface. During EasyAgenda publishing, a user produces a dynamic
Word document, a hyperlinked Adobe PDF file, and a complete image copy of the following:
Agenda Shell - one line description or title of each agenda item
Agenda - Agenda Shell first several pages, items linked to full Agenda item, and all sections of the item routing
or cover page
Agenda Packet - Agenda Shell first several pages, items linked to full Agenda item and supporting documents
Agenda Results - during or after the meeting, an agenda manager can produce the Action Agenda
Minutes - final 'Minutes' can be edited and produced at any time. Minute documents are easily added to the
next Agenda/meeting for approval
Note: the image copy is not dynamic or linked; this is the record copy of the Agenda documents.
R&S Integrated
Document Imaging and Information Management Systems
7
City of Delray Beach
Automated Agenda Processing
March 30, 2004
EasyAgenda manages and provides access to all historic Agenda documents. EasyAgenda is integrated with
the LaserFiche EDMS (optional in cost proposal, see page 10 for details) to provide further document
management, records archive, production scanning and indexing, and document retrieval. Word or text
searches throughout all Agenda documents is accomplished through the LaserFiche EDMS. Requested words
or phrases are highlighted on the actual image for easy recognition and fast research; text lines from the
resultant documents are presented in a search results window allowing the user to easily identify the desired
document(s). City agenda records are available via the Internet/Intranet, a networked LaserFiche EDMS, can be
distributed on CDRlDVDR optical disc with the LaserFiche 'Viewer' on each disc, and/or printed in hard copy as
a complete set of the Agenda documents.
Building Electronic Council Agenda
EasyAgenda Pro's facilities for creating interim or final, approved agenda documents allows for any of the
standard agenda formats to be created based upon user-defined Word templates. The system can create a
basic 'Agenda Shell' (containing essentially an outline of the full agenda but with no detail or supporting
documentation), a complete detailed Agenda, and/or a complete agenda (Agenda Packet) with all supporting
documents. The ease with which an agenda document can be created, is based upon the tight integration of
EasyAgenda Pro with Microsoft Word. Agenda items are submitted through the use of user-defined Word
templates, providing a familiar interface and 'look and feel' to the item submission and approval process.
These templates then form the basis on which the agenda is created. The use of templates automatically
standardizes the agenda format simplifying the document, provides spell check, and ensures consistent format
throughout.
A simple point and click, security controlled browser interface allows agenda items, including their supporting
documentation, to be added to, moved between, or deleted from multiple agendas prior to final publication.
Supporting documentation can be easily attached to an agenda item through this same easy to use interface.
Since the agenda document(s) are electronic in nature, upon creation of the agenda, the Agenda Shell, the
Agenda, and the Agenda Packet can be immediately published and distributed to all required individuals. The
resultant documents can also be published to the City's web site for public access, moving the previously
posted agenda to an archive location. The final agenda documents incorporate hyperlinks to each item and it's
supporting documents, eliminating lengthy manual browsing and searching for specific agenda items and/or their
supporting documentation.
Management of Electronic Attachments
Within EasyAgenda Pro, supporting documents are associated with a specific agenda item as attachments to
that item. The electronic files themselves are managed by EasyAgenda Pro to allow automatic association of
the attachments with the agenda items. This allows the system to automatically build a completed agenda with
supporting documentation without the user having to independently locate and collate individual supporting
documents. EasyAgenda Pro is capable of managing supporting document files of virtually any type, such as
R&S Integrated
Document Imaging and Information Management Systems
8
City of Delray Beach
Automated Agenda Processing
March 30, 2004
Adobe PDF, Microsoft Office Suite (Excel, Word, PowerPoint, etc.), engineering CAD files, etc. Files can
imaged electronically and attached to agenda items.
Action Agenda, Voting Results for Agenda Items
During or after the meeting, while viewing the Agenda and each Agenda item in the EasyAgenda interface, the
agenda manager can produce the Agenda Results (or Action Agenda) and draft the meeting 'Minutes'. Final
'Minutes' can be edited to desired format and produced at any time. Votes on individual items can be recorded
through Easy Agenda and/or downloaded from automated voting systems (such as provided by Digital Congress
Network).
Technical Requirements
EasyAgenda Pro is currently installed and in full production usage at two R&S client sites. Each of these sites
is defined and discussed in detail in Section 3.0 -'Vendor References' of this proposal.
The EasyAgenda Pro solution is fully compatible with the City's existing user desktop environment of Windows
XP operating system, Microsoft Office Suite, and Microsoft Internet Explorer browser version S.X and greater.
EasyAgenda Pro uses Microsoft SOL Server to manage users and systems objects. The solution is also fully
MAPI compliant, and will easily integrate with the City's electronic mail solution. Security is provided through
the use of a standard User Name and Password protocol. As EasyAgenda uses MS SOL Server, ad hoc report
writing can be accomplished through reporting tolls such as 'Crystal Reports. EasyAgenda Pro's workflow
engine fully supports user-defined and event-driven processes. This workflow includes support for automatic
transaction routing to support electronic approval processes. Access to the EasyAgenda Pro solution will be
available through the City's existing Wide-Area Network (WAN) and Intranet.
EasyAgenda Pro was designed from the ground up to eliminate the manual tasks generally associated with the
development, approval, production, distribution, and archival of meeting agendas and their associated action
agendas and minutes. The elimination of these manual tasks through automation and
workflow provides a significant initial Return on Investment (ROI), and high dollar savings each year over the
manual process. It also provides a number of 'soft dollar' savings, including elimination of human error (lost or
misplaced documents, production mistakes, distribution problems, etc.). These savings, coupled with the hard
dollar savings of reduced labor costs, reduced or eliminated paper and process costs, and reduced time for
production and management of the agenda will provide the City with an extremely cost-effective solution. Annual
support costs for the solution are held to a minimum, as the solution is Web-based, and therefore no client
software is required to be installed or supported.
R&S Integrated
Document Imaging and Information Management Systems
9
City of Delray Beach
Automated Agenda Processing
R&S Document Imaging and Data Capture Installations
March 30, 2004
GOVERNMENT
City of Miami
City of Miami Beach
City of Delray Beach
City of Boca Raton
City of Kissimmee
City of Boynton Beach
City of Greenacres
City of New Smyrna Beach
City of Titusville
City of Deerfield Beach
City of Homestead
City of Stuart, City and Police
City of Casselberry
City of Minneola
City of Inverness
City of Boca Raton
Village of Wellington
Village of Palm Springs
Town of Lauderdale-By-The-Sea
Town of Palm Beach Shores
City of Lauderdale Lakes
City of Zephyrhills
Monroe County Clerk of the Circuit Court
Monroe County Property Appraiser
Lee County Property Appraiser
Collier County - Clerk of the Circuit Court
Florida Department of Health,
Florida Department of Financial Services
Shades of Green Resort, Department of the Army
Athens Clarke County
Florida Department of Citrus
St. Lucie County Board of County Commissioners
St. Lucie County Property Appraiser
St. Lucie County Clerk of the Circuit Court
St. Lucie County Veterans Affairs
Hillsborough County Clerk of the Circuit Court
Florida Keys Aqueduct Authority
Collier County - Sheriffs Office
Lee County Tax Collector's Office
Juvenile Welfare Board of Pinellas County
Coordinated Childcare á Pinellas County
EDUCATION
University of Central Florida
University of Florida Law College
Columbia County Schools
Florida State University
Putnam County Schools
RETAIL I COMMERCIAL
Advance Auto Parts/Stores
Discount Auto Parts
Qualex Consulting
Howard Schultz and Associates
Ryan Incorporated
Outback Steakhouse, Corporate Office
Sailormen Inc dba Popeyes Restaurants
National Gold Exchange
MEDICAL
AdvantEdge Healthcare Solutions
Morton Plant Mease Foundation
Shands Hospital - University of Florida
Moffit Cancer and Research Center
Cardiology Consultants, P.C
Premier Medical Review
FINANCIAL I REAL ESTATE
Griffith & Werner
Columbia Title and Research
Financial Strategies Workshop
First Summit / Jefferson Pilot Financial
American Express Financial Services
Southern Title
MANUFACTURING
Lockheed Martin Financial Services
Bausch & Lomb Pharmaceuticals
Worldwide, there are over 19,000 LaserFiche
Installations
R&S Integrated
Document Imaging and Information Management Systems
10
City of Delray Beach
Automated Agenda Processing
March 30, 2004
R&S Software Product and Integration Clients
Organizations have purchased R&S integration products such as 'Document Shuttle' (uses existing or
processed data to populate the LaserFiche database with template field values, automatically creates
folders and subfolders, and names documents), 'EZFind' (image enable existing software programs with
LaserFiche), and 'EZVolume' (monitors LaserFiche data volumes and notifies through email set capacities).
Lee County Tax Collector
Howard Schultz and Associates
Discount Auto Parts
Advanced Auto Stores
Forms Processing Inc.
Data Servicing Inc.
DSS Corporation
City of Homestead
AdvantEdge Healthcare Solutions
TKB Associates, Inc
Village of Lisle, IL
Compensation Funds of New Hampshire
Innovative Imaging
St. Lucie County
Collier County Clerk of the Court
Collier County Sheriffs Office
Village of Glenview, IL
City of Boynton Beach
City of Boynton Beach Police
City of Zephyrhills
IKON Office Solutions - Ontario, Quebec
Bce Emergis, Quebec
City of Jacksonville, NC
One Source Document Solution, Inc
New Vision Imaging Systems
Stem Cyte
Advance Stores Company, Incorporated
State Ethics Commission, PA
Municipal Code Corporation
Morenci Water and Electric Company
Sailormen InclDBAI Popeyes Chicken and Biscuits
Village of Wellington
ESC Imaging, Inc
City of St Claire Shores
Ncompass Networks
Bloss & Dillard
BOLT Document Management
Florida Keys Aqueduct Authority
Ray Morgan Company
Connectivity Business Systems
Nationwide Insurance
Housing Authority of the County of Los Angeles
Offutt, Fisher and Nord
Pro Medica
Engle Business Systems
Data Dash, Inc.
Juvenile Welfare Board of Pinellas County
Coordinated Childcare of Pinellas County
R&S Integrated
Document Imaging and Information Management Systems
11
City of Delray Beach
Automated Agenda Processing
March 30, 2004
R&S Integrated Fact Sheet
R&S has been a LaserFiche document imaging V AR for over nine years. R&S has been a MTi 'OCR for
Forms' V AR integrator for over six years. R&S has over 40 government LaserFiche imaging installations in
the state of Florida. These projects have involved integration with a variety of city, county, and state
departments. R&S has setup over 70 LaserFiche installations in the Southeast US, more than any other
LaserFiche VAR. Over 150 projects have been accomplished at these sites.
R&S products and services can be purchased via Florida SNAPS II. R&S has been involved in this state
contract program for over four years.
You should choose R&S Integrated as your LaserFiche imaging VAR for the following reasons.
· R&S has been a LaserFiche V AR integrator for over nine years
· R&S has over 70 active LaserFiche installations in the state of Florida
· R&S received the LaserFiche 'Expertise in Systems Integration' award in 2000
· R&S has been in the LaserFiche 'Presidents Circle' for the past five years (since creation of honor)
· R&S recognized by imaging industry as a leader in systems integration and project development
· All R&S imaging installations can be referenced for additional information, some promote site visits
· All R&S products and services are available via Florida SNAPS II contract
· R&S has integrated LaserFiche with Any Doc's 'OCR for AnyDoc' for automated image indexing & data
entry
· Numerous articles have been printed in industry magazines and other periodicals that discuss R&S
imaging and data capture projects, reprints on request
R&S has developed 'Document Shuttle' to automatically build or populate the LaserFiche imaging system
with existing or process data (from data capture systems, reports, software output, or ODSC tables). R&S
has developed 'EZFind' to image enable existing applications with the LaserFiche imaging system. R&S
'EasyAgenda' automates the management and calendaring of organizational meeting Agendas (and
associated or supporting data).
R&S engineers, programmers, and technicians have over 50 years experience in imaging and related
technologies.
Go to www.rsoasis.com for more information.
R&S Integrated
Document Imaging and Information Management Systems
12
NovusGOV Suite of Products
Presents
Novus
Online Agenda Management
Presented To:
_~fa%,
~~\
~"'t tõ~'I:
Proposal Date: 04/07/04 (Valid for 90 days)
.
Noyus Å
GOV
www.novusgov.com
800-274-5624
Presented by
Byron Gillin (bgillin@novusolutions.com)
Nov~tolution5
Table of Content
Executive Summary............................................................................................................ 3
Technical Overview............................................................................................................ 4
Installation.................................................................................................................. ..... 4
Hardware Requirements... .... ......... ... ......... ...... ..... ... ...... .... .... .... .... ..... .... .... .... ...... ... ..... ... 4
Software Requirements. ........ ... ... ... ... ... ... ... ........ ... ... ... .... ... ........ .... ..... .... .... ... .... ... .......... 4
Application Overview..................................... .................................................... ......... ....... 6
Agenda Item Creator............................................................... ......... ............................... 6
Agenda Admin Role ....................................................................................................... 9
Proj ect overview ............................................................................................................... 12
Mockups....................................................................................................................... . 12
Development................................................................................................................. 12
Training... . . . ... . . . .... . . ... . . ... . ... . . .. . ...... ... ... ... .. . .. . .. ...... ... .. ... ... ... ... .... . ... . ... . .... . ... . ... . .... ... ... ... ..... 13
Support. . .... . . . ... . . . .... . . .. . . . .. . . ... . .. . ... ... ... ... ... ... ... .. . .. ... .. . .. ... ... ... .... . ... ... . .... . .... . ... . ... ... . ... ... ....... 13
Upgrade Protection....................................................................................................... 13
NovusAGENDA Editions............................ ............................................................. ........ 15
Standard Edition.........................................................................................................·.· 15
Professional Edition................................ ...................................................................... 15
Enterprise Edition........................ .......................................... ................. ............ .......... 15
Other Modules ..................................................................................................... ......... 15
Pricing........................................................................................................................ ....... 16
Standard Pricing ........................................................... ............................ ..................... 17
References......................................................................................................................... 18
Approval Page.........................................................................................................·..······· 19
License Agreement........................................................................................................... 20
Other NovusGOV Applications................... ........ ........... ............................................. ..... 27
N ovusCMS.....................................................................................................·.············· 27
Novus VENDOR.........................................................................................················.. 27
No vusHR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
NovusNEWS.. ............................... ....................................... ............. ............................ 28
NovusAGENDA Proposal
2
Nov~~olutiõñs
Executive Summary
Think about the process today for creating agendas for upcoming meetings. Without
exception it is labor intensive, consumes reams of paper and most importantly it is
inefficient. Distribution of these packets is also an administrative nightmare. The
question is how can government institutions leverage the power of the Internet without a
major investment of time or money?
Your answer is NovusAGENDA. NovusAGENDA is an electronic solution designed to
allow government agency's the ability to create, approve and track items for upcoming
and past meetings. The entire process creates an automated Paperless Agenda Solution.
Adding an Agenda item like the approval for a new license offering or the construction of
a gymnasium can now be controlled in a well-organized systematic solution. In addition,
NovusAGENDA will also complete the process by offering the ability to provide
resolutions and post minutes automatically.
NovusAGENDA is delivered as a customized web based application to meet the exact
needs of <gov>. NovuSolutions will use your existing agenda format to create your web
based Agenda. Twenty hours of customization is included to ensure the agenda and
minutes format matches exactly what <gov> has requested.
Deployment ofNovusAGENDA is also automated with remote support provided by
NovuSolutions. NovusAGENDA will work with your existing IT infrastructure and e-
mail system. The application will also tie directly into your network infrastructure
(LDAP, Active Directory, etc).
Not only will the public love the ability to view agenda items on-line, <gov> will likely
see their return on investment immediately. Paper, copy, and distribution costs alone will
be virtually eliminated.
NovusAGENDA Proposal
3
rer .-..~~
Novusolutlons
Technical Overview
NovusAGENDA is a solution written in C# Dot NET
The application resides on a web server and stores data in a Microsoft SQL 2000
database. The SQL database can be on the same server or another server in the same
domain.
Installation
Upon shipment, Novusolutions provides complete installation instructions. The software
and the installation instructions are shipped to clients on a CD. Client can install the
solution without technical support however, remote technical support is made available as
part of a standard deployment with no additional cost.
Client can schedule time for remote technical support by contact their Novusolutions
project manager. This should be done with alleast three days notice to insure proper
support is available.
Hardware Requirements
Web Server and Database Server
NovusAGENDA DOES NOT require a dedicated server for optimal performance. The
server should have the following hardware specifications:
· Pentium IV 2.0 or higher GHZ
· 512 MB of RAM
· 100 megabit network card
· Hard drive storage 40 GB
· Microsoft Dot Net Frame work must be installed
· CD-Rom drive
Software Requirements
NovusCMS is a "web-based" application requiring only a browser to access the
application. A web browser must be installed for a user to access NovusCMS. The
following browsers are supported by NovusCMS:
· Internet Explorer 4.0 or later
· Netscape Navigator 4.0 or later
· Latest version of AOL
NovusAGENDA Proposal
4
Web Server
Operating System
Database Server
Operating System
Database
Nov~~olutions
Windows 2000 Server or higher
lIS 5.0 or higher
SMTP service running
Standard installation
Windows 2000 Server or higher
Microsoft SQL 2000 or higher
Standard Installation
NovusAGENDA Proposal
5
Nov~~olutiòñs
Application Overview
Agenda Item Creator
Agenda Item Creators may be certain staff in each department who have be authorized to
create items on behalf of that department.
Creating an Agenda item is a very simple process. The first step is for a user to click the
"New" button.
Here the user will fill in various data fields that are relevant to this Agenda item.
Addition fields can be added here during your customization process to meet your unique
needs.
N () \l U :-;
SEARCH
" "
1. Item I itlp and Iypp
Title
Item Type Ordinance
Permanent ID
v,
Temporary ID
2. Ih'm 5\Jnnnary
Summary
- - - - --- ---
3. Submit Chðngps
Submit em
~-
Novusolutións
"1:-
Once the item is created the user can add attachments. Attachments such as RFP's,
Spreadsheets from budget documents or any other item can be added in seconds with just
a couple mouse clicks.
NovusAGENDA Proposal
6
Nov~~olutiOns
Novus
View Attachments - My project
Add Atta(hment
Description ';1'08 r\~i_~:~',~ s'f_!!!~ J~r '~'L~..':_t___
Type
Backup Material v ~
I Browse.. I
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FIe
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--- - .-------- --------~~--,---- -~--
Elm
Dare lJDIoaded
1
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Novusolutlons
.;, I
The next step is to add reviewers for this item. Reviewers mayor may not be required to
"vote" on an item. Some reviewers may only be asked to comment on an item while
others may be asked to vote to approve or disapprove an item.
Novus
~f'
Add Revie.......er
User or Group Human Resources v
o Approval Required II!D
Item Owner
You are the Owner of this Rem.
RE'viewE'rs and PE'rmissions
t"- 1I1~<lU J3£!S_"'!t·~_~
Status
Pj>I\.li"'J Alii II oval
Permissions
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A41.1 Remove RevÎ4>wel S D
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View Histnt.Y ~
AssílJII Me~ti"'J D
-.,.- .~[.'~I-
Reviewer
.:t;l".(.l~". ImI
Now that the item is ready it must be assigned to an upcoming meeting. Your Agenda
Administrator controls all upcoming meetings. User simply select the meeting they wuld
like this item added to.
NovusAGENDA Proposal
7
Nov~~olutiõns
Novus
SEARCH
Meeting· Street Light Replacement
~1eetiny Infornwlion
Scheduled Meeting
No Meeting Selected
Assign ~1e(>ting
~-
Meeting Type ~ouncll Meetln_~__~
Meetings within ; Next 3 Months ~
t1~¡G~ì
v
Date
MeetingType
location
v
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ò-"lludl fhama.....s
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Finally, comments can be added by anyone who has the right to add them.
Novu~_:;
Add Comment
TliiC. i:. a Ij;:wgerou:.? sltuat":>11 U"lnal
Comment· ow't be ilxed qlJltki,/
..
Public 0
Previous Comments
~
~
Commentor
~~
<;'11003 .?: 10:210
PM
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Once the work is complete the item creator can set the item status to "Open". At this
moment, all reviewers are notified via e-mail that they have an item to review.
When these other users log-in they will only have access to items they have been
assigned to. This keeps them focused on issues they are related to.
NovusAGENDA Proposal
8
Nov~tolutions
"'e""la : Attitdtìnents -
,f··"""t'~.~·:"
N ()"'JUS
View Agenda Items
Jl}hllSfm PI Oletl
Rl:'s' lutÎnll
I) )ell
Oeadlne Date
3'620032:30:00 PM
T 81111> Number
21.; 7~ì-t
TIlle
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1
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Novusolutlons
, 'j' ' ;J r. .
Agenda Admin Role
Agenda Admins have full authority over all items in the system. Agenda Admins are
typically the clerk of the board who have final ownership over Board Agendas. This can
be one person or multiple users.
" 'v': ,.
SEARCtf
*~ErtNCS
t~ ()%-Jii,¡;
~
NEW
øet. 1~r'!'''i
View Agenda Items
T emu Numbet
1121
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Status
Deadli..e Date
2·27 '20039:18:00 AM
Bill PI f'l~! ·)I.IIII,lI1C+>
O lell
1 H<)8-2003
5555
~~1ill (II dill.lnce
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N·2003 1:30:00 PM
2-192003 '1:11:00 PM
Anothel I" nìeçt Re<;fÞh fÎnll
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1
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Novusolutions
'~I,'!' -(.(1 ,
Agenda Admins can create meeting types that users can choose from. While
NovusAGENDA is useful for your public meetings it can also support internal meetings
that are not public.
NovusAGENDA Proposal
9
Nov~~olutlêms
Novt~S
--rY&
. ,
~..r--¡..~
~ ~..... <",.
NEW
VIEW ITEMS
SEARCH
Meeting Types
Npw f\1ppting Typp
New Meeting Type
: Finance
ED
Remove Meeting Type
Meeting Types
. AVS Meetmg
v¡
..IJI.:II'~
NoY~lutiôns
! ' - 'I: ~ ¡!
Meeting Types
NEW VIEW ITeMS SEARCf4
Add Npw f\'leeting
-~-- --------~-~-- -- ---
Meeting Date ,51212003 0 '.. v ì ~5dY I ~"" '1',
Meethlg Type Finance v
Location
Fmance Conference room
---- ----~- -----~---- -- ---------
ED
o Meeting appears on the pubUc schedule
Meeting added
~-
Noyusolutions
. j ~
New Meeting
Agenda Admins can also review all the items for any given meeting. In this view they
will be able to reassign items to other meetings or simply remove them from the system if
they choose to.
NovusAGENDA Proposal
10
Nov~~olutiõhs
NEW
VIEW tTEIIS
S£A41ètt^
5ph>ct 1\1eeting
Meeting Date : 51912003 0
r¡.~) ?003 4): 10:00 PM
MeetinaTwe
SdlOnl B~~~u!
Mel':tíwl
location
~
HiIJ/¡ $ch(lo/
Agendð Item<¡
2l.UL T emÐ Ntmbel III! J:JIB ~ ~
qlO,'H Npw ltPR 11;.11 A4JPW'i} OlllillolllCP nll,>el' Ye<; [let <1i's
It P 111
109 C.111(; pllirtíOlI<; 01 thll.1l1ce 0')1"11 Yes Det.1i1s
pIe. .~ e , [II . Pi"'l ç p.' s it em Re5f)'ntioll Closee' Yes Oe. ai's
2 2221010 l' E)(,ll11ple A~lel (,.lltell1 OllllfliJlKP. (losell Yes Details
E!II
~
~
~
1
NovJ~lutìôns
< " -
Once a meeting has been held Agenda Admins can record the outcome for each item.
Both the pre-meeting agenda and the post meeting minutes can be posted to your web site
automatically with no effort from IT staff.
NEW VIEW InNS
Select 1\1eeting
Meeting Date 51912003 - 0
" .). iOil) 6: 10:00 PM
Meetlna Twe
Sc IIun Bn.ll II
Mti'!IIl!!
location
~
~11~lh 'c h41/O'
1
G View Pending 0 View Resolved
Pending Agendð Items
T ìth~
TYJle
."'~I."_ Example Agenda hem
Ordinance
Qi>! <lÍ!2
v Comm~ssioner Jones voted no on th~s and the rest of the
comm~~s~on voted ye~. The final vote 6 to 1 to approve the
1tem.
Resolved Agendð Items
~~
Novusolutions
"
NovusAGENDA Proposal
11
NoY~~olutions
The Solution overview is a brief of key features offered in NovusAGENDA. For a full
demonstration of the solution please contact your Novusolutions sales representative at
800-274-5624.
Project overview
Once a purchase order has been issued a Novusolutions project manager will be assigned
to your proj ect. Your proj ect manager will contact your coordinator to run through the
mockup and deployment process.
It is the responsibility of your organization to assign a single point of contact for this
proj ect. While more than one person can be involved in the process a single point of
contact for key issues is important. Notify your Novusolutions account representative or
project manager who this person will be.
This contact will be handled via conference calls.
Mockups
Each client has their own format for board meeting agendas. One of the many benefits of
NovusAGENDA is that a unique agenda layout can be created for each client.
Your Novusolutions Project Manager will work with you to create an online Agenda that
meets your unique needs. This process is handled via teleconference calls. Meetings will
focus on the layout of your current Agenda and the any changes you wish to make to it.
Once your needs are understood Novusolutions will mock-up a sample Agenda for your
review. We will go through this mockup process until your exact needs are met.
Development
Once Mockups are approved by you, they will be turned over to Novusolutions
developers to create your specific layout. One developer will be assigned to build your
layout to insure continuity on the project.
The development time frame can vary based on current work load and the complexity of
your web site, however most projects are shipped within one month of mockup approval.
Once complete, your software is bundled and burned to a CD. The CD is shipped to you
via private carrier service.
Upon receipt of the software, your team should schedule a day and time for the
installation to take place. This schedule should be made available to your Novusolutions
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Proj ect Manager at least three days ahead to insure proper technical support is on standby
to answer your questions.
The CD includes complete installation instructions for our software. It does not include
installation instructions for the Operating Systems or Databases on your server. Those are
provided by your other software vendor.
Novusolutions does not provide technical support for setup or configuration of any
software other than NovusGOV solutions. Questions regarding Database setup or
Operation System installation should be referred to those vendors.
Training
Novusolutions will provide on site training for any client. Onsite training will be
delivered in 3 hour sessions for classes up to 15 students. Up to two classes per day can
be scheduled. There is a cost associated with onsite training. See the pricing section for
this cost.
Each client is responsible for providing a classroom with a computer for each student. In
addition, a projection device for the trainer computer should be available in the
classroom.
Training manuals are provided to you on the CD which contains your software. The
training manuals are in Microsoft Word format and can be reproduced by you for internal
training with no additional costs. All printing costs for training manuals will be the
responsibility of the client.
A 2 hour remote training class can be provided as part of the cost of a normal
deployment. Remote training is handled with a small group of people on your end,
typically administrators, who will receive up to two hours of training via conference call
with a Novusolutions Project Manager or trainer.
Support
Novusolutions does provide continued technical support for all NovusGOV applications.
Ongoing questions about how to use the software or related technical issues can be
referred to your project manager at any time in the first year of use at no charge.
Upgrade Protection
All clients benefit from Upgrade Protection during their first year of use at no charge.
This program is unique in the industry and offers great value to our clients.
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Novusolutions offers all clients an optional Upgrade Protection Program. Optional
Upgrade Protection begins in the second year of use and can be renewed each year. The
cost of the program is listed in the pricing section. Upgrade Protection offers your
organization continued access to technical support as well as solution upgrades as they
are released.
While this is an optional program it is strongly recommended due to its low cost and high
value to our clients.
Benefits of the program:
. All upgrades are sent at no charge as they are released.
. Your technical staff continues to receive technical support with answers to their
questions on the product.
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Nov~tolutions
NovusAGENDA Editions
Every Edition includes hours to create a custom look and feel for your web site.
Standard Edition
NovusAGENDA Standard Edition includes the core code for managing your Agenda
process for multiple meetings within your organization.
Professional Edition
NovusAGENDA Professional Edition includes the Standard Edition you're your choice
ofNovusMEETING or NovusNEWS. See detailed descriptions below in the Other
Modules section.
Enterprise Edition
NovusAGENDA Enterprise Edition includes the Standard Edition plus both
NovusMEETING and NovusNEWS.
Other Modules
NovusMEETING is an add-on module to NovusAGENDA which allows board members
to record their votes on each item online during the meeting. NovusMEETING is not a
stand alone solution and can only be used with NovusAGENDA.
NovusNEWS is an online Newsletter management tool. Users can send Newsletters to a
list of subscribers who have opted in to receive that newsletter. NovusNEWS can be used
to allow the public to sign up for newsletters regarding meetings. Upcoming meeting
announcements, overviews, minutes and other items can be sent to the public with ease.
Administrators can control publishing and creation rights with a few clicks of the mouse.
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Pricing
All prices are one time fees which include:
· 20 hours of customization
· Project Management
· Remote Training
· First year of Support and Upgrade Protection
The one time fee allows you to use the solution with no limit on the number of users,
applications or web servers.
Upgrade Protection Plan - Upgrade Protection is included for the first year of use. The
Upgrade Protection Plan is available to all clients beginning in the second year of use.
While this plan is optional it is strongly recommended for all clients.
Upgrade Protection $1,200 per year beginning in year two.
Source Code - Some clients wish to acquire open source code. The source code can be
supplied to Clients for a $5,000 fee.
Clients can buy the various NovusAGENDA modules separately or all at once. Buying
them all at once saves time and therefore money.
Individual Module Pricing is:
ItCtTI Cost
NovusMEETING - requires NovusAGENDA
$9,800
NovusNEWS
$9,800
Clients can save money buy purchasing modules in a package all at once. Package
pricing is listed below.
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Nov~iolution5
Standard Pricing
There is no per department or user charge on standard pricing. You can use the software
for 20 users/departments or 200 users/departments at the same cost.
I tern Cost
NovusAGENDA Standard Edition
$14,500
(Standard version ofNovusAGENDA)
NovusAGENDA Professional Edition
$19,500
(Standard version plus one module)
NovusAGENDA Enterprise Edition
$24,500
(Standard version plus two modules) .
Optio nat costs
On Site training per day up to 30
students in two classes of 15 students
per class. Add travel expenses.
$1,500
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References
Charlotte County Florida
Mark Ramsey
941-628-5542
mark. ramsev@charlottefl.com
Fort Myers, FL
City of Tamarac
Levent Sucuoglu
954-724-1300
1 event(éV,tamarac.org
Tamarac, FL
City of Plantation
Elizabeth Hendrickson
954-797-2216
ehendrickson@plantation.org
Plantation, FL
Nov~tolutiòñs
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Approval Page
Signature
Date
Printed Signature
Purchase Order Number
Invoice Address:
Send Invoice Attention:
Special Billing Instructions:
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License Agreement
TH IS SOFT\\" ,\RE LICENSE AGREE!VIE:\"T (thh "Agreement") h made and entered Into by and between
INOBB\R. LL.C.. d FI()lld~1 Illnlted klbtllt\ company dOlllg bU~lne<;<; a<; NOVI SOU TIO'\S ("Liccnsor"). and the
I nei I \ IclllJ L comp,\Il:>. 111<;1 Hut Ion 01 ~o\ern ment" ('nt It:> :::'Ign Ing 1 hi "'\grcclllent helm\ ("" Un'nsee" 11 he tcrlll '"Licensee"
shedl al"o IIlcludc Ilcen"e("" npcratll1~ "lIh~ldl¡me'-, :.lIld dl\I<;IOllS. Ifany.
RECITALS
WHEREAS, Licensor is the owner of that certain software program called NOVUSGOV.
WHEREAS, the NOVUSGOV Software has been previously demonstrated to and accepted by Licensee; and
WHEREAS, Licensor desires to grant the licenses provided herein, and Licensee desires to license and use
the NOVUSGOV Software and any future enhancements of the NOVUSGOV Software on the terms and conditions
specified herein;
NOW, THEREFORE, based on the foregoing recitals and for and in consideration of the mutual obligations
of the parties set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Licensor and Licensee hereby agree as follows:
I. Definitions. As used herein, the following terms shall have the respective meanings set forth below:
1.1 "NOVUSGOV Software" shall mean any versions (including the current version) or any
components of the NOVUSGOV software program in usable form and any Corrections, U¡xlates and New Versions of such
software furnished to Licensee. The term "NOVUSGOV Software" shall also include input and output formats,
associated data structures and databases, graphical elements, narrative descriptions and operating instructions.
1.2 "Corrections" shall mean any subsequent, commercially released versions of the NOVUSGOV
Software that Licensor, in its sole and absolute discretion, has released.
1.3 "Effective Date" shall mean the date set forth below next to the signature blocks ofthis Agreement.
1.4 "End User" shall mean a person employed by Licensee or engaged by Licensee as an independent
contractor to provide services to Licensee, or an entity or group of entities which are directly or indirectly wholly-owned by
Licensee, who or which uses Workstations on which are installed any component of the NOVUSGOV Software, but who or
which does not have the right to copy, reproduce, sell, distribute or sublicense the NOVUSGOV Software or utilize the
NOVUSGOV Software in any manner except in furtherance of Licensee's business.
1.5 "IP Rights" shall mean all intellectual property rights, including, without limitation, copyrights,
patent rights, trade secrets, trademarks, service marks, trade dress and other similar property rights.
1.6 "New Versions" or "Updates" shall mean any subsequent, commercially released versions of the
NOVUSGOV Software that Licensor, in its sole and absolute discretion, has released.
1.7 "Technical Support" shall mean the service provided that isolates an operational error or bug to a
component level of the NOVUSGOV Software (provided such error or bug is reproducible by Licensee and/or Licensor and
is not due to a malfunction in any other software or hardware) and, in such case, the use of commercially reasonable efforts
to provide an error or bug correction or a circumvention.
1.8 "Workstation" shall mean any central processing unit owned by or leased to Licensee for Licensee's
own use on which Licensee may use a copy of any component of the NOVUSGOV Software.
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II. Grant of Licenses, Training and Support.
2.1 License to Licensee. Subject to the terms, conditions and restrictions set forth herein, Licensor
hereby grants to Licensee for the term of this Agreement under any and all IP Rights owned or otherwise assertable by
Licensor a non-exclusive, non-transferable, fully-paid, limited license to copy, use and modify the NOVUSGOV Software
and/or any component thereof, including all Corrections, Updates and New Versions furnished to Licensee, for use on the
Workstations of Licensee's End Users.
2.2 No Implied License; Limitations on Use. Licensee acknowledges and agrees that this
Agreement in no way shall be construed to provide to Licensee any express or implied license to copy, reproduce, use, sell,
distribute, prepare saleable derivative works based upon or sublicense the NOVUSGOV Software other than as expressly set
forth in Section 2.1. Licensee expressly agrees not to take any of the foregoing actions or permit any of the foregoing
actions to be taken by its End Users. The NOVUSGOV Software shall be used solely in connection with Licensee's
business. Licensee shall not use or permit or allow the use of the NOVUSGOV Software or any portion thereof in any
other manner without the written consent of Licensor, which consent may be withheld at Licensor's sole and absolute
discretion. If required by Licensor, the NOVUSGOV Software so distributed shall be limited by code in a manner to ensure
that the NOVUSGOV Software can only be used on Licensee's Workstations. Licensee hereby assures Licensor that it does
not intend to and agrees that it will not, without the prior written consent of Licensor and, if required, of all applicable
governmental entities, including, but not limited to, the Office of Export Licensing of the U.S. Department of Commerce,
transmit, directly or indirectly, the NOVUSGOV Software, or any component thereof, to: (a) any country outside the United
States or (b) any national or resident thereof. Licensee further agrees that it will obtain, at its own cost and expense, any and
all necessary export licenses for any such approved export or for any approved disclosure ofthe NOVUSGOV Software to a
foreign national.
2.3 Technical Support. From the Effective Date of this Agreement until its expiration or earlier
termination, Licensor will provide telephone support to Licensee (each party bearing their own telephone expenses) relating
to the NOVUSGOV Software. Licensor's obligations with respect to Technical Support are contingent upon proper use and
application of the NOVUSGOV Software and do not apply to alterations or modifications of the NOVUSGOV Software not
performed or approved by Licensor or to malfunctions due to subsequent modifications or alterations of any operating
system or other software not supplied by Licensor.
2.4 Training. At Licensee's request and upon reasonable notice, Licensor shall provide training for
the number of Licensee's personnel set forth on Exhibit A attached hereto and made a part hereof who are to be
designated by Licensee. Licensee shall pay the reasonable travel expenses (airline ticket, hotel, meals, and local
transportation) incurred by Licensor's training representatives if the training location is not within twenty-five (25)
miles of a Licensor business office. Initial training and any additional training provided by Licensor during the term of
this Agreement shall be provided at the rate(s) set forth on Exhibit A.
2.5 Corrections, Updates and New Versions of NOVUSGOV Software. From the Effective
Date of this Agreement until its expiration or earlier termination, Licensor may, at its option and in its sole and absolute
discretion, provide Licensee with New Versions, Corrections and/or Updates of the NOVUSGOV Software. If Licensor
provides Licensee with Corrections, Updates or New Versions of the NOVUSGOV Software, such Corrections, Updates or
New Versions shall be deemed part of the NOVUSGOV Software under this Agreement.
III. License and Monthly Maintenance Fees; Charges; Payment.
3.1 License and Monthly Maintenance Fees. Licensee agrees and hereby undertakes to pay
Licensor on or before the Effective Date and (if monthly license or maintenance fees are applicable) on or before the first
day of each month thereafter while this Agreement is in effect the license and maintenance fees set forth on Exhibit A for
the use of the NOVUSGOV Software during the term of this Agreement (such fees are together referred to as the "License
Fee"). If applicable, monthly payments of the License Fee shall be deemed to be advance payments for that month's use of
the NOVUSGOV Software.
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3.2 Interest, Late Fees and Miscellaneous Charges. If any payment due Licensor pursuant to this
Agreement is not made within thirty (30) days of the due date, Licensee shall pay interest with respect to such past due
payment at the lesser of twelve percent (12%) per year or the maximum rate permitted by the law of the state where
Licensee's principle place of business is located. Furthermore, if any payment due Licensor pursuant to this
Agreement is not made within five (5) days of the due date, Licensee shall pay a late fee equal to Thirty-Five and
Noll 00 Dollars ($35.00). All applicable taxes (including, without limitation, sales and use taxes, but not including taxes
imposed on the income of Licensor generally), shipping and other charges imposed as a result of the existence or operation
of this Agreement are the responsibility of Licensee and Licensee agrees to pay Licensor such taxes and charges
simultaneously with Licensee's payments in the method prescribed in Section 3.3.
3.3 Method of Payment. All payments under this Agreement shall be made in United States dollars by
wire transfer of immediately available funds as directed by Licensor or by Licensee's check which shall be drawn in United
States dollars upon a United States bank and delivered to Licensor's address listed in Exhibit A.
IV. Representations and Warranties. Licensor makes the following representations and warranties solely for
the benefit of Licensee, as a present and ongoing affirmation and covenant of facts in existence at all times under this
Agreement:
(i)
Licensor has full power and authority to license the NOVUSGOV Software to Licensee under
this Agreement;
(ii)
subject to the terms of this Agreement, Licensee and its End Users shall be entitled to full use
and possession of the NOVUSGOV Software; and
(iii) the NOVUSGOV Software supplied hereunder is produced and delivered in accordance with
all applicable federal, state and local laws, rules and regulations as in effect on the Effective Date.
V. Disclaimer of Warranties; Limitation of Liability. Except as otherwise provided in this Agreement,
Licensor provides, and Licensee accepts, the NOVUSGOV Software in "as-is" condition; and
LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS
(STATUTORY, EXPRESS OR IMPLIED, ORAL OR WRITTEN), WITH RESPECT TO THE NOVUSGOV
SOFTWARE OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED
WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, ACCURACY, OR
FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE (WHETHER OR NOT LICENSOR KNOWS, HAS
REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE),
WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY
COURSE OF DEALING. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
NOVUSGOV SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE
NOVUSGOV SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. LICENSOR EXPRESSLY DISCLAIMS
ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN CUSTOMER WITH RESPECT TO
THE NOVUSGOV SOFTWARE OR ANY PART THEREOF. SOME STATES OR COUNTRIES DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER UNDER THIS LICENSE
AGREEMENT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES,
LOSS OF DATA, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS
INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE NOVUSGOV SOFTWARE, EVEN
IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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VI. Indemnity. Licensor will defend, indemnify and hold Licensee hannless trom and against any claim, suit or
proceeding to the extent such is based on a claim that the NOVUSGOV Software as furnished by Licensor to Licensee
infunges any patent, copyright or other proprietary right of any third party. Licensee will defend, indemnify and hold
Licensor hannless trom and against any claim, demand, suit, action, cause of action, loss, damage, liability, attorneys' fees
and other costs and expenses incurred by Licensor as the result of any violation of this Agreement by Licensee or any of its
directors, officers, employees, agents, representatives or contractors. In the event that a final injunction shall or in Licensor's
opinion may be obtained against Licensee's use of the NOVUSGOV Software in any action for which Licensor must
indemnify Licensee under this Section 6, Licensor may, at its option and expense and without being considered in default in
the perfonnance of its obligations under this Agreement, and as Licensee's sole remedy against Licensor for such
infungement, either (i) procure for Licensee the right to continue using such NOVUSGOV Software; or (ii) replace such
NOVUSGOV Software with non-infunging software of like quality and capabilities; or (iii) modify such NOVUSGOV
Software so that it becomes non-infunging; or (iv) refund to Licensee the License Fees paid to Licensor by Licensee
pursuant to Section 3 during the term of this Agreement less depreciation (five (5) year straight-line basis). These
indemnities are subject to the indemnifying party receiving prompt notice of any such claim, suit or proceeding and being
granted full authority to control the defense and/or settlement thereof. In no event shall Licensor's total liability to Licensee
under this Section 6 exceed the License Fees paid to Licensor by Licensee pursuant to Section 3 during the term of this
Agreement.
THE FOREGOING STATES LICENSOR'S ENTIRE LIABILITY FOR THE NOVUSGOV
SOFTWARE UNDER THIS LICENSE AGREEMENT.
VII. Access To Licensee's Operations And Personnel. Licensee agrees to fully cooperate with Licensor
and to provide Licensor all information and access to Licensee's personnel and operations during the days Monday
through Friday, between the hours of 9:00 A.M. and 5:00 P.M., or at such other times and days as may be mutually
agreed to by the parties, in order to install and implement the NOVUSGOV Software and any enhancements and
upgrades.
VIII. Ownership. Licensee hereby acknowledges and agrees that the NOVUSGOV Software embodies
and constitutes valuable IP Rights of Licensor, including, but not limited to, copyrights and trade secrets, and that except for
the rights of use, modification and copying expressly granted to Licensee herein, Licensor now holds and shall retain all
rights, title and interest to the NOVUSGOV Software, the tradename "NOVUSGOV" and such other trade names or
trademarks as Licensor may trom time to time by written notice permit or require Licensee to use in connection with any
NOVUSGOV Software (such trade names and trademarks are collectively referred to as the "Product Name"), and any
documentation with respect thereto, including, without limitation, title to all IP Rights with respect thereto. Upon
termination of this Agreement, Licensee shall retain no rights of any nature with respect to the NOVUSGOV Software or the
Product Name. Licensee shall not cause or allow the Product Name to be associated with any product other than the
NOVUSGOV Software and shall not (during the term of this Agreement or at any time thereafter) create, copy, reproduce,
use, distribute, promote, sell or sub-license any product (other than the NOVUSGOV Software as expressly authorized
herein) bearing the Product Name or any name confusingly similar thereto.
IX. Term; Termination.
9.1 Term. This Agreement shall become effective as of the Effective Date and shall continue in effect
until the earlier of: (i) the expiration date of this Agreement set forth on Exhibit A, if applicable (the "Expiration Date");
provided, however, that the term of this Agreement shall be extended through and after the Expiration Date unless either
party hereto gives at least ninety (90) days' notice to the other party prior to the effective date of such termination of its
decision to terminate this Agreement; (ii) in the event that no Expiration Date has been selected and payment of a monthly
License Fee is contemplated in Exhibit A, the date ninety (90) days after either party hereto gives notice to the other party
hereto that it has elected to terminate this Agreement (which termination is not pursuant to Sections 9.2 or 9.3 hereof and
which termination shall not create any liability on the part of the terminating party); or (iv) the date this Agreement is
terminated in accordance with Sections 9.2 or 9.3. In the event that no Expiration Date has been set forth on Exhibit A and
payment ofa monthly (or other recurring) License Fee is not contemplated in Exhibit A, the term of this Agreement shall be
perpetual unless terminated in accordance with Sections 9.2 or 9.3
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9.2 Termination for Breach. Either party may terminate this Agreement in the event of a material
breach of this Agreement by the other party, if such breach remains uncured thirty (30) days after receipt of written notice
thereof from the non-breaching party (unless such breach cannot by its nature be cured, in which case the non-breaching
party may terminate this Agreement by written notice immediately upon the occurrence of such breach). No such
termination shall relieve Licensee's obligation to pay License Fees and miscellaneous charges accrued to the effective date of
the termination for previously distributed copies of any component of the NOVUSGOV Software. Each party understands
and agrees that it is responsible for ensuring compliance with this Agreement by its directors, officers, employees, agents,
representatives or contractors, and that any breach or failure to comply with this Agreement by any of the foregoing shall be
deemed a breach of this Agreement by such party.
9.3 Termination for Insolvency. This Agreement shall be deemed terminated immediately in the
event that: (i) Licensee files a petition in bankruptcy, makes an assignment for the benefit of its creditors, petitions for the
appointment ofa receiver or trustee for all or a portion of Licensee's property, or dissolves or liquidates; or (ii) a petition for
bankruptcy is filed against Licensee, or a receiver or trustee is appointed for all or a portion of Licensee's property.
9.4 Return of Materials. Upon termination of this Agreement for any reason, Licensee's rights to use,
copy and modify the NOVUSGOV Software shall terminate, and Licensee shall immediately destroy all NOVUSGOV
Software in electronic and non-electronic form. An officer of Licensee shall, upon completion by Licensee of such delivery
and destruction, certify in writing to Licensor that Licensee has in fact fulfilled its obligations pursuant to this Section.
Licensor shall also have the right to electronically remove the current and all prior versions of the NOVUSGOV Software
from Licensee's Workstations without further notice and without liability for trespass or otherwise.
9.5 Survival. The provisions of Sections 2.2, 3.2, 5, 6, 8,9.4,9.5 and 10 of this Agreement shall survive
the termination of this Agreement.
X. Attorneys' Fees to Prevailing Party. In the event of any litigation arising out of or relating to this
Agreement or the breach, termination, validity or enforcement of this Agreement, the prevailing party shall be entitled to
recover all costs and reasonable attorneys' fees incurred, including, without limitation, costs and reasonable attorneys' and
paralegals' fees incurred in any investigations, trials, bankruptcies, appeals and collection efforts.
XI. Assignment. Licensee shall not assign any of its rights under this Agreement nor delegate its duties hereunder
to another person or entity without the prior written consent of Licensor, which consent may be granted or withheld in
Licensor's sole and absolute discretion. Any permitted assignment shall be subject to the permitted assignee or transferee
agreeing in writing to comply with all the terms and restrictions contained in this Agreement. Any attempted assignment in
violation of this Section shall be void. In addition to outright assignment, the following shall be deemed to be an attempted
assignment of this Agreement: (i) the merger of Licensee with another entity, (ii) the sale or transfer of over fifty percent
(50%) of Licensee's capital stock within any two (2) year period, (iii) any transfer of this Agreement occurring by operation
of law or (d) any similar transfer or transaction. This Agreement shall inure to the benefit of and be binding upon the parties
hereto, their respective trustees, successors, permitted assigns and legal representatives.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized
representatives as of the date set forth below.
DATED AS OF:
. 2004
"Licensor"
INOBBAR, L.L.C.
D/B/A NOVUSOLUTIONS
By:
John Kercher, Its: Managing Partner
"Licensee"
By:
, Its:
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Exhibit A
Expiration Date. License Fees. Trainini!: and Contact Information
NovusGOV application: NovusAGENDA - Agenda management solution
Expiration Date (if applicable): None
Initial License Fee: (Select one with a check mark)
Standard Pricing
Standard Edition
Professional Edition
Enterprise Edition
$ 19,500
$ 24,500
$ 29,500
Or
Small District Pricing Base Costs
Standard Edition
Professional Edition
Enterprise Edition
$ 8,000
$ 13,000
$ 18,000
Base Cost + (number of schools-5) _ X $1,200 =
(minimum is Base Cost)
Monthly License Fee: $ 0
Yearly License Fee: $ 0
Training Rate per day per Trainer: $ 1,500 (training is optional)
Licensor's Contact Representative, Address, Telephone and Telefax Number:
Novusolutions
600 N. Pine Island Road
Suite 450
Plantation, Florida 33324
Attn: John Kercher
jkercher@novusolutions.com
Tel: (800) 274-5624
Fax: 954-337-0761
Licensee's Contact Representative, Address, Telephone and Telefax Number:
Attn:
Tel: <-J _-_
Fax: <-J _-_
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Other NovusGOV Applications
NovusGOV applications can be purchased at a discount ifbundled together with other
applications in the suite (www.novusgov.com). Two applications at one time is a 5 %
discount, three applications is a 10% discount, and four or more applications are a 15%
discount.
NovusCMS
NovusCMS Web site Content Management Solution which empowers non-technical staff
with the ability to create and manage their own web pages without technical support.
Teachers, School Administrators and District Staff can all manage their area of the
District web site.
· Distribute the workload of maintain the web presence
· Reduce publishing bottlenecks
· Maintain a consistent look and feel on all web sites
· Empower all staff to add web content
· Built in approval workflow prior to publication
· Reduced Cost of ownership for the web site
· Improved public information
NovusVENDOR
NovusVENDOR is an online vendor management solution that empowers the enterprise
with the ability to offer online registration to vendors, Bid posting, Bid notification and
tracking. Vendors can search for bids and purchasing staff can search for vendors by pre-
qualification list, commodity code or other criteria.
· Vendors manage their own profiles via the web site.
· Vendors are notified via e-mail when bids are posted that match their criteria.
· Purchasing can track which vendors have downloaded bids or amendments.
NovusHR
NovusHR is an online applicant tracking solution. NovusHR includes optional job
posting and applicant log in modules. By utilizing this online application tracking and
acceptance tool, the public can easily navigate to your online job application using only a
web browser. They can view open jobs and apply for multiple jobs with one form if
needed.
NovusAGENDA Proposal
27
Nov~~olutiOñs
NovusHR is designed with a robust Back End processing function that allows HR staff
the ability to review an application, comment on it and electronically route it to a hiring
manager for review and comment.
NovusHR is delivered as a customized application to meet the exact needs of your
organization. Twenty hours of customization is included for specific reports or additional
job applications.
· The public can apply for jobs in a few moments without leaving home
· HR staff save time and money by electronically routing files
· Applications are processed quickly without long delays
· HR staff can search for applicants by a variety of criteria
· Hiring staff see the applications that fit their openings
NovusNEWS
Online newsletters can now be created and distributed with ease. Administrators control
newsletters and assign users to create and manage each newsletter. The public can opt in
for the newsletter of their choice and manage their own profile.
School Newsletters, Teacher newsletters, District wide newsletters, even intranet
newsletters can easily be managed using NovusNEWS.
· Keep the public updated without huge IT overhead
· One click distribution
· Public can opt in and manage their own NEWS profile
· Reduce the cost of paper newsletters
· Built in workflow
· Consistent look and feel for Newsletters
NovusAGENDA Proposal
28
Date: \'\.\"~\05
"
AGENDA ITEM NUMBER:
~l~
AGENDA REQUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: \\ \ ~\ OS
Description of agenda item (who, what, where, how much):
Purchase A ward to R&S Integrated Products and Services, Inc. including support services
and upgrades for the EasyAgenda in the amount of $22,995.00; and the purchase of eight (8)
laptop computers from Dell and ten (10) USB Drives from PC Universe in the amount
$13,424.56 to be used by the Commission, City Manager, Assistant City Manager, and City
Clerk for the EasyAgenda. Funding is available from 001-1411-512-66.10 (General
Fund/Software), 001-1411-512-46.90 (General Fund/Other Repair/Maintenance Costs),
001-1111-511-64.11 (General Fund/Computer Equipment), 001-1211-512-64.11 (General
Fund/Computer Equipment), 001-1802-512-64.11 (General Fund/Computer Equipment),
and 001-1411-512-64.11 (General Fund/Computer Equipment).
~epartment Head ~ ~ \..,,~
SIgnature: ~ . \"-J
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on aU items involving expenditure of funds):
tri1~ f,J~
F~ding Available: Yes/No Initials:
Account Number (s) same as listed above
Description same as listed above
Account Balance: .J~l ilJ.2)ij9'¡¡ r~ ~~,..J.......;;j AJF¡',¡~J~
Jj '3 42...,ß·~t;L~S~ ~~ e/,~t IJ¥fðp er:íI"-f·-r 14$ ð"~
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda:@/ No Initials:
Hold Until:
Ø1
Agenda Coordinator Review:
Received:
Delray Beach
Police Department
300 West Atlantic Avenue
Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816
Joseph L. Schroeder
Chief of Police
2004
TO: David Harden
City Manager
FROM: Tina L. Lunsford~
Administrative Officer
DATE: January 7th, 2005
SUBJECT: AGENDA REOUEST
The Delray Beach Police Department has requested that the attached Consent Agenda go
before the Commission on January 18, 2005 for approval.
The Department's Vice, Intelligence and Narcotics (VIN) Unit is requesting to upgrade
outdated equipment on the unit's undercover surveillance vehicle (Platform) in the
amount of $22,151.00. The VIN Unit originally requested the upgrades through the
budget, but the items were not approved. Chief Schroeder has approved the purchase of
the items with the Federal Forfeiture Account. Below is a list of items to be upgraded:
New
Interior AC unit Silent com ressed Freon as AC unit
Unitel Audio Receiving Unit (Crystal 10 Channel VHF receiver
Technolo
Recordin ui ment VHS Technolo
Monitors and mounting equipment
Old
Di ital Audio and DVD technolo
Self-changing cameras with ability to
switch from color to black and white in low
li t environments.
Attached is the quote and sole source letter from Innovative Surveillance Technology.
The quote includes maintenance and installation of all equipment.
Funding is available in 115-2112-521-64.90.
Should you require further information, please contact me at ext. 7852.
TLL/rmh
Attachment
Serving with P.R.I.D.E.
Professionalism, Respect, Integrity, Diversity and Excellence
DELRAY BEACH
F lOR IDA
Da.I:II
All-America City
, III I!
1993
2001
~I,,3
" .. . .
Odober 19,2004
John Cranbaker
Delray Beach Police Department
300 West Atlantic Avenue
Delray Beach, FL 33444
Oßicer Cranbaker,
In support of your intention to soIe-source the acquisition of a surveillance van retrofit, I want to
unequivocally state that Innovative Surveillance Technology, Inc. is the only capable supplier, since
we offer a warTanty unmatched in the industry, and have patented technology not legally available
from any other potential supplier.
Some of the unique features, found only in an 1ST retro fit include:
1. Our specially-designed compresse d-gas air conditioners
2. Patented features not legally avålable from any other vendor
3. A 3-year warranty on 1ST produced components and
4. A 1-year warranty on non 1ST -pnxtuced third-party components.
The aforementioned features are unique to, and available only from Innovative Surveillance
Technology, Inc.0
Please feel free to contad either Don Osberg or me if you any other questions.
Sincerely ,
~
Donald A. DiFrisco
President & Chief Executive Officer
11840 NW 41st Street, Coral Springs, FL 33065
_iii JrmniwSlRv....Teda.gr
111. .41Stteet
C_.....,lelia~
n: t'54)?55-112f JItI;(t54)'1Ss.u17
Our Quotation #200557.00
0813112004
To:
DELRAY BEACH POLICE DEPARTMENT
300 weST ATLANTIC AVENUE
DELRAY BEACH FL33444
Quotation Valid Thru : 03/0112005
Terms: NET 30
Attention: JOHN CRANBAlŒR
em f8CI1It;v , Part , Rev I DescrIptIan , DetøII& Qu&nIIt;y Quøl8d unit. PrIce E$ndBd Pdce
01 Default
~21 Rev oao UIM EA 1.0000 2,e50.oooo 2,650.0(
1ST, VAN
VAN Veartv SeIVice Program Includes: RemOW Retr8cbIbIe VIdeo & Reøack
AI Gear Motor 8owes. Adlust Rotation Dñve Motor & Belt. Adlust Upper M1rror
Motor & Unkage. Clean Surface Coated Uøper & Lower M"1fTOfS, CIea"
We8ther Shield. Reseal Scaøe Weather Gasket Roof Mount, Realan Scope
Lens to Lower Mirror, Reinstall RetrectabJe VICIeo&oope, Replace All Wom
SNC C~ VIdeo Connectors, Clean VCR Heads. Clean Audio Heads,
System Check Wet Ice AC System, Reølaœ Disch8lae PW11P HousinQ If
Neceesarv. CheCk AC fluid L.euels in Wet Ice AC or FI8Gft PNasure Levels,
System Check BatteIY Ch8l'A8r for MaziTun OdIDut & lIMIter. Check
Vehicle Ch;qinø S~tem to Rear Øatleñes. Load Test & Cle8n D8 Battwies.
Replace Worn Fuse Panel Holde.. or Circuit BreekeIs, RealAh Back Focus
on Cameras. CheCk Roof ScoDe Mounting Plate WeadIer Seal. Check
Dlsgqised Roof Antenna ~ Weather seal. Check Rsceways Under
Vehicle, CheCk Window Tint Adheirsion. Requires 3 days at 1ST's Facñaty.
SeNice can be at CUstomer's location at an additional cast.
02 Default
5500..034 Rev 000 UIM EA 1.0000 10.210.ÐaOO 10,210.0(
!JPTlONS. 1ST "000.
INSTALLED: 1ST -88OCG Freon Compressed Gas Air ConditiaIW 'neludes:
DIgital A.C Control Panel, 725 Walt. Heeter, 2500 Watt Inverter /130 AmP
Battery Charger Combination Unit (HEART FDM 25-12). link 2000 Diabl
Status Remote ControllnverterQarger Panel. (1) HeaJt Path Maker BattèIy
Router & Remote panel, (3) DF8D Deep Cyde Bmtertes. (3)BatteIY Rack.
03 Default
1000-0218 Rev 000 UJM EA 16.0000 90.0000 1.440.01:
1ST. DIRECT LABOR
1ST Dired I.abar Applied. Remove Cuatome~ Wet Ice #Jt Candllloner
System. R&de&kI.. Customer Eauipment RackAnd Rewire or change
connedotl to Aeapt New Equipment.
04 o.fauIt
8071-045A Rev 000 UIM EA 1.0000 685.0000 685.00
SONY, MDS-E10. MINI DISC RECORDER
SONY MDS-E10 Professional Digital Audio DIsc ~ System:
· Stllndard 19- Rack Mount
· UBI AlDAJA Conwmers
· Wide BIt 8tNI8m TechnolaAY
· AnaJoø & DigIaI Reccrd LeveJ
· 12DVAC Operation
CU$tOmer
Page" 1
AuIIarIZIId SigIIIIIIn
IilIaattatif'SIø"'T.-..
11M. U ØIreet
CnI...rløtila J316S
ft: (954)755-1724 rat: ~1SSØl1
Our Quo_tion "200557-00
08/31/2004
To:
DELRAY BEACH POLICE DEPARTMENT
300 WEST ATLANTIC AVENUE
DELRAY BEACH FL 33444
Quotation Valid Thru : 0310112005
Terms: NET 10
Attention : JOHN CRANBAKER
em I Facll~ 'P.rt 'R8V I DescrIpdon I DafaI.. QuantIIy QuOled I Unit PrIce E*nded Price
05 'Default
8G060064 Rev 000 UJM EA 1.0000 774.0000 774.0(
DMR-T3030. DVD RJ!CORDER. PANASONIC
PANASONIC DMR-T3030 DVD VIDEO RECORDER SPECS; MAXIMUM 12
HRS ON DVD-RAM. MAXIMUM 6 H~ ON "-7GD DISC, DV ALJTOMATIC
RECORDING CDIGITAL VIDEO CAMERA), VIDEO sYSTEM NTSC 525
UNES 60 FIELDS. INCLUDED (2) DVD-R RECORDABLE DISCS AND
JEWEL CASES.
06 DefauÍt
8001-124 Rev 000 UIM EA 1.0000 1,999.0000 1,990.OC
DTC. R..eøws-RM
DTC R-88WS-ftM Rack Mount VI-F Reœ_r:
· MTIA ComplIant ~r
· f"eeld User Programmable With LaD TCIþ Comøut8r
'* Synthesized 10 Channel Rack Mount Receiver
· DC Vehicular Pawet cable
· Right AnGie HeIiØez AnleMII
· Includes Proglamming Soflware and Cable
07 ""-'ult
550044'1 Rev 000 UIM EA 1.0a00 375.0000 375.0(
0P110NS. DN-201 - ~ Ì'~. .,. __
INSTAU.. PC.201-Wc-DN DaylNight CoIOt Camera. 1/3 Sony ceo IfnaAe
Sensor. 420 1V Unea Resolution, 1 LWt, 12Vdc Operation and Inner Conned
Contrvl Cable.
08 Defaalt
8048.Q01 Rev 000 UJM EA 2.0000 10.0000 180.0(
RAINBOW. 2XHE
LENS: 2XHE LENS EXTENDER RAINBOW
09 DefIIUIt
55ØOoOO88 Rev GOO UJM EA. 2.0000 1.650.0000 3,300.0(1
OPTIONS, LCE1UB. 13- 8HAJ'P MONfTOR
INSTALL: SHARP 13- LCD Flat ScNen Monlør, 12VÞC 0DenIIi0n. Dual
AUdIo OUtput, Cable Connected To an 1ST Manual Video/Audio Router 8nd
System Recorders and is CeIling or Wall Mounted With a Stainless Steel
Friction Mount Assembly.
customer
Page ,. 2
........... aw.....·
AGENDA ITEM NUMBER: ~
AGENDA REOUEST
Request to be placed on:
X Consent Agenda _ Regular Agenda _ Workshop Agenda _ Special Agenda
When: January 18, 2005
Description of agenda item (who, what, where, how much):
This is the cost associated with the repair and upgrade of some of the electronic equipment
utilized on the Police Department's undercover surveillance vehicle (platform). Innovative
Surveillance Technology is the sole source vendor for this equipment. The cost of the
upgrades is $22,151.00. The equipment will be purchased with Federal Forfeiture funds
account #115-2112-521-64.90.
City Attorney Review/Recommendation (if ap .
Department
Signature:
Budget Director Review (required on all items involving expenditure of funds):
FU1liling Available: @/ No Initials: ~
Account Number II !I - ,~ J I J -!:r ,2 J - Go 1. 9 n
Description Jf.A.t.l'J R.jHI. i.;;;J.1 /I~J''fL{'ebU'''¡ j!6tüf"...;:J o'fW
Account Balance: 11 2~ I .5/ -
Funding Alternatives: (if applicable)
City Manager Review:
Approved for Agenda: & / No Initials: 071
Hold Until:
Agenda Coordinator Review:
Received:
7ItS1J«J
tlTY DF DELIAY BEA~
PURCHASING DIVISION
TO: David Harden, City Manager
FROM: Patsy J. Nadal, BUyer~
TROUGHT: Joseph Safford, Finance Director
SUBJECT: Documentation - City Commission Meeting
January 18, 2005- Bid Award - Bid #2004-43
Co-Op Road Construction Materials - Annual Contract
DATE: January 14, 2005
Item before Commission:
City Commission is requested to approve award multiple annual contracts for Road
Construction Materials to various vendors listed below, at an estimated annual cost of
$63,579.00 for the City of Delray Beach.
Background:
The City of Delray Beach is the lead organization for this Co-op Bid. Eight (8) vendors
submitted bids on September 28, 2004, based on estimated annual quantities from five
(5) governmental entities (Bid #2004-43 on file in the Purchasing Office). A tabulation of
bids is attached for your review. An itemized award spreadsheet is also attached with a
breakdown of the costs per item awarded.
Delivery Cost:
A separate schedule of pricing sheet was included in bid specifications for delivery to
each participating entity.
Pick-up Cost:
To obtain a more accurate cost for picking up road construction materials with City
trucks, total cost concepts were placed in the Co-op specifications (this cost was
calculated by sending a driver to pick-up a load of rock and the average multiplied for
annual vehicle costs and hourly personnel costs). Awards are to be made individually by
each participating entity based on an average cost of $ 0.90 per mile that each entity
adds to the truck load price. Each entity clocks the round trip distance from their
respective facility to each vendor's pick-up site.
Recommendations are being made to low bidder(s) for delivered materials and bidder(s)
with low truckload cost for pick-up materials.
The recommended vendors for the City of Delray Beach are as follows:
- Austin Tupler Trucking, Inc.
~I~
- Camarra's Asphalt Construction
- D.S. Eakins Constructions Corp.
- Hardrives, Inc.
- Lafarge North America
The Interim Director of Public Works and Deputy Director of Construction have reviewed
the bids and recommend award as stated above per attached memo dated December
29, 2004.
Recommendation:
Staff recommends the multiple awards outlined above for an estimated annual cost of
$63,579.00 for the City of Delray Beach. Funding will come from various departments
operating expense budgets and capital project accounts for FY 2004-2005.
Attachments:
Memo from Deputy Director of Construction
Tabulations of Bids
City of Delray Beach Itemized Award Amounts Per Vendor
Cc: Rafael Ballestero, Deputy Director of Construction
Jim Schmitz, Interim Deputy Director of Public Works
City of Boca Raton
City of Boynton Beach
City of Greenacres
Solid Waste Authority of Palm Beach County
City of Belle Glade
f
~..;.
r"~.
O~mL
f(~ ~ ~. ..
f"': ::r:
~~,. ~
y--- "& ~ V:.
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
www.mydelraybeach.com
TO:
SUBJECT:
Patsy Nadal, Buyer
Rafael Ballestero, Deputy Director of Construction ~
James Schmitz, Interim Public Works Direct~
Road Construction Materials Co-op Bid
FROM:
DATE:
December 29,2004
Listed below are the results of the co-op bid analysis, based on price and mileage.
Group A, Road Materials (Asphalt):
1. Type S-1 Asphalt - Hardrives, Inc.
2. Type II Asphalt - Hardrives, Inc.
3. Type III Asphalt - Hardrives, Inc.
4. Cold Patch Asphalt - Hardrives, Inc.
5. RC#70 Tac Oil- Camarra's Asphalt Construction
6. Permanent Cold Patch Asphalt - Lafarge North America
Group B, Road Materials (Non - Asphalt):
1. Crushed Coarse Limerock - Austin Tupler Trucking
2. Pit Run Shellrock - Camarra's Asphalt Construction
3. Drainfield Rock %" - D.S. Eakins Construction Corp.
4. Best Mason Sand - Camarra's Asphalt Construction
5. Clean Fill Dirt - D.S. Eakins Construction Corp.
6. Precast Bumpers - Camarra's Asphalt Construction
7. Crushed Recycled Concrete - D.S. Eakins Construction Corp.
8. D.O.T. Crushed Rock - Austin Tupler Trucking, Inc.
9. #57 Rock - D.S. Eakins Construction Corp.
Please use the bid Quantities to determine the total budget amount.
CC: Richard Hasko; Director of ESD
S:\EngAdmin\Construction Division\Ballestero\Annual road materials memo.doc
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CITY OF DLERAY BEACH
ANNUAL CO-OP ROAD CONSTRUCTION MATERIALS
BID # 2004-43
ITEMIZED AWARD AMOUNTS PER VENDOR
GROUP A: ROAD MATERIALS -ASPHALT (Items 1-6)
HARD RIVES, INC.
Estimated qty.
(tons) Cost er ton
o $0.00
400 $46.50
300 $46.50
170 $54.00
rou a:
Total for item
$
$
$
$
$
18,600.00
13,950.00
9,180.00
41,730.00
CAMARRA'S ASPHAL T CONSTRUCTION
Estimated qty.
Suggested award items: (gals) Cost per gallon Total for item
5: RC#70 Tac Oil 1350 $2.33 $3,145.50
Total award for this vendor for group a: $ 4,392.05
LAFARGE NORTH AMERICA
Estimated qty.
Suggested award items: (tons/pails) Cost per ton/pail Total for item
6: Permanent cold patch
(ready road repair or equiv.) 0 $84.99 $0.00
6: Permanent cold patch
(55 lb. pails) 0 $19.95 $0.00
Total award for this vendor for group a: $0.00
CITY OF DLERAY BEACH
ANNUAL CO-OP ROAD CONSTRUCTION MATERIALS
BID # 2004-43
ITEMIZED AWARD AMOUNTS PER VENDOR
GROUP B: ROAD MATERIALS - NON-ASPHALT (Items 1-9)
AUSTIN TUPLER TRUCKING, INC.
Estimated qty.
Suggested award items: (tons) Cost per ton Total for item
1: Crushed coarse limerock 520 $7.87 $ 4,092.40
8: DOT Crush Rock (non-cert.) 0 $0.00 $ -
Total award for this vendor for group b: $ 4,092.40
CAMARRA'S ASPHAL T CONSTRUCTION
Estimated qty.
Suggested award items: (tons/each) Cost per ton Total for item
2:Pit run shell rock 0 $8.97 $0.00
4: Best mason sand 15 $8.75 $131.25
6: Precast car bumpers with
pins 150 $18.22 $2,733.00
Total award for this vendor for group b: $2,864.25
D.S. EAKINS CONSTRUCTION CORP.
Estimated qty. Cost per ton/ yd./
Suggested award items: (ton/ yd /cu. yd) cu.yd Total for item
3: Drainfield rock 3/4" 75 $12.00 $900.00
5: Clean fill dirt 0 $3.00 $0.00
7: Crushed recycled concrete 1200 $8.00 $9,600.00
9: #57 Rock 0 $12.00 $0.00
Total award for this vendor for group b: $10,500.00
'TOTAL AMOUNT FOR AWARD OF BID TO NAMED VENDORS $
63,578.70 I
AGENDA ITEM NUMBER: <6.::r:- ~
AGENDA REQUEST
Request to be placed on: January 18, 2005
Date: January 13, 2005
_ Consent Agenda _ Special Agenda ~ Workshop Agenda
Description of agenda item:
Co-op Bid Award - Bid # 2004-43- Co-Op Road Construction Materials - Annual Contract.
Award to various vendors at an estimated annual usage of $63,579.00 for the City of Delray
Beach.
ORDINANCE/RESOLUTION REQUIRED:
Draft Attached:
YES
YES
NO
NO
Recommendation:
Approve award to various vendors listed at an estimated annual cost of $63,579.00 for the City of
Delray Beach for various road construction materials. Funding will come from various
departments (Streets Division) operating budget and capital project accounts. (Attached is an
itemized award listing per vendor.)
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (reqUiredEII items involving expenditure of funds):
Funding available: Yes l No
Funding alternatives:
(if applicable)
Account Number:
1194144 S12-4ð40 \/trJóìÆS
ttt·
Account Description: Beautification Maintenance
Account Balance: $142.202.00
City Manager Review: £)
Approved for agenda: ~
ó1 No
I
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved
Disapproved
FROM:
CITY COMMISSION DOCUMENTATION
DAVID#~~~ER
PAUL DORLING, DlRECTO~ PLANNING AND ZONING
ROBERT G. TEFFT, SENIOR PLANNER~$f-
MEETING OF JANUARY 18, 2005
APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S
APPROVAL OF A CLASS V SITE PLAN, LANDSCAPE PLAN AND
ARCHITECTURAL ELEVATIONS ASSOCIATED WITH THE DEVELOPMENT
OF AVENUE EAST.
6/{
,z11
I' ,
TO:
THRU:
SUBJECT:
BACKGROUND
This appeal is associated with the Site Plan Review and Appearance Board (SPRAB) action on
the development proposal for Avenue East, which is to be located at the northeast corner of SE
2nd Avenue and SE 1st Street. At its meeting of December 15, 2004, the SPRAB unanimously
approved (4-0, Mayer Abbo, Reginald Cox, and Christina Morrison absent) a Class V site plan,
landscape plan and architectural elevations associated with the construction of a five-story
mixed-use development (55 dwelling units/850 square feet retail), subject to conditions.
It was conveyed to the SPRAB through the staff report that while the City Commission had
approved the conditional use requests associated with the Avenue East development proposal
(then known as Grove Square), they had noted a concern that the style of architecture proposed
was too industrial for and thus out of character with the area where the building was proposed
(Le. within the heart of the commercial corridor). It was suggested by staff that the SPRAB may
want to consider ways in which the applicant could modify the style of architecture so that it is
less industrial and more consistent with typical commercial/mixed-use buildings. After
discussing the architectural elevations the SPRAB approved the elevations as presented.
At its meeting of January 4, 2005, the City Commission voted unanimously (5-0) to appeal the
SPRAB action concerning Avenue East. The City Commission reiterated concerns over the
industrial façade of the development and that such a style of architecture may not be
appropriate given its proximity to East Atlantic Avenue. A change to the color scheme of the
building and/or modifications to the architectural details of the building should be considered to
remedy the concerns of the City Commission.
RECOMMENDED ACTION
Move to uphold the appeal of the Site Plan Review and Appearance Board's approval of the
Class V site plan, landscape plan and architectural elevations for Avenue East and provide
direction to the applicant on modifications necessary to address the concerns of the City
Commission.
Attachments: SPRAB Staff Report for A venue East
9{\
·
SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
MEETING DATE:
AGENDA ITEM:
ITEM:
December 15,2004
V.E.
Avenue East - Class V Site Plan, Landscape Plan and Architectural Elevations
Associated with the Construction of a Five-Story Mixed-Use Building Consisting of
850 Square Feet of Rètail Floor Area and 55 Residential Dwelling Units.
GENERAL DATA:
Agent / Applicant.................. Randall Stofft Architects
Owner............................... Fasion-Grove Square, LLC
Location.................................. Northeast corner of SE 1st Street
and SE 2nd Avenue
Property Size.......................... 1.44 Acres
Future Land Use Map............. Commercial Core (CC)
Current Zoning........................ Central Business District (CBD)
Adjacent Zoning.. ....... North: Central Business District (CBD)
South: Central Business District-Railroad
Corridor (CBD-RC)
East: Central Business District (CBD)
and Community Facilities (CF)
West: Central Business District (CBD)
Existing Land Use................... Nightclub/Bar and Office Building
Proposed Land Use............... Mixed-Use (Retail/Residential)
Water Service......................... Existing Onsite
Sewer Service........................ Existing Onsite
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The item before the Board is the approval of the following aspects of a Class V site plan request for
Avenue East, pursuant to Land Development Regulations (LOR) Section 2.4.5(F):
o Site Plan;
o Landscape Plan;
o Architectural Elevations; and
o Waiver Request.
. "'B'Xè ~'ÖRÖO'N"[r '. . ~·-:~!·t: ~~t-;:~':~\'/'~ :-:.~.,~~~~~,i.';'" :'f . ,", ' " ",
The subject property consists of Lots 2 and 3, Block 85, Town of Delray, and Lots 1-18,
Subdivision of Block 85. The property, which totals approximately 1.44 acres and has a zoning
designation of Central Business District (CBD), has an extensive land use history. The following
are the most recent land use actions relevant to the development proposal:
At its meeting of July 19, 2004, the Planning and Zoning Board heard proposals for conditional use
approval to allow a building to exceed the maximum building height of 48' (56' was proposed) and
to allow a density in excess of 30 dwelling units per acre (43.75 du/ac was proposed). The
conditional use requests were associated with a development proposal for a five-story residential
building consisting of 63 dwelling units, then known as Grove Square. The Board had concerns
with regard to granting conditional use approval for both height and density and the lack of
commercial floor area along SE 2nd Avenue. The Board ultimately tabled the development
proposal and gave direction to the applicant to further step back the building along SE 2nd Avenue
to reduce the perceived bulk of the structure.
The development proposal was brought back before the Board at its meeting of August 16, 2004,
with modifications that reduced the proposed height and density of the project. The Board moved
recommendations of approval for both conditional use requests, subject to conditions. At its
meeting of September 21, 2004, the City Commission approved the conditional use requests for
building height (54'-3") and density (38.2 du/ac), subject to the conditions listed in the Planning and
Zoning Board staff report and attached herein as Exhibit "A". It is noted that the development
proposal was submitted for review prior to the adoption of the Downtown Design Guidelines; thus
the project has been reviewed pursuant to the code requirements in effect at the time of submittal.
....1':' <. .:.
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The development proposal consists of the following:
f:] Demolition of an existing four-story office building and nightclub / bar (City Limits) along with its
associated pavilion and outdoor bar;
f:] Construction of a five-story mixed-use building with 850 square feet of retail floor area and a 58
space parking garage on the first level; a 60 space parking garage on the second level; and
residential dwelling units on the third, fourth and fifth levels (55 dwelling units in total);
f:] Installation of a raised swimming pool, deck, exercise facility and restrooms at the southwest
corner of the site;
c] Installation of a trash compactor at the northeast corner of the building to accommodate the
existing retail/restaurant uses along East Atlantic Avenue as well as the proposed
development; and
Site Plan Review and Appearance Board .;>(aff Report
Avenue East - Class V Site Plan, Landscape Plan and Architectural Elevations
Page 2
o Installation of one (1) handicap accessible parking space and a loading area south of the
existing commercial structures being retained.
The Class V site plan application also includes a waiver request to reduce the required stacking
distance from 50' to 35' at the intersection of SE 2nd Avenue and the drive aisle accessing the first
level parking garage [LDR Section 4.6.9{D} (3) {c} {1}].
..- ..;.-...... .
COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS:
Items identified in the Land Development Regulations shall specifically be addressed by the body
taking final action on the site and development application/request.
LDR Section 4.3.4(K) - Development Standards Matrix:
The following table indicates that the proposal either meets or exceeds the requirements of LDR
Sections 4.3.4{K} and 4.4.13{G} {2} as they pertain to this portion of the CBD zoning district:
Standard: Provided:
Buildina Setbacks (min.}: Front {North} 0' 161'
Rear {South} 0' 51'
Side Interior {East} 0' 5"
Side Street {West} 0' 6"
Buildina Heiaht: 48' 54'-3" *
aDen SDace: 0°.10 19.80/0
Floor Area (min.): One Bedroom 600 sq. ft. 958 sq. ft.
Two Bedroom 900 sq. ft. 1,057 sq. ft.
Three Bedroom 1,200 sq. ft. 2,220 sq. ft.
* -The proposed building height is permitted to exceed the standard building height based upon the conditional use approval
granted by the City Commission at its meeting of September 21, 2004.
LDR Section 4.4.13 - Central Business District:
Density:
Pursuant to LDR Section 4.4.13(D} (15), multiple family dwelling units, excluding duplexes, at a
density greater than 30 units per acre are allowed as a conditional use for CBD zoned properties
located south of NE 2nd Street and north of SE 2nd Street, based upon the extent to which the
proposal complies with the performance standards of LDR Section 4.4.13{1}. As referenced
previously, the City Commission approved a conditional use request to allow the density for the
proposed development to exceed 30 units per acre to a maximum density of 38.2 dwelling units
per acre, based upon the proposals ability to meet the performance standards with the following
conditions:
o That the lower levels of the building should be further projected toward the west and that the
balconies for the third level dwelling units are expanded to utilize this projected area;
The lower levels of the buildings have been projected forward toward SE 2nd Avenue as per the
above condition of approval. Further, the balconies on the third level have been expanded to
Site Plan Review and Appearance Board ùmff Report
Avenue East - Class V Site Plan, Landscape Plan and Architectural Elevations
Page 3
utilize the additional area. Accordingly, this condition of approval as it relates to density has
been addressed.
o That the commercial storefront architecture is extended along the façade of the lower levels to
the garage access on SE ~d A venue and that the wire mesh screens south of said garage
access are broken-up in a manner consistent with the east elevation of the building;
The commercial storefront architecture (Le. the columns with coquina store bases) has been
extended along the façade of the lower levels. Additionally, the design of the parking garage
ventilation (wire mesh screens) on the west elevation has been broken-up so that it has an
appearance similar to that of the ventilation of the east elevation. Accordingly, this condition of
approval as it relates to density has been addressed.
o That a crosswalk is striped-out across the drive aisle bisecting the crossing from the north
entrance of the structure to the breezeway leading to East Atlantic A venue;
The crosswalk has been provided exactly in the manner required by this condition; thus this
condition of approval has been addressed.
o That the concrete sidewalk within the SE 1st Street right-of-way is replaced with a paver brick
sidewalk consistent with the balance of the downtown sidewalks;
The site plan and civil engineering plans have been revised to include the construction of the
paver brick sidewalk along SE 1 st Street; however the civil engineering plans do not depict the
sidewalk extending through the parking garage driveway, which is required. Accordingly, this
condition of approval as it relates to density will be addressed with the extension of the sidewalk
through the parking garage driveway, which is attached as a condition of approval.
o That light poles and fixtures consistent with those along East Atlantic A venue are installed
adjacent to the subject property along SE 1st Street and SE ~d Avenue where they do not
presently exist and/or to replace inconsistent light poles and fixtures;
The proposed site plan includes the relocation of an existing light pole/fixture and the installation
of four (4) new light poles/fixtures along SE 2nd Avenue as well as the installation of one (1) light
pole/fixture along SE 1 st Street. A notation has been made on the site plan that all of the
poleslfixture will be consistent with those along East Atlantic Avenue. Accordingly, this
condition of approval as it relates to density has been addressed.
Off-Street Parking:
The development proposal consists of 55 residential dwelling units and 850 square feet of retail
floor area as well as the retention of the existing shops and restaurant along East Atlantic Avenue.
The parking requirements for a mixed-use project located in the CBO are calculated as follows:
Step 1: The base parking requirements for each use in the project are determined individually
and are depicted in the following table:
Base Parking Requirements
Use
Parkina Reauirement
Parkina SDaces Reauired
Residential Units
One Bedroom (15)
Two or More Bedrooms (40)
1.25 spaces per unit
1.75 spaces per unit
18.75
70
88.75
Total
Guest Parking
Units 1 - 20
0.5 per unit
10
Site Plan Review and Appearance Board \:>taff Report
Avenue East - Class V Site Plan, Landscape Plan and Architectural Elevations
Page 4
Units 21 - 50
Units 51 - 90
0.3 per unit
0.2 per unit
9
1
20
Total
Retait Floor Area
New (850 sq. ft.)
Existing Retail/Restaurant
1 space per 300 square feet
1 space per 300 square feet
2.83
5.3 (Vested)
8.13
Total
TOTAL
116.88 (117)
Step 2: Pursuant to LDR Section 4. 6. 9 (C) (8) (a), the minimum parking requirement for mixed-
use buildings in the CBD shall be determined by the peak parking demand period. The
peak demand period for the A venue East project is the period from Midnight to 6:00
A. M. during weekdays. The following shared parking table has been modified to reflect
the uses associated with the development proposal and to depict the resulting parking
requirement within the timeframe:
Use
Residential
Commercial/Retail
Other *
Base Parking
Requirement
33.75
2.83
80.3
Weekday - Night
Midnight to 6 A. M.
100%
5%
100%
Total Required Parking:
Shared Parking
Requirement
33.75
0.14
80.3
114.19 (115)
* - This figure represents the vested parking requirement for the existing restaurant and retail floor area that is not
being modified with this development proposal (5.3), and the reservation of 75 parking spaces for the
residential dwelling units and guest parking on the second parking garage level.
Based upon the above methodology, the total number of parking spaces required is 115. The
project provides 119 parking spaces onsite within the two parking garage levels (118) and the
adjoining alley (1). It is noted that the conversion of any commercial floor area to restaurant will
require the processing of a site plan modification which must address the additional parking
demand.
Handic8DDed Accessible Parkina:
Pursuant to LOR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the
handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building
Construction. Accessibility for residential structures is covered by the Federal Fair Housing Act.
Pursuant to this act, two percent (2%) of the parking spaces serving the development must be
handicapped accessible and accessible visitor spaces should be provided at a rate in accordance
with the local code. Based upon the 119 parking spaces provided, a minimum of three (3) parking
spaces must be handicap accessible, and a total of three (3) handicap accessible parking spaces
have been provided.
On-Street Parkina:
Although not counted toward meeting the parking requirements for the project, twelve (12) public
parking spaces are being provided by the developer along the adjacent SE 2nd Avenue right-ot-
way. Although available to the general public, these spaces should help meet the shorter term
parking requirements ot residents and guests of the project.
LDR Article 4.6 - Supplemental District Reaulations:
Refuse Enclosure:
Pursuant to LOR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas
must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas
Site Plan Review and Appearance Board ~taff Report
Avenue East - Class V Site Plan, Landscape Plan and Architectural Elevations
Page 5
are not visible from any adjacent public right-of-way. The development proposal includes a 15
cubic yard trash compactor room with odor controls at the northeast corner of the proposed
building. The compactor has a capacity between four and six tons and will be on a timing system
so that the compactor is not operating at undesired times. The compactor will be on rails that will
allow it to roll straight out to the alley for direct pick-up and will be obscured from the alley by an
overhead door. A condition of approval is that the rails associated with the trash compactor are
depicted on the site and civil engineering plans.
The building also contains two (2) trash chutes located within trash rooms on the residential levels;
however there are no apparent recycling containers located in these upper level trash rooms or at
any of the refuse areas in the first level parking garage. The accommodation of containers for
recyclable materials is required by the City Code of Ordinances and therefore is attached as a
condition of approval.
Lighting:
The provision of a photometric plan inclusive of lighting coverage for the parking garage levels and
consistent with the requirements of LOR Section 4.6.8 was attached as a condition of the
conditional use approvals. A photometric plan has been submitted which provides lighting
coverage for the parking garage levels; however the balance of the site has not been incorporated
into the plan (Le. the alley area/north entrance, and the pool area). Additionally, the illumination
levels at the parking garage entrances far exceed the maximum levels set forth in LOR Section
4.6.8. While shielding has been provided on the building openings to restrict horizontal glare onto
adjacent properties and rights-of-way, similar means of shielding are not possible at the entrances.
Based upon the above, it is attached as a condition of approval that the lighting located near the
parking garage entrances must be recessed or provided with another means of shielding to
prevent horizontal glare. It is also attached as a condition of approval that the photometric plans
are revised to include the lighting levels throughout the entire site. Also attached as a condition of
the conditional use approvals and again attached as a condition of site plan approval, is the
provision of cut-sheet details of the proposed light poles and fixtures on the photometric plan.
Stacking Distance:
Pursuant to LOR Section 4.6.9(0) (3) (c) (1), 50' of stacking distance is required between the SE
2nd Avenue right-of-way and the drive aisle within the parking garage and only 35' has been
provided. The applicant has requested that a waiver be granted to this requirement and the
following is an analysis of that request:
Waiver Analvsis:
Pursuant to LOR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make 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 applicant has provided the following justification with regard to the waiver request:
"The actual stacking distance is 53'. This is because outside of the 35' proposed distance
is another 18' of sidewalk, landscaping and parallel parking. This gives an actual stacking
distance of 53' (35' + 18'). Technically, we cannot count this distance because it is not on
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Avenue East - Class V Site Plan, Landscape Plan and Architectural Elevations
Page 6
the subject properly, but it exists in actuality. In order to provide all required parking on site,
a double loaded garage is needed. To double load parking with a drive aisle a minimum of
60', exclusive of walls, is required. The narrowness of this site along with the 60' minimum
prohibits us from placing the parking aisle any farther from the street. The stacking
distance requirement changes from 20' to 50' when the number of parking space hits 51.
We are providing 58 spaces on the first level. As we are just above the threshold and the
actual stacking distance is 53: we believe the waiver request is justified':
Pursuant to LOR Section 4.6.9(0) (3) (c), provisions are to be made for stacking such that traffic
may not backup into the public street system. As stated by the applicant in the above justification
statement, the distance between the drive aisle within the first level parking garage and the
easternmost travel lane of SE 2nd Avenue is 53'. Additionally, the traffic associated with the
development will be split across two drive aisles. The subject entrance only serves the first level
and its 58 parking spaces, while the SE 15t Street entrance serves the second level and its 60
parking spaces. Further, the site is affect~d by a depreciating width from north to south, which
does impact the ability to layout improvements in a manner that would not compromise stacking
distance requirements. Based upon the above, the waiver request will not adversely affect the
neighboring area, diminish the provision of public facilities, or create an unsafe situation. This
waiver would also be supported under similar circumstances and thus will not result in the grant of
a special privilege.
OTHER ITEMS:
Undergrounding of Utilities:
Pursuant to LOR Section 6.1.8, utility facilities serving the development shall be located
underground throughout the development. A note has been provided on the site plan to this effect.
Plat:
As the development proposal will require the combination of individual properties as well as the
dedication and abandonment of various easements, a plat must be processed and recorded prio~
to issuance of a building permit and is attached as a condition of approval.
Outstanding Conditions of the Conditional Use Approvals:
While revised plans have addressed several of the conditions of the conditional use approvals for
height and density, the following items remain outstanding and must be addressed:
1. Pursuant to LOR Section 2.4.3(B) (8), depict the approximate locations of aboveground and
underground utilities including water, sewer, drainage, power, gas, telephone, and cable
television; poles and guy wires, transformer boxes, etc. The plan shall also identify the
disposition of all such utilities;
2. Pursuant to LOR Section 2.4.3(B) (14), depict the manner in which all utility services are to be
provided to the site and structures on site;
3. Pursuant to LOR Section 2.4.3(F) (4), provide a composite utility plan that shows the location of
all existing and proposed utilities (water, sewer, power, telephone, gas, cable, drainage, etc.).
The composite plan shall be signed by a representative of each utility provider attesting to the
fact that services can be accommodated as shown on the composite utility plan. The
composite plan shall address the responsibility for relocation of existing services and
installation of new services;
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4. A raised concrete island should be constructed at the north end of the east parking tier of the
garage levels;
5. Indicate proposed elevations on existing roadway;
6. Provide a typical cross section from building to adjacent right-of-way or adjacent property at all
property lines. Pay particular attention to grade differential from proposed site to existing
adjacent properties and show the existing grades on adjacent property. Also, provide paving
cross sections;
7. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria
(1"). Provide signed and sealed drainage calculations and indicate how storm water will be
retained on site. Also, provide certified exfiltration trench test results;
8. Show nearest existing drainage structures and indicate how proposed design will not create
ponding water;
9. Indicate on plans how the roof drainage is accommodated;
10. Provide standard City of Delray Beach parking stall detail and standard RPZ backflow
preventor detail on plans;
11. Provide note that water meter sizes are to be determined by the City of Delray Beach Utility
Department upon building permit application and remove the size indicated on the engineering
plans;
12. Engineer is to field verify location, size and depth of existing City of Delray Beach utilities prior
to submitting Final Engineering Plans; and
13. Indicate location of irrigation water meters.
Site and Enaineerina Plan Technical Items: While revised plans have accommodated most
of staff's concerns, the following items remain outstanding and will need to be addressed
prior to building permit submittal: '
1. The civil engineering plans do not reflect all of the curbing proposed along the alley as per the
site plan; and
2. Provide bollards at north side of crosswalk to prevent vehicles from attempting to utilize area as
, a parking space.
The proposal includes significant landscaping along the west foundation on the building, such as
Royal Palms, Lady Palms and Pigmy Date Palms with underplantings of Jamaica Caper, White
Bird of Paradise, Ti Plant, Variegated Ginger, Xanadu, Ruellia, Wart Fern, Purple Crinum and
Plumbago. Additionally, Live Oak trees are proposed within the landscape islands within the SE
2nd Avenue right-of-way. The landscaping proposed at the southwest corner of the site will consist
of Coconut Palms underplanted with White Bird of Paradise, Purple Crinum and Trinette. The
landscaping proposed along the east side of the SE 1st Street parking garage entrance ramp and
along the east side of the building will consist of Gumbo Limbo, Washingtonia Palms and existing
Live Oak trees underplanted with Firebush and presumably the existing Ficus hedge; however the
hedge is only depicted on the landscape plan, and not identified. The north side of the proposed
mixed-use building will consist of Royal Palms and Triple Alexander Palms underplanted with Ti
Plant, White Bird of Paradise, Purple Crinum and Trinette. Landscaping is also proposed along the
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Avenue East - Class V Site Plan, Landscape Plan and Architectural Elevations
Page 8
north side of the alley; however the landscaping consists only of four (4) trees: an existing
Japanese Fern tree (which is not actually identified on the plan), a relocated Gumbo Limbo tree, an
unidentified tree, and a Washingtonia Palm that is also proposed to be relocated along the east
property line. Therefore, it is attached as a condition of approval that each of the four trees are
specifically identified and further that underplantings are provided within the associated landscape
areas consistent with the plantings on the south side of the alley.
There is a concern that the proposed landscape plan has not appropriately addressed the
swimming pool area. Specifically, there is no landscape buffer proposed between the swimming
pool deck and the adjoining entrance ramp into the second level parking garage. The applicant
has indicated that they anticipate using "large planted pots in the pool deck areas;" however what
these pots will consist of, where they will be located, how many there will be, and whether they will
constitute a meaningful buffer are questions that remain unanswered. Thus, it is attached as a
condition of approval that the landscape plan is revised to provide a meaningful landscape buffer
between th~_ swimming pool area and the parking garage entrance ramp. Based upon the above
and subject to the attached conditions of approval being addressed, the development proposal will
be consistent with the requirements of LOR Section 4.6.16.
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LDR Section 4.6.18lE) - Criteria for Board Action: The following criteria shall be considered, by
the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits.
If the following criteria are not met, the application shall be disapproved:
1. The plan or the proposed structure is in conformity with good taste, good design, and in
general contributes to the image of the City as a place of beauty, spaciousness,
harmony, taste, fitness, broad vistas, and high quality.
2. The proposed structure, or project, is in its exterior design and appearance of quality
such as not to cause the nature of the local environment or evolving environment to
materially depreciate in appearance and value.
3. The proposed structure, or project, is in harmony with the proposed developments in
the general area, with the Comprehensive Plan, and with the supplemental criteria
which may be set forth for the Board from time to time.
The style of the proposed building is representative of the Modernistic (Moderne) and International
styles of architecture. The lower levels (first and second) of the building consist of parking
garages, which requires structural openings in order to provide ventilation and light. Accordingly,
the lower level elevations include wire mesh set within an aluminum frame, which will provide the
necessary screening of the parking garage as well as the required ventilation and light.
Additionally, a colonnade with a chiseled edge coquina stone base has been extended from the
northwest corner of the building (commercial storefront) southward along the full length of the SE
2nd Avenue façade. At the south end of the building a curvilinear wall meandering between the
columns of the colonnade will be constructed. The wall is associated with the second level
swimming pool/deck, and will also include a waterfall wall at the southwest corner of the property.
The colonnade and curvilinear wall will not only provide relief to the west parking garage elevation,
but will also provide support for the third floor balconies above.
The upper levels (third through fifth) of the proposed structure have been stepped back between
six feet (6') and 18' from the lower levels of the building on the SE 2nd Avenue elevation. The
resulting lower level projections have then been incorporated as balconies for the third level
dwelling units. The east elevation of the building, which abuts the Florida East Coast (F.E.C.)
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Avenue East - Class V Site Plan, Landscape Plan and Architectural Elevations
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Railroad right-of-way, will incorporate offsets between five feet (5') and 29' in order to provide relief
to the structure. The architectural elevations incorporate numerous balconies with aluminum
railings and a varying roofline including a standard parapet, a curved parapet, and a curved
corrugated roof. Several window shapes and patterns will also be included in the architecture
along with fluted parapet details, aluminum masts, decorative aluminum door canopies at the north
and west entrances as well as the aforementioned wire mesh screens and colonnade.
The building will have a smooth stucco finish and the first and second level walls behind the
colonnade will be painted copper, while the colonnade and upper level walls will be painted light
yellow. As referenced previously, the bases of the columns within the colonnade will be of chiseled
edge coquina stone. The segments of the building with the curved corrugated roof as well as the
windows will be painted white, and the balcony railings will be painted hunter green.
While the City Commission approved the conditional uses associated with the development
proposal, it is noted that there was a concern with regard to the style of architecture proposed.
The Commission gave direction to the applicant that the style was too industrial in design for and
thus out of character with the area where the building is proposed (Le. within the heart of the
commercial corridor). The Board may want to consider ways in which the applicant could modify
the style of architecture so that it is less industrial and more consistent with typical
commercial/mixed-use buildings.
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Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development
applications, certain findings must be made in a form which is part of the official record.
This may be achieved through information on the application, written materials submitted
by the applicant, the staff report, or minutes. Findings shall be made by the body which has
the authority to approve or deny the development application. These findings relate to the
following areas:
LOR Section 3.1.1 (A) - Future Land Use Map:
The subject property has a FLUM designation of Commercial Core (CC) and a zoning designation --
of CBO, which are consistent. Pursuant to LOR Sections 4.4.13(B) (1) and 4.4.13(0) (15), general
retail uses are allowed as a principle use. Further, multiple-family dwelling units, excluding
duplexes, are permitted through the conditional use approval process at a density greater than 30
units per acre on property located south of NE 2nd Street and north of SE 2nd Street, subject to the
standards and limitations of LOR Section 4.4.13(1). As discussed previously in this report, the City
Commission approved the conditions use request to exceed a density of 30 units per acre (38.2
du/ac approved) based upon positive findings with respect to the referenced performance
standards at its meeting of September 24, 2004. Thus, positive findings can be made with respect
to FLUM consistency.
LOR Section 3.1.1 (B) - Concurrency:
As described in Appendix "A", a positive finding of concurrency can be made as it relates to water
and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and
schools.
LOR Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions):
As described in Appendix "B", a positive finding of consistency can be made as it relates to
Standards for Site Plan Actions.
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LDR Section 3.1.1 (D) - Compliance with the Land Development Regulations:
As described under the Site Plan Analysis section of this report, a positive finding of compliance
with the LOR can be made when all outstanding items attached as conditions of approval are
addressed.
Comprehensive Plan Policies:
While the City Commission made positive findings with respect to the following Objectives and
Policies of the Comprehensive Plan, the following analysis is provided:
Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a
manner so that the future use and intensity is appropriate and complies in terms of soil,
topographic, and other applicable physical considerations, is complimentary to adjacent land uses,
and fulfills remaining land use needs.
The property is currently developed and contains approximately 11,638 square feet of office floor
area, 9,538 square feet of nightclub / bar floor area, and 5,404 square feet of retail floor area as
well as a 60 space surface parking lot. There are no special physical or environmental
characteristics of the land that would be negatively impacted by the proposed residential
development. The redevelopment will be complimentary with the surrounding commercial
developments and provide a customer base for the businesses on a year-round basis, which will
provide economic stability for the downtown area.
In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan
states the following:
"One of the most important objectives of the City's overall housing policy is the
establishment of housing in the downtown area. In the years since adoption of the 1989
Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally
oriented shopping district to a vibrant year-round retail, service, and entertainment area with
an active nightlife. A critical missing element is a significant housing development. The
City recognizes the importance of providing housing in close proximity to shopping,
employment, and transportation, and the need to have a residential base to support the
businesses in the downtown area".
The proposed development will help to fulfill this stated land use need by providing 55 additional
dwelling units and is therefore consistent with this policy.
Future Land Use Element Obiective C-4: The Central Business district (CBD) represents the
essence of what is Delray Beach i.e. a "village like, community by the sea': The continued
revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive
Plan of "A City Set Apart In South Florida". The following policies and activities shall be pursued in
the achievement of this objective: '
Policv C-4. 1: The CBD zoning district regulations shall facilitate and encourage rehabilitation and
revitalization and shall, at a minimum, address the following:
o Deletion of inappropriate uses;
o Incentives for locating retail on the ground floor with office and residential use on upper
floors;
o Accommodating parking needs through innovative actions;
o Incentives for dinner theaters, playhouses, and other family oriented activities;
o Allowing and facilitating outdoor cafes;
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o Incentives for mixed use development and rehabilitation;
o Elimination of side yard setback requirements; and
o Allow structural overhang encroachments into required yard areas.
The development proposal will locate 55 residential dwelling units of various floor plans and sizes
within the downtown area. The residents of these dwellings will be able to walk to shops,
restaurants, cultural venues and parks. They will interact on a regular basis with the storekeepers
and employees, and their neighbors. They will get to know the downtown much more intimately
than the majority of Oelray residents. They will become major participants in, and contributors to,
the downtown community. The development proposal is consistent with Future Land Use Element
Policy C-4.1 as it will facilitate the continued rehabilitation and revitalization of the CBO zoning
district.
TransDortation Element Policv A-1.3: The City endorses the continued operations of the Palm
Tran Transit System and its operations in Delray Beach, and through policies of this Element
related to the TCEA, will coordinate with Palm Tran to improve the system.
Given the potential impacts the proposed residential development will have on the surrounding
road network and the location of a Palm Tran bus stop at the southeast corner of SE 1st Avenue
and SE 1 st Street (one block to the west), it is appropriate that the development contribute toward
the provision of a bus shelter at this location. Thus, it is attached as a condition of approval that a
contribution of $7,500 (approximately half the cost of a shelter) is paid prior to certification of the
site plan for the development. Subject to this condition of approval being addressed, the
development will comply with Transportation Element Policy A-1.3.
TransDortation Element Policv 0-2.2: Bicycle parking and facilities shall be required on all new
development and redevelopment. Particular emphasis is to be placed on development within the
TCEA Area.
A bicycle parking facility is proposed between the existing retail/restaurant uses and the proposed
mixed-use building. Locating the bicycle parking facility at this location will provide a greater level
of usability for the commercial uses. It is anticipated that the occupants of the residential dwelling
units will utilize their individual storage areas or units for storage of their bicycles. Thus, the
proposed development is consistent with this Policy.
DDen SDace and Recreation Element Policv A-3.1: Tot lots and recreation areas serving
children from toddlers to teens, shall be a feature of all new housing developments as part of the
design to accommodate households having a range of ages. This requirement may be waived or
modified for residential developments located in the downtown area and for infill projects having
fewer than 25 units.
This policy may be waived for projects in the downtown as the City recognizes that households
located in the downtown are likely to have fewer children than those located in suburban settings.
Further, land in the downtown is at a premium and it can be cost prohibitive to provide recreational
features such as tennis courts, volleyball courts, etc. and there are other cultural and recreational
opportunities located in the downtown that are not readily available to residents of suburban
apartment complexes. However, the proposed development does provide some recreational
facilities to its residents, such as a swimming pool and an exercise facility.
Some of the recreational, cultural and open space opportunities located in proximity to the Grove
Square development include: Veteran's Park (which includes a large playground and recreational
area), the Municipal Beach, the City's Tennis Center, and the Old School Square Cultural Center.
As playground areas are located close by and other facilities that can be utilized by children, such
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as the pool, the intent of this policy will be met. Based on the above, it is appropriate to waive this
requirement to provide these services entirely on site.
Housina Element Obiective B-2: Redevelopment and the development of new land shall result in
the provision of a variety of housing types which shall continue to accommodate the diverse
makeup of the City's demographic profile, and meet the housing needs identified in this Element.
Policies, which will implement this objective, include:
Housina Element Policv B-2.2: The development of new adult oriented communities within the
City is discouraged. New housing developments shall be designed to accommodate households
having a range of ages, especially families with children, and shall be required to provide three (3)
and four (4) bedroom units and activity areas for children ranging from toddlers to teens. This
requirement may be waived or modified for residential development located in the downtown area
and for infill projects having fewer than 25 units.
This project will not be restricted to occupancy by adults only. However, it is acknowledged that
downtown dwellings are not typically occupied by households with children. This complex will
primarily accommodate young and middle-age professionals. The development will provide a mix
of one (1) and two (2) bedroom units with a single three-bedroom unit also available. As allowed
by this policy, it is appropriate that there not be a requirement to provide four (4) bedroom units
and specific activity areas for children.
Housina Element Policv B-2.6: Housing in and near the downtown area, in close proximity to
employment opportunities and seNices, is a critical need. In order to help stimulate demand for
new housing in and around the Central Business District, the development of new rental housing
projects outside of the TCEA and North Federal Highway area is discouraged.
The development proposal is consistent with Housing Element Policy B-2.6 as it provides the
desired type of residential development within the CBO.
Housina Obiective A-12: To assist residents of the City in maintaining and enhancing their
neighborhood environment, the City shall take steps to ensure that modifications in and around the.
neighborhood do not lead to its decline, such as those described in the following policies.
Housina Policv A-12.3: In evaluating proposals for new development or redevelopment, the City
shall consider the effect that the proposal will have on the stability of nearby neighborhoods.
Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in
terms of their potential to negatively impact the safety, habitability and stability of residential areas.
If it is determined that a proposed development will result in a degradation of any neighborhood,
the project shall be modified accordingly or denied.
As noted previously, the residents of this development will aid in the economic stability of the
downtown area. However, the introduction of additional residential dwelling units will also likely
improve the safety of the area by introducing more nighttime activity and more "eyes" to observe
what is happening in the area, which should be a deterrent to criminal activity. While the
development proposal will result in additional AM and PM peak hour trips onto the surrounding
roadway network, the number of daily trips generated will be substantially reduced by the proposed
residential development replacing the office building and nightclub I bar that presently occupy the
site. Based upon the above, the development proposal will be consistent with Housing Policy A-
12.3.
LDR Section 2.4.5(F) (5) - Comøatibility (Site Plan Findinas): The approving body must
make a finding that development of the property pursuant to the site plan will be compatible
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and harmonious with adjacent and nearby properties and the City as a whole, so as not to
cause substantial depreciation of property values.
The following table identifies the zoning designations and uses adjacent to the subject property:
Zonina:
North
South
CBD
Central Business District-Railroad
Corridor (CBD-RC)
CBD and Community Facilities (CF)
CBD
Use:
Various Retail Businesses
Milagro Center
East
West
Parking Lot and Vacant Land
Various Retail Businesses
The development proposal will enhance the aesthetics of the subject property unifying the majority
of the parcels under a single development. Further, the neighborhood and the downtown as a
whole will benefit by the inclusion of new residential dwelling u~its. However, the Board should
consider providing direction to the applicant with regard to minimizing the industrial facades of the
building, which would allow the architecture to be more compatible with the adjacent commercial
construction. This was identified by the City Commission as a concern during the conditional use
approvals.
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Community Redevelopment Aaency (CRA):
At its meeting of August 12, 2004, the CRA reviewed the development proposal and recommended
approval of the project subject to the attached conditions. The CRA also noted that the livable
space should be capped at 48'.
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Downtown Development Authority (DDA):
At its meeting of August 13, 2004, the DDA reviewed the development proposal and recommended
approval of the project subject to the attached conditions.
Courtesy Notices:
Courtesy notices have been sent to the following homeowner's and/or civic associations:
L] Delray Beach Chamber of Commerce
L] President's Council
L] Progressive Residents of Delray (P. R. O. D.)
Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance
Board meeting.
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The development proposal consists of the demolition of the existing four-story office building and
nightclub / bar (City Limits) along with its associated pavilion and outdoor bar and the construction
of a five-story mixed-use building. The development will provide 55 residential dwelling units, 850
square feet of new retail floor area, and additional on-street parking within the SE 2nd Avenue right-
of-way, while retaining the existing retail and restaurant uses along East Atlantic Avenue. The
provision of additional residential dwelling units within the downtown area will further the long term
revitalization and stabilization of the CBD. The proposed use will be consistent with the objectives
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Page 14
and policies of the Comprehensive Plan and Chapter 3 of the lOR, provided the attached
conditions of approval are addressed.
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A. Continue with direction.
B. Move approval of the waiver request, Class V site plan, landscape plan and architectural
elevations for Avenue East, by adopting the findings of fact and law contained in the staff
report, and finding that the request and approval thereof is consistent with the Comprehensive
Plan and meets criteria set forth in Sections 2.4.5(F), 2.4.7(B) (5), and Chapter 3 of the land
Development Regulations, subject to conditions.
C. Move denial of the waiver request, Class V site plan, landscape plan and architectural
elevations for Avenue East, by adopting the findings of fact and law contained in the staff
report, and finding that the request is inconsistent with the Comprehensive Plan and does not
meet criteria set forth in Sections 2.4.5(F), 2.4.7(B) (5), and Chapter 3 of the land
Development Regulations.
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By Separate Motions:
Waiver Reauest:
Move approval of the waiver request to lOR Section 4.6.9(0) (3) (c) (1) for the reduction in the
required stacking distance from 50' to 35' at the intersection of SE 2nd Avenue and the drive aisle
accessing the first level parking garage, by adopting the findings of fact and law contained in the
staff report, and finding that the request and approval thereof is consistent with lOR Section
2.4.7(B) (5).
Site Plan:
Move approval of the Class V site plan for Avenue East, by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F) and Chapter 3 of the land
Development Regulations, subject to the following conditions:
1. That revised plans are submitted addressing the Site and Engineering Plan Technical
Items as indicated in the staff report and the listed conditions;
2. That the paver brick sidewalk along SE 2nd Avenue is extended through the parking
garage driveway;
3. That the rails associated with the trash compactor are depicted on the site and civil
engineering plans;
4. That the trash rooms located on the residential levels are modified to accommodate
recycling containers, and that accommodations are also made in the compactor room to
allow for the pick-up of recyclable materials;
5. That the lighting located near the parking garage entrances must either be recessed or
provided with a means of shielding to prevent horizontal glare;
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Avenue East - Class V Site Plan, landscape Plan and Architectural Elevations
Page 15
6. That the photometric plans are revised to include the lighting levels throughout the
entire site;
7. That cut-sheet details of the proposed light poles and/or fixtures are provided on the
photometric plans;
8. That a plat is processed and recorded prior to issuance of a building permit;
9. That a revised traffic statement based upon the current development proposal is
provided and approved by the Palm Beach County Traffic Division; and
10. That a contribution of $7,500 (approximately half the cost of a shelter) is paid prior to
certification of the site plan for the development for the provision of a Palm Tran bus
stop shelter at the corner of SE 1st Street and SE 1st Avenue.
LandsC8De Plan:
Move approval of the landscape plan for Avenue East, by adopting the findings of fact and law
contained in the staff report, and finding that the request and approval thereof meets criteria set
forth in Section 4.6.16 of the Land Development Regulations, subject to the following conditions:
1. That each of the four trees proposed along the north side of the alley are specifically
identified and further that underplantings are provided within the associated landscape
areas consistent with the plantings on the south side of the alley; and
2. That the landscape plan is revised to provide a meaningful landscape buffer between
the swimming pool area and the second level parking garage entrance ramp.
Architectural Elevations:
Postpone the architecture elevations for Avenue East with direction.
Attachments: Appendix "A"; Appendix "B"; Site Plan; Landscape Plan and Architectural Elevations.
Staff Report Prepared by: Robert G. Tefft, Senior Planner
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Pursuant to LDR Section 3.1.1 (B), Concurrency, as defined pursuant to Objective B-2 of the Land
Use Element of the Comprehensive Plan, must be met and a determination made that the public
facility needs of the requested land use andlor development application will not exceed the ability
of the City to fund and provide, or to require the provision of, needed capital improvements for the
following areas:
Water and Sewer: Water and sewer service is available to the site via an eight inch (8") water main and
eight inch (8") sanitary sewer main located within the SE 2nd Avenue right-of-way. Fire protection will be
provided via an existing fire hydrants located to the south of the proposed parking garage entrance from
SE 2nd Avenue and at the southwest corner of the property. Pursuant to the City's Comprehensive Plan,
treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste
Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made
with respect to these levels of service standards.
Streets and Traffic: The subject property is located within the City's Transportation Concurrency
Exception Area (TCEA), which encompasses the CBD, CBD-RC, and OSSHAD zoning districts. The
TCEA exempts the above referenced areas from complying with the Palm Beach County Traffic
Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes;
however a traffic statement is necessary to keep a record of trips approved in the TCEA and for
calculation of traffic impact fees. A traffic statement was submitted and approved by the Palm Beach
County Traffic Division for the generation of 28 new AM peak hour trips and 34 new PM peak hour trips.
However, since this time the development proposal has been modified to include 850 square feet of retail
floor area and to eliminate eight (8) dwelling units. Therefore, a revised traffic statement based upon the
current development proposal must be provided and approved by the Palm Beach County Traffic
Division.
Parks and Open Space: The Open Space and Recreation Element of the City's Comprehensive Plan
indicates in its' conclusion that "The City will have sufficient recreation facilities at build-out to meet the
adopted standards". A park impact fee is collected to offset any impacts that the project may have on the
City's recreational facilities. Pursuant to LOR Section 5.3.2, a park impact fee of $500.00 per dwelling
unit will be collected prior to issuance of a building permit for each unit. A total fee of $27,500 will be
required of this development for parks and recreation purposes.
Solid Waste: The existing office building and nightclub j bar that are to be demolished generate 55.65
tons of solid waste per year. The proposed 55 dwelling units will generate 28.6 tons of solid waste per
year (55 units x 0.52 tons = 28.6 tons) and the 850 square feet of retail floor area will generate 4.335 tons
of solid waster per year (850 sq. ft. x 10.2 Ibs. /2,000 = 4.335 tons), a total of 32.93 tons. Thus, resulting
in a decrease of 22.71 tons of solid waste generated per year. The Solid Waste Authority has indicated
that its facilities have sufficient capacity to handle all development proposals till the year 2021, thus a
positive finding with respect to this level of service standard can be made.
Drainaae: Preliminary drainage plans were submitted and indicate that drainage will be accommodated
via floor drains on the second level of the parking garage the will drain to exfiltration trench on the ground
level of the parking garage. There are no problems anticipated in accommodating on-site drainage.
Based upon the above, positive findings with respect to this level of service standard can be made.
Schools: The Palm Beach County School District has approved the development proposal for compliance
with the adopted Level of Service for School Concurrency.
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A. Building design, landscaping, and lighting (glare) shall be such that they do not create
unwarranted distractions or blockage of visibility as it pertains to traffic circulation.
Not applicable
Meets intent of standard
Does not meet intent
x - This standard will be met once the attached conditions of approval
have been addressed.
B. Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives D-1 and D-2 of the Transportation Element.
Not applicable
Meets intent of standard X
Does not meet intent
C. Open space enhancements as described in Policies found under Objective B-1 of the Open
Space and Recreation Element are appropriately addressed.
Not applicable X
Meets intent of standard
Does not meet intent
D. The City shall evaluate the effect that any street widening or traffic circulation modification
may have upon an existing neighborhood. If it is determined that the widening or modification
will be detrimental and result in a degradation of the neighborhood, the project shall not be
permitted.
Not applicable X
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be planned in a
manner which is consistent with adjacent development regardless of zoning designations.
Not appticable X
Meets intent of standard
Does not meet intent
F. Property shall be developed or redeveloped in a manner so that the future use and intensity
are appropriate in terms of soil, topographic, and other applicable physical considerations;
complementary to adjacent land uses; and fulfills remaining land use needs.
Not applicable
Meets intent of standard X
Does not meet intent
G. Redevelopment and the development of new land shall result in the provision of a variety of
housing types which shall continue to accommodate the diverse makeup of the City's
demographic profile, and meet the housing needs identified in the Housing Element. This shall
be accomplished through the implementation of policies under Objective B-2 of the Housing
Element.
Not applicable
Meets intent of standard X
Does not meet intent
H. The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns
shall be reviewed in terms of their potential to negatively impact the safety, habitability and
stability of residential areas. If it is determined that a proposed development will result in a
degradation of any neighborhood, the project shall be modified accordingly or denied.
Not applicable
Meets intent of standard X
Does not meet intent
I. Development shall not be approved if traffic associated with such development would create a
new high accident location, or exacerbate an existing situation causing it to become a high
accident location, without such development taking actions to remedy the accident situation.
Not applicable
Meets intent of standard X
Does not meet intent
J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all
new housing developments as part of the design to accommodate households having a range
of ages. This requirement may be waived or modified for residential developments located in
the downtown area, and for infill projects having fewer than 25 units.
Not applicable
Meets intent of standard X
Does not meet intent
EXHIBIT" A"
CONDITIONAL USE - CONDITIONS OF APPROVAL
1. Pursuant to LOR Section 2.4.3(8) (8), depict the approximate locations of aboveground and
underground utilities including water, sewer, drainage, power, gas, telephone, and cable television;
poles and guy wires, transformer boxes, etc. The plan shall also identify the disposition of all such
utilities.
2. Pursuant to LOR Section 2.4.3(8) (14), depict the manner in which all utility services are to be
provided to the site and structures on site.
3. Pursuant to LOR Section 2.4.3(8) (15), provide a sketch/detail of the proposed aluminum fence, wall,
balcony railings, and wire mesh screen.
4. Pursuant to LOR Section 2.4.3(8) (17), depict the locations of the proposed tight fixtures both within
the parking garage and on the site. Also, provide a detail of the light fixtures/poles along with a
photometric plan. The photometric plan should include data regarding both the interior of the bu.ilding
and site. .
5. Pursuant to LOR Section 2.4.3(8) (18), while a trash compactor has been included to serve the
proposed building, provide facilities for the existing retail and restaurant uses. Also, provide a detail
of the proposed facility and enclosure with notations for the type of gating and materials used for the
enclosure.
6. Pursuant to LOR Section 2.4.3(F) (4), provide a composite utility plan that shows the location of all
existing and proposed utilities (water, sewer, power, telephone, gas, cable, drainage, etc.). The
composite plan shall be signed by a representative of each utility provider attesting to the fact that
services can be accommodated as shown on the composite utility plan. The composite plan shall
address the responsibility tor relocation of existing services and installation of new services.
7. Pursuant to LOR Section 4.6.9(0) (3) (c) (1), 50' of stacking distance is required between the SE 2nd
Avenue right-ot-way and the drive aisle with the parking garage and only 35' has been provided.
8. Pursuant to LOR Section 4.6.16(H) (3) 0), each row of parking spaces shall be terminated by a
landscape island. The parking tier at the north end of the property (outside of the parking garage) i~
not terminated by such a landscape island.
9. A raised concrete island should be constructed at the north end of the west parking tier of the garage
levels.
10. The balconies for units "A15" and "C9" encroach into the F.E.C. Railroad right-of-way and must be
reduced.
11. There is a concern with regard to the accessibility of the proposed trash compactor. The trash
compactor may need to be installed at an angle in order to ensure accessibility. Provide the turning
movements for trash compactor access on the site plan.
12. The area abutting the south side of the compactor should be striped as "no parking".
13. Provide a copy of the required SFWMO permit tor this project.
14. Indicate proposed elevations on existing roadway.
15. Provide a typical cross section from building to adjacent right-of-way or adjacent property at all
property lines. Pay particular attention to grade differential from proposed site to existing adjacent
properties and show the existing grades on adjacent property.
16. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria (1").
Provide signed and sealed drainage calculations and indicate how storm water will be retained on
site.
17. Provide certified exfiltration trench test results.
18. Show nearest existing drainage structures and indicate how proposed design will not create ponding
water.
19. Indicate on plans how the roof drainage is accommodated.
20. Provide paving cross sections.
21. Clearly indicate on plans the limits of all curbing.
22. Indicate how handicap access is provided to structure in conformance with ADA standards and
handicap spaces are to be provided in accordance with Florida Accessibility Code for Building
Construction.
23. Parking layout and striping need to follow City of Delray Beach standards. Provide standard City of
Delray Beach parking stall detail. Remove parking detail from site plan and only show on engineering
plan.
24. Indicate stop bars and signs at egress drives as well as providing interior traffic control markings and
signage. Clearly indicate onsite traffic control.
25. Show existing fire hydrant at intersection of SE 2nd Avenue and SE 1 st Street.
26. Provide note that water meter sizes are to be determined by the City of Delray Beach Utility
Department upon building permit application and remove the size indicated on the engineering plans.
27. Provide standard city RPZ backflow preventor detail on plans.
28. A cleanout will be required on the sewer service at the right-of-way line and/or easement line.
Renumber cleanouts.
29. Indicate typical configuration and location of proposed sewer services with cleanouts.
30. Indicate rim and invert of upstream and down stream manholes of proposed sewer laterals.
31. Engineer is to field verify location, size and depth of existing City of Delray Beach utilities prior to
submitting Final Engineering Plans.
32. Indicate location of irrigation water meters.
33. Provide signed and sealed calculations indicating that existing lift station and force main which
collects waste from proposed site has sufficient volumetric and pumping capacity. Also, confirm that
downstream gravity sewer mains have sufficient capacity.
34. A certified engineer's estimate will be required for improvements within rights-of-way. A 1100/0 surety
and 2% engineering inspection fees will be required. A Financial Guarantee and Agreement for
Completion of Required Improvements is required. For additional information see Section II of the
City of Delray Beach Minimum Construction Standards. Prior to Certificate of Occupancy and the
return of the 110% surety a 10% warranty surety will be required.
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CITY COMMISSION DOCUMENTATION
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FROM:
DAVID T. HARDEN, CITY MANAGER
LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT ¿0
DEPARTMENT
JANET MEEKS, EDUCATION COORDINATOR
TO:
THRU:
SUBJECT: MEETING OF JANUARY 18, 2005
CONSIDERATION OF ADOPTION OF THE RAINBERRY WOODS
STRATEGIC TASK TEAM NEIGHBORHOOD ACTION PLAN
BACKGROUND
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The Rainberry Woods Neighborhood Action plan is the second in a series of plans
taking a comprehensive approach to community building through a Strategic Task Team
approach.
The Rainberry Woods Strategic Task Team was initiated in May of 2003. The team was
made up of neighborhood volunteers and the City of Delray Beach Staff. Staff provides
the Task Team guidance and technical assistance to identify and address neighborhood
concerns. This can include both social issues and physical improvements that can be
corrected through this process which helps to increase the quality of life and property
values in the neighborhood. Rainberry Woods has identified its list of physical
improvements as follows:
· New neighborhood identification signage and entryway beautification;
· Traffic calming elements;
· Improved street lighting;
· New playground including equipment for 2-5 year olds and 5-12 year olds and
enhanced landscaping.
It was identified through this process, that Rainberry Woods is listed as "stable" on the
Residential Neighborhood Categorization Map in the City's Comprehensive Plan.
However, this neighborhood has seen some significant decline over the past decade,
and it is recommended with the next Comprehensive Plan Evaluation and Appraisal
Report (EAR), that this neighborhood be reclassified to "Revitalization". This would help
to ensure that sufficient policies are in place, in addition to the STT Plan, to help move
this neighborhood towards a more stable condition.
Parking was identified as a major need in this neighborhood early on in the process.
One solution was to provide a parking lot in the area where the racquetball courts are to
be removed. However, the residents did not embrace this idea as they noted concerns
over the potential for loitering. Staff however feels it is a necessary component of the
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City Commission Documentation
Consideration to Adopt the Rainberry Woods SIT Plan
Page: 2
plan and would like to reserve the rights to request an increase in the budget to
construct the parking lot with Phase III improvements.
The Rainberry Woods Homeowners Association held its annual meeting in November
2004. The residents unanimously endorsed the proposed improvements and plan. The
attached plan describes the results of various studies, actions already taken, and the
plan of action for the neighborhood. Given the costs associated with the neighborhood
improvements and construction logistics, the improvements for the neighborhood have
been phased for implementation (see attachment).
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RECOMMENDED ACTION
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By motion, adopt the Rainberry Woods Strategic Task Team Neighborhood Action Plan
and recommend that Rainberry Woods Neighborhood be considered to be reclassified
to "Revitalization" on the Residential Neighborhood Categorization Map with the next
Comprehensive Plan Evaluation and Appraisal Report.
Attachments:
. Budget and Action Plan
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Rainberry Woods
Strategic Task Team
Neighborhood Action Plan
City of Del ray Beach
Community Improvement Department
100 NW 1st Avenue, Delray Beach, Florida 33444
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Rainberry Woods
Strategic Task Team
Action Plan
Prepared by:
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The City of Delray Beach
Community Improvement Department
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In conjunction with
Rainberry Woods Homeowners Association
City of Delray Beach Community Improvement Department
100 NW 1st Avenue
Delray Beach, Florida 33444
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Contact Person:
Tom Meeteer, Code Enforcement Supervisor
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Table of Contents:
I. Executive Summary. ..... ............... ....... ........... .... ......4
II. Strategic Task Team Approach ................................7
III. History of Area .. ... ........................... ...... ... .... ........... .10
IV. Existing Conditions ............... .... ...............................17
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· Data Collection
· Public Education
· Existing Zoning and Future Land Uses
· Residential Occupancy Status
· Housing and Property Values
· Property Conditions
~ Sidewalks
~ Street lighting
~ Recreation Area
~ Landscaping
~ Traffic Calming
· Code Enforcement
· Public Transportation
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A~iol1 F»lal1 .............................................................~4
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· Budget
· Action Plan
VI. Appendix ..................................................................40
· Landscape Beautification Plans
· Proposed Tot Lot Equipment
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EXECUTIVE SUMMARY
THE STUDY AREA
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Rainberry Woods subdivision is generally defined as the area of the City
bordered by Lake Ida Road on the North; Military Trail to the West¡ Pine Trial
East subdivision and Barwick Road Baptist Church to the east; and Pylon
Professional Building and High Point Section 7 to the South. A map of the
study area can be found on Page 4 of this report.
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BACKGROUND
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The City of Delray Beach is a coastal community located in southern Palm
Beach County. The City is approaching build-out in terms of population.
Given the City's limited potential for future population growth¡ the City has
begun to focus its attention on the revitalization and rehabilitation of areas
which are in a state of decline or deterioration.
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In 1989¡ as part of the preparation of the of the Housing Element of the City
of Delray Beach Comprehensive Plan¡ a citizen's committee evaluated
neighborhoods throughout the City and categorized residential areas
according to the prevailing condition of private property. The main objective
of the categorization was to identify the level of need in each neighborhood¡
which in turn determined the strategies to be taken.
Rainberry Woods was listed as "stable" on the Residential Neighborhood,
Categorization Map. There are not specific policies that address stable
neighborhoods. Over the past decade¡ this particular neighborhood has
experienced decline and little or no increase in property values¡ and should
be reclassified as in need of "revitalization". It is not known for certain what
created the decline, but it could partly be due to the fact that over the past
10 years a large percentage of new homeowners are immigrants and cultural
standards are different. One major factor in keeping high property values is
the visual condition of ones personal property (curb appeal) and the overall
visual appearance of the neighborhood.
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As part of this process, it would be appropriate to recommend that the
neighborhood be reclassified to Revitalization which will help ensure that
ongoing efforts are provided to this neighborhood to move it towards a
stabilized or stable condition. The polices in the City's Comprehensive Plan
which describes the Classification of Revitalization include:
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· Strengthening the homeowners association;
· Provision of regular contact with the City to help the neighborhood
resolve matters of concern to the neighborhood;
· Additional priority for code enforcement and law enforcement activities
if needed; and
· Development of a neighborhood plan to help arrest deterioration
through physical improvements such as street lighting, sidewalks,
drainage and beautification.
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Rainberry Woods Looking east along Lake Ida Road
These policies described for areas in need of Revitalization are currently
being conducted in Rainberry Woods through the Strategic Task Team (STT)
process as the action plan strives to:
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· Help increase property values;
· Address factors contributing to the deterioration of the neighborhood
including physical improvements as well as social issues;
· Enhance the appearance of the neighborhood including upgrades to
the landscaping, signage and mailboxes;
· Improve public safety;
· Evaluate adequacy of street lighting;
· Provide traffic calming measures; and
· Create an action plan for implementation of improvements.
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STRATEGIC TASK TEAM APPROACH
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Rainberry Woods is the second subdivision in a series of Neighborhood
Action Plans taking a comprehensive approach to community building
through a Strategic Task Team. Redevelopment only occurs in residential
areas where the residents themselves come to consensus and promote the
work on the rebuilding campaign. Community rebuilding or building must
begin with those who live in the area or have reason to invest in the area.
Generally, those who live in the area do not have the wherewithal to begin
the initiation of these efforts. Therefore, governments or foundations· with
the ability to draw together resources must start the process.
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The Strategic Task Team approach is designed around four criteria:
· A defined geographic area;
· An understanding of the residents' needs;
· All City Departments contribute;
· Full participation by property owners.
The role of the Strategic Task Team includes community collaboration,
conducting or commissioning a comprehensive study of the area, strategic
implementation, making sure everyone understands the big picture, keeping
everyone who commits to the plan accountable, and ensuring the process
develops guardians so the results will be maintained.
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To ensure the initiative is managed, it is necessary that the Strategic Task
Team be established before resources are committed. The Team is usuall~
comprised of a majority of neighborhood residents who are provided
guidance and technical assistance from City staff.
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The Strategic Task Team Process:
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The Strategic Task Team (STT) process from start to finish can take up to
four years. The first step in the process is for the residents to identify the
issues and problems facing their neighborhood whether they are physical or
social issues. Staff provides technical assistance to the neighborhood to
analyze the issues identified and come up with a priority list.
If It is a social issue, such as loitering, the Police Department provides its
technical expertise in helping the residents establish ways to overcome the
issue. If it is a physical improvement such as traffic calming elements, staff
conducts a study and determines where the improvements are needed and
the costs associated with the improvement. In some instances, the problem
is only perceived and needs no further action. In other instances, the cbst
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may be too great and not obtainable through this process. This part of the
Strategic Task Team process can be lengthy and take up to a year or more
for everyone residing in the neighborhood to come to a consensus.
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After the priority list is agreed upon, City staff generates working drawings
to determine the final budget for improvements and the STT plan is written.
Once the plan is complete, it is approved by the residents of the
neighborhood at a homeowner's association meeting and formally adopted
by the City Commission. Once approved, the working drawings go out to bid
and the implementation phase may begin. The actual construction of the
improvements may take several years to be installed depending on the
magnitude of improvements.
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THE STRATEGIC TASK TEAM PARTICIPANTS:
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Neiahborhood Particioants:
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Kai and Jacqueline Holmgren
Sylvia Cohen
Chantelle Nesi
Antonio Aguire
Sabine Lamisere
Patrick Jean-Louis
Wendi Phillips
Alex Fedor
Marie Hanna
Kathy Olejniczak
Juan Bello
Thomas Evans
Hernan Lopez
Paul Tirpak
Corilene Y. Hudson
Brad Dowler
Phillip Mohorn
Antonia Clark
Eloise Griffin
Carlos Guerra
Tara Cohen
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Citv Staff:
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Lula Butler, Director Community Improvement
Tom Meeteer, Code Enforcement Supervisor
Susan Passero, Code Enforcement Officer
Jennifer Buce, Code Enforcement Representative
Lieutenant Charles Stravino, Fire Department
Officer Jimmy Horrell, Police Department
Captain Hartmann, Police Department
Sergeant Bill Smith Police Department
Randal Krejcarek, City Engineer
Janet Meeks, Education Coordinator
Nancy Davila, Horticulturalist
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History of the Area
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In January of 1973, a Mr. Irving Sussman requested annexation of two
parcels of land containing 193.7 acres with initial zonings of RM-15 (Medium
Density Residential 15 du/ac) and RM-l0. Parcell contained 57.1 acres and
was located on the east of Military Trail just south of the LWOD Canal 30 and
Parcel 2 which contained 71 acres and was located east of Military Trial,
South of Lake Ida Road, west of Barwick Road, and north of the LWDD Canal
30 (the parcel containing Rainberry Woods).
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The initial annexation proposal that went before the Planning and Zoning
Board was denied as the zoning districts that were requested did not
coincide entirely with the Future Land Use Map designations which only
provided for RM-6 zoning on the 71 acre parcel and RM-7-15 zoning for the
51 acre parcel. They did however recommend that annexation of the 71 acre
parcel as R-1AA (Single Family Zoning) and 51 acre parcel as RM-10.
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The City Commission discussed the annexation at a workshop meeting and
agreed that they could support annexation of both parcels subject to a RM-
10 zoning designation with the north piece (71 acres) being contingent on a
letter being provided to the City stating that the maximum development
would be not more than 6 units per acres In addition, a letter be provided
from the applicant indicating their willingness to apply for RM-6 zoning
should the City later create a RM-6 Zone district. The subject properties
were annexed into the City via Ordinance 16-73 on June 25, 1973.
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In 1976, a request was submitted to plat a portion of Parcel 2. Th~
development proposal was to subdivide 61.97 acres of the original 71 acres.
into 180 lots containing 360 homes (duplexes) and a 3.12 acre park. The
overall density of the development was not to exceed 5.9 units per acre in
the RM-6 zoning district. The plat for the subdivision was known as Pine
Trail, and it would be developed in four phases.
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Phase I was the first section to be platted and is located at the eastern end
of the development and was platted in July of 1976 (see map on Page 13).
Phase 1 plat contained 7.28 acres and 24 duplex lots. It was noted that the
prices for this subdivision would range from $26,000 to $34,000 for each
unit that would contain one and two story homes.
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Phase 2 was platted in November of 1976 and contained 19.77 acres with 50
duplex lots (see map on page 14). This phase would also include a 3.2 acre
park. It is interesting to note that the developer discussed with the City
Commission how the subdivision would be maintained. The developer stated
that the park area would be the only common area in the subdivision with
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$100,000 dollars worth of improvements. The park would be turned over to
a homeowners association for $1.00. The maintenance of the park area
would cost each homeowner $5.00 a month. Each individual owner would be
responsible to maintain their own lot and lawn.
In May of 1977, the developer requested site plan approval for the
recreational facility that consisted of a pool, bath house two tennis courts,
baseball field, and racquetball courts. With the submission of this request
the subdivision was renamed Rainberry Woods while the platted name
remained Pine Trail.
In September of 1977, Phase III of Pine Trail subdivision was platted and
contained 15.22 acres with 53 duplex lots (see Map on Page 15). Phase 3
included minor revisions to the original plan, to realign streets and lot
layouts resulting from additional requirements for flood plain areas. It also
included a 1.6 acre park to help lower the overall density of the subdivision.
Phase 4 was not platted until July of 1978 and consisted of 53 duplex lots on
18.45 acres (See Map on Page 16).
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EXISTING CONDITIONS
Data Collection
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In preparation of this plan, City staff compiled a database of all the lots
located within Rainberry Woods. The primary source of the data was
obtained from the Palm Beach County Property Appraiser's 2003 tax roll. The
information in the database includes such items as property control
numbers, acreage, homestead exemptions, assessed values and re-sale
values back to 1977. Additional information was obtained from field surveys.
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Public Education
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There are three public schools that service the Rainberry Woods
neighborhood. Banyan Creek Elementary School serves students from
Kindergarten through 5th grade and has a permanent capacity of 777
students. The school's current enrollment is 758 students and is currently
operating at 95% capacity. Banyan Creek is the only elementary school
located in Delray Beach that houses an elementary gifted program.
Enrollment relief was provided to Banyan Creek with the opening of
Crosspointe Elementary school in the fall of 2002.
Carver Community Middle School accommodates 6th through 8th grades and
has a permanent capacity of 1,377 students. The school's current enrollment
is approximately 1,368 students and is operating at 99% capacity. Major
enrollment relief was provided to Carver Middle School in the fall of 2001
with the opening of the new middle school in Boynton Beach known as
Odyssey. Further enrollment relief was provided to Carver Middle school with
the opening of Don Estridge High Tech Middle School located in Boca Raton
in 2004. Carver Middle School houses a Middle Years International
Baccalaureate Magnet program.
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This neighborhood is also served by Atlantic Community High School, which
has a permanent capacity of 1,731 students. The current enrollment is
approximately 1,952 students and it is operating at 113% capacity.
Enrollment relief was provided to this school with the opening of several
other new high schools in the area. Atlantic High School will be relocated to
a new site currently under construction, located west of Congress Avenue on
the north side of West Atlantic Avenue. The new school will open for in the
fall of 2005. While the school was originally designed for 2000 students, the
school Board made modifications in the early stages of planning to increase
that number to 2,500 student stations to further provide enrollment relief to
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the school. At the writing of this document, the boundaries for the school are
under consideration. Atlantic High School will have a Construction and
Finance Academy in addition to the already existing International
Baccalaureate and ROTC programs. Delray Beach is the only community that
has an elementary through high school International Baccalaureate program.
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Exiting Zoning and Future Land Uses
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Rainberry Woods subdivision is zoned RM (Medium Density Residential
district), which is consistent with its underlying Future Land Use (FLUM)
designation of Medium Density Residential. As mentioned in the Background
section of this report, the subject property when annexed into the City was
not exceed 5.9 units per acre, and was given an RM zoning designation.
Within the RM zoning district duplex structures are allowed as a permitted
use.
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Currently, within the RM zone District, Duplex lots must have a minimum lot
size of 8,000 square feet, with a minimum lot width of 60' and a minimum
lot depth of lOa'. The current required setbacks for the district include a 25'
front yard setback, 25' side street setback and 15' minimum rear yard
setback. The platted lots located within Rainberry Woods meet the minimum
lot size standards for duplex lots located within the RM zone district. A map
showing existing and surrounding zonings can be found on the next page,
and on page 21 a FLUM map is provided.
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Residential Occupancy Status
Rainberry Woods contains a total of 345 lots. All of the lots have a unit
constructed upon it. Therefore there are no vacant lots located within the
neighborhood. Of the 345 lots, 256 units are listed on the tax rolls as having
a homestead exemption which equates to 74% of units being owner
occupied. Of the 89 units that do not contain a homestead exemption, 30
contain landlord permits indicting that they rent their units. This leaves 59
units with an occ~pancy status as unknown. The City's Code Enforcement
Division will send letters to these particular homeowners explaining that a
landlord permit is needed if they are renting their unit. The landlord permit
is $30.00 and is renewable each year.
Housing and Property Values
Palm Beach County property tax roll records were used as the source of the
statistics for this section of the report. The records provided information on
such items as the property control number, property owner/ addresses, the
year the house was built, the assessed value, homestead exemptions, resale
prices, and how many times a home had been sold since was constructed.
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The 345 unit subdivision was built in phases and contains 345 units. A
majority of the homes were built between 1977 and 1980. All of the
structures are duplexes. The neighborhood has experienced an enormous
turnover in the past 27 years. Only three homes are occupied by the original
owners and almost all of the other homes have been sold at least three and
four times. One unit has been sold nine times.
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With the original construction in 1977, the units were being sold in a price
range of $28,000-$36,000. In 1979 the units were being sold in the mid
$40/000 range. In 1980, the units had increased to the $60,000 range. At
the time the units were rapidly increasing in value. However, the prices
started to stagnate in the late 1980's. The most recent sales have been in
the high $90/000 to the low $100,000, but these prices have not increased
at the same rates being realized for the City as a whole. Increase' in
potential property values could significantly increase if personal property was
better maintained.
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A majority of the homes that have been purchased over the past decade
have been to an immigrant population which has changed the dynamics of
the neighborhood. As the neighborhood struggles with it revitalization
challenges/ it will be important to educate the new residents on the value of
homeownership. Part of that education includes the importance of curb
appeal and well maintained properties which have a direct correlation to
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increased property values. This in itself will be a direct benefit to all that live
within the neighborhood, and help stabilize and transform the community.
Property Conditions
The units for the most part were built in 1977 through 1980 which makes
the oldest home 27 years. The biggest problem with the exterior of the
units is the condition of the wood siding which has not weathered well and is
cracking and peeling. Unfortunately, Strategic Task Team money may not
be spent on this repair item as it is located on private property. The siding
on some of the units has been replaced through the City's Bootstrap
program. As part of this process, the City will try to he'lp find a contractor
that may provide a reduced replacement cost to the homeowners if several
of the homes are repaired at one time.
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The other major issue in this neighborhood is overcrowding. This is evident
with the numerous cars parked in the driveways and the swales in the public
right-of-way. This may be due in part to illegal renting of rooms and large
extended families living together. The homeowner association has
recognized this as a major deterrent to their neighborhood and has
developed guidelines and set minimum standards to deal with this issue.
This will most likely be one of the on-going challenges that this
neighborhood will need to deal with for years to come. Renters do not feel
responsible for exterior maintenance of the homes or yards. Thus, it is
evident when homes are not owner occupied. Many of the homes within the
neighborhoods could benefit from some minor cosmetic repairs such as
enhanced landscaping, general yard clean-up, exterior house painting, and:
,new mail boxes. The Task Team has requested that they install unified mail .
boxes throughout the neighborhood.
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Sidewalks: As Rainberry Woods is a fairly new neighborhood sidewalks are
located on both sides of the streets. In general the sidewalks are in good
condition. Future repairs to sidewalks will be done by the City as conditions
warrant.
Street Lights: Lack of sufficient lighting was identified as an area that should
be Improved. Through the process it was determined that the following items
would be implemented as part of the action plan:
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· Increase street light fixture bulbs from 70 to 100 Watts;
· Add extension arms for lighting fixtures;
· Provide up-lighting at entryways; and
· Provide up-lighting for signage at entries
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Recreation Area: There is one passive open space area and one active
recreational area located in Rainberry Woods. As mentioned in the
background section of this report, a 3.19 acre tract was dedicated by plat for
recreational purposes which are located off of NW 47th Avenue in the
southeast section of the neighborhood. The open space area contains 1.6
acres and is located in the third phase of the development in an area where
homes back up to it. This are is accessible via two pedestrian pathways from
NW 50th Avenue and NW 51st Avenue.
The recreational area is a huge asset to this community and could be one of
its biggest selling points due to the number of amenities and its large open
space area. The recreation area contains a swimming pool with bathhouse,
two tennis courts, playground equipment and racquetball courts. In addition,
it contains a large multi-purpose field. The recreational area is kept in good
condition, but showing its age and needs upgrading.
The Task Team had numerous discussions regarding the recreation area. It
was determined that the racquetball courts and fence posts be eliminated.
The playground equipment should be updated and include equipment for tots
as well as older children. The plans should also include benches for the
adults. In addition, the recreation area should be landscaped to give it a
fresher appearance.
The homeowners association determined that these improvements should
not be installed until Phase III, so that they have enough time to adequately
educate their homeowners of the importance of maintenance. This in itself
would lead one to believe that the Strategic Task Team approach works. The
residents are taking control of their neighborhood and working together as a
team to ensure that the improvements will be well maintained over time.
Racquetball Court
24
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Landscaping: The Task Team discussed landscape improvements and came
up the following list that they felt were the most important to help create a
unified appearance for their community:
· Perimeter landscaping
· Landscaped entranceways
· Better neighborhood identification signage
· Improve conditions in swales
· Repave driveway aprons
Perimeter landscaping for this neighborhood will be provided along both Lake
Ida Road and Barwick Road. The landscape design will be unified and help to
soften the existing linear wood fence. Groupings of Sabal Palms and shade
trees with under plantings of groundcovers will be provided.
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Entry features will be provided along NW 49th Avenue, NW 46th Avenue and
NW 5th Street. The entry features will include landscaping and upgraded
signage as well as traffic calming elements. Copies of the proposed
landscape plans for these areas can be found in the Appendix of this report.
Existing Sign at NW 49th Avenue
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Most of the swale areas are lacking sod which may be due in part to
overflow parking, which over time has killed the sod. The continued effort
made by the Homeowners Association to enforce no parking in the swales
will be a big factor in eliminating visual clutter within the neighborhood.
Driveway aprons will be installed or repaired as part of the neighborhoods
overall improvements.
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The reduction of vehicles along the right-of-way and installation of sod will
greatly improve the appearance of the rights-of-ways. Curb appeal to the
homes can be provided with new foundation plantings and minor cosmetic
repairs which can be seen in the "Before" and "Possible After" pictures on
the next two pages.
28
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Traffic Calming: Speeding was identified as another major issue within
this neighborhood by its residents. The Engineering Division conducted a
traffic study and could not substantiate a speeding problem. But the Task
Team felt it was necessary. Therefore, it is recommended that the
following traffic calming elements be installed:
· Splitter Island at NW 5th Street entry from Military Trail
· Traffic Circle at NW 49th & NW 6th Court
· Speed Platforms on NW 5th Street
Proposed Traffic Circle at
NW 49th Ave. 8r.. NW 6th Court
Proposed Splitter Island at NW 5th Street
a. Military Trail
31
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Code Enforcement: The Code Enforcement Division has worked with the
neighborhood on an extensive basis to help identify and solve issues that
need to be addressed as part of the action plan. Most frequently cited City
Code violations for Rainberry Woods have been for:
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· Nuisance Violations (e.g. over grown lawns, lawns requiring sod and
property with litter and debris
· Abandoned or junk vehicles
· Illegal or improper disposal of trash and refuse
· Outside Storage of discarded or abandoned junk items.
· Housing Code Violations (e.g. paint, roofs, interior and exterior
appearance problems
· Landlord permits renewal and/or expirations
The Code Enforcement Division has created a "Property Maintenance
Standards" booklet for their neighborhood that will be distributed as part of
this process.
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11
Since October 27, 1996, Palm Beach County Mass Transit System, Palm
Tran, has served the Rainberry Woods neighborhood. There are actually two
routes which service this neighborhood. Route 3 runs north and south along
Military Trail and Route 80 which runs along Lake Ida Road and Barwick
Road, but services most of Delray Beach to the east and south. Several bus
stops are located near this neighborhood in the proximity of Military Triál,
and,NW 5th Street, and in the proximity of Lake Ida Road and Barwick Road.',
Transfer locations along the routes give passengers access to a number of
destinations within Palm Beach County.
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,11n addition to Palm Tran, Tri-Rail serves residents of Delray Beach. Tri-Rail's
station is located ar· the south end of the South County Administration
Complex located soÙth of Atlantic Avenue on the east side of Congress
Avenue. "
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Delray Crosstown via
Lake Ida Rd. & Linton Blvd
Revision Date: July 1, 2004
LEGEND
. Points of Interest
Specified Times Only
Roads
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Playworld Challenger 350-0201
A es 2-5 Years
Playworld Structure 350-0204 1
A es 5-12 Years
Pia Structure Delive 1
Pia Surface Fiber & Geotextile 1
Installation of 2 Playworld 1
Structures
Landsca in Recreation Area
Bike Rack 1
Sidewalks? Re airs on oin
Removal of Handball Court
Benches for Pia rou nd
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Action Plan:
The Rainberry Woods Strategic Task Team was initiated in May of 2003. The
team is made up of neighborhood committee members and the City of
Delray Beach Staff to address residents concerns and make improvements to
the neighborhoods to help increase the quality of life and property values.
During the initial meetings the neighborhood committee presented a list of
their needs and concerns, which have been broken down into five areas:
1. Crime and Safety
2. Community Relations
3. Housing and Code Enforcement
4. Landscaping and Beautification
5. Streets, Sidewalks and Drainage
The section below describes the results of various studies,- actions taken and
the plan of action. Given the costs associated with the neighborhood
improvements and the construction logistics, the improvements have been
phased over three years. A schedule of the improvements and financial
breakdown of associated costs is provided at the beginning of this Section.
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Concern: Vehicles speeding throughout the neighborhood
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Action Taken: The City Engineer set up 6 different traffic counts in
Rainberry Woods. It was determined that there is not a real issue with.
speeding. The average speed was at the speed limit allowed in the
neighborhood which is 25 mph. Although, the study showed no real issue in
speeding, the residents felt this was a major issue that needed to be
addressed as part of their neighborhood plan and thought it would increase
the livability of their neighborhood. As described in the report, traffic calming
elements will be provided in the neighborhood in phase II implementation.
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The cornerstone of the Police Department efforts to reduce crime in Delray
Beach is the Community Policing program. Community Policing emphasizes
a cooperative effort between the police and the community to find long term
solutions to the community's problems. Community policing is intended to
Increase the police presence in the neighborhood as well as improve
relations between the department and residents. Specific crime and safety
concerns are noted below:
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Concern: There are lots of crime issues plaguing this neighborhood.
36
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Action Taken: On May 13¡ 2003, a crime analysis of Rainberry Woods was
conducted. It listed all of the major calls for service since January of 2003.
The calls were generated from five residential addresses and stemmed from
domestic, threats¡ assault, theft and noise disturbances. After further
analysis, crime in this neighborhood was mostly perceived and not as major
of an issue as originally thought. The Police Department will continue to
monitor the neighborhood as well as set up a Neighborhood Crime Watch
and Citizens on Patrol program. As crime comes up as an issue in many of
the neighborhoods¡ the Neighborhood Advisory Council will be hosting a
series of workshops¡ one of which will be on crime. The crime workshop will
help to empower the residents with crime prevention and home security
enhancement tips.
Concern: There are a number of cars parked on the sidewalks and swales.
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Action Taken: A study was conducted on illegal parking and blocking of
roadways and sidewalks. It was found that no major violations were found
during the investigation; however sidewalk parking remains a concern. The
committee decided that door hangers should be designed to inform residents
of the ordinance prohibiting parking on sidewalks¡ and include a request to
not park in swale areas. In addition¡ the homeowners association has
started to tow vehicles when illegally parked. The Police Department will
continue its effort of enforcing parking and traffic regulations when needed.
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Community Facilities
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Concern: Increased participation in the homeowner's association (HOA)
meetings as well as developing better ways to enforce homeowners.
Regulations.
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Action Taken: The Community Improvement Director reviewed in details
the Homeowners Association bylaws and rules and regulations. It was
stated that the bylaws are well written, detailed and strong. It is the
responsibility of the HOA Board to enforce the rules and regulations. The
HOA Board should take time to educate the neighborhood of the importance
of following the rules and regulations to help improve the neighborhood
standards.
Concern: The recreation area was identified as being under utilized due to
its deteriorated condition.
Action Taken: The committee discussed removing the handball courts all
together and updating the playground equipment. As described in earlier in
this report¡ most of the improvements being conducted in the neighborhood
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plan revolve around the recreation areas. Improvements include the removal
of the fence post and racquetball court, the addition of new playground
equipment and landscaping. This will be completed in Phase III of the plan.
The HOA has kept the pool area and deck in good condition. The fence
around the pool was noted as an issue as it is a 6' high chain-link which
gives the pool area "prison" like look and the gate is usually locked. Changes
to the fence material were never brought up after some of the initial
meetings and is therefore not included in the action plan. This item may
want to be discussed again with the homeowners and done at a later time
with homeowner association monies.
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Housing and Code Enforcement
Concern: Lack of property Mâintenance of individual properties.
Action Taken: The Code Enforcement Division has developed a property
maintenance standards booklet for distribution to the residents of Rainberry
Woods. This will help educate the residents of common code violations and
steps for remedy.
Concerns: The neighborhood had issues with overcrowding, rental
properties, and absentee landlords.
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Action Taken: The concern with rental property and illegal room renting
will be addressed by Code Enforcement through investigation and issuance
of appropriate violations as needed. The addition of the city Rental Hosing
Inspector will be of assistance as well as brochures, booklets and meetings .
with absentee landlords.
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Landscape and Beautification
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Concern: In order to unify the neighborhood, the Strategic Task Team
identified that the entry signs should be upgraded and the landscaping be
uniform as well. Also, it was decided that the mailboxes would also be
replaced throughout the neighborhood with a standard style mailbox. .
Action Taken: The City Horticulturist worked with the Landscape and
Beautification Committee to identify the areas that needed landscape
upgrades and the placement and design of the entry signs. The new signage
would be placed at NW 46th Street, NW 49th Street and at NW 5th Street.
There will be new irrigation and landscaping installed.
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The committee has agreed on a "standard" mailbox which will be provided to
all residents. The number of mailboxes is approximately 300. The new
mailboxes will include space for house numbers.
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Bootstrap Program: The Bootstrap Program was created by Community
Development department to help residential property owners to improve the
exterior appearance of their homes. Exterior improvements include such
items as: simple repairs, yard clean-up, roof replacement, exterior paint,
window replacement and doors (visible from the street only), and simple
landscaping. The City will provide eligible residents up to $5,000.00 to help
pay for the improvements. Approximately 10 homes per year will receive
benefits from this program. Over a three year period, $150,000.00 will be
infuses into Rainberry Woods. The funding for this program comes from the
City's general fund and is not part of the funding allocation set aside for the
neighborhood plans. Rainberry Woods will be given top priority for this
program.
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Streets Lights, Sidewalks, and Drainage
Concern: The committee discussed that the street lighting is inadequate in
the neighborhood, as well as some of the sidewalks needing repair. After
heavy rains there are some areas within the neighborhood that experience
standing water.
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Action taken: A street lighting survey was conducted by the Public Works
Department. It was determined that the lumens of _ the street lights be
increased. They are currently at 70 watts; the suggested change is to
upgrade to 100 watts and to add Cobra Heads. This will be implemented in-
Phase II. It was determined that most of the sidewalks in the neighborhood
are in good condition and repairs will be made by the City as necessary. The
City Engineer conducted a drainage analysis and found that the amount of
standing water was not abnormal after a rain. It was therefore determined
that drainage was not an issue that needed further action.
39
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Landscape Plan: 2004-14
Rainberry Woods Landscape Buffer
Scale:
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Landscape Design by: N. Davila
I City of Delray Beach
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Community
Improvement
D!\
[i(v{
Memo
From:
David Harden, City Manager
Lula Butler, Director, Community Improvement
tÞ
To:
Date: January 13, 2005
Re: Request for Lien Reduction I NW 13th Avenue
ITEM BEFORE THE COMMISSION:
Consideration of a request from Mr. G. Steven Brannock, who is representing Mr. Domingo
Cuevas, to release liens assessed for abating certain nuisances in the form of accrued
interest and administrative fees to three properties addressed as: (1) 40 SW 13th Avenue, (2)
35 NW 13th Ave and (3) Lot 20, Block 1 Atlantic Park Gardens on NW 13th Avenue. The total
amount of the accrued interest and administrative fees assessed by which the liens are to be
reduced is $9,422.25. The sum total of hard cost and accrued interest and administrative
fees is $17,418.33.
BACKGROUND:
The City Commission approved a policy governing requests for release and/or reduction of
liens at its regular meeting of October 21, 2003. The policy states that the Commission may
consider reducing liens up to an amount equal to the accrued and assessed interest and
administrative fees only. The applicant must agree to pay the City's actual out-of-pocket
costs within 30 days of the approval for the reduction of a lien. Further, the Commission's
approved policy requires that such reductions in liens will be done upon the submission of a
building permit application for a new structure.
Mr. Cuevas acquired the properties via the purchase of a tax certificates and quitclaim deeds
in the amount of $8,226.05. The applicant has indicated he is requesting the waiver in order
to build a single family residence on each lot. The applicant is requesting a waiver of the total
amount assessed for each parcel. The City spent a combined total of $7,996.08 abating
nuisances to these three parcels.
STAFF RECOMMENDATION:
Staff is recommending that the assessed liens be reduced by a total amount of $9,422.25 of
assessed to his properties on NW 13th Avenue. In addition, the balance of the lien, in the
amount of $7,996.08 representing the City's out-of-pocket costs, must be paid within 30 days
of Commission approval and the release of the reduced lien amount shall be coordinated
with the submission of a building permit for a single family homes on each of the lots.
LB:DQ
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N
REDUCTION OF MUNICIPAL LIENS
'CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
A LOT 16 BLOCK 1 ATLANTIC PARK GARDENS
B. LOT 18 BLOCK 4 ODMANNS SUBDIVISION
C. LOT 20 BLOCK 1 ATLANTIC PARK GARDENS
- - DIGITAL BASE MAP SYSTEM --
MAP REF. LM806
LAW OFFICE
G. Steven Brannock, P.A.
1800 South Australian Avenue, Suite 402
West Palm Beach, FL 33409-6450
Telephone (561) 478-4414 Facsimile (561) 478-4148 e-mail steve@brannocklaw.com
Board Certified Real Estate Lawyer
Certified State Court Mediator
December 6,2004
Ms. Lula Butler, Director
Department of Community Improvement
City of Delray Beach
100 West 1 st Avenue
Delray Beach, FL 33444
Re: Request for Reduction of Municipal Liens
Dear Ms. Butler:
I represent Domingo Cuevas. This letter is in regards to a request for reduction of
Municipal Liens on the following property:
A. Lot 16 Block 1 ATLANTIC PARK GARDENS according to the Plat t
hereof on file in the office of Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book 14, Page 56.
PCN 12-43-46-17-18-001-0160
B. Lot 18 Block 4 Odmanns Subdivision according to the Plat thereof on file
in the office of Clerk of the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 4, Page 53.
PCN 12-43-46-17-28-004-0180
c. Lot 20 Block 1 ATLANTIC PARK GARDENS according to the Plat
thereof on file in the office of Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book 14, Page 56.
PCN 12-43-46-17-18-001-0200
My client is requesting that a full release of these liens be granted. My client's intent,
once the liens have been waived, is to construct a new single-family residence to be
owner-occupied. Enclosed please find the appropriate Requests for Reduction of
Municipal Liens Form for this property.
-Ms. Lula Butler
·December 6, 2004
Page 2
Please consider the City of Lake Worth is granting full waivers and the City of West
Palm Beach is accepting fifteen percent (15%) of their original amount.
We appreciate the City's consideration of our request. If you have any questions or
comments, please feel free to contact me. Thank you.
GSB:gb
Encls.
City of Delray Beach
Department of Community Improvement
REQUEST FOR REDUCTION OF MUNICIPAL LIENS FORM
I. Please complete the information listed below as the requester for lien reduction.
· Requester's Name (if business, please list company name and contact person):
Domingo Cuevas
· Address:
1016 Wilkinson Road
Lantana, FL 33462
· Contact Telephone Number:
561-478-4414
· Fax Number:
· E-mail address:
561-478-4148
certifiedlawyer@aol.com
2. Please indicate if the company listed in 1, above (if applicable) is:
D For Profit
D Non-Profit
3. Property information - Describe the property for which this request is being made:
· Address: NW 13th Ave.
Delray Beach, FL
· Property Control Number (PCN):
u - ~_ - M_ -11_ - ì8_ - -º-.OL_ - -º-2-º-º__
· Legal Description:
Lot 20, Block 1, ATLANTIC PARK GARDENS, ACCORDING TO THE PLAT
THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT,
IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 14,
PAGE 56.
4. Property acquisition infonnation:
· Date of Purchase:
November 7, 2001
· Method of Purchase - Warranty Deed, Tax Certificate, etc.: Tax Deed
· Purchase Price $ 3,500.00
5. Briefly describe exact1y what you are requesting from the City:
We request a full release of all city liens
against the described property.
6. Briefly describe the purpose for which subject property will be utilized and your
proposed timetable for implementing such use:
Construction of a single family home for an owner/occupant.
Timeframe: Within 6 months of permit issuance or approximately
6 months to 1 year after the release of liens.
7. Have you requested lien reductions at any other time from the City of Del ray Beach?
If so, when and on what property:
Yes. Release of liens on two other lots simultaneous with
this request. See atnached letter.
It I ~/ð1
Date Submitted
Owner (or owner' gent) Signature
G. Steven Brannock, Esq.
Attorney for Domingo Cuevas
Agent's Title
1800 So. Australian Ave., STe. 402
WEst Palm Beach, FL 33409
561-478-4414
561-478-4148 fax
City of Delray Beach
Department of Community Improvement
REQUEST FOR REDUCTION OF MUNICIPAL LIENS FORM
1. Please complete the infonnation listed below as the requester for lien reduction.
· Requester's Name (if business, please list company name and contact person):
Domingo Cuevas
· Address:
1016 Wilkinson Road
Lantana, FL 33462
· Contact Telephone Number:
561-478-4414
· Fax Number:
· E-mail address:
561-478-4148
certifiedlawyer@aol.com
2. Please indicate if the company listed in 1, above (if applicable) is:
D For Profit
D Non-Profit
3. Property information - Describe the property for which this request is being made:
· Address:
40 SW 13th Avenue
Delray Beach, FL
· Property Control Number (PCN):
11- ~ _ - ~L - --17_ - ~8_ - -º9L _ _0>18<L_
· Legal Description:
Lot 18, Block 4, ODMANNS SUBDIVISION, according to the Plat
thereof on file in the Office of the Clerk of the Circuit Court,
in and for Palm Beach County, Florida, recorded at Plat Book 4,
Page 53.
4: Property acquisition information:
· Date of Purchase:
February 7, 2002
· Method of Purchase - Warranty Deed, Tax Certificate, etc.: Tax Deed
· Purchase Price $ 3,495.00
5. Briefly describe exactly what you are requesting from the City:
We request a full release of all city liens
against the described property.
6. Briefly describe the purpose for which subject property win be utilized and your
proposed timetable for implementing such use:
Construction of a single family home: for an owner/occupant.
Timeframe: Within 6 months of permit issuance or approximately
6 months to 1 year after the release of the liens.
7. Have you requested lien reductions at any other time from the City of Delray Beach?
If so, when and on what property:
Yes. Release of liens on two other lots simultaneous with
thlS request. ~ee attached letter.
-''L'~'O'f
Date Submitted
Owner (or owner's nt) Signature
G. Steven Brannokk, sq.
Attorney for Doningo Cuevas
Agent's Title
1800 So. Australian Ave., STe.
Wesb Palm Beach, FL 33409
561-478-4414
561-478-4148
402
City of Delray Beach
Department of Community Improvement
REQUEST FOR REDUCTION OF MUNICIPAL LIENS FORM
1. Please complete the infonnation listed below as the requester for lien reduction.
· Requester's Name (if business, please list company name and contact person):
Domingo Cuevas
· Address:
1016 Wilkinson Road
Lantana, FL 33462
· Contact Telephone Number:
561-478-4414
· Fax Number:
· E-mail address:
561-478-4148
certifiedlawyer@aol.com
2. Please indicate if the company listed in 1, above (if applicable) is:
D For Profit
D Non-Profit
3. Property information - Describe the property for which this request is being made:
· Address:
35 NW 13th Avenue
Delray Beach, FL
· Property Control Number (PCN):
11- ~_ - ~_ -11_ - -18_ - -º-OL_ - --º.160__
. Legal Description:
Lot 16, Block 1, ATLANTIC PARK GARDENS, ACCORDING TO THE
Plat bhereof on file in the office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, recorded in Plat
Book 14, Page 56.
4. Property acquisition information:
· Date of Purchase: November 7, 2001
· Method of Purchase - Warranty Deed, Tax Certificate, etc.:
'f::rx DppC!
· Purchase Price $ 4,404.00
5. Briefly describe exactly what you are requesting from the City:
We request a full release of all city liens
against the described property.
6. Briefly describe the purpose for which subject property will be utilized and your
proposed timetable for implementing such use:
Construction of a single family home for an owner/occupant.
Timeframe: Within 6 months of permit issuance or approximately
6 months to 1 year after the release of liens.
7. Have you requested lien reductions at any other time from the City of Del ray Beach?
If so, when and on what property:
Yes. Release of liens of two other lots simultaneous with
this request. See attached letter.
I~f "l4j
Date Submitted
nt) Signature
G. Steven Brannock, Esq.
Attorney for Domingo Cuevas
Agent's Title
1800 So. Australian Ave., Ste. 402
West Palm Beach, FL 33409
561-478-4414
561-478-4148 fax
CHARGE BREAKDOWN AS OF 12/22/04
, . ¡ Customer # 212 & 5616
¡ Owner Name Domingo Cuevas
i Property Address 40 SW 13th Avenue
¡ I Lot 18, Block 4, Odmann's
I
A. UNSAFE ¡ ,
i
INVOICE INVOICE ! RECORDING ADMINISTRATIVE PAYMENT
DATE NUMBER FEE FEE TO VENDOR
6/10/1996 10595 ; - $342.53 $2,259.36
09/06/95 ! 6313 · $96.19 $590.72
· -
! I $438.72
I
¡
i I PAYMENT TO VENDOR $2,850.08
;
! I
I ADMINISTRATIVE FEE I $438.72
! I
i
INTEREST i $2.002.45
!
! I ! TOTAL UNSAFE FEE AS OF 12/22/04 i $5.291.25
I I I
i I
B. NUISANCE ABATEMENT i I
i
INVOICE , INVOICE : RECORDING i ADMINISTRATIVE I PAYMENT
I · I
DATE NUMBER I FEE i FEE TO VENDOR
I !
12/31/00 21322 - $80.00 I $65.90
I
09/07/01 20402 $80.00 I $58.18
, -
01/18/01 19212 $2.37 $70.00 $58.93
08/15/00 17506 $2.72 $70.00 ¡ $50.95
06/22/00 17036 $2.80 $70.00 I $50.95
!
04/05/00 13739 $2.82 I $70.00 ¡ $52.00
.
04/10/98 12509 I $3.71 ! $70.00 $51.00
:
06/18/98 I 11957 $2.63 $70.00 $59.00
11/14/97 i 10651 I $1.44 $70.00 $51.00
(IN PROCESS OF BEING INVOICED) - $55.00 $84.00
$18.49 ! $705.00
i ¡
I SUMMARY I PAYMENT TO VENDOR $581.91
I
! .
AMOUNT ¡
! ADMINISTRATIVE FEE I $705.00
TOTAL HARD COST * i $4,136.99
i I
I
INTEREST $343.66
TOTAL INTEREST ! $2,020.94 I
I
! RECORDING FEE : $18.49
!fOTAl ADMINISTRATIVE FEE! $782.38 I
I
TOTAL NUISANCE ABATEMENT
TOTAL DUE AS OF 12/22/04 I $6.940.31 FEE AS OF 12/22/04 $1.649.06
¡
* Recording Fee and Payment to Vendor
--'---- - ¡
¡ CHARGE BREAKDOWN AS OF 12/30/04
:
i
-- I
¡ Customer # 118 ,
; Owner Name Domingo Cuevas ;
i
I ¡ Properties .35 NW 13th Avenue :
I Lot 16 Block 1 Atlantic Park Gardens I
i
I I . Vacant Lot on NW 13th Avenue ¡
! i
! I Lot 20 Block 1 Atlantic Park Gardens i
I
I !
I ¡ i ¡
A. NUISANCE ABATEMENT I I ,
¡
i I ,
INVOICE ! INVOICE RECORDING ADMINISTRATIVE: PAYMENT i
DATE NUMBER FEE i FEE TO VENDOR
I
03/13/03 23825 - $80.00 I $140.00 ¡
04/08/02 ! 21804 $80.00 ! $58.18 I
-
09/26/01 I 20458 - $80.00 $58.18 !
,
09/13/01 20444 , - $80.00 $58.18
12/19/00 i 18744 I $3.11 ¡ $70.00 $50.95
08/15/00 17500 I $2.72 ! $70.00 $58.93 i
;
07/11/00 17105 ; $2.80 i $70.00 $50.95 I
, I
12/06/99 ¡ 15477 . $3.64 $70.00 I $70.00 !
08/03/99 ! 14493 ! $3.00 $70.00 I $57.00
08/03/99 14494 I $3.00 $70.00 I $62.00
I I
i I $2.48 $70.00 I $67.00
02/02/99 13547 i
04/30/97 9411 i $3.00 I $70.00 $75.00
1993 I 8213 * ; $2.41 $70.00 ; $39.42 !
08/28/96 i 7972 $1.53 $70.00 $61.00 I
! !
03/27/96 ! 7283 $2.61 I $70.00 ! $61.00
!
08/04/95 I 6137 $2.80 $70.00 ! $56.00
; ;
10/07/94 I 4226 I $2.73 $70.00 $45.00 i
, !
06/1 0/94 2770 $1.90 $70.00 i $45.00
I
12//07/90 I 14287 ; $2.87 $50.00 I $53.00
09/21/90 14745 ! $2.00 $50.00 I $55.00 i
I
I
08/22/90 14065 $2.17 I $50.00 I $50.00 I
; !
01/30/89 12283 I $2.76 I $50.00 I $25.00
I i !
05/16/88 11518 I $2.31 $50.00 $50.00 I
;
03/17/88 I 11175 $2.11 i $50.00 $50.00 I
i ¡ I
09/15/87 10512 I $2.28 $35.00 $50.00 :
i
OS/29/87 ~ 9652 I $2.10 ! $35.00 , $40.00
- I $3.16 $35.00 $17.00 i
02/15/95 ¡ 6376 i ,
07/30/84 5976 $2.64 i $35.00 I $25.00 I
$62.13 . $1,740.00 I $1,528.79 !
! I I
¡ ;
i ! ! ¡
,
:
I
¡ ;
I i !
I I I ;
I
¡ ! !
! i
I I ,
i
! I ! I
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I ! I
I
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i !
Page 1
,
~'~ ~-~- I i
i
I I
I I : I
I !NUISANCE ABATEMENT T
!
, I
I I
I I I i
I i I I
I :
¡ RECORDING ADMINISTRATIVE ! PAYMENT INTEREST *
FEE , FEE ; TO VENDOR
I !
Totals ! i
i ¡
Prior Page I $62.13 $1,740.00 i $1,528.79 $2,793.10
Deduct for Invoice 8213 * I ($2.41 ) ($70.00) I ($39.42) ! ($106.05)
I
I
NET (APPROXIMATE) I $59.72 $1 670.00 I $1 489.37 $2 687.05
I
I ¡
I I
- i
- I i
* It appears that this invoice and charges should have been deleted in 1993 but were incorrectly carried in ledger to
current date; lien was actually satisfied in 2002. Deductions are approximate calculations. I
i I i
I i
B.UNSAFE (35 NW 13th Avenue) ! I
¡ i ¡
I
, ! i
RECORDING I ADMINISTRATIVE i PAYMENT INTEREST I
FEE I FEE I TO VENDOR I
! , I
- $231.00 I $2.310.00 i $2.030.88
I I
I I
: $231 00 $2 310.00 i $2 030.88 I [
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Page 2
Date: January 13,2005
Agenda Item No. q ~
AGENDA REQUEST
Agenda request to be placed on:
_X_ Regular
_ Special
_ Workshop
Consent
When: January 18,2005
Description of Agenda Item:
~j'W
Request to Reduce Liens for Properties on NW413 th Avenue
Ordinance/Resolution Required: Yes / No
Draft Attached: Yes / No
Recommendation: Approval
Department Head Signature: ¡j::f.{~~~ ~ Â- _
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No
Funding Alternatives:
Account # & Description:
(if applicable)
City Manager Review:
Approved for agenda: &/ No ¿;r-1
Hold Until: (
Agenda Coordinator Review:
Received:
Action: Approved / Disapproved
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CI1Y MANAGERz¡¡v1
AGENDA ITEM # q ~ - REGULAR MEETING OF JANUARY 18, 2005
ALTERNATIVE WATER SUPPLY FUNDING AGREEMENT/SOUTH
FLORIDA WATER MANAGEMENT DISTRICT (SFWMD)
JANUARY 14,2005
TO:
SUBJECT:
DATE:
This is before the Commission to consider approval of an Alternative Water Supply Funding Program
Agreement in the amount of $150,000.00 with the South Florida Water Management District (SFWMD)
for the construction costs related to the Phase I Reclaimed Water Transmission System Project.
The agreement will establish the terms of administration of the grant and requires a minimum 500/0 match
by the City. Funding is reimbursable to the City upon completion of the construction project which must
occur within thirty-six (36) months.
Recommend approval of the Alternative Water Supply Funding Program Agreement with the South
Florida Water Management District.
S:\City Clerk\agcnda memos\Alternative Water Supply Grant SFWMD.01.18.05
City Of Delray Beach
Department of Environmental Services
M E M 0 RAN
D
u
M
W1-'VW. mydelraybeach. com
FROM:
David T. Harden, City Manager fl ~
Richard C. Hasko, P .E., Environmental Services Director W-
TO:
SUBJECT:
ALTERNATIVE WATER SUPPLY GRANT
DATE:
January 12, 2005
Attached is a copy of a funding program agreement between the City and the South Florida Water
Management District (SFWMD) establishing the terms of administration of an Alternative Water
Supply Grant in the amount of $150,000. This grant is awarded as a 50% matching grant for
construction costs related to the Phase I Reclaimed Water Transmission System project under the
District's annual Alternative Water Supply Grant Program. The funds are reimbursable to the City
upon issuance of an invoice to SFWMD accompanied by a letter of completion of project
construction. The project construction must be completed within 36 months.
Please place this item on the January 18, 2005 Comission agenda as a request that Commission
authorize the Mayor to execute the agreement as the City's authorized official. SFWMD will require
a copy of the Commission action along with two executed originals of the agreement to continue
processing the grant.
Cc: Joe Safford, Finance Director
Randal Krejcarek, P .E., City Engineer
Dan Beatty, P .E., Deputy Director Public Utilities
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SOUTH FWRIDA \1VATER MANAGEMENT DISTRICT
- 3301 Gun Club Road, West Palm Beach, Florida 33406 · (561) 686-8800 · FL WArs 1-800-432-2045 · TDD (561) 697-2574
MaIlmg Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 · www.sfwmd.gov
ADM 28-06
January 7, 2005
Mr. Richard C. Hasko, PE
City of Delray Beach
100 N.W. 1st Ave.
Delray Beach, FL 33444
Subject:
Contract No. DG050230
Area 1 Reclaimed Water System
Dear Mr. Hasko:
Enclosed a re two (2) copies 0 f t he subject contract. P lease have them signed by an
individual with signature authority on behalf of your organization. Return both copies to
my attention. Do not date the documents; a fully signed and dated contract will be
returned to you upon execution by the District.
Kindly return the executed documents within ten (10) business days. Please include
documentation to demonstrate official delegation of signature authority on behalf of your
firm up to the contract monetary limits.
Note that this contract is not binding on the parties until it is approved by the appropriate
level of authority within the District and executed by both parties.
Your cooperation and timely response will be greatly appreciated. Should there be any
questions. please contact me at (561) 682-2536.
Sincerely,
~7
Penelope Burger
Contract Specialist
Procurement Department
PBllw
Enclosures
c:
wI attachment
Nestor Garrido, 4350
GovnmlNG Bo¡\ w
EXECUTlVE OFFICE
Nicol.'s] Cutk'rrl'J'.lr. Esq.. Clrlllr
£',Hnl'l,l Brook..;-Thol11.\..;. \"",·t'/lIlIr
Ird.1 M. ß,\gUl'
Michael Collins
Hugh M. English
Lennart E. Lmd,\hl. r.E.
Kevin McCarty
Harkley R. Thornton
Trudi K. Williams, r.E.
Henry Dean, EXl'Clltll't' n,rrchlr
ORIGINAL
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2004-2005 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ALTERNATIVE WATER SUPPLY
FUNDING PROGRAM AGREEMENT
Recipient:
City of Delray Beach
Agree~eD~~jt~~~r:;' ~Q ~:' ," :.:......'.." .
, '. ,:.>~~ ~ . >,:' ,~':~~:tÚ:: ,:::'~i~r~;;/', -:.t~~r:~~:'~ ;;~,'·~':1.~~:~i,::. ;: " - '".' : . .
Gov - 'BoaÏrdi\ "'ròY"~B:~·¡. :f:'NØ~~bêí::ff:2004
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Recipient's Project Manager:
Richard C. Hasko, P.E.
,-
District ~~~~_:~~Qíi~'_$;:t'~9~~~~~ "
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" .
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Address:
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Telephone No:
561-243-7336
Fax No:
561-243-7060
SFWMD Project Manager:
Nestor Garrido
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Address:
3301 Gun Club Road
West Palm Beach, Florida 33406
Telephone No:
561-682-6908
Fax No:
561-681-6264
Insurance
N/A
Federal Employer Identification Number:
59-6000308
Project Title:
Area 1 Reclaimed Water System
Description:
Installation of a 30-inch and 24-inch Reclaimed Water Main to Serve New Reclaimed Water Users
(Atlantic H.S. and Delray Beach Municipal Golf Course.
Agreement No. DGOS0230, Page 1 of 10
This Agreement is entered into between "the Parties", the South Florida Water
Management District (SFWMD), the "District", and the undersigned Applicant,
hereinafter referred to as the "Recipient." The Recipient warrants and represents that it
has no obligation or indebtedness that would impair its ability to fulfill the terms and
conditions of this Agreement, and shall abide by all legal, financial, and reporting
requirements, such as matching funds and final reports for all funding received by the
Recipient from the District.
ARTICLE 1 - PROJECT
1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct
and perform all work items described in the "Statement of Work," attached hereto as
Exhibit "C", and made a part of this Agreement.
1.2 As part of the services to be provided by the Recipient under this Agreement, the
Recipient shall substantiate, in whatever form reasonably requested by the District,
any supporting documentation utilized as a basis for payment by the District. This
paragraph shall survive the expiration or termination of this Agreement.
ARTICLE 2 - TERM OF THE AGREEMENT
2.1 The period of performance of this Agreement shall commence upon the last date of
execution of this Agreement and shall continue for a period not to exceed thirty-six
(36) months.
2.2 The Parties agree that time is of the essence in the performance of each and every
obligation under this Agreement.
ARTICLE 3 - COMPENSATION/CONSIDERATION
3.1 As consideration for providing the goods and services required by this Agreement,
the District shall pay the Recipient the funding amount as specified on front page.
Such amount is a not to exceed amount and therefore, no additional consideration
shall be authorized. Recipient must provide at least fifty (50) percent of the total
project cost, with the exception of designated RED! communities.
Agreement No. DG050230, Page 2 of 10
3.2 The Recipient assumes sole responsibility for all work, which is perfonned
pursuant to Exhibit "C". By providing funding hereunder, the District does not
make any warranty, guaranty, or any representation whatsoever regarding any of the
work perfonned hereunder, including but not limited to the adequacy or sufficiency
of all or any part of work described in Exhibit "C".
3.3 The Recipient hereby agrees not to use District funding for any work associated
with the research, design and pennitting aspects of the Project. District funds shall-
only be used for capital or infrastructure costs for the construction activities
described in Exhibit "C".
ARTICLE 4 - FUNDING PAYMENTS AND REPORTING
4.1 The District shall make payment to the Recipient upon completion and acceptance
of the final deliverable as described in Exhibit "C". The Recipient shall provide
certification that all construction has been completed in accordance with Exhibit
"C" of this Agreement.
4.2 The Recipient's invoice shall reference the District's Agreement Number and shall
be sent to the Project Manager at the address stated on the first page of this
Agreement. The Recipient shall not submit an invoice to any other address at the
District.
4.3 The District shall have the right to inspect all work and review final reports before
authorization of payment is made to the Recipient. It is the policy of the District
that payment for all goods and services shall be made in a timely manner and that
interest payments are made on late payments. In accordance with Florida Statutes,
Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an
invoice that confonns to all statutory requirements and all District requirements as
set forth in the Agreement for invoice submission. The time at which payment shall
be due from the District shall be forty-five (45) days from receipt of a proper
invoice and acceptance of services and/or deliverables, based on compliance with
the statutory requirements set forth in Section 218.70, ES. and upon satisfaction of
the District conditions as detailed in the Agreement.
Failure of the Recipient to follow the instructions set forth in the Agreement
regarding a proper invoice and acceptable services and/or deliverables may result in
an unavoidable delay in payment by the District. All payments due from the District
for a proper invoice and acceptable services and/or deliverables and not made within
the time specified in this section shall bear interest from thirty (30) days after the
due date at the rate of one percent (1%) per month on the unpaid balance. The
Recipient shall invoice the District for payment of any accrued unpaid interest.
Agreement No. D0050230, Page 3 of 10
Any disputes regarding invoice payments which cannot be resolved by the
appropriate department of the District shall be concluded by final written decision
of the District Leadership Team not later than sixty (60) days after the date on
which the proper invoice was received by the District.
4.4 Upon award of the Agreement, the Recipient shall provide to the District a
detailed schedule of the Project. The Recipient shall provide three (3) copies of
progress reports every six months to the District, which shall describe the extent
of Project completion. Upon request by the District, the Recipient shall provide as
supporting documentation, all work products associated with the completion of
the tasks designated in the Work Breakdown Structure Exhibit "C", and Schedule
of Tasks and Deliverables Exhibit "D", attached to this Agreement.
ARTICLE 5 - PROJECT MANAGEMENT
5.1 The Parties shall direct all matters arising in connection with the performance of
this Agreement, other than invoices and notices, to the attention of the Project
Managers. The Project Managers shall be responsible for overall coordination and
oversight relating to the performance of this Agreement.
5.2 All notices, demands, or other communications to the Recipient under this
Agreement shall be in writing and shall be deemed received if sent by certified
mail, return receipt requested, to the address stated.
All notices to the District under this Agreement shall be in writing and sent by
certified mail to:
South Florida Water Management District
Attn: (District Project Manager's name as stated on the first page of the
Agreement)
(Address as stated on the first page of the Agreement)
5.3 All notices required by this Agreement shall be considered delivered upon receipt.
Should either Party change its address, written notice of such new address shall
promptly be sent to the other Party.
5.4 All correspondence to the District under this Agreement shall reference the
District's Agreement Number.
Agreement No. DG050230, Page 4 of 10
ARTICLE 6 - TERMINATION I REMEDIES
6.1 It is the policy of the District to encourage good business practices by requiring
recipients to materially perfonn in accordance with the tenns and conditions of
the Agreement. In accordance with District Rule 40E-7, Part II, F.A.C., "material
breach" is defined as any substantial, unexcused non-perfonnance by failing to
perfonn an act that is an important part of the transaction or perfonning an act
inconsistent with the tenns and conditions of the Agreement.
If the Recipient materially fails to fulfill its obligations under this Agreement, the
District will provide written notice of the deficiency by forwarding a Cure Notice
citing the specific nature of the material breach. The Recipient shall have thirty
(30) days to cure the breach. If the Recipient fails to cure the breach within the
thirty (30) day period, the District shall issue a Tennination for Default Notice.
Once the District has notified the Recipient that it has materially breached its
agreement with the District, by sending a Tennination for Default Notice, the
District's Governing Board shall detennine whether the Recipient should be
suspended ftom doing future work with the District, and if so, for what period of
time. The District's Governing Board will consider the factors detailed in Rule
40E-7, Part II, F.A.C. in making a detennination as to whether a Recipient should
be suspended, and if so, for what period of time. Should the District tenninate for
default in accordance with this provision, the District shall be entitled to recover
reprocurement costs in addition to all other remedies under law and/or equity.
6.2 The District may tenninate this Agreement at any time for convenience upon
thirty (30) calendar days prior written notice to the Recipient. The perfonnance
of work under this Agreement may be tenninated by the District in accordance
with this clause in whole, or ftom time to time in part, whenever the District shall
detennine that such tennination is in the best interest of the District. Any such
tennination shall be effected by delivery to the Recipient of a Notice of
Tennination specifying the extent to which perfonnance of work under the
Agreement is tenninated, and the date upon which such termination becomes
effective. In the event of tennination, the District shall compensate the Recipient
for all authorized and accepted work perfonned through the termination date. The
District shall be relieved of any and all future obligations hereunder, including
but not limited to, lost profits and consequential damages under this Agreement.
The District may withhold all payments to the Recipient for such work until such
time as the District determines the exact amount due to the Recipient.
6.3 In the event a dispute arises, which the Project Managers cannot resolve between
themselves, the Parties shall have the option to submit to non-binding mediation.
The mediator or mediators shall be impartial, shall be selected by the Parties, and
the cost of the mediation shall be borne equally by the Parties. The mediation
process shall be confidential to the extent pennitted by law.
Agreement No. OG050230, Page 5 of 10
ARTICLE 7 - RECORDS RETENTION
7.1 The Recipient shall maintain records and the District shall have inspection and
audit rights as follows:
A. Maintenance of Records. The Recipient shall maintain all financial and non-
financial records and reports directly or indirectly related to the negotiation or
performance of this Agreement, including supporting documentation for any
service rates, expenses, research or reports. Such records shall be maintained
and made available for inspection for a period of five (5) years from completing
performance and receiving final payment under this Agreement.
B. Examination of Records. The District or its designated agent shall have the
right to examine in accordance with generally accepted governmental auditing
standards all records directly or indirectly related to this Agreement. Such
examination may be made only within five (5) years from the date of final
payment under this Agreement and upon reasonable notice, time and place.
C. Extended Availability of Records for Legal Disputes. In the event that the
District should become involved in a legal dispute with a third party arising
from performance under this Agreement, the Recipient shall extend the period
of maintenance for all records relating to the Agreement until the final
disposition of the legal dispute, and all such records shall be made readily
available to the District.
D. Periodic Audits. The District shall perform audits periodically to ensure funding
objectives are being met.
ARTICLE 8 - STANDARDS OF COMPLIANCE
8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all
applicable federal, state, and local laws and regulations relating to the performance
of this Agreement. The District undertakes no duty to ensure such compliance, but
will attempt to advise the Recipient, upon request, as to any such laws of which it
has present knowledge.
8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the
event it is necessary for either party to initiate legal action regarding this
Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state
law and in the Southern District of Florida for any claims, which are justifiable in
federal court.
8.3 The Recipient shall allow public access to all Project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the
Recipient assert any exemptions to the requirements of Chapter 119 and related
Agreement No. DGOS0230, Page 6 of 10
Statutes, the burden of establishing such exemption, by way of injunctive or other
relief as provided by law, shall be upon the Recipient.
8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the
expenditure of any funds under this Agreement to lobby the Legislature, the
judicial branch, or another state agency.
8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations
and pennits from the appropriate private party or federal, state, municipal or local
agency, and other governmental approvals, prior to commencing perfonnance of
this Agreement. A delay in obtaining pennits shall not give rise to a claim by the
Recipient for additional compensation. If the Recipient is unable to obtain all
necessary pennits in a timely manner, either party may elect to tenninate this
Agreement, each party to bear its own costs, notwithstanding other provisions of
this Agreement to the contrary.
8.6 The Recipient hereby assures that no person shall be excluded on the grounds of
race, color, creed, national origin, handicap, age, or sex, from participation in,
denied the benefits of, or is otherwise subjected to discrimination in any activity
under this Agreement. The Recipient shall take all measures necessary to
effectuate these assurances.
ARTICLE 9 - INDEMNIFICATION
9.1 For value received, which is hereby acknowledged, the Recipient shall defend,
indemnify, save, and hold the District, its officers, directors, board members,
agents, assigns, and employees hannless from liabilities, damages, losses, and costs,
including, but not limited to reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentionally wrongful conduct of the Recipient and
other persons employed or utilized by the Recipient in the perfonnance of the
Agreement. The District shall have the right to approve counsel selected by the
Recipient to defend the District in the event the District is named in any legal
action.
The Recipient further acknowledges that it is solely responsible for ensuring its
compliance and the compliance of its subcontractors, suppliers, agents, assigns,
invitees and employees with the tenns of this Agreement. This paragraph shall
survive the expiration or tennination of this Agreement.
ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES
10.1 The Recipient shall be considered an independent contractor and neither party shall
be considered an employee or agent of the other party. Nothing in this Agreement
shall be interpreted to establish any relationship other than that of an independent
Agreement No. DG050230, Page 7 of 10
contractor between the parties and their respective employees, agents,
subcontractors, or assigns during or after the performance of this Agreement. Both
parties are free to enter into contracts with other parties for similar services.
10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and
obligations as set forth in The Agreement without the prior written consent of the
District. Any attempted assignment in violation of this provision shall be null and
void.
10.3 It is the intent and understanding of the Parties that this Agreement is solely for the
benefit of the Recipient and the District. No person or entity other than the
Recipient or the District shall have any rights or privileges under this Agreement
in any capacity whatsoever, either as third-party beneficiary or otherwise.
ARTICLE 11 - GENERAL PROVISIONS
11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall
not be held liable for any failure or delay in the performance of this Agreement that
arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually
severe weather, outbreak of war, restraint of government, riots, civil commotion,
force majeure, act of God, or for any other cause of the same character which is
unavoidable through the exercise of due care and beyond the control of the Parties.
Failure to perform shall be excused during the continuance of such circumstances,
but this Agreement shall otherwise remain in effect.
11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in Articles 1-11
(b) Exhibit "C" Statement of Work
(c) All other exhibits, attachments and documents specifically incorporated herein
by reference
11.3 Failures or waivers to insist on strict performance of any covenant, condition, or
provision of this Agreement by the Parties, their successors and assigns shall not be
deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party
from performing any subsequent obligations strictly in accordance with the terms of
this Agreement. No waiver shall be effective unless in writing and signed by the
Party against whom enforcement is sought. Such waiver shall be limited to
provisions of this Agreement specifically referred to therein and shall not be
deemed a waiver of any other provision. No waiver shall constitute a continuing
waiver unless the writing states otherwise.
11.4 Should any term or provision of this Agreement be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof,
Agreement No. DGOS0230, Page 8 of 10
by force of any statute, law, or ruling of any forum of competent jurisdiction, such
invalidity shall not affect any other term or provision of this Agreement, to the
extent that the Agreement shall remain operable, enforceable and in full force and
effect to the extent permitted by law.
11.5 This Agreement may be amended only with the written approval of the Parties.
11.6 This Agreement states that all publicity/outreach media will be jointly planned by
the Recipient and the District and any and all materials, events, or endorsements
arising out of this award will require prior District approval.
11.7 This Agreement states the entire understanding and Agreement between the Parties
and supersedes any and all written or oral representations, statements, negotiations
or Agreements previously existing between the Parties with respect to the subject
matter of this Agreement. The Recipient recognizes that any representations,
statements or negotiations made by District staff do not suffice to legally bind the
District in a contractual relationship unless they have been reduced to writing and
signed by an authorized District representative. This Agreement shall insure to the
benefit of and shall be binding upon the parties, their respective assigns, and
successors in interest.
Agreement No. DGOS0230, Page 9 of 10
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this Agreement on the date written below.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
By:
Frank Hayden, Procurement Director
Date:
SFWMD Office of Counsel Approved
ByPtv..<ß~te: JbLÓ~
Recipient's Legal Name:
By Authorized Official:
Title:
Date:
~D Procurement Approved:
~:-4....~ Date: L-,5-ólœ5
Agreement No. DG050230, Page 10 of 10
EXHIBIT "C"
ST A TEMENT OF WORK
1.0 Introduction
The City of Delray Beach is a coastal community located at the southern end of Palm
Beach County, Florida. The City, which now encompasses 15 square miles of land, was
originally settled as an agricultural community in 1895. The City incorporated in 1927
and has experienced substantial growth from 1,000 people in 1920 to over 60,000 people
today. Since approximately 90% of the City's land area has been developed the City has
shifted its focus from growth management to renewal and redevelopment of both its
infrastructure and its natural resources.
Raw water for the City is supplied from 30 underground wells located throughout the
City, where it is pumped through transmission lines to the water treatment plant. The
City owns and operates a 26.0 million gallon per day (mgd) lime softening water
treatment facility which provides potable water to both incorporated and unincorporated
areas within its utility service area. As the demand on ground water resources continues
to increase throughout South Florida, the availability of future raw water supply becomes
more questionable. Increased ground water withdrawal allocations to meet future
demands are becoming more and more difficult for municipalities to obtain from the
South Florida Water Management District (SFWMD), unless alternative programs that
offset consumptive use demands are utilized. Implementation of reclaimed water use
programs is one of the most effective methods recognized by SFWMD to offset
consumptive use demands.
The City of Delray Beach is served by the South Central Regional Wastewater Treatment
and Disposal Board (SCRWTDB) which was founded in 1974 through an interlocal
agreement between the Cities of Delray Beach and Boynton Beach to provide regional
treatment and disposal of wastewater. The South Central Regional Wastewater
Treatment Facility (SCRWWTF) presently has a treatment capacity of 24 mgd and
provides secondary treatment with flow equalization and disposal by ocean outfall. The
WWTF also provides tertiary treatment of up to 10 mgd (peak) of flow for reclaimed
water use for irrigation on-site and off-site at designated golf courses and neighborhood
green spaces. The areas currently utilizing reclaimed water for irrigation are exclusively
located within the City of Boynton Beach's service area.
In an effort to identify means to achieve reclaimed water use within the City's service
area, the City of Delray Beach retained the engineering consulting finn of Mathews
Consulting, Inc., to prepare a Reclaimed Water Master Plan. The purpose of the Master
Plan is to serve as a planning document for which a reclaimed water system can be
implemented in the City of Delray Beach, as well as to provide a planning tool for use by
the SCR WTDB for timely planning and expansion of the tertiary treatment facilities.
Exhibit "C" to Agreement DGOS0230, Page 1 of 4
treatment plant, at a treatment cost savings rate of approximately $0.43/1,000 gallons.
There is also a potential to collect revenues associate with the distribution and use of
reclaimed water. The City is currently evaluating establishing a reclaimed water rate
structure.
4.0 Work Breakdown Structure
The "Area 1 Reclaimed Water System" is currently in the design phase. The City has
contracted with Mathews Consulting, Inc. to complete the design, permitting and bidding
phases of the project. Design of the project is expected to be complete in June 2004, with
bidding and award complete in August 2004. The project construction is anticipated to
begin September 2004 and continue through March 2005.
The Work Breakdown Structure for project construction is as follows:
· Phase I - Mobilization and Shop Drawing Submittals: The contractor will
mobilize to the job site and prepare required shop drawing submittals of project
materials and equipment for Engineer's review and approval.
· Phase II - Pipeline Construction: The contractor will construct the proposed
pipeline, valve and meter boxes in accordance with the contract specifications
and engineering design drawings.
· Phase III - Pipeline Testing: The contractor will conduct required pipeline
pressure testing to demonstrate integrity of the pipeline prior to use.
· Phase IV - Site Restoration and Final Cleanup: The contractor will complete all
of the project requirements, including site restoration, landscaping, paving, and
final cleanup.
5.0 Location of Project
The "Area 1" project is located in the SFWMD lower east coast region in Delray Beach,
just west of Interstate 95 between the SCR WWTF located at 1800 Congress Avenue and
W. Atlantic Avenue. The project location and proposed pipeline alignment is shown
graphically on Figures 1 and 2. The proposed Area 1 project is not only consistent with
the goals and objectives of the SFWMD Lower East Coast Regional Water Supply Plan,
but actively supports the plan's "increase water reuse" and "further the development of
alternative water sources" goals.
Exhibit "Cn to Agreement DGOS0230, Page 3 of 4
6.0 Schedule of Deliverables
The construction phase of the project is anticipated to take approximately 6 months,
starting in January 2004 with final completion in July 2005.
Task Deliverable Completion Date
Phase I - Mobilization and
Shop Drawing
Phase 11 - Pipeline Letter of Completion July 31, 2005
Construction
Phase 111- Pipeline
Testing
Phase N - Site Restoration
& Final Cleanup
Exhibit "Cn to Agreement DGOS0230, Page 4 of 4
EXHIBIT "D"
SUMMARY SCHEDULE OF TASKS AND DELIVERABLES
· A summary deliverable schedule associated with this project is set forth below. The schedule is based on a not-to-
exceed thirty six months agreement.
· All deJiverables submitted hereunder are subject to review by the District. Due dates for aU deJiverabtes are based
on the number of months trom the date of agreement execution. The Recipient hereby agrees to provide the
District all deliverables, data and information described in the Statement of Work in both written and electronic
four-digit format.
· Payment shaU be made foUowing receipt and acceptance by the District of project deJiverables in accordance with
the schedule set forth below. Total payment by the District for aU work completed herein shall not exceed the
amount of $150.000.00. All payments are subject to District fiscal year appropriations.
Exhibit "D" to Agreement DGOS0230, Page 1 of 1
Agenda Item No.~
AGENDA REQUEST
Date: 1/12/2005
Req uest to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
When:
1/18/2005
Description of item (who, what, where, how much): Staff reQuests Commission approval for the
Mayor to execute a fundina proaram aareement between the City and the South Florida Water
Manaaement District for an Alternative Water Supply Grant. The Qrant is in the amount of
$150.000 and reQuires a minimum 50% match by the City. This arant fundina is approved for
application to the construction cost of the Phase I Reclaimed Water Transmission System.
Fundina is reimbursable to the City upon completion of the construction project which must occur
within 36 months.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval
Department head signature: ~-~~
I. IZ-- oS
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives:
Account No. & Description:
Account Balance:
(if applicable)
City Manager Review: £E;;;
Approved for agenda: &/NO
Hold Until:
tf/V1
!
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CITY MANAGERß7'1
AGENDA ITEM # C\~ - REGULAR MEETING OF JANUARY 18_ 2005
POLICE AND FIREFIGHTER PENSION PLAN RETIREE SURVEY
TO:
SUBJECT:
DATE:
JANUARY 14,2005
This is before the Commission to consider the request from DROP participants that they be allowed to
purchase the increase from 3% to a 3.5% multiplier for Police and Firefighter Pension Plan retirees, and
proceed with requesting an Internal Revenue Service (IRS) letter ruling.
At the March 11, 2004 meeting, the Commission approved Ordinance No. 18-04 which allowed active
employees that participate in the Police and Firefighter Pension Plan to elect a 3.5% multiplier for all past and
future service.
In May, 2004, a letter was received from a DROP Plan participant requesting consideration of DROP Plan
retirees receiving the 3.5% enhanced multiplier. They were willing to pay for the full actuarial cost of this
benefit.
In June, 2004, GRS prepared an actuarial determination of the cost to all retirees of receiving the enhanced
multiplier for their future benefit payments. The estimates ranged from $71,784.00 to $235,150.00 dependent
upon the current benefit amount, the remaining benefit years to be paid, and the multiplier that was in effect
upon their individual retirement (either 2.5% or 3.0%). It was generally calculated that a retiree would need
ten (10) years of the increased benefit to recover his initial costs. We inquired whether rollover 401 (a)
(DROP Plan Balances) or 457 Plan funds could be used to pay for the cost of a benefit increase. The
opinions of our actuaries and attorneys concluded that, if we can allow a benefit change at all for retirees, only
after-tax funds could be used to purchase the benefit enhancement.
The attorneys recommended that the City request a private letter ruling from the IRS to determine if a retiree
can voluntarily purchase an enhanced benefit after they enter the DROP Plan or after they terminate and
retire. A favorable ruling would be needed in order to approve the purchase of the enhanced benefit. The
cost of the letter ruling could exceed $5,000.00-$10,000.00 and a response from the IRS could take from six
(6) months to one (1) year.
In November, 2004 as directed by the City Commission, the City sent out 104 individual survey
questionnaires to Police and Firefighter Pension Plan retirees regarding their interest in purchasing (at their
cost) a 3.5% multiplier and having this applied to their future pension benefits. There were 44 responses
from the relevant survey group of 94 retirees. There were 18 ''Yes'' and 26 "No" responses. Therefore, we
had a corresponding response rate of 40. 9% ''Yes'' and 59.1 % "No".
Staff recommends denial of implementing a 3.5% multiplier benefit change for the Police and Firefighter
Pension Plan retirees and recommends that the City not proceed with an Internal Revenue Service (IRS) letter
ruling.
S:\City Clerk\agenda memos\Police & Ftrefighter PenSlOn Plan 3.S% Multiplier.OU8.0S
MEMORANDUM
To:
David T. Harden, City Manager
Joseph M. Saffor~ance Director
From:
Date:
January 11,2005
Subject:
PoliceIFire Pension Plan Retiree Survey (3.5% Multiplier)
Baclœround
At their regular meeting of March 11, 2004, the City Commission approved Ordinance
No. 18-04 which allowed active emDlovees that participate in the Police and Firefighter
Pension Plan to elect a 3.5% multiplier for all past and future service. The employee
contribution would either remain at 3.0% of applicable salary or be increased to 6.0% of
applicable salary if they chose the enhanced 3.5% benefit. This benefit adjustment
increased the annual City contribution of $2,919,101 (21.93% of payroll) to $3,428,502
(25.75% of payroll) or an increase of $509,401 or 3.83% of payroll.
In May, 2004, a letter was directed to the City Commission and your office from a DROP
Plan participant requesting consideration of DROP Plan retirees receiving the 3.5%
enhanced multiplier. They were willing to pay for the full actuarial cost of this benefit.
In June, 2004, your office requested an actuarial determination of the cost to retirees of
receiving the enhanced multiplier for their future benefit payments. This estimate was
prepared and submitted by GRS June 30, 2004. The estimates ranged from $71,784 to
$235,150 dependent upon the current benefit amount, the remaining benefit years to be
paid and the multiplier that was in effect upon their individual retirement (either 2.5% or
3.0%). It was generally calculated that a retiree would need 10 years of the increased
benefit to recover his initial costs.
We presented the question as to whether rollover 401(a) (DROP Plan balances) or 457
Plan funds could be used to pay for the cost of a benefit increase. Comments and
opinions were received from our actuaries and our attorneys that concluded that, if we
can allow a benefit change at all, only after-tax funds could be used to purchase this
benefit enhancement and the rollover of funds could not be allowed. The only exception
to this is an active employee who is part of a 401(a) plan, and who is not in the DROP
Plan, may directly transfer funds to the pension plan but there are only a few of these
employees and we are concerned only with retirees at this time.
The attorneys recommended that the City needs to request a private letter ruling from the
IRS to determine if a retiree can voluntarily purchase an enhanced benefit after they enter
the DROP Plan or after they terminate and retire. A favorable ruling would be needed in
order to approve the purchase of the enhanced benefit. The cost of this letter ruling could
exceed $5,000-$10,000 and take from 6 months to one year to receive a response.
This information was taken to the City Commission for further direction.
Retiree Survey
Due to the fact that the City would have to pay for the legal fees (this benefit was
presented as no cost to the City) to receive a letter ruling, the high cost to retirees and the
fact they could only use after-tax funding, the City Commission wanted to know the
number of retirees who would be interested in proceeding with the purchase of the
enhanced 3.5% multiplier.
In November, 2004, as directed by the City Commission, we sent out 104 individual
survey questionnaires to Police and Firefighter Pension Plan retirees regarding their
interest in purchasing (at their cost) a 3.5% multiplier and having this applied to their
future pension benefits. This survey did not include disability retirees since their tax-free
benefit is fixed by ordinance regardless of their years of service.
Of the 104 survey questionnaires to retirees, 2 were returned as undeliverable leaving a
balance of 102. Of the 102, 8 retirees already receive the 3.5% multiplier leaving a
relevant survey balance of 94 retirees.
Of the relevant survey group of 94 retirees, we had 44 responses or a response rate of
46.8% if you don't consider the lack of a response as a negative response (not interested
in purchasing this benefit).
Of the 44 responses, there were 18 "Yes, I would be interested in purchasing this benefit"
responses and 26 "No, I would not be interested in purchasing this benefit" responses.
Therefore, we had a 40.9% "Yes" response rate and a 59.1 % "No" response rate.
If you consider the lack of a return response as a negative response (not interested in
purchasing this benefit), you would have a 100% response rate and a corresponding 19%
"Yes" response rate and an 81% "No" response rate.
This information should be submitted to the City Commission for their final
consideration.
Please contact this office if any further information is required.
Cc: Susan Ruby, City Attorney
Harry Hamilton, Human Resources Director
AGENDA ITEM NUMBER:
~
AGENDA REQUEST
Date:
1/11/05
Request to be placed on:
Consent Agenda
x Regular Agenda
Workshop Agenda
When:
January 18, 2005
Description of agenda item: Request for City Commission review and final decision
regarding the survey results from the Police and Firefighter Pension Plan retirees.
Survey questionnaire was whether the retirees would be interested in purchasing a 3.5% multiplier
that would be applied to their future benefit payments. Based upon the action of the City
Commission, we would determine if we should proceed with an IRS letter ruling at a cost in excess
of $10,000 or $15,000 in legal fees.
ORDINANCE/RESOLUTION REQUIRED:
Draft: of Resolution Attached:
YES
YES
NO
NO
x
x
Recommendation: City Commission should not implement a 3.5% multiplier benefit change for
retirees and should not proceed with requesting an IRS letter ruling based upon the majority
res onse of the retirees from the surve .
Department Head Signature:
Detennination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable): N/A
Budget Director Review
(required on all items involving expenditure of funds):
Funding available:
Yes
x
No
Funding alternatives (if applicable): Legal fees would have to be paid by General Fund
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
~
~
No
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Approved:
Disapproved:
P.o. #
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE
...
rqji!
~
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
1993
DATE:
January 14, 2004
TO: City Commission
David Harden, City Manager
~~
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Aareement with the USTA for Fed CuP
The attached Agreement provides for a Fed Cup Tie match to take place on April
23-24, 2005 at the Tennis Center. The major points of the Agreement are as
follows:
- The City shall pay $75,000.00 on or before February 15, 2005 and another
$75,000.00 on or before April 15, 2005.
- The City shall be required to resurface the stadium tennis court if requested to
do so by the USTA.
- This Agreement is contingent upon the UST A entering into an Agreement with
the Marriott, regarding hotel rooms, prior to or simultaneous with the
execution of this Agreement.
- The City will receive no rental fee, however, the City may sell 7 local
sponsorships. The UST A will be entitled to 250/0 of the proceeds of the sales
of the sponsorships for the 1st $200,000.00, thereafter the City retains 100%
of the proceeds.
- The City must provide 150 VIP parking spaces.
- The terms of this Agreement shall not conflict with the existing agreements
the City has between Ticketmaster and Coke.
Our office requests that this item be placed on the January 18, 2005 City
Commission agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Robert Barcinski, Asst. City Manager
Becky O'Conner, Treasurer
~f
...
HOST FACILITY AGREEMENT
THIS HOST FACILITY AGREEMENT ("Agreement") is made and entered into
effective as of January 10, 2005, by and between the UNITED STATES TENNIS
ASSOCIATION INCORPORATED, 70 West Red Oak Lane, White Plains, New York
10604-3602, a New York not-for-profit corporation, ("USTA") and the CITY OF
DELRAY BEACH, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 ("City").
WITNESSETH:
WHEREAS, the Fed Cup Competition ("Fed Cup") is owned and supervised by the
International Tennis Federation ("ITF") and is staged and conducted pursuant to the Fed
Cup Rules and Regulations ("Fed Cup Rules") promulgated by the ITF; and
WHEREAS, the UST A administers and sponsors the United States Fed Cup Team ("US
Team") which is scheduled to play the Belgium Fed Cup Team ("Belgium Team") in an
upcoming first round Fed Cup Tie on April 23-24, 2005 in the United States ("Fed Cup
Tie"); and
WHEREAS, the USTA has been authorized by the ITF to promote and stage the Fed
Cup Tie in the United States; and
WHEREAS, the UST A has been authorized by the ITF to select and sanction the host
facility for the Fed Cup Tie; and
WHEREAS, the City has applied to the UST A to host the Fed Cup Tie at the Delray
Beach Tennis Center ("Host Facility"); and
WHEREAS, the parties have agreed that the Delray Beach Tennis Center shall be the
official Host Facility for the Fed Cup Tie.
NOW THEREFORE, in consideration of their mutual promises, the UST A and the City
agree as follows:
1. SANCTION. The USTA hereby selects the Host Facility as the host site for the
Fed Cup Tie and awards the sanction to host the Fed Cup Tie to the City, and the City
accepts such sanction and agrees to host the Fed Cup Tie and assist the USTA in the
promotion and staging thereof in accordance with the provisions of this Agreement. It is
understood and agreed that the UST A shall have control over all aspects of the Fed Cup
Tie in accordance with the Fed Cup Rules. At all times during the term of this
Agreement the promotional and management rights for the Fed Cup Tie shall remain with
the UST A. Notwithstanding anything to the contrary contained in this Agreement,
nothing herein contained shall be construed as requiring UST A approval over any of the
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business and/or personnel operations of the City or any actions necessary to be
undertaken by the City to comply with any applicable laws, regulations, fire codes or any
other legal requirements applicable to the operation of the Host Facility.
2. ITF. The UST A and City agree the Fed Cup Tie shall be promoted and staged in
full compliance with the Fed Cup Rules. In this connection, the ITF has the right to
review and approve all signage and all local sponsorships to be sold by the UST A and/or
the City for the Fed Cup Tie as provided in this Agreement.
3. PLAYERS. The players on the US Team will be selected and provided by the
UST A for the Fed Cup Tie. The players on the Belgium Team will be selected and
provided by the Belgium Tennis Federation for the Fed Cup Tie. The parties understand
and agree that neither the UST A nor the ITF guarantees any specific United States or
Belgium players for the Fed Cup Tie.
4. EXCLUSIVITY. It is understood and agreed that no commercial use may be
made of the players, coaches or teams competing in the Fed Cup Tie, the ITF, or any logo
or identification thereof, without the prior written consent of the UST A.
5. COMPETITION. The Fed Cup Tie will consist of the following United States
vs. Belgium tennis matches:
Saturday, April 23, 2005
Sunday, April 24, 2005
Two (2) Women's Singles Matches
Two (2) Women's Singles Matches and
One (1) Women's Doubles Match
The competition will be staged in accordance with the Fed Cup Rules.
6. USTA ROLE AND OBLIGATIONS. The USTA will act as the promoter and
organizer of the Fed Cup Tie. This includes ultimate and full responsibility to the ITF,the
owner/operator of Fed Cup.
(a) Times. The UST A will set the starting times for the matches.
(b) Tennis Court. The City agrees to provide the stadium and stadium court
for the staging of the matches of the Fed Cup Tie. In addition, the City agrees to provide
two (2) separated practice courts for the US Team and the Belgium Team. The USTA
shall be responsible, at is sole expense, for all necessary tennis match equipment for the
Fed Cup Tie for such stadium tennis court, including, without limitation, the umpire's
chair and the linesperson's boxes, etc. If the USTA determines that the stadium tennis
court needs resurfacing for the Fed Cup Tie, then the City agrees to provide professional
resurfacing as approved by the UST A at the City's sole expense.
(c) Tennis Balls. The USTA will select and provide the tennis balls to be
used.
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(d) Officials. etc. The UST A will select, supervise and compensate the
referee, chair umpires, linespersons and ballpersons.
( e) Event Staff. The UST A agrees to provide all ticketing personnel, ticket
takers, ushers, stadium security personnel and medical staff for the Fed Cup Tie.
(f) Program. The USTA will obtain an Official Program ("Program") for the
Fed Cup Tie. Local advertising may be sold by the UST A pursuant to an agreement with
the ITF and in accordance with the Fed Cup Rules.
(g) Final Authoritv. The UST A will have the final authority over all matters
applicable to the staging of the Fed Cup Tie.
(h) Selection of US Team. etc. The UST A will select the US Team captain,
players, practice players, coaches and the UST A support staff.
(i) Compensation of US Team. etc. The USTA will determine and be
responsible for all professional fees and travel expenses paid to the US Team captain,
players, practice players, coaches and the UST A support staff.
G) Television. Radio. Internet. etc. The UST A will be responsible for
negotiating and obtaining all television, radio, Internet and any other media coverage, if
any, of the Fed Cup Tie.
(k) Media Relations and Public Relations. The UST A will be responsible for
handling all media relations and public relations activities related to the Fed Cup Tie.
(1) Long Distance. The USTA will be responsible for the installation of all
long distance telephone lines needed for the Fed Cup Tie for the offices and media spaces
furnished by the City. The USTA shall be entitled to order the same through the City's
account and the UST A agrees to reimburse the City for all costs and expenses incurred.
(m) Meals. The UST A will be responsible for the cost of providing all meal
service for the players and for all officials, UST A media staff and UST A support staff
working on the Fed Cup Tie.
(n) Signage.
(i) Responsibilitv of the UST A. The UST A shall be solely
responsible for all temporary signage placed in the Host Facility for the Fed Cup
Tie in accordance with the Fed Cup Rules. All such signage shall be installed and
removed by the USTA at the USTA's expense.
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(ii) Standards and Plan. All such signage shall be professionally made
and shall comply with the standards of similar sporting events and shall comply
with all applicable laws and regulations. The UST A agrees to provide the City
with a plan for the type and display of all temporary signage, including the agreed
upon signage for any local sponsors obtained by the City for the Fed Cup Tie on
or before April 15, 2005.
(iii) No Signs. It is understood and agreed that there shall be no other
sponsorship signs in the Host Facility other than those approved by the UST A
and/or the ITF. In this connection, the USTA agrees to be responsible for the
covering of existing signs.
(0) Announcer. The USTA agrees to provide and pay for the public address
announcer for the Fed Cup Tie.
7. FEE. In consideration of its selection and sanction as the Host Facility, and the
full performance of the USTA's obligations hereunder, the City, in addition to the in-kind
goods and services to be provided to the USTA hereunder, agrees to pay the USTA a fee
of One Hundred Fifty Thousand Dollars ($150,000), payable as following:
$75,000 on or before February 15,2005; and
$75,000 on or before April 15, 2005.
8. TELEVISION AND RADIO. The UST A represents and warrants that it or the
ITF will seek to arrange for the telecast of the Fed Cup Tie. However, if television
coverage cannot be arranged, it shall not be a breach of this Agreement. It is understood
and agreed that the USTA and/or the ITF will be entitled to all revenues derived from any
television and/or radio broadcasts of the Fed Cup Tie and/or any other exhibition of the
same on the Internet and/or any other media.
9. CITY BENEFITS. The UST A agrees to provide the City the following benefits
as the Host Facility for the Fed Cup Tie:
(a) Promotion as Host Facilitv. The City shall be entitled to promote its
association as Host Facility for the Fed Cup Tie in all media.
(b) Program. One (1) full-page color advertisement in the Program for the
Fed Cup Tie with camera ready copy to be furnished by the City in advance of the
printing deadline specified by the UST A.
(c) Print Advertising. The City's name will be incorporated into all Fed Cup
Tie print advertising and printed promotional materials generated by the UST A to
promote the Fed Cup Tie. This does not include the USTA website or any Internet
advertising or promotion.
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(d) Telecast Amenities. Subject to compliance by the City with the
requirements, standards and practices of the Tennis Channel, the telecaster for the Fed
Cup Tie, the USTA agrees to arrange for the Tennis Channel, to provide up to five (5)
thirty second (:30) advertising spots on each telecast of the Fed Cup Tie for use by the
City or by any local sponsor found by the City as authorized in this Agreement.
10. CITY RESPONSIBILITIES. The City agrees to use its good faith best efforts
to assure that the Fed Cup Tie is promoted and staged in a first-class manner consistent
with the international prestige of the Fed Cup. In connection therewith, the City agrees to
provide the following to the UST A:
(a) Host Facilitv. City agrees to provide the Host Facility for the promotion
and staging of the Fed Cup Tie. The Host Facility shall include the Delray Beach Tennis
Center, Community Center, Tennis Pro Shop, Ticket Office and Restrooms. The City
agrees to provide the USTA with the use of the Host Facility as mutually agreed during
the period commencing on April 16, 2005, at 12:01 AM until Tuesday, April 26, 2005, at
5 :00 PM for the Fed Cup Tie in accordance with an agreed upon schedule. The parties
will mutually agree upon the actual daily schedule of use of the Host Facility during such
period. On or before March 31,2005, the USTA will provide the City with a proposed
schedule for the use of the Host Facility, which will include the proposed times for: set-
up and move-in, practice schedules for the players, times for each daily session and
break-down and move-out. The City agrees to provide approximately 4,000 to 10,000,
first class seats, with the actual number being determined by the UST A, in the Host
Facility for the Fed Cup Tie. At the UST A's request, the City agrees to furnish and
install all seat covers already owned by the City and required by the UST A for the
purpose of covering any unsold seats within the stadium.
(i) Retail Area. The City agrees that its on-site merchandise
operations at the Host Facility will be closed during the times specified by the
USTA on the days of the Fed Cup Tie matches.
(ii) City Tennis Court Operation. The City shall be entitled to operate
its tennis court operation at the Host Facility during the USTA's use period,
except for the days of the matches in the Fed Cup Tie, provided that the City
partitions it tennis court operation area from the actual areas being used by the
UST A in a manner reasonably approved by the UST A.
(b) Hotel. Prior to or simultaneously with the execution of this Agreement,
the UST A has or is entering into a direct contract with the Delray Beach Marriott Hotel
(or its management entity) with respect to hotel rooms for the Fed Cup Tie upon terms
satisfactory to the UST A. This Agreement is conditioned on the execution of that
contract.
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( c) Staffing. The City agrees to provide all tennis court maintenance
personnel, parking personnel, police personnel, fire personnel and equipment, and such
other members of the current staff of the Host Facility as may be mutually agreed. In
addition, the City shall provide an electrician, plumber, painter and a carpenter for one
(1) week to work on mutually agreeable jobs with respect to the facilities for the Fed Cup
Tie upon a mutually agreed schedule.
(d) Utilities. The City agrees to furnish all light, electricity, heat, ventilation,
air conditioning and other utilities deemed reasonably necessary at the Host Facility for
the Fed Cup Tie at its sole expense. The lighting provided on the stadium court shall
equal or exceed the reasonable television production requirements of the telecaster and
shall be at least one hundred and twenty (120) foot candles, average, derived from
readings across the actual playing surface and the surrounding surface area of the stadium
court. Such utilities shall include, without limitation, all electricity for the telecast of the
Fed Cup Tie, if any.
(e) Forklift. The City agrees to provide the UST A with the use of a forklift
for the installation and removal of equipment for the Fed Cup Tie for a mutually
agreeable period.
(t) Blowers. The City agrees to provide a sufficient number of blowers to
assist in the drying of the tennis courts in the event of a weather related delay.
(g) Permits. The City shall be responsible for obtaining all required municipal
licenses and permits for the staging of the Fed Cup Tie at the City's expense.
(h) USTA Section. The City agrees to cooperate and work in conjunction
with the UST A Sectional Association, UST A Florida, in organizing a volunteer group to
assist in the staging of the Fed Cup Tie.
(i) Barter. The City agrees to assist the UST A in its efforts to barter print,
television and radio advertising units from the local/regional newspapers, television
stations and radio stations for the promotion of the Fed Cup Tie.
G) Press Conference. The City agrees to assist the UST A in its efforts to
secure an acceptable venue, at no cost to the USTA, for the purpose of hosting a press
conference to announce the Fed Cup Tie.
(k) Draw. The City agrees to assist the UST A in its efforts to secure an
acceptable venue, at no cost to the USTA, for the purpose of hosting the Draw Ceremony
for the Fed Cup Tie.
(1) Official Dinner. The City agrees to assist the USTA in its efforts to secure
either the Delray Beach Marriott Hotel or the Delray Beach Golf Club as the venue for
the official dinner for the Fed Cup Tie at no cost to the USTA for room/venue rental.
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The UST A shall also have the right to select another location for the official dinner at its
discretion. In any event, the UST A shall be responsible to pay for all food and beverage
costs incurred with respect to such official dinner.
(m) City Data Bases. The City agrees to provide the UST A with access to its
existing mail and email data bases for use by the UST A in promoting and selling tickets
for the Fed Cup Tie, subject to the restrictions placed on such data bases and subject to
the requirements of Florida Law.
11. RENT. There shall be no rent charged to the USTA for the USTA's use of the
Host Facility.
12. PARKING. The City shall be responsible for all costs and expenses relating to
parking for the Fed Cup Tie and shall be entitled to all income received therefrom. The
City shall provide the USTA with a minimum of one hundred and fifty (150)
complimentary VIP parking spaces within the City garage across the street from the
Delray Tennis Center in the closest proximity to the Host Facility as possible on Saturday
and Sunday, April 23-24, 2005.
13. SPONSORSHIPS. The City shall be entitled to sell up to seven (7) local
sponsorships for the Fed Cup Tie as provided in the Fed Cup Rules and which may not
conflict with protected sponsorship categories, international or team sponsors.. The City
shall be responsible for all costs and expenses relating to such local sponsorships. The
UST A agrees to assist the City in such sponsorship sales by attending sales meeting and
providing background information on the Fed Cup Tie as may be reasonably required.
The City shall be entitled to all income received from such sponsorships, except the City
agrees to pay to the UST A, within ten (10) days after receipt by the City, twenty-five
percent (25%) of all net sponsorship income received on the first Two Hundred Thousand
Dollars of sponsorship income, up to a total of Fifty Thousand Dollars ($50,000), from
all sponsorship, except sponsorships furnished by or through Palm Beach County;
thereafter the City shall be entitled to retain all net sponsorship income received (after the
first $200,000). All terms and conditions of such sponsorships shall be subject to the
prior approval of the USTA. "Net sponsorship income" shall be defined as gross
sponsorship income less any reasonable third party sales commissions required at the
market rate for the Del Ray Beach area or 25%, whichever is less.
In accordance with the Fed Cup Rules, the City shall be entitled to offer to local sponsors,
the sponsorship benefits set forth on the Sponsorship Benefits Grid, attached hereto as
Exhibit A and incorporated herein by reference, which includes the following:
(a) Advertising and Promotion. Each local sponsor will have the right to
promote and advertise its association with the Fed Cup Tie, i.e. "Fed Cup by [ITF
Sponsor, if any], United States vs. Belgium, in association with [Local Sponsor]". All
such advertising and promotion must have the prior written approval of the UST A.
7
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(b) Name and Logo. Each local sponsor's name or logo can be included in all
local advertising placed by the UST A to promote the Fed Cup Tie.
( c) Banners. Local sponsors, as set forth on Exhibit A, will have the right to
display sponsor name or banners (3' x 9') within the confines of the court or stadium.
One (1) sponsor may be designated the local presenting sponsor and have a maximum of
four (4) on-court banner positions, two (2) on the baselines and a total of two (2) banners
in locations along the sides of the court. Only sponsor names are permitted on banners
and no tag lines or calls to action are permitted within banner positions.
( d) Display Booth. Local sponsors, as set forth on Exhibit A, may erect a
display booth in the concourse or designated display area of the Host Facility.
(e) Program. Local sponsors, as set forth on Exhibit A, can receive a full
page, four color advertisement(s) in the Program. Each such local sponsor must supply
camera ready artwork in advance of the deadline.
(f) Tickets. Local sponsors will receive an agreed upon number of tickets to
the Fed Cup Tie in a prime location as set forth on Exhibit A.
(g) Hospitalitv. Local sponsors, as set forth on Exhibit A, will receive use of
an area for client entertainment/hospitality. The cost of food and beverage and other
expenses, e.g., decorations, etc., will be paid by such sponsor(s).
(h) Additional Benefits. Local sponsors will receive the additional benefits
set forth on Exhibit A.
14. TICKETS. The USTA shall be responsible for all costs and expenses relating to
the sale of tickets for the Fed Cup Tie and shall be entitled to all income received
therefrom. The UST A agrees to comply with the existing agreement between the City
and TicketMaster with respect to the sale of tickets on-site at the Host Facility.
15. FED CUP MERCHANDISE. The USTA shall be entitled to sell special Fed
Cup Merchandise ("Fed Cup Merchandise") at the Host Facility prior to and during the
Fed Cup Tie. The UST A shall be responsible for all costs and expenses relating to the
sale of Fed Cup Merchandise and shall be entitled to all income received therefrom.
16. FOOD AND BEVERAGE. The USTA shall be entitled to designate a third
party to handle all of the food and beverage sales for the Fed Cup Tie. The USTA shall
be responsible for costs and expenses related to the food and beverage sales for the Fed
Cup Tie and shall be entitled to all income received therefrom. It is understood and
agreed that there is an existing exclusive pouring rights agreement between the City and
Coca Cola and nothing is this Agreement will conflict with the provisions of such
pouring rights agreement.
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17. INSURANCE. The parties agree as follows with respect to the insurance for the
Fed Cup Tie:
(a) USTA Insurance. The USTA shall, within ten (10) days after the
execution of this Agreement, provide to the City evidence of insurance coverage naming
the City as an additional insured with respect to general liability and property damage
liability, issued by an insurance carrier authorized to do business in the State of Florida,
which insurance shall not be subj ect to cancellation or material modification without
thirty (30) days notice to City. Such insurance coverage shall include (i) worker's
compensation for all UST A employees, (ii) employer's liability for all UST A
employees, (iii) commercial general liability providing coverage against liability for
bodily injuries, including death, slander, libel and property damage in the minimum
amount of $5,000,000 per occurrence, and (iv) automobile liability covering all owned,
leased, used, courtesy or hired vehicles in the amount of$1,000,000 per accident, and
shall be primary for all purposes without the right of contribution.
(b) City Insurance. The City shall, within ten (10) days after the execution of
this Agreement, provide to the UST A evidence of insurance coverage for the City and the
Host Facility as reasonably required by USTA, naming the USTA and the ITF as
additional insureds, with respect to general liability and property damage liability, issued
by insurance carriers authorized to do business in the State of Florida, which insurance
shall not be subject to cancellation or material modification without thirty (30) days
notice to the USTA. Such insurance coverage shall include (i) worker's compensation
for all Host Facility employees, (ii) employer's liability for all Host Facility employees,
(iii) commercial general liability providing coverage against liability for bodily injuries,
including death, slander, libel and property damage in the minimum amount of
$5,000,000 per occurrence, and (iv) automobile liability covering all owned, leased,
used, courtesy or hired vehicles in the amount of $1 ,000,000 per accident, and shall be
primary for all purposes without the right of contribution.
18. LIMITATION OF LIABILITY. Except as specifically provided in this
Agreement, in no event shall either party be liable to the other for any special, incidental,
consequential or punitive damages that may be suffered by the other with respect to the
subject matter of this Agreement. Such damages include, but are not limited to,
compensation, reimbursement or damages on account of present or prospective profits,
loss or damage to reputation or goodwill, expenditures, investments or commitments,
whether made in the establishment, development or maintenance of business reputation
or goodwill, or for any other reason whatsoever, including, but not limited to, the claims
of any third party. The parties acknowledge that any limitation of liability will in no way
affect either party's right to seek appropriate relief at law arising from or incident to any
death, personal injury or property damage which is in any way connected to the other's
negligence, willful misconduct or strict liability in tort with respect to the subject matter
of this Agreement.
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19. INDEMNITIES. The parties agree as follows with respect to the indemnities for
the Fed Cup Tie:
(a) Indemnity by the USTA. The USTA agrees to indemnify the City, and its
affiliates, and their agents, directors, officers, servants and employees and representatives
or insurers against all liability (statutory or otherwise), claims, suits, demands, damages,
losses, judgments, costs, fines, penalties, interest and expenses, including without
limitation, reasonable attorneys' fees and disbursements, resulting from any negligent acts,
errors and omissions or willful conduct of the UST A or its principals, officers, agents,
contractors, servants and employees in connection with its performance of any obligation
of the UST A under this Agreement or any material breach by the UST A of any of the terms
of this Agreement.
(b) Indemnity by City. To the extent permitted by Florida law, the City agrees
to indemnify the UST A and the ITF and their respective agents, directors, officers, servants
and employees and representatives or insurers against all liability (statutory or otherwise),
claims, suits, demands, damages, losses, judgments, costs, fines, penalties, interest and
expenses, including without limitation, reasonable attorneys' fees and disbursements,
resulting from any negligent acts, errors and omissions or willful conduct of the City or its
principals, officers, agents, contractors, servants and employees in connection with its
performance of any obligation of the City under this Agreement or any material breach by
the City of any of the terms of this Agreement. Nothing herein contained shall be deemed
a waiver of the City's sovereign immunity.
(c) Notice by Indemnified Party. The indemnified party shall give notice
promptly in writing of any suit or claim to the other party and the indemnified party and its
agents, directors, officers, servants and employees shall cooperate fully with the
indemnifying party and its counsel. The indemnifying party shall, at its own cost and
expense, payor cause to be paid all charges of attorneys and all costs and other expenses
arising therefrom or incurred in connection therewith. Provided however, that the
indemnified party retains the right, at its own expense, to deal with any action hereunder by
employing its own counsel. Neither the indemnified party nor the indemnifying party shall
settle any action without the consent of the other party, such consent shall not be
unreasonably withheld or delayed.
20. WARRANTIES. The parties agree as follows with respect to warranties:
(a) USTA Warranty. The USTA represents and warrants that it is a New York
not-for-profit corporation, duly organized, validly existing and in good standing under the
laws of the State of New York and shall remain so throughout the term of this Agreement,
and the execution and delivery by the UST A of this Agreement, and performance by the
UST A of the transactions contemplated hereby, are within the UST A's corporate powers,
have been duly authorized by all necessary corporate action, and except as specified herein,
do not require any consent or other action by or in respect o:f, or filing with, any third party
or governmental body or agency, and do not contravene, violate or conflict with, or
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constitute a default under, any provision of applicable law or regulation or of the charter or
by-laws of the USTA or of any agreement, judgment, injunction, order, decree or other
instrument binding on the UST A.
(b) City Warranty. The City represents and warrants that it is a municipal
corporation, validly existing and in good standing under the laws of the State of Florida,
and the execution and delivery by the City of this Agreement, and performance by the City
of the transactions contemplated hereby, are within the City's powers, have been duly
authorized by all necessary action, and except as specified herein, do not require any
consent or other action by or in respect o:f, or filing with, any third party or governmental
body or agency, and do not contravene, violate or conflict with, or constitute a default
under, any provision of applicable law or regulation or of the charter or by-laws of the City
or of any agreement, judgment, injunction, order, decree or other instrument binding on the
City.
21. DEFAULT AND TERMINATION. In the event that:
(a) Either party shall make an assignment for benefit of creditors, admit in
writing its inability to pay its debts as they come due, or commence a case for protection
from the claims of creditors under any chapter of the Federal Bankruptcy Code or any state
statute, or
(b) There shall be commenced against either party any proceeding under the
Federal Bankruptcy Code or similar state statute and the same shall not be dismissed within
thirty (30) days after the same be instituted, or
(c) Either party shall fail, within ten (10) business days after notice from the
other party, to provide any insurance required to be provided under this Agreement, or
(d) Either party shall fail to make payment within ten (10) days after written
notice of the failure to make any payment due under this Agreement, or
( e) Either party otherwise fails or refuses to discharge any material obligation
required to be discharged by it, other than as set forth in clauses (a) through (d) of this
Section, within ten (10) days after notice from the non-defaulting party of such failure,
or, if the same be of such a nature that the same cannot be cured within such ten (10) day
period, the defaulting party shall not have commenced to cure the same within five (5)
days after notice and thereafter proceeded continuously and with diligence to cure the
same within a reasonable time under the circumstances,
then the same shall constitute a default hereunder.
In the event of the occurrence of any default, the non-defaulting party may at its election
and for so long as such default continues uncured, declare by written notice to the
defaulting party that an event of default exists hereunder and simultaneously terminate
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this Agreement, without prejudice to the non-defaulting party's rights to damages or any
other remedy or relief, legal or equitable, provided under this Agreement or as a matter of
law, subject to the limitation on liability herein set forth.
22. ASSIGNMENT. Except as may otherwise be expressly provided herein, no
assignment, subcontracting, sublicensing or subconcession of any rights of either party to
this Agreement shall be effected without the prior written approval of the other party,
which may be granted or withheld for any or no reason.
23. FORCE MAJEURE. Neither party hereto shall be obligated to perform any of
its respective obligations hereunder to the extent such performance is prevented by Force
Majeure. However, if the Fed Cup Tie is postponed or delayed for reasons of Force
Majeure, and if the USTA able to reschedule the Fed Cup Tie within three (3) months of
the original dates, then all terms and conditions of the Agreement shall apply to the same
on such rescheduled date. For the purposes of this Agreement, "Force Majeure" shall
mean an Act of God, fire, storm, flood or other casualty event, action or threat of
terrorism, riot, invasion, fire, accident, strike, lock-out, or walk-out, or government
interference, regulation, appropriation or rationing or inability to secure goods and
materials or shipments or any other like event or condition similar to those enumerated
above, beyond the reasonable control of the party obligated to perform hereunder, it
being understood that lack of funds shall not constitute Force Majeure.
24. MISCELLANEOUS. The parties agree as follows with respect to miscellaneous
prOVISIons:
(a) Applicable Law. This Agreement is governed by and enforceable in
accordance with the laws of the State of Florida without giving effect to the principles of
the conflicts of law for that State.
(b) Headings or Captions. The headings or captions used in this Agreement are
for convenience of reference only, and are not deemed or construed in any way as part of
nor shall they in any way affect the context of this Agreement.
(c) Meanings of Words. Whenever the context in which words are used herein
indicates that such is the intent, words in the singular number shall include the plural and
vice versa and words in the masculine gender shall include the feminine and neuter genders
and vice versa. Reference to the UST A or the City shall, whether so specified or not,
include all their respective agents, employees, contractors suppliers and subcontractors as
the case may be. All references to "herein", "hereunder" and words of like import shall
refer, unless the context clearly requires otherwise, to this Agreement, as distinct from the
paragraph or Section within which such term is located.
(d) Approval. Any provision of this Agreement providing for or requiring
consent or approval by the UST A or the City shall mean the written approval from a duly
authorized representative which shall be obtained prior to the taking (or refraining from
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taking) of any action with respect to which such approval or consent is specified herein to
be required. The parties shall designate in writing from time to time the names of their
various representatives who are authorized to provide the various levels of approvals
required by this Agreement. Whenever either party is required to approve or rej ect a
proposal of the other party, such approval or rejection shall be delivered as promptly as
reasonable under the circumstances, except when a specific time is otherwise set forth in
this Agreement.
( e) Entire Agreement. This Agreement contains all of the promises,
agreements, conditions, inducements and understandings between the UST A and the City
concerning the subj ect matter hereof and there are no promises, agreements, conditions,
understandings, inducements, warranties or representations, written, express or implied,
between them other than as expressly set forth herein and therein.
(t) Counterparts. This Agreement may be executed in counterparts, anyone of
which need not contain the signatures of more than one party, but all such counterparts
taken together shall constitute one and the same Agreement. Facsimile signatures shall
have the same effect as original signatures.
(g) Waiver. Modification. etc. No covenant, agreement, term or condition of
this Agreement shall be changed, modified, altered, or tenninated except by a written
instrument of change, modification, alteration, waiver or tennination executed by both the
UST A and the City. No waiver of any default shall affect this Agreement, but each and
every covenant, agreement, term and condition of this Agreement shall continue in full
force and effect with respect to any other then existing or subsequent default hereof. No
waiver of any default shall require or be the basis for any subsequent or future waiver of
any default.
(h) Partial Invaliditv. If any provision of this Agreement or the application
thereof to any person or circumstance shall, to any extent be invalid or unenforceable, the
remainder of this Agreement or the application of such provision to persons or
circumstances other than those as to which it is held invalid or unenforceable shall not be
affected thereby and each provision of this Agreement shall be valid and enforceable to the
fullest extent pennitted by law.
(i) Remedies Cumulative. Each right and remedy of the UST A and the City
provided for in this Agreement shall be cumulative and shall be in addition to every other
right or remedy provided for in this Agreement, or now or hereafter existing at law or in
equity or by statute or otherwise, and the exercise or beginning of the exercise by a party of
anyone or more of the rights or remedies provided for in this Agreement, or now or
hereafter existing at law or in equity or by statute or otherwise, shall not preclude the
simultaneous or later exercise by such party of any or all other rights or remedies provided
for in this Agreement or now or hereafter existing at law or in equity or statute or
otherwise, subject to the Limitation of Liability hereinabove set forth.
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U) Successors and Assigns. The agreements, terms, covenants and
conditions herein shall be binding upon, and inure to the benefit of the UST A and
the City and their respective successors and assigns in the event an assignment is
agreed or permitted as herein above provided.
(k) Independent Contractors. The relationship of the UST A and the City
shall be that of independent contractors and neither shall be employee, agent or
representative of the other and neither party nor any of their agents or employees
shall have the power or authority, to state or imply, directly or indirectly, that they
are empowered or authorized to commit or bind, to incur any expenses on behalf of
the other or to enter into any oral or written agreement in the name of or on behalf
of the other or their respective affiliates.
(1) Notices. Notices shall be effective only if in writing, given to or
served upon the party sought to be notified in the manner set forth in this Section, to
the individuals and at the addresses hereunder set forth unless changed in writing:
For the UST A:
Managing Director, Tournament Operations
United States Tennis Association Incorporated
70 West Red Oak Lane
White Plains, New York 10604-3402
Facsimile: (914) 696-7019
With a copy to:
Chief Legal Officer
United States Tennis Association Incorporated
70 West Red Oak Lane
White Plains, New York 10604-3402
Facsimile: (914) 696-7089
For City:
David T. Harden
City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Facsimile: (561) 243-7199
Notices shall be effective only if personally delivered or mailed, United States mail,
certified mail, return receipt requested; if personally delivered the notice shall be effective
on the day delivered; ifmailed, the notice shall be effective on the second day after
14
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mailing, or the day that delivery is refused. Delivery by an overnight express delivery
service shall be deemed to constitute personal delivery on the date delivered to the office
address set forth above for the recipient thereof Notwithstanding the foregoing, any notice
which, pursuant to this Agreement, requires action or cessation of conduct in less than three
(3) days may be served by facsimile transmission, followed by delivery as otherwise herein
provided, and shall be effective when receipt of the facsimile is confirmed.
(m) Confidentiality. The parties agree that the terms and provisions contained
in this Agreement are confidential and the financial terms and provisions hereof shall not
be disclosed to any third party except (i) to the extent necessary to comply with law or
valid order of a court of competent jurisdiction, in which event the party so complying shall
so notify the other party as promptly as practicable (and, if possible, prior to making any
disclosure) or (ii) as part of a party's normal reporting or review procedure to its Board of
Directors, members, auditors, attorneys, taxing authorities and the ITF, and such persons or
entities, as the case may be, agree to be bound by the provisions of this Section or (iii) in
order to enforce and/or implement a party's rights pursuant to this Agreement or (iv) to
the extent permitted or required by the Florida Public Records Law.
(n) Surviving Provisions. Any provision of this Agreement the performance of
which requires that it be in effect after the expiration of the Term or the earlier termination
of this Agreement, shall survive such expiration and/or termination and shall remain
operative and in full force and effect.
(0 ) Further Assurances. Each party agrees, from time to time, at the request of
the other party and without cost, charge or expense, to execute and deliver such other
documents and take such other actions as may be reasonably requested to more effectively
carry out the terms and provisions of this Agreement.
(p) Construction. Both parties have been represented by counsel in the
negotiation and drafting of this Agreement. This Agreement will not be construed
against either party due to authorship.
(q) Time of the Essence. Time is of the essence for performance of all
obligations under this Agreement by both parties.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective duly authorized officers or representatives.
UNITED STATES TENNIS
ASSOCIATION INCORPORATED
BY:
DATE SIGNED:
Jim Curley
Managing Director, Tournament Operations
CITY OF DELRAY BEACH
BY:
DATE SIGNED:
Jeff Perlman
Mayor
Attest:
City Clerk
Approved:
City Attorney
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SCHEDULE A
[Attached to and being a part of the Host Facility Agreement dated January 10,2005,
between the USTA and the City.]
Being the Sponsorship Benefits Grid attached hereto and incorporated herein by
reference.
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MEMORANDUM
SUBJECT:
MAYOR AND CITI COMMISSIONERS
CITY MANAGER t1I\
AGENDA ITEM # <\G - REGULAR MEETING OF JANUARY 18.2005
APPOINTMENT TO THE EDUCATION BOARD
TO:
FROM:
DATE:
JANUARY 14,2005
The Education Board currendy has a vacancy for a student member with a one year term ending
July 31, 2005.
Members of the Education Board must be a resident of the City, own property, own or operate a
business within the City or have a child attending Delray Beach public schools. It is the intent,
whenever possible, that the membership include persons with a background in business, real
estate and/or education.
The following student has submitted an application and would like to be considered for
appointment:
Adam Sorrin
Based on the rotation system, the appointment will be made by Commissioner Costin (Seat #1).
Recommend appointment of one (1) member to the Education Board for a term ending July 31,
2005.
OElRAY BEACH
.loalOA
*****
AlI-AtϖcaCity
, , II t!
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Please e or rint the followin information:
1. Last Name:
2. Home Address:
91- i-q PCk-rK,irtw Av{.
Name Ado...m M.I.
C
City ßDÙÁ- ~ State Zt Code
fL 4~f
City State Zip Code
City State Zip Code
3. Legal Residence:
Sc..~
4. Principal Business Address:
Ñ}A
5ltl- ~11-535Y
6.
JJjA
E-Mail Address: Cell Phone:
SO((if\a.GS Oc,col~ S{,J-54~-)O;)"5
Fax: 5 (, 1-
l/ýy-~~ql
5. Home Phone:
Business Phone:
If so, where are you registered?
k~,~ t{ ~
7. What Board(s) are you interested in serving? Please list in order of preference:
t":
8. List all City Boards on which you are currendy serving or have previously served: (please include dates)
9.
AikA,c
f~ l.s 4· 0, I ~M )-A ~"'-L
:x:... ~. ,CA t'l\ -
10. List any related professional certifications and licenses which you hold:
t
11. Give your present, or most recent employer, and position:
12. Describe experiences, skills or knowledge which .qualify you to serve on this board: (please attach a brief resume)
if )c, ß. 0-
I
I hereby cer .
. contained in
C1h
JAN 0 4 2005
Note: This application will remain on file in the City Clerk's QQice for a period of 2 years from the date it was
submitted. It will be the applicant's re€Pb1i~~ßt\u:e that a current applicatiön is on file.
S\CITYCLERK\BOARD\APPUCATION
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER t17V1
AGENDA ITEM # q ~- REGULAR MEETING OF JANUARY 18. 2005
APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL
TO:
FROM:
DATE:
JANUARY 14, 2005
Ms. Evelyn Dobson has forwarded her resignation ITom the Neighborhood Advisory Council creating a
vacancy for an unexpired term ending October 31, 2005 for Zone Five.
On September 9,2003, Ordinance 27-03 establishing the Neighborhood Advisory Council for the purpose
of maintaining broad-based community involvement with the residents, creating neighborhood outreach
initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any
potential threats to the stability of the neighborhoods was passed and adopted.
The Neighborhood Advisory Council consists of fifteen (15) members and two (2) student members.
Twelve (12) members are residents with two (2) residents selected ITom each of the six neighborhood
zones, and three (3) at large representatives, who may be selected ITom a community civic organization or
business owner located within a neighborhood zone interested in the enhancement of its surrounding
neighborhoods.
The following individuals ITom Zone Five have submitted applications for consideration:
ZoneS
Applicant
Occupation
Subdivision
Marilyn Alford
L'Tanya Allen
John Bennett
Pearl Markfield Elrod
Bryce Newell
Samuel Resnick
Pamela Williams
Minerva Wilson
Neighborhood Organizer
Clerical Specialist
Retired Attorney
Realtor
Senior Account Executive/Manager
Code AdministratorÆngineer
Administrative Assistant
Housing Manager
N/A
Sunset Park
Ocean Breeze Estate
Town of Delray
N/A
Pines of Delray
Town of Delray
Town of Delray
A check for code violations and/or municipal liens was conducted. None were found, with the exception
of L'Tanya Allen, who has an outstanding balance of $279.15 for three months of service, due to the
Utility Billing Department. V oter registration verification was done and all are registered with the
exception of Marilyn Alford.
Based on the rotation system, the appointment will be made by Commissioner Levinson (Seat #3).
Recommend appointment of one (1) regular member for an unexpired term ending October 31, 2005.
JVlemorandmn
9ECEIVED
JAN 0 3 2005
C~T'{ CLERK
To: City of Defray Beach-Janet Meeks
cc: Lula Butter
From: Evelyn Dobson
Date: 10/18/04
Re: Resignation
V\rrth regret. please accept this memo as my resignation from the" Neighborhood
Advisory Council".
I çonsider it a privilege to have had the opportunity to work with the current
members. Due to my current schedule, I will not be able to commit the required
tirne to continue as a member of the Council.
1
(
P'l-Y': 1f4P!
-
"lilt
1993
2001
CITY OF ~ELRA Y BEACH
BOARD MEMBER APPLICATION
-;' -/v-C/...-
)Je ;Shfx.rho17c1
¿:>~qt1/L--err
Z:Jne 5'
ALFORD Nane MARILYN N.L E.
-
2- Home Adcbesl: 31 NW 14th Ave. Oty DELRAY BEACH State FL ~ Code
33444
3. lcpJ Residence: SAME AS ABOVE City s.1I: Zip Code
of. PzinåpaJ Business Address: City State Zip Code
141 SW 12th Ave. DELRAY BEACH FL 33444
5. Home Phone: Business .Phone: E-Mail Address: CeJ1 Phone: Fax:
278 3096 :21~.- 313 rilynagain@aol.c 279 7606
6. Are you. registered voter? J(lfA whue uc l8:Jætered?
YES P BEACH - DELRAY BEACH
7. What Board(s) 1ft you mœrestcd in 1aYÏDg? PJcuc list ÌD order of pæka~
8.
...-
NUISANCE ABATEMENT BOARD - 2001
9. uaåonaJ qualificaåons: SOME COLLEGE
10. List any related professional ceniiicaåoos and liCCl1SCS which ~ hold:
GRADUATE STUDENT FROM THE LEADERSHIP DELRAY PROGRAM, DELRAY RESIDENTS PROGRAM &
THE PALM BEACH COUNTY RESIDENTS ~
11. Give yolU' present. or most recent employer, and position: REIGHBORHOOD ORGANIZER
HAD DADS OF GREATER DELRAY BEACH
12. Daa:ibe ~ Rills or bowJedp which cpJilJ JOG to ICft'C OD dús boGd: (PIcuc IIIIICb . båcC resume)
I'VE WORKED IN THE REiGHBORHOOD BUILDING CAPACITY FOR THE LAST 5 YEARS.
J hereby ceråly that aD 1M abowc .{t~UMf.CI aft.... -.I J ap:c" ~.WId 1bat my .....¡;.I"II~ of JD~1 facts
¡;;;:¡: ;:;U~T-'" my pan cLUY-W ~:7-I-:J~ 03
S1G~ T 1JA~ I
Note: This application wiU ranain OD 6Je Îi1 the City CJerk'1 Office for. paiod of 2 JCUS from the elate it was
submitted. It wiD be me applicant', œsponsibitity ID easure that. awau appJicaåon ia on Se.
~ RECEIVED ..........-..-
SEP 1 0 2003
CITY CLERK
DB.RAY BEACH
~
.AI ~kaCiIJ
, , III!
1993
2001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
fJf3CJh~l';tt~
(! I ef'1-. 'c CL I
~
Lðne á
~hðd-Parl<
Please type or print e 0 oW1n~ tn ormation:
1. Last Name: A Name /,-'TANYA M.I. J
LLeN
2. Home Address: / () 14 MAlVb (> DRI VIE. C· 8£4<;,14 StatF L ZiË Code
ltyD~LIlAÝ 6- 444-
3. Legal Residence: City State Zip Code
SANtE:.
4. Principal Business Address: City State Zip Code
SA-Me
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
~/-'8g -4314 ms_JYHJaa~ð.~ fl,1-l/(q-/QS7
6. he you a registered voter? y 6. $ If so, where are you regisp~ lÀ ~ 11 (}ne
- 'ELÆA1 /J' ' V~
7. What Board(s) are you interested in serving? Please lisZ order of preference:
JY£/Bo/l/lðd f) , 0 VI Sail y {J,P/fÍb/ £-
8. list all Ci~oards on wlùch you are currently serving or have previously served: (please include dates)
DAlE
9. Educational qualifications: I
/lAVE 1M () 50ME BASIc. C!6t.1-E'r; e êooRSES
10. List any related profes~al certifications and licenses wlùch you hold:
;'\1;:4 .
t t. Give your presen~ or most recent employer, and position:
PBe.SítG1tI'F~ OFPIU I e¿,E/lICA-t.. WJi!(!,IAJ..16T"
J
12. Describe experiences, skills or knowledge which qwùify you to serve on this board: (please attach a brief resume)
I HA""£~ A ~ENU/N'¿;:' 06~/R£ -ró ߣc;CJ/UG" µo£G" t!.IJ/I1 /J1 0 Ai' 17Y
/ AI I' ðL V E 1>
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
X/~<!-. ~ c¡ -:24-- tJE
SIGNATU , DATE
th £11
. £
Note: 1ñis application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will.!>? the,..a.Pp1jcant's responsibility to ens1l'm1ri\~lication is on file.
(V 9- (S {fYl n r:: , S\CITYCLEIOOBOARD\APPUCA1"ION
SEP' ?; 1. 2003
CITY CLERK
~": Bf:A.Ct1
"
1993
. -2081--
/ð-/-tJ~
.. 1?eJ:l'ed~
~
~e !VÞ.e o.r, Qrint the foD~,Wøm)a~Qn:
CITY ~'f:-~~I?'-RAV II:EACH
ISOAftp M,eMa'R,A"~LIC4TI~O,N ¿-
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'1. Last Name:I36/~Err'^-
,2. Home Addrèss: ,-
/37- S ~/l,(,~ .AvÇ
, 3. Legal'Residence:
cS' ÆJMç
-4. Pzinåpar~usiness' Aâè:ùess:
N /A (/Z¿/';-d altsvJ\~ )
5. Home Ph~: B,qsiness Phone: 'E-Mair~s: : CclrPh~
2::¡4-gKbO - <.i.J;l.<.,^-ðÇdd(~~ao{.uj, L 1t¡.-8160
'6. Are you a regist~c;d votéÎ'? -WiØ. vÎbere"âre'yòu:œgister~?','
yes -:P~~7 íf~
,,7. What'Bouô(irac 'jo~Îo~ted in-serving? P1ëase;Iittiì\T~èijder:Õ(~{~èc:
'; ~Name 7T Ol-l-N
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73Y"
Zjp Code,
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, State
'Zip"Codè
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Fax:
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¡Va.;, J..~j,~,( ~vt1~ éð~~ I) gð6.-~ Df- tIh:f1wk..~1- ~ AI" tv.{~ Go- A-~-&'~ ßðc:i- d
'8. üst all CiqfBaudfon'wbiëh.yõu are åuTcntly serving 0% have:pmouaij.acrvcdi (pJeaë,jidúde·da~)
~ñnfS ~c/tA¿s Wk.. ~ (w..:> t)j L1~,~ lPlD ;hn~ ~",",~l-LI ool-o¿,
9. EducaøonaJ quaJiûaåons: ., "-
ß,A-. (WI hrt;'t.. J"Ü)'J~) S~h. btúY~ ~/~; ~ l) ~lVkW"k. U"/~~ /...w-J
. ~/1--;- LL.µ" U;',V¿ýJ;t, 4- L.J ~..Il, '~f~
1~O. List· any related profe$sionár.'è~(;ations and 1icen~s:whith you hold:
- ~ ~~~ z);Jk-d ðL (_~, L.:.. Z?c:::-/
, p -,
ll. Give your!pl'esent, or mô~i'"recesïfemployert and ~iiøn:
:.
UJ. NAvY· S7Jt-/¥ -;J~~#DVð~ ~",,~í~A/AWft1- /.fÞSE- ~~~;.J
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12. Describe cxpcríeaces..akiIIs oì:bovìJedge whiêb quaIily,.JØU:1Ó:ICrVC.OD djjs ~ (P~~ai.Qéli .'båef resume)
"
~ æ~e-ItJ
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J'hereby'cmifý íba~:aJl th~ abOVe Ita~entl'are~~ aDd] tpeë~ua'~;~'IIÌY ~~oflÐam:i~1 &as
contained in this applicadOD maya,use EodeiturC.ÇOD my pp:";o.r.aqy,,~tn~;I mayreccive. '
~. ~_~ - . . ~c-h~ ~¿ <..ro'J
~TURE ' .DATE
Note: This application 1IIÏII.remàiii on file in the Qty ClàXI, ~ ~.ñomibc date it was· .. .
.Iubmiued. It wiD be d1e'.ppJicant·~1 ICSpomibllityoto a1S~l&t"A "" ' '" ·caúoøiü oø'~e.
. '~1JON
OCT ::1 2003
CITY CLERK
JOHN C. W. BENNETI'
137 SEABREEZE AVENUE
DELRAY BEACH, FL 33483-7017
..
COMMUNITY ACTMTIES:
Beach Property Owners' Association (Trustee 1999-present; Vice
President 2001,2002)
Progressive Residents of Delray (PROD)(Director 1999-present; Vice
President 2000; President 2001-02
E.P.O.C.H. (Director since 2002)
Chamber of Commerce (Member, Local Government Issues Committee)
School Advisory Committee, Atlantic Community High School (member
1999-2003; Bylaws Committee Chair 2002-03)
PROFESSIONAL EXPERIENCE:-
1995-present, retired attorney (U.S. Navy Judge Advocate)
1974-1995, naval officer with a variety of assignments involving law and
policy
1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S.
Court of Appeals for the Fifth (now Eleventh) Circuit in St.
Petersburg, FL
EDUCATION:
Formal:
LL.M., Law & Marine Affairs: University of Washington 1981
J.D.: Georgetown University Law Center (Editor, Law Journal), 1973
B.A. Economics (with High Honors): Swarthmore College, 1970
Continuing:
Leadership Delray Beach 2002
PROFESSIONAL
AFFILIATIONS:
District of Columbia Bar (Inactive)
American Bar Association
American Society of International Law
SPECIAL QUALIFICATIONS FOR SPECIFIC BOARDS
NEIGHBORHOOD ADVISORY COUNCIL:
· Active for past several years in the affairs of my neighborhood
association (Beach Property Owners' Association)
· Active for past several years in broader issues of concern to
neighborhoods throughout the City through membership on
Board of Progressive Residents of Delray (PROD)
· Aware of concerns of business community th(ough service on Local
Government Issues Committee of the Greater Delray Beach
Chamber of Commerce
BOARD OF ADJUSTMENT & NUISANCE ABATEMENT BOARD:
· Extensive experience during my Navy career with applying regulations
to specific cases.
· Thorough familiarity with due process requiremènts for imposition of
criminal and civil sanctions: developed while representing criminal
accuseds and administrative respondents, prosecuting on behalf of
the Government, and advising adjudicatory authorities.
· Adjudicated innocence or guilt and determined appropriate penalties
in a number of minor criminal cases.
""¥': ·"'ft1
~
'1111.
. -1993--
2001
". ,...,-
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2. Home A~~: ~ 3 W n125T
3. legal Resid~ce: g 19- j/V? ~
.t. PlincipaJ Business Address:
SA J/V7 L
CITY 0' ~ELRA Y BEACH
BOARD MEMBER APPLICATION
:â?lJeS-
jðvJI1 £'Do
N.L
Z-
. wonnation:
Ciq
State
Zip Code
5. Home Phone:
6101:n1 't71
6.
Business Phone: E-Mail Addres!~ h Cell Phone: Fax:
5~/ 7p-;).730 í3U@)~'~~lf;~ ~'17p~73~ 6t/~7qr¡¡7/
If 10, where are you registered? {~I ¡e I} "
7. U'hat ~d(5) aft you interested in serving? Please list in order of preference:
<i~ l h bo 'r2-I-ft)() D :. d VI 50 rZ - LI h (!I
8. List all Cit}' Boards on which you are cunmdy serving or have previously served: (please include dates)
10. List any fClated professional cenifications and licenses which you hold:
CZ/l-t- TD
t t. Give your present. or most recent employer, and position:
\ i-II /7n1¿Z/2- u h ,¿
12. cribe . ûills tr.~whichguaJiJJ to dús~~Jeascauach~~
k~~?ß\~S P7~¡¿:'£/77~ /~::;U'JM-ot1 - J Y£fthe. 1-'~1.)/.J µ
I '1 ill-~ 'SrJ I¡¡) uJ r ß5J~ ~ I2c z... 1 .íl f S 0 F 1hs:/ /{. 73 Ene, f/~ /õ?
;3
J hen:
Note: 1ms application will remain on file in the _r a period of 2 years from the date it was
submitted. It will be the applicant'IICSpOYstDitý iõ áìšuïe that a cum:nt çplicaåon is on tile.
SEP -1 2 2003 ~. ~nDN
........." ". reV
RESUME FOR PEARL BUNNY MARKFIELD
ELROD
DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER
(14 Yrs)
REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS)
(multimilJion dollar producer)
PRESIDENT: MERRIIT PARK HO~ OWNER'S ASSOCIATION
(4 yrs)
BOARD lvŒlill3ER PROGRESSIVE RESIDENTS OF DELRA Y (2
YEARS)
. ,
ME:MBER S'W/NW REDEVELOPMENT TASK FORCE (FROM
INCEPTION) PRESIDENT BEAUTIFICATION COMMITTEE FOR THE
NW/SW REItEVELOPrvŒNT TASK FORCE)
MEJ\1BER DELRA Y LOOP
a.CO-MANAGED TROLLEYS FOR OPENING DAY EVENT
b.WORKEI) ON CLEAN-UP COMMITTEE DAY BEFORE OPENING
^ OF LOOJi>-PICKlNG UP GARBAGE IN SW/NW SECTIONS
c. WORKED AT DELRA Y FRESH MARKET WEEK PRIOR TO LOOP
OPENING DISTRIBUTING ANNOUNCE:MENTS OF THE FOLLOW
ING WEEKS OPENING CEREMONIES
ME:MBER FUND RAISING COr-AMIITEE FOR THE MILAGRO
CENTER.
ifffi!
1993
2001
CITY OF DEL RAY BEACH
BOARD MEMBER APPLICATION
tit/(}tIof ßß".
;LlN~
- .
Ð~Y.8lACH
._ c. 0: C "0 It 0 A
-.
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4. Principal Business Address:
o a I-./J-<!
City
;11
ML
St~te Zip Code
,r/ .3JQY
Stare Zip Code
Stare Zip COdê
Please é or IÍnt the folio - infonnatÍon:
L Last Name: ÆJ e well
2. Home Address:
;;(gQ AlE ;l.,.;j A Úf
3. Legal Residence:
Nameß
Î C¿
City fJ
v'eJrt4/. ,(5ea.~h
City
5. Home Phone:
(fó{ J 78- 30£'8'
6. Axe. you a registered voter?
Busin~s Phone.:
E-Mail Address:
Cdl Phoné;
Fax;
eJ
br}€wef{.1 ~~flV1a:/µl (¡¡/)<tt¡3-331/
If so, where are you registered?
~Æ
í _ "What Bond($) ue: you Ínte:re:sted ID serving? PleasE' list in order of preference:
1)Vq/j
né CUtte.~~y Sel~g 0
( ~(}r(()fJj ¡<J J'V;~~í Cc~~c/ I S ,7£ ;4a/ í-eVl'e
ve pr~viously served: lea~~ incl~d~ ,~t~)
9. Eduaa.tional qualificarions:
A·A.
Ie¿
10. List an}" relate.d profcssional certifications and license:s "\vhich you hold:
11. Give your presen~ or most receot em.ploYéI~ and position:./ /_
-00. .J t re/'.'·
Æ.ea/tGÎ
12 Descñbe experiences~ skills or knowledge 'U:iùch qualify you to $erve on this board: (please attach a brief resume)
If:. f? al Î"
I htte:by ctttify that 2.Il th.~ 4lb()V~ statements are trUe~ 3nd I agree and understand mat any misSt~témt1lc of mateIÜl faces
co:~ ~y muse forfei;;¿;I~~pppomttn~ i;;i;tlve.
,.Nil. · JAN 0 5 2005 DA-Œ
Note: This application will remain ?n @e in the City S:1e!!:Â gffice for a period of 2 yeus. from the. date it was
submitted. It will b~ th.~ applicant's ~p-;¥i1ß~EJ1~w:e th~t a cuttent application is on file.
S".aTYa.ElU(\80A1tD<~tUc..'~nON
Bryce NeweR
280NE 2M Ave.
Delray ~h~ FL 33444
Home (561) 278-3068
Cell (561) &43-3311
E-mail bnewell l@hotmail.cam
PROFILE
Marketing and saJes executive with. 6 years of high. level outside sales expðIi.ence. with a provên track
record in developing new business &nd dñving revenue in leading e-dge techuologies_ Strong analytica~
qeativc" and oomnumication slalls developed through 8S.1igmncnlS in strategic planning, marketing
communicadons., product launçh~ and training. Excellent leadership abilities demoostraœd by delivering
results 1hrough highly m.oåvaled and ÏIn8gjnatÏve teams.
Profi!:Uìonø/ Exp~,ience
PDN Communications; West Palm Bœc~ fL
Senior Account Executive
4/04-Pre.scnt
Provjde da1a. productS and services to business. throughout FJorida and Georgia.. P1im.ary focus on
international multiple location corporations relying on high use data iransport. In the top running
foe rookiè of the 2114 half of the ye:ar award.
MeLeodUSA; 0aH>r00J.; IT..
SmiQl" Account Exccutivc
3/03-2104
Mid-Market telecommunications sales position Úl gI"é3.ter Chicago land area. My responslbUity is
to acquire new Business only. Services consist of: PRl's. Trs. VPN~s~ Frame Relay and
WIreless. Typical month includes running approximately 15 new appointmentS~ resulting in 4 to
6 orders ranging trom $506 to $3000.
QearOoe Communk.aûons; Wegtmont, n..
Senior AccOlU1.t Man.~er
1l02-12102
Videoconferendng Specialist position. brought on fo establish marlcet share in Chicago_
Company provides end·to-end solutions for v'deo. audio and web conferencing ~rvíccs.
Primary customer focus is Fortúne 1000 aodHigher Education market.
Tandberg, LLC; Chicago~ IL
Rtif!ÍoD8l M~
8101-6/02
Responstòle for selling TANDBERG Vìdeocanferencìng equipment to Educa.tÍoo and Medical
Agencies.. Partnered with consultants and system ínte~ors to provide the customer wi1h a
complete solution. Current tmitory consistS of Illinois, IndianA &nd Wisconsin.
luVIeW; Chioago~ IL
Business Development Manae:cr
10/97-7/01
W oCked with «¡uipment dealelS~ system integrators and teleoommunicaIioD companies to develop
new açcounts. Increased company revenue by 20%~ by creating a. partneßhip progtaID- Developed
worlcing n~lationships with system. integrators. equipment manufacmres and telecommunication
com.panïes.. Consulted with IT and Telecom Directors on Videoconferencing services.
CSC Offiœ Automation; Rolling Meadows~ II..
Maior Account Manager
EDUCATION
199]-1993
1993-1995
2/96-9/91
A.A... Business Managemen~ College ofDupage~ Glen Ellyn,. IL
BS,. Business Administratio~ Loyola Uni'Ve'rSÍty:- Chicago. IL
---- -
------.-- -
CITY OF DELRAY .EACH Jde .rth:.jc".:1
BOARD MEMBER APPLICATION $-;J9-t?1P
Please' e or rint the folloWÏn information:
1. Last Name:
~ 'c.
2. Home Address:
t ~3 -S uJ l?'~ ~fV".o.:r
3. Legal Residence:
..::; ..e.
4. Principal Business Address:
?Q.\M-e..
Home Phone: Business Phone;
IJO"1~
Name
~ v.d
City
1) e.. t
City
-=:;: ~~~
City
State
Fl.
State
State
Zip Code
Fax:
--
7.
8.
i
)
9.
~ ~»t
I hereby certify that all the above statements are trpe~ Ø1ld I _~gœe and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of m'j- appointment I may receive.
~4 lcÅ ~ C; Zott; 4-
DATE -q
Note: is appJ1cation will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ~sure that a current application is on file.
S'CITYCLElOOBOARD\APPLICATtON
Samuel Resnick
2835 SW 13th Street
Dekay Beach~ Fl. 33445
Ph# 561.330.8419
Resume of Samuel Resnick
1. Education
a) Graduated from City College of New York in Aug. 1949 with a Bachelor
of Civil Enginering Degree.
b) Completed various courses in Building Code Administration and code
analysis. Theses courses were given by Building Officials and Code
Administrators~ International. (BOCA) -
2. Licensing
a) Retired professional engineering licenses- Florida~ Connecticu~ New
Yor~ New Jersey~ and Vermont.
b) Retired registered architectural licenses- Florida~ Connecticu~ New Y ork~
Mass.~ Vermont~ Delaware~ Pennsylvania~ and the National Council
Architectural Review Board.
c) Certified as Chief Building Official by State of Connecticut in 1979.
3. Organizations
a) Was member of State of Connecticut Codes and Standards Committee
from 1982 to June 1987.
b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk
State Technical College.
c) Member of the construction panel of The American Arbitration
Association.
d) Member of the Palm Beach County Board of Education oversight
committee on school construction from 1995 to 1996.
4. Experience
a) Oct. 1991 to Mar. 1995- Consultant to the Mayor ofNorwalk:~ Ct.
See attached letter.
b) August 1986 to Oct. 1991- Private practice as Architect-Engineer.
c) March 1978 to August 1986- Director of Code Enforcement and
Chief Building Official.
d) June 1957 to March 1978- Private practice as Architect-Engineer.
e) From 1939 to 1957- (except for two years in U.S. Navy aDd three years
in enginering school) worked for various architectural and enginee~ firms.
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Z?/l!:!.. 6
loLL l[)elCft
S1l. ~C~~
State Zip Code
J)'tJ-
Zip Code
/ó-/5 -ClJ
fJJm,'l)ìj-k=jl'./~
(2~0 6rJ\¡Jlpý-ee)
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1993
2001
Ple~ or ñnt th~ follow - informaóon:
t. IatName: V\J" n ~ð(Y\S
2. Home Address: ~ ~~ tJ \\1
3. Leg31 Residence;
Name fCJrn€l~
City r I - "D... - JA
J)e.fði.J ~~)
City --"
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4, Principal. Business Address:
~Y'~._
City
State
SiìlYt.í.
5_ ~ome Phone: Business Phone: E-Maíl Address; Cd! Phone:
-!jo\ 3..*-']cACS ~l "0:15-- 73~' ~1~lLJ'ct CS,Cð" Æ
6. Me you a registered voter? Ût...S _If so> where are you regïst~r-(";d?
7. What Boatd $) att y~)U in~.re&re.d Ii ~~? Please Ii .' ín or:dcc of preference:
~ .f"\ ~ . tý '1
F3.X~
fyiA-
8. Ii$t all Cit.y Boards on which yo~ e cuncndy saving ()C have pCèv1.ously served: (please: include dates)
~)'l-L
9. Educst:10nalq~6C3ñons:~ -'.\.) ~, (5v¿lOtJ.ðt~ l~' ~~. ('õl! -
10. List any related. prof~5Sional ce.rã.6cations and ]iCa1:ses which you hold:
- ~~'.
II. Give. your present, or mO$~ recent èmploY<¡f and position: .
Ctrv Q.f it ~JY\ -- Þfdft/j . c: 1-
12. De$CÖbc cxpcricnccs.üskiIls O£ knowledge which q~ W;>U to ~e QP. this bQard: (P~ttaçh. a brief/re$~:e)
1/Q)t..:urf'{llDlt ý)e~ ~ ~lSYD afi!l.tl -f1í(~lc0rt;-~ =& dent <. t1jl.. -
,
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\
1 h~by certify that ~ the abo'\"e $f2teme11tS are tru~ and I ~ and Ufidcnuo.d that my misstatement of ~at;ðjal ~
co ín.cd ìo ~ applicarion may C9.U$e focfeituee upon my pan of any ~poip.tment I may receive_
. /- . '" "
i~ OCT 1 3 za03
DATE
Not~: This applicati~n will remaío on file í.n the City Clerk~s Office fo! a pcåod of 2 years from me dat:("; it 'Wa5
sublnitted. It will be the ¡¡pplicanès responsibilicy to eo.suce mat a. cUIrefit,apWiçapon is on file..
R E eEl V 1= U ~nøoAJt1Ml'ftJCAfIOtl
{pI if ¡J /!J
l!Jþ ~
OCT 1"'.3 2003
CITY CLERK
OBJtAV 8EAOI
.~
AIM ubCitr
" II~!
1993
2001
f~dtfð5
ffill5 ;/) J /J¡ g Ê
information:
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION __
2on€ 6
/ðú)l\ ðFhe~
MLL.
Zip Code
2.
3.
4.
.(
K
State
FL 33.
~J~
If so, where are you registered?
6S - As
7. What B:?~~~(s). are you interested in serving? Please list in order of preference:
":J,,-~.^J t1.G.Hßa(¿ \.) At)\!1..>Ðe;
Fax:
-XS.-<Ý!ðl,
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
9.
~£µ'-t CeA-Du.Aï0
t 1. Give your present, or most recent employer2 anQ.J!?sition:
~ ~~V~~
l1oo$~ÑG Pe.06MN ~-A()€f'L,
.12 Describe e!{>erience82 skills r knowledge which qualify you to serve on this board: (please attach a brief resume)
.E:D~~ ')
I hereby certify that all the above statements ace tm<; and I agree and Wlderstand that any misstatement of material facts
. ed in this appliaui n ma cause forfeiture upon my part of any appointment I may receive.
. < ~ . CYrCZfo3
DATE .
Note: This application will remain on file in the City Clerk2s Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to espreeEf'\1E'E)'plication is ~~~noN
-
f~! P-~ (IY)
SEP 21.4 2003·
"ITV r'1 cell'
MINERVA L. WILSON
205 N.W. 8th Avenue
Delray Beac~ Florida 33444
561-276-5941
EDUCATION
American Homeowner Education & Counseling Institute, Washington, D.C. January 2001
Received National Certification for Hòmeowner Educator & Counselor (CHEC) ~'\
Durham Nixon-Clay Business CoUege, A~ Texas June 1988-June 1989
Graduated from Legal Assistant Program in June 1989
Blinn Jr. College, Bryan, Texas, Summer 79 and Fall 87
Completed coursework in Psychology and Real Estate
PROFESSIONAL EXPERÍENCE
. CENTER FOR TECHNOLOGY, ENTERPRISE & DEVELOPMENT, 95-Present
Housin2 Pro2ram Mana2er
· manage day-to-day operations of the Affordable Housing Program
· oversee and manage AmericoIp volunteer
· actively promote the goals and image of the program within the community by making the
public aware ófthe programs and develop participation in the form of clients, sponsors and
partners .
· identify and enroll qualified first-time low-income home buyers throughout the service area
· assist potential homebuyers in resolving credit issues; calculating mortgage capacity;
identifying subsidy sources; selecting a lot, house design and builder; preparing a
construction package; making application for construction and permanent financing; and
acting as the homebuyer's representative throughout the completion of construction
.. work closely with lenders and government agencies to ensure that all loan and subsidy
requirements are satisfied
· continue, evaluate and monitor existing programs for the Housing Department and, with
approval, create and execute new ideas to improve the program
· seek out new opportunities, negotiate and enter into projects, in conjunction with the
Executive Director, beneficial to the Program
· support 1raining through homebuyer education workshops for homebuyers ,~--"
· work closély with lenders and government agencies to ensure that all loan and sub~idy
requirements are satisfied
· responsible for prepæation and submission of Housing Department budget to be included in
Center's annual budget .
· responsible for preparing project budgets for use in evaluating potential projects and for use
in actual construction of approved projects
· responsible for seeking out and applying for grant and sponsorship opportunities
Business Incubator Administrator
· provided direct support to the Executive Director, sta£I: volunteers & clients
· interviewed potential clients for Business Incubator
· responsible for client contracts and agreements, invoices and payment schedules
· resPonsible for client progress reports, monthly reports, and quårterly·rePorts .
. .
_______...._...._.._....____....__ "___.J._ ____......-_______..____. _____. ...-..._____________.......____..._....~~__ ----________~_
---_..~- --- - ~
Minerva WIlson - page 2
· ~ typ~ and proofed letters, memos, contracts and various other documents
· workshop coordinator
· maintained, coordin~ted and expanded the efforts of partner inStitutions involved in the
program in conjunction with the Executive Director
· continu~ evaluated and monitored existing programs
· supervised workshop schedules, arranged for advertising, registration, speakers, materials,
setting schedule and location
Administrative Assistant
· Office Manager/Administrator
· supervised the operations of the Incubator facility including the maintenance of the office and
respon<Img to the business owners' needs
· provided direct support to Executive Director and Incubator Coordinator
· recorded and typed minutes of Regular Board meetings
· answered phone and provided secretarial support to 50 plus clientS
· OFFICE OF 1'$ ATTORNEY GENERAL, 6/89-6/95
Natural Resources Division
Le2a1 Secreta" II
· maintained complete and accurate control of attorney client files
· drafted, typed, and proofed letters, memos, contracts, and various legal documents
· filed pleadings with court clerk .
· prej>ared and assembled exhib~, notebooks, and documents for court
· . coordin:ated travel arrangements for attorneys; prepared reimbursement vouchers
· opened and distributed mail to attorneys
· prepared automated docket sheets
'. utilÎzed case management system by opening and closing cases
· entered timesheets for attorneys, investigators, and law clerks
· monitored post-judgment collections
· assisted legal billing coordinator
· retrieved and entered date on computer .
· occasionally served as back-up receptionist
Antitrust Division
Administrative Technician ß (Case Manat!ement and Le2a1 Billint! Coordinator)
· litigation support for pre-trial discovery
· drafted, typed and proofed letters, memos, contracts and various legal documents
· entered data relating to cases processed, time and cost incurred, and payments received
· made travel arrangements and processed reimbursement vouchers
· legal billing coordinator
· maintained a centralized record keeping system for opening and closing cases
· operated computet: for retrieval and data entry .
· entered timesheets for' attorneys, inyestigators, and law clerks
· served as central records liaison
· maintained law library
· microfilmed documents
· .distributed mail and ordered supplies
· Safety Officer
· served as ~ack-up receptio~
. . ... .. . -
~______________ ____... __ _ __. ..._. _ _.Þ_ __ ......._ _......_ __...._....._ __~ ._-.....,~_ _ .. -'___'__-"6 _______ ._____ --'-__1-_-
..---.
-------- .--
Minerva WIlson - page 3
. TEXAS COSEMOTOLOGY COMMISSION, 5/89-6/89
Data Entry Clerk
· entered ~ from cosmetology license applications
· implemented quality control procedures
· produced an~ generated cosmetology licenses
. . WESTERN TEMPORARY SERVICE, 7/88-5/89
Secretarv
· prepared corresjJondenée, memos, plead11\gC;:, and other legal documents
· implemented quality control procedures
· D1aintai~ed files
· answered multi-line telephone system
. FIRST CITY NATIONAL BANK, Bry~ Texas, 10/84-6/88
A«ounts Specialist ,
· assisted customers With their account balances, deposits, and problems
· prepared financial statements
· maintained articles of incorporation
· microfilmed documents
. GENERAL TELEPHONE COMPANY, Bry~ Texas, 1/76-8/~4
_ Accounts Services Reoresentative
· solicited commercial accounts
· set up new accounts for residence and business customers
· assisted customers with billing inquiries
· assisted in the collection of delinquent accounts
· assisted with the development of the telephone directory
PROFESSIONAL ASSOCIATIONS
Member of Executive Committee Carver Estates Youth Program, Inc.
Member of Advisory Committee Commuiúty Justice Planning Center
Delray Beach Residents Academy
.... . .. .. ,.
___ - __._.__~_ .._____._ ~_ ...._~ .....-..._ ._ _._0- __0... _.'11'___ _.__.-'_ _0_",,-
. __ _A' . _ ._.4~·""__ __.._._....... -
____0.-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # qr - REGULAR MEETING OF JANUARY 18.2005
APPOINTMENT TO THE PLANNING AND ZONING BOARD
DATE: JANUARY 14,2005
Ms. Lesley Deutch has submitted her resignation from the Planning and Zoning Board. Ms.
Deutch was appointed on August 31, 2004 for a two (2) year term expiring August 31, 2006.
In order to qualify for appointment, a person shall be either a resident of, own property, own a
business or be an officer, director or manager of a business located within the City of Delray
Beach.
The following have submitted applications for consideration:
See Exhibit "A" attached
A check for code violations and/or municipal liens was conducted. None were found, with the
exception of Reginald Cox, who has an outstanding balance of $248.17 due to the Utility Billing
Department. Voters' registration verification was completed and all are registered with the
exception of Christel Silver who is a resident alien in the process of obtaining her citizenship.
Based on the rotation system, the appointment will be made by Mayor Perlman (Seat #5).
Recommend appointment of one (1) regular member to the Planning and Zoning Board for an
unexpired term ending August 31, 2006.
PLANNING & ZONING
EXHIBIT" A"
Paula Aridas
David Beale
Attorney
Sara Coen
Attorney
Reginald Cox
Planner
(currently on Site Plan Review & Appearance Board)
Joe Farkas Financing
Bruce Gimmy Retail
Sigurdur Hardester Sales Manager(currently on the Board of Adjustment)
David Hawke Architect
James Houck Property Mgr. (currently on the Board of Construction Appeals)
Karen Kiselewski Planner
Pearl Markfield Elrod Realtor
Eileen Marks
Banking
(currently on Nuisance Abatement Board)
Ralph Morse Vessel Examiner
Bryce Newell Senior Account Executive/Manager (also applying for Neighborhood
Advisory Council)
Edward Ostrowski Retired Engineer
Jerome Sanzone Building Official
Randy Schatz
Attorney
(currently on the Historic Preservation Board)
Christel Silver
Realtor
Thomas Stanley
Attorney
Harvey Starin
Realtor
(currently on Board of Adjustment)
Ronald Sullivan
Sr. Zoning Planner (currently on Board of Adjustment)
ILES
RESEARCH
Real Estate and Economic Insight
December 14,2004
RECEIVED
DEC 1 7 2004
CITY CLERK
Chevelle Nubin
City Clerk
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Ms. Nubin:
It is with great regret that I must submit this resignation from the Planning and Zoning
Board of Delray Beach. I am moving out of the city on January 20th, 2005, and will no
longer qualify as a board member as of that date. I was honored to serve on the Planning
and Zoning Board, and I look forward to watching Delray Beach grow and prosper.
Thank you for the opportunity.
Best Regards,
Mt f)Jt
Lesley Deutch
122 Via D'Este, #504 . Delray Beach, Florida 33445
Phone (561) 252-0175 · Fax (561) 638-0759
DELRAY BEACH
."0.'04
..
*****
1ii~
1993
2001
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
.5,-./ Lf -cJ0
Please e or tint the followÏn information:
1. Last Name:
Name
ML
State Zip Code
"¿. 33¥4:
State Zip Code
State Zip Code
2. Home Address:
City
3.
4. Principal Business Address:
City
R~~eD
5. Home Phone: Business Phone:
E-Mail Address:
Cell Phone:
Fax:
!J6/- ~ 7~-S5~
If so, where are you registered?
7.
~ a ~
List all City Boards on which you are currendy serving or have previously served: (please include dates)
" NoN
9. Educational qualifications:
10. List any related professional certifications and licenses which you hold:
11. Give yow: present, or most recent employer, and position:
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
-S)YJP ~1119-Æð P~NJV/A/G ßð~R/\ MEMBk/? ßOF7ÆJ.j) ~
~
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[ hereby certify that all the above atements are true, and I agree and understand that any misstatement of material facts
:ontained in this application may cause forfeiture upon my part of any appointment I may receive.
--PCV"/~ . tif~~ ~
GNATURE
\lote: This application will remain on file in the City Clerk's ce for a period of2 years from the date it was
subttÜtted. It will be the applicant's responsibility to ensu~tha1 a1ctNU4t application is on file.
'''I ~ T- S\CITYCLER.K\BOARD\APPUCATlON
CITY CLERK
'. ,
1~5 N~W. TentliStteet
~y ~~b, Floñda'3344S
Miiy'í422~'
Mi. Karen -SchCU
~oQjtî\ie' Assistarít
èity'ol:Qeltay:Beach
'lØo·~.W~··t· A~enue
Dekay Béach 'Fioñda 3'3444
o.r Ms ScheU:
I ~on$ly'believe ~'partiçipation in·th~ oo~~ P~ps.my 'prévio~ ~ri~ce can ~ ~se~I'~tÍ é# of '
Ad~rY Boards in The City·ofnetraY'J:1~h.' , -.' " ,'. __ , , ,', '_: ,,' ,_.~' :., ~ " ',; ':. .' __.
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. arclüièqtuÆI hêritage, which inctudÄ 8'eVen'pr~RêVöiûi!oQåJy strû~r¿s 'and·()Jie:..hundr~itëti-pi-6eiYiI·wai
~dings in its four Historic Districts. ' .
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LABO&.RELATI0N:S: _ _ . .
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,E1~¢al,Workers. AFL-CIØ, In ~,agrèerp",Wi!h'fbìfiPS::~@iœI-.,8yst~:~pNorth A¢erj~"~è' UlÛøn
represents one..hutldred-siX X-~y· ~bé ~~~, , ' , - " , , "
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a«ween"1983 and 1995' I partícipai~Hn ~ 6l~,Cè?#tÇãtt,.nego~~atîøns;,ItQw:.n~gþtjäti~n·òf PØsit!9~Jo
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UHYIU A. BEALE, P.R.
(561) 243-3166
p.2
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fJ'ÂfI...(_:J.....].=-~·
12/16/03 TUE J6:09 FAX 561 243 3774
C JTY CLERJ<.
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" .,'93
2001
.CITY 0' ~E~RAY.~EAC:;H
BOARD ""EMBER APPLICATION
(.",
Name' fJ> Au, D
gty
caø~.. ~~
City
s~
S~te
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ZìpCode
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Zip Code:
~. Pdnåpa1 Business Addrcss: CiIy Scaœ Zip Code
:\~ tiE. ~Þ''; .p.-, IrlUt'. ß~c.L- A..- ""3c:.r.fj
5. omc Phone: BuÚDcas Phoac: E-Mail Addrc.s: ÇcJI Phone: '5"C I Pax~ )is I
(1.4) V-('i" ~f.~a-'477 da!a~~r,.cl.. -- oJt3-.;lÞ4fJ 3-3/~'
. 6. Are you . registcced vou:r? . I( lo.-wb~ arc you ~tercd7 -a u c:.c-. ~
. --
7.' 'Whsi Jlo:ud(.) are JO\l ü1taencd iø ~? p1a.ic list in Order ol"pœi:~c; . D OA- , P...- Z- Ph
-S·~~
8.. Ült áU Ocr ~udl on which yo~ ace: CWTcPdy 5CJViné or ha.ve p~s1y 'crv~: (pl~e ioclude cL~) '" I .
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9. Educ.a'C'Íón.l1.qu21iticaõoßs: Có~uJl 65' "fii"J~ ~ ::r D
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II. ivc YoW' preseot, or most recent cmpJO)"CJ'» .and position: ~
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....'ÀIÞe IDdd...... _ my pU1: of any .PPOiø~'_""e. .
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No~ 'Thls application -9iJJ remain 00 6I~ ia the at)' Oa:kl, Offiu for. þc:åod of 2 Jean. from rh~ date it was
IlJbmJtted. It wiI1 be the applicant-' rr:sposWbllity 10 cmurc tb2t . CUU1:Dt appU~bon is on Se.
. ~
RECEIVED
DEC 1 7 Z003
CITY CLERK
.. .
DAVID A. BEALE, P Å.
2aw~
3SS~~~
f1P~ 1
SlJehay ~J ~ 3.1483
TELEPHONE (561) 243-1477
FACSIMILE (561) 243-3166
EMAIL da138@cornell.edu
ADMITI'ED:
FLORIDA AND NEW YORK
CELLPHONE (561) 213-2040
NEW YORK OFFICE:
750 THIRD AVENUE - 29TH FLOOR
NEW YORK. NEWYORI< 10011
TELEPHONE (212) 949-0203
OR (212) 682-2288
FACSIMILE (212) 682-2414
DAVID A. BEALE
-:ì
David A. Beale is a graduate of Cornell University (B.S. 1971) and Fordham Law School a.D.
1974, Law Review 1972-74). He is a member of the New York Bar (1975) and Florida Bar (990).
David Beale is a member of The Florida Bar Association, New York State Bar Association, and
Association of the Bar of City of New York. He belongs to the Entertainment Arts and Sports Law
Section of the Florida Bar, where he is on the Executive Council and Chairman of the Publishing
Committee. He is also active in the Media Law Committee of the Florida Bar, and the Intellectual
Property Law Section of the New York Bar Association.
Mr. Beale has spent his entire career representing the needs of small businesses and their owners,
the sizes of which range from start-ups to companies with $100 million in sales. His practice encompasses
all types of corporate, partnership, employment and commercial agreements, including leases, property
purchases, and financing agreements, as well as all types of litigation that relate thereto. He is able to
work with clients who have sole proprietorships as well as partnerships and corporations, and to guide
them through the intricacies of licenses, fictitious names, incorporation, corporate document
requirements, employment agreements, shareholder, voting and buy-sell agreements, confidentiality and
non-compete agreements, mergers and acquisitions and creditors rights. Mr. Beale can give guidance on
vendor, service and software agreements, as well as negotiate and litigate disputes over same.
On a personal level, Mr. Beale can advise and counsel on all types of matters, including wills,
trusts, health surrogates, powers of attorney, living wills, and probate, real estate, rentals, name changes,
bankruptcies, debtors and creditors rights and homeowner ~nd association rights. When a client's need
arises, he works with the best attorneys in the fields of matrimonial, personal injury and estate planning.
Real estate closings can take place in his suite, with title work done by associated counsel.
Clients of the firm are found in the areas of banking, publishing, distribution, marketing,
licensing, food, drugs, cosmetics, restaurants, real property, direct mail, fulfillment, accounting, non-
profits, party planning, catering, equipment sales and financing, and employee management and training.
......
He 1tas extensive experience in employment law issues, and spends a great amount of time counseling
companies and their human resources professionals with questions concerning discrimination, harassment,
disabilities, EEO, Family Medical Leave and Fair Labor Standards. If such issues cannot be resolved by
counseling and negotiation, Mr. Beale has litigated all types of employment law issues.
Mr. Beale is outside general counsel to a national and international distributor of magazines and
books, employing over 1500 persons nationally. Mr. Beale has also represented national magazine and
book publishers, and film and video producers, and has negotiated and drafted contracts for clients that
cover every conceivable area of need, including copyright, trademark, rights acquisition, licensing,
publishing, distribution, printing, mergers, and assets and stock purchase and sale agreements.
He also has extensive litigation experience in state and federal courts all over the country in all
related areas, which include infringements of all types, libel, slander, invasion of rights of privacy and
publicity, First Amendment issues, unfair competition, as well as enforcement of contract rights in these
areas.
INTELLECfUAL PROPERTY AND MEDIA PRACfICE
David A. Beale is experienced to handle a wide array of issues and problems in this practice area,
including representation of magazine and book publishers, distributors, film and video producers.
The areas of expertise covered by Mr. Beale's practice include the following:
*
Trademark and Copyright Practice - This area encompasses everything from registrations,
development, licensing, infringements and unfair trade practices. Experience includes
litigation of all types, from the Trademark Office to federal court actions for infringement
action, including the prosecution and defense of preliminary injunctions.
. \
I
* Publishing - The firm has extensive experience in negotiating both magazine and book
contracts covering the following areas: publishing rights, printing, distribution, licensing
and fulfillment.
* Media - The Hem can meet all need in this area, including, libel, slander, rights of privacy
and publicity and all other First Amendment issues.
* Television and Film - The firm has experience in development and production deals, as
well as performance and location rights. Experience has included the clearance for
production companies for copyright, trademark and location rights.
Mr. Beale frequently develops new approaches to issues and problems, advising clients and
litigating on a national level, while remaining constantly aware of the client's desire to remain cost
efficient in today's economy.
~
,
EMPLOYMENT LAW PRACfICE
David A. Beale believes the most effective way to handle employment law claims is through a
preventive approach. This means that he will work with each client long before any claims arise. If a
problem surfaces, litigation can be handled in a cost effective and professional manner.
In today's business environment, companies are recognizing that it is essential for an experienced
lawyer to draft and/or review employment policies, procedures and provide training to all supervisory
personnel. After extensive consulting with the client's Director of Human Resources, or other responsible
individuals, in order to determine the problems and issues specific to each client, Mr. Beale will ensure
that the client is prepared co handle the wide array of employment law issues that may arise. These may
include one or more of the following areas of employment law:
*Hiring and evaluating employees
*Supervisory training
*Employment discrimination, and harassment
Tide VII, ADEA, ADA
*Employee personnel files and right to privacy
*Employee evaluation
*Securicy issues
*Job safecy
*Reduction in force; re-engineering
*Compensation & work schedules
*Employee Compensation & fringe benefits
*Employment termination
*Employment contracts & agreements
*Drug testing
*No smoking policies
*Disciplinary programs and procedures
*AlDS
*Family Medical Leave Act
His loss prevention and litigation skills are needed to serve your needs, and work with your
Human Resources on a regular basis (daily, weekly, as required) to create a partnership. No employer
should face today's employment law problems alone. David Beale will always be available to be your
partner in problem solving.
DAVIDA. BEALE, PA.
o Law Offïëes
355 NE 5TH Avenue
Suite 1
DELRAY BEACH, FLORIDA 33483
TELEPHONE (561) 243-1477
FACSIMILE (561) 2ß3166
EMAIL dah38@oomell.eclu
ADMI1TED:
FLORIDA AND NEW YORK
CELL PHONE (561) 213-2040
NEW YORK OFFICE:
750 mmn AVENUE - 29TH FLOOR
NEW YORK, NEW YORK 10017
TELEPHONE (212) 682-2288
FACSIMILE (212) 682-2474
March 11, 2002
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear SirlMadam:
oj
I
Enclosed please find my Board Member Application for P&Z, CRA, and DDA, together with
infonnation about me and my law practice.
I appreciate your consideration of my Application~ and look forward to hearing from you.
Very truly yours,
DAB:dsl
Enclosure
RECEIVED
MAR 1 3 2002
CITY CLERK
*****
1iïi!
1993
2001
.ANy
5-/õ'~¿)(ó
OELRAY BEACH
."0..04
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
Please tint the followin information:
1. Last Name:COéIJ
2. Home Address:
I 'Z-03 N<3" lj~ Ave.
3. Legal Residence:
~
4. Principal Business Address:
State
M.L
0':
Zip Code
"53<JG3
Zip Code
Name c::::::. .A
.-Y/TJLI/-
City
:Þ~I. ~ch
City
State
r-<-
City
State
Zip Code
5. Home Phone:
Business Phone:
E-Mail Address:
Cell Phone:
Fax:
~.);). ""1-6-10 ~ ()
6. Are you a registered voter?
/JO~-
If so, where are you registered?
7. What Board(s) are you interested in serving? Please list in order of preference:
7' /-a 17 /1 ¡"
$'J.€- h:l,/l ¡¿eví~ /1/ld. eA~ee ïJJ· of /Ie;¿ u~
R. List all City Boards on which you are currendy serving or have previously served: (please include dates)
j A)oµe-
9. Educational qualifications:
7JocTO~.- (Ph.d- f'" ~:s '""Z>Qcrve.
A? A- ~ A--r L.A-tAJ._
10. List any related professional certifications and licenses which you hold:
¡::/OTï'~ ~.e.. CA...,cYdA~ ~-ul. '0 _ C~h'é!éJ C.ourr H.e-d.r~,e
R £AI'
:;rn rG ¿¡ è:..e4,.se ."
t 1. Give your present, or most recent employer, and position:
'7Ji~'q- GVrT o?: A-p,-ed.s. C4l~. (J·r.) W~yr ?A'I/}'7 ~eh.-(A-úg. '04)
. ¡Z:-/on' ciA ~ Le..,w CI~JC (Z.ÐO z-
12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
I'jv/r7·cu/.þ-dr7¥? <?X n·e-ric.e...6 /' /n ~ú~ SOu~ /I--~I'<:.4 ~e.l t/.$.
Good -'?'}.e.oÞ·ArD1Z-" ~w/-ed
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I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this application may cause forfeiture upon my part of any appointment I may receive.
~& r;J;;» ~ Z~/ð~ -
J{GNA~ ~
EIVED
Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was.
submitted. It will be the applicant's responsibM-tt{to~~tiUot.at a current application is on file.
fifi (J/,m~ r.\ TV C LE R K S\CITYCLEOKIBOARD\Al'PUCA1tON
Sara Coën
1203 NE 9th Ave. Delray Beac~ FL 33483 (561) 278-8013 saracoen@.hotmail.com
Objectives and Strengths
~ am an attorney with a Master7s in Trade and Banking, and European Law, currently completing an LL.M on Taxation. I
}¡n be sitting for the Florida Bar on July '04. I am a Certified Country Court Mediator fluent in five languages. My
interests include urban zoning and planning, real estate and property law. I have experience in mediation and arbitratio~
commercial law, conflict mitigation, judicial refo~ and immigration. I have also worked with the World Bank and the
United Nations Group. My strengths include:
· Fluent in Englis~ Spanis~ Frenc~ Italian and Portugqese (written and spoken).
· Excellent writing skills, good communicator and careful listener.
· Comfortable working with diverse multicultural perspectives, and presenting alternatives
for conflict resolution.
· Doctoral Degree in Common Law and Civil Code System with professional experience in
the U.S., Europe, Latin America and Brazil.
Education
St. Thomas University, Miami, Florida. Master at Law (LL.M) in Taxation, Candidate (May '05).
St. Thomas University, ~ Flòrida. Juris Doctor Degree.
The American University, Washington DC. -Master at Law (LL.M) in International- Trade and Banking.
Université de Ia Sorbonne. Paris, France. Studies of Master in Commercial Law and-Eur.opean Commu.nity.
Intemational Court of Justice. The,Hague~ -Jò.e-~~erlands. Private International. Law çer(ijìCIÇÌ(ion.
Universidad Iberoamericana. Santo Dom.ing~~- Dominican Republic. Juris Doctor Sú1Ìl!!Ul.; Çum l::4ude.
Université Paris X Nanterre. Nanterre, FråD.èe. Bachelor in Arts in Business Administrátion òfTourism Enterprises.
Legal Experience _ _, _ _
DISTRICf COURT OF APPEAL. West Palm Beac~ Florida (Aug. '04).
Law Cleric for Judge Barry Stone.
nm FLORIDA BAR. Cypress Creek, Florida. (6/01-10/02).
rAW Cleric. Unlicensed Practice of Law Division.
. londucted legal researc~ wrote memoranda and affidavits. Practical litigation experience drafting subpoenas, preparing
pleadings and interrogatories, participated in depositions and interviews.
INTER-AMERICAN DEVELOPMillff BANK. WORLD BANK GROUP. Washington J)C. (6/93 - 5/96).
Legal & Summer Intern at Budget and EV(lluation Office. Project Consultant a(frojectAnaZXsis Department.
Wrote internal publications regarding ex-prist evaluations of judicial and social- refofÌl1 and gen4er issue projects in Latin
America. Worked with judicial reform projects, alternate dispute resolutio~ conflict mitigåtiori. ahd trade barriers.
·ORGANIZATION OF AMERICAN STATES:-Washington DC. (10/92 - 5/93).
Legal Intern. Legal Department. . - . __ r t _ - _ ' '
Performed research in the Library of Çongress and wrote comparative analysis fôr thé harmonization of regional
legislation in intellectual property.,
SETERIE LUIGI BULGHERONI. Lakè Comò, Italy. (7/90 - 12192).
Legal Consultant Silk manufacíunng corporat;on.
Prepared and negotiated licensing agréements; Worked with copyright registration.
Other"Professional Experience .
YUPI INTERNET INC. (CurrentlY:¥1WiMSN). Miami Beac~ Florida. (6/97 - 6/00).
Content Editor and Business Deve!.QJ!ßr. .
Founding team member of comp~}rpµ,iç~ed by The Microsoft Network in 2002. Responsible for content. Drafted and
negotiated strategic alliances. Prep~:pr~on for investors.
CARDS FOR WOMEN. Washil)itP~'þÇ,~4 ne~y Beac~ F:I~rida. (6/95 - 12199).
Founder and Mar/œting.Directof.~"$f!pjJ~#~e~; in .reproifuction 0'.( arm:or~. . '
,laced company on the list of toP' IOO-US Hi~þ~<? Busmess. Client list mcluded Walt DISney, Coca-Cola, Exxon and
iitibank. Participated in White House í>~~on fór Hillary Clinton.
CONSULATE OF TIlE DOMINICAN RÊPUBLIC. Paris, France. (1188 - 5/90).
Assistant to the General Consul.
Handled commercial receipts and visa documentation. Served as liaison and translator for investors and diplomats.
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CITY 0' ~ELRAY _EACH
BOARD ""EMBER APPUCATION
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MAR ~ 2 2004
CITY CLERK
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REGINALD A. COX
407 East Coral Trace Circle
Dekay Beach fL 33445
(561-266-5748)
Objective: To obtain a position in a constnIc6on or related organization focusing on architectural,
construction, busin~ or related management or instruction.
The environment should encourage prof~onal development and
offer career advancement opportunities.
IDGHLIGHTS OF QUALIFICATIONS
· 12 years diversified experience in Architecture, Civil Engineering, Construction Management, and
SurveyingIMapping. (6 years architectural specific.)
· Ability to prioritize, delegate, and motivate.
· Quick learner; thrive in a dynamic, challenging environment.
· Work cooperatively with a wide range of clients.
RELEV Am EXPERIENCE & ACCOMPLISHMENTS
Construction Documentation
· Associate Degree Drafting and Design Technology, Palm Beach Community College, 1990
· Recognize and understand œ-awingslsymbols from architectural and engineering drawings.
· Oversaw, update<L and maintained civil engineering systems drawings for the City of Delray Beach
Environmental Services Department for four years.
· Successfully completed architectural construction documents for educational, office, residential,
commercial, and retrofit projects over the last nine years.
· Analyzed and interpreted legal descriptions to produce digital surveys, maps, and resource planning
boundaries. Conservation and Recreation Lands Program (CARL), Rorida Dept. of Fnv. Protection
· Production Team member for several commercial, office, and educational facilities in Central Horida.
· Performed construction documentation review for compliance with municipal, state, and national
building codes.
· Perform structural building inspections for residential and commercial facilities.
· Perform shop drawing review for multiple educational, mercantile, and business facilities.
AdministratlonlManagement
· Responsible for training and overseeing drafting technicians in the production of working drawings for
multiple commercial projects. Sverdrup CRSS, 1998-2000
· Successfully managed various architectural projects, with budgets over $1,000,000 from preliminary
design through construction documentation. .
· Responsible for reducing construction document phase by 50% on 45,000 SF mercantile proj~ts.
· Monitored and reported cost information to area engineers and architects for cost control data and
collected information for specific discipline. Bechtel, 1992
· Administered subcontract procedures, as applied to lower-tier subcontractors, Bechtel 1993
· Produced spreadsheets as required for submittal, inspections, and hoisting and rigging as pertaining to
subcontracts under the U.S. Department of Energy prime contract. Bechtel 1993 .
· Oversaw and directed FAMU-NOMA administrative functions fortbree years. (1993-1996)
. Developed division of responsibilities and standing committees
. Developed and supervised org~tional budget
· Organized key personnel towards establishing a Rorida chapter of the National Organization of
Minority Arcbitects (NOMA). (May 1999) .
Computer Skills
· Responsible for updating computer hardware and software, working as office liaison for computer
problems. Office of Environmental Services, State of Florida
· Over eight years diversified experience using AutoCad (Release 9-14)
· Completed course in Advanced PC Troubleshooting. (J\me 1996 Essential Seminars)
· Competent user of a variety of software which include MicroStation, Microsoft Woed, Excel, Outlook,
CorelDraw, WordPerfect 7.0, ArcView, Novell GroupWise, AS400, and Auto Architect.
Page two
REGINALD A. COX
WORK HISTORY
.Nov'O 1 - Project Coordinator
Oct '00 - Nov'O 1 Plans Examiner II
Aug ~8- Oct '00 Project Architect
Nov 697_ Aug '98 Project Architect
May 697 -Nov'97 Intem Architect .
Sep 696-Feb '97 Architectural Drafting
Dee 695-May 697 Engineering Technician ill
Aug 693-Dec '95 AutoCad Operator
May '93-Aug '93 Subcontract Technical Rep.
Jan 692-Aug '92 Field Technician
Jon '86-Dec '91 Draftsperson
FanningIHowey Associates, West Palm Beach
aty of Dekay Beach, Dekay, FL
Sverdrup CRSS, ~ando (Jacobs Eng. Group)
Stottler Stagg & Associates, Orlando
Hunton Brady. Pryor Maso Architects, P .A, Orlando
Goodwin-Goodwin and Associates, Tallahassee
State of Rorida-Office of En~~ntaI Services
State of Rorida-Bureau of Survey and Mapping
Bechtel Construction-Aiken, SC (SRS)
Bechtel Construction-Aiken, SC (SRS)
aty of Dekay Beach-Environmental Services Dept.
EDUCATION
Master of Business Administration, - UNIVERSITY OF PHOENIX, 2001
Bachelor of Architecture - FLORIDA A&M UNIVERSITY, 1997
Bachelor of Science, Architectural Studies - FLoRIDA A&M UNIVERSITY, 1995
Associate of Science, Drafting! Design Technology - PALM BEACH COMMUNITY COLLEGE, 1990
Associate of Arts, Education - P AIM BEACH COMMUNITY COlLEGE, 1991
REFERENCES
Dr. Richard Dozier, NOMA, AlA - Professor of Architecture, Rorida A&M University
Roy F. Knight, AlA - Past President Florida Association of the American Institute of Architects
Roland Udenze, AlA - Past President Orlando AlA
Dr. Greg Brock, Environmental Administrator, Division of State Lands FDEP
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CITY OF ~EL-RAY.~EACH
BOARD ~EMBER AI»PLICATION
Name -:::::rée-
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2- Home Addrca: l/ .c'"-
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Zip Code .
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a. Lig aD Ciq- ~ouds on wbicl\ you arc: CUft'CUd}> sc:r:ving or have pn:vjemsJy :'ClVc::¢ (p1c!-sc Úldude. daccs)
9. Educ:uiooaJ qua1i6å..õons:
. ~
10. Use any u:IatCd proEcs'&ion::a1 ceni:fi:::aùons and lic.enses 'Which you hcJd:
.. \
. .'
11. Give jour prc:sc.nt:., or J:DOSC recCOt qnploy~. .aDd posiåoD=
~ ~"A-
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hcn:by cc.nify ~ an d1e above .catt:IDeou ~ ~ cad J ~.uiItJ ao.dc:Em.arJ 1ha-c.-uy ~ oí rn..ÿ.-;....' £:¡cu
CDf1UÌDtd å1 this 2pplìca.åou møy c:a.U$C -lci-£::inzn: 'DpOt1 my p:3n of any -woimmCQ~ r mq ~ .
~ç:/r - ::;:7ý7~~-= ý
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Ncrx: ·This. app1ìa.tion wí11 rc:maín oø fi1C in tb~ CRy Ocrk·s Office ror . paiod of 2 yc::us &om the c:f2œ it U1:I5
submiued. I~ will be me .pp1ican~6 ~ÞiJñY 10 c::DSÞrt: 1D2t: ~ cu:rrc:nt: ~cátîOD .is OQ tile:.
. ~,,~
RECEIVED
MAR . .~·.~·.1 2004
CITY CLERK
.. _ _ ... & ca.&~~
.
16' Nonhwest 37th Avenue
.De1ray Beach, FJorlda 33445
(407) 499-4578
..
. SUMMARY OF OUALmCATlONS
.. Positive wean do" attitude
· Organized and innovative
~. ExceDeDt ÏDterpersonal relations
'. Effective written communication skills
· Adaptable and flexibJe
· Ability to remain calm in ·stressful situations
WO~~ERJ~N:CE
AMTRUST BANK, LOAN OFFICER, .BOCA RATON
CALIFORNIA FEDERAL SAVINGS" LOAN
8Branch Manacer · Pompano Beach
(1987 to present)
· Management responsibilities ÎDclude operating budget and .staff, ensuring
complete customer satisfaction while controlling expenses
· Create cùstomer awareness by developing and implementing marketing
programs and soliciting ouuid~ business
· Branch consist~ntly achieves over 100% of prod.uction goals
· Provide high customer service levels emphasizing problem resolution and
staff development
· Increased deposit base from $12 millio~ to $S 1 million
· Received several "Branch Manager of the Month" awards
12/1/92 to present
4185 to~ 11/92
0\
J
-Assistant Branch Manager · Boca East
.(1986 to 1987)
· Assisted in all operational areas of branch management
.Floater· Broward and PaJm Beach Counties
(1985 to 1986) .
· ~volved in teller and savings functions for branches within Broward and
Palm Beach CoUDty
·FlRST BANKERS · Marpte, FL
. ·.Head Teller
· Controlled daiJy operations
· SuperVised staff of 5
· Conducted staff aDd tra~& meetings
· Provided custom~r selVÎce
· Minimized losses
Ul83 to 4/85
\ .
~
UNIVERSITY OF TOLEDO - Toledo. Ohio
.Bachelor of Business, 1982
11 :TROJSERShCP. C01
11!16:~4 TUE 10;11 FAX $61 24~ 31;4
FA-X NO. : 56127856-?6
I
I
_CITY CLERK
Nov. 18 2ØØ4 03:38PM Pi
DEUtAY BEACH
,~
1993
2001
7i//~~7 01...
, ß¿1zv
CITY OF DELRA Y BEACH'
BOARD MEMBER APPLICATION
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State
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5- \73~ ~(5q
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9. Educada=l'l""Iifi"'tÍOØ<I: ç K ()
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iO. List any :rd~te;d pt:Qfessioo21 ceJ:riG.QTÍons And. Iice.nse3 w~ch you. hold:
11, Give yout pmeut. (Jt moor ~lozcr, wd posiJion'
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Q:i tt¢ ttu..; m.d r ~ and utlderstand tha.t: 3..ny.missta.Œm.e1lt of mar~ faC'tJ)
dcirore ~on my pad of any.appojn~~tI -~lr7 ~ ldt
DAm
ot¢: "J.1¡ú ~pplic~rian remain on file in 1:he City.CleL~"~ Office for tI. peliod of2. Yèa.IS Etl V.JF¿D
submitted. I[ win be t..'I¡ê a.ppliCø.~lt·$ respou~iliili.ty to c.n$üt~ that: 2. .;.u.:a:ent appJiatÌon i& on .ñIt:.
. ~~c...'i'JCt~
RECEIVED'
NOV 1 8.Z004
CITY CLERK
. CITY' CLERK
DElRAYBfACH
~
;, Irr!
1993
2001
CITY ~OF-:-DELRA Y::BEACH:
-BOARз--MEMBER :APPLICAT~)ON
(f-¡I-ð5'
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02
information:
01.
c:-&<-
Namer '
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- Ci!y° - State
D~L.('.A lSf?~ct+ 0- FL
City State
M.I. A
Zip Code _
3.5 \.[ ç-
o~p Code
3.
City
ßoct\- tA-TOfJ
°State Zip Code
rL. 334 \?l
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9. Educational qualifications:
10.0 Listoany :related professionaloœrtificarions-and ncenses wbich yon hold:
12 Describe experiences~ skills O£ knowledge which qualify you to serve on tlñs board: (please attach a brief resume) 0
.::t. ~Il.ING ð (' 'BU5;IA/~S S L~M>c~þt+t~(' tVJb MG"1T, S'~ILlS" fil.øW\.
~ Te1JvtI.:E Wi H- e/l.()"¡' xgM f\t.JD ç;e~t'µr. FúLc- kSrAJ1~ U tJµ fe ~n:- 0 0
I hereby certify that all the above statements are true7 and I.agree and understand that any misstatement of material £acts
.contained in this ~plicati n may cause forfeiture_ upon my part of any appointment I may receive.
0-- , .- -__ --9 "'l-.2-~·O;!-H
DATE
o Sl
01
Note: 11ús application will remain on file in the City Oerk'-s Office for a period of 2 years &.:om the date it was
submitted. It will be the applicanrs responsibility to ensure that a current ap~~~ ~RD\APPLlCATJON
\JY\ ßDA AUG f 4 2003
CITY CLERK
*****
'lii~
1993
2001
.1} ~{' IJ f j~ci:5
..SIÔ-¿J1
I)tI.KA Y 6tACH
.~.....
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
itúonnation:
Name }vi. I. ~
2. \-,ÀNé.-- City State Zip Code
Fe ~
3. City State Zip Code
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4. City State Zip Code
\7u..c.£- \\ ~ ~? ~ '2,(p
5. Home Phone: Business Phone:
(?b\. -z.\~-~c..{l l5bl)í~Q-L{44
6. ke you a registered voter?
~ Q~'-~
7. 'What Board(s) are }'OU intereste in serving? PJease,\list' order of preference:
\.0 4 t 't ~ L.p tJ ' E.. '-It \:..vv Þ t7 ~ ~t'--&-Ñc..'L-
E-Mail Address: Cell Phone: Fax:
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~oL . ","o.Nl -....
If so, where are you registered?
~O~~9
'20 ~~.H,l ,,..1 ~ \ '- 0 Ñl ,.J(~ ~ u t>þ~
8. List all City Boards on which you are currendy senwg or have previously served: (please include dates)
o f-J E:--
9. EduationaJ qualifications:
- ~ \~ Þ(Z-<:.\~l-rtë~-rv~~ I>~\€:.-\l-.J þ.~~l~E.~~~L-
~ \7þ.. \,.) P~Gr...V-~~'7 '?Þ~le.'- C-oM~~tér~\.'O~
10. List an}' related professional certifications and licenses wlùch you hold:
. C- ~ \ ¿:...oÑT\Ñ ~\Ñ e..9Vc..Þ'\\.~~ÞL c..oÚ\thé-7
þ
12 Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
~~ ~~,e..c.-1c\t:i- ~~~Ù 1:>
I hereby certify that aD the above statements are true. and I agree ánd understand that any misstatement of matcria1 facts
contJined in this application may ause forfeiture upon my part of any appoinunent I may receive.
D~\ /A" H~\¿~
SIGNAWRE . \.
MÞ+
DATE
,
lO , 0'-
Note: This application will remain on file in the City Clerk's Office Jor a period oR ~ éJ1\1f1t:œlÒJlte it was
submitted. It will be the applicant's responsibility to ensure that a current appllcauon 15 ~ô1ïk.
MAY 1 011rrAm\APPUCATION
~ITV (':1 FRK
DAVID MATTHEW HAWKE
121 Heather Lane
o Delray Beac~ Florida 33444
(561) 740- 4440
OBJECfIVE:
To advance and broaden my knowledge of complex archit~ aviation,
transit, and public facilities projects; To intensify my contract negotiations,
designlbuild expertist; and design/construction supervisory experience.
EDUCATION:
Masters of Business Administration
Marymount & Georgetown Universiti~ In-Progress
Master Degree in Architecture! Engineering
University of-Maryland
Bachelor of Science Degree in Architectúre
Clemson University
PROFESSIONAL EXPERIENCE:
HAWKE & ASSOCIATES ARCHl'IECTS.. L.L.C.- President, May 1998 to Present-
oJ Design Director and Principal of a full-service architectural firm in South Florida.
Specializing in commercial structures, medical complexes, and public facilities. The office pursues
and has teamed up with large firms on joint-venture projects in aviation and transit as a consultant
throughout the nation.
MASSACBUSETTSPORT AUTHORTIY - Senior Project Manager, February 1997 to April 1998
Logan Modernization Program
Terminal Area Roadways - Developed a preliminary design to complete Construction
Documents in eleven months. The 1.5 mile two level roadway system has + 60 caisson foundations
and complex structural design. The airport traffic and roadways must be maintained during difficult
phased construction. Estimated cost - S125M
People Mover System (AlTC) - Assisted in the development of ~ EIS for a automated
intennodial transit connector awaiting Federal approval and ISTEA funding. Preliminary tranSit
station design, airside!landside alignments and profiles, curbside disruption, passenger convenience,
ánd busing interface. Estimated cost - $30 M Phase I 1$375 M Phase n.
Quality Assurance Manager - Supervised four construction inspectors and construction
supervisors for active Logan tenninal expansion and aviation projects. Airport passenger
movements, air camer, and numerous concession must be maintained during complex construction.
RECEIVED
- MAY ° 2'~1 2002
'" . _, I ".... . r- n ./
DANIEL. MANN. JOHNSON. & MENDENHALL: November 1989 to January 1997
Project Unit Manager and Contract & Procurement Construction Manager: Tren
Urbano Mass Transit Project, San Juan, Puerto Rico - July 1995 to January 1997
Bayamon Alignment Section - Negotiated procurement and optimization, including design,
procurement, .proposal evaluation and construction management, of a large design/build contract for
two transit stations, concession areas, retail spaces and 2.4 km elevated guideway. Contract Award
- $68M
Centro Medico Alignment Sections - Negotiated procurement and optimization, including design,
procurement and proposal evaluation, of a complex design/build contract for three transit statiQns and
a 3.2 km elevated, at-grade, and retained-cut guideway. Contract Award - $72M
Project Design/Construction Manager: Metropolitan Washington Airports Authority,
Capital Development Program, Washington, D.C. - November 1989 - July 1995
New Terminal Bridges to Metro at Washington National Airport - Coordinated design, supervised
and managed Cesar Pelli and WaIker Parking Consultants for the design of the pedestrian bridges
interface with Metro Transit (WMATA). Contract Award - $39M.
MiddlelNorth Parking Structures - Supervised design of two structured parking facilities for
Washington National Airport and coordinated with Metro Transit (WMATA). Managed design and
early construction of retail spaces adjacent to and construction within North Tenninal Mall. Contract
Award - $57M.
Rental Cars Quick Turnaround Facility - Coordinated with Rental Car Representatives and
supervised the selection, negotiåtion, design, and direction of the architectural/engineering firm of
Dewberry & Davis for the design! construction of rental car facilities at Washington National Airport.
Contract Award - $21M
Americans Disabilities Act, Title II, Designllmplementation - Contracting Officers Technical
Representative in selection, negotiation, and direction of Greiner, Inc. for all public facilities, tenants,
retail construction at Washington National and Dulles International Airports. Implementation Costs
.. $157M.
Delta 3-Gate Addition Interim Terminal - Managed and directed Delta Airlines and its architect
.Milton Pate Associates. Full range of airport issues and intedàce with the airlines, concessions, retail
.vendors, construction and operations adjacent to active gates. Contract Award - $38M.
ELLERBE BECKET. INC. Architect - March 1989 to October 1989
Leader of a convention center and hospital design teams (Children's Hospital Center,
Washington Convention Center, WMAT A). Designed and produced constru~on documents on five
Washington office buildings with retail on ground floors. Designed long span convention centers.
SKIDMORE OWNINGS & MERRILL- Architect - January 1988 to March 1989
Significant role in the design of two large-scale public projects (Metro Center~ David Childs,
Washingto~ D.C.; and Sears Franklin Center, Dean Johnson, Chicago~ lllinois) and their interface
with the local urban fabric and WMAT A
THOMPSON. VENTULETT. & STAINBACK & ASSOCIATES - Consultant -1986 -1987
Worked directly with the Project Manager of the Philadelphia Convention Center. Long span
·structural designs incorporating convention space and interface with existing mass transit (SEPTA)
facilities. Developed designs related to Atlanta Convention Facilities and Expansion of an existing
convention center.
POR~. RABON. HATCH. & McWHORTE~ ARCHlTEcrs -Architect - May 1986
Member of design teams (Hilton Intercontinental and Hyatt Hotels). Experienced hotel design
from schematics through construction. Working relationships with three principals, mass transits
stations with MARTA engineers, gift shop, retail shops, and hotel management. Member of design
teams (Hilton Intercontinental and Hyatt Hotels). Experienced convention center design fÌ'om
schematic design through construction. Working relationships with three principals, mass transits
stations with MART A engineers, gift shop, retail shops, and hotel management.
PROFILE:
Massachusetts - License # 9840
District of Columbia - License #5030
Commonwealth of VIrginia - License #10736
State of Maryland - License # 9846- MD
State of Florida - # AR 0016510
NCARB Certification # 42~4281 File # 37,412
American Institute of Architects - January 1983 - Present
Southern, Standard, & BOCA Building Codes - Examiner and Inspector
COMPUTER:
AutoCAD2000, Intergraph ~ G.D.S., WordPerfect~ Primavera
FOREIGN
. STUDIES:
Maryland Graduate School of Architecture
Palazzo, Massimo and Roma, Italy
Cultural Associations - Pension Mimosa, Pantheo~ & Florence, Italy
LANGUAGES:
Fren~ and Italian (Broken)
"
")
.. . . ~
. . "
..~~..
......
ASSOCIATES
.~ay 10,2002
·Ms. Karen Sche~ City Çlerk Manager
City Clerk's Department
'. City ofDelray Beach
100 NW lit Avenue
Dè1ray Beach,. Florida 32444
www.Hawkearchitects.com
Reference: Application for Advisory Board & Committees - Request for Membership
or Alternate Position - City of Dekay Beach - 2002 Board(s)
Dear Ms. Schell:
Thank you for your assistance in the application process of the City ofDelray Beaëh
. Advisory Boards and Committees. I am requesting in writing a potential position on the
: following City ofDeImy Beaches' Advisory Boards and Committees. As requested, the list
of boards are 81T8ß.ged in order of preference. Please note, the following list:
. )
1.
2.
3.
Site Plan Review & Appearance Board
Planning & Zoning Board
Downtown Development Authority
I appreciate your assistance to submit my name. for the board(s) listed ab~ve. Thank
you for your assistance. If you have any questions, please contact me at (561) 740 - 4440.
Thank you in advance.
Respectfully submitted,
Davi~~Le~o ~~ \~~
Hawke & Associates, Architects LLC
Florida Licence # AR 0016510
cc: file, Attachments (Ground Floor Plan)
121 Heather Lane Delray Beachy Florida 33444
RECEIVED
HAY 1 .if200Z
CITY CLERK
P. (561) 740 - 444Õ F. (561 ) 921 - 0444
. .-..*
OB.aAY BEACH
.,.....
.
Prq{l{'ly !JfI í
'-~ ,9-~6
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-- 1993
2001
CITY Of ~E~RA Y ~EACH
BOARD fJlE-MBER APPLICATION
2.
~ame ~ ~yitc s
City~ 1 'T"?.-' J.
\,~~
City -
..E~
Cit¡
Ståte
FL
S~te
FL
State
M.L -
.1:)
Zip Code
3';?4-+
Zip Code
J>3+
Zip Code
. 5. - Home Phone:
- 'M,/ - ßLDb":?>~
Business Phone:
C¡~
Fax:
-r
r
VJ ()-µté/ --. - -
.~
9. £ducaáo~ gualificaåons: b:> \
lL~~l.¿)e. ðÇ ~C (
([)~~~
'2. Describe cxpeticoce$. sJdlls or bowJedge wbi~ qu2.1ify you to-Servc on this boud: -(pleasc att2Ch . brief resume)
- .
~t -all the above statements øc une. and I ~.and un4cmand that any misstatement of sniteri21 factS
s ap' Uca . y cause "forfeiture ~ my part of any appointment I Ø12y.receive.
, ~/.5~ðf'
-. - . /
DATE
- .'
j
- -
, Note: -This tppliation will remain on 6le in the at¡ Qq1¡'µ)ftie! fvt:!1:iod of 2 years from th~ date it was
submitted. It will be the applicmt', responSJ"bilityf$~t a c:urrent application is -on file.
- ~TION
19-/~ (fY) MAR 092004 .
.- . NIl" I i"'\ I C 1:2 \l
DELRAY BEACH
"oe..,..
*****
mil
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Please rint the followin information:
1. Last Name: , /
~\'S~lews¡¿:,
2. Home Address:
3 u 1 ~ ~t!.t~; f\IJ Q Iv".
3. Legal Residence:
'S ð.~t' ~ 0...1.:, tv t..
4. Principal Business Address:
C,'fp3 Ww ~w<Nf¿ .iP3ðO
Name \j
~ver\
City
De \ Y' ^ e fA..<.. ""
City
State
-FL-
State
M. LA- .
Zip Code
:s 3 'I 'IS-
Zip Code
City
~t- ~~.\et""tÅ.I(
. ~ ,"'" '"
\t< ~~bí:te
"f'
FL
Zip Code
333ö~
E-Mail Address: Cell Phone:
I qS'I- ~JS--:' 1031 \t.Sc.JewS~; K~ Q 5"w/...702,....(,4Jgl
51Þ ....y tf ~ ~ '1 ¿¡ 1:> 3 .., ¡) c.. - b . COM
6. Are you a registered voter? Y If so, where are you registered? 0 \ D
es ~ ".""'(~-~
7. What Board(s) are you interested in serving? Please list in order of preference:
Pi ~ ~ '", A--L1" ~ P
5. Home Phone:
Business Phone:
Fax:
éi!J-Y- 3JS'"....Jo'fò
8. List all City Boards on which you are currently serving or have previously served: (please include dates)
...¡.. .
c... ry Co"""" ~ Ss ¡~ n
9. Educational qualifications:
(.
......'. "I..
.'
{
11. Give your present, or most recent employer, and position:
£~
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (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 application may cause forfeiture upon my part of any appointment I may receive.
~ (J t ~oO;J~
IGNATURE
RECEIVE[)
JAN 0 7 2005
({ /'/0'1
DATE
Note: This application will remain on file in the City Çl~rk'~Qffice for a period of2 years from the date it was
submitted. It will be the applicant's r<GPan'1bÚít¥-~~e that a current application is on file.
S\CITYCLERK\BOARD\APPLICA nON
Karen Kiselewski
3674 Lakeview Blvd.
Delray Beach, FL 33445
(561) 495-7403
karenkiselewski@excite.com
PROFESSIONAL BACKGROUND
3/04 -
present
Tasks:
Carter & Burgess, Inc.
Planner
Planning Consultant:
· Review local government comprehensive plan amendments on
behalf of Florida Department of Transportation District IV.
· Provide support to local governments on miscellaneous planning
activities, including development of transportation demand
management strategies.
· Evaluating and presenting demographic conditions based on
Census data and other available information.
1/02 - 3/04 City of Lauderhill
Associate Planner
Tasks: Long-range planning:
· Development of City Comprehensive Plan Housing and
Recreation & Open Space Elements and support material.
· Special projects, including generating staff reports for future land
use amendments, and redevelopment area and corridor studies.
· Evaluating and presenting demographic conditions based on
Census data, property appraiser data, and real estate tools.
Current planning:
· Zoning code functions, including generating detailed staff reports,
reviewing and approving occupational licenses and building
permits, conducting zoning inspections, and answering inquiries
on land development regulations and processes.
· Performed a historical study of land development activities for
input to zoning and future land use map amendments.
Recommended 32 map modifications to promote consistency.
6/99 - 5/01 Siemens Information and Communication Networks
Manager - Systems Engineering (Systems Analysis)
Tasks: Managed team leaders designing telecommunication equipment,
including setting priorities to meet schedules and financial targets,
and coordinating/overseeing tasks to fulfill implementation goals.
Represented Siemens in meetings with customers and suppliers to
better understand and meet needs. Performed systems engineering
work (see next position) as necessary.
5/89 - 5/99 Siemens Stromberg-Carlson
Distinguished Member of Technical Staff - Systems Engineering
Tasks: Coordinated feature development for telecommunication equipment
based on technical industry standards and customer input.
Generated high-level concept documents and provided direction to
others performing implementation. Required decision-making based
on proposed benefits and costs, facilitating team work, providing
feedback to industry standards, and presenting material (as a liaison
between technical and non-technical) to marketing and customers.
6/86 - 4/89 A T& T Bell Laboratories
Member of Technical Staff - Planning and Development
Tasks: Performed capacity analysis, software design, and implementation of
features for telecommunication equipment.
8/82 - 6/86 Ohio State University
Instructor and Teaching Assistant - Mathematics Department
EDUCATION
12/01 Master of Urban and Regional Planning
Florida Atlantic University
6/86 Master of Science - Computer Science
3/85 Master of Science - Mathematics
Ohio State University
6/82 Bachelor of Science - Mathematics
California Institute of Technology
HONORS, AWARDS, MEMBERSHIPS
· City of Delray Beach City Commission - 4/96 to 3/97
· City of Delray Beach Planning and Zoning Board - 9/92 to 4/96
· Member American Planning Association - 10/97 to present
· American Institute of Certified Planners - 2005 (pending)
· Caltech Alumni Admissions Representative - 9/92 to present
DURAY BEACH
.,.....
-' ·;¡~~/kr
?..;j..tJ5
..***
All-America c;
'tilt
1993
2001
CITY OJ= ~ELRA Y BEACH
BOARD MEMBER APPLICATION
. <¿L!2-0 b
M.L
ðô ClA- (2A-ìC> /
State
Zip Code
7.
.. } 8
.
9. EduaDo%W qualific2Dons: H I G-fI S?c. h Ó ð
sition:
Note: This application ~ remain on file in the Çi~I~or a period of 2 years from the date it was
submitted. It will be the applicant', respohàJl1ily ìtl6išure that . current application is on file.
8'CftYQ.DX~TION
., .&91 ...""" .............. & 4.~
RESUME FOR PEARL BUNNY MARKFIELD
ELROD
DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER
(14 Yrs) .
REALTOR: COLDWELL BANKER REAL ESTAlE (22 YRS)
(multimillion dollar producer)
PRESIDENT: MERRITT PARK HOME OWNER~S ASSOCIATION
(4 yrs)
BOARD ~Jv1BER PROGRESSIVE RESIDENTS OF DELRA Y (2
YEARS)
:}
MEMBER S",W/NW REDEVELOPJMENT TASK FORCE (FROM
INCEPTION) PRESIDENT BEAUTIFICATION COMMITfEE FOR TIIE
NW/SW REI)EVELOPMENT TASK FORCE) .
MEMBER DELRA Y LOOP
a..CO-MANAGED TROLLEYS FOR OPENING DAY EVENT
b.WORKED ON CLEAN-UP COMMITfEE DAY BEFORE OPENING
() OF LOOP-PICKING UP GARBAGE IN SWfNW SECTIONS
c. WORKED AT DELRA Y FRESH MARKET WEEK PRIOR TO LOOP
OPENING DISTRIBUTING ANNOUNCEMENTS OF TIIE FOLLOW
ING WEEKS OPENING CEREMONIES
Ï\Œ.1vIBER FUND RAISING COMJMITfEE FOR TIlE MILAGRO
CENTER
}
qy vv,,"/ vv",
p~Ut~ ': B~s:t1
.****
AØ-Amertcac;
'tilt
1993
2001
, ,CITY OF DELRA Y BEACH
.. '" . ... . - ~
Ø'OÄØ'D '~M'ÉM'BER APPLICATION
,.·.//-7-01
C:5o//3b( k~
infOm12uon:
¿A-/!/¿
~ame F/LÇ¿rd
Ci
ÕE
City
M.L
4. Piiricipal B~ess Address:
City
State
Zip Code
E-Màil Address:
Cell Phone:
Fax:
-
: )
'10. list any rel2ted"þrølessi<?naJ certifiêations ánd Iicet1ses which you hold:
~
11. . GNe your present, 9r mòst recènt
C.
"12. . c:á"bc eXþériéricès. sJä11s or ~ò~é~ dúch q~ you to ,tfrvc on this board: (pleaS~ áìtach . brief resume)
.ti~~ ·~:.tþ2t !J.!..~e,<..bQvc ~!érJ1~~ ~e.W~ an~·l~'.~~ ~~etS,t2nd'tliat my JDÌsstttcment of materia] facts
~düS%;dY áúsì: fmfeîturéÜþÒÍ1 mýþart ofâiiy appoinunent ~ 7i~
SIGN."TURE DATE < I
NQk:~~:::~o:m1er::1;':~;s~~~~s2:e~M@.~o=:~~te it was
_~ NBt>¡rYi 1~'~\D4 NOV -7 1001 ~A'-
~ITY CLERK
:J'1 FAX NO. : 2784664
07/0;104 WED 08:3% FAX 561 2.£3 37i4 CITY cLERK
Jul. Ø8 2ØØ4 08: 03Rr'1 P2
Wi 002
-'I
1993
2001
CITY OF DELRA Y B~CH
BOARD MEMBER APPLICATION
1~ 7-1JÚ
t4>~~e-1 G~Îp.·d
Please tVP~ 0% þrint the fo]" infoana.cion:
1. Latit N~ ¡tJ 0 r'Z 5 6. .Name /ê.. A1- ,/~ ~-
2- HOIr..e .A.ddtt&s: .~~ {Vt;:- c· . Sbt;~ Zip Code
"/- { <TV :Jû#Ir'L~ Ity ~ð"'fZt1!-r ;! eØk (f-. r-z- )s"'tyr
3. I.e.gaL Residence:: _ City StAte Zip Code
~ A~ t::
4. P%Úlcipal BoslnC$$ Add.\~$: City State Zip Co<k
./lG 1t /Z C"l"") !
i
I
5.· HOUle. Phone: Business Phone~ E-Mail Addœss: Cd! Phon¢; Pax: I
.. <;6(- )...""') J--( \"ì(; ¡(q ~ðfS"f<!ft /l<rt .Cu'" Çól-Cff-J- 1"'2-/6 .")...:~ b - Y...f(" ¿- ~ I
--- I
I
6. Ar~ you ~ regisrtted vot~? 'i é< If $O~ -wba:e ace you reg!sféCed? D c"~7 ~ &-7/-R.J~ 1
I
7. What Board(s) ue you.iot".el:'e6bt.d in lierving? Please list: in order o.f¡xcfeœt.1ce: i
'2-ð~/vG-- æC7ll-C-T ß-µY þ
I
I
~ & List 211 CilY Bottï-c» on -which you &cc c;uu~tly :.i~rvi.~g or b".ve þr'et"ioUily ~ (pl~e i.udud4! chæs)
Î
-)
9. EducatioT:Þl qug)j£cs.tioos: .
c-c.~ - //t-¿. P?+7I/~fr-IC- c..G'-rzS<r-f
10. list any rd~tcd p:rofeJisÌoI12l certifiC3.tjow and lie-roses which you hold:
c..v n.. -" A:- c.t!!T2---rt' '::,15 va ¡;;-L- S t<J.Pl...::::>---p, c.µ(?C{¿. 1S'f-+J.J.c.{¿,~
¡:;.; /L ~<7" Cp4-S T 6-v4~' ¿/ í A- .17¡G ¿:.-1- ßtt&7lc..H- /7ol./Bt- Sq~"riy~1->
11. Give YOU!: pr~ënt;," o.r mo~t .recwt employa7 w.d position: .
£or4-P? ~~ø:/2-,.:L,P~- ,-rr1:.,::- ~4~"'}.../",.&" rT"r""-- 19~")..-
~/ k ¡:,-- h/l6:A.. ~rÞ"<r- /r7=L "" (
11. Dciaibë ~alC~. ,la'll. OJ: koowledge which qua1ify yot) (0 ç~ on thï, ~ (Pl~s¢ amch :o¡ brief resume)
C (J an. t:~ -r t:- T ¿ CI-? A- ..9 O,&> P?¿:l. ""7ó"., - I'rpd'i:" ~ p iJ~-.:. IZ..+ - ¡?,4 ~ ~ ~
~ ,4 j:; t?- /d W c-"""7Z.... S ~ V.47 ~¿/:::: ¡:J f.i -r 1>r /l ~..,- c;.>A- ~ ¡¡L.A.~7 ¡o L 1Jy 1-1<> ¡.4 ¡;: - '1 Y E;Qt'Zj I
. ,
I h.r4cby ccni£y th~t ~ the a.bove: Sbtkmð1'ts ue tIuc. and I ~~ and 'Ubdas~d that 3I:1Y mist.-u..te¡uent Qf' 'fl)Q.t:er;Q}. f"dB
contained in this appIk-ation may c-a1.1SC fo.tfcit1.lÍè upon m.y piU't of any 2.ppoiai:I1ë;ut I lIISty %ece.1ve. ° .
~~ 7/7/oy
SIGNAl1JRE DATE
I.
i
Note: 11ús ~p1ica.tion ~11 :cemain on .6.1£ in the Cir:y am· s Office f01: a period of 2 y~ from the dax:e it was
. ~ubtnitted.. I~ will þe me a.pl'lia.n.c":s re3ponS1òility 1:0 ~nsurc twn: a CUIXCßt app1iOûion is on file.
~1"1.:CAnOþl
RECEIVED
JUl -0 7 2004
CITY CLERK
AII-~CÎ'J
- l"n-J!
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
!l tlWo!- ,fØ"
;z?M5-'
O~Y-8tAa-t
._ "':. c. 0:. ......"
...**'*"*
S 4. N1 C2..
. P£incipal Business Addr~s:
~ 0. I-,/J ~
;/11
Name ß¡- ML
Cê-
City fJ St2te Zip Code
e!/í &a~¡¡ r/ .33 f( Y
City Sure Zip Code:
City S mte. Zip Cod~
bse or rint the foUo - ìnfonnå.ri.on:
Last Name: ÆJ e w e.11
HOIIl~ Address:
;J,.8u AlE ;)..,Jj A úe.
1.égal RéSidenc(;:
Home Phone:
Businc;s.s Phone::
.es
E-Mail Addréss~ Cdl Phoné;
bl7€lU e/IJ. ~ hoflV1a:/µ,l &1¡)g-t¡J-331/
If 50, '\~here are you registered?
Fax.;
!( J /8- 30(8'
Axe you a registered voter?
~It
What Board(s) are you intexe:sted in servicg? Please list in order of preference:
/Ów:¡.I" / AJe.¡ (~dí(fJlJj /J J'VJ~%¡- Cci.c/1c/ I oJ:k ~/I í-eElI'e-
ave pr~viously saved: lea~~ .in0-~d~ .~t~)
EduC2.tion.21 quali6caci.ons: ff
A .1.\. c~ (l'j
), Lise any rmte.d profc5sÌOruJ. certifications and licens{:s which you hold:
L. Give your presen~ or mOSt recent etnploye£,. and position:./ /. t _
. ~a. .J re/'/
Á?e.a/t(ií
~ De.scnbe experiences~ slãIls or knowledge u>iùch. qualify YOIl to secve on this board: (please attach a. brief resume)
/ê.~Q/(l
tltteby c~ that 2.11 th~ "búve sbtements are true" 'and I agree and und~tand that tiny mísst~témél1( of material fates
:~ -:;;;¡yc=se forfci~;¿~I~~~yappomùn~ i;Ä;tl~-
r;NA 2005 DATÉ
JAN 0 5
'ote: This applicatioo will remain ?fi file in rh~ City ~l~.s.. Qffic~ for a pttiod of 2 years. from the date it was
submirced Ie will b~ d1.e: a.pplicant's ..ep-¡;¥i1ß.~iJ1~w:e dut a cw:rent application is on file.
. S~'IJ()AltIM1tUC:\1JOtl
)
.i
BryœNewell
2&0 NE 2M Ave.
DeIrav Beacb~ FL 33444
Home. (561) 218-3068
Cell (561) &43-3311
E-mail bneweUl@hotmail.com
PROFILE
Madœting and sales executive wîth. 6 years of high level outside sales expeñ¢Ð.c~. with a prov~n track
reoocd in developing new business &nd dñving reycn.ue in leading edge techuologi~ Strong analytica~
ac:añvc~ and oommunication skIlls developed through assigøIllCßts in strategic pJannÎnf n~eáng
communicañQ~ product launçh~ and training. Excellent leadership abiliòes de:monstraIGd by delivering
TCSUlts through highly IDOÓV81ed and ïmagjnative tcams.
Prof~ionlJl Expvimce
~N Cðmmunic::atiou; West Palm Beac~ fL
Seoïor Acœunt Executive
4/()4-Prescnt
Provjde dUa produC;tS and services co busine$S d:Ir:ougJtout: Florida. and Gc:oqØa- PtimaJ)' focus. on
intemationa1 multiple location corporations relying 00. high use data b"ansport. In the top running
foe rookíë of the 21Ñ half of the year award.
McLeodUSA; 0aH>r00.k;. XL
Senior Account Executive
3/03-2104
Mid-Madœt teleoommunicaúons sales position in greater Chicago land area. My responsibility is
to acquire new Business only. Services consist of PRI·s. TI's. VP~~ Frame Relay and
Wifeless. Typical monrh includes ruonÏt1g approximately 15 new appointmentS~ resulting in 4 to
6 orders nuJgÏng fTom S506 to 13000_
ClearOD~ Communicaûons; W~ont,. II..
Senior Accolmt Man~er
7/02-12102
Videocooferencing Specialist position. brought on fO esr:mlish madcet share ïn. Chicago_
CQmpfUlY provides end-to-end solutions for v¡deo~ audio and web con.fe:rencing S(;MOCS.
Primary customer focus is Fortúnc 1000 and"Highec·Education market.
Tandberg, LLC; Chicago. n..
~frlonal Manae~
8/01-6/02
Responsible foe selling TANDBERG Vìdroconferencing equipment to Educatioo and Medical
Agencies.. Partnere.d with consultants and system integrators to provide the customer with a
·complete solution. Curren( tenitory consists of lI1inois. Tndian~ &nd Wisconsin.
I_VieW; Chicag:o~ IL
Business Development Maoae:«
1 Of91-7/0 1
Woded with ~ent dealers. system ÎDtegJ1Jto[s and teleromm.unicañon companies to develop
new accounts. In~ company revenue by 20% by creating a partnerihip prognlDL Developed
worlàng r-eJatiomhips with systœl. inlegrårors. equipment manufactU.tes and telecommunicañon
companies.. Consulted l.vith IT 3Dd T d~om Directors on Videoconfurencing services.
CSC Office Automation; Rolling Meadows" n..
Maior Account Manager
I:.ÐUCATION
1991-1993
1993-1995
2196-9191
A..A., Business Management.. College ofDupag~ Glen Ellyn.. II..
BS~ Business Administratío~ Loyola University;- akago~ n...
~u I..,. U.,. UC;..::I..::I~
D~C; 1:.01
:>bJ. ~-/tj-tjU~~
p.3
la)oot
02/10/~4 TUE 18:43 FAX 561 243 3774
CITY CLERK
I!
.' 1993
2001
_ Please 1Ytie or DDnt the" foDowinR iDloønaüoO;
1. J..ast Name:;
O<>T~o vJS~\
2.. Home Addrc:s¡: "
. col\ Sf: 7 'ST
3. Lcg2l Residence:
_CITY O~ ~ELRAY BEACH
BOARD rJlEMBER APPLICATION
~1/4/ð(P
. ~~f(,£;-/heel
~ame-~VJPr~
G'rJ
DtL-~'( ßc.t{
Cïv
Staœ
.ç-L
State
N. I. f\
~ Code
-33~~3
Zip Code
4. Principal Business Address:
City
Smtc
Zip Code
, "
S. " HOJnt Pbon~: Business Phone: &MAil Address: Cc:U Phone:
Z;--(, \ - \... Î (., - '" cq L- B tb£)o @ "fÇW>. ~~€ í
6. Arc you a n:gistc:n:d vota? , ./ :r5 If so. .hCR arc you Œgistc:rcd? n
t Ö _" r A-Lt\\.
7.· WÌ12i Board(l) ~ you imcrcsWf ÏD semng? PJaR list in Order of pf'e'fettocc
Fax:
"2 7 b - (.. oC¡ 1..-
f.,cH G.
f L-A/tJ}J,¡v~/?~ AJ \tJ6-
8. List åll Ct)" Boards on ",bicl1 you are ~CDdy _erring or NV~ ~Iy acned: (p~eiødude datd)
. - .
. .
to u \ C;~Ñtf-€ (\6A-ŒµtJÙ' ßoA-R..i>
9. EducaåoD31 cpWi6è:aôOQS:
- C,pL.L..\:.(;-t + PÐC)'~
1~. list any rcbted professiotW. cenificarions- and licenses which you bold:
" 6<:'F~-
1"1 _ Give your pICICllI,. or most recent c:mpJoyc:t".. and position:
,
Re-TL R.8
~ J>acnòc apeiiënc:cs, t.Ub OJ: bovIle.dgc èidJ. qwWfy you 10 ÍocIft on chis boaïd: W1eue ør:ac:b . båcf ~lNDIc)
.
l\-rt-~¿ ¡..J'
I hereby ccnifr ~ .u. the ~ ø:aœmc:øa att DUt; aad J agm:.and uodcmaød that 80y aWfUl ~ .V'r(t of m1ü:ri:a1 &cu
_'~~1I >OIImypartorUIJ~I_1'<a:Ìv1:.
" 2-/'4/ 0 L(:
SIGNATUIlE . DATE I (
. .... .
Noæ: TIùs ápp1ication \ViJJ remain on ûJe in the Oty Oak·S Office for II pa:ìod of 2 years from the d2f~ it W2.S
~ubmittcd. It will be the .pptic:ant~, ttSpOnsibi1ity to cosurc r:ba~ a CUJ:R:Dt application 1, on file..
. k2r'T~Y1DIC
) .
eb 11 U1- U~::.:J:.:Jp
H1~ I::.d
561 276-6092
p.2
Brief Resume
for
Ed· Ostrowski
I am now retired since 1993, after spending almost five years in
Hong Kong, where I was President, Chief Operating Officer and
Executive Director of a large British company (13,000 employees)
having operations in Asia, the Pacific Basin, Europe, Canada,
. Mexico and the U.S. During that period I served on numerous
other U.S. and Foreign Corporate boards.
. .
Prior to that I spent 31 years with mM in numerous management
positions at many different locations, most notably EDgineering
Management of the first mM Personal Computer here in DeIray..
)
I am presently Financial Director fôr the SeniorNet Board at
Beth.esda Hospital, Boynton Beach, Vice-President of my Condo
Association board, and am finishing my last term on the Delray
Beach Nuisance Abatement Board..
I have also served as a volunteer Parking Enforcement Specialist at
the Delray Beach Police Department for almost nine years.
My desire is to put my management and organization skills to good
use on any workin2 city board. I have lived in Delray Beach since
1981, have proudly watched the city mature and would like to be a
more active participant i~ its continuing growth..
C:§~
~
February 14, 2004
~L'LOI~VV~ LL.~~ ~3~(öOqOII
1~~~~!U4 BON 11:26 FAX 561 l~J 377~
tUILlHNG
CITY CLERK
PAGE ø~
tlJ 002
DB..RAY BEACH
~
q¡¡r
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Itj /it/Ó~ _
ìnfODIJ:.atioa.~
SA4z..~5
N~e
MoL
þ",-
city
t> I? ¿'¡/..-JIf
City
StatE
'G~ Pz-
State
7ip Code
ilJ 63
Zip Code
Principal Business Address:
-00 W AT~~r;o .BL..J~
City
P+>o/~ ~
State
~.
Zip Code
3706t
, Hom~ Phone; :Business Phonc; E-M.."1Íl. Aàcùess: Cd! Phone: Fvc
t'-~~Jz5'9 .9f:f.... 7,6- -1"~7ð .$~z.Þ;v6 .Jal1þa. -FU-$' 73-/7/7 9Ff.L7#~~7f:?
Are you 11. registered VO[W if ¿;;. If SO~ whe.te ue you Ieg¡stered? 17/i?L-~ ~ -Qt?~
7 ~ $" .
What Bond(s) 3I'e }/'ou interested in serving? Pl~e list in aJ:der of ptef~enœ:
S Zc~~j C .
-'List all City Boards on which yOIl ar~ ~tl!..~e:ryrog Ot" ~!~_prcvioy~Jy. ~~~ (P~s.~ indud<:_!i~t~t._
~ '1:; -. 0 Þ/ è..4. -_. '. 4 C-ø.
~
. Give your plese.n~ or m.oSt recent employe!:, and position:
? r ")r 4> h- .A. -- C>.
Desaibe experiences, skills or knowledge which qualify you to sc.I'I7e on t:hÏ$ booo (pl~sc 3.({2.ch a. b(i~£ resume)
e )íI¡;:e:.~ ..z;~~D{~ ;.:> G c. ..~,-:
~"ý ~ " ;"0 - ~/
ft,r
[)ß.?~ t¿¡;r~I:/.or /S ~ C~-
xcby cettify that..n the :above statements"31:C ttU~ and t ee ~d undctsbtnd rh~t JUly ~lIIta'tcmt:nt of m~cez:W. filcrs
L· ;n this appli01tí y cause forfcicu.rc upon m.y pan: of ~IlY appoIDtment I may ~cccive.
---ÆP~f
DATE.
~ECE'VED
NOV 1 6 2U04
te: This ~'{JpliC2tion will I:~ on .file in the City Clerk's Office for ~ period of 2 years fronQt-'f¥tèt.~ K
submitted. Ie will be me applicant's lespon$ibi1í1:V to ensure: that a. cunen[ aDnliOlùon iq on 111t'_
11/16/2884 11:2~
9547864677
BUILDING
PAGE 03
. ì
JEROME SANZONE
200 MACFARLANE DR
DELRA Y BEACIL FL 33483
(561) 243-3299
OUTLINE REUME
March, 2002
Present
City ofPompa.no Beach
100 E Attannc Blvd
Pompano Beach. F1.33061
Building Official
.Marcb~ J 989- City ofDelray Beach B~ildìng Officia1
March, 2002 lOONW IS( Ave
Dekay Beach, FI. 33444
June: 1986- City of Oa1dand PaJk Building Official
March, 1989 3650 NE 12m Ave
OaklAnd p~ Fl. 33334
·June, 1984- City of Pompano Beach A9Sis(ant Building
June, 1986 141 SW tU Ave Official
Pompano Beacb:> FI. 33060
. I June, 1980- Self-Employed C onsrroction Consultant &
June. 1984 RR 2, Box 816 General Contractor
Pompano Beac~ Fl. 33067
Apnl,1978- General Development Corp. DirecTor of Primary
Augus~ 1980 J III South Bayshofe Dr Housing
Miami) Fl. 33131
October, 1986- American Plywood Assoc. Sr. Interoational
April 1979 PO Box 11700 Field Services
Tacònu., WA. 9&411 Repre6entativ~
August, 1965· Rinker Materials Eng. Coordinator.
October, 1966 805 N. Railroad Ave. Field & Fabrication
West Palm Ðeac~ FI. of Project3
Fëbruaty,1963- Lindsky Lumber Co. Estimation,
August, 1965 Steel Division Detailing,. Field
Dania, Fl. Supen,ision,
Customer ReJations
Aprù, 1960- Sec.urity Planning,. Inc. Sales Representative
Decembu, 1962 First l'lationa1 Bank Bldg.
Miami, Fl
February, 1960- Dade County Highway Estimator &
February, 1963 Design Section Designer
11/16/~ßØ4 11:~~
9547864677
BUILDUIG
June, ]959-
September~ 1959
C & C Construction
613 Tabor Place
EstimatQr &
Designer
InVestOT Planning Corp.
60 E 42ad Stn::et
New -York, NY
Sales Representative
JEROME SANZONE
200 MACFARLANE DR.
- DELRAY BEACH, FL. 33483
(561) 143-3299
OUTLINE RESUME (COt-IT'D)
Sept. 1958- N€w York City Community Construction Tech.)
Ja~ 1960 Collegt: ABS Degree
300 Pearl St.
BrooIdy.n. NY
Sept., 1955- - United SUtes Army Corp of Engineers
Sept.. 1958
June, 1954- uvy & O'Keef Mechanical Design
Sept, 1955 171 J\·hdison Ave
NewYo~NY
-~
PAGE 04
11/16/~ß04 11:~~
Date of Birth:
Marital Status:
Genua1 Health:
Military Sen;ce
Catification:
School:
Organizations:
95478b4b/1
BUILDING
PROFILE
August 27, 1936
Mauied
E:xcellent
US Army Corps ofEng. - H{)Oorabk Diš~hargc. 1955-1958
Florida State Qcneral Contractors
License: #CGC-007690
Cc.rrified by the Dc.partrnent of Professional Regulations in the
Following areas:
Building Code AdIIlÎIilitTator;
Structural Pla.ns Examiner aud Inspector;
EIeclIical Plans Inspector;
Me:chanical Plans InspcctoT
Plumbing Plans Jnspecror
C.A.B.O. Ce.rtified Building Official #923
Florida Board of Building Code and
Standards Cenificstc #111
Building Officiab Assodation Building Code
Pir~ctor Certificate. # J 47
Soutb Florida Building Code ÐulJding Offici~iI,
Chief StIuctural Inspector and Pla.ns Examiner
NYCCC A..B.S. Degree in C011$truction Technology
Florida AtJantic Builders AS3ociation Cbai{lJlan of
Affordable House Committee
Govcn:uncuraJ Affairs Committee
Builders Associa.tion of Soutb FJorida
Co-013irman ofTeclmical & Construction
Committee
Construcño-n Specifications Institute
Building Officials Association of
PAGE 65
11/16/~ØØ4 11:~~
Boatds:
Languages:
)
9547B64677
BUILDING
PAGE 06
Florida
JEROME SANZONE
200 MACFARLANE DR
DELRAY JlEA.CH, FL.
PROFILE (COm'D)
Broward County Constnlction Industry Licensing Board
Palm Beacll County Building Code Advisory Board
Palm Beach County Fir~ Code Advisory Board
Fire Code Board of Adjustme:nts and Appea.ls
SBCCI By-LalA'S Commiaec
SBCCI Code Interpreta.tion Comminee
SBCCI Ex.isting Building Code: Committee
SBCCI Genenl Design Committee
ROAF Resolution Committee
Palm Beach CQunty Hunicane Retrofit Committee
Palm Bcach County plumbing. Electrical and
Mechanical Review Committee
ICC International Building CodE: Structural Committee
IWian, Spanish. Japanese and Larin
11/16/~ßØ4 11:~~
9547864677
CLIENT
US Dept of AgriculturE:
National Homes, Inc.
Ryan Homes
G.D ;c.
HeUer, \Veavel' & Assoc.
-)
Gcnstar
m
G.P.
.Nortbwood Industries
·Mara1em
Everglades ClJemiœ!
MCl-Carter Coating
C.A. Marando
Florida Division of
Law Enforcement
BUILDIt~;
JEROME SANZONE
200 MACFARLANE DR
DELRA Y BEACH, FL. 33483
CONSULTING
ACTIVITY
Sct up constructÌon companies to build rna..~ housing and train
Personnel in V €nezuel~ S.A.) 3 projects· started.
Acq'ltire product .approvals for their system under the
SBCCI and SFBC.
Analyze and solve construction problems.
Analyze .;¡nd solve: <:onstnIctionproblelD:S.
Evalu.ate buildings for condo conversions.
Developed site: pIau for plann~d community in S- Dade
Evaluated strucmrcs at Pal111 Coast in BunnelJ, FL
Approved 8S expert witness in American Arbitration and
Federal Court.
Analyze and salve problems of construction applications.
Advised 01} markering of construction products and gained
code approv~ls_
Ad,,'Îs~ on marketing of construction products and gained
Code approvab.
Advised on marketing of construction products and gajned
Code approvals.
Advised on marketing of construction products and gained
Code 3.ppravals.
Advjsed on maòœting of construction products and gained
Code approvals.
Analyze. investigatE:: and evaluate projects as well as testify as
An expen witness for [he Construction Fraud Case
PAGE 07
Ll/16/~ß04 11:~~
954ï8646ïï
BUILDING
PAGE 68
)
~.
JEROME SANZONE
200 MACFARLANE DR. .
DELRAYBEACHII FL 33483
PROFESSIONAL ASSOCIA nONS
American COJJcrete Insrltatc (ACI)
American Institute ofTimbcr Construction (AITC)
Building QfficiaIs _'\ssociation of Florida (BOAF)
Building Officials Association ofPahnBeach Couuty (BOAFPBC)
Building Officials and Code Administrators (BOCA)
. Consttucrion Specification Institute (CSI)
O)undI of American Building Officials (CABO)
Intematioœl Conferepcc ofBui1ding Officials (lCBO)
Southern Building Code Congress International (SBCCI)
PROFESSIONAL CERTIFICATIONS
Broward County Board of Rules and Appeals:
Building OfficiaV Plans Examiner
Building Officials Associadon ofFJorida:
Building Official! Depart:ln€nt Director
CcunciJ of American Building Officials:
Building Official
Florida Association ofPlumbjng-Ou-Mechanica1 Inspectors, Inc.
State of Florida. Depanment of Business & Prof~siona.l ReguJArion:
Building Official/ Code Adrnini~trator. Plans Examiner. InspectOr
State of Florida, Department of Business & Professional Regulation:
Genera] Contractor
State ofFJorida. Floñda Board of Building Codes & Standards:
BuiJdjng Official
RELATED INDUSTRY ACTIVITIES
Building Association of South Florida:
Co-Ch<1ÌIman;- ConstrUction & Codes Committee 1980-81
Olairman. Palm Beach Cou.oty Fire Code AdvisoJ:y Board 1990-94
Chairma~ Palm Beach County Fire Code of Appeals & Adjustments 1990-94
College ofarcbiteclS: Engineers & Surveyors Seismic Committee 1968-13
Low Cost Housing Comminee- Puerto Rico 1963-68
11/16/~ßß4 11:~~
954ïÐ64677
BUILDING
President. Bui1ding Officiab Association ofBroVr'3.Td County 1987-88
PrE:siden~ BuiJding Official! A.!sociation ofP.alm Beach County 1994-95
Soud1cm Building Code Congress International By-l..êi'\VS COIIlI\}irtee 1992-93
Southem Building Code Congress Internadonal Code IntE:rpretådoD Committee 1994-95
SouThern Building Code Conference Intemational Existing Building Code Committee; 1995-97
Southern Building Code Conference JotematíonaJ General Design CommitteE: 1997-1999
Intemational Code Council ICe fl'.ffERNATIONAL BUILDING CODE:.$trUctural Committee 1999-
Present
PAGE ß9
..., J. ..-..."'....-- ~ "'........,-.........,. -,
... -- - - --- --. -- &6.~ ..,...,.... $."., .þ I.
,",,"'-..J IV',",I,
~u~-~-v~ ~.~VIM,
r d~~ C./ C.
CITY OF DE RAY BEACH
.BOARD MEMB R APPLICATION
~002
Please e 0.£ 1:Ínt the followin inform:a.tÏ.on:
1. J..as[ N1'mc:
Schatz
2. Home Adœess:
935 _Tasmine Or_
3. Legal Residence:
.same 8S 112
4. Princip31 Business .Addrcss:
OB.IAY BEACH
,.þ........
~
, III J!
1993
2001
f-~ ób
~f'V\€f
1\.1. 1.
Delray Beach
SÜtè
FL
Sta.[~
Zip Code
33483
Zip COdé
State
Zip Code
33480
220 Sunr~~e Avenue #209
Beach
5. Home Phone:
561-274-0010
Business Phone:
561-833-1846
Cell Pbone:
Fax:
561-8.3.3-1881
6.
7.
8. List ill City Boards on which you aLè cwreody $eJ:VÍ.o.g or ba.ve p 'ously scrvéd.:. (Please ìnclu.dç <btl':S)
I am currencl servi.ng on the Historic Prese vation Board and have been twice
elec.ted as Chairperson by illY
9. Edu.cational ~u.alificat:ìons:
ß. S. - Educ.ation; J.D, 1978
er$ on the Board of Ad·ustment. (term I mired)
10. list any rclatul professional certificAtions.and licens~ whic )'on hold:
well as a licensed real es~ate b~oker.
11. GÍ\te Yo'W: presen(~ or most r~ceo.t employer~ 1nd position:
Randee S. Schatz. P_ ^_. owner/attoroey
planning and zoning issues. my law prac.tíce hag
e ¿n this board: (plðSC :atæch a. bri~f resUQ1c)
hích are related co areas affected by
12. D~scribe expmenas" ski& or knowledge which quili£y -you. Co s
In addition LO having served on various boards
la~ge emphasis on real estate
transaccions including plann~ng and zoning mattÞrs at both a municipal and county-wide
I hercby c:ecûfy mat all me above :¡tB.tœtalts ue tn1e, 2nd I 2.grce md )ßdeatand that any misstatement of ~te.ri~.I fa-ct...
conc;Úned in this application II1ay ou.tSe forfòture upon rny pare of ~ .ppoinunc.nc I 1IDlY receive.
~~ÁJ~~\ B-~-01
~N^ WlΠ\....) DA-rE
~ote::
This 2pplication will remaio on 6ID in the Cit;y Clerk's 0
=1nnìtttA 1< will be the~=ur;~ility to ens
Ü1Î tw ~
C~ fo~ a period of 2 reus .b:om the da.t"£ it was
re th:¡,r 11. eut::reo.t ~ppliC1.ri.oD. is on file_
R E eEl VE D ;s\OTYCI_P,K~~(Ano~
AUG 0 2 2004
fHTV CLERK
DaRAY BEACH
~
.....atr
, till!
1993
2001
CITY OF'DELRAY BEACH
,BOARD MEMBER APPLICATION
information:
ç:¡ Ivet
2. Home Address:
27r r¿: Cordi 11-6/û! C
3. Legal Residence:
~ ~ CoÎq / 'kc.e, 0, .
4. Prinåpti Business Address:
/2Jo/ ¡OOtcJer/¡A~ N
S. Homt Pbotte= BUSÌ11e5s Phone.:
Name Chr-fsk-I
Cï
?iJek ~4
City
JWr~
C..Îty
ML
~
ha{
State
FL
State
-¡¿
State
~ Code
:l3f?YS-
~ip Cod~
.7J~xr-
Zip Code
.1:1 21J
561-¿?~-PÆÇJ JZ/_ V)'l-l22-V
6. ~ you ~ tegistered voter? Do
7. What Bond(s) ue 0\1 intc::tcstcd in semng? Please list in order of preference:
I'/ann/II -tP~ í'J "
l1o~ ~
E-~fail Address: Ccll Phone: rax:
dJs ..fìlvelhOUJe( _ !Z(-q2fi'-S~ ~ SZI_2/fl-/3.e?o
If 50. where a.re you registe.ted?
,tL
8.
, .
9.
10. List any related professional certifica.tions a.o.d Hcenses which you hold:
-¿" k "
c:>k/ /~ -2<:>0 ~
ch a brief resume)
æ d4~
I hereby~6 that all the above 6b.td:nents are tIU.e, md I agree and undetstand tha.t any misstatement or material facts
contain this applicati~ 1D.2.y cause fOrfeiture upon my part of any appointmet1t I m.y ceèeive.
, ~ dt,l/, (- J-tJJ
, SIGN^1'URE DATE
No~ This app1ica.cion will tem.2.Ín on file in'the City Ccrk~s Office for a period of2 years £rom the date it was
submitted. It will be the applica.nt's responsibility to ensure that a. çurreat application is on file.
~BOARDW"fUCATJON
Christel Silver
278 E Coral Trace Cir
Delray Beach, FL 33445
Tel: 561-274-8153
Fax:- 561-243-1390
Cell: 561-929-5799
Resume
Education: High School Diploma at Sequoia High School Redwood City, California
as Exchange Student from Gemiany in 1960
High Schooi Diploma at Fritz Karsen Schule in Berlin Gennany in 1963
Graduate trom Law A~ademy in Berlin in 1966
Administrator of Justice from 1966-1985 working at the Court Houses in -
Berl~n, Essen, and Essen-Borbeck, Gennany _
Real Estate Schools in Maryland, Washington DC, and Florida
Graduate of the-City of Delray Beach' Residence Academy in April 2004
Participant in the Leadership of Delray Beach_ 2004/2005
Licenses: Associate Broker in Maryland license #81131 since 1985
Realtor in Florida license # 60690952 since 2000
Certified Residential Appraiser in Maryland license# 7102
from 1991 until 2004
Notary Public in Maryland from 1986 until 2001
NQtary Public in Florida since September 2003
Certified International Property Specialist since 2004
Fair Housing: Member of the Fair Housing Committee at the Montgomery and
- Frederick Association of Realtors 1990-2001
Chairperson for the Fair Housing Committee in Montgomery County
in 1995_
Member of the Interagency Fair Housing Coordinating Group 1995-1997
Washington DC HUD Task Force member for Fair Housing
Voter status: I am a resident alien in the process of applying for my Naturalization
looking forward of becoming a registered voter.
. Membership: Greater Dekay Beach Chamber of Commerce
(Chairperson for 2005 for the Ambassadors and Chairperson for a
Leadsgroup)
Gennan American Chamber ofCpmmerce
International Business Council of Palm Beach County Association of
Realtors
Membership Committee of Certified Residential SpecÜllist (Chairperson
of the Florida Chapter)
Elected Director of the Board of the Coral Trace HOA for 2005
¡¡61l~~
¿". J~ ð-'
-----------------
Christel Silver
Date
OÐ.ItAV BEACH
~
;frr~
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
3-Y/-¿J5
W~
information:
S T A 1<-1 N Name H,4 R.. V'E Y
2. Home Addres3 'I q 3 1f(è&/2. C , e. C Lé G B-f'vA Y
3. Legal Residence:
S 4- /¥1. ~
4. Principal Business Address: ~ S
"P~LlC. A,.,J pR-ð fE(Z. 'He=:
<g' 5 l S. E'. G, t;J It ú€ , S (J liP i ð 8'
5. Home Phone: Business Phone: E-Mail Address: Cell Phone:
15 ~ 1- ;¡ 7;1- I~ (, '; 5(, ( ...;). 72. -7 ( a b h s r a."..¡ A tj M L- c&¡t.. Q ç L( -£,[{ tý
6. Are you a registered voter? '/ ~ S If so, where are you registered?
c:; ~L~p..ý ~il
7. What Board(s) are you interested in serving? Please list in order of prefp:ence:
CDTI£ c"..;Ç-OR- e..€t?1c.l'-{( PL Pi 6-.t 2ðA/VV' 3 'BÞ _ oç:..
EI/-Cf/
M.L
State Zip Code
pL 3~ ð-S
State Zip Code
State Zip Code
fL 3 -;<¡ ~J
1.
City
City
1)ateß='t ~~tf
()¡l.(
.4 D J'U5~t. €A
8. list all City Boards on which you are currendy serving or have previously served: (please include dates)
G
: )
(z'~7>UA'ï"€:
3l.{~3 .
12 Descñbe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
f7(...~~ ~ S a= A 1Þ4- t!
ove statements are true, and I agree and und.erstand that any misstatement of material facts
ay cause forfeiture upon my part of any apP?intment I may receive.
3,:2 iJ-;¿dò~
DATE
Note: 1ñis application will remain on file in the City Clerk's Office for a period of 2 years from the date it was
submitted. It will be the applicant's responsibility to ensure that a current application is ,on file.
. I RECEIVED ~T1ON
/lfr-Plf r/t¥
MAR ~ 1 2003
CITY CLERK
. '- "
}
Attachment to Section 12
City of Delray Beach Board Member Application
I believe I am qualified to serve my city on one of its boards because of my
professional experience, my commitment to seeing our city grow and prosper in
an orderty fashion, and my belief that the needs of all our citizens should be
$erved in a fair and compassionate manner.
.
First, I am a licensed and active RealtorR in the City of Delray Beach. I am
committed to supporting a balance between our need for growth and
development and our desire to maintain our rich cultural heritage. I believe that
opportunities for growth and development should reflect and support both our
city's history as well as our need to supply all our residents with a wide range of
housing, educational, employment and entertainment opportunities.
My previous experience as a senior executive in the high technology industry
. enables me to understand the impacts of budgets on growth and gives me the
ability to make the sometimes hard decisions required to balance "needs" with
"wants." As a manager familiar with strategic and long term planning I
understand the need for implementing orderly and controlled processes for
viewing a wide range of requirements and the benefits of consistency in any
review process.
'J
,
Second, I feel a strong commitment to seeing our city grow and prosper. I was
among the first graduates of the Delray Beach Resident's Academy (November,
2001) and found the experience both educational and inspiring. . learned a lot at
that time I promised myself that I would be back to take a larger part in making
our city one I was proud of. As a resident I take pride in "my city" and do alii can
to show that pride by attending events and taking an active part in city business.
I have attended numerous Commission meetings and learned a lot about the
process of how our city government operates. Now I feel it is time to give
something back and participate in a way that will have an impact. Instead of just
talking about what happens, I want to volunteer to help make things happen.
Finally, I believe the needs of all our citiz~ns should be served in a fair and
compassiona~e manner. The many boards in our city are charged with
implementing the rules and procedures by which we live. Rules make our
society orderly and allow opportunities for all to live peacefully and in harmony.
Yet I believe those rules should be enforced with an eye toward the end result
they were intended to achieve. As sl:lch they must be dealt with in a fair,
responsible and compassionate manner that allows all city residents to enjoy the
city's benefits and its opportunities.
)
HARVEY D. STARIN
3498 HARBOR CIRCLE, DELRA Y BEACH, FLORIDA 33483
TEL 561-272-1665 - FAX 561-243-6087 - EMAlL: hstarin@aol.com
Strong Sales Skills, Focused On Results & Customer SatiSfaction
· Strong customer relationship management skills and extensive customer service experience
· Skil1ed at customer development and sales.
· Highly organized time manager, adept at balancing multiple competing objectives
· Extensive customer facing direct sales ánd sales management experience
· Excellent writing and presentation skills.
· Skilled tradeshow manager, ftom concq>t and theme development to showlbooth management.
· Licensed US Coast Guard Captain
EDUCATION
BS, Advertising and Marketing, University of Florida
MBA, University of Florida
Kellogg School, NorthWestern University, Executive Leadership Program
PROFESSIONAL EXPERIENCE
Senior MarlœtîDg Executive
Experienced in Marketing, Sales, Strategic Planning, and Operations
2001 to 2002: Sarat02a Telecom. Ine.: National Retail Sales Manager. Hired, developed and managed
outside sales force selling telecommunications services to and prepaid phone card products to the maritime
industry nationwide. Performed direct customer contact. Developed retail sales strategies to increase volume
and market penetration in this highly competitive industry. Developed and prepared reports for sales,
distribution, sales force productivity and demand forecasts.
'. ~
1.999 to 2000: e-exhibit.com. Boca Råto~ FL
Co-Founder and President of Internet Business- T<rBusiness ~ommerce startup venture with responsibility
for all activities associated with creating and building the flfSt Internet "Virtual Trade Show."
1997 to 1999: Lucent Technolo2ies New Ventures Group~ Murrav Hill NJ
General Manager - Persystant Technologies: Created and launched a new Lucent Internet startup venture for
the delivery of interactive training over the Internet. Responsible for negotiating and closing all initial test
Customer and first service client contracts with Fortune 100 firms. Created the vision for the company, directed
$O~ development and all customer related activities in the multibillion-dollar adult learning, corporate
training market space.
1993 to 1997: Lueent Technolo2ies & AT&T. Baskin!! Rid!!e. NJ
General Manager - Learning Works: Created and brought to market the Lucent Technologies "Learning
Works" integrated sOlution business to address the multibillion dollar opportunity in applying high technology
to the training and education market. Successfully initiated product testing and first service sales with senior
training and corporate executives of partner firms.
. D.iredor ofMarketiag and Strategic Planning: Created and coached the teams that delivered high impact
customer sale support applications to support penetration of visual communications products and network
services among large business customècs.
1988 to 1992: AT&T General Business Svste~ Parsippanv. NJ
Product Marketing Director: Responsible for all product marketing activities, marketing collateral
development, sales support materials, trade show management and execution and media relations.
Other Experience:
AT&T Information Systems: Branch Sales Manager - Ft. Lauderdale, FL and Atlanta, GA.
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DELRAV BEACH
b:äd
1iir
1993
2001
/9lkrn ey
/l/do:J
CITY OF DELRA Y BEACH
BOARD MEMBER APPLICATION
1
P ease type or print the follo~ inf~nnation:
1. Last Name: Name M.L
Stanley Thomas M.
2 Home Address: City State Zip Code
29 N.E. 4th Avenue Delray Beach FL 33483
3. Legal Residence: City State Zip Code
932 Kokomo Key Lane Delray Beach FL 33483
4. Principal Business Address: City State Zip Code
29 N.E. 4th Ave Delray. Beach FL 33483
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax:
561 266-5989 561 276-6363 tomstanley@bellsou ,.~61 t62-4111 561 276-8881
'"". .ne
6. Are you a registered voter? If so, where are you registered?
Yes 932 Kokomo Key Lane, Delray Beach, FL 33483
7. What Board(s) are you interested in serving? Please list in order of preference:
.... nity Redevelopment Agency, Planning ann 7.oning, SPRAR, Dnt.mt-nt.m nP.v Anf"h
8. list all City Boards on which you are currently serving or have prevj.o~ly served: (please include dates)
None
9. Educational qualifications:
B.A. Princeton University; J.D. Florida State University
10. list any related ~of~ssional certifications and licenses which you hold:
Member of t e Florida Bar, Real Estate Atty
11. Give your present, or most recent employer, and position:
MacMillan & Stanley - Attorney
12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume)
See Attached
I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts
contained in this aDDlkation 'may cause forfeiture upon my part of any appointment I may receive.
~~.o. __ --- ~A¡¡d¥-Ú~ .
., O' --. - - ~- -- - - --- . - -- .. - -
~Ç7NA~~ ..J.
.- .. .. _. .- -- ..- -- - .-. - ... .-- -- -- .. . . . - . . O'
Note: TIùs a lication Will remain on file in the Ci y-Clerk's Office for a eriod of 2 ears from the date it was
pp t) p y
submitted. It will be the applicant's responsibility to ensure that a current application is on fue.
S\CITYCLERK\BOARD'.AfPUCA TION
,'^~:: i IY)
MacMillan & Stanley
29 N.E. 4th Avenue
Delray Beach. Fl 33483
Phone 561276-6363
Fax 561276-8881
E-mait tomstanley@bellsouth.l1ét
Thomas M. Stanley
Educátion
1995-1999
B.A. History
1999-2002
.Juñs Doctor
P.of'esslonal
experience
1997 - Summer
law Clerk
1998 - Summer
Law Clerk
2002
Judicial Clerk
: 'J
2002 - Present
Attorney
Princeton, University
Princeton. NJ
Florida State University
Tallahassee.Fl
Searcy. Denney, Scarola, Barnhardt, and Shipley
West Palm Beach, Fl
Office of the State Attorney West Palm Beach, Fl
leon County Circuit Court
Tallahassee, Fl
MacMillan & Stanley
Delray Beach, Fl
Member of the Florida Bar; American Bar Association; Delray Beach
Chamber of Commerce; Council of 100; Boca Raton Estate Planning
Council; Palm Beach County Bar Association; Delray Beach Historical
Society; Member of Real Property and Probate Section of the Florida
Bar; Member of City, County. and Government law Section of the
Florida Bar; Member of Elder law Section of the Florida Bar
Professional
memberships
I was born in the Defray Beach area and was a 1995 graduate of the
Atlantic High Schoollntemational Baccalaureate Program. I have a
vested interest in the growth of Delray Beach as a downtown landowner
and businessman. I feel that my skills and knowledge as a real estate
attorney and Delray Beach native will bring added depth to many of the
City of Delray Beach developmental and review boards.
Objective
DRRAY BEACH
.,....-
*****
Z¡~O~
Z:?n¡'~ :51'. Plql'1n-e
mf!
1993
2001
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
Please e or rint the foHo' information:
1. Last Name: St.( III
2. Home Address:
o ç € DrL\) f....,
3. Legal Residence:
CS Wt€ as a boù E..,
4. Princip~ Busin~ ~d<4ess: City
Pø'm l:Sf?at:~ (J)tl~ c~t?,nc; D""Slon fA v-..L f)
f to At<C;+rð\ la AùÈrtt ~ raIn, ~
5. Home Phone: Business Phone: E-Mail Address: Cell Phone: .
M.l
State
FL-
State
Zip Code
~3 cfS
Zip Code
State
Zip Code
FL
Fax:
3
~1-4qC)-?,( ~-Z33-SZI
6. Are you a registered voter?
g,(-Z3S-c;l foS
3 H-t ~~prfSf'Y 0"1 ß:ard Dowrr\ow., D ðrl
. List all City Boards on which you are currendy serving or have previously serve: (please include dates)
noV\f...
, Cot¡¡t1)'JIU11 Yld~ \1.' n
¡5S 1000Ers
e ye~(Nt
I hereby certify that all the above statements are true; and I agree and understand that any misstatement of material facts
n d in this application may cause forfeiture upon my part of any appointment I may receive.
~êfJO 3
SIGNAWRE DATE
Note: This application will remain on file in the City Clerk's Office for a .£..Criod of 2 ~ &om the date it was
submitted. It will be the applicant's responsibility to ensure BtE;~~LUJiPLltion is on file.
tlfl* WULf ~,ßlJ1} APR'2 5 2003 sart~"'^~
("ITV r"1 cOLt
Ronald W. Sullivan
Delray Beach, FI, 33445-3872
.
400 Sherwood Forest Drive
Phone: 561-499-8114
.
April 22, 2003
City Clerk's Office
City of Delra?, Beach
100 N.W. 1s Avenue
Del ray Beach, FL 33444
Re: Board Member Application
Dear Ms. Schell:
Enclosed is my completed application for Board Member, City of Delray Beach. I am also
attaching a copy of a recent resume with probably more information than you need.
I have been a resident of Palm Beach County for almost 8 years but just moved to Delray
Beach last year. Please let me know if you need additional information.
,
Ronald W. Sullivan
J
..IÞ
"
I
I
RONALD W. SULLIVAN
400 Sherwood Forest Drive
Delray Beach, FL 33445-3872
Phone: (561) 499-8114 E-mail: mcsullivan@aol.com
SUMMARY
Landscape Architect I Land Planner with extensive background in teaching; in public practice; and in private practice in
land planning, project management and computer applications to the planning and design process.
EXPERIENCE
Senior Planner (2102 to. present)
Palm Beaèh County, Planning Zoning and Building Department, West Palm Beach, FL
Senior Planner with the Zoning Division, Development Review Committee (ORC) Section.
· One of two senior planners supervising the work of 4 planners, a zoning technician and 3 secretaries in the
performance of their Øuties rélated to the DRC plan review process.
· Share management responsibility of the ORC plan review process.
· Continue to serve as County staff representative on Northlake Boulevard Corridor Task Force.
Senior Planner (2197 to 2/02)
palm Beach County, Planning Zoning and Building Department, West Palm Beach, FL
Senior Planner with the Zoning Division, Board of Adjustment/Concurrency Section.
· As head of the Concurrency Section, responsible for management of the concurrency review process and for
supervision of a planner, zoning technician and secretary in the performance of their duties related to concurrency
review.
· Responsible for overseeing the on-call and reception functions for the Zoning Division including supervision of a
planner and Receptionist.
· Serve as County staff representative on Northlake Boulevard Corridor Task Force.
Site Planner II (Mid 1995 to 2/97)
Palm Beach County, Planning Zoning and Building Department, West Palm Beach, FL
Project Manager/Site Planner with the Zoning Division, Development Review Committee.
· Review land development plans, site plans and master plans for land development projects located within
unincorporated Palm Beach County and work with applicants to bring these plans into confonnance with Palm Beach
County Unified Land Development Code requirements.
· Assist applicants in the preparation of these plans for submission to the Development Review Committee for final site
plan approval.
· Review applications for building permits.
·Proiect Lan~caDe Architect (6 months)
Short term position with local land development consulting firm working on preparation of proposals and on a variety of
land development and subdivision projects.
'Lands~D9 Architect I Proiect Manaaer (8 years)
Associate I Studio Manaaer (4 years)
Derck and Edson Associates, Lititz, P A
Major landscape architecture, land planning and engineering firm in southeastern Pennsylvania with a staff of 16
landscape Architects and 5 Civil Engineers.
· Responsible for introduction of computers to the firm in 1987 and for selection, acquisition, implementation and
management of hardware/software systems for accounting, computer-aided design, engineering computations,
project management and word processing.
.. As project manager, worked with clients, peers, other professionals and local and regional reviewing agencies in the
planning, design, approval and implementation of a wide variety of projects.
· As studio manager, guided and directed studio of 3 landscape architects, a civil engineer and a draftsperson in the
planning, design and approval of subdivision and land development projects prepared using CADD.
'; Associate Professor of Landscaoe Architecture
Kansas State University, Manhattan, KS (9 years)
Taught courses at both undergraduate and graduate levels in site planning, design and resource analysis.
,
. ,
· As coordinator of the graduate program in landscape architecture for 4 years, administered the program, recruited
and advised graduate students in one of the top accredited graduate programs in landscape architecture in the
country.
· Maintained a full program of consistently high caliber students during a period of generally declining enrollment at the
university.
.LandscaDe Architect Consultant
Bureau of Land Management (6 months)
Three month executive appointments to Wyoming and Alaska state offices of federal land management agency.
· Conducted a study of off-road vehicle use on public lands in conjunction with Landscape Architects and other
professionals in the Wyoming State Office.
· Worked with BLM Landscape Architects in Alaska to develop a methodol~ for visual resource inventory and
analysis of a 15 million acre resource area in northwestern Alaska. Resultant report used to modify the existing BLM
manual section on Visual Resource M~nagement.
"Landscaoo Architect I Park Planner
Texas Parks and Wildlife Department, Austin, TX (6 years)
Involved with all phases of resource-oriented park planning and design through the agency that administers the historic
and recreation parks in Texas. . .
· Supervised planning professionals in preparation of 15 state park master development plans for units of the Texas
State Park System.
· Helped develop a system of resource analysis adopted by the Department for planning state parks and authored a
booklet describing the process.
· Coordinated a team that developed a state park system plan for Texas and procedures for implementation.
Landscaoo Architect
Roy H. Seifert and Associates, San Diego, CA (1 year)
Small landscape architecture and land planning firm.
· Design on a variety of projects ranging from county park master plans to site planning for a nuclear power plant to
private residential landscape design.
Naval Officer
United States Navy (3 years)
Served on two western Pacific tours to Vietnam and was involved in the initial stages of the pull-out of troops from
Vietnam.
· As Communications Division Officer, responsible for all communications on 10,000 ton amphibious ship in the
western Pacific as well as the security of all top secret material, equipment and communications. Supervised 2 junior
officers, 2 chief petty officers and 20 communications specialists.
· Directed ship maneuvering (Command Duty Officer) when entering and leaving port, replenishing at sea and during
battle conditions.
EDUCATION
Master of Arts in Sociology, Kansas State University
Master of Science in Community and Regional Planning, University of Texas (Austin)
Bachelor of Science in Landscape Architecture, Iowa State University
PROFESSIONAL
Registered Landscape Architect, Current #1598, State of Florida
Registered Landscape Architect, Current #501, State of Texas (Uniform National Exam)
National Certification by CLARB #616, Current
Member, American Society of Landscape Architects #023973
Past Registered Landscape Architect, State of Pennsylvania (9 years)
Past Registered Landscape Architect, State of Kansas (9 years)
H:\WPDATA\PROF\I..ATESTms.doc
'¡
''": ' fI'.
PROPERTY UPDATE
I. COMMUNITY CENTER
!. The Commons (North side ofW. Atlantic Ave. one mile west of 1-95)
4.59 acres (See Tab 1)
Bill Plum has spoken to the owner's representative and they indicated they
are not interested in selling the property, they want to develop it.
2. Alzheimer Foundation site - 850 North Congress Avenue (See Tab 2)
5.36 acres developable - carving out 1.2 acres of improved land
($15 per sq. ft. = 3.5 million)
The Board is to meet on January 24, 2005 regarding the issue.
(See Tab 3)
II. PARK ACQUISITION
1. Bexley Park Expansion
(a) Churchill Property - set to close on or before February 15, 2005.
We have until January 20, 2005 to rescind the contract for a reason
or no reason. (See Tab 4)
3.18 acres at $1,254,000.00 or $9.0528 per square foot
(b) Malkemes Property - (See Tab 5)
Desires to sell approximately % of the property, i.e.
Approximately 1.3 acres at $9.0528 price per square foot
Estimated cost: $512,642.00
III. STORAGE FACILITY
1. Seaboard Depot - (See Tab 6)
1.85 acres at 1.6 million or $19.8546 per sq. ft. for land and buildings
2. Looking at King Marble site located at: 905 S.W. 14th Avenue (See Tab 7)
9~
3. Looking at N.W. 18th Street -1.78 acres PCN # 12-43-46-18-49-000-0010
(See Tab 8)
Owned by: Broward Development Group, Inc.
And also the adjacent property -
251 N.W. 18th Avenue
PCN # 12-43-46-18-00-000-1400
Owned by: Richard Meccariello
We believe they are asking $18.00 per square foot, which would cost
$1,395,662. for 1.78 acres.
4. Another option is to expand the current Public Works/Environmental
Services Compound by acquiring adjacent property; or, (See Tab 9)
5. Keep City Storage where it is currently located at 1700 Lake Ida Road -
2.11 acres (91,911 sq. ft.) (See Tab 10)
Appraised price: One million dollars or $10.88 per square foot
Page I of 1
/
THE COMMONS
.
Gary R. Nikolits, CF A
Palm Beach County Property Appraiser
Property Mapping System
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Map Scale 1 :2751
Copyright Palm Beach eo.ty 2003
All RightI Reaaved - subject to a LÍCCØIc Ap¡emeat.
Map produced on 1111412004 fiom PAPA
http://gisweb.co.paIm-beach.fl. us/ipapagislpresentationlmapping/printnew.asp?MAPURL... 12/14/2004
ALZHEIMERS ASSOCIATION GREATER PALM BEACH AREA
.
Gary R. Nikolits, CF A
Palm Beach County Property Appraiser
Property Mapping System
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Owner Information
PeN: 1243480700IJD D5000
Name: ~A5SCXIAnON
tion: 8IO.~AVI!
Mailing: 1333 W MCIWI RD 5ß 13
TAMAUC R. 333213202
2004 Preliminary Assessment
Market Value: ..
Assessed Value: ..
Exempt Amnt:
Taxable:
2004 Estimated Tax
Ad Valorem:
Non ad valorem:
Total:
Sales Information
Sales Date Price
Mar-I_
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Palm Beach County Property Map
Map Scale 1:7141
0Jpyript Püa Bcada Coaaty 2003
All RightI Rac:aved - subject to a LiCCIIIC Aøœcmc:at.
Map produced on 1111412004 fiom PAPA
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100 N.W. 1st AVENUE· DELRAY BEACH, FLORIDA 33444·561/243-7000
1993January 3,2005
2001
Mark Pafford, CEO
Alzheimer's Association
Southeast Florida Chapter, Inc.
Subject:
Interest of the City of Delray Beach in Purchase of Real Property from the
Alzheimer's Association
Dear Mr. Pafford:
As you are aware, the City of Delray Beach has established the development ~f a Community
Center in the northwest section ofDelray Beach as a priority. The City has an interest in acquiring
a portion of your property located on the northwest comer of Lake Ida Road and Congress Avenue
upon tenns mutually agreeable, subject to the City having completed a full analysis as to the
property.
In order to assess the feasibility of the City acquiring your property and utilizing the same for the
Community Center, among other matters, the following tasks must be undertaken and completed
prior to being able to negotiate the terms of a purchase and sale contract:
1. Survey.
2. Site plan development.
3. Title examination to determine whether or not there exists any restrictive covenants
limiting the use.
4.
purchase.
An appraisal to provide the basis for the ultimate negotiations with respect to the
The City is willing to undertake all of the above-described feasibility studies at its expense in order
to arrive at a purchase offer which would then be presented to your Association. We would
anticipate that this proposal may provide for common use of parking as well as common expense of
the maintenance of the parking lots and landscaping on both the Community Center and the
@ Printed on Recycl6d Pap«
THE EFFORT ALWAYS MATTERS
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Mark Pafford, CEO
January 3,2004
Page 2
1
Alzheimer's Center, with the result that the overhead costs relative to such matters would be
reduced.
The feasibility evaluation will require approximately one hundred twenty (120) days. Given the
City's commitment to expending the time and funds necessary to accomplish the feasibility
evaluation we would ask that your Association agree to refrain from entering into any contracts for
sale of the subject property during that period, as well as providing the City a right of first refusal to
be able to acquire the property from you upon the same terms as any contract which may be
presented to your Association during this period which is deemed acceptable to your Association.
We would look forward to further discussions with you as to the various alternative combinations
of how our joint interests might be best served. Accordingly, our goal would be to be in a position
to present to you an offer for the purchase of a then defined portion of your property based upon the
outcome of the feasibility studies and our ensuing discussions. We would ask that you present this
matter to your Board, at your first opportunity, and if the concepts set forth herein are generally
agreeable, we would prepare a mutual memorandum of understanding incorporating the above
provisions.
I look forward to hearing from you.
Sincerely,
~.[~
David T. Harden, City Manager
cc: Susan Ruby, City Attorney
Robert W. Federspiel, Esq.
City Commission, City of Delray Beach
C hurcr,i J' Vrc;per-l'i-
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Property Information
Location Address: 80 DEPOT AVE
Municipality: DELRAY BEACH
Parcel Control Number: 12-43-46-18-00-000-1440
Subdivision:
Official Records Book: 16541 Page: 1407 Sale Date: Feb-2004
Le9-~1 ,D~$(:riptjQn: 18-46-43, TH PT OF S 1/2 OF E 1/2 OF NE 1/4 LYG E OF 11 ADJ TO SAL
R/W AS IN OR5245P1863
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Name: TRACKSIDE BROTHERS LLC
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BOYNTON BEACH FL 33435 6207
Exemptions
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Improvement Value:
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U~e. CºjJ~: 2000
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Feb-2004 ~~~41L1407
Sep-2001 13170/987
May-2000 11797/523
Price Sj:JJe,.JVP,e
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$103,000 QUIT CLAIM ATLANTIC GROUP HOLDINGS CORP It
$450,000 WARRANTY DEED ATLANTIC GROUP HOLDING CORP
Tax Year 2004
Number of Units: 0
*Total Square Feet: 6562
Acres: 1.85
Description : AIRPORT/MARINA
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PCN: 12434620590020000
Name: KING THOMAS R SR TR
Location: 905 SW 14TH AVE
Mailing: 905SW 14TH AVE
DELRAY BEACH FL 33444
1349
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Market Value: $486,298
Assessed Value: $486,298
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PCN: 12434620590020000
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Location: 905SW 14TH AVE
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DELRAY BEACH FL 33444
1349
2004 Preliminary Assessment
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PCN: 12434618000001400
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Location: 251 NW 18TH AVE
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DELRAY BEACH FL 33445
5655
2004 Preliminary Assessment
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Map produced on 1/18/2005 ftom PAPA
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PCN: 12434607010010203
Name: DELRAY BEACH CITY OF
ocation: 1700LAlŒmARD
Mailing: 100 NW 1ST AVE
DELRAY BEACH FL33444
2612
2004 Preliminary Assessment
Market Value: $288,
Assessed Value: $288,9
Exempt Amnt: $288,
Taxable:
2004 Estimated Tax
Ad Valorem:
Non ad valorem:
Total:
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Palm Beach County Property Map
Map Scale 1 :3797
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Copyright Pahn Beach Co.., 2003
All Righll Reserved - Subject to a LiCCDIc Agmmeat.
Map produced on 1/181200S &om PAPA
http://gisweb.co.palm-beach.f1.us/ipapagis/presentationlmappinglprintnew.asp?MAPURL=. .. 1/18/2005
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER rJtf\
AGENDA ITEM # \ OÂ - REGULAR MEETING OF JANUARY 18. 2005
ORDINANCE NO. 75-04 (ANNEXATION. SMALL-SCALE FUTURE
LAND USE MAP AMENDMENT" AND REZONING)
TO:
FROM:
DATE:
JANUARY 14,2005
This Ordinance is before Commission for second reading and a quasijudicial hearing for Future Land
Use Map Amendment (FLUM) from County HR-8 (High Density Residential-8 dwelling units per
acre) to City MD (Medium Density Residential 5-12 dwelling units per acre) and annexation with
initial City zoning of RM-8 (Medium Density Residential-8 dwelling units per acre) for Gramercy,
located 260 feet west of Military Trail and 710 feet south of West Adantic Avenue.
The 5.82 acre property currendy has an AR (Agricultural Residential) zoning designation. The
property consists of six (6) separate parcels with five (5) single family lots; two parcels are
undeveloped, three contain single family residential homes, and one serves as the access tract for the
subject properties and for the single family lots to the west. The subject property is located within
the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary annexation at
this time. The annexation area will be combined with approximately 7.81 acres to the east for a
townhouse development containing 109 units.
On December 20, 2004, the Planning and Zoning Board held a public hearing in conjunction with
the requests. There was public testimony from the residents of the adjacent property to the west.
The main concerns were that their properties would be landlocked and the proposed development
was eliminating the alternate access point previously proposed from Military Trail.
After significant discussion related to the RM-10 zoning, the Board voted 4-0 to recommend that
the request be approved, subject to a zoning density suffix of 8 units per acre maximum, based upon
positive fmdings with respect to Land Development Regulations (LDR) Section 3.1.1 (Required
Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning
Findings), and that the property is contiguous, reasonably compact and does not create an enclave;
and services will be provided to the property in a manner similar to other similar properties within
the City.
At the f1!st reading on January 4, 2005, the City Commission passed Ordinance No. 75-04 with City
zoning of RM-8.
Recommend approval of Ordinance No. 75-04 second and final reading.
S:\City Clerk\agenda memos\Ord 7S.04.Gramercy Annexation.01.t8.0S
0/\
M
FROM:
CITY COMMISSION DOCUMENTATION
DAV~~~AGER
PAUL: DORLlNG, ÕIRE~ OF PLANNING AND ZONj¡N
ESTELlO BRETO, SENIOR PLANNER ~~
l .
MEETING OF JANUARY 4, 2005
ANNEXATION. SMALL-SCALE FUTURE LAND USE MAP AMENDMENT
FROM COUNTY HR-8 (HIGH RESIDENTIAL - 8 DUlAC) TO CITY MD
(MEDIUM DENSITY RESIDENTIAL 5-12 DUlAC). AND REZONING FROM AR
(AGRICULTURAL RESIDENTIAL) TO RM-10 (MEDIUM DENSITY
RESIDENTIAL 10 DUlAC) FOR A 5.82 ACRES PROPERTY LOCATED ON
THE WEST SIDE OF MILITARY TRAIL. APPROXIMATELY 700 FEET SOUTH
OF ATLANTIC AVENUE.
TO:
THRU:
SUBJECT:
I
BACKGROUND
The 5.82 acre property is currently located in unincorporated Palm Beach County and has an AR
(Agricultural Residential) zoning designation. The property is located within the City's Planning
Area (Future Annexation Area) and the owner is seeking voluntary annexation at this time. To the
west of the subject property are five parcels of approximately one acre each. The western 60 feet
of the subject property includes an access easement tract for these one acre lots located to the
west. The subject property consists of 6 separate parcels with 5 single family lots plus the access
tract described above. Two of these parcels are undeveloped, three contain single family
residential homes, and one serves as the access tract for the subject properties and for single
family lots to the west. Additional background and an analysis of the request are found in the
attached Planning and Zoning Board Staff Report. The annexation area will be combined with
approximately 7.81 acres to the east for a townhouse development containing 109 units.
PLANNING AND ZONING BOARD CONSIDERATION
At its meeting of December 20, 2004, the Planning and Zoning Board held a public hearing in
conjunction with the requests. There was public testimony from the residents of the adjacent
property to the west and their main concerns where that their properties would be landlocked and
the proposed development was eliminating the alternative access point previously proposed from
Military Trail. It is noted that properties currently gain access through the rear of Points West
Plaza (commercial shopping center).
The Board had significant discussion related to the appropriateness of allowing up to 10 units per
acre given the adjacent land use densities. While the applicant is requesting an RM-10 zoning
designation they agreed during their presentation to the Planning and Zoning Board to a
maximum of 8 units per acre as recommended by staff. After reviewing the staff report and
discussing the proposal, the Board voted 4-0 to recommend that the requests be approved
subject to a zoning density suffix of 8 units per acre maximum. The Board conditioned the
annexation on, and gave further direction through the Site Plan Review and Appearance Board
(SPRAB), that direct access from Military Trail to the existing single family homes west of the
Gramercy property be accommodated. The request was approved based upon positive findings
with respect to LOR Sections 3.1.1, 3.2.2, and 2.4.5(0)(5), and that the property is contiguous,
reasonably compact and does not create an enclave; and, that services will be provided to the
property in a manner similar to other similar properties within the City.
\~
City Commission Documentation
Meeting of January 4,2005
Gramercy Annexation, Small-Scale FLUM Amendment with initial rezoning of RM
Page 2
RECOMMEN,ÞEDAcTIÓN'
By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from
County HR (High Residential - 8 du/ac) to City MD (Medium Density Residential - 5-12 du/ac),
and the initial zoning designation of RM-8 (Medium Density Residential - 8 du/ac), based upon
the findings and recommendation by the Planning and Zoning Board and set a public hearing
date of January 18, 2005.
Attachments:
P & Z Staff Report of December 20, 2004
ORDINANCE NO. 75-04
AN ORDINANCE OF THE CI1Y COMMISSION OF THE CI1Y OF
DELRA Y BEACH, FLORIDA, ANNEXING TO THE CI1Y OF
DELRAY BEACH, A PARCEL OF LAND LOCATED 710 FEET
SOUTH OF WEST A 1LANTIC AVENUE AND 260 FEET WEST OF
MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED
HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE
CI1Y TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL
LAND USE DESIGNATION OF MD (MEDIUM DENSI1Y
RESIDENTIAL 5-12 DUlAC) FOR SAID LAND TO THE FUTURE
LAND USE MAP AS CONTAINED IN THE COMPEHENSIVE
PLAN; ELECTING TO PROCEED UNDER THE SINGLE
HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE
PLAN AMENDMENTS; PROVIDING FOR THE ZONING
THEREOF TO RM-8 (MEDIUM DENSI1Y RESIDENTIAL-8 UNITS
PER ACRE) DISTRICT; PROVIDING A GENERAL REPEALER
CLAUSE, PROVIDING A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Robert J. Marino, Francesco Stabile, Martha Marino, Russell and Pamela J.
Warren, Larry J. and Judith A. Walters are the fee simple owners of parcels of land totaling 5.82
acres and located 710 feet south of West Atlantic Avenue and 260 feet west of Military Trail; and
WHEREAS, Robert J. Marino, Francesco Stabile, Martha Marino, Russell and Pamela J.
Warren, Larry J. and Judith A. Walters have 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 is contiguous to the corporate limits
of the City of Delray Beach, Florida; and
WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in
accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presendy under the jurisdiction of
Palm Beach County, Florida, having a County Future Land Use Map (pLUM) designation of HR-8
(High Density Residential 8 dwelling units per acre); and
WHEREAS, the Advisory Future Land Use Map designation for the subject property in the
City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ac); and
WHEREAS, the City's FLUM designations as initially contained on the City's Future Land
Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory
only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and the
provisions of Land Development Regulations Chapter Two have been followed in establishing the
proposed zoning designation; and
WHEREAS, the RM zoning designation allows between 6 and 12 units per acre; and
WHEREAS, a density suffix may be affixed to provide a maximum designation during the
ordinance adoption process that is less than 12 units per acre based upon performance criteria in
accordance with LDR Section 4.4.6 and the required findings ofLDR Section 3.2.2(D); and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a
public hearing and considered the subject matter at its meeting of December 20, 2004, and voted 4
to 0 to recommend that the requests be approved with an initial zoning of RM -8 (Medium Density
Residential- 8 units per acre) District, based upon positive findings; 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 changes are consistent with and
furthers the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AS FOliOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. 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 West one-half rw Yz) of the Southeast one-quarter (SE Y4), of the Southeast one-quarter
(SE Y4), of the Southeast one-quarter (SE 1/4) of Section 14, Township 46 South, Range 42
East; together with the East 30.00 feet of the East one-half (E1/2) of the Southwest one-
2
ORD NO. 75-04
quarter (SW V4) of the Southeast one-quarter (SE 1/4), of Section 14, Township 46 South,
Range 42 East, lying within Palm Beach County, Florida, being more particularly described as
follows:
Begin at the northwest comer of Lot "B", Mil Atlantic according to the plat thereof as
recorded in Plat Book 95, Pages 167 through 169 of the Public Records of Palm Beach
County, Florida; thence South 00° 23' 40" East, along the West line of said Lot "B", a
distance of 695.82 feet to a point on the North line of the Lake Worth Drainage District L-34
Canal according to the Plat thereof as recorded in Plat Book 29, Page 35 and Chancery Case
No 407 as recorded in Official Records Book 6495, Pages 721 all of the Public Records of
Palm Beach County, Florida; thence South 89° 12' 56" West, along said North line, a
distance of 364.75 feet to a point on the West line of a 60 foot right-of-way easement as
recorded in Official Records Book 9354, page 983 of the Public Records of Palm Beach
County, Florida; thence North 00° 22' 47" West, along said West line, a distance of 694.06
feet to a point on the North line of said 60 foot right-of-way easement; thence North 88° 56'
17" East, along said North line and the South line of Tract 1, Delray Commons as recorded
in Plat Book 85, Pages 183 and 184 of the Public Records of Palm Beach County, Florida, a
distance of 364.59 feet to the point of beginning.
The subject property is located 710 feet south of West Atlantic Avenue and 260 feet west of
Military Trail.
Section 3 That the boundaries of the City of Delray Beach, 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 4 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.
Section 5 That this annexation of the subject property, including adjacent roads, alleys, or
the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for
such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current
requirements and conditions.
Section 6 That the Future Land Use Map designation of the subject property is hereby
officially affixed as MD (Medium Density Residential 5-12 du/ac).
3
ORD NO. 75-04
Section 7 That the City of Delray Beach elects to make this small scale amendment by
having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 8 That Chapter Two of the Land Development Regulations has been followed in
establishment of a zoning classification in this ordinance and the tract of land hereinabove described
is hereby declared to be in Zoning District RM (Medium Density Residential) District as defined by
existing ordinances of the City of Delray Beach.
Section 10 That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 11 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 12 That this ordinance shall become effective as follows: As to annexation,
immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31)
days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If
challenged, the effective date of this amendment shall be the date a final order is issued by the
Department of Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development permits, or land uses
dependent on this amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of
which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning,
2740 Centerview Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final reading on this the
_ clay of , 200_.
A TrEST
MAYOR
City Clerk
First Reading
Second Reading
4
ORD NO. 75-04
PLANNING AND ZONING BOARD
CITY OF DELRA Y BEACH ---STAFF REPORT ---
December 20, 2004
IV.B.
Future Land Use Map (FLUM) Amendment from HR-8 (High ResidentiaJ-
8 du/ac on the Palm Beach County Comprehensive Plan) to MD
(Medium Density Residential 5-12 du/ac) and rezoning from AR
(Agricultural Residential) to RM-10 (Medium Density Residential 10
du/ac) for a 5.82 acres property located on the west side of Military Trail
just 700' south of Atlantic Avenue.
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
Owner/Applicant......................... Home Devco Corporation of South
Florida
Agent.......................................... Miller Land Planning Consultants,
Inc.
Location...................................... West side of Military Trail,
approximately 700 ft. south of
West Atlantic Avenue.
Property Size... ....................... .... 5.82 Acres
Existing County Future Land Use
Map Designation ........................ HR-8 (High Density Residential - 8
units/acre)
Proposed City Future Land Use
Map Designation.........................
Existing County Zoning...............
Proposed City Zoning.................
Adjacent Zoning........... ... ..North:
East:
South:
West:
Existing land Use......................
Proposed Land Use....................
. '
Water Service.............................
Sewer Service.............................
MD (Medium Density Residential
5-12 units/acre)
AR (Agricultural Residential)
RM-10 (Medium Density
Residential - 10 units/acre)
City PC (Planned Commercial)
City RM-8
County RS (Single Family
Residential)
County AR
Vacant land .
Annexation with initial zoning of
RM-10 to obtain City services for
the construction of a town house
development.
Available via connection to an
e~isting 12" water main along the
eastside'of Military Trail and an 8"
main at the southeast corner of
the shopping center to the north.
Available via installation of a lift
station and connection to a 4 n
force main along the west side of
Military Trail.
IV.B.
ITEM BEFO~E THE BOARD
,
The action before the Board is that of making a recommendation to the City Commission on a
privately sponsored Voluntary Annexation, Future Land Use Map (FLUM) Amendment from
HR-8 (High Residential - 8 units/acre on the Palm Beach County Comprehensive Plan) to MD
(Medium Density Residential 5-12 units/ac) and rezoning from AR (Agricultural Residential) to
RM-10 (Medium Density Residential 6-12 units/acre) for a 5.82 acres parcel located on the
west side of Military Trail just 700' south of Atlantic Avenue.
Pursuant to Land Development Regulations (LOR) Section 2.2.2(E) (6), the Local Planning
Agency (Planning & Zoning Board) shall review and make a recommendation to the City
Commission with respect to a FLUM amendment and Rezoning of any property within the City.
BACKGROUND,/PROJI;QT Di:SØR.Pl1Øfl
. _ ,,'" '....,_. " ... - ~.- u
,I
the subject property is 5.82 acres located to the south of Points West Plaza and to the west of
the platted Mil-Atlantic parcels that front on Military Trail. The property is bound to the south
by the L WOO L -34 Canal. To the west are five parcels of approximately one acre each. The
western 60 feet of the subject property includes an access easement tract for these one acre
lots located to the west. The applicant has indicated that the current use of the access tract for
these lots will not be changed by this Voluntary Annexation. The subject property consists of 6
separate parcels with 5 owners plus the access tract described above. Three of these parcels
are undeveloped and the other three contain single family residential homes. The access to
these parcels is currently via the access tract and through the Points West Plaza. The
applicant has indicated that one out of the six (6) parcels have executed water service
agreement with the City of Delray Beach which contains a voluntary annexation.
The subject property is under the jurisdiction of Palm Beach County but in a designated
annexation area for the City of Delray Beach. The City has an advisory land use designation of
TRN (Transitional) that allows for residential development with a density between five and
twelve units per acre. The applicant has indicated that upon approval of the land use
amendment and rezoning, the subject property will be integrated with Lot "A' and "B" of the Mil-
Atlantic properties to the east for construction of a townhouse development.
An application is now before the Board regarding a Voluntary Annexation, FLUM Amendment
from HR-8 to MD and a Rezoning from AR to RM-10.
FUTURE<LAND USE MAP AMENDMENT ANALYSIS
'I
Current Land Use Desianation: The current land use map designation for the property is
County HR-8 (High Density Residential - 8 du/ac). The current City "advisory" designation is
TRN (Transitional).
Reauested Land Use Desianation: The requested Future land Use Designation is to City
MD (Medium Density Residential 5-12 du/ac).
Florida ~ Statutes 163.3187 - Small Scale Land Use Map Amendments: This Future land
Use Map Amendment is being processed as small scale development pursuant to Florida
Statues 163.3187. This statutes states that any local government comprehensive land use
amendments directly related to proposed small scale development activities may be approved
Planning and Zoning Board 1\ ing of 12120/04: Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amt;..dment
Page 2
without regard to statutory limits on the frequency of consideration of amendment (twice a
year), subject to the following conditions:
· The amendment does not exceed 10 acres of land;
· The cumulative effect of the amendments processed under this section shall not
exceed 120 acres within designated redevelopment and traffic concurrency
exception areas, or 60 acres annually in areas lying outside the designated
areas; and,
· The proposed amendment does not involve the same property, or the same
owner's property within 200' feet of property, granted a change within a period
of twelve months.
· That if the proposed amendment involves a residential land use, the residential
land use has a density of 10 units or less per acre except for properties that are
designated in the Comprehensive Plan for urban infill, urban redevelopment, or
downtown revitalization;
· The proposed amendment does not involve a text change to the goals, policies,
and objectives of the local government's comprehensive plan, but only proposes
a land use change to the Future land Use Map for a site-specific small scale
development activity; and,
· The property that is the subject of a proposed amendment is not located within
an area of critical state concern.
The Future land Use Map amendment involves a 5.82 acre area, thus the total area is less
than the 10 acre maximum. The property is not located within a designated redevelopment
area or traffic concurrency exception area. The proposed amendment to Medium Density has
a density range of 5-12 du/ac (MD) and is being proposed concurrently with a request for
annexation and initial zoning of RM-10 to accommodate a townhouse development. Staff is
recommending that given the adjacent development pattern a maximum density of 8 units per
acre should be applied. With or without this limit the property would be limited to ten or less
units per acre and therefore would not exceed the stated maximum. MD land use designation
allows consistent zoning districts which indude single family, and low and medium density
multiple family developments. This amendment along with other small-scale amendment
pro~essed this year, outside the designated areas, will not exceed 60 acres. This property has
not previously been considered for a land use amendment nor has the same property owners
properties been granted a land use change within 200' feet, within the last year. The
amendment does not involve a text change to the Comprehensive Plan and it is not located
within an area of crîtical state ..concern. Given the above, the proposed FlUM amendment can
be processed as a small scale amendment.
land Use Analysis:
Consistency Between the City and County Land Use Desianations:
The proposed City land Use Map Designation for the property is MD (Medium Density
Residential 5-12 du/ac). The existing County Future land Use Map Designation for the
property is HR-8 (High Density Residential - 8 du/ac). The City's MD Land Use Map
Planning and Zoning Board 1\ ing of 12/20/04: Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM ArnE.. .dment
Page 3
Designation is consistent with the County's HR-8 designation in that Medium Density
Residential is allowed. The current advisory "Transitional" residential designation allows
multiple family development as well as office and limited commercial development. The City's
FlUM designation as initially contained on the City's Future land Use Map adopted by
Ordinance 82-89 in November 1989, (and as formally amended subsequently) are deemed to
be advisory until an official Future land Use Map Amendment is processed.
Adiacent land Use Map Desianations. Zonina Desianations and land Uses:
The following zoning designations and uses abut the subject property:
Zoning Designation
Use
North: Planned Commercial (PC) Shopping Center (fka Babies "R" Us
Plaza)
South: Palm Beach County Single Family Single Family Subdivision (Country
Residential (RS) Club Acres)
East: Medium Density Residential (RM-8) Vacant land
West: Palm Beach County Agriculture Three Single-Family Residences &
Residential (AR) Three Vacant lots
North: North of the subject property, has a City land Use Designation of GC (General
Commercial) and is zoned PC (Planed Commercial). The property is developed and contains
a shopping center (fka Babies "R" Us Plaza).
South: To the south, across the l-34 Canal, has a Palm Beach County land use designation
lD (low Density Residential) and an advisory City land Use designation of low Density
Residential 0-5 du/ac. The property is zoned County RS (Single Family Residential). The
existing land use is a single family subdivision known as Country Club Acres.
West: The abutting property to the west has a Palm Beach County land use designation of
HR-8 with an advisory City land use designation of Transitional and is zoned AR (Agricultural
Residential). The existing land uses are three single family residences and three vacant lots.
East: ~ East of the property has a City land use designation of MD (Medium density Residential)
5-12 du/ac) and is zoned RM-8 (Medium density Residential - 8 du/ac). The property is
currently vacant.
Allowable land Uses:
Under the proposed Medium Density Residential 5-12 du/ac designation, residential zoning
districts which accommodate single family and multiple family units (R-1 thru R-1-AAA, Rl,
PRO, and RM) are allowed. The applicant has requested an initial zoning designation of RM-
10 (Medium Density Residential - 10 du/ac). This zoning is consistent with the proposed land
use designation.
Planning and Zoning Board ~ ing of 12/20/04: Staff Report
Gramercy - Annexation with Imtial Zoning of RM and Small-Scale FLUM Amt..;.Jrnent
Page 4
REQUIRED FIDINGS:
LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS:
Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain
findings must be made in a form which is part of the official record. This may, be
achieved through information on the application, written materials submitted by the
applicant, the staff report, or minutes. Findings shall be made by the body which has
the authority to approve or deny the development application. These findings relate to
the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and
Compliance with the land Development Regulations.
o Future Land Use Map: The resulting use of land or structures must be allowed in the
zoning district within which the land is situated and said zoning must be consistent'·
with the applicable land use designation as shown on the Future Land Use Map.
Pursuant to Land Development Regulations Section 3.1.1 (A) (Future Land Use Map), all
land uses and resulting structures must be allowed in the zoning district within which the
land is situated, and said zoning must be consistent with the land use designation as
shown on the Future Land Use Map. The proposed Medium Density Residential (RM)
zoning district is consistent with the proposed Medium Density Residential (MD) FLUM
designation. Multiple-family townhouse developments are allowed in an RM zoning district
as a permitted use at a base rate of six (6) units per acre. Increases above that density
are only allowed if the subsequent development substantially complies with the
performance standards listed in LDR Section 4.4.6(1). Compliance with these performance
standards will be assessed at site plan approval. Based on the above, positive findings can
be made with respect to FLUM consistency.
o Concurrency: Development at the highest intensity possible under the requested
designation can meet the adopted concurrency standards.
The proposal involves amending the FLUM designation from HR-8 to MD on six adjoining
parcels, which total approximately 5.82 acres. The proposed FLUM Amendment will result
in an increased impact on adopted concurrency standards. Concurrency findings with
respect to Parks and Recreation, Schools, Solid Waste, Traffic and Water and Sewer are
discussed below:
'to,
Parks and Recreation: The annexation of the property to accommodate a town house
development will create an additional impact on park and recreational facilities. The
proposed RM-10 zoning district will allow 58 units. While the recommended staff
designation of-'RM-8 wou1å allow a maximum of 46 on this property. Pursuant to Land
Development Regulations (LOR) Section 5.3.2, a park impact fee of $500.00 per dwelling
unit will be collected prior to issuance of a building permit for each unit. Based upon the
proposed FLUM Amendment and Rezoning, the maximum allowable density (10 du/ac)
would allow 58 dwelling units, thus requiring a park impact fee of $29,000 or at RM-8 a
park impact fee of $23,000.
Schools: A School Concurrency Application has been transmitted to the School District of
Palm Beach County for their consideration. The Palm Beach County School District has
Planning and Zoning Board" ing of 12/20/04: Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Amt." .Jment
Page 5
approved the development proposal for compliance with the adopted Level of Service for
School Concurrency.
Solid Waste: Three out the six subject properties currently contain single family homes and
therefore have a minor impact on this level of service standard. Assuming the proposed
maximum density (10 du/ac), the subject properties will generate 30.16 tons of solid waste
per year (0.52x58=30.16). The increase can be accommodated by existing facilities and
thus, will not have a significant impact on this level of service standard.
Water: Municipal water service is available via connection to a 12" water main located
along Military Trail, and also via an existing 8" main located on the southeast corner of the
abutting shopping center to the North (Points West Plaza). With future development of this
property, looping of these systems as well as 8" main extensions and stub outs to adjacent
properties will be required. Along the new mains, fire hydrants will have to be installed with
a minimum spacing of 300' feet if the proposed town houses are constructed as a 3 story
structures, or a 400 fèet spacing for multi-family structures up to 2 stories high. Pursuant-
to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment
Plant at build-out.
Sewer: Sewer service is available adjacent to the site via an existing 4" force main along
the west side of Military Trail. With future development, the installation of a lift station and
sewer main extensions to the west property line will be required. The lift station must be
designed to accommodate future developments to the west (approx. 6 acres). Country
Club Acres to the south is served by county services. Pursuant to the Comprehensive Plan,
treatment capacity is available at the South Central County Waste Water Treatment Plant
for the City at build-out.
o Consistency: The requested designation is consistent with the goals, objectives and
policies of the most recently adopted Comprehensive Plan.
The -following applicable Comprehensive Plan objective and policies are noted:
Future Land Use Element Policv A-1.7: Amendments to the FLUM must be based
upon the findings listed below, and must be supported by data and analysis that
demonstrate compliance with these findings:
Demonstrated Need -- That there is a need for the requested land use. The need
must be based upon circumstances such as shifts in demographic trends, changes
ilt the availability of land, changes in the existing character and FLUM designations
of the surrounding area, fulfillment of a comprehensive plan objective or policy,
annexation into the municipal boundaries, or similar circumstances. The need must
be supported by data and analysis verifying the changing demographics or other
circumstances. ' This r-e-quirement shall not apply to requests for the FLUM
designations of Conservation or Recreation and Open Space; nor shall it apply to
FLUM changes associated with annexations when the City's advisory FLUM
designation is being applied, or when the requested designation is of a similar
intensity to the advisory designation. However, the findings described in the
remainder of this policy must be addressed with all FLUM amendments.
, the proposal involves ~nnexation of unincorporated property which requires changing the
FLUM designation from County to City. The current County FLUM designation is HR-8 and
the current "advisory" designation is Transitional, which allows residential (single and
Planning and Zoning Board 1\ jng of 12120104: Staff Report
Gramercy - Annexation with Imtial Zoning of RM and Small-Scale FLUM Amt..¿.~ment
Page 6
multiple family, offices and retail). As the City's FLUM designation is being applied this
policy does not apply. However, it is noted that the proposed RM-10 designation would
allow a greater maximum density (10 du/ac) than is currently allow under the county
designation of (HR-8) which is 8 du/ac. Further more given the adjacent land use patterns
and density, a maximum density of 10 du/ac is not compatible. It is recommended later in
this report that a zoning suffix limiting the maximum development to 8 du/ac is more
compatible and appropriate.
Housinø Element Po lie V 8-2.2: The development of new adult oriented communities
within the city is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children,
and shall be required to provide 3 or 4 bedroom units and activity areas for children
ranging from toddlers to teens. This requirement may be waived or modified for
residential developments located in the downtown area, and for projects having
fewer than 25 units.
The subject property (5.82 acres) will be combined with the 7.81 acre (Mil-Atlantic Lot "A"
and "8") site (located to the east) to accommodate a 13.63 acre town house development.
The properties extensive frontage along Military Trail along with the depth provided by the
six (6) Gramercy parcels (subject of this annexation) is an appropriate location for a multi-
family development. Provided that the future townhouse development accommodates
households with a range of ages, with an activity area for toddlers and teens, and a varied
combination of bedrooms positive findings can be made with respect to this policy.
Future Land Use Element Objective A-1: Property shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate in terms of soil,
topographic and other applicable physical considerations; is complimentary to
adjacent land uses; and fulfills remaining land use needs.
The subject property does not have any unique environmental characteristics that would
prohibit development of the site or require mitigation measures. The property can be
developed in a manner that will be complimentary to the adjacent residential areas. Under
the MD FLUM designation, a range of 6 to 12 du/ac is allowed. As previously stated and
further discussed under the Zoning Analysis section of the report, development at the
maximum density is not complementary to the adjacent land uses. The requested zoning
designation of RM-10 will be incompatible with the adjacent development patterns.
However, if a zoning designation of RM-8 limiting the maximum development to 8 units per
acre is considered, similar to the properties along Military Trail and adjacent multifamily
residential properties in the area, a positive finding can be made. The property is bound on
the south by the LWDD L-34 Canal, and the north is the Points West Plaza. The requested
RM-10 zoning if reduced to a maximum of 8 dulac (RM-8) would be similar to properties to
the east and west (CocOflut Key). The property immediately to the west is currently
designated by the City with an advisory TRN (Transitional) land use designation and will
probably be developed under similar regulations and densities as the proposed RM-8 for
this subject property. It is noted to the west of these unincorporated parcels are city parcels
also limited to 8 du/ac. The existing single family subdivision located to the south has a
designated land use of LD (Low Density residential). The subdivision is separated by the
LWDD L-34 canal and landscape buffering will have to be provided around the perimeter of
the subject property to mitigate any potential impacts.
Planning and Zoning Board N :ng of 12/20/04: Staff Report
Gramercy - Annexation with Imtial Zoning of RM and Small-Scale FLUM Amt.,..Jment
Page 7
Compatibility -- The requested designation will be compatible with the existing and
future land uses of the surrounding area.
As described previously, if limited to a maximum density of 8 du/ac this designation will be
compatible with adjacent development patterns. Homeownership is a characteristic of this
designation. Consequently, compatibility with the abutting low density residential properties
to the south (Country Club Acres) and west (Breezy Acres) is not a major concern. With
development of the site as a town house development, the City requires that trees must be
installed every 25' along the south and west property line abutting single family residences.
Along with other LOR requirements this will assure compatibility with surrounding uses.
Compliance - Development under the requested designation will comply with the
provisions and requirements of the Land Development Regulations.
During the site plan review process the development proposal will be reviewed for
compliance with the LOR. The applicant has indicated intent to develop the pr!Jperties as a
multiple-family townhouse development, which is permitted under the requestèd RM zoning
district and is compatible with the proposed MD FLUM designation. At this time no issues
have been identified which would prohibit compliance with the requirements of the RM
zoning district. Buffering particularly with respect to the adjacent single family area to the
south will be required.
1-
Ä~N~XATION ANALYSIS
-t
Florida Statues Governing Voluntary Annexations:
Pursuant to the Florida Statutes 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".
Pursuant to F.S. 171.031 (13), an "enclave" is (1) any unincorporated improved or developed
area that is enclosed within and bounded by a single municipality and a natural or manmade
obstacle that allows the passage of vehicular traffic to that unincorporated area only through
the municipality.
. The property is contiguous with the City and reasonably compact. With regard to
creation of an enclave, in order to access the property one must first travel through
the City. Thus, the total 10 acres is currently an enclave. This action will reduce
this enclave which is consistent with Florida Statutes. As the remaining enclave now
will be ,under 10 acres the City in the near future will implement an interlocal
agreement with Palin Beach County and annex the balance of this enclave.
Land Development Reaulations Governing Annexations:
Pursuant to the Land Development Regulations 2.4.5 (C) (1) "the owner of land may seek the
annexation of contiguous property, under his ownership" pursuant to Florida Statutes. The
property owner has voluntarily petitioned for this annexation.
· ,
Planning and Zoning Board r 1ng of 12/20/04: Staff Report
Gramercy - Annexation with hudal Zoning of RM and Small-Scale FLUM Am~ Jment
Page 8
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Desianated annexation area: The territory to be annexed is located within the designated
annexation area "0" located on the west side of Military Trail south of Atlantic Avenue.
Annexation of the subject territory is consistent with the Future Land Use Element Policy B-
3.5, which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise.
CONCURRENCY:
Provision of Services: Future Land Use Element B-3.1 states that when annexation of
property occurs, services are to be provided in a manner which is consistent with services
provided to other similar properties already in the City. What follows is a discussion of
required services and the ll1anner in which they will be provided.
Police: The subject property is currently served by the Palm Beach County Sheriffs Office,
located at 345 South Congress Avenue, which serves the South County area. The property
lies within Sheriff Patrol zone 7. Zone 7 is bordered by Jog Road on the west, the Defray
Beach City Limits on the east, and Atlantic Avenue on the north and Clint Moore Road to the
south. One officer is assigned to a particular zone during a shift (three shifts per day). The
City of Delray Beach's Pqfice Department has 14 cars per shift patrolling a 15 square mile
area during the day and 15 cars during the night; and as a consequence, response time is
significantly improved upon annexation. Annexation will not require additional manpower
since the police currently pass the property during routine patrolling to the north, west and
east of the property.
Fire and Emerqencv Services: The municipal area is served by Fire Station No. 4 (Barwick
Road and Lake Ida Road). With annexation, the property will receive an improved response
time from the current 5.5 minutes of the County's Fire Department (Fire Station #42 located
on Hagen Ranch Road close to the Turnpike) to 2.5 minutes for the City's Fire Department
(Fire Station #4 located at Barwick and Lake Ida Road).
Water and Sewer: City services regarding water, sewer, schools, Parks and recreation have
previously been discussed under Future Land Use Analysis section of this report.
Streets: Access to the property is currently from Atlantic Avenue through the Points West
Plaza to the north which connects through a private access tract with cross access
ea~ements which run through and behind an existing shopping center. The applicant has
indicated that upon approval of the annexation, the subject property will be combined with Lot
"A" and Lot "B" of the Mil-Atlantic properties to the east and a site plan application will be
submitted for a town house development. Thereafter, the subject property will have direct
access to Military Trail which is under the jurisdiction of Palm Beach County. The
jurisdictional responsibility and associated road maintenance will not change upon
annexation. It is further noted that an access tract is dedicated along the north of the Mil-
Atlantic parcels to provide future access to the parcels that remain in the County. Access to
the remaining parcels west of this annexation request must be accommodated with future
development of these parcels. Abandonment of this existing easement will not be supported
unless other means of access from Military Trail is provided through this project.
A revised traffic study for the subject property has been submitted. A letter from the Palm
Beach County Traffic Division has been received stating that the proposal complies with the
Planning and Zoning Board N ng of 12/20/04: Staff Report
Gramercy - Annexation with Imtial Zoning of RM and Small-Scale FLUM Amb. .Ament
Page 9
Traffic Performance Standards in Article 12 of the Palm Beach County Land Development
Code. Based upon the above a positive finding with respect to traffic concurrency can be
made.
Financial Impacts:
Effect upon Annexed Property:
The following table depicts the current assessed value and total (County) taxes for the subject
property:
- :~~~~~~- r- ~SE~~:~
i# ¡ VALUE 2004
5040 $78,576.00
5050 $44,304.00
5060 $81,084.00
5070 $81,084.00
5080 $139,947.00
5650 $64,466.00
5600 $300.00
TOTAL $489,761.00
. .. - .': ;--.- . -;- "-1 ~:.;. ~-:--N' O--N'-- f':" .'
. :. '-I ." ,.- I . -
ADVALOREM ADVAlOREM TOTAL
. TAXES.' ·TAXES I TAXES
.. . .. . L
$1,533.00 $33.00 1,566.00
$864.00 $33.00 897.00
$1,582.00 $33.00 1,615.00
$1,582.00 $33.00 1,615.00
$2,730.00 $234.00 2,964.00
$1,257.00 $224.00 1,481.00
$5.85 $33.00 38.85
$9,553.85 $623.00 $10,176.85
--. .. - . --
TOTAL
MILLAGE
19.50977
19.50163
19.51063
19.51063
19.50738
19.49865
19.50163
19.50717
For the 2003 tax year the subject property (six parcels) had a combined assessed value of
$489,461. With the change from County to City jurisdiction, the following taxes and rates will
be affected:
.. NON-ADV~LOREM ...
TAXES
Fire/Rescue MSTU 251 142 259 259 448 206 0.96 1567 3.1990 DELETE -1,566.75
Palm Beach County Lib. 42 24 44 44 76 35 0.16 265 0.5406 DELETE -264.76
Palm Beach CO.Lib.Debt 3 2 3 3 6 3 0.01 20 0.0404 DELETE -19.78
Children Service Council 54 31 56 56 97 44 0.21 338 0.6902 338.02
Health Care District 86 49 89 89 154 71 0.33 539 1.1000 538.72
Palm Beach County 354 199 365 365 630 290 1.35 2204 4.5000 2,203.93
Palm Beach County Debt 21 12 22 22 37 17 0.08 131 0.2677 131.11
Florida Inland Navegation 3 2 3 3 5 2 0.01 19 0.0385 18.86
Public Schools Debt Servo 22 12 22 22 38 18 0.08 134 0.2740 134.20
Public Schools Loc.Board 204 115 210 210 363 167 0.78 1269 2.5920 1,269.47
Public Schools State Law 437 247 451 451 779 359 1.67 2726 5.5660 2,726.01
SFWMD District 47 26 48 48 84 38 0.18 292 0.5970 292.40
SFWMD Everglades Const 8 4 8 8 14 7 0.03 50 0.1021 49.99
City of Delray Beach 7.3700 Added (City) $3,609.54
City of Delray Beach Debt 0.6300 Added (City) $308.55
TOTAL ....... $1,533 $864 $1,582 $1.582 $2,730 $1,259 $5.85 $9,554 4.22001 Difference· $11,620.80
* Total tax millage in the county is 19.5075 mills while in the city the total millage is 23.7275
mills. Therefore the difference is 4.22001 mills.
Planning and Zoning Board IV ing of 12/20/04: Staff Report
Gramercy - Annexation with lnatial Zoning of RM and Small-Scale FLUM Am~ ...ment
Page 10
The current yearly ad valorem taxes are $9,554. With annexation the yearly ad valorem taxes
will be $11,620.80, (9,554+2,066.80=11,620.80); a tax difference of $2,066.80
(489,461 x4.2200/1 000=2,066.80). In addition to property taxes, the following Non Ad
Valorem fiscal responsibility will apply:
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. If the property is developed as a multiple
family complex or is subdivided for residential purposes, an assessment of $54.00 per unit
would be applied. A 25% discount from the assessment is available since the property is
within the Lake Worth Drainage District. An additional 25°t'o may be available if drainage is
retained on site. As the property is currently vacant, this assessment is not immediately
imposed. With the submittal of a future site plan, the storm water utility tax will be assessed.
Solid Waste Authority - The Military Trail annexation areas are serviced under a new
contract by Waste Management (pursuant to a contract awa~ded Octobe~_ 1, 2003). City's
contract is currently through Waste Management. 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 franchise may continue to provide such services to the
annexed area for five years or the remainder of the franchise term whichever is shorter".
Thus, the waste service provider will not change with annexation.
Resulting Impacts to Property Owner:
I-~G·:SUMMARY·.OF·IMPACTS ON 'THE GRAMEROY·-SQUARE PROPERTY
:; ·r"4~.'·¡ .:.:~. :..~:~ ··1 .... :~~:,~.<:~ FINANCIAL CONSIDERATIONS
AD VALOREM TAXES 2004
City Mills. County Mills
23.7275 - 19.5075 = 4.2200
NON>~~D VALOREM TAXES 2004
Storm Water Assessment
Solid Waste Collection remains ststic)
WATER & SewER UTILITY FEES
ANNUAL FINANCIAL IMPACT:
,:0=,,', .' .' .. . ~'. 'SERVICE CONSIDERATIONS . ,
Fire Response + Faster response from an estimated 5.5
minutes Coun to 2.5 minutes Ci }.
Faster response from an estimated 5.5
minutes (Coun to 2.5 minutes (Ci ).
Better response based upon more officers
in field; 14 patrol cars per shift daytime,
15 atrol cars durin the ni ht.
Pro-active vs. reactive opportunity to work
with fO e owners.
+ $2,066.80
$0.00
$0.00
$0.00
+ $2,066.80
Emergency Medical
St1fvices (EMS
Police
+
+
Code Enforcement
+
Fiscal Impacts to the City: At the 2003/2004 City operating milage of 7.37mills and debt rate
of 0.63 mills, the property will generate approximately $3.918.09 in new ad valorem taxes per
year. With future development, additional revenues will be realized through increased
assessment value, building permit fees, the annual collection of the storm water assessment
fee as well as utility taxes (9.5% electric, 7% telephone) and franchise fees on electric,
telephone, and cable.
Planning and Zoning Board P. jng of 12120/04: Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Am~. .Jment
Page 11
The annexation of the property to accommodate a town house development will create an
additional impact on park and recreational facilities. The proposed RM-10 zoning district will
allow a maximum of 58 dwelling units. Pursuant to Land Development Regulations (LOR)
Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance
of a building permit for each unit. Based upon the proposed FLUM Amendment and
Rezoning, the maximum allowable density (8 du/ac) would allow 46 dwelling units, this fee
may be reduced to $23,000.
I'~:{~~:':' .... .....:. ..... ..~fFISC·Al":IMPACT·1"O THE'CITY
AD VALOREM TAXES 2004
City of Delray Beach (7.37 Mills) $3,609.54
City of Delray Beach Debt (0.63 Mills) $308.55
SUB-TOTAL $3.918.09
NON-AD VALOREM TAXES
Storm Water Utility (47 Units @ $54) $2,538.00
SUB-TOTAL $6,456.09
PARK AND RECREATION IMPACT FEE
Future 47 townhouse development, $500 per unit $23,500.00
TOTAL $29,956.09
ZGNING~:ÄNÄL:vsís'" '
-;. y,,-,', ~,*, '~1-L -....·u'.'I. ~ . -.,.,'>'-~ -'>~ ,'-', . '":. ,... ,
I
Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and
Compliance with the development criteria of the LOR were previously discussed under the
"Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land
Development Regulations with respect to Standards for Rezoning Actions and Rezoning
Findings"are discussed below.
The proposed City zoning designation is RM (Medium Density Residential) while the current
County zoning designation is AR (Agricultural Residential).
The surrounding zoning designations are: County AR to the west; City RM to the east; City PC
(Planned Commercial) to the north; and County RS (Single Family Residential) to the south.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and
the following applicable objectives and policies are noted:
, . -
Housina Element Policy A-3.2 - The most restrictive residential zoning district that is
applicable given existing development patterns and typical lot sizes shall be applied to
these neighborhoods and affixed to the zoning map. Requests for rezoning to a
different zoning designation, other than Community Facilities, Open Space, Open Space
and "~ecreation, or Conservation shall be denied.
This policy relates to areas which are designated stable residential on the Residential
Neighborhood Categorization Map. The following table identifies the neighboring residential
developments and their respective densities:
Planning and Zoning Board f\ jng of 12/20104: Staff Report
Gramercy - Annexation with Initial Zoning of RM and Small-Scale FLUM Am." .dment
Page 12
Development
Count Club Acres
Breez Acres
The Hamlet
Le ac at Sherwood Forest
Coconut Ke
Sherwood Forest
Densi
3.5 du/ac
3.4 du/ac
1 du/ac
7.93 du/ac
8.00 du/ac
4.45 du/ac
The table indicates that the surrounding single family developments are less than 4.5 dwelling
units per acre. The two multiple family developments have a density less than 8.53 dwelling
units per acre. The Legacy at Sherwood Forest development is the most recently approved
multiple family project which has a density of less than 8 dwelling units per acre. Therefore, a
rezoning of the subject property with a maximum density cap of B (RM-B) would be more
consistent with direction given in Housing Element Policy A-3.2 as it would be more consistent
with the development pattern in the area.
Future Land Use Element Policy A-1.5 - As the City has an ample supply of housing
designed to accommodate its seasonal and retirement population, new residential
developments shall be designed for a balanced demographic mix of permanent year-
round residents. This shall be accomplished through the implementation of policies
from Objective 8-2 of the housing element.
Housina Element Policy 8-2.2 - The development of new adult oriented communities
within the City is discouraged. New housing developments shall be designed to
accommodate households having a range of ages, especially families with children, and
shall be required to provide 3 and 4 bedroom units and activity areas for children
ranging from toddlers to teens. This requirement may be waived or modified for
resid~f1tial developments located in the downtown area, and for infill projects having
fewer than 25 units.
The implementation of these two policies will be addressed during the site plan review process.
REQUIRED FINDINGS: (Chapter 3)
Previously discussed under Land Use section of this report
''It\
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
CONSISTENCY: Compliance with the peñormance standards set forth in LDR Section
3.2.2, along with"the requir-ed findings in LOR Section 2.4.5(D) (5), shall be the basis
upon which a finding of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in making a finding of
overall consistency.
Comprehensive Plan Policies: Consistency with the Comprehensive Plan was
previously discussed under the Future land Use Map Amendment analysis section of
this report.
Planning and Zoning Board ~ jng of 12/20/04: Staff Report
Gramercy - Annexation with Imtial Zoning of RM and Small-Scale FLUM Am.... 4ment
Page 13
Section 3.2.2 (Standards for Rezonina Actions): standard "B", "C", and "E" are not
applicable with respect to this rezoning request. The applicable performance standards
of Section 3.2.2 are as follows:
A) The most restrictive residential zoning district that is applicable given
existing patterns and typical lot sizes shall be applied to those areas
identified as "stable" and "stabilization" on the Residential Neighborhood
Categorization, Map. Requests for rezoning to a different zoning designation,
other than Community Facilities, Open Space, Open Space and Recreation, or
Conservation shall be denied.
The subject properties, as well as properties to the west (Coconut Key
Townhouses) and to the south (Country Club Acres) are noted as Stabilization area
on the Neighborhood Categorization Map. The rezoning is required with the
annexation request. The proposed RM-10 (Resid~ntial Medium Density 10 du/ac)
zoning designation is not consistent with the prevailing land use patterns and a
suffix of 8 du/ac limiting the maximum density should be applied.
D) That the rezoning shall result in allowing land uses which are deemed
compatible with adjacent and nearby land use both existing and proposed; or
that if an incompatibility may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
The initial RM-10 zoning designation will accommodate the proposed townhouse
development. Compatibility with adjacent residential development will be directly
related to the density assigned to future development. The City's RM zoning has a
range of 6-12 units per acre, with the maximum density determined based upon
compatibility with the surrounding properties, or application of a density suffix
through the rezoning process. The development potential of the property under the
County's HR-8land use designation is 47 units, which is equivalent to the maximum
allowed under the RM-8 zoning district.
The rezoning of the property with a greater density than RM-8 (Medium Density
Residential 8 du/ac) would result in an incompatibility with the existing residential
development pattern of the area.
The following zoning designations and uses border the property:
~ ~
Direction
ZoninQ
Uses
North
South
East
West
pç
County RS
RM-8
County AR
Babies uRn Us Plaza
Country Club Acres
Vacant Land
3 Single Family Homes & 3 Vacant Lots
The rezoning of the property to RM-8 would be the maximum density to retain
consistency with the neighborhood development pattern. This would also provide
an appropriate transition of density between the commercial use to the north of the
subject property and the adjacent single family neighborhoods. Thus, it is
appropriate to apply the subject property the density suffix of 8 units per acre.
Planning and Zoning Board f\ ing of 12/20/04: Staff Report
Gramercy - Annexation with Inítial Zoning of RM and Small-Scale FLUM Amt. .dment
Page 14
The RM zoning requires a 15' (side interior) and a 25' front and rear building
setback. Since the property may be developed as a townhouse development, trees
will have to be planted every 25' within the landscape strips abutting the single
family residences located to the west and south of the property. Additional
buffering will also be considered during the review of the site plan by the Site Plan
Review and Appearance Board.
Section 2.4.5 (0) (5) (Rezoning Findings):
Pursuant to Section 2.4.5 (D) (5), Pursuant to LDR Section 2.4.5(0) (5), in addition to
provisions of Chapter Three, 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; or
(c) That the requested zoning is of similar intensity as allowed under the Future
Land Use Map and that it is more appropriate for the property based upon
circumstances par:ticular to the site and/or neighborhood.
The applicant is applying for annexation of this property into the City and the annexation
requires that an appropriate zoning designation also be applied. The RM-8 is appropriate as it
is consistent with the County HR-8 and the proposed City Medium Density Residential 5-12
du/ac land use designations. Also, these FLUM and zoning designations are consistent with
those granted with the annexation of the property to the east in 1998.
Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the
unincorporated area of Palm Beach County. However, it is also within the City of Delray Beach
reserve annexation. The requested zoning is of similar intensity as allowed under the
proposed City MD Land Use Designation. Given the property's location the RM-8 zoning is
more appropriate for the property than the Current County zoning designation of AR
(Agricultural Residential). Based upon the above, this request does fulfill two of the reasons
identified under LOR Section 2.4.5(D) (5).
I '
*'
OTti~~ rfj;IVt~','
,
Access Easement
The subject property abuts a residential area to the west consisting of 6 lots, which are located
south of the Points West Plaza shopping center. The single family homes obtain access by
traveling through the parki~ng lot of the shopping center, which fronts in Atlantic Avenue. This
tortuous access makes it difficult for emergency vehicles to access the area in a timely
manner. With the development of the Gramercy property (combined with the Mil-Atlantic Lots
"A' and "B" to the east and south), an easement will be required through the property to allow
direct access from Military Trail to the subdivision.
Planning and Zoning Board 1\ ing of 12/20/04: Staff Report
Gramercy - Annexation with Imtial Zoning of RM and Small-Scale FLUM Amt;. .dment
Page 15
RI;VU;W~ct3'¥ Q;rlt~ß~
,-I
The subject properties are not in an area that requires review by the Community
Redevelopment Agency (CRA) or Downtown Development Authority (DDA).
Palm Beach County Notice:
On December 3, 2004 the Palm Beach County Planning Division was notified of the City's
intent to annex this property. Response has been received indicating that there are no
inconsistencies with Chapter 171, F.S.
Lake Worth Drainaae District:
On December 3, 2004 Lake Worth Drainage District was notified of the City's intent to annex
. - this property. Response has been received and additional right of way for the canal will be
required during the site plan development stage.
IPARC Notice:
Notice of the Future Land Use Amendment has also been provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
o Russel Mawson, Country Club Acres HOA
o Carolyn Zimmerman, President Council
o Herbert levine, Hamlet Residents Association
o Jayne King, PROD (Progressive Residents of Delray)
o Virginia Synder, Old School Square
o Fred and Sandy Beaumont, Country Club Acres HOA
Public Notice:
Formal public notice has been provided to property owners within a 500' radius of the subject
property. Attached is a letter of objection from an adjacent single property resident. Additional
letters of support or objection, if any, will be presented at the Planning and Zoning' Board
meeting.
ASSESMENT ~tip CONCLUSION
I
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its planning and service area. The City's MD land Use Map
Designation is consistent with the County's HR-8 designation in that Medium Density
Residential is allowed. The application of an initial zoning designation of RM-10 is not
compatible with the surrounding development pattern and thus, should be limited to 8 units per
acre which is consistent with the proposed FlUM designation, and with the zoning category
assigned for the property to the east.
Planning and Zoning Board f :ing of 12/20/04: Staff Report
Gramercy - Annexation with Irutial Zoning of RM and Small-Scale FLUM Am,- .4ment
Page 16
The annexation will provide with better Police, Fire, EMS and Code Enforcement services.
The property will experience a slight increase in ad valorem taxes. Upon development of the
property for residential purposes, storm water assessment fees will also be imposed.
The City will receive additional revenue from property taxes, in addition to storm water
assessment fees utility taxes, franchise fees, and licensing fees upon development. The total
immediate revenue increase is approximately $3,918.09, a year. With development of the
property, infrastructure improvements which include water and sewer main extensions to the
west side of Military Trail, and the installation of a lift station will offset the costs of providing
these services to the residents to the west.
If the annexation is approved, it is anticipated that a site and development plan will be
submitted. Compatibility of a specific development proposal with the adjacent developments
and the provision of direct access to Military Trail will be required at that time. Based upon the
above, the proposed Annexation, Future land Use Map Amendment and associated Rezoning
application should be approved.
ALTERNATIVE ACTIONS
, " -,
' ,
A. Continue with direction.
B. Move a recommendation of approval to the City Commission for the voluntary annexation,
FlUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and
the initial zoning designation of RM-8 (Medium Density Residential 8 du/ac) for the subject
property, by adopting the findings of fact and law contained in the staff report, and finding
that the request and approval thereof is consistent with the Comprehensive Plan and
meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the land
Development Regulations, subject to the following condition:
. That direct access to Military- Trail for properties west of this site be
accommodated through this site with future development.
C. Move a recommendation of approval to the City Commission for the voluntary annexation,
FlUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and
the initial zoning designation of RM-10 (Medium Density Residential 10 du/ac) for the
subject property, by adopting the findings of fact and law contained in the staff report, and
findÎng that the request and approval thereof is consistent with the Comprehensive Plan
~nd meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the land
Development Regulations, subject to the following condition:
. That direct acces~ to Military Trail for properties west of this site be
accommodated through this site with future development.
D. Move a recommendation of denial to the City Commission for the voluntary annexation,
FlUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and
the initial zoning designation of RM-10 (Medium Density Residential 10 du/ac) for the
subject property, by adopting the findings of fact and law contained in the staff report, and
finding that the request is inconsistent with the Comprehensive Plan, and does not meet
the criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the land Development
Regulations.
Planning and Zoning Board 1\ jng of 12/20/04: Staff Report
Gramercy - Annexation with InItial Zoning of RM and Small-Scale FLUM Am,- .Jment
Page 17
REC()MMèNDED:ie,;'
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E. Move a recommendation of approval to the City Commission for the voluntary annexation,
FLUM Amendment from County HR-8 to City Medium Density Residential 5-12 dulac, and
the initial zoning designation of RM-8 (Medium Density Residential RM - 8 du/ac) for the
subject property I by adopting the findings of fact and law contained in the staff report, and
finding that the request is consistent with the Comprehensive Plan, and does meet the
criteria set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development
Regulations, subject to the following condition:
. That direct access to Military Trail for properties west of this site be
accommodated through this site with future development.
Attachments: Location Map and Survey
Staff Report Prepared by: Estelio Breto, Senior Planner
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14 September 2004
Planning & Zoning Department
City Hall
100 NW 1st Avenue
Defray Beach, FL 3344
Attn: Estelio Breto
Ref Proposed Annexation, Future Land Use-File# 2004-291 & 2004-292
Board Meeting September 27, 2004
Mr. .Breto:
We åre writìng to express concerns we have for rezoning the 5-acre parcel noted in your advisory. We
live on the property adjacent to this land and we have the following concerns:
. This propo~ leaves oue properties totally land locked by the City of Delray B-eac¿us -
decreasing the value of our pro~ Our property w~ more desirable to builders as a 10-acre plot
located in one municipality, instead of your proposal to make 5-acres City and 5-acres County.
. Unacceptable access to our property originally granted by the County. We currently have to
access our properties via the P~ints West Plaza. (Note: These building are only feet off our
røadway. )
o Roadway frequently blocked by vehicles loading/unloading to the businesses.
o We know of three instances when emergency vehicles could not arrive in a tim~ly manner
due to the r:ound about way you have 'to access our property.
. Flooding. When the development is built the property will be raised making us more susceptible
to flooding. As it stand now our roadways flood due to rain water run off ftom the soopping
center.
We have attended meetings in the past~ such as Coconut Key, a sub-division adjacent to us on the west
side. We expressed concerns about flooding and 'security~ we were promised a fence and a fast growing
hedge. To date, there is neither a fence nor hedge instàlled. '
In addition you may ~r may nOt ~ a-Ware thåt we were also' wider CQntract with Home Devco, the saine
builder tŒtt is requesting this anneXat~n. They backed out jQ$t hours before the contract was suppose to
go hard. We feel this annexation request may be a~deliberate'plOy to lower our land value an<llimit the
aCcess S:Ø as to make it undesirable to any builder other than Home Devco.
. .
Fu¢ter we received a letter JÌom Anderson & CatÌ, a propçrty appraiSer hired'by the City of Delray,
bécause the City is ~terested in acquiring this land (mcludmg the portion you are considering for
annexation) for a park. Is this still a consideration?
--Qver-
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We are hereby giving notice that we may contest actioJlS ~en by the City ofDelray Beach at this
meeting on September 27 and ask in advance for a copy of the minutes as soon as they can be made
available.
. We thank you in advance for your consideration of our concerns.
Regards>
~?~¿- ~
Roger bbms-
b~/~
Barbara Robbins
'~.
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MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CIìY MANAGERet1
AGENDA ITEM # 'ðB - REGULAR MEETING OF JANUARY 18,2005
ORDINANCE NO. 79-04
TO:
SUBJECT:
DATE:
JANUARY 14,2005
This Ordinance is before Commission for second reading and quasijudicial hearing for a privately initiated
amendment to Land Development Regulations (LDR) Section 4.4.24, "Old School Square Historic Arts
District" (OSSHAD), Subsection 4.4.24(B), "Principal Uses and Structures", and Subsection 4.4.24(F),
"Development Standards", to allow the permitted uses and development standards of the Central
Business District (CBD) zoning district to apply to the south 34.75 feet of Lot 6, Block 75.
A development proposal was submitted for a mixed-use development for Lots 5 through 8 and Lots 13
through 16, Block 75. Lots 13 through 16 are zoned CBD and Lots 5 through 8 are zoned OSSHAD.
Accompanying the development request was an LDR text amendment to include Lot 5 and Lot 6 in the
list of properties that could be developed pursuant to the CBD development standards.
At its meeting of September 15, 2004, the Historic Preservation Board recommended approval of the
text amendment. The Planning and Zoning Board recommended denial at its meeting of September 27,
2004. The City Commission considered the text amendment at its meeting of November 2, 2004 and
postponed the ordinance on first reading at the request of the applicant.
The applicant revised the LDR text amendment proposal to include the south 34.75 feet of Lot 6 as the
property to be developed pursuant to the allowed uses and development standards of the CBD zoning
district. The remainder of Lot 5 and Lot 6 would continue to be developed under the OSSHAD district
regulations providing a transition between CBD to the south and OSSHAD to the north.
At its meeting of December 15, 2004, the Historic Preservation Board recommended approval. On
December 20, 2004, the Planning and Zoning Board held a public hearing regarding this item. There
were two members of the public who spoke in opposition to the amendment. After discussing the
amendment, the Board voted 4-1 to recommend to the City Commission approval of the proposed
amendment, by adopting the findings of fact and law contained in the staff report, and fmding that the
request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section
2.4.5(M) (Amendment to the Land Development Regulations).
At the ftrst reading on January 4, 2005, the Commission passed Ordinance No. 79-04.
Recommend approval of Ordinance No. 79-04 on second and final reading.
S:\City Clerk\agenda memos.Ord 79.04.0SSHAD Amending 4.4.4(8) & (F)
FROM:
CITY COMMISSION DOCUMENTATION
D VI . HA D , CI MANAGER
SCOTT PAPE, SENIO PLANNER Yo¡IZ--
MEETING OF JANUARY 4, 2005
PRIVATELY INITIATED AMENDMENT TO LDR SECTION 4.4.24(B) & (F) BY
ALLOWING THE PERMITTED USES AND DEVELOPMENT STANDARDS IN THE
CENTRAL BUSINESS DISTRICT (CBD) TO APPLY TO THE SOUTH 34.75-FEET OF
LOT 6, BLOCK 75 OF THE TOWN OF DELRAY SUBDIVISION.
01\.
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TO:
THRU:
SUBJECT:
BACKGROUND AND ANALYSIS
A development proposal has been submitted for Lots 5 through 8 and 13 through 16, Block 75 of the
Town of Delray subdivision for a mixed-use development (commercial and residential uses). Lots 13
through 16 are zoned CBD and Lots 5 through 8 are zoned OSSHAD. Lots 7 and 8 are subject to the
CBD development regulations while Lots 5 and 6 are subject to the development standards of
OSSHAD. Accompanying the development request was an LDR text amendment to include Lot 5 and
Lot 6 in the list of properties that could be developed pursuant to the CBD development standards.
At its meeting of September 15, 2004, the Historic Preservation Board recommended to the City
Commission approval of this LDR text amendment. At its meeting of September 27, 2004, the
Planning and Zoning Board recommended denial of the text amendment. The City Commission
considered this text amendment at its meeting of November 2, 2004 and postponed the ordinance on
first reading at the request of the applicant.
The applicant has revised the LDR text amendment proposal. The request now includes only the
south 34.75' of Lot 6 as the property which could be developed pursuant to the allowed uses and
development standards of the CBD zoning district. The remainder of Lot 5 and Lot 6 would continue
to be developed under the OSSHAD district regulations providing a transition between CBD to the
south and OSSHAD to the north.
Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be
initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual
may request an amendment. The proposed amendment is a privately initiated text amendment to the
Land Development Regulations.
REVIEW BY OTHERS
Community Redevelopment Aaencv:
The CRA considered the text amendment at its meeting of December 9,2004 and unanimously (4-0)
recommended approval.
Pineapple Grove Main Street Executive Committee:
At its meeting of December 1, 2004, the Pineapple Grove Main Street Executive Committee
considered the LDR text amendment and recommended approval.
\CJE
Historic Preservation Board:
At its meeting of December 15, 2004, the Historic Preservation Board considered the LDR text
amendment to Sections 4.4.24(B) & (F), and the Board unanimously recommended approval.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board held a public hearing regarding this item at its meeting of December
20, 2004. There were two people from the public that expressed opposition to the proposed text
amendment. After discussing the amendment, the Board voted 4-1 (Kincaide dissenting) to
recommend to the City Commission approval of the proposed amendment to Land Development
Regulation Sections 4.4.24(B) and (F), by adopting the findings of fact and law contained in the
attached Staff Report and finding that the request is consistent with the Comprehensive Plan and
meets the criteria set forth in LDR Section 2.4.5(M)(5).
RECOMMENDED ACTION
Move to approve the privately initiated Land Development Regulation Text Amendment for the
Pineapple Grove Limited Mixed-Use Project to allow the permitted uses and development standards
of the CBD to apply to the southerly 34.75-feet of Lot 6, Block 75 of the Town of Delray Subdivision
by adopting the findings of fact and law contained in the attached Staff Report and finding that the
request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section
2.4.5(M)(5).
Attachment: Map of OSSHAD Zoned Properties that are Subject to CBD Development Standards.
Planning and Zoning Memorandum Staff Report of December 20, 2004 and Proposed
Ordinance.
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CITY 0.- DELRAY BEACH, FL
PLANNING &. ZONING DEPARTMENT
- - DIGITAL BASE MAP SYSTEM --
OSSHAD LOTS SUBJECT TO C.B.D. REGULATIONS
........ OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)
. - PROPOSED LOTS
@ @Y- BLOCK NUMBER
5 - LOT NUMBER
~ - EXISTING LOTS
MAP REf' LMAI22
ORDINANCE NO. 79-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION
4.4.24(B), "PRINCIPAL USES AND STRUCTURES" TO INCLUDE
AN ADDITIONAL PROPERTY THAT IS ALLOWED THE
PERMITTED USES OF THE CBD ZONING DISTRICT; AMENDING
SUBSECTION 4.4.24(F), "DEVELOPMENT STANDARDS", TO
INCLUDE AN ADDITIONAL PROPERTY IN THE OSSHAD
DISTRICT THAT IS SUBJECT TO THE STANDARDS OF THE
CBD ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on December 20, 2004
and voted 4 to 1 to approved the amendments; 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 goals, 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 Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsection 4.4.24(B), "Principal Uses and Structures" of the Code of Ordinances of the Land
Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(B) Principal Uses and Structures: The following types of uses are allowed within the
OSSHAD as a permitted use:
(1) Residential uses of single family detached dwellings and duplexes.
(2) Business, Professional, and Governmental Offices.
(3) Retail sales through specialty shops (single purpose businesses) such as:
bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle
shops.
(4) Arts related businesses such as craft shops, galleries, and studios within
which is conducted the preparation of, display of, and/or sale of art products such as antiques,
collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture,
stained glass.
(5) Educational and/or Instructional activities including training, vocational, or
craft schools, the arts, personal development, and libraries, museums, and social and
philanthropic institutions.
(6) Restaurants of a sit down nature such as a cafe, snack shop, full service
dining but excluding any drive-in and/or drive-through facilities or features.
(7) Providing of personal services such as barbershops, beauty shops, salons,
cosmetologists.
(8) Bed and Breakfast Inns.
(9) Catering services not associated with a restaurant, subject to the special
regulations of Section 4.4.24(H).
(10) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1).
(11) Within the following described areas, the uses allowed as permitted uses in
Section 4.4.13(B) pursuant to the base district and special provisions of the Central Business
District regulations shall also be allowed in the OSSHAD:
(a) Lots 13-16, Block 60
(b) Lots 1-4, Block 61
(c) Lots 1-7 and 19-24, Block 69
(d) Lots 7-8 and the South 34.75 feet of Lot 6. Block 75: and
(e) Lots 1-6, Block 76
Section 2. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)",
Subsection 4.4.24(F), "Development Standards", of the Code of Ordinances of the Land
Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(F) Development Standards: The development standards as set forth, for the OSSHAD
District, in Section 4.3.4 apply, except for:
(1) The following locations shall be subject to the standards of the CBD Zone District:
2
ORD. NO.79-04
(a) Lots 13-16, Block 60
(b) Lots 1- 4, Block 61
(c) Lots 1- 7 and 19-24, Block 69
(d) Lots 7- 8 and the South 34.75 feet of Lot 6. Block 75; and
(e) Lots 1- 6, Block 76
(2) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street
(Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the Banker's
Row Development Plan, whichever is more permissive.
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 all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective upon its adoption on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _
day of , 2005.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
3
ORD. NO.79-04
MEETING DATE:
DECEMBER 20, 2004
IV.C. PRIVATELY INITIATED AMENDMENT TO LDR SECTION
4.4.24(8) & (F) BY ALLOWING THE PERMITTED USES AND
DEVELOPMENT STANDARDS IN THE CENTRAL BUSINESS
DISTRICT (CBD) TO APPLY TO THE SOUTH 34.75-FEET OF
LOT 6, BLOCK 75 OF THE TOWN OF DELRAY SUBDIVISION.
AGENDA ITEM:
The item before the Board is that of making a recommendation to the City Commission
regarding a privately initiated text amendment to the Land Development Regulations (LDR)
Sections 4.4.24(B) & (F). The applicant proposes to amend the Old School Square Historic
Arts District (OSSHAD) regulations by allowing the permitted uses and development
standards in the Central Business District (CBD)[LDR Section 4.4.13] to apply to the southern
34.75-feet of Lot 6, Block 75 of the Town of Delray subdivision. This lot is located on the east
side of NE 1st Avenue, approximately 163' north of NE 1st Street.
A development proposal has been submitted for Lots 5 through 8 and 13 through 16, Block
75 of the Town of Delray subdivision for a mixed-use development (commercial and
residential uses). Lots 13 through 16 are zoned CBD and Lots 5 through 8 are zoned
OSSHAD; however Lots 7 and 8 are subject to the CBD regulations. Lots 5 and 6 are
currently subject to the development standards of OSSHAD and contain an existing two-
story, 6-unit multiple family structure and a duplex (8 total dwelling units). The duplex was
constructed in 1950 and the 6-unit structure was constructed in 1972. The existing density
for these two lots is approximately 22 dwelling units per acre. Lots 7 and 8, which were the
former site of Neal's Market and Jo's Back Room, are currently vacant. The buildings,
constructed in 1925, 1954, and 1960, were all demolished in 2001. Lots 13 through 16
contain an auto parts business in a 4,854 square foot building, constructed in 1985 and an
8,556 square foot retail building, constructed in 1965.
At its meeting of September j 5, 2094, the Historic Preservalion Board recommended to the
City Commission approval of a-request to include a portion of Lot 5 and all of Lot 6, Block 75,
in the list of properties that can be developed pursuant to the CBD development standards.
At its meeting of September 27, 2004, the Planning and Zoning Board recommended to the
City Commission denial of the text amendment. The City Commission considered this text
amendment at its meeting of November 2,2004 and postponed the ordinance on first reading
at the request of the applicant.
Meeting Date: December 20, 2004
Agenda Item: IV.C.
Planning and Zoning Board Staff Report
LDR Text Amendment - Pineapple Grove Limited
Page 2
'\¡.
The applicant has revised the LOR text amendment proposal. The proposal now includes
only the south 34.75' of Lot 6 as being developable pursuant to the allowed uses and
development standards of the CBO zoning district, which is now before the Board.
)
I
Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations
may be initiated by the City Commission, Planning and Zoning Board or City Administration;
or an individual may request an amendment. The proposed amendment is a privately initiated
text amendment to the Land Development Regulations.
CBD Permitted Uses (LDR Section 4.4.24(B)):
In 1990, with the Citywide rezoning, the OSSHAD (Old School Square Historic Arts District)
zoning district was created and applied to properties located within the historic district,
including Lots 5 through 8. Lots 5 and 6 were rezoned from RO (Residential Office) to
OSSHAO. Lots 7 and 8 were rezoned from GC (General Commercial) to OSSHAD. The
OSSHAO zoning was, and continues to be, a district that provides for mixed uses of
residential, office, and commercial activities, and promotes the restoration and reuse of
existing structures. Permitted uses include single family and duplex dwellings, offices, retail
shops, restaurants, arts related businesses, training and vocational schools, libraries and
museums, barber and beauty shops, and bed and breakfast inns. Allowed as conditional
uses are multi-family dwellings in a mixed-use structure, outdoor dining, various types of
residential care facilities (Le. Adult Congregate Living Facilities, alcohol and drug abuse
treatment facilities, nursing homes), parking lots not associated with a use (Le. public
parking), and resiqential inns.
ì
}
There are several lots located within OSSHAD that may be developed in accordance with the
permitted uses and development standards of the CBD. These lots, which are identified in
the attachment, include the blocks fronting on Atlantic Avenue on either side of Swinton
Avenue (excluding the Old School Square complex), the Neal's Market property, and the east
half of Block 76 across from Old School Square. These lots were so identified because their
existing or potential uses and/or development pattern were more typical of the CBO than
OSSHAO zoning.
The effect of the revised amendment would be to add the southern 34.75 feet of Lot 6, Block
75, to the list of proþ'erties that càn be developed pursuant to the CBD development
standards. The proposed changes would increase the types of permitted uses that could be
established and allow for a wider. range of retail, service, and office uses, as well as higher
density multi-family residential development.
The amendment as submitted modifies LOR Section 4.4.24(B), to allow permitted uses
pursuant to the CBD district which will accommodate stand alone multi-family uses which are
not currently allowed, and at residential densities up to 30 dwelling units per acre. Currently, _)
a maximum density of 10.89 du/ac is allowed in the OSSHAO with residential units limited to
single family, duplex or up to maximum of two residential units in a mixed-use structure. The
amendment would permit similar uses as allowed on the adjacent Lots 7 and 8 [also zoned
Planning and Zoning Board Staff Report
LDR Text Amendment - Pineapple Grove Limited
Page 3
OSSHAO], which are also part of this overall development. Pursuant to LOR Section
4.4.24{B){11), special consideration was given to Lots 7 and 8 given the commercial
development history (Neal's Market) of these lots prior to the establishment of the OSSHAD
zoning district.
CBD Development Standards (LDR Section 4.4.24(F):
The applicant has revised the LOR text amendment request to allow the development
standards of the CSO to apply to only the southern 34.75 feet of Lot 6. These development
standards would allow the increase in the height of the building, reduce the setbacks,
increase the lot coverage, reduce the required open space and increase the allowed ratio of
floor area for residential units within a mixed-use development. The result of this text
amendment would allow an increase in height from 35' to 48'. However, it is noted that per
the OSSHAD text amendment adopted on November 16, 2004, an increase in height above
48' is not allowed The proposed text amendment would increase the maximum lot coverage
from 40% to 900/0 and the reduction of the minimum open space requirement from 25% to
10%. The text amendment would allow parking within the front yard. The parking for a
mixed-use development would need to comply with the CSD requirements, which are
typically greater for commercial uses and less for multiple family units. The restriction within
the OSSHAO zoning district that limits the residential floor area to not more than 50% of a
mixed-use building would be eliminated. The following table identifies the changes in the
setback requirements between the OSSHAD and CSO zoning districts that would result due
to the proposed text amendment noting that the proposed development was submitted prior
to adoption of the downtown design guidelines:
*When there is no dedicated access to the rear of any structure a 10' side yard setback shall
be provided.
Comprehensive Plan Policies:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted
and the following applicable objectives or policies were noted;
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. -
. -
Future land Use Element Obiective A-1 - Property shall be developed or redeveloped
in a manner so that the future use and intensity is appropriate and complies in terms
of soil, topographic, and other applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
The property subject to the proposed LOR text amendment is 34.75' wide by 135' deep
(4,691.25 square feet). The property to the south (Lots 7 and 8) were formerly occupied by
Neal's Market and have the same zoning designations as the subject property. These lots
are zoned OSSHAD but are allowed the permitted uses and are subject to the development
standards of the CBO zoning district. The text amendment associated with the subject
Planning and Zoning Board Staff Report
LOR Text Amendment - Pineapple Grove Limited
Page 4
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property would be complimentary to this property. Furthermore~ the text amendment would
not create an inconsistency since the southern portion of Lot 5 and remaining portion of Lot 6
are a developable tract of land (8,000 sq.ft. minimum lot size required in OSSHAO) and
would maintain the transition between the properties subject to the CBO zoning district
regulations and the OSSHAD district.
)
Future Land Use Element Policv A-4.1 - Prior to approval or recommending approval
of any land use or development application for property located within a historic
district or designated as a historic site, the Historic Preservation Board must make a
finding that the requested action is consistent with the provisions of Section 4.5.1 of
the Land Development Regulations relating to historic sites and districts and the
"Del ray Beach Design Guidelines".
Housina Obiective A-12: To assist residents of the City in maintaining and enhancing
their neighborhood environment, the City shall take steps to ensure that modifications
in and around the neighborhood do not lead to its decline, such as those described in
the following policies.
Housina Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes
and circulation patterns shall be reviewed in terms of their potential to negatively
impact the safety, habitability and stability of residential areas. If it is determined that
a proposed development will result in a degradation of any neighborhood, the project
shall be modified accordingly or denied.
The increase in the intensity associated with the additional 34.75'-wide strip of land will be
negligible. Since the majority of Lots 5 and 6 will remain under the requirements of the
OSSHAD zoning district, a sufficient transition between the subject property and the historic
district will be provided.
Pursuant to LOR Section 2.4.5(M)(5), the City Commission must make a finding that the text
amendment is consistent with and furthers the goals, objectives, and policies of the
Comprehensive Plan. While the proposed amendment does not fulfill a specific goal,
objective or policy, the proposal is not inconsistent with them.
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The proposed LOR text amendment is for a 34.75'-wide strip of land that will allow the
permitted uses and development standards of the CBO zoning district to apply to the
OSSHAD zoned property. A positive finding can be made that the text amendment is
consistent, with Comprehensive Plan and LOR Section 2.4.5(M)(5) since the remaining
portions of Lot 6 and the southerly portion of Lot 5 will remain under the guidelines of the
OSSHAO zoning district and provide sufficient transition to the balance of the historic district. H~)
Further, the increase in the intensity of the 34.75'-wide strip will be negligible.
Planning and Zoning Board Staff Report
LDR Text Amendment - Pineapple Grove Limited
Page 5
I
By motion, recommend to the City Commission approval of the Land Development
Regulation Text Amendment for the Pineapple Grove Limited Mixed-Use Project to allow the
permitted uses and development standards of the CBO to apply to the southern 34.75-feet of
Lot 6 by adopting the findings of fact and law contained in the Staff Report and finding that
the request is consistent with the Comprehensive Plan and meets the criteria set forth in LOR
Section 2.4.5(M)(5).
Attachments:
. Proposed Amendment
. Location Map/OSSHAD Lots Subject to CBO Regulations
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-
Planning and Zoning Board Staff Report
LDR Text Amendment - Pineapple Grove Limited
Page 6
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PROPOSED LDR AMENDMENT FOR BLOCK 75
(8) Principal Uses and Structures
(11) Within the following described areas, the uses allowed as permitted
uses in Section 4.4.13(B) pursuant to the base district and special provisions of the Central
Business District regulations shall also be allowed in the ass HAD:
(a) Lots 13-16, Block 60;
(b) Lots 1-4, Block 61;
(c) Lots 1-7 and 19-24, Block 69 [Amd. Ord. 47-99 1/4/00];
(d) Lots 7-8 and the South 34.75-feet of Lot 6. Block 75: and
(e) Lots 1-6, Block 76.
(F) Development Standards:
(1) The following locations shall be subject to the standards of the CBD Zone
District:
(a) Lots 13-16, Block 60;
(b) Lots 1- 4, Block 61;
(c) Lots 1- 7 and 19-24, Block 69 [Amd. Ord. 47-99 1/4/00];
(d) Lots 7- 8 and the South 34.75-feet of Lots 6. Block 75; and
(e) Lots 1- 6, Block 76.
)
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MEMORANDUM
SUBJECT:
MAYOR AND CITI COMMISSIONERS
CITY MANAGER t7f1
AGENDA ITEM # \CQ.- - REGULAR MEETING JANUARY 18" 2005
ORDINANCE NO. 74-04
TO:
FROM:
DATE:
JANUARY 14,2005
This Ordinance is before Commission for second reading and second public hearing to amend Land
Development Regulations (LDR) Section 4.6.9(E), "Location of Parking Spaces", relating to in-lieu
fees and amending Appendix "A", "Deftnitions", by enacting a deftnition for new development,
redevelopment, and in-fill development.
At ftrst reading on January 4, 2005, the City Commission passed Ordinance No. 74-04.
Recommend approval of Ordinance No. 74-04 on second and final reading.
S:\City Clerk\agenda memos\Ord. 74-04.In-Lleu Fees.01.18.0S
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CITY COMMISSION DOCUMENTATION:
TO: DA~A «ITV MANAGER
THRU: ¿~ORLlNG, ECTOR OF PLANNING & ZONING
FROM: ~ SCOTT ARONSO , PARKING MANAGEMENT SPECIALIST
SUBJECT: MEETING OF JANUARY 4, 2005 - REGULAR AGENDA
ADOPTION OF ORDINANCE 74-04 AMENDING LAND
DEVELOPMENT REGULATIONS (LDR) SECTION 4.6.9(E)
RELATING TO IN-LIEU FEES AND AMENDING APPENDIX "A"
BY ENACTING DEFINITIONS FOR NEW DEVELOPMENT AND IN-
FILL DEVELOPMENT
BACKGROUND AND ANALYSIS:
At the City Commission meeting of September 21, 2004 Staff presented
Ordinance 35-04 which contained recommended changes to the in-lieu parking fee
section of the LDR. The ordinance contained the following provisions:
· Limiting the number of in-lieu spaces to three (3) or seven (7) based on
Geographic areas;
· Not allowing the purchase of in-lieu spaces if the proposed request
requires the elimination of existing parking spaces;
· Requiring all new development or redevelopment entailing the demolition
and reconstruction of buildings to provide all required parking;
· The creation of Area 5 which raises the in-lieu fees from $6,000 to
$12,000 in this area;
· Allows partial crediting to developers for the construction of on-street
parking spaces adjacent to projects rather than reimbursement of the cost
of construction;
· Develops a shared parking program through incentives to utilize private
parking lots during off hours of the principal use.
City Commission denied the ordinance over concerns with limiting the number of
in-lieu spaces and the shared parking program. City Commission at their
Workshop of November 9, 2004 directed staff to modify the ordinance to include
the following:
1. Require new development to provide all required parking and impose a
restriction for the purchase of in-lieu spaces to accommodate an expansion
\Q~
City Commission Staff Report
Proposed Ordinance 74-04
January 4, 2005
Page 2
or change of use for two (2) years from the issuance of the Certificate of
Occu pancy;
2. Prohibit the purchase of in-lieu spaces to accommodate the expansion of a
use which eliminates existing parking spaces (except for in-fill
development);
3. Retain the definitions for new development and in-fill development to
differentiate new development from in-fill development. This would allow the
elimination of parking spaces in the case of in-fill development consistent
with the direction of the Downtown Master Plan.
4. Expanding Area 2 rather than creating a new Area 5 and increase the in-
lieu of fee from $6,000 to $12,000 per space for this expanded area and;
5. Allowing partial credit for spaces constructed in the public right-of-way
instead of refunding construction costs.
Ordinance 74-04 incorporates these modifications and is attached for your review.
REVIEW BY OTHERS:
The Parking Management Advisory Board, at their meeting of November 16, 2004,
unanimously recommended approval of the proposed changes.
The Community Redevelopment Agency, at their meeting of December 9, 2004,
unanimously (4-0) recommended approval of the proposed ordinance,
This item was presented to the Downtown Development Authority at their meeting
of December 13, 2004. Whereas the Board supported the proposed modifications
there was a concern with regards to the two (2) year prohibition for new
construction (see attached).
II
RECOMMENDED ACTION:
Move approval of Ordinance 74-04 by adopting the findings of fact and law
contained in the staff report, and finding that the proposed Ordinance 74-04 and
approval thereof is consistent with the Comprehensive Plan and meets criteria set
forth in Section 2.4.5(M) of the Land Development Regulations.
Attachments:
o DDA Comment
o Proposed Ordinance 74-04
Page 1 of 1
Aronson, Scott
From: Rita Ellis [Rita@ClimateControIServices.com]
Sent: Tuesday, December 21,2004 12:40 PM
To: Aronson, Scott
Subject: In- Lieu Parking Fees
Scott;
I would like to clarify the DDA's position on the changes to the in-lieu parking fees and rules. The DDA
supports in general the changes presented at our meeting. The DDA does not support the two year wait for
property owners to request changes and the ability to request in-lieu parking. This has the potential to have
commercial building vacant for long periods of times. This would not be in the DDA's best interest.
Scott, if you should have any further questions, please feel free to contact me.
Rita Ellis
Chairman
Downtown Development Authority
12/21/2004
ORDINANCE NO. 74-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 4.6.9,
"OFF-STREET PARKING REGULATIONS",
SUBSECTION 4.6.9(E), "LOCATION OF PARKING
SPACES" TO PROVIDE FOR CHANGES IN THE IN-
LIEU PARKING FEE, ALTERNATIVES TO
PURCHASING IN-LIEU FEE PARKING SPACES, AND
AMENDING THE IN-LIEU FEE DISTRICT MAP TO
REFLECT EXPANSION OF AREA 2; AMENDING
APPENDIX "A" BY ENACTING A DEFINITION FOR
"NEW DEVELOPMENT AND IN-FILL DEVELOPMENT";
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board reviewed the proposed text amendment at a public hearing held on
, and voted _ to _ to recommend that the changes be approved;
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 goals, objectives and policies of the
Comprehensive Plan.
WHEREAS, the City Commission of the City of Delray Beach adopts the
findings in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the
ordinance is consistent 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 the recitations set forth above are incorporated herein.
Section 2. That Section 4.6.9, "Off-Street Parking Regulations", Subsection
4.6.9(E), "Location of Parking Spaces" of the Code of Ordinances of the Land
Development Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(E) Location of ParkinQ Spaces:
(1) Street parking, parking located in the public right-of-way, or parking
located in public parking facilities shall not be used to satisfy on-site parking
requirements. The terms "on-site parking" and "off-street parking" are synonymous.
However, pursuant to the requirements of Section 4.6.9(E)(3)(e) the cost of construction
of additional on-street public parking may bo usod to offsot the total doll3r amount duo
undor 3n in liou roo 3groement ~Nith the City. reduce the number of in-lieu spaces
re~uired.
(2) Required off-street parking shall be provided on the same lot, or
parcel, as the building and uses for which it is required, except as provided for within
this Subsection (E).
(3) In-Lieu Fee: If it is impossiblo or inappropriato to provido the
roquirod number of on sito or off sito parking sp3ces, tho City
Commission m3Y 3ppro~/e tho paymont of 3 roo in lieu of providing
such required parking, pursuant to tho follo\·.fing provisions When a
reouirement for additional parkino results from in-fill development.
or from a chanoe in use, or addinQ floor space to an existinQ
buildino: the City Commission may approve the payment of a fee
in-lieu of providino such reouired parkinQ. Before arantina such
approval the City Commission must find that it is impossible or
inappropriate to provide the reouired number of on-site or off-street
parkino spaces and that. in the case of buildino additions, no
reduction in existinQ parkina spaces shall result. Payment of a fee
in-lieu of providino reouired parkina is not permitted for new
development. Furthermore, the in-lieu fee option will not be
available in the event of a chanQe in use or addition of floor space if
either occurs within two years of the arantino of the Certificate of
Occupancy (C.O.) for a new development. The fee in-lieu option will
be available two years after the date of the QrantinQ of the C.O.
Payment of a fee in-lieu of reouired parkino shall be pursuant to the
followino provisions.
(a) The in-lieu fee is authorized only in the CBD, CBD-
RC, OSSHAD Zoning Districts, and GG commerciallv zoned properties
located in the West Atlantic Avenue Overlav District in compliance with
the Supplemental District Regulations provisions therein.
(b) Arrangements for payment shall be approved by the
City Commission at the time of the approval of the in-lieu fee. The fee
amount shall be based upon the location of the property for which in-
lieu fees are being sought. Area descriptions and corresponding fee
amounts are hereby established as follows: (See page 4646 - A for
corresponding map).
1. Area 1: Parcels located east of the Intracoastal Waterway which
are zoned CBD - $14,000 per space.
2. Area 2: Parcels located west of the Intracoastal Waterway
which are zoned CBD or CBD-RC and which are not included
within the Pineapple Grove Main Street area; and Block 69
located in the Old School Square Historic Arts District (aSS HAD)
- $12,000 per space.
3. Area 3: Parcels located within the OSSHAD zoning district
except for Block 69 as noted in Area 2 and parcels located within
the Pineapple Grove Main Street area which are zoned CBD or
CBD-RC.z. - $6,000 per space.
4. Area 4: Parcels located within the West Atlantic Avenue Overlay
District with commercial zoninq desiqnations ~tlhich 3ro zoned
GG - $4,000 per space.
(c) All proceeds from such a fee shall be used for parking
pu rposes.
(d) For property owners opting to pay in full, or lessees of
properties, payment of the in-lieu fee is due upon issuance of a building
permit.
The in-lieu fee may be paid in full upon issuance of a building permit or
in installments. Applicants for an in-lieu fee which is not paid in full at
time of permit, must enter into an In-Lieu of Parking Fee Agreement
with the City. Such agreement shall be recorded with the Public
Records Office of Palm Beach County, Florida. The obligations
imposed by such an In-Lieu of Parking Fee Agreement constitute a
restrictive covenant upon a property, and shall bind successors, heirs
and assigns. The restrictive covenant shall be released upon full
payment of the in-lieu parking fees including attorneys' fees and costs.
In-Lieu of Parking Fee Agreements shall only be made between the
City and the Owner(s) of the subject property. If an In-Lieu of Parking
Fee Agreement is entered into, installment payments shall be made
over a three-year time period in three installments. The first installment
shall be 50% of the total fee and is to be paid upon signing the
agreement. The second installment shall be 250/0 of the total fee and is
due on the second anniversary date of the signing of the agreement.
The third and final payment of 250/0 of the total fee is due on the third
anniversary date of the signing of the agreement. There shall be no
interest due under this payment schedule.
(e) In addition to in-lieu fees due, where adequate right-
of-way exists adjacent to a proposed project for which an in-lieu parking
fee has been approved, the applicant must construct additional on-
street parking, not to exceed the total amount of spaces subject to in-
lieu fees unless authorized by the City Commission. The applicant will
be credited up to one-half of a parkinq space for each full parkina space
constructed within public riaht-of-wav. (For example. the applicant
requests to pay the in-lieu fee on 4 spaces: the applicant constructs 4
spaces in the riqht-of-way: the applicant must only pay the in-lieu fee for
2 spaces). Creditinq of spaces constructed in the riaht-of-way resultina
in a fraction shall be rounded down. The tot31 in liou foe duo Eh311 bo
roducod by 3n 3mount oqu31 to tho 3CtU31 conEtruction cOEtE, but in no
avant to oxcoed tot31 in liou roOE, for thsEo on Etroet Ep3COE including
Etroot lighting. Addition31 crodit, not to sxcood 1 O~~ of tho tot31 feo, m3Y
bo t3kon for the 3ctu31 conEtruction COEtE of 3pproved EtrootEc3pe
b03utific3tion elomontE in tho public right of 'N3Y. B03utific3tion
impro'lOmentE m3Y includo, but 3ro not limitod to, p3'lorbrick 'J/3Ikv/3YE,
Etroot furnituro 3nd 13ndEc3ping. Credit may not be taken for those
parkinq spaces constructed in the public riqht-of-way strootsc3pØ
olomontE liEtod in Soction -1.4 .13(1)(2)(f) which are required to meet the
performance standards for new developments:. in tho CBD \4.'hich
oxceod 30 dV/olling units par 3cro. Neithor crodit for construction of on
Etrøet Ep3COE, nor crodit for conEtruction of b03utific3tion elomonts Eh311
bo roimburEod until Euch conEtruction h3s boon fully completed.
Section 3. That Appendix "A" of the Code of Ordinances of the Land
Development Regulations of the City of Delray Beach be, and the same is hereby
amended to read as follows:
NEW DEVELOPMENT: The construction of a buildina or buildinas or other
improvement(s) on vacant property or a new stand alone buildina on a developed
property. excludina in-fill development.
IN-FILL DEVELOPMENT: The development of a sinale parcel havina frontaae
on one street or two streets for a corner parcel. and which has been vacant for five (5)
years or lonaer and is surrounded by buildinas on two or more sides.
Section 4. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 6. That this ordinance shall become effective upon its adoption on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the _ day of , 200_.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER~
AGENDA ITEM # ,() t) - REGULAR MEETING OF JANUARY 18, 2005
ORDINANCE NO. 1-05 (COMMUNITY REDEVELOPMENT AGENCY
PLAN AMENDMENT)
TO:
SUBJECT:
DATE:
JANUARY 14,2005
This Ordinance is before Commission for second reading and public hearing for adoption of the
Community Redevelopment Agency Plan Amendment.
The Community Redevelopment Plan establishes the projects and programs to be undertaken by the
Community Redevelopment Agency (CRA) in the coming years. Since the last amendment in May, 2001,
there have been many changes to the programs and projects that the CRA is implementing. In addition,
much of the demographic data in the Plan was based on the 1990 census (the 2000 census information
was not available). A list of the major changes can be found in the attached Planning & Zoning Board
Staff Report and a full copy of the amended Plan is attached.
The Planning and Zoning Board held a public hearing regarding the proposed Plan amendment at its
meeting of December 20, 2004. Diane Colonna, CRA, Executive Director, gave a presentation to the
Board on the major changes of the Plan. There was no public testimony. The Board voted 5-0 to
recommend to the City Commission approval of the proposed amendment, by adopting the findings of
fact and law contained in the staff report, and finding that the request is consistent with the Goals,
Objectives, and Policies of the Comprehensive Plan.
At the f1!st reading on January 4,2005, the Commission passed Ordinance No. 1-05.
Recommend approval of Ordinance No. 1-05 on second and fmal reading.
S:\City Clerk\agenda memos.Ord 1-05 Community Redevelopment Plan Amendment.OU8.0S
CITY COMMISSION DOCUMENTATION
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FROM:
Y MANAGER
TO:
THRU:
TOR OF PLANNING & ZONING
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SUBJECT: MEETING OF JANUARY 4, 2005
ADOPTION OF COMMUNITY REDEVELOPMENT PLAN AMENDMENT
BACKGROUND
The Community Redevelopment Plan establishes the projects and programs to be
undertaken by the CRA in the coming years. The Delray Beach CRA's first plan was adopted
in 1986 and has been amended several times since. The latest amendment was adopted in
May of 2001. Since that time there have been many changes to the programs and projects
that the CRA is implementing. In addition, much of the demographic data in the plan was
based upon the 1990 census, due to the fact that the 2000 census information was not
available at the time of the last amendment. A list of the major changes can be found in the
attached Planning & Zoning Board Staff and a full copy of the amended Plan is attached.
The Plan is consistent with the Future Land Use Map. While many of the projects included in
the Community Redevelopment Plan involve staff or financial participation by the City,
including the Osceola Park Redevelopment and Neighborhood Improvement Program,
applicable Policies are included within the Comprehensive Plan for City participation in these
programs. Therefore, a positive finding can be made with respect to consistency with the
Goals, Objectives and Policies of the Comprehensive Plan.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board held a public hearing on the proposed Plan amendment at
its meeting of December 20, 2004. Diane Colonna, CRA Executive Director, gave a
presentation to the Board on the major changes of the Plan. No residents spoke on the item.
The Board recommended adoption of the amended Plan by a vote of 5 to 0 (Diane Borchardt
and Mark Krall absent).
RECOMMENDED ACTION
By motion, approve the ordinance on first reading and set a public hearing date of January
18, 2005 for adoption of the amended Community Redevelopment Plan by adopting the
findings of fact and law contained in the staff report and finding that the request and approval
thereof is consistent with the Comprehensive Plan.
Attachments:
. P&Z Board Staff Report of December 20,2004
. Ordinance No. 01-05
s:\planninq & zoninq\boards\citv commission\cra plan amendment 2004.doc
\~A
ORDINANCE NO. 1-05
AN ORDINANCE OF THE CITI COMMISSION OF THE CITI
OF DELRA Y BEACH, FLORIDA, MODIFYING THE
COMMUNITI REDEVELOPMENT PLAN FOR THE CITI OF
DELRAY BEACH; FINDING THAT THE MODIFICATIONS
CONFORM TO THE COMMUNITI REDEVELOPMENT ACT
OF 1969, AS AMENDED; FINDING THAT THE
MODIFICATIONS ARE CONSISTENT WITH THE CITI OF
DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING
FURTHER FINDINGS PURSUANT TO THE APPLICABLE
REQUIREMENTS OF FLORIDA STATUTE 163.360;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dekay Beach, Florida, by Ordinance
No. 46-85, adopted June 18, 1985, did create a Community Redevelopment Agency as provided in
Florida Statutes Section 163.356; and
WHEREAS, on December 23, 1986, the Board of County Commissioners of Palm
Beach County passed and adopted Resolution No. R-86-2003 delegating the exercise of the powers
conferred upon the County by Chapter 163, Part 3, Florida Statutes, within the boundaries of the
City of Dekay Beach to the governing body of the City of Dekay Beach completely and without
limitation; and
WHEREAS, the City Commission of the City of Dekay Beach, Florida, has
heretofore approved a Community Redevelopment Plan on September 9, 1986, by Resolution No.
49-86 as subsequendy amended on November 24, 1987, by Resolution No. 47-87, and as further
ratified and amended on February 14, 1989, by Resolution No. 6-89, and as further ratified and
amended on September 25, 1990, by Resolution No. 86-90; and as further ratified and amended on
April 9, 1991, by Resolution No. 28-91; and as further ratified and amended on November 26, 1991,
by Resolution No. 93-91; and as further ratified and amended on May 26, 1992, by Ordinance No.
17-92; and as further ratified and amended on December 1,1992, by Ordinance No. 60-92; and as
further ratified and amended on February 22, 1994, by Ordinance No. 5-94; and as further ratified
and amended on September 5, 1995, by Ordinance No. 48-95; and as further ratified and amended
on March 5,1996, by Ordinance No. 8-96; and as further ratified and amended on February 3, 1998
by Ordinance No. 2-98 and Resolution No. 11-98; as further ratified and amended on November 7,
2000 by Resolution No. 94-00; and as further ratified and amended on May 15, 2001 by Ordinance
33-01; and
WHEREAS, the Community Redevelopment Agency of the City of Delray Beach,
Florida, hereinafter referred to as the "CRA", has heretofore adopted a Community Redevelopment
Plan; and
WHEREAS, the CRA is desirous of modifying said Plan to account for certain
changes which have occurred since the last amendment of the Plan, to account for modification or
completion of project components, and to provide for the addition of new programs to the Plan;
and
WHEREAS, the CRA of the City of Delray Beach has recommended to the City
Commission of the City of Delray Beach, Florida, that the Community Redevelopment Plan be
modified, amended and ratified in the form attached hereto as Exhibit "A"; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the
modifications conform to the Community Redevelopment Act of 1969, as amended; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the
modifications are consistent with the City of Delray Beach's Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the
modifications meet the applicable requirements of Section 163.360, Florida Statutes; and
WHEREAS, the City Commission shall hold a public hearing on said modifications to the
Plan, after public notice is given in conformance with the requirements of Chapter 163, Part 3, Florida
Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE CI1Y
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the preamble stated above is hereby incorporated by reference herein, as
findings of fact upon which this ordinance is based.
Section 2. That the Community Redevelopment Plan for the City of Delray Beach be, and the
same is hereby modified, amended and ratified in the form attached hereto as Exhibit "A" and made a part
hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 4. That if any section, subsection, paragraph, sentence or word or other provision of
this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court
of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any
2
ORDINANCE NO. 1-05
other section, subsection, paragraph, sentence or word or provision or its application to other persons or
circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 5. That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 200_.
A TIEST:
MAYOR
City Clerk
First Reading
Second Reading
3
ORDINANCE NO. 1-05
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: DECEMBER 20, 2004
AGENDA ITEM: IV.A. CONSIDERATION OF AMENDMENTS TO THE CRA'S
COMMUNITY REDEVELOPMENT PLAN
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission
regarding proposed amendments to the Community Redevelopment Agency's (CRA)
Community Redevelopment Plan.
BACKGROUND
Pursuant to Florida Statutes Chapter 163.360, CRAs are required to operate in
accordance with an overall redevelopment plan. The Community Redevelopment Plan
establishes the projects and programs to be undertaken by the CRA in the coming
years. The Delray Beach CRA's first plan was adopted in 1986 and has been amended
several times since. The latest amendment was adopted in May of 2001. Since that
time there have been many changes to the programs and projects that the CRA is
implementing. In addition, much of the demographic data in the plan was based upon
the 1990 census, due to the fact that the 2000 census information was not available at
the time of the last amendment.
ANAL YSIS
As indicated by the CRA Director Diane Colonna, the amendments are intended to
update the background and status of the agency's programs; and update property
acquisition maps.
The amended plan proposes the following changes. For specific information and details
of the proposed changes, please refer to the attached plan.
· Update of housing, population, and land use information in the Existing
Cond itions section;
· Modification of the boundaries of Geographic Subareas 1, 2, and 3 to be
consistent with the Downtown Master Plan subareas (and corresponding
changes to the data for those areas);
· Modification of Part III, Analysis, to reflect changes that have occurred in the
various subareas, and include marketing information from the Downtown Master
Plan;
Planning and Zoning Board Memorandum Staff Report
Amendments to the Community Redevelopment Plan
Page 2
·
Changes to Part IV, The Redevelopment Program, to:
o Delete programs in which the CRA's role has been substantially
completed, Old School Square (original restoration of buildings),
Blocks 28 & 36 (Atlantic Grove), Block 60 (relocation of historic homes
and construction of parking lot);
Add new programs (SW Neighborhood Plan, Affordable/Workforce
Housing, and Carver Square); and
Update information on the remaining programs.
o
o
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Changes to Part V to update all projections of revenues and expenses for the
next 5-year period;
·
Deletion of sections of the plan that are not required by statute or are otherwise
outdated, such as the Goals, Objectives and Policies section, and copies of
various Interlocal agreements that were previously included in the Appendices;
and
·
Update of all maps, including Potential Land Acquisition maps, to reflect current
conditions and needs.
CONSISTENCY WITH COMPREHENSIVE PLAN
While many of the projects included in the Community Redevelopment Plan involve
staff or financial participation by the City, including the Osceola Park Redevelopment
and Neighborhood Improvement Program, applicable Policies are included within the
Comprehensive Plan for City participation in these programs.
As amended, the CRA Plan is also consistent with the current Future Land Use Map.
The reduction of density in the northern portion of the Osceola Park Neighborhood,
recommended within the CRA's Osceola Park Redevelopment and Neighborhood
Improvement Program, was identified in the Comprehensive Plan as an issue to be
considered with preparation of the Redevelopment Plan for that area. The Osceola
Park Redevelopment Plan, adopted on December 6, 2004, did recommend a FLUM
amendment and rezoning for this area. This change will be processed as a part of
Comprehensive Plan Amendment 2005-1.
The CRA Plan calls for the rezoning of various parcels from RM (Multiple Family
Residential) and R-1-A (Single Family Residential) to CF (Community Facilities) in the
West Atlantic Corridor and along NW/SW 5th Avenue in order to provide for parking
areas. These changes are to be processed on an as needed basis. Although not
required, the City may also wish to process small scale FLUM amendments for these
parcels. The CRA Plan also calls for LDR and Zoning District Map amendments, as
appropriate, to accommodate adaptive reuse of the La France Hotel for affordable
housing, office or community use. A FLUM amendment will be processed, if required,
after a decision is made on the final use of the property. In both of these cases
redevelopment of the subject properties will not occur until the appropriate FLUM
amendments (if required) are processed and adopted.
Planning and Zoning Board Memorandum Staff Report
Amendments to the Community Redevelopment Plan
Page 3
Therefore, a positive finding can be made with respect to consistency with the Goals,
Objectives and Policies of the Comprehensive Plan.
ALTERNATIVE ACTIONS
1. Continue with direction.
2. Move to recommend to the City Commission approval of the proposed
amendments to the Community Redevelopment Plan by adopting the findings of
fact and law contained in the staff report and finding that the request and
approval thereof is consistent with the Comprehensive Plan.
3. Move to recommend to the City Commission denial of the proposed
amendments to the Community Redevelopment Plan by adopting the findings of
fact and law contained in the staff report and finding that the request and
approval thereof is inconsistent with the Comprehensive Plan.
RECOMMENDED ACTION
Move a recommendation of approval to the City Commission for adoption of the
proposed amendments to the Community Redevelopment Plan by adopting the findings
of fact and law contained in the staff report and finding that the request and approval
thereof is consistent with the Comprehensive Plan.
Report prepared by: Ron Hoggard, Senior Planner
Attachment:
. CRA Community Redevelopment Plan
s:\planning & zoning\boards\p&z board\2004 era redevelopment plan amendment.doe
lifCRA
DfLRAY BfACH
DRAFT
COMMUNITY REDEVELOPMENT AGENCY
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The City of Delray Beach
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Community
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Plan
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Amended by City Ordinance No.
, DATE»
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Table of Contents
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INTRODUCTION TO THE PLAN ................................................................................................... 4
PART 0 N E : B A C KG R 0 U N D ......................................................................................................... 5
I. Authority to Undertake Community Redevelopment .......................................................... 5
II. Creation of the Community Redevelopment Agency..................................................... 6
III. Powers of the Community Redevelopment Agency....................................................... 6
IV. The Community Redevelopment Area ...........................................................................7
V. The Community Redevelopment Plan .....................................................,~~<.................... 7
PART TWO: EXISTING CONDITIONS .................................................................."::1.................... 9
I. General Description of the Community Redevelopment Area ..........:~l':........~~~.................. 9
A. Existing Land Use ......... ..... ..................................... ..................... .;~:1:?W~:~~. "t'....... .......... 9
. ... þ 1~'-;:~
B. EXisting Housing and Population... ......................................... ................ ...'..., ,........... 10
C. Existing Traffic Circulation.. ........ ............ ................... ....... ..~l....... ...... .......... ..:'~:W~'{:'...... 10
D D t P k· f.~~, p- 1 0
. own own ar Ing.........................................................~.!: ..:';i:..t~'"''''''.''. ......~....................
II. General Housing Conditions.......................................... ....~~:~.. "~:'\~'::""".". ~~_.................. 11
FIGURE 1: RESIDENTIAL NEIGHBORHOOD CATE~RIZÄtiPN}yfAP.............. 12
G h· S b A '~ """'f' , i'7:? 13
eograp IC u - reas.................................... "l\f1';';";"f.''':!!,~:..,''.. .:';..~....... ;:;,;j~~;:.......................
TABLE 2-1: GEOGRAPHIC SUB-AREAS...~:':~':·~~;;~:.. >. ...:;i:·.......................... 13
FIGURE 2: GEOGRAPHIC SUBAREA~" lJN{rV RE ~:VELOPMENT PLAN
.............................. ........ ............ .......... .i~.......... .,< .. ..:'~1.,".."......".".".""....."."""."." 14
A S b A "Th B h D' . f' ~;;, '. '\~, ,"'
. U - rea #1: e eac Istnc ......... ·1~...............-i:;k......:;~~:....................................... 15
B. Sub-Area #2:"The Central Core" ............. ,.............'fê.....'........................................... 16
C. Sub Area #3: "West Atlantic Av,; , e Corri .. II .,!........".¡l................................................ 17
/' -+ . ."1'
D. Sub Area #4: "Residential C~Jr ........................ ;z~~~.................................................. 19
E. Sub-Area #5: "North Feder., ~ - ayl ........................................................................ 20
F. Sub-Area #6: IIN.E. Neig,@qmhoo all...................................................................... 21
G. Sub-Area #7: 1I0sceo ~ Park" ........... .......................................................................22
H. Sub Area #8: 111-95/ . -, "treet Are ;,';:-:'................................................................... 22
PART THREE: ANALYSIS ........~.. '::...........~;~....................................................................... 24
I. Problems and N q,s within raphic Sub-Areas ........................................................ 24
A. Sub Area 1: liT ~:. ch Dis ~:................................................................................. 24
B. Sub-Area #2: "D.' 0,(' .................................................................................... 24
C. Sub- #3: IIW ~,'tla Avenue Corridor" ............................................................ 25
D. Su _ ' : "Res\~ntiaf'Core·1 .................................................................................. 25
E. SU', rea _ : "North"'ederal Highway" ........................................................................ 26
F. "S\.Jb-." ,;' - ~ <' (ést/Dellda Neighborhoodsll..... ......... ...................... ........... .......... 26
-tJ.~ . 110 ;.,.- I P kll 27
:¡. .''''~''~ : sceo a a r . .. .. .. .. .. . .. .. . .. .. .. . .. .. .. . .. . .. . .. . .. . .. .. .. .. .. .. .. .. . . . .. .. .. .. . . . . .. .. . .. .. .. ..
"d!. . Sub-,., a . -95/SW 10th Street Areall..................................................................... 27
11. ~ . yerall teds,within the Community Redevelopment Area ............................................28
A. emov,li of Slum and Blight ..... ......... ..... ............... ......... .......... ..... ....... ..... .............. ..... 28
B. . ~e....................................................................................................................... 28
C. Ec omic Development................................................................................................ 28
D. Affordable Housing....................................................................................................... 29
E. Downtown Housing..... ........ ............... ..... .................... ........ ..... .......... ........... ................ 29
F. I nfrastructu re ................................................................................................................. 30
G. Recreation and Cultural Facilities ................ ...... ....................... ................. ............ ....... 30
III. Market Conditions and Development Potential ............................................................ 31
A. Office Potential.............................................................................................................. 31
B. Hotel Development Potential.. ........ .............. ....... ..... .............. .................... .......... ........ 32
C. Industrial Development Potential...... ................. ....... ...... .... ...... .................. ..... .... ... ...... 32
III.
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D. Residential Development Potential...... .... ............... ............ ........... ..... .......... ..... .... ... .... 32
E. Retail Potential/Downtown Market Study.................................................................... 33
Cluster 1 - West Atlantic Community Cluster ................................................................... 34
Cluster 2 - Transition Cluster. .... ..... ............ ......... ................... ......... ..... .................... ........ 35
Cluster 3 - Pineapple Grove Cluster................................................................................. 36
Cluster 4 - Entertainment Cluster........................................ ...... ............... ........................ 37
Cluster 5 - Osceola Park Cluster ......................................... ............. ............................... 37
Cluster 6 - West of the Intracoastal Cluster..................................................................... 38
Cluster 7 - North Federal Highway Cluster ................................................,.,.~~:".................. 39
Cluster 8 - Beachside Cluster .................. ......... ........ ............. ..... ....... ......... .~~~~. ................ 39
IV. Neighborhood Impacts of Redevelopment Efforts .........................,i;~"~.,~......':~,................ 40
A. Relocation of Displaced Residents and Businesses ...................:~':.'::~ff;~t~i'!~~~~.............. 40
. . ( -~.\~.~~.
Relocation Policy:.... ...... ......................... ................... .......... ....~...................... ;1:~%_.,... ....... 40
B. Tra~ic Circulation...:............ .............................. ........... ....:;li<........ ..... .......... ...':~~'ot~~...... 41
C. Environmental Quality.... .......... ................. ...... ........... ...~,~'.. .......t¡~~:...... ...... .\........ ............ 42
D. Availability of Communi~ Facilities and services........:~~~;¡;,::....~·>~~~K.........;Å~r................ 42
E. Effect on School Population............................. ................. :tì~.~...... >f~~~~(.. ~~~:~.:................... 42
TABLE 3.1: PUBLIC SCHOOLS ...................,~it~~ii.iß~-1~.,~.,:<.,~:':r:,.~.......: i;~{~·.. ..................... 43
V R I t· h· t th C'n" C h· PI " ''ij:,:-,,·~..';(;W.rEi',~;9<.;~'' ,.,~ .,-- 43
. e a Ions Ip 0 e 11.1 s ompre enslve an.......'t>~,....::::~~"!~'f4;~~;~,:..:............................
PART FOUR: THE REDEVELOPMENT PROGR~~~f~\~ -<Îi?¡.¡!:'.............:~:.............................. 45
I. Redevelopment Strategies ........................ .....i/j.......... .~1 ..~'·:\.L...'................ ........... ........... 45
A. Sub Area 1: "The Beach Districf' ........... '............... .....J~':~...................................... 45
B. Sub-Area 2: "The Central Core".............. ~.............. ................................................45
C. Sub-Area 3: "The West Atlanti nue . or" ....,;................................................. 45
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D. Sub-Area 4: liThe Residentia» II ........................:.................................................... 46
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E. Sub-Area 5: "North Federat~ig. ..........................................................................46
F. Sub-Area 6: HNortheas~JÎ~bort1, ~ ........................................................................46
G. Sub-Area 7: "Osceol~iParkll~.... .......... t,.!,,'-......... ......................................................... 46
H. Sub-Area 8: 111-95/S~" h J~~ee ......., ::....................................................................46
TABLE 4.1: CRA PR ·;~AMS AND PROJECTS BY SUB-AREA ..........................47
II. Community Red~~l9pment :f'cy Projects and Programs .......................................... 47
A. GROUP "111: Af!.~ÂW1DE ANtìzMEIGHBORHOOD PLANS........................................ 48
.:( ' .....~~~?"-- .>-~
# 1.1: West AVan4~cJ . J}Ut3 Redevelopment Plan................................................. 48
# 1.2:,~~~~nowntòWí1 Del . . Beach Master Plan" ........................................................ 50
ß'· .''f>.;-"t.-' ~~
# 1,,,,~~1' :~:outhwe~ Neighborhood Plan.. ............... ................................. ............ ...... 52
#1 ~:f~f¿ r;[Q..r:th FedêJ'ál Highway Redevelopment Plan .............................................. 54
. ~:~1itt!>\~5: "'!~~~&{Sit_~tfÕellda Neighborhood Im~rovement Plan" .................................. 55
~#:¡~¡~f,~ If·1~~i11~~ ·~~f~?la Park Rede~elopment & Neighborhood Improvement Plan ............56
r-:'~,~~h #1.7. ~~ PI"~apple Grove NeIghborhood Plan ...........................................................57
ß'f;:1=;; .,GROU@i 11211~'REDEVELOPMENT PROJECTS... .... ...... ...... ....... ............... ................... 58
~{j'f.,' . ~J II S th ·f· . 58
' ~,.:.1. ,if;' NW & W 5 Avenue Beautl. Icatlon .....:.....................................................
" . ·-I/'ii Block 77 Redevelopment Project (W orthmg Place) ..................................... 60
# 4, .": Block 76 - Old School Square Expansion and Parking Garage ..................62
# 2.4: South County Courthouse Expansion ..........................................................64
# 2.5: Old School Square Cultural Center .............................................................. 65
# 2.6: "Blocks 28 & 36 Redevelopmenf' ................................................................ 65
# 2.7: Block 60 Redevelopment............... ................... ................ ...................... ...... 66
#2.8: George Bush Boulevard and Federal/Dixie Redevelopment ....................... 66
#2.9: West Settlers Historic District. ..... ..................... .............. ......... ........ ....... ...... 67
#2.10 Affordable/Workforce Housing Program ......................................................69
#2.11: Carver Square Neighborhood ....................................................................... 71
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#2.11 : Carver Square Neighborhood.................................... ..... ....................... ....... 71
C. GROUP "311: COMMUNITY IMPROVEMENT PROGRAMS......................................... 73
# 3.1: CRA Subsidized Loan Program. ............... ... ............................. .................... 73
# 3.2: Site Development Assistance Program ........................................................ 74
# 3.3: Community Activities Sponsorship Program ................................................ 75
# 3.4: Downtown Transit System ............................................................................ 76
# 3.5: Business Development Program .................................................................. 77
#3.6: Historic Facade Easement Program ................. ....... .............................. ........ 79
#3.7: Grant Administration Program.................................. ........ ...... .;",.. ........... ...... 80
#3.8: Delray Beach Renaissance (First Time Homebuyers) Progrâri{_.................. 81
#3.9: Downtown Core Improvement Programf'Clean and Saf~~'~..:.....';~................. 83
III. Program of Regulatory Actions................................. ............ .........: :::.;~~'~'::~;;;F:5;~~.."."" ...... 85
A. Comprehensive Plan and/or Zoning Amendments ...............:....................~;:':~~~ ;........... 85
PART FIVE: THE COST OF REDEVELOPMENT ............................~.;~..........................·.;:i,.-.;~:...... 86
TABLE 5-1: CITY, CRA & COUNTY FUNDED CAPITA[f~aOJECTS - 200'5
THROUGH 2009.................................................... .,(:;~~;¡~~... .":'~tS~,~A:',... ...... ..~;~~~................. 86
I. Sources of Redevelopment Funding and Financing ...........:-:':~t~~.......;~~~~'i'/..,:.::~i~:.................. 87
A. Tax Increment Revenues..................................: ;':.;¡~~:;~~r.:~~~..,:....: .:;,~...... :.:~,~'C....................... 87
B. Redevelopment Revenue Bonds..................... .'..... :·:''i:.:::-~:·~::~~~~>;¿;;:1j~~.... .~-.......... ...... ........... 87
C. General Obligation Bonds ....................... ..,;-;'(: :'~';r~¡t"~,,... :~:;l~...... ........ .~:........................ ...... 87
D. Special Assessment Districts............... ...¡;~......... :J}:;~~\.... ::.:~"¡,".. .,....................................... 87
E. Com mu nity Development Block G rants <to BG) .... :'::.f;~.. .... }:~.. ..................................... 88
F Industrial Revenue Bonds (lRB) ..,........... :~q~~:~~......... ....?~........... ....... .......... ........ ..... ....... 88
G. Land Sales/Leases................ .....:/!.:~~;'.......... ..':~.("¿~"",.,,... .;J.......... ................................ ....... 88
H. Contributions and Grants..... ---!:'.... ..'............... ~~~-:::~:~:,:':'-:.................................................. 88
I. Direct Borrowing From Co·, .",,,,JLenders ............................................................... 88
II. Five Year Projection of Reveø~~& Exp8Bses...................................................................... 89
TABLE 5-2: CRA.StYEAH PROJËÒ110N OF REVENUES & EXPENSES ........... 89
III. Five-Year Redevelopmef{f~ifo9,.-ã(Q and Fù~¡ng Allocations ............................................ 90
TABLE 5-3: CRA FIV!t:f~AR REDEVELOPMENT PROGRAMMING & FUNDING
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ALLOCA TI'¡'; S. ............;:~r~"'" ."......... ................ .... ....... ... ......... ...... ..... ........ ... ...... ......... 90
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APPENDIX A: LB-.,' )~~~"SCR ~JfON ............................................................................ 91
AP PEN DIX B. FIN f.t!N,91f~f~ E CESSITV .................. ................... ............. ................... 94
AP P E ~J;;)I~:& ~ COMÞ~ëTE OtpROJ E CTS.................... ....... .............. ............. ........ ....... 1 00
# 1.1: . ,::'.;:~. DÒy!'ntown C%?r~ Geographic Area of Exception .............................................101
# 2.1 : ·,~\:~';J3aõkßrs RovlProject Implementation ............................................................ 102
#2,2,; "v' , "'~Ì?J6~ãÞ'Pt~t~Jfove Mai n Street Program........................................................... 1 04
1J¡~,~...:3^:":>~;:;i~;~::~ M, :Öbtcipal Tennis Center Rehabilitation .......................................................... 106
/4;~i?.4: ··~}-;Old 1~Pf1'001 Square Cultural Center ................................................................ 107
#~~p: \~t3loèks 28 & 36 Redevelopment..................................................................... 109
# 2 :"EJz:;:.~, ;lBlock 60 Redevelopment................................................................................ 11 0
APP~~Øìx D: LAND ACQUISITION MAPS .................................................................. 115
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INTRODUCTION TO THE PLAN
The City of Delray Beach is a coastal community located in southern Palm Beach County. It is
bounded by the municipalities of Boynton Beach and Gulfstream to the north, by the municipalities of
Boca Raton and Highland Beach to the south and by unincorporated Palm Beach County to the west. By
the early 1980's, the City was approximately 850/0 built-out in terms of population.
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Given its limited potential for future population growth, the City began to focus its attention on the
revitalization and rehabilitation of areas which are in a state of decline or deterioration. These areas have
been incorporated within the defined geographic boundaries of the II City of De/ray 8èa'Ch Community
Redevelopment A rea II . This area, which encompasses the older central coreJDf the ðjty, is depicted
graphically in Map H (See Appendix"D") and by a description of its boundariesfti~þ~@çlJX IIAII. Since it
contains a significant amount of vacant, under-developed or deteriorating residentiarãrí~~~,ommercial
property, it is within this area that there can be a continuing increase.;;in population grd\\ttÞ'and an
establishment of commercial ventures. . /(i~~.:- . i'
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The Delray Beach Community Redevelopment Agency, (CRA}'W~s e :' Ush~,lh 1985 to guide
the City in its redevelopment efforts.. The purpose of the Age~f¥i~.!? ~~vitf:\J~^~e t 'i},,¡ttYsical environme.nt
and the economy of the Community Redevelopment Area. '1þé:·~IæA~twtr!0 create the Community
Redevelopment Agency grew out of the work of the Atlafltiç..Avenù'Q Task'Fõrê=è~which was commenced
in 1984. The objective of the Task Force was tOi¢tûd9~~fr.,Attá!ltic Avenue Corridor and make
recommendations for an overall plan for improvemen "~. ts work ~~. co~Jeted in 1985 when it presented
its report to the City Commission. That report re ,mended'~he Efstablishment of a Community
Redevelopment Area as means to fund ne~Qed imp :.,:ements tijrough the use of II Tax Increment
. . M-r.¡J:k..~ ~·~.%:·é'-' _ 4?i:';
FInancIng fTIF'II. lV' .\ ;~:-"::'*:"~ . .. ,/~f
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After its creation in 1985, the ç, '<;; .'f.~edevelopment Agency commissioned the preparation
of its first plan under contract with ~!}øtirm'of Warf1%¡~, Roberts & Todd, Inc. The resulting plan document,
II The City of Delray Beach COIJJÔ1unity. RedeveltJllwent P/anll, was adopted by the City Commission
..:f" '<.ê?f.~.. ~.._ "i..,Þ;.f,:'
on September 9, 1986 by Resorût!g.~Jttk~ 49-86 añd later adopted as an amendment to the Gitys
Comprehensive Plan on July 12, 19"' '5:~ Y Ordinance No. 57-88. The plan provides the framework for
programming redevelop~ÆJ.t.. ~ctivitie )t~if} the CRA. Since it is not possible or practical for the
Community Redevelopme~r'fÄ\¡~ncy to fÇJ11tJ and implement all redevelopment projects within the
community, the plan sets forf1it a ~~f.ij-~Qumplementation steps and specific projects intended to leverage
or stimulate the.!¥~,R.f public'iit¡:¡feresCJnd private investment necessary to achieve the revitalization.
ji~" -..~~: -;,. '
,.¡.t/.íÄ ,.. '> \b...-r:.
Tm~lan :" ----:·.ø~ several times since it was originally created, in order to update
inforf!J~~<~ r,efí~.Q!. shifts' in the direction of redevelopment activity. Revised plans have been
prep,tød by st '~:twitffi1ÞP'ut and direction provided by the CRA Board of Commissioners. The City
Com~'" ;~ion appr :.:R ed tfie first plan revision by Ordinance 17-92 on May 26, 1992. Subsequent revisions
were ap .. ed b~ihe Commission by Ordinance 60-92 on December 1, 1992, Ordinance 5-94 on
February ·;~l.,Qg~, Ordinance 48-95 on September 5, 1995, Ordinance 8-96 on March 5, 1996,
Ordinance N~f~98 on February 3, 1998, and Ordinance No. 33-01 on May 15, 2001.
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The current version of the Plan~ was formally adopted by the City Commission via Ordinance _
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PART ONE: BACKGROUND
I. AUTHORITY TO UNDERTAKE COMMUNITY REDEVELOPMENT
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This document has been prepared under the direction of the City of Delray Beach
Community Redevelopment Agency in accordance with the Community Redevelopment Act of 1969,
F.S. 163, Part III. In recognition of the need to prevent and eliminate slum and blighted conditions
within the community, the Community Redevelopment Act confers upon counties añ9 municipalities
the authority and powers to carry out "Community Redevelopment." For the pÛ¡poses of this
Community Redevelopment Plan, the following definition, taken from th~<,%~!~£t?,. ~~atutes, shall
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"Community Redevelopment" or "Redevelopment" me.p:(\;¡undertakings, a,. ities, or
projects of a county, municipality, or community redeveloB(hent\~'gency iil a community
redevelopment area for the elimination and prevention of the de\¡è1Qpméf\t~r spre.~d of slums and
blight or for the provision of affordable housing, whether f9t.fent or'fQr salè14p..[~idents of low or
moderate income, including the elderly, and may include.:sft))t:~~~~ .<', anèßredevelopment in a
community redevelopment area, or rehabilitation or c ervéÌtiRn iiiw , munity redevelopment
area, or any combination or part thereof, in accord¥ëe ò'h\.lJ1unity redevelopment plan and
may include the preparation of such a plan.·~ ¡~\~F
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The ability of a county or municiR lity to . e the ,< thority granted under the Act is
predicated upon the adoption of a "Findi ,'ô,"Necessl Ya§}fQoverning body. This finding must
demonstrate that: 1$," '
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(1) One or more slum or~~têd are r one or more areas in which there is a shortage
of housing afford~.; 'iÆ to re idents 0 ~,or moderate income, including the elderly, exist
in the county or mu ~...and, ...-
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conse . nA or redevelopment, or a combination thereof, of such
ary in ~ interest of the public health, safety, morals, or welfare
.¡ or municipality.
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E. Atlantic A venue- before
E. Atlantic A venue - after
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II. CREATION OF THE COMMUNITY REDEVELOPMENT AGENCY
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Upon a "Finding of Necessity" by the governing body and upon further finding that there is a
need for a Community Redevelopment Agency to function in the county or municipality to carry out
community redevelopment purposes, any county or municipality may create a public body corporate
and politic to be known as a IICommunity Redevelopment Agency. II The Agency shall be constituted
as a public instrumentality, and the exercise by the Agency of the powers conferred by F.S. Chapter
163, Part III shall be deemed and held to be the performance of an essential publiç function.
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The City of Delray Beach City Commission established the Delray. Beá~h Community
Redevelopment Agency on June 18, 1985, with the adoption of Ordinance 4q " Theirganizational
structure of the agency was also established at that time. It consists of a bôar - f~ ~'" n members
appointed by the City Commission. The term of office of the boarq., members is f {"', e~rs. A
vacancy occurring during a term is filled for the unexpired term. Ttl -~ rovisions of Ordl;" nce No.
46-85 have been codified in Article 8.1 of the City's Land Develqspfne'_c, egulatio{1s. .
III. POWERS OF THE COMMUNITY REDEVELOPMENT j(. - .;"\,~,~. ,;;,r1);
"~i¡, ~'..
As authorized by the Community RedeveloPJ1'~~t~ ~~ variety of powers are available
to the City of Defray Beach to carry out redevelop~nt activ '~,,); W~)ø most of these powers may
be, delegated to a Community Redevelopment A -'. cy, othetf.; ma'Y not. These powers, which
continue to vest in the City Commission, ar as foil:. l!
~ The power to determine an are§! ed area and to designate such an area
as appropriate for commu~lt(~d ,~~.f~ent;
,"~., ~.,
» ¡~~:o~~er to grant fi~L .' pr~1 to cò~unity redevelopment plans and modifications
~ Prior to the appró~~! the co ' . 4.n~ty redevelopment plan or approval of any modifications
of the plan, the poVl~~~' rové1Jf.lé acquisition, demolition, removal, or disposal of property
and the power to a~p~~ '-'t(:-ßsponsibility to bear loss;
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~ e City Commission has chosen to delegate to the Delray Beach
#pment Agency under City Ordinance No. 46-85 include the following:
, e pow 0 acquire property deemed necessary for community redevelopment, except that
eo:; minent domain shall require specific approval from the City Commissio'n;
wer to hold, improve, clear, or prepare any acquired property for redevelopment;
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> The power to dispose of property acquired within the community redevelopment area for
uses in accordance with the plan;
> The power to construct improvements necessary to carry out community redevelopment
objectives;
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~ The power to carry out programs of repair and rehabilitation;
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~ The power to plan for and assist in the relocation of persons and businesses displaced by
redevelopment activities;
~ The power to receive and utilize tax increment revenues to fund redevelopment activities.
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In 1992, the City Commission adopted City Ordinance No. 17-92 which delegated the
following power to the CRA:
~, ~~:~
~ The powers to appropriate such funds and make such expenditures as' ar~ necessary to
carry out the purposes of the Community Redevelopment Act of 19§1.. ~~.
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Other powers authorized by the Act but which the City Commission has è
delegate to the Agency are: ,¡.¡:jf
;- .~\~~~.
~ The power to zone or rezone any part of the city or~,ak:~'ç,ePtio~',~ from building
regulations; and to enter into agreements with a housing au'l1-Ç>rity:<';~jc~:\á§reements may
extend over any period;.¡,{;;:;i~¿§ !~\'¡>~>, ,,-"'\$' '~1;.ff/
. ,<~~~,.qf::tt~;¡%;¡ _ ;'i1~, /¿
~ The power to close, vacate, plan, or re-plan ~~ ," (l;" sidewalks, ways or other places
and to plan or re-plan any part of the city. It "~:r~" '
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IV.
THE COMMUNITY REDEVELOa
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Pursuant to State StatutesJ¡¡ â..~'}co '. nity redevelopment area must be a slum area, a
blighted area, or an area in whichoþttfète 1s a sH ',ge of housing that is affordable to residents of low
or moderate income, i~cludin9;(~ eldî[ly. The~f D~lray ~each Community Re.development
Agency generally consists of the . ·~'t1tral cor of the City which has become deteriorated due to
age, obsolescence, and the lac' ',investment. Unfortunately, a deteriorating area is self
propagating, and as conà¡ ·<s worse' sLØents and private businesses become less willing to put
financial resources into th ~ ,'+..,~1Jj.;.is thi Ã'" ' '~cle which severely limits the ability of private enterprise
to stop the spread ~f slum ~<\ìftf~ ~, ·thout public assistance.
.' ecessi~~Jor the initial 1 ,812 acre Delray Beach Community Redevelopment
.,;', . ilY C91f(mission Resolution No. 32-85 on May 14, 1985. A "Finding of
'¡- ~~ft1t3 acres, located along North Federal Fiighway, was adopted by City
I '~~o. 47-87 on November 24, 1987, and the Community Redevelopment
'. cr ",: š'ed to its current size. The overall boundaries of the Community
Rede . ment· :sa áre shown graphically in Figure 1 and by legal description in Appendix" A.II A
copy of e" ~'''. ~ "Fi, ing of Necessity" is found in Appendix "B. II In 1995, as a result of an eminent
domain takl ~11e CRA received a favorable Appellate Court ruling in the Fourth District Court of
Appeals stati g the validity of the Necessity of Finding of 1985.
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V. THE COMMUNITY REDEVELOPMENT PLAN
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All public redevelopment activities expressly authorized by the Community Redevelopment
Act and funded by tax increment financing must be in accordance with a redevelopment plan which
has been approved by the City Commission. Like the City's Comprehensive Plan, the Community
Redevelopment Plan is an evolving document which must be evaluated and amended on a regular
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basis in order to accurately reflect changing conditions and community objectives. All
redevelopment financed by tax increment revenues shall be completed no later than thirty (30) years
following the adoption of this amendment to the plan.
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PART TWO: EXISTING CONDITIONS
I. GENERAL DESCRIPTION OF THE COMMUNITY REDEVELOPMENT AREA
A. Existina Land Use
Existing land uses in the Community Redevelopment Area follow patterns of historical
development activity, and the requirements of existing and past zoning distrig~s. There are
approximately 1 ,968 acres of land within the Community Redevelopment Area~~¿~ A generalized
pattern of existing land use is depicted in Map H (see Appendix "0"). \
r~~~1~~~
Overall, the single largest land use within the CRA is residentiåí:-~'šT ·ority of the
residential development is comprised of single-family detached dwellJngs in older nel '~·Þºrhoods.
Starting in the late 1990's the City began to experience a surge in~f1}\Y" residential prol~~fs in the
Central Business District. Most of these developments consis~~.p o('tiWlJer-occUQied townhouse
style product; however, that trend has begun to diversify with rè'ñt~,t apðitments, .,ifts, and luxury
condominium units. ,At" . "","" '~1téØ'
Commercial uses within the redevelopment areª"þave ~ clustered around the
Atlantic Avenue and Federal Highway Corridors. In~t:!2'''',:,: b§iness District retail activities are
concentrated primarily along Atlantic Avenue and' E.2nd'· u~~jf\eapple Grove Way), while
general business, office, and other commercial us xtend n " ana south along and adjacent to
the Swinton Avenue and Federal Highway .orridor he mairfretail shopping and dining district
extends along Atlantic Avenue between rten Aven' : '", ê Atlantic Ocean. Pineapple Grove
Way has historically contained more . rhood oriente businesses such as a grocery store,
drugstore and post office. Howev~IL -§~v rge scale redevelopment projects are transforming
this corridor into a retail shoppi I~'hd dinin 'stination, along with more than a hundred new
residential units being propose ' notger evolvl '·ømmercial district is in the area of West Atlantic
Avenue and NW/SW 5th Avenu , :'\(1eweth c restaurants and shops are emerging to serve
local residents as well a~ the wide ulation.
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Light industrial us ' foun cattered throughout the CRA district. One small area in
the southwest cO~,~er of th' ~ 'i~fict is zoned for light industrial uses; however, development
potential is limi!øð~~' e it is ted vfithin a well field protection zone. Another area is concentrated
along the ~~rail "d corri r)n the downtown. Several light industrial type uses that had
previously bee1V:4a0 "~tº!IJ1~' became conforming in 1995 with the creation of the CBD-RC
(Centril1-E.t:, . es~~' ",~ riðtftfiilroad Corridor) zoning district. This district defined the boundaries of
the ii~ust.ria "'; ~~, _ ded the list of permi~ed uses and included seve~al special regulations
deaf~a~N~lth ov . . ea". arage doors and outside storage. In 1997 the City created an overlay
zoning~i.~ct fo portion of the General Commercial property situated on Federal Highway,
between '~J 4tQ! treet, Dixie Highway, North Federal Highway, and the City's northern boundary.
The district "'uows (under special conditions) uses such as light manufacturing, but it must be
accompaniecfbya retail showroom component. The change in the land use regulations was a result
of an in-depth study of the area and a need to allow special light industrial into the near-downtown
area.
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Institutional and Recreational land uses are located throughout the residential
neighborhoods of the CRA. Among these are four public schools, numerous churches, City Hall, the
Public Safety (Police) complex, the South County Courthouse, the City's Public Works complex, the
library, City Tennis Center, Community Center, and several public parks (see Appendix "0", Map H.)
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The majority of the vacant land within the Community Redevelopment Area is in individual
building lots located within existing residential neighborhoods.
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B. Existina Housina and Population
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The 2000 Census of Population and Housing indicates the Redevelopment Area contains
approximately 5,724 housing units, with a resident population of approximate.ly 15,258. A
breakdown of total housing units and population by geographic sub-area is provj~ød in Table 2-1
Part Two, Section Three of this Plan. The overall racial composition of t~e Community
Redevelopment Area is 26.50/0 white, 61 % black and 12.50/0 other. It should 9ø::D9te~~however, that
there is considerable variation in these percentages within different' 'ñ~Îghb9ffuods of the
Community Redevelopment Area. '~-';';~~i~;>, ,',
~ ~~~~
C. Existina Traffic Circulation ß\,":~;¡'{;\ìj;~ "''';' f
Overall, the street system within the Redevelqpô1er)L~rø;i;~~n ~~~t~mmarized as a
-.....j.L""'¡--:.-<~_·..i.~-<tl 'J-~~_'~'" .~
symmetrical grid. The local streets define a system of rectang,lilâ{'~sftá~g" blocks with the longer
block dimension oriented to the north and south. "#~s¡:~~'~f.~,"<~~\;:.. -.,
4' ';;~~1f0 .' '~'!},4:,,~,
Major north/south arterial roadways include A-1-A,~. 1, dfier 1-95. SR A-1-A is presently
two (2) lanes along its entire length with turf1lanes ' elected l?oints. US-1 has separate 3-lane
one way corridors for northbound and s~ound t ~;~!-. Or:\.-r~treet parallel parking is provided
adjacent to the outside edge of eachRÂi1ipor. 1-95 is ã~:~;';:ór expressway forming the western
boundary of Redevelopment Area. -¡:fe i~whange of 1-95 with Atlantic Avenue establishes this
location as the western entrance t~ø dow'It;' n area.
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Atlantic Avenue is onl" ,~o .Í('cipal e" west arterials in Delray Beach. The western
portion of this roadway is present~' t: .'.tIt as a 4-lane facility with on-street parallel parking. Traffic
signals occur at every ot block aIÔ;~" .this section. Within the central core district, the roadway
narrows to a 2-lane desig , :"':.iNj(tually' tv intersecting roadway is signalized. Parallel parking is
provided throughout much QJ tt5f$'fã( i 'ast of the Intracoastal Waterway, Atlantic Avenue widens
to a 4-lane undi~t~. desigrì~h pilei parking.
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The': "~ . Rede\ë1opment Area's traffic circulation system also includes several
collectC?W.ii,iJ~$i ", :'... ð~nton Avenue, West Fifth and Eighth Avenues, East Second Avenue,
and. " fí' '~r\6~n(1'j\ u!h First Streets. Additionally, NE. and SE 1st Street, between Swinton
Av' and U§:13 op ,~' e as a downtown bypass system taking some of the traffic congestion off
of Atì ,. AvenJ.¡';
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While on-street parking has historically and symbolically served downtown Delray Beach
well, off-street parking lots have been constructed to serve the additional parking needs of shoppers
and employees in this area. A total of 4,388 parking spaces were noted in a 1989 study of the 25
block downtown Atlantic Avenue core. In the time since 1989 additional public lots have been
constructed, however, there remains a need to provide additional public facilities. A study published
in 2003 in connection with the Downtown Master Plan indicated a weekday shortage of nearly 680
spaces in the Central Core area, and a weekday shortage of 319 spaces in the West Atlantic area.
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These shortages are even more pronounced on weekend evenings, when the restaurants and
entertainment venues are experiencing high volumes.
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II. GENERAL HOUSING CONDITIONS
In conjunction with the preparation of the 1996 Comprehensive Plan Evaluation and
Appraisal Report (EAR), the City conducted a visual survey of its current housing stoçk. Residential
"
neighborhoods were classified as to the overall appearance and condition of tt)~structures and
infrastructure (See Figure 1: Residential Neighborhood Categorization Map): Th~\plassifications
and their applicable descriptions are as follows: _::J};: ~
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~ Stable-No apparent signs of physical or other decline; no lmprovement '" ed
/k: r' -(:~
~ Stabilization - Appearance of minor code violations a!1¿fiii~n~enance probléms; some
improvement desiredi::;¿;,-" ':~'t\!,:, ~
'>.~;~":' ~~j\~", .{i~#' ¡;
~ R~vitalization-Evidence of decline in ?~nditi,Qn~·9f:.~lf~~l~!~~~, an'~ards; increase in
crime; property values stagnant or decllmn~, , c," , ¡""""~~¿f~2:~~~~
,~. ,-..-':~~~-:'-_;; . >',~::---;..~ '}, '1t(~-:l_.
~ Rehabilitation-Numerous code violatio~,'~; deterrfft~ted;-'ã:Q..cJ.non-maintained structures;
high level of absentee ownership; sign~jfant crimE:f~prob~ms; large number of vacant
lots ~;~~t~', ;,
.. ~~).-.,.~.
'~"~c;$~IJ.,<c. .'~._:'
~ Redevelopment-Lack of ba, rastructure; Tftcumpatible mix of land uses; numerous
,.;Jt, .
substandard structures ari' vaôij:g,t lots
~.-Jji~~ ~~y .. ~~f~~ >
The CRA boundaries ar~~ho~Q in the -~";~9,Ød area on the Residential Categorization Map.
It is evident from this map thãftfj,g" v~st .~ajority:;(5f neighborhoods designated as Revitalization,
Rehabilitation, and Redevelopmen1~f~ located with the CRA district. Conditions have improved in
some of these neighborHQ",QQs in the tim~,_since the categories were applied, however, there remains
a need for concentrated~~1t~.n~,_, to (?~gràde the housing stock in those areas marked as
Rehabilitation an~ Redeverqp~ë'n~ ' ,sllant to objectives and poli~ies contained wit~ t~e ~ousing
Element of theJ;i1~~:Compréi.~enSIVEf lan, these areas are to receive the greatest priority In terms
of ~pital i""!pf9,y,e, ~Tië,~n,~, JS" " COdè"~>~~!~rcemen.t, ~ousing rehabilitation assista~ce, and ~~cial pr~g~a~s.
It IS a major ·QÞlec1JX~,.of th, ~~-tlty to eliminate all substandard housing conditions within ItS
~,:!..,..~~ ~'\;, ¡.,t;",·fl.:- ,¡-'~ _ '
jurisdicti()Q~:~ To ã'~þniphsh;;1his objective, the City and the CRA must work together to dew~lop
progrç¡ths' áìrn~q,atm;~Xil'Dizing the impact of public expenditures to leverage private investment in
t("-lf to-t~~1- ~ ;¡.-; ~ ,
the'·atea. " ~:ft~
"~~;';%'i: ,~~
~!e a leat deal of progress has been made by the city in eliminating the signs of
deterioratiò"~:~thEféycle of decline is still present, particularly in the neighborhoods north and south of
West AtlantidrÃvenue, and cannot be eliminated without a major effort on the part of the public
sector, individual homeowners and private enterprise. In 1994, the City, CRA, and other
organizations created a housing partnership, liThe Renaissance Program, H for the purpose of
developing a housing program to eliminate deteriorating conditions and building new, affordable
housing in these neighborhoods. The CRA has also purchased a number of deteriorated multi-
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œAPtIC SCALE
LEGEND:
STB - Sf ABLE
STBLZ - SfABIUZAllON
RVZ - REVlTAUZATlON
RHB - REHABIUTATJON
RDV - REDÐÆ10PMENT
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COMPREHENSIVE PLAN
DELRA Y BEACH, FLORIDA
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L-38 CANAL
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RESIDENTIAL NEIBHBDRHOOD
CATE&ORIZATION MAP
MAP 1122
CI1Y OF D£lRAY BrACH. F1.ORÐ\
PlANNING at ZONING ÐEPMTMENT
MAY 2004
FIGURE 1: RESIDENTIAL NEIGHBORHOOD CATEGORIZATION MAP
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family buildings with the intent of redeveloping and upgrading them for affordable housing purposes.
The program is discussed more fully in Part Four of this plan.
III. GEOGRAPHIC SUB-AREAS
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Within the Community Redevelopment Area, there are considerable variations in the degree
of deterioration, land use patterns and existing socioeconomic conditions. In order to develop an
effective plan which is cognizant of these variations, the CRA has been dividedJt110 eight distinct
geographic sub-areas (see Figure 2) each requiring a different redevelopment,stratÈ\9Y. In addition
to addressing underlying problems and capitalizing on area opportunities, as~~J. ,. ~d r~development
strategies focus on maintaining and enhancing major assets which provideþo ~' :~Qtributions to
the redevelopment effort. Physical features, (e.g. landmarks, barriers,!;,activity centerŠ'~ C.J1 within
each sub-area are also considered, since they have a significantJáfJ.uence upon spe j.C C urban
design decisions which may impact overall redevelopment stra!~Y. "'~~~:,:,,, , '
-~ '""~J),. ~.!- .
The eight geographic sub-areas and their major characterî~tjps a
Table 2-1. ",l." "',,>,
#2 Central Core 275
#3 West Atlantic 186
Avenue
I Corridor
#4 Residential
Core
I #5 North Feder
Highway
I #6
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< Commercial!
Government!
Residential
Residential
CF, CBD, OSSHAD, RM
CBD, CF, OSSHAD, R-1-A,
RM
R-1-A, RM, CF
2,066
Residential
GC, AC, PRO, RL, R-1-A,
RM
CF, MIC, R-1-A, R-1-AA,
RL, RM, RO
Commercial!
Residential
452 1 ,577 Light Industrial!
Commercial!
Residential
158 593 Residential!
Industrial
AC, CaD, CF, GC, R-1-A,
RM
CF, U, R-1-A, RM,
Note: * Area calculations differ from previous CRA Plan due to changes in Sub-Area boundaries and
j inclusion of right-of-ways; ** Housing units & Residential counts from 2000 Census
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GEOGRAPHIC SUB-AREAS
COMMUNI7Y REDEVELOPMENT PLAN
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THE CITY OF DELRAY BEACH
COMMUMTY REDEVELOPMENT
PLAN
1. SUBAREA 1 ·
2. SU8AREA2 .
.1. SUBAREA3 =
". SUBAREA" =
5. SUBAREAS =
6. SUBAREA 6 =
7. SUBAREA 7 =
8. SUBAREA 8 =
11
69 81:18$
Z15act8S
186 8Ct8S
nt8Ct8S
206 8Ct8S
2fi(J 8Ct8S
168 8CI8S
76acMS
II
TOTAL
1.968acMS
~.,.....,..,.,
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ONE MIt.E
GRAPHIC seNE
CITY OF DEl.RA y ØE.4CI(. R.
Pf.ANNlNG & ZONING DEPNmfSI'f
FEBRUNWØf
uDtfJ((N.8C$EAW'$møI..
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FIGURE 2: GEOGRAPHIC SUBAREAS, COMMUNITY REDEVELOPMENT PLAN
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Another significant factor in the development of effective sub-area redevelopment strategies
is the participation of community members. The success or failure of stabilization and
redevelopment efforts is dependent upon the level of public support. Additionally, given the limited
resources available for redevelopment, coordination between public and private efforts is essential
to maximize efficiency and avoid duplication.
A detailed description of each of the eight geographic sub-areas of the CRA is provided
below. Each description provides an overview of existing conditions, including a list of major
physical features, institutions, and developments located within the sub-area. Ú"~~t
A. Sub-Area #1: "The Beach District" ,4~~~~..
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This sub-area, containing approximately 69 acres of land, c(~,!, <'!sts of several con ;,' " iniums
as well as resort hotels and businesses which focus on tour~§f ,¥!ty and tQe betlch. The
commercial area along Atlantic Avenue is, with few exception§~\tir:!1ite3:1i, depth,,~10 the frontage
buildings. Along SR A-1-A, business uses are limited to the Mar~!t Hoffñ,i,prl:fñe north side of
Atlantic, and a few restaurants, shops, and small hotels 09j1W~~ sí(j~;. WÆ~fíe exception of the
major hotels and some older nonconforming condominium bu~l, , ,-~iêt"@pment is at or below the
48 ft. height limit. i1&i~J'.j:,r '".if:~,,,- '".'
/v " , ''It :~c '
While much of the commercial space front ·rectlyon: e sttê~t, there are other instances
where the storefronts and sidewalk are sep~rated b rking lot ~r large stretches of landscaping.
This condition, combined with the 4-lan~þ-'{1ledian if~~f E. Atlantic Avenue in this area,
make this part of the downtown less p ~: trian friendly , , he Central Core area.
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Parking is in high demand,!Á~b~ are all public spaces are metered. Public parking is
located along the major streets ,] wet as in tw ';,ªf8d surface lots: one at the Marriott Hotel on A-
1-A and the other off of Gleas tr ,,,,,that the "fi.' Ity leases from the First Presbyterian Church.
There are additional public parkin lòcated south of the commercial area off of A-1-A, but the
hours that these lots ca~å~}~sed ar .. tricted and their distance from the shops and restaurants
discourages heavy usag~~< " iness 'f-~: :tons.
't>¡ .,yi
"t~ "f/,"
This are ~ seen s\. an 'private investment in building upgrades and expansions, with
the conversi . '~': forme~~panish River time share project to a Marriott Courtyards Hotel,
renovation 0 r 1< of 1fiìerica and Waterways commercial condominium properties,
constru, ,i'~: of 'Y:.'Iftlè( at Boston's restaurant, and approval of plans to replace a small
shop' g è > v WI ~, 4-story mixed use development at the southeast corner of Gleason Street '
an," .tlantic À'·, ' ue. ~he Downtown Master Plan includes recommendations for improving
pede ' safe nd increasing parking availability in the area.
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'¢- The Atlantic Ocean and the Beach to the east
'¢- Intracoastal Waterway to the west
'¢- Marriott and Marriott Courtyards Hotels
'¢- First Presbyterian Church
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B. Sub-Area #2:IIThe Central Corell
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This sub-area, containing approximately 275 acres of land, consists of the City's central
business district (CBD) and several fringe residential areas. The area, while primarily commercial in
nature, contains a mix of residential, commercial and light industrial land uses. The retail/restaurant
core is centered on Atlantic Avenue and Pineapple Grove Way.
The maximum building height allowed in this section of the CRA is 48' ~.t:cept for limited
areas where up to 60' is permitted by conditional use. With the exceptio,n 6f~¡ few mid-rise
buildings, including the office buildings in Atlantic Plaza and the Town §t!Jare ~ffice building
between the Federal Highway pairs, most of the buildings within the area are;~ðff~; ~~.:; '(-'ree stories in
height. The tight massing of structures, particularly along Atlantic Avenye and section ,'" -Pineapple
Grove Way, creates a solid continuous facade of buildings typically a$$ociated with olde øwntown
areas. The architectural styles are diverse, reflecting a downtowfr"iffãt:~· volved over de'"éades.
¥~~~k~ ~. ~ \r
!he wide. mix of businesses further ref~ects this diver~_ity. F~à~~rug~l~$,ldesigne.r we~r,
souvenir shops, Ice-cream stores and water-view restaurantS:;itfJ.e,downtown a~ reflects a diversity
of interests. The overall scale of the area is that of a smair;iQ~}íimEtdi~,siièd downtown which
presents a strong sense of place to residents and vjstt6r' õ"e. of the féw downtowns in South
Florida to have retained its commercial focus, this1"'area cð ~ . nuè~\¿to serve as a true community
center. 'f "!1~'t :~::s«
C';
Renewal and redevelopment hav; ing tiVity in the downtown area for a
number of years. Minor renovations a ~ - ~ habilitation 'ftjeen ongoing since the mid-1990's,
followed by major redevelopment pro· ;" 'ts _:.~ ore recent years. The Atlantic Avenue Beautification
project, which upgraded the sid~Wátk~ parlÕ~~and landscaping in the Central Core area, was a
major commitment by the City~-tCRA "pnd DD~~~fßvitalize the downtown business district and
generate private reinvestmenf'" .... ~~ted har~~ape elements, such as lighting, benches and
trash receptacles; specially paved ened sidewalks and street crosswalks and the street tree and
landscape program mak¡, tttis stret "\. f Atlantic Avenue one of the most attractive downtown
pedestrian corr!do~s in th '{, .~W;Jx:~ Sir:n ./" eautification measures were subsequently implemented
In the Beach Dlstnct and W~st ~1Œ~ rea.
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The nto <, area iXUrrently experiencing tremendous growth, much of which has been in
the area 0 '. 5 sing. 1f1ñe 33-unit Courtyards project and the 22-unit Town Square
develoR '.. '. " . iff in the late 1990's, demonstrated that there was a strong pent-up
dema ,0 ~t.l h<;>using. Several other townhouse projects followed, primarily along the
Fe . Highw' , orritõf, as well as the 160 unit Pineapple Village rental apartment complex. In
recen . . Rars th his been a strong interest in mixed use projects that provide shops and
restaura' , "on t 'ground floor and condominium units above. The new CityWalk and Arbors
(former Crê~p§ site) mixed use projects being constructed on Pineapple Grove Way reflect this
trend. The F~~ railroad corridor runs through the Central Core district, with more than twenty freight
trains traversing the area on a daily basis. Until recently the uses abutting the railroad were
commercial and light industrial in nature, and many had not been renovated in decades. With the
advent of construction techniques that provide significant sound buffering, several new housing
projects are now underway that will place residential units immediately adjacent to the railroad.
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Changes in the City's land development codes enabled the increase in the density and scale
that has helped the downtown to become more active and economically vital. In order to address
concerns that the new development would overwhelm the traditional one and two story buildings in
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town, Design Guidelines were adopted to help to keep new construction compatible with the
downtown's historic scale.
As with most traditional downtowns, street parking played the most important early role in
providing convenient customer access. When the Atlantic Avenue streetscape improvements were
planned, the critical importance of street parking was understood, and the parking was retained to
the greatest extent possible. Increased parking demands created by the redevelopment activities,
along with rising property values, illustrate the importance of moving toward structured parking. In
order to improve traffic circulation and enhance pedestrian safety, the Downtgf{n Master Plan
includes recommendations to change the one-way bypass system (N.E. and S.E. '1 st,Streets) to two
way traffic, and widening of the sidewalks along the Federal Highway pairs '(,. \
I....:~ :IJ:{..
Maior Phvsical Features:
,),,<
.~
~ The F.E.C. Railroad é
~ The Intracoastal Waterway ,4~\, ,-~'A., ;\~
-<} Contains many historic sites/buildings includin,g the Mðri,pa -;{'t;t1-;;~i~!15istrict and Old
School Square Cultural Arts Center ' '~~ .~~-'
-<} Pineapple Grove shopping district
-<} Bankers Row
-<} Veteran's Park
-<} East-West traffic circulation, "the bypa
-<} Federal Highway
c. Sub Area #3: ··West
'1~'r",
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This sub-area, containi ',:,1> ppr,oximatel cres, generally comprises a one-block (600')
deep corridor on each side ofi ·c 4:'\ißnue fro -95 to West 3rd Avenue. The second block ot
NW 5th Avenue neighborhood co ~ cia I area, :Slocated between NW 1 st and NW 2nd Streets is
also included in this sub~ê-. Over, ... e area is characterized by older deteriorating commercial
uses interspersed with va~ ': § and ~~ht buildings. Existing businesses are primarily oriented
to service the imm~diate né~~h ~:- q.J6cated on eit~er side of ~tla~tic .Avenue. T~e re~r portions
of the blocks frg . ,on Atl' c A v , ' ue are predominantly residential In nature with Units of both
single family. ' ",d 'Ie tam - designs. A large number of these are of relatively poor quality and
,!Ii. ,
require bOUT ' ~' _.major 'fØ^airs.
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~i re "",,' t strategy was put forth for the West Atlantic area in December 1988 and
met'§Jh subst~· I c :~n opposition. The strategy recommended acquisition and redevelopment
of the ,·re 'area ince this approach did not allow for the assimilation of existing businesses and
housing the gram, it would have required massive displacement and relocation of primarily
minority bu :', 'es and residents. This situation was clearly unacceptable to the residents of the
area. In a co " ter proposal presented by the West Atlantic Property Owners' Association (W APOA),
it was recommended that redevelopment of the area be accomplished on a block-by-block basis and
that commercial activity be generally limited to a depth of 300 feet from Atlantic Avenue rights-of-
way. This strategy was accepted by the City and included within the City's Comprehensive Plan as
an interim measure to guide land use decision-making prior to the creation of the West Atlantic
Redevelopment Plan.
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In 1993, the CRA organized the first phase of the planning effort for West Atlantic by inviting
numerous community members to a series of organizational meetings to discuss the concept of
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developing a West Atlantic Avenue Redevelopment Plan. These meetings, which were facilitated by
professional planners, resulted in the organization of a larger community based Steering Committee [1
of over 50 people. The initial charge of this Steering Committee was to develop a process and :
strategy for the planning effort. The Steering Committee participants referred to themselves as
II Stakeholders" in the resulting process which was termed II Visions West Atlantic". HVisions [1
West Atlantic" was a forum for a series of community meetings which ultimately produced
recommendations concerning redevelopment issues for West Atlantic Avenue. These
recommendations formed the backbone of the redevelopment plan, which was adopted by the City
in 1995. The plan holds the commercial zoning to the 300' limit on most blocks:J~uilding heights t1
are limited to 48' with a preference expressed for two- and three-story buildings. \:i, j
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A non-profit development corporation was created in 1998 cat : ~)'i,est Atlantic n
Redevelopment Coalition, Inc. ("W ARC"). The organization's Board cOr]sists of propè<- '-:' . n~rs and
business owners in the West Atlantic corridor as well as two CRA B.iªrd Commissione .' .1W ARC
advises the CRA and the City on any matter pertaining to W est A}~åntl~¿~}IV ARC also márkets and []
promotes the avenue by holding special events and contributing~~Jestl~ ' in the:~rea.
''q~~, ' _<~lP
In 2000 the CRA put out to bid 4.5 acres of laFJd;~1tiì~~;j9~~r~,9atè:<Ìf6r redevelopment 11
purposes. The successful bidder, Atlantic Grove Partners, 'ðQrts1§f~_~pgrtnership between a I J
private development company (New Urban Commugjttf$S1.,~9F ~Jocal nor. profit agencies (Del ray
CDC and TED Center). The resulting project Îbnsists~~~~~\~::~tory buildings housing 20
condominium units and 46,000 sq. ft. of commètJiial spac~rontfng Atlantic Avenue, with 55 [~]
townhouse units to the rear. The CRA proviçJed sub~t~Jes so thcìJ 1 0 of the townhouses could be set '
aside for moderate income, first-time ho !\. .ners. i."~~";'-_'"_ ,/Ÿ
In 2001 the City adopted the D~ Delray B=~':aster Plan. A major objective of the (]
plan was the unification of East ag6~st A ic into a seamless downtown. The plan called for
the creation of a "gateway featu ·if at 1-:~5 and , tlantic to signify the entrance to the downtown J 1
at that location. It also provi' ' r p,JJt>.tïc plaza.. ' pocket parks, and streetscape improvements II j
along West Atlantic and NW /SW {Venues. Many facets of the plan are in the process of being
implemented. In 2003 th ~, " , A contr ~~ith the eng:~eering firm CH2MHiII and Miami artist Gary J },
Moore to develop a bea , .~. n plan !i\',.~-'NW/SW 5 Avenue. The streetscape design, which t
includes colorful rough tev..,,,,, ~ .~~. ~. . e, dlks and bronze inlays, was developed in concert with
residents and ''" " ,ss O,wÄ:fEffS of , e area, and will reflect the history of the avenue and the
adjacent nel ' -~ s. co-~cted is anticipated to begin in spring of 2005. []
1!.WJi1J.~ ,.< t~~ contracted with the engineering firm of PBS & J and a team of local
artist .:tß~a~~' ~ ~!e\yay Feature. Public input is being'sought through a design charette, and it U
is~" .ipated t he.ceptual design will be completed by March 2005.
rÝ
¡ ,fity d the CR~ have inve~ted substanti~lIy in the beautification of the,!, est Atlan!ic lJ'
Avenue co· ~ (' In 1990, In order to Improve the visual appearance of the corndor, the City
developed a eenway program to landscape the vacant private lots fronting along the avenue. This
program was very effective at improving the visual appearance of the corridor. Additional [I
beautification, including streetscape improvements with paver block sidewalks, landscape nodes J
and street lamps, were constructed in 2003 with CRA and TEA-21 funds. The initial phase
improved the blocks between 1 st and 6th Avenues; future phases will complete the beautification U.¡
through 12th Avenue by 2006.
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Maior Phvsical Features:
-¢- 1-95 Interchange including landscaped mini-parks (future location of Gateway Feature)
-¢- City Administration Complex
-¢- Main Fire Station Headquarters
-¢- South County Courthouse
-¢- City Police Headquarters
-¢- South County Courthouse
-¢- City Community Center
-¢- Municipal Tennis Complex with Stadium
"
:t~~~
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D. Sub Area #4: "Residential Corell .¡pc[
-~' /'~~~~;~~, '., "
This sub-area of approximately 728 acres contains ttfê?-,rnajðf~_, of th~t1tCitYs minority
population. When the area was originally settled, it was consideredtòJ>e o~ q~tfkirts of the City.
However, with the construction of 1-95 and rapid expan~:iØ:~" ',., ,t, it r~"'~ow located in the
center of the urban core. The area is primarily residential in n :"f àiQg'approximately 2,224
dwelling units consisting of single family, duplex andlP'ttlfti :' rtli(): structurês. Building heights are
limited to 35 feet but t~e majo~ity o~ st.ructure.s are S~~,gle sto ve~~)~is area contains.th? bulk of
the older, poorer quality housing within the City. Th~epresse ';.. cOllØtruc status of a majority of the
area's residents has made it difficult to provide ade '" ~te mainfÎnance of housing units within the
neighborhood. As a result, a substantiaktt-ember 0 ' ,tureJ'are in need of major repairs and
rehabilitation. ,,< ~~~yv
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The neighborhoods north #A1ntic ,ue are comprised of primarily single family homes,
and the housing stock is gene~affy in ~etter co . ·Qn than the neighborhoods to the south. The
historic West Settlers Districtð!1fé ~een N p "'rd and NW 5th Avenues, between MLK, Jr.
Boulevard and Atlantic Avenue. }>'RÀ establišhed the West Settlers Advisory Board to oversee
planning efforts and gral1 ' tivities a at preserving the remaining historic homes in the district.
In addition, the CRA has ~ _ ,~d the ' ~tóric La France Hotel on NW 4th Avenue and is exploring
plans for its long term us~~as : ~(,;J15using. The City and the CRA, in association with the
nonprofit organ·· . n EPO''':' , ha~restored the former home of Palm Beach County school
principal Sol : 0 'pady i . to a museum of African American history.
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. .~, -outh of Atlantic Avenue were addressed in the Southwest
itizen-driven plan that was adopted by the City in 2003. The plan calls for
,;
n abilization of the neighborhoods through street beautification, housing
ar (s, and improvements to recreational and service facilities in the area. The
he establishment of an inventory of affordable housing to ensure that existing
e priced out of the neighborhood once the redevelopment takes hold.
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One of the largest affordable housing developments in the City, "Auburn TraceR, is located
within the Southwest area. This 256 unit housing project was accomplished to provide affordable
housing through a public/private cooperative effort. Another affordable housing project within the
area is Allamanda Gardens, a 36 unit single family subdivision that was developed with County and
City financial contributions. More recently, Swinton Gardens, an 11-unit affordable single family
subdivision, was developed by the City at the NW corner of Swinton Avenue and SW 10th St.
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The CitYs only public housing project, IICarver Estates" is located within the southern section
of the area. This 200 unit development has provided housing for the City's poorest residents for
approximately two decades. However, it was recently found to have structural problems of such a
severe nature that it would be more economical to replace the units than to repair them. The
Housing Authority is beginning its efforts to develop a plan and acquire funding to redevelop the site,
possibly as a combined renter and owner occupied development.
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~ Allamanda Gardens Housing Development
~ Auburn Trace Housing Development løffi~~1i~y¡::..
~ Catherine Strong Center ~~
~ Delray Full Service Center ~
~ Village Academy
~ Carver Estates
~ City Public Works Complex
~ 1-95 as western boundary
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In 1992, the CRA launched an affordable housing program in partnership with Palm Beach
County, the City, the Community Financing Consortium, the TED Center, the DeJr~y Beach CDC,
and local builders. Through this program affordable single family homes are provtØed to income
eligible first time homebuyers. The City and CRA are also exploring the pos~~~jJity of~stablishing a
Community Land Trust (CL T) which would be a means of creating hðtmm~~~.' f~the NW/SW
neighbo;:;~~;;~::::~:::able for generations to CO:::::~~~*f,r} ... <,.~~ '
E.
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This sub-area of 06 acres is centered on the N. Federal Highway Corridor.
The majority of the area, nexe!?;tthe City in 1988 as enclave #24. The City adopted a
"Finding of NecessitY' and ~e, ., ""'. UJ.}ifY Redevelopment Area was amended in 1987 and 1989 to
include most 0tJnt&ijnnexatl it~areà'''he City paved streets and installed water and sewer service
within the. a~.2 i~!n Wlf. The ~aining County enclaves, including the Delray Swap Shop, were
annexed In l' . : ' ,~Z;j _ , ;
~.,..i ' -1/.ÿ!r
4A$.":{ªI,·~ '~jo, " r~perties fronting on Federal Highway are used for commercial purposes.
Fq¡;;. ny year is " age was utilized for strip commercial and auto-oriented uses with little
sense .~~prder. ':~_ uildÎngs may be up to 48' in height but most development in the area is single
story. ''m!iI th'mid to late 1990's there were many commercial structures that, due to age and
obsolesce~4,'t;re poorly maintained or abandoned, creating a negative economic impact and
blighting inflLjifnce on the entire area. Homes within the residential areas were generally in poor
condition and undervalued compared to other eastern neighborhoods in the City.
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In 1996, a joint effort between the City of Delray Beach Planning Department and the CRA
was launched to write a redevelopment plan for North Federal Highway. The plan called for creating
a higher density (up to 18 units per acre) multi-family zoning district, an over1ay district over a portion
of the General Commercial which would allow, under special circumstances, light industrial uses,
and a large beautification program. The residents in the area opposed the higher density
components of the plan while the commercial interests largely supported it. The City and CRA
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revisited the plan in 1997. After a community wide planning charette facilitated by the Treasure
Coast Regional Planning Council, the provisions allowing for increased densities were eliminated,
and in March of 1999 the City adopted the North Federal Highway Redevelopment Plan.
In the years since the plan's adoption, several blighted buildings were demolished and/or
redeveloped, including the old Miller Dodge dealership, Arrow Trailer Park, and the Delray Swap
Shop. Two new high-end residential developments, The Estuary and Old Palm Grove, have been
constructed in the area between Federal Highway and the Intracoastal Waterway. These
developments have increased the property values of the older adjacent neighb9&600ds, and are
helping to provide a local customer base for businesses along the highway. There'~re still several
aspects of the plan that need to be implemented, including connector stre c' oc\et parks, and
beautification of the neighborhood streets. .'; -". "~\, If\
Major Phvsical Features:
t'
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-¢- Intracoastal Waterway as eastern Boundary for a paff~the
-¢- Acts as a northern "gateway" to the city "I(,,~,,:_
-¢- The F.E.C. Railroad is the western boundary J'. ~;;,~>~
-¢- U.S. 1 runs as a "spine" through this sub-area
-¢- Increasing residential development ¿"f$%"'.
-¢- Several automobile dealers and used '- riots
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This sub-area of approxim. p acres is primarily situated between N.E. 2nd
Avenue/Seacrest Boulevard and.Jfi'e,..F.E.C: "!,: ilway, north of 4th street. A portion of the area,
located south of N.E. 8th Stree witfJin the 0 a Historic District. In general, the overall sub-
area is residential in nature~' V~:i ~ome I., intensity professional office development is
clustered within the southernmo 'prtion and there is a small industrial zone located in the
northeast corner. Building,! ~ights ar -' ~ ited to 35 feet but most development is single story. Two
public schools (Plumosa I')tary. '.t1antic High) are located within the area. There are
approximately 760 residen ~ I .t\'fi!ltJiri the area, consisting of single family, duplex and multiple
family structure~;;:;·. though ;~ ove1å1l housing conditions are good, there are many structures
throughout t!l ill' re· need 0 ~,ajor and minor repairs. The worst physical conditions in the area
occur in sever mily bugðíngs on N. E 3rd Avenue, immediately adjacent to the railway. Most
of the . .,ª" ha" {føÐ1(fied as in need of stabilization and revitalization in the Cit}ls
Com . "'f1efrttl"'" ~ ~
""....~
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.,1997, -". CI Planning Department, the CRA, and two homeowner associations met over
a one-ye 5:, erio : 0 devise the Seacrest/Dellda Neighborhood Redevelopment Plan. The planning
effort was '; ~ inr which local government and residents successfully planned together in order to
create astra, gy to improve their neighborhood. The Plan resulted in the pledge by the public
sector (CRA and City) to expend over $2 million, and the residents, through a property assessment
district, to expend $1 million, for street improvements, construction of parking lots, beautification and
a grant program. Most of the improvements have been implemented, including traffic calming,
landscaping of the railroad corridor, drainage improvements, parking lots, tot lot, and establishment
of grant programs for duplex conversions and beautification. In order to promote owner-occupancy
and stabilization of the area, several blocks were rezoned so that multi-family development would no
longer be possible.
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Maior Phvsical Features:
~ The F.E.C. Railroad
~ Atlantic High School
~ Plumosa Elementary School
~ Seacrest Christian School and Church
~ Del-Ida Professional Office District
~ N.E. 2nd AvenuelSeacrest Blvd.
~ Gulfstream Boulevard
I"~:~!~,
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G. Sub-Area #7: HOsceola Park" ,;t"f::r;r;':~~~}~;:i~);;
... "::Jr~~!--'1..'1;
This Sub-Area of approximately 168 acres is generally situa.llá! between Fed:~~ighWay
and the F.E.C. Railroad, south of the CBD. The Federal HighwaYJr6ntà_~ contain&, a mi>Cture of low
intensity commercial uses and auto related businesses. There,)s a8w¡ional ~mmercial/light
industrial development adjacent to the railroad in the northwest sectÎblJ,Of t~~r.e~¿ßtthe central and
southern portions of the area are single family residential ~D~~y£:~l,...T~~'Qyera1tðöndition of housing
is gen~rally goo~ south of SE 6th stree~ although ther~.~re m~~1tm~.t~~l.n heed of maintenance
and minor repairs. The northern portion of the su . tn' '^ . t\¥q~n SE 2nd St. and SE 5th St.)
contains the structures in the poorest condition~~ This a ," ha!'~9ndwiched a small area of
residential development between deteriorating co ' ercialla ':~1-Ise$~"This portion of the sub-area
has been designated a redevelopment area in the " Compr~ensive Plan. Building heights are
limited to 35' for the residentially zoned a ~'. "and 4 :. " in tÞ.t! commercially zoned sections.
'. #"
In 1998, the CRA and City a ~~ '1','< ong with the Osceola Homeowners' Association, to
create a neighborhood plan to st~9i.e'and i <:,,' , ve the area. The City and CRA, with a grant from
the State, conducted an histod/'building surv . ~~ pn December 6, 2004, the City adopted the
Osceola Park Redevelopmenf'ftt ~ÞiQ.h will b ~_ -intly implemented by the City and CRA.
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"1-95/SW 10th Street Area"
.: is SUb1'reäè of approximately 76 acres is a mixed use area containing commercial and
light ind '.. Ilantl uses together with a large cemetery and single family residential development.
The single ' iJ(subdivision is situated between the cemetery and another large vacant area to the
west. The ar,Fá immediately south of 10th Street, outside the CRA boundary, is light industrial in
nature and sets the tone for this portion of 10th Street. Building heights are limited to 35' for the
residentially zoned areas and 48'- 60' in the commercially zoned sections.
It is important to note that this sub-area is located within the impact area of the City's Series
20 well field. Any development or redevelopment in this area will be strictly regulated to ensure it
does not degrade the City's potable water supply.
Maior Phvsical Features:
-¢- 1-95 as the western boundary of the area
-¢- Series 20 well field in area
-¢- Carver Estates is located north of the Area
-¢- Cemetery with large expansion area along 10th Street
-¢- Large vacant parcels within the sub-area
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PART THREE: ANALYSIS
I. PROBLEMS AND NEEDS WITHIN GEOGRAPHIC SUB-AREAS
The purpose of this section of the plan is to provide a list of problems and needs identified within
each of the geographic sub-areas of the Community Redevelopment Area. These items are then
addressed within the Community Redevelopment Program through sub-area redevelopment strategies
which include the implementation of specific programs and projects of the Comm'J.f.11ty Redevelopment
Agency, the City of Delray Beach or other governmental agencies operating wif~jn the Community
Redevelopment Area. "¡<£;~"'~.;;
A. Sub Area 1: liThe Beach District" '~~'i;,~
.::~~~~;' :
Problems
f,.;j
/~;-~. <:¡f.~..... ~~.
~ Existing business mix limits the marketability of the arè'à'"\.t . '7:\~:~ o/(,J.i{;JC
~ The area includes under-utilized and unoccupj,i{,j,,~çQmrnefòlª1 buìf~fngs
~ Non-confor~ing land use still exists in the, .~;~~~-_'.~~~·~:~~~~:¥i~';.:{~;;.:,~ /.
~ Lack of parking .ð;"'··'~'~'~~;'~" .,,;-
~ Development pattern places many btÎÍnessé~~Qo ·'1~!. back from the street to be
convenient to pedestrians ~~. '~1?~ 1~)'
., ~
~
þ.;
:,,~~t.i~'
,¿,#~";"<
Needs
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~ Increase potential for new~:Øi . se commercial development that fronts the street
~ Increase nighttime ac~!~i~Jt..e. tti ,;,.,e, entertainment) beyond dinner
~ Coordinated market!Jif~< strqtegy for"··¡;" . .c~ Area, Downtown Core and West Atlantic Area
~ Increased economf~' ul}tljon throu i1.. private investment
~ Downtown transit "..;.:... .-
-¢- Improved pu " transpo ~~gn system
~ More parking ~ ..:-..!!,mo rtt~the increase in business and residential use
'~\ -"i.;~~ >., t~~~,· /¡-;"
..lea #2XDow';;~wn Core"
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.' -¢- Là u ,riendly parking system
, ~' " Traffl "0,. n deral Highway pairs travels at speeds too high for pedestrian-oriented area
~;~~pownt~wn bypass not functioning as designed--is more confusing than helpful to drivers
~'<i(, ",. " "ss mix does not include large scale employers
¡
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~ Improved mass transit system
-¢- More parking, and parking that is better located to serve all areas
~ Traffic calming and beautification on Federal pairs
-¢- Conversion of one-way bypass pairs (SE and NE 1st Streets) to two-way traffic
~ Business mix that promotes office uses
~ Expand employment opportunities to include larger-scale employers
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C. Sub-Area #3: "West Atlantic Avenue Corridor"
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Problems
-¢> Some areas along West Atlantic Avenue (frontage) present a poor visual image
-¢> The area is seen as neglected by the residents
-¢> Lack of substantial private investment in new development in the area
-¢> Area contains vacant and under-utilized property ,));
-¢> Vacant property provides a place for loitering and tends to collect 'tr4~h and debris
resulting in poor image ,¿:/.. ~:~
-¢> Existing buildings are so deteriorated that demolition and new cðMft'ù~~~ti:fT1ay be more
cost effective ' .,~ ;\:i~\
-¢> The mix of businesses on West Atlantic Avenue is,::ffmited to large"'~~~mber of
convenience stores and hair salons . :"'~{~~":,_ ,/'
-¢> Business market in need of expansion .' :~'" "'-i\~\" \,
-¢> Perceived high crime rate on West Atlantic is a deterì1~pt tÔ':{$bRPPr~J§', tenants, and
investors ;."j.);'';:., <'q?.-, , . ~.(., '<;~,;t'~"
-¢> Some buildings sited as strip commercial and hä'f(:Bõr&:n~t;~9J1 West Atlantic
t-tj'4'¿';¥.~¡~¥fi~!..-,'. '<\ox;."' '--'
Needs
"'k,~
'"",
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.~ ....l~~
-¢> Provide a positive image at this entranc the city ":,enter
-¢> Foster positive attitudes towar~rþQ~velop ~~. !.~ffort;i:hrough continued incorporation of
maximum citizen participati~to the planrífñ§\þ^tßcess
-¢> Provide employment oppQffum 0.. for the residents of surrounding neighborhoods
-¢> Provide for increased QØI.ì~unit ' or minority business ownership in the area
-¢> Provide .for a~eq~~té' n~ghborh .' , ~ommercial shopping opportunities for the
surrounding nelghtf~ ods"""" '.
-¢> Increase pedestrian a ',' "
-¢- Have housin~â~d mixe - buildings to provide new consumers to the area
-¢> Improve the pê{fë '<::in rela. ;flip of the Courthouse with other uses on West Atlantic
Avenue ~~;. '" .;--",.._ " )-:-
.t~...¡tf:!·'" . . . '~;V'f' i·...
A~r:f . :t "
D. '<'~~'"S-ub-A¡'ea #4: ï: êsidential Core"
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Ar.f1fðtßitns ~,
'!!i~ .~~, ""1!L; . ,~
,,4i¥¡ \f~ '
,4 ";~1'ß A suð'ianUál number of housing units are in need of repair and rehabilitation
'~~~,eubli~ousing project (Carver Estates) needs to be replaced
-¢> ·~tll~~r.jŠsues prevent the purchase and redevelopment of a number of vacant lots within
t~'<'area
-¢> The overall area is visually blighted
-¢> There is considerable trash and debris on both vacant lots and occupied property within
the area
-¢- Some roadways need reconstruction
-¢> Back-out parking creates a traffic hazard
-¢- Residential lot landscaping is not well maintained
-¢> Lack of sidewalks prevents linkage to commercial area
-¢- Some areas lack drainage
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-¢- Poor maintenance of rental properties creates blighted appearance and code
enforcement issues
-¢- Escalating land values have increased the pressure to create affordable housing.
Needs
-¢- New housing construction is needed to eliminate the large number of vacant lots within
the area
-¢- Existing good-quality affordable housing needs to be protecte,r
-¢- The area needs additional landscaping and better maintenance of eXistiQg landscaping
, "",t
-¢- Additional sidewalks are needed to keep people, (especially chiLºt.~n), f~~m walking in
5-....~..:.&;..;-~;;!.'f. ;':.1
the street and to enable residents to walk to work and shoppin~""-'';'''J;{~~~;0~::~t,
-¢- Pocket parks for neighborhood children '-:-_-~~:~,~~,
.' <',¡~~~>"'
E.
Sub-Area #5: "North Federal Hiahway"
~.
Problems
'r~_"o
""'~~~t~:;i:;í'~Z;;:~~f~t~;i~~",
-¢- Overall visual impression of the area re~~> or~~':J' "7~~:,.",~,
-¢- Some vacant structures and lots are sti fpresè . _,_. '~, ..;~
-¢- Some of the housing is in need of mai . nance a ':.ma¡'t<repairs
-¢- Silver plating shop on George Bush BI _ . s in nee(\t>f major improvement
-¢- Intersection at the corner of G".,~e Bus->. ~ yd. /u.§:11 is blighted
- . ;;fJt.,:t.~~'~
.;..
Needs ~ ~."c .
.ø..'f.. . ;.:"
-¢- Need to improve the:\tVÌšual appearã '. Qf the corridor
-¢- Need to stabilize ttt~~:i~id~lì.~al neigH;r.- 4"hoods to prevent further deterioration
-¢- Need to improve overæ{: ffidition of rnder housing stock
-¢- Need to upgr "e comm '. development to existing code standards
-¢- Need to beau . - <,}~grge B ~~.~.Blvd./US1 intersection
~:>';~.'< ;Jt'
p Ti.;!-
eacrestlDellda Nei hborhoods"
F.
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Proble . ~f.~l'
.1f~.,-
",é( -¢- So . ':~;~ n _~~~ousi.ng structure~. throughout the area still require maintenance and minor
repalfi~due'flo their poor condition
~~ > Blightffj conditions persist along NE 3rd Ave, adjacent to railway. Some structures
~ 1 'ø major repairs
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Needs
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-¢- The area needs support in its continued effort to maintain private investment
-¢- The area needs to be protected from decline due to lack of maintenance and repair
-¢- Rental property is in need of improvement
-¢- Home ownership efforts must be encouraged
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G. Sub-Area #7: IIOsceola Parkll
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Problems
~ Northern portion of the area contains residential properties sandwiched between
commercial land uses
~ Light industrial uses consist primarily of low investment, high turnover businesses
~ Many structures within the area are in need of maintenance and repaJr:
~ Many structures are in need of major repair or rehabilitation '-if;
~ Much of the area is located within a well field protection zone ~8j9h limjts the type of
commercial and industrial redevelopment ,_~";;'fP{~~{:~~J~_.
~ The area has lost its stature as a quality housing area. . '1'~<~it1:~.,
~ The area is significantly impacted by cut through traffic>;:ás motorists 100R~t~:bypass
downtown traffic .'~~ ~c~r.'~'~\f.'<' f'"
Needs ". .i'C~_,_ _,_ . 4',,~.;, 4")
~ Area needs to be protected from further declin~:"(f~~;'(G;bl{g~tloo i~tì~ences and lack of
maintenance and repairf.4''--':~:'~;~-',;. - -.".~, -' "'i':,
~ Comprehensive Plan requires the prePíràtio~""o~~xedèV~IQpment plan for a portion of
the area ,fF '.;~1::~} "i,'t,/
~ Several roadways are in need of repair ",. >t\~.
~ City's east~rn water w711 field ~qs to b :~~¡~~t:~p:
~ Federal Highway corridor ~ps to be bea'titift-ed' as the southern approach to the
downtown 'i~'};'? ·~:t;i*~/~,
~ Area needs higher proBøqí.on of '§l'qgle-family ownership
~ Area is in need of trq#fc calming e~tt§ .
/tt:: )t'~'. "'';:J''
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H. 10th Street Areal!
\i?t~1%t...<, ' >~~/
Problems '.\. .,~:.". ",~ -, J"<
... ~\~ {¡.ii/: ~1-
rSf¥$~;; t:-J< r-
~ Myâtl' ofttbe area is located within a well field protection zone which limits the type of
e8ritmerc~1 and inlfystrial redevelopment
-?:J ;/~,ingf~Ji!JmtY~~~~ØiVìsion contains many structures in need of maintenance and repair
_><~\s~·~:JM.º9.J;1 òf\'b.ß lighf-ìndustrial development is deteriorated
'f~Ýi~¡. ~ sulj~J~.ndã~mount of trash and debris within the vacant property and industrial area
..~;~~:-:, The ã~a is'''particularly barren of landscaping
..:5~_ Ii
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-¢- Need to protect the city's water wells
-¢- Need to stabilize and revitalize the single family neighborhood and provide buffer from
industrial uses
~ Need to repair and maintain the existing light industrial development
~ Roadways are in need of repair
-¢- Better code enforcement
-¢- The area needs additional landscaping
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II. OVERALL NEEDS WITHIN THE COMMUNITY REDEVELOPMENT AREA
As opposed to specific needs identified within the various sub-areas of the Community
Redevelopment Area, these "Overall Needs" are area wide in scope and encompass some of the
more serious problems that are prevalent throughout the area and contribute to the overall state of
decline.
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A. Removal of Slum and Bliaht /~~
. ~~
The Community Redevelopment Area contains a substantial nYmber ~f areas with
deteriorated and deteriorating structures that are a detriment to the health, s1ff@1:~"., Æ~lfare of area
residents. The existence of these slum and blighted conditions contribute to the sp'r ";~;,Qf disease
and crime, decrease the tax base and substantially impair or hinq · sound growth. "~é major
charge of the Community Redevelopment Agency is the consis!e'; '~~,..;,JJ:l0val of t!1ese ðonditions
while subsequently preserving and enhancing the tax base of the~pmmffw!Y Rede~lopment Area.
~ .~. ~r
The CRA continues to acquire blighted properties and assemblè~propeFt~~ tq~<~~ncourage their
redevelopment, primarily by the private sector. ,Æ'~ . ",l
In 1990, the CRA initiated its Subsidized Loag1Pf'ø7 .~~,þis program, which is available to
residents and businesses throughout the entire C ,distric et~.r with other more specific CRA
Redevelopment efforts, has been an impetus for ~h resid ' ~ :al ~$tf commercial improvements
throughout the district. Other programs have sin ',.been ad led , such as the Site Assistance
Program, the Façade Improvement Progrªdtj~.f.ind th' p...9fent Regions Grant program, all of
which have helped to stimulate private ~. vestment in ":res within the district.
~t--
B. Land Use it1t,,~'-,-
,.;.ft' " .
Delray Beach is prima'':;'" re)i<;jential c \ rnunity. Land uses within the City should be
balanced so that the commercia, :' 'åtional and public service needs of its residents can be
conveniently provided w'Jhin the co ? ~..unity. The Community Redevelopment Area contains a
concentration of the ci ~~ ' orer, le~ì~mobile populations, who are very dependent upon
convenience, commercial å{. ',,', ti9Ilãl facilities within th,eir neighborhoods. There is a potential
for redevelopm",.",efforts~:f eli e some of these facilities in favor of higher intensity
devë10pment.~, ~g. e'J, ...:n. -' .1 O. f the l\re, a-wfde and neighborhood plans that have been adopted within the
CRA district~' ':.fpr ~ he impðtJ~nce of attracting neighborhood businesses and services in close
proximity tg"the """. ". Ïf1jã-hiféas. The CRA is committed to implementing those plans and the
dire~t~~~~"'~ . nsurë'~that adequate facilities remain available to meet the needs of area
resk .,nts. Th ",JII ,_~,ccomplished through incentive programs that encourage small business
deve ~lJ.1en, t, P~r1êjde éapital for job creation, and make funds available for renovating or expanding
neighb~ipd bu nesses. The CRA is also making a substantial investment in street beautification
and lightin~~, ,.,' p attract customers to the redevelopment areas. At the same time, in order to
strengthen t~residential areas, the CRA is committed to implementing the projects outlined in
many of the adopted neighborhood plans, such as street beautification, homeownership programs,
and traffic calming measures.
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Economic Development
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The cit}ls survival as a governmental entity is dependent upon the generation of adequate
tax revenues to meet the service needs of its residents. Projects that increase the overall
marketability of the city as a commercial, recreational and residential area will ultimately increase the
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Slum and blight have a negative impact on the tax base of the city and are self-propagating.
Although there is often a tendency to focus on individual redevelopment projects at the expense of
resolving underlying problems in order to set the stage for redevelopment; the existing and planned
CRA projects and programs stress the importance of both. The success of this community
redevelopment effort is largely dependent upon the economic vitality of the area. The CRA's
programs aimed at the elimination of slum and blighted conditions and improving the standard of
living of its residents are intended to be catalysts for the revitalization of the entir~~~rea. Additional
projects aimed at increasing job growth and generating pedestrian activity in >')he downtown
complement the process by focusing on some of the underlying problems th>ª,~ 9rigiri~lIy resulted in
slum and blighted conditions. .f-~-:>;{:1~-'~~~;,~:t>
.. ~~\~~~ti ~
The CRA is committed to promoting economic developmen!;9:çtivities through i':i~bûsiness
development and site improvement grants, land assembly efforts yvt1ic1'\iQ1ake larg~r sites available
.~ ~.~ ~
for redevelopment purposes, and support of Chamber of Commetë~~and-~~ progr~ms such as the
cluster study and business recruitment program. - "" . '~':'l;;.",f
D. Affordable Housina
In today's economic climate. a major prosi::!:~~;'!Jqv!,!rnment is the provision of
sufficient affordable housing to meet the needs of iicurrent ànq proJècted population. In general,
the housing delivery system is driven by the private~ptor, whi\n is a market driven system. The
South Florida area has become an incr _ _singly popùt~\¡.;pe~t.i¡tation and the strong demand for
housing has driven prices continuou§k> ' ,pward, so ttìãt1f.every city in Palm Beach County is
struggling with the affordability issue.,~h "d~ more and more pressure on government to ensure
that there is an adequate supply 2t~llQÒsing-'fø1~,@rve people of limited means. Local government
can have an effect on the hous1~' deli~ery procè~~)p a number of ways, such as by maintaining an
adequate supply of buildable lá~ro.¥Jd.t[1g incerJllves and density bonuses to builders who create
affordable housing, participating in'-'Q~:costs of infrastructure, reducing impact and other fees, or by
taking an active role thr6 ~" actual CQ~truction and sale of housing units.
. ~- ~~i
In conjunction with 0' the Downtown Master Plan the CRA examined the issue
of hous.ing aff9ta'\?A~ty wit -" CI IZ ,s committee that was c~arged with. r.esearching possible
alternatives ~ prögfpms. Tf\~ committees lead recommendation to help mitigate the pressure on
housing prié"ê~1~.:~hel!l~~~.blish~nt of a Community Land Trust (CL T) which would keep the resale
cost of ~~~~~,~ri~~~Wm&~~f below market value. The CRA has been working with a consultant
in c~!~tó11_l@~téÍftU§Þ 9ne locally. Another program that is in the process of being adopted would
proJi1,~~ densi~~nu~;<g for developers in the Southwest Neighborhood who provide affordable
housln~Ì't ~~,-
;~~f the CRA in this process has been and will continue to be one of active
participation:1f'hrough programs that improve the overall area, provide financial opportunities to
area residents to improve their living conditions, or by creating incentives for additional private
investment in the area, the CRA has encouraged the improvement of existing housing throughout
the district.
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E. Downtown Housina
The survival of retail in the downtown is directly linked to the number of local consumers
supporting the market. Downtown housing comes in different forms, single-family housing, town
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homes, apartments, and condominiums. Successfully renewed downtowns have the important
element of housing, particularly housing for young professionals, young retirees, and downtown
employees. These residents become strong supporters of local businesses and, in turn, local
businesses are able to improve and expand their goods and services. In recent years the downtown
has seen a surge in growth in downtown housing projects, which has begun to address the lack of
this important downtown element.
The CRA has supported changes in the City's Land Development Regulatiqns which have
encouraged the establishment of new residential housing in the CBD areas. In aq~gífion, downtown
housing was a major component in two redevelopment projects that were part of CR~-issued RFPs:
Worthing Place and Atlantic Grove. Continued growth in downtown housing~- ill helìtensure that a
strong downtown providing varied products and services can be enjoyed bY Gt~t!' residents of
the City. These improvements will provide the stimulus and sustainability that the dow~'Qwn needs
to maintain its vitality. <,,('~~_ ..,.-
Atlantic Grove
Town Square
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F. Infrastru -_ 'è'>
The provi~!?n of su)kg. n .~ . ~ture and community services is primarily the responsibility
of the City. Hq~~!he CRÄhas c mmitted to funding part or all of several infrastructure projects
that are caJlê1t:4.or rl many óto;¡:¡he adopted redevelopment and neighborhood plans. These
improvements <;~'Ðç!JJ{jQ~~~giltcations to the traffic circulation system, pedestrian safety
enhan - _éfñ~~;J. sYii tscâp'~- projects, and the provision of parking. Parking is an important
infr .' ructur~~mro -: :.¡ nt that is a requirement for successful downtowns. Other infrastructure
impr JJ1ents rri~}' be,1(jsed by the CRA as incentives to secure private sector redevelopment.
- ~
;¡
~
." "creation and Cultural Facilities
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The CRA is involved in numerous projects that will expand and enhance recreation and
cultural facilities in the district. The CRA is facilitating the expansion of the Old School Square
campus onto the parking lot that the agency currently owns, and will participate in funding the
construction of the parking garage that will replace the spaces in the lot. The CRA also recently
committed to funding some of Old School's operational costs, in order to ensure that the facility can
keep user fees low for nonprofits and community groups. The CRA has also committed substantial
funding and administrative assistance in the establishment of the S.D. Spady Cultural Arts Museum
(photo below), which focuses on the history of African Americans in South Florida, and helped pay
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off debt service for the downtown Tennis Center. The CRA has also contributed funding for the
establishment of the new public library in the 200 block of the
south side of West Atlantic Avenue.
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The City recently adopted a recreation and parks
master plan, and passed a $20 million bond issue to create
new recreational and cultural facilities and upgrade existing
ones, many of which are in the CRA district. The CRA will also
.~~ ~ ~ ~~,,' - n-~ .!~!' ';: j P, be working with the City on the provision of pqcket parks and
If.· ~ . ~ i ~ ~ ~ I ~ ! ¡ ; : ¡: ¡; ¡; I public plazas as called for in the Downto~n M~ster Plan and
. ~ . ~ ~ : :( & ~ i 1;': " the Southwest Neighborhood Plan. Th!~~¡P!?tnné:çJ recreational
program will be adequate to meet the needs of area residents. /"¡-.:: ¡':":;¡Ci::;0;:~~:'L:.
'<~;,';~~f"" '
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MARKET CONDITIONS AND DEVELOPMENT POTENTIAL .... ~·".~t>~
..;....;;;j~. "¥~~~~7- .~¡i,
Between 1990 and 2000, Palm Beach County experl~nced a ~,t;pwth ~t~ J~f§1.1 °10 with a net
population increase of 267,800 people. In addition to the.,fÆ~~tièßt!.. ',!. 'on 5)1'"1,131,184 people,
an additional 123, 725 people m~ke Palm Beach Cou~~¥~~ea§Q~~â' tjon. Delray Beach grew
27.2°10 from 1990 to 2000, adding almost 13,000 !<flts'ri"~~¡,, t(1~,~ell past the 60,000 mark. An
additional 7,600 people call Delray Beach "home" .~. asonall" s tJ'\~t,downtown continues with its
physical improvements and business expansion pr ams, the ~!stri¿fwill draw increasing numbers
of visitors. Palm Beach County reports in reasin .itor expj:nditures in 1999-2000 from $1.5
billion to $1.54 billion. During these year - re wer -'~~~miUi¿n visitors to the county.
East Delray Beach, (east of 1:-4) IS . ',' . ected to grow at a significant level as older areas of
the City of Delray Beach continue&tð~'e redevet·'~d. The "eastward ho" movement is also still alive
and well as ~?re and m.ore 0t ,: dow town de ffpment is ~eared ~oward an urban setti!"g with
urban amenities. The hve, wo "'model hàvs become Increasingly popular, replacing the
suburban model which, is reflectl /'9f an earlier time. Delray Beach's community visioning
processes of the 1980's'lJ1!gJ 990's l1~p~d_ to encourage that trend to take hold in the downtown,
and was further reinforceài"~ffJ!{~,º02 Q\&wntown Delray Beach Master Plan.
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-,It\~;':J'' '-. _~pace is related to the creation of new businesses as well as to the
desÏ.9f#ámo~: ~ . ':-. ~panding businesses to IImove-up" to newer or better office space. A'
ma1f(~tJor large ale "ice space has been slow to develop, as evidenced by vacancies in some of
the ne~~l~.office pjeéts such as Town Square (17,400 sq. ft.) and the Grove Square office building
(11 ,60.0 sik~iP' ~'e latter building, whi?~ was b~ilt in 2000 and. never occ~pied, is scheduled to be
demohsheà~t~tJl1íke way for a condominium proJect. The Atlantic Grove mixed use development on
West Atlantia:Avenue has fared better-all of its 42,000 square feet of office and retail has been
committed. A market does exist within the CRA district for smaller professional office space to serve
legal, medical, financial, real estate, computer technology, and related businesses. Due in part to
the large retirement population east of the Intracoastal Waterway demand for medical office space
within the Community Redevelopment Area has been strong. Similarly, there is also a demand for
other professional office space including legal offices. Such users prefer smaller scale personalized
and affordable buildings prevalent in mixed-use downtown areas. The South County Courthouse is
currently undergoing an expansion that will nearly double its size and may increase the possibility for
jury trials to be held in the area. This would lead to a greater market potential for legal office space,
III.
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particularly in the West Atlantic Avenue area.
B. Hotel DeveloDment Potential
Within the Community Redevelopment Area the largest and most modern hotel is the 250
room Marriott Hotel on the northwest corner of Atlantic Avenue and Ocean Boulevard. At present,
the market for this hotel is balanced with business travelers and tourists. Other hotels in the area
include the Courtyards by Marriott, the historic Colony Hotel, Crane's Beach Hous~tand the Sundy
House, all of which account for an additional 231 hotel rooms. ", ';~t
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Redevelopment efforts within the downtown area, aimed at increasi ' ~<;'~'\ ~','" "'~:, \~'sm potential,
may encourage future demand for additional hotel rooms. Because only a very sm ,. 'oportion of
the Community Redevelopment Area possesses the amenity of ocea,a'frontage, it is un I ~J~that an
additional large-scale tourist-related hotel could be developed wi,tMin:'l~ area. Hpwevef'f, smaller
facilities (100 rooms or so) might be feasible. <,<~~i::,"·j~~~> \.
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When the City of Delray Beach was found eàps for the shipment of goods to
and from northern markets was the railroad. H tràt'ßusiness District of the City
logically developed around the railroad line. Th ilroad is t; however, without its negative
impacts (e.g. noise, & vibration), particular~Ybi;Q, low in. itydeve.opment. The City formed the CBD
Industrial Area Committee in 1994 to ev pate the proB c, ,,ªRðrecommend a solution. Data was
collected for the area including land u~øz; .... . g areas, existing parking, and employment. Based
upon the data and upon the char~<ij.øtjstic .Jhe area, the committee developed a new zoning
district, entitled Central Busines Æ f£Jìstrict-Railr ~'.Corridor (CDB-RC). This new district, established
in 1995, more accurately defi~ bÒJ,;l.Ðdaries . tfe area, expands the list of permitted uses and
includes several special regulati ~,#âfing with -Overhead garage doors and outside storage.
c.
Industrial DeveloDment Potential
Another area of t whic >', .the potential for additional industrial development is the
Interstate 95/SW 1 Oth Str~ "''' .'. Thi. rea, located in the southwest corner of the Community
Redevelopment ~a, contàia$t~ ,J' light industrial and commercial land uses together with a
large cemete~ ,.,single ~,milY residential neighborhood. It is important to note; however, that
the proximity~t!re s Seri )~ ;,,20 Wellfield makes it imperative that development of this area be
restricted to cle~"" . ich are non-impacting on the wellfield.
< : ': A thir ..~ 'ch industrial development may be a potential is the area on North Federal
High'~.bound þy r:Jt 14th Street on the south, Dixie Highway on the west, Federal Highway on
the eas1l\tJd the Pity limit line shared with Boynton Beach on the north. The area, zoned General
CommercII;> ,w ~. granted an overlay district in 1997 by the City Commission which allows light
industrial us : the user includes a showroom facing Federal Highway.
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D. Residential DeveloDment Potential
Key opportunities for housing development relate to the availability of vacant land parcels
within the older residential neighborhood. Additional opportunities still exist for private development
of both subsidized and non-subsidized infill housing. Changes in the Comprehensive Plan relating
to density offer new residential housing opportunities in some of the poor neighborhoods. The
South West Plan recommends a series of changes to the current housing stock.
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In addition to the need for housing to serve the needs of low-moderate income households,
there is also an opportunity to attract younger upwardly mobile households within and adjacent to a
revitalizing downtown area. The high occupancy rates of multi-family residential units in such
locations as Coconut Grove, South Beach (Miami Beach), and Mizner Park, as well as the popularity
of the Atlantic Grove project on West Atlantic Avenue and various town home projects on North and
South Federal Highway, indicate that a segment of the market at a wide range of prices is attracted
to residential environments that combine housing and commercial uses in a 'Village-like" ambiance.
E. Retail Potential I Downtown Market StudY ".
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In order to better assess the potential for commercial and residentiafgfðWm:tflthe downtown
area, a market analysis was commissioned as part of the Downtown PISln. The study W~;~.pllducted
by Marketek, Inc. of Atlanta, Georgia. Marketek had prepared si~U«t studies for the CJtÿ's West
Atlantic and Pineapple Grove districts in the mid-1990's. The curr,@ot sfQ.~~ included those areas, as
well as the Central Core and the Beach Business districts. The fôffb~wing1ttfermatiqb from the study
relates to a marketing strategy for the downtown area. %t,\:. ">;-:~:'" /,,~c·
,,:;~i,. ~;"~f.~~;;~~,~ "c.'."" " \~, ' ;,," "
Delray Beach has drawn upon its artistic c~aract~{L~1í~~~1.i3:ßtt~ehárm to attract retail
establishments offering a more "holistic" shopping ~~'ffê'J~ß. (3ij~tomers are offered a charming
shopping experience, unhurried, and un-hassled a· [they str e a\ªDue seeking unique items for
gifts or their own personal use. The market for lux "'\ goods 't<~ tinuës to grow at unbridled rates.
Delray Beach retailers continue to be leaders in tN egment if the market. Shoppers seeking
specialty items reflecting either cutting e~'.fr-ends or' . ;~tíQ!2J~hioned service find Delray popular
as a stand alone shopping region. Shgv1'Ì!s drawn to DèfmY'Beach come from throughout the tri-
county area seeking the city as a "~<~~Înati'>. ~ shopping area.
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A critical component of.~ continued e Ì!2,tnic revitalization of downtown Delray Beach is
the creation of a unified district'\vTtb...corifplementaifbusinesses that benefit from each other's sales,
customers and markets. The ì>ftì;ð}ry' vehicle' for developing unified groups of stores and
businesses is clustering~.. çreating 'ftiµtual advantages in terms of pedestrian flow and shared
markets between busine~ëtl:;,~,J~ducáità~f business owners, property owners and real estate
professionals about the imi\ ~~';~~tµ~ing this management tool is critical.
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Und~éng 'I';.~ ccessf~l_ cluster plan for the study area are the assumptions that downtown
will rem~in å ~~çj.-~~~!;.~,~.i~~,~ di~trict and that critical to its success will be .increasing the number
and varJ~,W?Qtþu~{i~ss1YP@$.~at will appeal to and attract target markets. First-floor space should
be ~$äïVeêf'1&; âii~d..related service businesses. Prime retail apace should be identified and
res . ~,~~ for ~e ~~,~ ra~retail and related s~rvice businesses. Off.ice an? resident!al uses sh~uld
be 10 ì\~d In u~þer-level space or on side streets near retail corridors. Unique, specialty
merchaìit~ shqjld be the focus of retail expansion for the downtown district. In particular, a range
of merchan(J~'1-'tliat appeals to multiple customer markets (visitors, local residents and daytime
workers) will Nåve the greatest long-term viability.
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The Downtown Delray Beach area has been defined into eight clusters. Redevelopment
opportunities are identified for each of the eight clusters based on existing uses and attractions,
identifiable linkages among existing businesses, potential pedestrian flow and business
opportunities identified through the retail and residential market analysis.
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CLUSTER 1- WEST ATLANTIC COMMUNITY CLUSTER-
West Atlantic corridor from 1-95 to NW/SW 6th Avenue, between NW 1st and 2nd StS.
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Entering downtown Delray Beach from 1-95, Cluster 1 provides the first glimpses of downtown.
Aesthetically, the portion of West Atlantic Avenue within Cluster 1 lacks appeal. Large tracts of
vacant land, vacant buildings, unkempt storefronts, a four-lane road, inconsistent sidewalks, wide
parking lanes and an unrelated mix of businesses inhibit the district's drawing power. Major
businesses within this area include numerous beauty-related (barber, stylist, nails),J1J:Jto-related (gas
stations, body repair/paint), convenience stores, a meat market and a funeral tïô~e. Few West
Atlantic residents interviewed for the market study indicated that they regYJ~~ly sliOp or conduct
businesses at these establishments due to a lack of selection/quality of gooá~q~~~_ices. As part
of the West Atlantic Beautification project, NW 2nd through NW 6th Avenue was~ít1\D{9ved with
widened paver brick sidewalks, landscape nodes and street lighting. T41is project is to b'tøtttinued
from NW 6th Avenue through NW 12th Avenue in 2005 and 2006'j ,$%\~}:.",. " )'1;'
Opportunities >'~" .,;;> )¡,
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As the primary gateway to Delray Beach, Cluster 1 offers': . , ""~! .~!11pfession of downtown
Delray Beach. It is crucial that this portion of West AUaftf rtt4~ be re è -'eloped to give visitors -
especially those traveling along 1-95 - a reason to et'ter < JJ.wrt::~ "Gateway" is currently being
designed that would welcome visitors to the city a j create ns'J'that there is a community or
·villagell ahead. The median would continue down t Atlanti ." venue, providing aesthetic appeal
and reducing the impact of the automobil be
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Apart from serving as an attractive g",,~ ~ _,"- to downtown, Cluster 1 is ideally located to act as a
community retail center with a mix Q.ti?èìSine~ that serve the needs of residents of neighborhoods
to th.e north and south ~s wel~.f'~~;' oth~er dow~~~~esidents. A variety of .affordable goods and
services targeted to residents"': p;ed to toqrJ§ts are greatly needed In the area as well as
entertainment options, especially ths. The~ scale of new construction, fast moving traffic and
displacement of existing:..gusinesse - d residents are major concerns and should therefore be
considered throughout th~:..; veloprif -~, ;t-process.
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condit~-9S an ",;" expressed needs of the surrounding community, the types
most ~eded~'in Cluster 1 include:
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-¢- ..;.#.¥~- :< ry siöre, perhaps with ethnic products
-¢- ~{.., Ph c .J'
-¢- l' Yout ' . cti ies (entertainment complex, skateboard park, music recording...)
-¢- usic tore
-¢- 0 ble apparel -children/infant's, women's and men's
-¢- S . 'e store, shoe repair
-¢- V Ideo rental
-¢- Family restaurant - a liS it down" establishment with something for everyone
-¢- Electronics
-¢- Affordable household furnishings and house wares
-¢- Banks
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Cluster 2 is suitably named the ttTransition Cluster" as development pushes westward from East
Atlantic Avenue. West Atlantic Avenue, especially the area closest to Swinton Avenue, is the logical
choice for expansion as space becomes increasingly scarce along East Atlantic Avenue. Access to
1-95 and multiple target markets (e.g., daytime govemmentworkers, nearby residents) make Cluster
2 ideal for redevelopment. Many of Delray Beach's institutional anchors are 10cÇltèd in Cluster 2,
including the fire station, police station, courthouse and City Hall, as well as ttíê'Tennis Center,
which is one of the city's major recreational anchors. ~.;.c{.~ii.ì,:.;).,\,.. \~,
As !n Cluster 1, this portion of West Atlantic Avenue is ~ot a co~pact sh~;~l~~~~~tr!ct with
businesses scattered along the Avenue separated by parking lot~:¿~l'd vacant lots. ~árt from
institutional anchors, West Atlantic businesses between NW /SW ,pf~"'Äîªnue and $wint6n Avenue
include national chains (Dunkin Donuts, Checkers), restaurants'l~ßckié~:.s, Doc'~~«AII American),
offices and services. The recent construction of Atlantic Grove (phò1Q:belòWJ~-j.n ?Øt14 between NW
3rd Avenue and NW 5th Avenue will help tie this cluster tQ,g~tt¿\~r~.. -;, ,,-.-,;.,:,
.' . '~f<.'~'~:};~1;{Z';;)~f!!§Sh~
This project provides two solid blocks of first floor bJjS1fr~,~ t1;~t, are a -~"~"?'.
mix of restaurants, retail and service establishm~'Îhs accò~f1nièQ ~y
second floor professional space. The third floor 10·· residen¿I~. an(fÇS5
town homes at the rear provide a start at developin ' downto~b urban
consumer b~se in this area. A mixed-use .ieiìeJopmen <~,lìlQ~_ ~øuthwe~t
corner of SWinton Avenue and West A~." - c Avenue an~'f1Érnew public
library under construction adjacent t~~h ~)Jrthouse between SW 1 st
and SW 2nd Avenue on W est Atl~f]):fic).venut~.u help to tie East Atlantic
and West Atlantic together. ~.¡,{",' "?!~"r,; ~,>~.
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To the north of West Atlantic Ave ~ efween Nw 3rd Street and NW
5th Street is the West Senl.ers Distric "e area within which many of the ,
African American familieŠ~~&~~Q,7.lpe . >ft~ttle Delray Beach lived. The .
S.D. Spady Cultural Arts Mijseìfm~!l~~Jôrmer home of S.D. Spady who
was one of Delr Wa~ch's ri\Øš."'t pro~1hent African American citizens, is located on NW 5th Street.
The West Sø.. " s ~~trict ha1~ become the center of African American cultural heritage in Delray
-'I. ,.,. 1;- ¡..
Beach." Þ' .~o/
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CLUSTER 2 - TRANSITION CLUSTER -
West Atlantic corridor from NW 6th Avenue to NW 1st Avenue
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As an~ ~:{ea in tr itióh, new development is already occurring within Cluster 2. However, infill
space a ~wargi .~ ;'1 structures offer strong redevelopment opportunities. New residential and retaU
developmef<tl~,)ª~rowing awareness of the African American experience in Delray Beach and
employees apð visitors of institutional anchors make this area increasingly attractive to developers.
Streetscape improvements, including widened paver brick sidewalks, street lighting and
landscaping, and traffic calming measures have played and will continue to playa key role in
transforming this area. The intersection of NW/SW 5th Avenue and West Atlantic Avenue is well
located to act as the center of the West Atlantic community. The S.D. Spady Cultural Arts Museum,
a new unique streetscape, a proposed public plaza at West Atlantic Avenue and SW 5th and the
Atlantic Grove project at the corner of West Atlantic Avenue and NW 5th Avenue act together to
create ideal conditions to spur new development and expand upon the community's cultural heritage
theme.
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Due to its proximity to employees (e.g., government), surrounding neighborhoods, visitors of
recreational and institutional anchors and "spill over" customers from Cluster 4 (many of whom are
tourists), Cluster 2 can attract multiple markets. The types of businesses that would best serve
these markets include:
A~~
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CLUSTER 3 - PINEAPPLE GROVE CLUSTER - 3~'þ~~' .,~~;;"
Generally bounded by NW 1 st Avenue on the east, the Fie Railr ~~~~Qn tlîE.!_w~st, NE 4th St. on the north and
the east/west alley just north of E. Atlantic Avenue on t south. i-J~i:, .!*J<
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Pineapple ~rove is developing its own .ideJ'tiJY as a 'ertainJÞ~nt and cultural district, separate
from AtlantIc Avenue. The western portl ¡Sf f Cluster 3 t~øf'Ptneapple Grove Way) has a strong
residential character. Historic bungatø~ s .'~ scattered along the streets, some of which are being
occupied as office space. Locate~l,tn~be ce . r of the cluster and running north/south, Pineapple
Grove Way is the commercial ~nter of the ter with a mix of convenience goods/services,
specialty stores, restaurants a . Y,. I activitie ],t>
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R&B and/or Jazz Club
Coffee Shop
Carry Out/T ake Out
Soul Food
Ice cream
Reasonably priced restaurants (Mexican, pizza, deli, seafood..~:~
Dry cleaner
Pack & Mail
Bakery
Daycare
Health club
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t Atlantic Avenue, visitors are greeted with a sign arching
;",¿plunity. Shortly beyond the welcome sign is the Ocean
, City Lumber Company, a development with a mix of
office, retail and entertainment uses located on the east
side of the street. The Lumber Company development
is an exemplary development that not only offers a
variety of merchandise types and services (e.g.,
restaurants, jazz, club, photographic ce,nter, art gallery,
florist, Mizner Electric) but green space incorporated
into the project is used for community events.
Architecturally the project builds on one of the
community's most significant historic themes - the
railroad. Thè< < mber Company anchors the southern end of Pineapple Grove Way, drawing visitors
northward from East Atlantic Avenue to Pineapple Grove.
Entering Pineapple Gro
over the street welcomin
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The following businesses would be appropriate for Cluster 3:
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Home Accessories
Antiques
Frame Shop
Arts & Crafts supplies
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~ Art films
~ Live Theater
~ Dinner Theater
~ Ethnic restaurants
~ Unique Retail
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CLUSTER 4 - ENTERTAINMENT CLUSTER -
Includes properties fronting on E. Atlantic Avenue from Swinton Avenue to NE/SE 5th A~~9ue
Many of the businesses that contribute to Delray Beach's growing reputatio(;l@S an~~~ntertainment
center are concentrated in this cluster. In terms of density, aesthetics and qáãlfff:qk~q~inesses, the
transition from W. Atlantic Avenue to East Atlantic Ave. is immediate once crossiñg;~inton Ave
where the road narrows to two lanes. The area is a walk-able, compapfshopping and eritQr;tàìnment
district lined with sidewalk cafes, shops, service and office use.$~,f·~T'!1~, strong q¡ix o(retail and
restaurants seems to have created the winning formula for this a(eçt. TràffJq is becdQ)ing a problem,
intensified by the ~ailroad crossing and drawbridge. The Pla~neà;~~R,~rking:~~r~ê' in this cluster
should alleviate this problem. The northwestern edge ,QtJbJ~-~~rea "I~ anc"hQred by Old School
Square, one of the community's most significant culturaf rêsQ'µrœ~:f:;¡::.(átteresént, this area alerts
visitors that they are entering "downtown Delray Be~A~~~ ,,,_ '>::..\,~. ,'-"'~
While several of the 'staur~~; '~a;;~ithin Cluster 4 are oriented
more toward tourists1t~sonal r~~idents and greater market area
residents, ~jtf:ieJ than '~ig_ents~lhat live in the area immediately
surroundiQS;~ downtown, '111èyi1nave greatly contributed to the
downto~ñ\!'~~èy,italization. Attracting casual lunch spots and specialty
me~~~~dise èii~r.ing to multiple target groups (e.g.. tourists, year
r~~d/s~asonal r~ . ~pts, downtown employees) would help promote
d'ãW;me t(affic in C 'er 4. Examples of such businesses include:
~~~t~;O> 'x, ~
~-': .. '_, Art galleries
"o"~~pscale men and women's clothing
,~ iLuggage
<" ,. Travel accessories and gifts
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CLUSTEA!Ã;;"" v ' , , ,~~ 'CLUSTER-
Geneß11Tý"b~'ít~f3~ b " - e~st!west alley south of E. Atlantic Avenue on the north, Swinton and SE 1st Avenue
to ~, . '..~st, SE ~~tt. t ,J.1Jð south, and the Intracoastal and SE 7th Avenue to the east ,
-', ~ ," .
Just so ", ô, . f DelrBy's most vibrant entertainment area, the Osceola Park Cluster is a mix of uses,
with predo: ~\!iQalefy office and retail uses in the northern half of the cluster ànd light industrial and
residential u. in the southern half. Within the northern half of the cluster, commercial
developmen(from East Atlantic Avenue generally spills over at least to SE 2nd St. East of the
railroad, the connection between East Atlantic Avenue and the area immediately to the south is
stronger with a variety of retail and business services. The development of the Courtyards of Delray
Beach and the proposed Worthing Place has fueled additional development in the surrounding area.
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The influence of the Haitian American community in Cluster 5 is evidenced by a variety of Haitian
owned or operated retail, service and community establishment. Cluster 5 has several infill
opportunities, particularly along SE 1 st Avenue and SE 6th Ave. One of the greatest weaknesses of
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the cluster is that it is not pedestrian friendly, especially along the one-way Federal Highway pairs.
Also, the area surrounding the railroad is currently underutilized and visually distracting, although
some new mixed use developments have recently been proposed for these areas.
Oooortunities
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Residential development is ideally suited for much of the area two blocks south of East Atlantic
Avenue. Positioned next to proposed shopping and entertainment uses, residents c9uld easily walk
to restaurants, stores, nightclubs, cultural activities, the Intracoastal and the b~~èh. Retail and
service uses that are related to businesses along East Atlantic Ave will hèlp~1pull shoppers
southward as well as serve residents of new housing in the area. E.;~~ii~~.._ \,
"~"-;¡"'?&~:i'i¡¡~ :1:
Vacant land next to the railroad on SE 3rd Avenue is highly visible and should be"~e<> . loped. In
the southern portion of the cluster, which is more removed from Atlagtj2 Avenue, recruit"' "n efforts
should focus on attracting stores that will act as "destination b~SrhEf'~ s," parti~ularly'; along the
Federal Highway pairs and should focus on building upon Haitiaff.~usi, ,es alreAdy in the area.
This niche would serve the needs of the local Haitian community as 'W~_" asi.Ì!'n~ç~fisitors and local
residents who are looking for a unique shopping experieng¡f~~" . !lijoe.ssè¡ thaC§tW'uld be considered
for the northern half of Cluster 5 include: ) - _;_·;JJ~~it~~;~;~~1~;~0L ~.'
"'~". ...~~~~~....
-<-:!;¡..
Haitian primitive art
Haitian restaurants
Fresh produce market with specialty pro .
Bookstores with French and G . - ,e Book
Travel Agents
Professional office and ra
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e and hlrbs - indoor or outdoor
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CLUSTER 6 - WEST OF THE I . oþ.~AL CL r R-
Includes properties fronting on E. Atl .~. Avënue from NE/SE 5th Avenue to the Intracoastal Waterway
~'},-'
Moving eastward on Eas~JÅ~JJ!.!C Ave ~4rom NE/SE 5th Avenue to the Intracoastal Waterway,
pedestrian orientation wea\ørì~: ~ ast'tlantic Avenue opens back up to four lanes and buildings
are predominate e storf~t1b, in : e cases, set back from the street. One of the community's
historic land~ " :.'~ COlort.Hote /(photo below), is located between the Federal Highway pairs
and offers ni~ . ntertainri\@nt on its porch. Between NE/SE 6th and ¡th Avenue there is a mix
of busineߧes i ~¡~o1ine station, restaurants, specialty shops and several office/service
uses. ~1i;(§ff(~'$,e .'. !1g the southwest portion of this block detract from its strength as a retail
10Cji~~. EaSr,?~)enue is Atlantic Plaza, a shopping center with a parking lot fronting on
Adántl : >. venue~ ~. .r
~
Oooortunities
The portion of East Atlantic Avenue between 5th Avenue and the
Intracoastal is ideally suited to attract tourists, particularly as it is
located between the Marriott and Colony Hotel. However, unlike
the Entertainment Cluster to the west, Cluster 6 should be - and
currently is - geared toward specialty retail that will appeal to
tourists and local residents.
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Businesses that would appeal to local and tourist markets include uses such as:
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-¢- Bookstore
-¢- Men's and women's casual apparel
-¢- Shoe stores with a wide selection of sizes and styles
-¢- A gourmet food store
CLUSTER 7 - NORTH FEDERAL HIGHWAY CLUSTER - ,,;; .
Bounded by the FEC RR on the west, NE 4th and 5th Streets on the north, the north/sou~h alièybetween NE 6th
and 7th Avenues on the east, and the east/west alley north of Atlantic Avenue on the;~,outh.\
~J?..:-1--:."~~~~':'}0!~:. ~_~{"?:
Each day thousands of motorists travel within this cluster on the Federal Highwaýpátr~'h Similar to
the area immediately to the south (Osceola Park), fast moving traffic J~!þng wide one-waft~áds with
an absence of on-street parking strongly discourages pedestria9 ,'frtftä9.. The high proportion of
office uses just off East Atlantic Avenue discourages shoppers::'frq,m ttìê~(ea. Tti~refore the few
retail businesses in the area are less likely to attract shoppers fF€W1 E~~~~!~n!!ptAvenue. New
residential development will encourage development thrq~"ghgijtJDe â(f~a. '\7- ~:"
~> -'~~~~~;Æ<~?;~~-}~£1~~i~,\ '"
ODDortunities ~"1!,~~~;;'1;,." \ì" -'",' .
,t-- -<.~,f~~;>f>,;, <'i::,¡\\:, "
The Federal Highway pairs present a strong oppor(Unity for ~t< de~ê10pment. There are several
vacancies and infill opportunities. Office uses shoûkt be Iimitâ1 to upper story space or in areas
other than in the retail core. In addition to o.Øic""e spa~~_ysine&$' support services such as printing
services, graphic services and office s~lies would bËt~iatfa:,rý located for cluster 7. Retail and
service establishments should apPEtl ffi~ployees and residents living in newly developed
downtown housing. Although di~~!l<to aè~plish, the narrowing of the Federal Highway pairs
and providing on-street parkingiš cu~rently bej~i~~plored as it would create a more livable and
Pedestrian friendly environme"'" ::" 1..~-;;, ~$'
~,............,.~.. 1'1
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CLUSTER 8 - BEACHSID
Includes area zoned CBO ea '
While. there ~~ and ~r§identl I uses in this cluster, retail and restaurant uses along East
Atlantic Avena,~¡pe~:en the ~racoastal Waterway ~nd the ocean, as wel~ as the restaurants,
hotels and shop" ,- :'~¡J~~ater largely to the tounst market. The area Includes some older
shopp.'il1-Ð'~~tt!~J ~.'>' devðfðpments that are set back from the street and have difficulty being
acc ~ed by pi\~st ~>~':
A' t~:-~L : ~
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The BeachslWtluster's oceanfront location makes it one of the most popular areas of downtown.
There are several businesses that appeal to both tourists and local markets. More of the same
should be encouraged. Office uses, particularly at street level, should be discouraged. In addition,
efforts should be made to alert traffic on A 1 A that they have arrived in downtown Delray Beach.
39
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IV. NEIGHBORHOOD IMPACTS OF REDEVELOPMENT EFFORTS
ì
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The following section describes the potential impacts of redevelopment efforts on the
residential neighborhoods of the Community Redevelopment Area and surrounding areas. While
neighborhood impacts have been considered for the specific redevelopment actions recommended
in this Plan, it should be noted that many of these projects are in the early stages of planning.
Therefore, some impacts resulting from their implementation may as yet be undetel11)ined. As these
projects become more clearly defined, and additional impacts are identified, this ~tion of the Plan
will be amended. Other actions described in the Plan for subsequent years 9re sL1Þject to further
refinement and elaboration in the intervening period and are consequerttlΡ~n9t i~luded in the
consideration of short range impacts. ~'.~"i~2~'~~¥1t
~ ';~~5~~
A. Relocation of Displaced Residents and BusineS'~.~:i:', ", l"
,~~~l {~~i~~ ï~
Residential relocations are contemplated by this plan in co~~ptiori~!!h qi~in projects. In
the event that existing or future CRA lead agency project~;~Q.,q~~g· fh~. relò~tron of residents, a
relocation plan will be submitted as a component of the proje~~ ;~è*r to official action on the
project. It is also important to note that throu9.p~::=th~:· ' ~ ~ !~ed effòfts of the Community
Redevelopment Agency, the City, and the privatS' devel .)".:.;~enf;,çprJ1munity, the neighborhood
housing st~ck will b.e expanded and thereby proviQ~ opport ~lies f.(sÌ" the relocation of residents
elsewhere In the neighborhood. "~?!r , ~
. ,~ :", . i\;,-,~ ~ I).
The displacement of some exis '" ; ~ b'1siness~~~§1lC'omemplated with the majority of the
planned redevelopment projects of tb-Þ:t' ~t'" During the planning phase of each redevelopment
project, the relocation of disPlac:~ó.v~iness¥i.;'·" ill be considered.
# iJ.~- 'i #''''
To protect the resident~ .)@ Comm. Redevelopment Area, the CRA shall formally
adopt a relocation policy containi > rocèdures (or relocation. When required by redevelopment
actions, the relocation o~~sidents in the Community Redevelopment Area will follow these
procedures. Expenses a:Tt~~f ncial a ,1stance required by these procedures shall become the
responsibility of the Comm~m .:' v Jðpment Agency.
"". ,~
Relo ~<':, licy: '( ~.
'~~
JI-'
,S߀ }Re 't.... ',JiProgram adopted by the CRA which shall cause the temporary or
é~~êrwr~l.'t 7ft'- gement of persons from housing facilities within the Community
,Jâ.~ Redevèl<æm. e;.. rea will contain an element and provision for the providing or
" . lacem~t hòusing for such persons in descent, safe and sanitary dwelling
a~!11mQ8ations within their means and without undue hardships to such families, which
su~~tion assistance shall include but not be limited to the following methods:
1. All affected residents will receive a timely written notice of the CRA's intent to
acquire their property;
2. The CRA will identify reasonable alternative housing opportunities for such
displaced family which shall be reasonably comparable to the property being
taken in size, price, rent and quality;
3. The CRA may provide moving expenses in a reasonable amount for each
displaced family;
4. The CRA may elect to provide subsidies to displaced families in cases where
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suitable replacement housing, reasonably equivalent to the property being taken,
is not available in order to make other replacement housing available within the
displaced families means;
5. The CRA may permit a former owner or tenant to occupy the property after
acquisition for a period of time either with or without rent and any such rent
charge shall not exceed the fair market rent for such occupancy; the fair market
rent should comply with rent specified under Federal Regulations that are used in
the Rent Subsidy Programs;
6. The CRA will endeavor to participate with the City of Delray Bea~jt~nd the Delray
Beach Housing Authority to provide priority assistance to eligible dí!\placed
persons under the Section-8 Rent Subsidy. Program and P~9}12..~ou'if~ing
Occupancy, as well as other programs available through th'ê Ö'~~g;J~"
"'~t!'·
B. Traffic Circulation /'&./.1;, ,,'-
Although the proposed redevelopment actions will inevitàbJ,y. in¿f~\~e Q,~rall traffic, the
Community Redevelopment Area is blessed with an exi$t;,~g Xºªdwày neMqì-¡(that services the
entire area. The Decade of Excellence Bond containéd ~~fí~Y0iffâf{i~~ç.!rcdlation improvement
projects including street reconstructions, alleyway'#jm~ßy'erñ~£Its and<-'r:bad widenings, which
increased the functional capacity of the existing,i~ystem:r1[[hé<~QJaj.or redevelopment projects
contained within this plan are generally adjacentlo major f't\Dspdftátion corridors and are not
anticipated to degrade traffic circulatio~ Withi"~e resid~ntiál areas of the Community
Redevelopment Area. ¿¡,fi,,;:_:~.. ··'¡;~~?t¡¡,.. .,,?
,.~;- "'~;~~~~:~,[~)~~v."
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The major impacts of the CRA,.: Sf elopment efforts on the existing roadway network will
occur through its efforts to revitali~~d re ~~Iop the downtown core and West Atlantic Avenue.
Traffic calming and traffic connEWffvity ~re encof1~.ge,P in the development process. It should also be
noted that the continued develòp:¡ue Ù~Qd rede~ròpment of the compact downtown core should
also encourage alternate means Ò'lfi . spbrtation: particularity where employment and housing are
within walking distance 0 ach othe. . component of the redevelopment effort is the provision of
housing units within the d .,;; n are <.. gd many of the residents of these housing units will then
be able to walk or bicycle t ' . o~o work.
\"\_ ~q _ ;!f
seve~id~ rede~pment projects, located outside the downtown, are aimed at
increasing é8ô~9mi ~itality ttt(9{Jgh the addition of employment or shopping opportunities. The
close pr2~!.ty-,\\~~, -.' ~,I:f'develo~ment to these projects will, as in the downtown, create
oPPoØôffltìðå~f!r re'š1d nts to walk or bicycle to work.
!'''t~~''}. "i,,~ I
·t.1~tftl
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~. early 1~5, . e Florida Department of Transportation agreed to assist Delray Beach to
establis1i~" "Tra~portation Concurrency Exception Area (TCEA)". The TCEA includes the
downtown-:':r¡@.~.:;~rom 1-95 to A-1-A. Establishment of this TCEA allows for exempts new
developmen~d redevelopment in the area from being subject to the County's traffic concurrency
requirements. This was an important tool for facilitating redevelopment, as there is little or no
opportunity in the downtown to widen roads to accommodate increases in traffic.
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Although implementation of individual redevelopment projects may still require certain improvements
or modifications to the existing roadway network, these localized impacts will be reviewed when
specific project designs are undertaken. It is also recommended that architectural and site-specific
design solutions be considered to mitigate potential traffic and parking impacts of specific projects
on adjacent residential neighborhoods.
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C. Environmental Qualitv
The redevelopment actions proposed in the Plan are intended to improve the environmental
quality within the Redevelopment Area. At least one program, the Subsidized Loan Program,
addresses this issue by providing interest subsidies on exterior improvement loans for residents and
businesses throughout the Community Redevelopment Area. Improvements associated with this
program help foster a sense of community pride and spur additional revitalization efforts throughout
the area.
jl\~
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Other programs that assist with environmental quality are the Paint Up;frogrå\rn available to
commercial and multi-family residential buildings in the West Atlanti¿è':"~fè:a:;fi_ fhe Business
Development Program that assists new businesses in the West Atlantic area With"~r:ê-~t~subsidies,
and the Site Assistance Program that assists new businesses in th~'c!pommunity Redé'~tópment
area with partial reimbursement for exterior improvements. . . ""C:~~~;~{:'" '" .",-
"'./:', "Ç~~.~ '~,
Streetscape and landscape improvements associated~ ~Îth .rna~vf;;~l th~f~1edevelopment
projects will, when completed, upgrade the overall apP~9{~f.Mi~t,P! s~JrounGUpg areas. Several
projects, involving removal of existing uses and then full-šfiQJê!ffét:J~~~)ºpm'ent will improve the
appearance of several blocks within the downtown./~i';:·.;..~j,~~~~" '''''~\.!<. .." <"
f! '>~'::';;:'k '. "'<"~;<. .
Availabili of Communi Facilitit& and se'~tCe'~'"
t ", ~ ",
Since the Community Redevelo~t ~.. Ärea con rrn$JRe"bldest sections of the City, it has the
availability of the full range of comm4~t1ftY1~[Vices and facilities associated with urbanized areas.
The City of Delray Beach has eXP.§l!øtitd cðff§tderable funds on infrastructure improvements and
beautification efforts. Additiona~UY~;'In "the 199Ó~~11e ~ity has spent over 21 million dollars on public
improvements through its DeGa'~~f E~~ellence IJtñä program. The majority of the improvements
funded by the bond are located .".~. . ;':-·trte Comnfunity Redevelopment Area and include several
major drainage projects ,gf1d the nè Station Headquarters.
D.
¡
In 2004, the City 0,\. '., eac ' assed a Parks and Recreation Bond which focuses on
'r(",,\ A ,.'
th~ a.cquisition. o!l nt~ for thr~~f1e ~.~11<s and the ~nstallation .of a soccer comple~ to be built on the
eXisting Atlanücf' ~ ~Schoo~lte wtren the new high school IS completed. Funding from the 2004
bonds will al~",~ssf" : with thé1J~)ld School Square expansion and the construction of a parking
garage on that ~ '. . - _ j'
~~ ': e. ct' School Po ulation
-, '
A~~p~~~nt time, there are five ~ublic scho?'S within the Community Redevelopment Area
and one scH~~~~ Pine Grove Elementary, IS on the fnnge of the CRA boundary.
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The School Board has planned for the relocation of Atlantic High School to a new building
west of 1-95, placing the high school out of the Community Redevelopment area. The Village
Academy opened in the Fall of 2000 with grades K-2, adding grades each year until they reach the
12th grade. Carver Middle School was renamed the Delray Full Service Center, which is an
alternative school. This school site also houses a head start program and other community classes
such as adult literacy programs, etc. No other major actions affecting existing school facilities within
the Redevelopment Area are planned by the Palm Beach County School Board at this time. The
residential development programs identified within the Community Redevelopment Plan will likely
42
S. D. Spady Elementary School
Plumosa Elementary School
Delray Full Service Center
Atlantic High School
Pine Grove Elementary School (adjacent to CRA District)
Village Academy
434 .
of =~li.W4~;~~,
~;~,~.::~~:::~t\~#}
.¡Ø: -' .&r-?''' " 4,413
.;~'-_ "S"~~~~:=. \'-::...
500
395
144
1,974
586
478
4,077
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represent only a small percentage of overall County population growth.
Information on permanent capacity and current student population is provided in the
following table:
TABLE 3.1: PUBLIC SCHOOLS
Totals
Source: Palm Beach County School Board
-ft~~~i;. F
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V. RELATIONSHIP TO THE CITY·S C~EHENS ~: 'i:~~~5~'1
Florida Statutes require tha! ~ r munity Redevelopment Plan be consistent with the
City's Comprehensive Plan. In orgøy."tQ"Orema rrent in the fast-paced, highly volatile economy of
South Florida, the Community l1(âeve.t.0pment '. 's amended when programs are changed or as
new programs and projects th§f'~~., Qt includ ~ n the original plan are proposed. To maintain
consistency with the City's Plan a ~~tiered approach is used during the amendment process.
The first step in th ~. h ' ~s is a . ~ðministrative determination by the City Manager, or his
designee, as to. whethe~ th~.., _. '\:~~s¡rnendment is procedural!technical (e.g. changes to dates,
amounts of prol~;., " . ndlng, . ates,~tc.) or substantive, (adoption of a new program). Under the
former deterg¡tþati he ame&!dr:nent would go directly to the City Commission with the staff finding.
Under the lãtt~~~,h . .~ndmE¥1fwould first be reviewed by the LP A (P&Z Board) for detennination
of con~~~!~~a~.9~~tfJ:~ «¥~~gomprehensive Plan and then forwarded to the City Commission with
reco, en 8't'
I , i~~"
....\ i,nce am . dm"'ents to the City's Comprehensive Plan require a time consuming process and
are allo~;-~~nly 'ice a year except in cases of emergency, the Community Redevelopment Plan
will not be ~êtely assimilated into the Comprehensive Plan.
~!~~
Those portions of the CRA Plan and subsequent amendments which involve only the
resources of the CRA will not be included within the City's Comprehensive Plan. However,
whenever significant City Participation is a part of a CRA project and such participation has not been
addressed in the Comprehensive Plan, it may be necessary to process a Comprehensive Plan
Amendment prior to action by the City. Generally, it will be necessary to amend the Comprehensive
Plan in order to accommodate the following:
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· Those portions of the CRA Plan which would otherwise be in conflict or
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inconsistent with the Comprehensive Plan as it is now written;
· To provide City financing, or financial assistance, to projects identified in the
CRA Plan which are not already in the Comprehensive Plan; and
· To reassess and modify existing policies in the Land Use Element calling for
joint CRA/City participation.
It is anticipated that implementation of some of the Community Redevelopment Agency's
programs will require City financing or financial assistance. Redevelopment projects which are
dependant upon changes in zoning, land use designations, or amendmeDts to the Land
Development Regulations may be delayed until the City can make the required é~nges.
~"'~~
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PARTFOUR: THE REDEVELOPMENT PROGRAM
I. REDEVELOPMENT STRATEGIES
When considering redevelopment strategies it is important to note that the CRA cannot
possibly fund the immense task of redevelopment on its own. It must therefore structure its
programs to act as catalysts for redevelopment efforts by individual residents and bysinesses within
the CRA and to leverage investment by private enterprise. With limited resour~s available for
redevelopment efforts, the Agency must be careful not to spread itself too thi, by a\~mpting to do
too much at once. Innovative programming on the part of the Agency is , " ~,to maximize
benefits from expenditures. Since the implementation of a few strategically p ~well-funded
programs may have a much greater impact on the overall area thar;l'; many inadequ~l.funded
ones, programs must be evaluated in the context of the agency's Qi&ÇlII goals, and impfèmented
. ;.!i~:t.--
accordingly. $~ =i~~""_,,,> \';
:,' ~,\. -\\?, - iZ~;
The following are brief, generalized descriptions 91Jt!,e red~~~lop , :.~!~*trategies for the
various subareas within the CRA district. Most of these 5~~ . -, , ,icu(ãred in greater detail
in i~dividua~ redevelopment or neighborhood plans. ~T,' :ti ~~Io~{ilg sec ' 'Sectio~ II) describes ~he
various projects and programs that have been crea ~ to f¡ -" e1ìt those strategies. Table"" lists
the geographic subareas and the corresponding '. ects a .. og\ms.
;!'
A. Sub Area 1: "The Bese
The redevelopment strate,~:('~ th rea is to promote infill development that follows
traditional downtown patterns, ""jJfíthe storefr close to the street and parking at the rear of the
buildings. Street improvement i,f;. -<,e r\!:med to e "", nce pedestrian safety in the commercial area
along A-1-A, and also along Ea - ~tic Avenoe. Additional parking will be provided through
private/public partnershi s.
B.
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vel ~_ ment st . tegy for this area is to have it evolve from an upscale leisure area
; "-f,£Q,Q" ~ utsiders for its survival to a traditional, self-sufficient downtown.
, roV-f8'è for a sustainable mix of office, entertainment, dining, residential, and
sho .' log use .... ¡jøations to the transportation system will improve circulation in and around
, town, a " ~ en, If nce pedestrian safety. Centralized parking structures will replace many of
par . ¡ g lots, and existing spaces will be better utilized through shared parking
. . "'~, pans ions and enhancements of the public spaces at Old School Square and
Worthing Pa ~re planned. Restoration and preservation of historic structures will be promoted and
encouraged n the "Old School Square Historic Arts District. U
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Sub-Area 3: liThe West Atlantic Avenue Corridor--
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The redevelopment strategy for this area shall be to create a positive visual impact and
emphasize its importance as the entrance to the downtown, and to encourage development that is
supportive of and compatible with adjacent neighborhoods. Redevelopment projects shall provide a
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D. Sub-Area 4: liThe Residential Core"
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mix of uses (residential and commercial), with an emphasis on neighborhood-serving businesses. A
mix of housing types and affordability ranges is encouraged. Strategies such as a community land
trust and density bonuses shall be used to provide for affordable housing. Enhancements will be
made to West Atlantic and the major side streets in order to beautify the corridors, provide parking,
and highlight the culture and history of the area. Assistance will be provided to promote the
development of small businesses and those that are locally owned.
Development in the southwest area shall be consistent with the So est :. eighborhood
Plan, with a particular emphasis on the preservation and creation of afforda . e elimination
or rehabilitation of substandard housing, infrastructure upgrades, and)he provision 0 r~ational
facilities and pocket parks. The northwest neighborhood shall be s~9!Ð;tized through pres"" "'ation of
the West Settlers District and construction of infill single family hgúsiff~~.9n vacan\lots.
'''\,." "',~~, :to
E. Sub-Area 5: "North Federal Hiahwavll ":{~':;;'?~;£:r;~~1:i;,"~~"':'\'('>
'.. "7,.. - -,.j"~{~f.{~ . ~~,
The redevelopment strategy for this area shª*~ I~d in the North Federa! Highway
Redevelopment Plan. New development along t, comm ,,,; I ~Ødor shall be reqUired to be
closer to the street in conformance with traditio urban pi "~~ ning' principals. Improved traffic
circulation will be provided through the crea~lon of a < 'onal conr\bctions between Dixie and Federal
Highways. The adjacent neighborhoods ... t~e stabi ." ., ~ _.r~~h beautification projects and traffic
calming where warranted. ".~
The redevelopment strateg this area shall be to stabilize the neighborhood through the
strategies described in ttti .~crest/ ' a" Neighborhood Plan. Improvements outlined in the plan
. 'ng, Ii :. ñg, promotion of homeownership through the duplex
, -street parking.
F. Sub-Area 6: II
t strategy for this area shall be twofold: (1) revitalization and rehabilitation
d~. rial uses along the railroad corridor; and, (2) stabilization of the residential
gtì beautification and traffic calming.___
H. ,Sub-Area 8: "1-95/SW 10th Streetll
The redevelopment strategy for this area shall be to promote the upgrading and
redevelopment of the industrial uses and the stabilization of the existing residential neighborhood
through infill housing and rehabilitation programs.
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Sub-Area 1:
The Beach District
~f ~;_; 1~~~:~\~#{i]]:I~lI~:~~~'~~~X~~~ill!;0 ~~1¡~~K.~[~~J~:;:~;;;:'~~~;,i~.~L~~:;r:;~~1:j~i:è{3~¡¿iiZ~~~~¥r~£È~~:r~~~I~~;¡;~j;:;f:t~~~Y~,
TABLE 4.1: CRA PROGRAMS AND PROJECTS BY SUB-AREA
II. EDEV 'OPM AGENCY PROJECTS AND PROGRAMS
~ "'~--~s of the Community Redevelopment Agency are designed to solve
h~~e a blighting influence on the Community Redevelopment Area,
populace or take advantage of opportunities for economic, social or
Impro, e Overall redevelopment strategies of both the CRA and the City are
., ithin . ese projects and programs undertaken by the CRA. This portion of the Plan is
e ~"mmunity Redevelopment Program.
.~
The fðllowing sections provide a detailed description of all current and proposed projects and
programs for which funding is provided, or will be provided, by the Community Redevelopment
Agency. For organizational purposes, these projects and programs have been divided into three
groups. This organizational structure is not, however, meant to be mutually exclusive, since many
projects contain components which fit into more than one category. Group "111: Area-wide and
Neiahborhood Plans, include the preparation and implementation of area-wide redevelopment
plans and neighborhood plans that were produced following a comprehensive, collaborative
process. Generally these plans are completed following months of design workshops and
Sub-Area 2:
The Central Core
Sub- Area 3:
West Atlantic
Avenue Corridor
Sub-Area 4:
Residential Core
Sub-Area 5:
North Federal
Highway
Sub-Area 6:
Northeast
Nei hborhood
Sub-Area 7:
Osceola Park
Sub-Area 8:
1-95/SW 10th Street
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1.2 Downtown Master Plan 3.4 Downtown Transit System
3.1 Subsidized Loan Program 3.6 Historic Façade Easement Program
3.2 Site Assistance Program 3.7 Grant Administration Program
3.3 Communit Activities S onsorshi 3.8 Downtown Core 1m rovement Pro ram
1 .2 Downtown Master Plan 3.2 Site Assistance Program
1 .7 Pineapple Grove Neighborhood Plan 3.3 Community Activities Sponsorship
2.2 Block 77 Redevelopment Project 3.4 Downtown Transit Slstem
2.3 Old School Square Expansion 3.6 Historic Façade s@Øement Program
2.5 Old School Square (Operational Support) 3.7 Grant AdministraiiÓQ Program
3.1 Subsidized Loan Pro ram 3.8 Downtown C re 1m 'pvement Pro ram
1 .1 West Atlantic Redevelopment Plan 3.1 Subsidizeçg~..'·hi;, ram
1.2 Downtown Master Plan 3.2 Site Assistanc~ m
2.1 NW/SW 5th Avenue 3.3 COf11munity Activities~'d~. so.rship
2.4 South County Courthouse Expansion 3.4 D9.Wntown Transit Syste . ; ,,'
2.6 Block 28/36 (Atlantic Grove) 3.6. HmiiRc Façade EasemeR ·program
2.7 Block 60 Redevelopment ~~ Grartf(às!ministrati~ Program
2.9 West Settlers District 3.aV~~wnto'g~re I_~ovement Program
2.10 Workforce/Affordable Housin ~,.·;,.;t. ,dY
1 .3 Southwest Neighborhood Plan ubš¡ jzed '. Program
2.9 West Settlers District Ja . e Program
2.10 Workforce/Affordable Housing f'¿1~~'\~¥':- _ ~õ.~~ Commu ffy Activities Sponsorship
2.11 Carver S uare : ffI' ". -'%t..
1 .4 North Federal Highway Plan .<. "'¡; ~ .3 . -upmunity Activities Sponsorship
2.8 George Bush Blvd.lDixie Hwy. 6 Historic Façade Easement Program
3.1 Subsidized Loan Program ~J 7 Grant Administration Program
3.2 Site Assistance Pro . . _ 1>1
1.5 SeacrestlDellda borhood Plan" "'. f1::i'~;W'¿Y3.3 Community Activities Sponsorship
3.1 Subsidized Loq: . am 3.6 Historic Façade Easement
3.2 Site Assista'lc~rrogr-: . ~ 3.7 Grant Administration Program
1.6 Osceola 8àfffNeÎghborti . 3.3 Community Activities Sponsorship
3.1 Subsid·.dÍ#. oa Program 3.6 Historic Façade Easement Program
3.2 Site ce'f ram 3.7 Grant Administration Pro ram
2.10 W orkforc·.· . rdable Housing 3.3 Community Activities Sponsorship
3.1~ubsidized L:"g,Program 3.6 Historic Façade Easement Program
3.2· - .ssistance -,'. r§im 3.7 Grant Administration Pro ram
47
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community meetings, after which plans are adopted by the City Commission through a formal
process. Group 112": Redevelopment Proiects include projects created and/or funded by the CRA
to address specific areas. For instance, a street beautification project or the redevelopment of a
particular property or group of properties would fall under this classification. Group 113": Community
Improvement Proarams include ongoing grant and subsidy programs that promote CRA objectives
such as small business development, property upgrades, affordable housing, downtown
maintenance and safety activities, etc.
# 1.1: West Atlantic Avenue Redevelopment Plan
(For associated maps, see Appendix "D" Maps A. 1,,", .
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The descriptions that follow include the likely project participants, fundjn'~ sources, and
completion schedules. These are estimated based upon the information that is avaifable at the time
of the adoption of ~he plan. The information is included primarily for plann.!&\~,*e.~_rp~es, and may
change as the project or plan proceeds. . ·'··'''~$.'~~L; >, .
A. GROUP 11111: AREAWIDE AND NEIGHBORHOQ
'<'\rifJé;
Backaround
The West Atlantic Corridor between 1 Streets is designated as
IIRedevelopment Area #111 on the Cit}ls Land Use P if# location and land use pattern, this
area has considerable potential for mixed-!fé'è"develo ~.tédevelopment strategy for the area
was initially presented to the public in 1 : which outlin tibstantial demolition and would have
required the relocation of a large numt.1~r 0 . iªplaced residents and businesses. This plan met with
considerable public opposition a~~¿~ aba' ~ 'ned.
In 1993, the CRA or j¡~ first p e of a community planning effort by inviting
numerous community members t .'-< ries of organizational meetings to discuss the concept of
developing a W est Atlan~venue ~velopment Plan. These meetings, which were facilitated by
professional planners, re ' " ". . the or~f1'fzation of a larger community based Steering Committee
of over 50 people. The in\ial " . fi.,pTthis Steering Committee was to develop a process and
strategy for the.. ~, ing effQ~. : Th ~ ~teering Committee participants referred to themselves as
stakeholder .".ì1' h '. ulting . ocess which was termed II Visions West Atlanticll. "Visions West
Atlantic" wa .,' r a seri :. of community meetings held over a two-year period that ultimately
producj~@ pm '" -oncerning redevelopment issues for West Atlantic Avenue. These
reco. .menaa ,; e backbone of the West Atlantic Redevelopment Plan, which was adopted
by, .' ity in 1
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The community "visions meetings" recognized that the need to facilitate the redevelopment
of West Atlantic Avenue could not stop with completion of the plan. After a series of discussions,
the group established the need for oversight and a project manager to implement the plan. The
West Atlantic Redevelopment Coalition (WARC) is a nonprofit organization that was created to
advise the CRA and City on redevelopment issues in the area. A staff position was created to
facilitate the monthly W ARC meetings, act as a liaison between W ARC and the CRA/City and focus
on the implementation of objectives and strategies in the plan. In 1997, the CRA amended the Plan
by incorporating market research and by analyzing, in general, the redevelopment qpportunities of
each block in the area. The second amendment was adopted by the CRA and 9ltý in 2000.
.,
Also in 2000, the City and the CRA applied for a grant to the MacArt <. Fou~ation to fund
another community planning exercise, the Downtown Master Plan. The geS' eas covered
by the downtown plan included the commercial districts along the Atla~,tic Avenue co " r f~om the
beach to 1-95. The plan, which was adopted in 2002, incorporat~: the provisions 0 'e West
~L~l::Þ,..""_ _ ...
Atlantic Avenue Redevelopment Plan. .ë: - -'{:f~~ \.'
!cw'~:. '\ - '" ~'O_
Although opportunities exist for private redevelopment of '~stin ~-,..,,}J~es and vacant
property along West Atlantic Avenue, it has been difficult f9:fi~!~k . t~~ torf1'nitiate such efforts
without public assistance with land assemblage and businesš: . ~._ "'-:--';!~ R'apidly rising property
values has led to speculative investments, and has it}pS~'Wr' s~s~~talled reaevelopment activity as
investors hold onto blighted properties for the maxilum ret ,::--lhi§,.eE9gram represents the CRA's
intent to continue the elimination of slum and light in ~ arf!a and facilitate successful
redevelopment projects. 1
Prolect Obiectives
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Atlantic Avenue and adjacent side streets
to encourage
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r', and projects which attract new consumers to the Avenue
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ent of the program shall be site acquisition, assembly and resale for
. ~evelo . ri en ; the CRA may also acquire property for construction of centralized parking
f . ies t ' :service the surrounding areas; the parking lots constructed under this program
ma :' unicipallots entirely for public use, may be sold or leased to private entities or may
be a mbination of both; Appendix liD" contains the Land Acquisition Maps for the overall
area, and maps of specific blocks that were identified as priorities for redevelopment
purposes
~ The CRA may also utilize property exchanges and equity partnerships to assemble larger
parcels of land for redevelopment purposes
~ In the relocation of homeowners or renters, the CRA may utilize the affordable housing
program described in Part Three, Section 2-D of this plan
~ The CRA will provide financial assistance through its various programs to encourage
business development and job creation
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~ The CRA will work with the Downtown Development Authority, Downtown Joint Venture,
West Atlantic Redevelopment Coalition, Delray Merchants Association, and others to r
promote activities on the Avenue which impact positively the economics of the business on .
the Avenue
~ Beautification of the streetscape along West Atlantic Avenue and side streets [
Proiect Particioants and Administration
~ The Community Redevelopment Agency and West Atlantic Redevelopm~ Coalition, Inc.
shall be the lead agencies in the updating and implementation of the ~Ian ~t
~ Other participants in the program may include, but are not limited "~f t " ity of Delray
Beach, the Delray Merchants Association, West Atlantic Task Teanf' . elray Beach
Chamber of Commerce, residents and property owners ' .
&j{
Fundina Sources #/'.....'>~"i1''<;
,~,t1!~. " '"
~ Funding will be primarily by the CRA and the City, alon~ ~~';§tate
road improvement projects .~~$1~f-¡4,"~ '''1>::>''
.o¥ ...~-- ~~~~.¡
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~ Beautification of West Atlantic Avenue h: been c -.ple d between NW 1st and 6th
Avenues; beautification of the part Q . the co or betwe~n 6th and 10th will be completed in
2005' and between 10th and 12th' " 6 _ .l
, ~'i~$$'
~ Redevelopment of the Bi-Lo., property and aãJacent sites (located between SW 8th
and 10th A venues) will be syPst . completed in 2006
~ Redevelopment of other ~~is on .
~~.
j;t.
, '""Q {ª~ral funding for
"ti/<"
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Proiect Schedule
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Backaround
The Land Use Element of the CitYs
Comprehensive Plan required that a special CBD
Development Plan be developed jointly by the CRA and
the City. The purpose of this policy as originally intended
was to prepare a plan that would encourage the
revitalization and redevelopment of the downtown, which
was experiencing high vacancy rates and a lack of
private investment. Another objective was to address
the maximum development that could occur in the area
while still retaining its unique character and charm.
Numerous studies, beautification and redevelopment
projects, special events, and zoning code amendments were undertaken which helped to spur a
major renaissance in the downtown. However, there was still a need to prepare a plan that would
address the question of the maximum amount of development that is desirable, as well as strategies
to ensure that the rebirth and revitalization are sustainable for the long term.
DowNToWN DELRAY BEACH MAsTER PLAN
Cïcr of Iklnor Bcoch, Florida
....
.~..
.a..:..-............~ ____~_..........
..........Cilrc--.-._.... tl.M1
Tac...u... COAST .calnNA&. 'LAN'''IN~ C:OUIICIL
I..'...,. ...... ~ s,. L"c.. . ".kTI. 1"6>." .~"Ç"
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In 2000, the City and CRA applied for a planning grant to the MacArthur Foundation to
complete the Downtown Master Plan. During the application process another objective emerged:
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that of bridging the gap between East and West Atlantic Avenue commercial districts. Pursuant to
that objective, the Downtown Plan evolved to also include the West Atlantic Avenue Redevelopment
Area.
In order to ensure that the planning process was an inclusive and wide-spread effort, a 31-
person Steering Committee was established to oversee the development of the plan and its various
components, and to disseminate information and updates to constituent groups. The planning
process included tours of the area, a weekend long race relations workshop, pr~sentations by
planning experts, and a design charette that was attended by hundreds. The~tjtire process is
documented in the City publication "Creating Inclusive Partnerships." The plañ '\as adopted in
March of 2002, and the Steering Committee evolved into the Downtown~.ßJ~n I < lementation
Committee, which meets on a quarterly basis to evaluate the status and gÏ'Ýltl~j'é.;¡, on projects
that are in the plan. "~~li _. .J'"
The Downtown Delray Beach Master Plan describes thr .' . s .lirate "districts": - the West
Atlantic neighborhood, the Central Core, and the Beach District~¡l,he PfitßJdentifi~ objectives to
improve each of the areas, and outlines projects to accom~lish th~'..^?bj~~(~~tll~'
;-,;,0.'- . ~~~.., ..t:;t{~
F
Protect Description
~
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'hJ.i>S,lof uses
ctàfthat allows for growth while
Protect Obiectives
~
t efttowntown remains the economic,
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Implem
including the.
'fo'
s and programs identified in the Downtown Master Plan,
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~ gulate the size and scale of new buildings
e . o\(ements, traffic calming, and beautification along the Federal Highway
airs
nversi of he one-way bypass system to two-way traffic
tion .. tallation of a gateway feature at West Atlantic Avenue immediately east of 1-95
Ac . -In of properties for affordable housing, pocket parks, parking facilities, and public
plaz
~ Participation in projects and programs that will increase parking in the downtown area
~ Installation of bus shelters
~ Pedestrian safety measures in the commercial areas of Atlantic Avenue and A-1-A
~ Support of measures such as market analysis and business recruitment to ensure that the
downtown area has a sustainable mix of uses
~ Other programs and projects as described in the adopted plan
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#1.3 Southwest Neighborhood Plan
(For associated maps, see Appen ix "on M ,.1 throu ,,8.3)
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Backaround ,
ê
When the MacArthur FOU~ agr . 0 provide funding for preparation of the Downtown
Delray Beach Master Plan, th.§;~also 'ncluded' '(1g for a plan to address the most distressed
neighborhood adjacent to thè"W"~~ t Qtic co 'ercial corridor: the Southwest Neighborhood.
This area had long been charac' d by slum and blighted conditions, including inadequate
infrastructure, high crim or housi ' onditions aggravated by absentee ownership, and a large
number of vacant prope ' were 61 being maintained. In 2002 the City hired planning
consultants JEG Associate'-toJ - -: . " the neighborhood on a plan to address these issues. With
some deviatio . _. , Ian erìtJ.õmpa es the area generally bounded by 1-95 on the west, SW 10th
Street on th : - . 'inton \venue on the east, and'the CBD zoning district on the north.
~ )~
, , , ' 'd stakeholders was assembled to assist in the communication and
adon the planning process. This group, known initially as the Southwest
M . . ment .:< (n .0,' known as the West Atlantic Task Team, or WAIT), met on a regular basis
to wo ith th}{consultant, communicate with the neighborhoods regarding meetings and
outcome ovi feedback on various ideas and initiatives, and review the draft plan.
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Proiect Participants and Administration
FundinG Sources
~ The Plan shall be implemented under the lead of the CRA with the assistance of the City
Planning and Zoning Department and Environmental Services Department
~ Other participants in the project may include, but are not limited to the Downtown
Development Authority (DDA), West Atlantic Redevelopment Coalition (WARC), West
Atlantic Task Team (WATT), Chamber of Commerce, Parking Management Advisory Board,
Downtown Joint Venture, professional consultants and interested residents and businesses
r--
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~ The CRA and City will be the primary funding sources, with grants fr6h1 <' ;~W
augment local funding
Prolect Schedule
~ Plan adopted March 19, 2002 .~
~ Design Guidelines, zoning changes adopted in 2Q(f' ,.
~ Infrastructure improvements to be substanti~.xT4~omp
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One . the first tasks completed by the consultant was a "Livability Workshop," which was
designed to obtain stakeholder input regarding livability conditions relative to indicators such as
schools, public safety, parks, transit, etc. The results of the surveys and interviews helped
determine the strengths and weaknesses of the community, and provided direction for the plan's
focus.
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The plan provides a blueprint for the revitalization and stabilization of the neighborhoods
located in the southwest area. It links the neighborhood residential areas, commercial centers, civic
functions, and green spaces to create a vibrant, pedestrian friendly network of connected
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neighborhoods.
The CRA participated in the funding and development of the plan, and will be a major
participant in funding its implementation.
Proiect Obiectives
~ Revitalization and stabilization of the neighborhoods in the southwest area"
~ Improve the quality and condition of housing stock in the area, and provide1Û.ousing to meet
a range of income levels and ages l
~ Improve and upgrade infrastructure in the neighborhoods ~,~ _,,",> '!,
~ Enhance the beauty and livability of the neighborhood by providfn '!1>-_itÁ:ç. space and
recreational opportunities for residents ~ -~~~" ¿
~ Provide pedestrian linkages between residential, commerci~~~l.vic, and recreati J ' al areas
~ Create jobs and promote economic development f/ ""~~ç~\
Project Description f'~~'''~''~.'f' - ':1ii)'
Implementation of the projects and programs identifi :',est Neighborhood Plan,
including the following: «
~ Acquisition of land and development of po t parks tr gic locations throughout the
neighborhood, particularly where a 'acent t - '. operty t is already owned by the City or
CRA, and where larger sites can ssembl· -fj.~">fi#"
~ Beautification of public spaces 1-95 sound waTIS;
~ Creation of affordable housi,Q p , nities, through acquisition of vacant or underutilized
land, acquisition of existilJ9<fjhl s tha be upgraded or redeveloped and maintained as
affordable housing; ince tives s ~;as density bonuses to encourage private
developers to create a: - , oits;
~ Provision of grant or loan p ms to encourage upgrades to structures and properties;
~ Improvements to~ roadwa \.stpm to make the area safer for pedestrians, such as
completion of the netw . 'and installation of traffic calming measures;
~ Support redevelop;. nsistent with the principles outlined in the plan for the five
sub-ar . d acco~mg to - riorities established by the WATT, particularly as it relates to
the r "'. ve ' ent of '&iõþted duplex and multi-family structures (particularly those located
along .... . oughJ%th Avenues), which are having a detrimental impact on livability
, . ~the neighborhood;
community policing and code enforcement;
h th . ity on infrastructure projects (i.e. street improvement projects, retention
to accelerate their completion and provide beautification where feasible.
~ Projects in the plan shall be implemented jointly by the City and CRA;
~ Other participants in the project may include, but are not limited to the West Atlantic Task
Team (WATT), West Atlantic Redevelopment Coalition (WARC), neighborhood
associations, professional consultants and interested residents and businesses.
53
þ;> Acquisition of property/provision of pocket parks to be completed b
þ;> Affordable housing incentives to be adopted by 2005; - -.
þ;> Acquisition of propertiés/creation of affordable housing to be ngoing;
þ;> Infrastructure improvements to be substantially completed r'" 015.
~' (~~,
"'1';,
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#1.4: North Federal Highway Redevelopment ~~~n ¡~-<
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Fundina Sources
þ;> The CRA and City will be the primary funding sources, with grants from other entities used to
augment local funding;
þ;> Private developers will participate in the financing of affordable housing in the
neighborhoods.
Proiect Schedule
.~
Backaround
"
".t.-.
~~.
"~;i:"
This project involves the implementation of
which was adopted by the City in 1999. For a descn
this project, see Part 2 of the CRA Plan.
~-L
r~îrJ.~hway Redevelopment Plan,
_~a ~d background information on
f¥'--
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Protect Obiectives
þ;> Improve the visual appe
þ;> Reduce and eliminate
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e r dential neighborhoods through new development,
tíd the elimination of blight;
ht thr . ugh acquisition of properties.
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o Phases. Phase One, which is completed, included the preparation of
hase Two shall be the implementation of the redevelopment program
þ;> - reduction of Federal Highway right-of-way from 120' to 100' and installation of
add if nallandscape nodes and wider landscaped medians;
~ Installation of new roadway connections between Dixie and Federal Highways north of NE
14th Street;
~ CRA acquisition of key properties where necessary;
~ Work with homeowner associations concerning neighborhood improvements such as
neighborhood; parks, traffic calming, and street beautification.
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Proiect Particioants and Administration
» The CRA will administer and coordinate the program;
» Other participants may include, but are not limited to, the City of Delray Beach, Florida
Department of Transportation (controls US-1), Delray Beach Chamber of Commerce,
developers, and individual property and business owners.
Fundlna Sources
"~~~
» Funding sources for Phase Two will be the CRA, the City of ~elraY;tBeach, other
governmental agencies, property owners, and developers. (!f,f:~0< ¥i
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# 1.5: "SeacrestlDellda Neighborhood Impr~ve
,-
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.~
',?,""
Proiect Schedule
» Phase One: Completed;
» Phase Two: Began in FY 1999/2000 and is ongoing.
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This Neighborhoo sad ,-ed by the City Commission in May of 1998 and has been
substantially implemented '~ftál background information and a description of the plan
elements see ~x (IE", ,oject .19). Traffic calming, installation of parking lots, and removal
of back-out,ptf.::king l@s been\OtJlPleted, as well as the reconstruction of NE 3fd Avenue. These
projects were ~. " aß~mbination of City and CRA funding, as well as property owner
contribJ.!1i,öJi\ ',.~ r. ~eation of a special assessment district. As of 2004, ten duplex
conv.4fsions - ~ ~ e ~9mpleted with grant assistance from the CRA. The remaining elements of
th<!1J* that W~'n: \ vol1/! CRA participation include beautification of retention areas along NE 3rd
Avenu rovisio :of landscape grants to beautify multi-family properties along NE 3rd Avenue;
provision' '", ra 's to convert duplexes to single family homes throughout the neighborhood;
assistance ~ treet lighting; and beautification of areas adjacent to Plumosa Elementary School.
Most of thess improvements are expected to be completed in 2005--2006.
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This downtown neighborhood is generally located between Federal Highway and the F.E.C.
Railroad, south of the Central Business District. Zoning in the area includes R-1-A (Single-Family
Residential), RM (Medium Density Residential), GC (General Commercial), CBD (Central Business
District), and CBD-RC (Central Business District-Railroad Corridor). Land u~,es are varied,
containing a mixture of single-family and multi-family residences, commercial, ~~ light industrial
development. Since the area is encompassed by well field protection zones, iit pacts of non-
residentialland uses on the well field is a concern. ~ ~~,
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# 1.6: Osceola Park Redevelopment & Neighborhood Improvement Plan
Backaround
The northern portion of the area (north of S.E. 5th Street) coptains comme . and light
industrial development with inadequate parking and residentia .Jj ses sandwiched~etween
incompatible land uses. South of S. E. 5th Street, the character of ,~'sc - Park ch~nges i~ one that
is generally single-family in nature. The overall condition of the ~§ing I equattt.although there
are many structures in need of maintenance and minor repairs. Th~rea .' y~que quality that
is attractive for residents who wish to live in a single-ta~' .," '';' '~<?ate~k;lose to the City's
commercial core. With beautification and elimination of bn~litLorís, this area can be
stabilized and the number of owner-occupied units' erè.;>·
I]
In 1999, the City, with financial assistance
conducted a historic survey of existing structures in
Park. The information in the survey may b, d as a . !. to jjèsignate all or a portion of the area
as historic, if supported by the neighbor' . The inform 8i'rWiII be incorporated into the Osceola
Park Neighborhood/Redevelopment
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Redevelopm '
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Proiect Obiectives
p
- s st· two phases. Phase One, which included an historic survey of the existing
_ a, 'has been. completed. Phase Two shall be to the preparation of a
borhood Plan for the area. The plan shall include the following steps:
~ Orga, Ization of residents to discuss the opportunities for the neighborhood;
~ Evaluation of the existing utilities systems, landscaping, roadways, parking and pedestrian
circulation system;
~ Evaluation of the feasibility of creating a "Property Assessment District" to fund
improvements;
~ Consideration of a possible change in zoning to R-1-A (Single Family Residential) for those
areas that are currently zoned RM (Multi-Family Residential).Preparation of plans and cost
estimates for proposed improvements; these improvements may include landscaping,
signage and decorative street lighting, upgrading utilities (especially drainage), traffic
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calming, and the addition of sidewalks where needed.
Phase Three shall be the implementation of the improvements outlined in the adopted plan.
Proiect ParticiDants and Administration
~ Preparation of the Neighborhood/Redevelopment Plan (Phase Two) shall be by the City
Planning and Zoning Department, with assistance as needed by the CRA;
~ Implementation of the Plan (Phase Three) shall be coordinated by the C!!¥fand the CRA;
~ Other participants include property owners and businesses in the are~. - -t
Funding Sources
~.I.f " .(f
~ The City and CRA will provide funding for preparation al'\.: < plementation 0,< - fe plan,
including any outside consulting services that are nece~~ry;~' .. \. ""
~ Other sources may include, but are not limited to, the prop,ª,fW ow and t?Þsinesses in the
area and public and private grants. '.", ' yl?
Prolect Schedule
,~:. þ
~ Phase One of the program was completed FY 19
~ Phase Two will be completed in FY 2005/ 6;
~ Phase Three will be completed in F 20061
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_ .his program essentially consists of the
implen'fentation of the remaining elements of the
streetscape and pedestrian improvements that were
" included in the Pineapple Grove Neighborhood Plan
~?(see Appendix "En, Pineapple Grove Main Street
Program for a full description and background of the
program). Most of the objectives of this program have
been completed. The Pineapple Grove area no longer
has the need for a full time Program Manager and is
therefore no longer designated by the state as an
official Main Street community. A strong neighborhood
association remains active and continues the work to
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~ Continuation of the physical and economic revitalization of the Pineapple Grove
neighborhood;
~ Completion of street beautification and pedestrian linkages within the Pineapple Grove
neighborhood;
~ Continue to develop a special identity for the area including entry ways to the district.
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Proiect Description
~ Support of Pineapple Grove organization by providing staff assistance on a part time basis
to help organize and run regular meetings, hold fundraising events, and solicit memberships;
~ Assist in the implementation of the remaining elements of the neighborhood plan, which
involve completion of the sidewalk network, installation of landscaping and lighting,
installation of additional entry features, and provision of additional parking~:
~ Work with owner of the Pineapple Grove Shoppes property (former Publlx ~,enter) and the
neighborhood to encourage redevelopment of the site; i~í'-t _;.__ \
~ Work with the Pineapple Grove Design Committee to ensure thatf;ñfi'W:~, ~'opment and
redevelopment is consistent with the desired architectural stylª as describe Úllhe plan.
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CRA participation with this plan may include, but is not limited to, the following elements:
Proiect Participants and Administration
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» Pineapple Grove Main Street, Inc. shall generally administ~~nd c . i@t\e the program;
~ The CRA will provide administrative assistance, pfðl1tûQI¡iO '¡'m Ie ,·~tritation services to
Pineapple Grove Main Street on a part-time, ~s;!l,~e~,bã', ~.
» Other participants may include, but are not Ii. ffi'5~~: e ~iW of Delray Beach, the Chamber
of Commerce, DDA and private property 0 -ners." ">i~,,~#.
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FundinG Sources
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~ The CRA will fund the costs 0 . e administrative assistance;
» The CRA and the City will f..Yp '.~ elopment of public/private parking lots;
~ Continuation of the street;irrfptoveme ' ill be funded primarily by the City and CRA, with
other possible source§.f ':-' 91fnt fund· (j special assessment districts;
» The CRA Subsidized Loa Ite Assist nce programs are available to provide additional
assistance to businesses w 'sh to improve exterior conditions of their property.
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began in FY 1993/1994 and is ongoing.
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Proiect Schedule
: EDEVELOPMENT PROJECTS
W 5th Avenue Beautification
(n , associated map, see Appendix "Dn Map C)
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This project encompasses the three commercially-zoned blocks of 5th Avenue between
Martin Luther King, Jr. Boulevard (NW 2nd Street) and SW 1st Street. The SW/NW 5th Avenue area
was once a thriving commercial and institutional corridor in the heart of the City's African American
neighborhood. In the 1980's, the County provided funding for the two-block beautification of NW
5th Avenue, but the on-street parking was eliminated, which negatively affected area businesses.
Over time several of the businesses left and the street became neglected and unsafe. The objective
of this program is to revitalize the corridor into a thriving district for neighborhood businesses and
cultural activities. It has also become necessary to remove the trees along NW 5th Avenue, since
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they block the sidewalk and the street does not comply with the Americans with Disabilities Act
(ADA).
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~ Eliminate blighted conditions 4JE
~ Enc~urage minority busi~dèvel nt; ... .
~ Provide a catalyst for f < re d~velopme ; ~.adJolnlng blocks of West Atlantic and further
minority business dev e. <" '
~ Provide additional neighbo shopping opportunities and services for area residents;
~ Creation of jobs; ~~,&~. . ,. "',
~ Provide parking tÒ~Ì\V~,Jh~e arê,~^'businesses and institutions.
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~F- ns .' ~~ ö '.:' , ~~~~treetscape to .include a combination terrazzo/colored co~crete sid~walks,
.'. >«. '. oordln _f}..d st ~~ll1ghts, bronze Inserts, landscaped nodes, on street parking, transit stops,
. . nches ~d ~aste receptacles;
~ I . lIatiOl?f paved alley, including parking spaces where feasible, between NW 4th and 5th
Ave ,; between NW 1st and MLK Jr. Blvd.;
~ Wher., easible, development of off-street parking facilities to serve businesses and cultural
institutions in the area; the CRA may partner with private property owners or the City in the
development of these facilities;
~ Acquisition of property and buildings to eliminate blighting influences and stimulate
economic development;
~ Promotion of the area as a neighborhood commercial center, containing goods and services
intended to serve the surrounding neighborhood as well as appeal to a larger market outside
the area.
ion ","
ting p~ brick sidewalks, trees and lighting, and back-out parking where
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The Project is divided into four Phases:
» Phase One:
» Phase Two:
» Phase Three:
parking;
» Phase Four: Rehabilitation of CRA owned buildings and/or sale of CRA buildings and
property for the new construction or rehabilitation
Streetscape plan completed and out to bid;
Installation of new streetscape;
Land acquisition for parking and redevelopment and construction of additional
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Proiect Participants and Administration
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» The project will be administered and coordinated by the West Ä j~~evelopment
Coalition with technical assistance, oversight, and final appro\(al by the CRÂ~d the Gity;
» Other participants include, but are not limited to Palm B Çch County, the ~ifê;'"hter for
Technology, Enterprise and Development, Inc., the Joint:~e ~~, area 0Durch'és, Delray
Merchants Association, design professionals, building,'têQÆ~lnts?¥è~d the 1eveloper(s) for
plaza expansion (new buildings). '..~~\:\ '(~r~'>"'_f-:~;ff;'{f-'
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» The CRA provided funding for Phase One' f the p
City;
» Phases Two and Three shall be jointly fun
technical assistance by the City;
» The CRAls Subsidized Loan Pr -
are available to provide additi4f1a
» Phase Four will be funde _~~ñe C
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and Busine ' 'êvelopmentl Site Assistance Program
. tance to owners/businesses within the Plaza;
d by private capital.
'~tb technical assistance by the
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~ Phase One com
~ Phase Two to be
» Phases Three and lio
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Red~IOpment Project (Worthing Place)
ap, see Appendix "D" Map D)
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.~ !! its gfkation, the Community Redevelopment Agency has consistently made efforts to
attract neVlÐ~sses into Downtown Delray Beach. The economic importance of the Downtown
and the need..JÖr major attractions and nighttime activity generators was well recognized in the 1986
Community Redevelopment Plan. The City, also realizing the importance of the CBD as a vital and
competitive commercial marketplace, has included several policies in its Comprehensive Plan
toward achieving that end. In 1993 and 1994 the CRA acquired property on Block 85 (south side of
Atlantic Avenue west of the FEC Railroad) and in 1995 issued an RFP for its redevelopment. The
project resulted in a restaurant/retail/entertainment complex known as Grove Square, which restored
night life to the downtown and stimulated a boom in new retail and restaurant openings on Atlantic
Avenue.
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Despite significant redevelopment interest in the
area, one large parcel fronting Atlantic Avenue in Block 77
(south side of Atlantic Avenue between SE 1st and SE 2nd
Avenues) continued to decline. This parcel contains the
former "Executive Mall" office building, a four-story building
which was vacant and had deteriorated to the point where
it became injurious to the public health and safety. Due to
the extreme deterioration of this parcel and as a result of
increased developer interest in the ,:~ªtea, the CRA
contemplated acquiring the balance of àìpck 77 and a
portion of Block 78 to create a rede~¿' -qpmèt)t parcel large
enough to accommodate a major''§i' ~'-~i9f economic
development. In 1996, the CRA issued~tt<"RFP and
awarded the winning propj~er the right to ri~ì6tiate a
contract for redevelopment. The proposer, a large publishert:"wè)1(Jçt have br9ught' over 200
employees to th.e do,^:ntown: The CRA began procee.dings to a'~~ire ~,~!our-st~ structure ?n
Block 77 but discontinued Its efforts after the publisher annour1t)~d Itg~lntepfiõn to move Its
headquarters to a site west of Interstate 95. J;:~~~¡¡¡~~~~ . '){/
In 1998, the owner of the ~x~cutive Mall otpef}' . '~g:~mmenced refurbishment?f t~e
42,000 square foot space. The bUilding was succ _ssfully 'r;¡;i,~d 1f\.,J ~.99. In 1998, after losing ItS
publishing company prospect, the CRA issued an . P for thé~Çele g'f1wo parcels of land on Block
77, one that had been acquired by the CRA and a, rking lot jwned by the City. Three bidders
res~~nded in 199~, and the CRA selected .- $Iock v~~~rnent Group, which had ~urchased
additional properties on the block. Tþ proposal, w 'J~6ecame known as Worthing Place,
included 219 rental apartments, an~ éÍ'pP ,ately 12,000 sq. ft. of retail space (see rendering at
left). _#j.~_ "
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It includes a parking garage ,_ for tena S and retail customers, and a separate parking
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garage on Block 69 (the wester! -,,"'acent block) consisting of 207 parking spaces to serve the
public and tenants of the"'~xecutive ' :Jþuilding. The proposal also included a payment to the City
of $1 00,000 to refurbish 'j,. .' Park"-b:2000, the developer received conditional use approval of
the project by the City Comt\1i ,',', .p(fe plan approval by the Site Plan Review and Appearance
Board. An adjq9§~' . ropert\ð~ n r" .' ed the City over the development, and the project was held
up by IitigatiQ : \, - " '04. It í~, n~w proceeding through the final platting and permitting phases.
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~ , - rge enough for a large scale project
ncffor a public parking garage
'de e" nomic stimulation and investment in the CBD
Imp ~arketability and demand of the retail core
Incre e nighttime activity in the downtown
Provide housing opportunities and create jobs in the downtown area
Eliminate slum and blighted conditions
Provide more parking in the downtown area
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Prolect DescriDtion
)- Development of a mixed-use redevelopment project;
)- Phase One of the project may include, but is not limited to, land acquisitions (refer to
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Appendix "0"), site improvements, the solicitation of RFP's from potential buyers or tenants
and sale or lease of some or all CRA property holdings on Block 77;
~ Phase Two may include but not be limited to the solicitation of RFP's from private
developers, selection of project developers, design of the project, project economic
feasibility studies, advertisement for disposition of any additional property to be acquired by
the CRA for the implementation and construction of the project;
~ Phase Three includes but is not limited to the implementation of project development
including any remaining property acquisitions and disposition of property required for the
project as well as any remaining City approvals. Phase Three may also il1Q{ude acquisition
of land for additional public parking; , ,...;\
~ Phase Four includes the construction of the project, the providing of l di i '
surface parking, renovations to Worthing Park, as well as addi I
required.
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ProJect Participants and Administration . &~:4¿;~?;. "Ìt;
~ Project will be administered and coordinated by the CRA \~~.~, ~\. . ~4j.!f
~ Other participants may include, but are not limit~,d~'~it{tþ~,;,çi~~pf d<·~,rãy Beach and the
project developer ' <w;·..... '~)¡f£~(~;Q~~~~~iM~~"." "
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~ CRA provided the funding for Phases One ~ Two of : e p~roject
~ Funding sources for Phases Thr ,J!::, od Fou . II b t Y the developer selected for the
project, the City of Delray Beac , and othe appropriate
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Fundina Sources
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~ co'~ leted in 98
~ Phase Three is projected ' completed in 2004
~ The schedule fa "0. ase Fou .*" be determined upon the completion of Phase Three
~ The Phases set to ve are ~~trative only and may be combined with one another as
the circumstances ct, '" "
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=u OI~ChOOI Square Expansion and Parking Garage
.,Jllfap, see Appendix "0" Map E)
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., . bloc~~located between N.E. 1 st. and 2nd Avenues, between Atlantic Avenue and N.E.
1 st. Street, ", cent to the Old School Square Cultural Arts Center. During the early 1990's, both
this block ar}"/ the one immediately to the east (Block 84) contained structures in deteriorated
condition and uses which had a blighting influence on the surrounding Pineapple Grove
neighborhood. A major obstacle to the redevelopment of the area was the lack of adequate
parking. Since this was also a problem for Old School Square, the CRA decided to make this the
major focus of its initial redevelopment effort Block 76. The CRA purchased the former site of the
Pierce Tire Company as well as a property that was associated with the former Ocean City lumber
yard on Block #84. These acquisitions were made possible through $500,000 of redevelopment
seed money that was authorized under the Decade of Excellence Bond. In 1996, the CRA
completed the first phase of parking on Block #76, constructing 131 parking spaces. In 1997, the
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CRA determined that, due to heightened consumer activity in the immediate area and the
surrounding blocks, an additional parking phase should be commenced. The CRA acquired a
building located along NE 1st Avenue, the Van Hill property, by eminent domain in order to increase
parking capacity.
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In 2000, Old School Square held a community charette to determine the future of the facility.
These discussions resulted in a plan to expand the Old School Square campus onto Block 76,
creating a large urban park. The existing surface parking lot is to be converted to 0een space, and
a parking garage is to be constructed at the north end of the block. In addition to r~acing the 170+
spaces that currently exist on the site, the garage will also accommodate additionaflþarking for Old
School Square, the Pineapple Grove area, and businesses along Atlantiç.;:Avenu~. In order to
implement the plan, several privately owned parcels in the block must be aêql11fèG~itŒ~,004 the City
passed a bond referendum for Parks and Recreation projects, incluging the Old S~9.?1 ~quare
expansion. A total of $7 million in bond funds will be allocated to tt}~lproject. --'1$'~'"
Prolect Ob~ectives J""":~~:~~~!!~~~;¥,/} ,
~ Eliminate the blighting influences within these blQ8 -1J~ì.;., /t"
~ Allow for the expansion of the Old School Square cam ~__ ~ßation of an urban park
~ Increase property values within the CBD thrgtfgfffll: ~.on of open space, vistas, and a
gathering place for downtown visitors and " ellers·"· '<:..~~-.
~ Increase the amount of parking that is a . !Iable to ,.._.rve:lt>ld School Square and the
adjacent commercial areas Æ.. jf
...'!.:of
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Proiect DescriDtion ~1<. "
}> Elimination of slum and ~~ influ . es within the block and the surrounding areas;
~ Assemblage of prope~:" . hi~ the bloc ,..--,construction of a parking structure with retail
space, and creation of a lç, - ark. Th parking that is constructed may be entirely for
public use, may be sold 0 ed to private entities or may be a combination of both.
Private users loc " in the ar ~.. ay make arrangements to pay the CRA or other public or
private entity a fe , . se or'.. ;:'rchase enough parking spaces to meet City parking
requirements for th 1!\.. " ,¡t"
~ Strongpé'tJt§ rian lin' ges t Old School Square, the downtown and the Pineapple Grove
NeiQ.. rho.; iwill be ~tSiblished;
~ Phas roj~...l'(s) shall include preliminary planning and land acquisitions (refer to
,~A' :''< Acquisition Map)
.ý' Phas' '. J Include demolition and parking garage/commercial space construction.
hase e ~'ãil include construction of the public park.
Is and Administration
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The· A shall be the lead agency in the acquisition of land for improvements in Block #76.
Other participants in the redevelopment will include, but are not limited to, the City of Delray
Beach, Old School Square, Parking Management Advisory Board, Pineapple Grove Main
Street, and property owners within the block.
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Fundina Sources
~ The CRA and City shall provide the funding for Phases One and Two, using a combination
of CRA bond funds, recreation bond funds, in lieu fees, and grant funds where available.
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Another possible funding source is through the sale or lease of parking spaces to private
property owners;
~ Funding sources for Phase Three shall primarily be the City and Old School Square, with
additional potential funding sources being grant funds and private contributions.
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~ Phase One: Land acquisition process began in FY 2003/2004
~ Phases Two: Shall commence after completion of land acquisition .¿:f.~
~ Phase Three: Shall commence after construction of the parking garage '"
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# 2.4: South County Courthouse Expansion
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The location of the South County Courthouse on West Atlar1'tiç A Vé'r{tJ~ was viewed by the
City. as a significa~t opportu.nity to secure both p~blic anp;.p~~. '~i,~¥~~:~tJ.len~~'1ông this important
corridor. Due to Its potential as a catalyst project on the 'A: . nUÊf~!t1t~~Ç(jurthouse became a
cornerstone of the 1986 Community Redevelopmenj;.Pfä~,~~ ðìtysuccessfully lobbied the County
to locate the facility in the West Atlantic Avenue coriJdor in fg~· 1h(.QJ;Jgh an Interlocal Agreement
that was adopted in 1986 and amended several, es in s eqoo'nt years, the City and CRA
pledged to donate land for the original courthouse : 'lçting an future expansion.
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The $8 million South County rth~use, Ph~'8~tr:e, opened in August, 1990. In
fulfillment of its obligations under th ' I Agreement, the CRA acquired several properties
within the expansion area known ,S'-ßI c outh side of Atlantic Avenue between SW 1 st and
2nd Avenues). These includeçt~e 7-{:leven/ Bundry (1987), a six-unit apartment complex
(1987), Discount Auto Parts (í~l 4he NorrJ apartment complex (2001).
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The CRA intend" ontage on Block 53 be a redevelopment site for private
commercial development. 9, the . fttay Beach Library held a planning charette to study the
expansion and relocation ' ~' and it was determined that the frontage was the best
available site f ,. ~ " new lit}a(ry. P"I'ns were drawn up for a 48,000 square foot facility that will
include exteg e ss to c\mputers, an auditorium and meeting rooms, and a café, all of which
will help to g' estriartãétivity in the West Atlantic corridor. In 2004 a 355-space parking
garage --léounty, City, and CRA funds to serve the courthouse and library. The
new 'ß ry .nder construction and plans have been approved tor the courthouse
e " . ion. Pre ; ina . . ans have been presented for a future expansion of the parking garage, the
const . , .. on of w '~ch iš dependent upon future demand and funding availability. This parking could
be use ~ ~mee Jthe demands of businesses and uses in the West Atlantic and Southwest
Neighborh ' ~-'eas, as well as providing parking for activities and events at the tennis center.
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Proiect Obiectives
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~ Improve the physical appearance of West Atlantic Avenue and eliminate blight
~ Increase the economic vitality of the West Atlantic corridor through the placement of public
facilities that will attract large numbers of people to the area
~ Create spin-off opportunities for private sector redevelopment projects
~ Provide public parking, parking for tennis center activities, area businesses, and
opportunities for shared parking
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Proiect Descriotion
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)0- A new 48,000 square foot library is to be constructed on the Block 53 frontage
)0- The South County Courthouse will be expanded to the rear of the existing facility
)0- The courthouse and library will share parking within the existing garage and surface parking
lots, with public access provided pursuant to the Interlocal agreement
)0- Phase Two of the garage will be constructed at a future date depending upon demand and
funding availability
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)0- County is responsible for expansion of the Courthouse facility i'h,~,.t>'.r<*~~.~~;t\'<
)0- Delray Beach Public Library is responsible for construction of ~he new Iibrarý~Hding
)0- CRA and City shall be the lead participants in the constructigJ, r,(' f Phase Two oftll~;¡parking
~ ' . .
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Fundlnq Sources "'\\_ -~~
Proiect Particioants and Administration
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)0- Library, City, CRA, and other sources will pr
)0- Potential sources of funding for Phase Tw '
other City sources, the CRA, and privately
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Prolect Schedule
)0- Construction of the library cqm1þ :..¡..... in 2004 and is expected to be completed by fall 2005
~ Expansion of the courthousf:ft.is'-expe· to commence early in 2005
~ Phase Two of the parr.,· ga{age is ,dent upon the level of demand and funding
availability, but willlikEff b~iQ prior t _ 006
# 2.5: Old Scho ~
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This prgje\ ' . as co' te 'ee Appendix DC" for description of the project). Please note
that the CR~f¡s co itted t, r:.0vide funding to pay the debt service on the loan for restoration of
the 1926 buildIK\, I iti,on, . CRA will consider on an annual basis, a commitment of funding in
order to._ '. . tfi ~ ~;; - <,~' I Square can continue to offer its facilities to community groups and
non "It or tl '. reduced fees.
", ocks 28 & 36 Redevelopment"
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The A has assembled and sold the property to complete this redevelopment project,
known as Atlantic Grove, and the majority of construction has been completed (See Appendix "C"
for description). A modification of the project which involves the sale or transfer of properties
between the developers and Mt. Olive Baptist Church is still pending. In addition the CRA has
committed to selling a lot it owns on NW 1st Street to Mt. Olive Baptist Church in exchange for an
easement for public parking on Mt. Olive's parking lot fronting on NW 5th Avenue.
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# 2.7: Block 60 Redevelopment
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The redevelopment of the historic homes located at 20 and 24 North Swinton Avenue and
construction of the parking lot located on NW 1st Avenue have been completed. (See Appendix "C"
for description). Parking spaces within the lot may be made available for purchase on an as-needed
basis, at the discretion of the City and/or CRA.
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#2.8: George Bush Boulevard and Federal/Dixie Redevelopment ,,"__
(For associated map, see Appendix "D" Map F)
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This redevelopment project is located on the north and south s.ide of George Bus '.; øûlevard
between Dixie Highway and Federal Highway, the U.S. 1 one-w~_yi>t:~~ The noijh sidé~currently
contains a vacant lot that was formerly a gas station, and a restautavt buitfJing. On tø¡e south side of
George Bush Boulevard are a poorly maintained silver plating shop\~hat tì1t\~r.~i~$ð'·environmental
concerns, and an au~omobile de8:ler's par~ing lot. Th~ c9P&t¡!12~A~,!!~~'12:0p~~iê'S pre~e~ts ~ poor
appearance. at a major roadway. I.ntersectlon ~f the Clt~ an.cF\§·-'â'tie:teF{~,,!. to the revitalization of
adjacent neighborhoods. In addition to removing th .'1 -, J1nJ.!uence, redevelopment of these
sites also presents the opportunity to beautify the i see 10 dt~jmprove the parking/access for
the adjacent properties. The CRA's involveme hould v[t10.:1V'of a facilitator to a private
redevelopment initiative. \;
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Prolect Obiectives
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~ Elimination of blighting infl
~ Beautification of a majo _~ ad
~ Stimulate redevelop
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Proiect DescriDtion
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Ited to the following elements: acquisition of properties for
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, City of Delray Beach, Chamber of Commerce, and private enterprise
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Fundina Sources
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~ CRA and others, as appropriate, shall provide the funding for land acquisition if necessary to
achieve a cohesive redevelopment project; CRA may also elect to participate in assisting
with funding the beautification of the right-of-way
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Prolect Schedule
~ Dependent upon private redevelopment initiatives
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#2.9: West Settlers Historic District
Backaround
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A non-profit community organization called II" ,.."" á1r' .
and Preserving Our Cultural Heritagell (IIEPOCH") . s form
in 1995 by Delray residents to promote preserv' . nand
cultural museum. EPOCH was instrum~n al in a ing the
City in the creation of the historic dis;' t,:·- EPO "
promoted and assisted with the establi~ )~rt of a multi-cu
museum on NW 5th Avenue in the h4rt O' e district.
~ø1l.,,:<..~·>', '.
The cultural museum is,' former horn ~, ølomon Spady, an early Delray educator. The
Spady house was purchased ..... ·.~n 1997, nd the CRA purchased a vacant lot adjacent to
the Spady house and subsequentl ~" ve it to the City. The CRA and EPOCH applied, in 1997, for a
grant to develop the Spaa:: . ouse into ul~i-cultural museum. Both the City and the CRA provided
a "seed" grant to develop or the ·'''seum.
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In 199?~~' . State - 'Flon a awarded the CRA, on behalf of EPOCH, an historical
preservatio~jQt~nt t model i!JeM'Spady Museum in the amount of $150,000. In 1999, Palm Beach
County aWéírdEii·, . dy M~~eum a grant of $100,000. Together with these grants and grants
from th~~~1~n ,. , .. , '''ady Museum's first phase funding amounted to $400,000. The CRA
adm' . f~ferêa~\i. g ~nd construction work, In 1999, the CRA moved a historic Arts & Crafts
styl'" ngalowY~_·.)h~.. ady site. The house, called the "Williams House" will provide space for
cultur ogram ,or children and others.
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The". ' . wishes to encourage the redevelopment within the historic district of both
residential an commercial structures while maintaining the historic character of the neighborhood.
NW 5th Avenue is the historic, commercial corridor in the district.. In addition, the CRA views the
area as a opportunity to substantially upgrade the existing housing fabric and to develop a moderate
income housing program on vacant lots in the district. In addition, the vacant lots could be used as
sites for displaced historic houses resulting from redevelopment throughout the CRA district. In
2003 the CRA established the West Settler's Advisory Board, a community-based board that
advises the CRA on activities and funding priorities for the district. The CRA also created a grant
program to aid in the restoration of the remaining historic properties in the area. In 2004 the CRA
acquired the La France Hotel, an historic structure that in the days of segregation was the only hotel
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in town where minorities could stay. The CRA intends to restore and reuse the hotel, possibly for
low income senior housing.
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Proiect Obiectives
~ Elimination of blighting influences
~ Redevelopment of a historic commercial area
~ Promote historic preservation and maintain the historic character of the neighborhood
~ Encourage a mix of income groups in the residential areas /~;l
~ Provide sites for historic houses displaced by redevelopment > \i.
~ Increase economic activity for the West Atlantic area through the es Iishr1Ï;ent of a multi-
cultural center .
~ Increase public and private parking to serve the cultural instit!)tions as well
development . ~
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~ CRA will purchase vacant lots for use for new, m9d~~ä
historic homes displaced by redevelopment in <t,t!.~ CR'i\! :~.
~ CRA will assist EPOCH and the City in oper.fttfffg~· ~cultural historic museum
~ CRA may utilize the Renaissance Progra ¡' for a le~q.p)Jsing to promote moderate
income housing if.
~ CRA will use various grant programs to omote r . evelopment of residential and
commercial structures ... .. "Jtf'f
~ Restoration of the LaFrance ith an emp ~~~¡r on its reuse as senior housing or
community-based use, inclu'.,mg acquisition of adjacent properties for potential
expansion of the facility ....~,-"'-
~ Acquisition of property aq~ adjace. ;.JW 5th Avenue for redevelopment and parking
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Prolect DescriDtion
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d the acquisition of vacant lots for parking, redevelopment, and historic home
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~ City 'CRA will assist, to the extent feasible, the continued development of the Spady
Muse m
~ CRA's Subsidized Loan Program, Business Development Program, Site Assistance
Program and West Settler's Grant Program are available to provide assistance to private
property owners
~ Other sources of funding may come from grants and private investment
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Prolect Schedule
~ The project began in FY 1996/1997
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~ Restoration of the La France Hotel shall be completed by 2006
~ Grants for rehabilitation of historic structures are ongoing
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#2.10 AffordablelWorkforce Housing Program
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Backaround
The Community Redevelopment Agency began to address the issue of affçu~lable housing in
1992, focusing on the development of infill housing on the numerous vacaqt 10t~located in the
neigh~orhoods north and s.outh of '('lest ~tlantic Ayenue. In 199~ th~ CRA ~~~~e ~:partner in the
Renaissance Program, which provides single family homes for first time buyef§~\1" rogram has
been extremely successful, thus far resulting in the delivery of more than 160 horn ,;10 low and
moderate income families. However, the supply of available vacant,,;/' s has begun to d~fi'&le and
land values have escalated significantly as a result of redevelopm,ef1' 'vity in the, neignborhoods
and surrounding areas, making it increasingly difficult to del¡(ê(~~affo ' 'Rle ho~jng to eligible
families. ''('4¡-" ~\~'. /if?'
\"¡:;;~,~_ ,.).>~ _ ..,...~\~~ "'ít~;,;~f;-
When work began on creating a Downtown Master¡:, _ ' ~. ~, ,~d'elopment from 1-95
to the beach, participants in the process cited th~rè ~;gf housing as a major concern.
Redevelopment efforts in the central part of the . wntow ""~ ãtrt:..~dy resulted in substantially
higher land values and rents, which had spread b' .nd. the c~r.:mertial area into the surrounding
neighborhoods. In anticipation of the Down~town ..' ,~r Plan I~ding to a similar outcome for the
West Atlantic area, a subcommittee wasJPffned to atn" s ~ssue of affordable housing. This
group of residents and staff people, ~'" ~ ere assiste 'e FAU/FIU Joint Center, met on a
regular basis to examine methods tÍŠe " other cities to create affordable housing. Those
me~tings resulted in a pUblicatio.. ~1.:. ~<F.), 'U/FI ,§,:J.itled "Devel~pment Without Dis~lac~menr, wh.i~h
outlined a number of programs ~f.!a aPRroaches .- ,tJ~ould be Implemented to maintain affordablllty
throughout the redevelopment~J:I'_ ~~he suQ.'. .$'£ mmittee was particularly impressed by results
that had been achieved in other cit rough the creation of Community Land Trusts (CL T). CL Ts
ensure long term afforda"QID!Y by cont _.:' g to own the land that the units are built on, thereby taking
escalating land costs ou~~ ~qua .::tt'" Owners are limited in the amount of return they can
receive from their homes upp" - ich also helps to keep costs low.
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Anot d of in~asing the supply of affordable and workforce housing is to provide
incentive, s to ~~1 11rage them to build affordable units. This can be achieved through
measu~~Y~!1 ..ensftY.nuses, whereby permission may be granted to build additional units
provi 8(f tli'ft_m _ '. ~ units are made available to low/moderate income households. This
ap¢" . ch was '~ppô~ by the participants working on the development of the Southwest
Neigh· ~~ood Pt, td'be applied to the RM-zoned area south of Atlantic Avenue to SW 2nd Street.
.? '!if .
Th~ . If has identified several areas of the northwest and southwest Atlantic Avenue
corridor in w h future affordable housing opportunities may be found. These opportunities can in
the form of newly constructed housing units built on land acquired as part of large scale
redevelopment projects as well as the redevelopment of existing duplexes, multi-family complexes
and existing mixed use structures. The CRA has already acquired several buildings that will be
used or redeveloped as affordable housing, and has partnered with the Delray Beach Housing
Authority for property management services. The CRA has also provided funding to the Housing
Authority to facilitate the development of property south of Carver Estates for affordable housing. As
redevelopment continues on west Atlantic Avenue and into the northwest and southwest
neighborhoods, affordable housing issues will need to be addressed in a variety of ways and
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through partnerships with other agencies and entities.
Proaram Obiectives
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» Stabilize and preserve neighborhoods through redevelopment and the elimination of blight
» Provide decent, affordable/workforce housing for residents who are of very low to moderate
income level
» Assist homeowners in relocating as a result of CRA redevelopment projects and land
acquisition .A!
» Create housing opportunities for a mix of ages and income levels within th~ CRA district
» Encourage the creation of affordable housing by the private sector,~~.._. ~~i'
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Prolect Description
'T~ii~"
» Establish partnerships with other agencies and entities suçtf City of Qelray ê~ach, the
Housing Authority, LlSC and others as appropriate to :6(}oob ", . d, funb!ing, and other
resources for affordable/workforce housing delivery; ~i;r¡Ìik ~~~~;~. ~jr:1Þ~"'J'
» Acquire property for the construction of new afforq,attil ~ïf -:. ,hou§jag, to be developed
either privately through an RFP process or by the C ',. ,hiþ with other housing
. ;" Neighhorhood, where the land
. ?~9Jdability; a particular focus
will be the acquisition of additional properti ",'n the 1 0 oclý~f SW 14th Avenue in order to
upgrade housing conditions in the area and te an a . rdable townhouse or single family
development; ~.
» Provide relocation assistance essary for ents displaced through the CRA's
redevelopment projects;
» Include an affordable/wo~0tÇe ho ".. component in the redevelopment of the CRA-
owned properties locat n th~ south sf'qf W. Atlantic Avenue between SW 8th and SW
10th Avenues; 1~ JP
» Establish programs and m nisms for ensuring long term housing affordability, such as a
Community Lan st;
» Support zoning c ~mendments that will help to create affordable housing
that is compatible ~ementary to adjacent neighborhoods.
» Make fy. . '. availaB", ' or ubstantial renovation and rehabilitation of existing affordable
units'i.rtlc " rly whe ',such renovations include the removal of back-out parking, façade
upgráCf~ lands 'ftje' improvements. The CRA may also provide architectural
:. . ,,' . ucture improvements (i.e. creation of an alley to relocate parking to
, rt of this program. In exchange for the assistance, owners must agree to
o llity over a specified time period.
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» Parti ants include the CRA, the City, the Housing Authority, local nonprofit agencies, the
County, Lise and others as appropriate.
» Private developers and landowners will also be involved.
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Fundlna Sources
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» Potential funding sources include the participants named above.
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Proiect Schedule
~ Acquisition of properties along SW 14th Avenue will occur by the end of FY 2004/2005.
~ Determination of feasibility for establishment of a Community Land Trust to occur by mid-
2005.
~ Affordable housing incentives (density bonus program) to be adopted in 2005.
~ Program to provide assistance for upgrades to privately owned affordable housing units to
be available by FY 05/06.
~ RFP for Bi-Lo site and adjacent properties to be issued by FY 05/06. A~:'
~ Additional acquisition and redevelopment of land for affordable/workforcèh,housing to be
. ,$ ~
ongoing. ~ -:t
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#2.11: Carver Square Neighborhood
(For associated map, see Appendix "on Map G)
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Carver Square is a residential neighborhood Wifhi'~'~~~_<' t M:r~ighborhood that is
bordered by SW 2nd Street to the north, SW 3rd Stre~,1t~¿~k~óð\Q" SW 7 Avenue to the east and
SW 8th Avenue to the west, bisected by both SW 2f' COUIT!:\t\fi S\('\(2¡~d Terrace. The subdivision
comprises a total of thirty lots, each approximatel . 300 sqLÍ~~ fe~11'n size.
'WI>.
Engineering reports conducted in ~roject ,:.j~diC§.,lt that there may have been a pond
covering a portion of the site in the 195.~~~nd that the s $·'~ãS utilized as a~ informal dump in the
1960's. It appears that the area to the:non~f SW 2nd Court was developed In the 1960's and that
the lots to the south of SW 2nd C9títtJ:~ere 'ð~),' loped during the mid 1970's. The area's newest
homes were built in the early 1 . s. Accurate ßpecific details as to the exact location of the
dump site and pond have b ·c'~ ~~!o obtai . ith the majority of information being supplied
through aerial photographs, soil sis~and geotechnical research, building records as well as
verbal communication wi .area resl . ts and city personnel.
Backaround
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As a result of pre sas, the homes built on these lots began experiencing
settlement issu " -,the mi. a e _ O's. In 1988, the City of Delray Beach contracted Nutting
Engineers of .mon . cond, t a detailed site assessment and geotechnical investigation of the
neighborho61f'~a. þ:::tle engint,é'ring report specified the conditions of the soil and the effects of the
instabili~!ß*!~e ~f.p~Îh1g:~~etures. The repo~ also provided rec0":1men~ations as to mitigation
meth ,: š't8;,'t' nt~ at ~east lessen the ongoing effects of the settling sOIL
......5<.
'nce 1 , tlie soil has continued to settle, with the extreme cases resulting in the
condem - ~ ·on a t,' razing of several homes. The current condition of many of the homes reflects
major soil ~ r ~~nt and structural damage. The neighborhood has seven vacant lots and twenty-
one homes. <,," e majority of the houses experiencing extreme instability and structural damage are
located from the south side of SW 2nd Court to SW 3rd Street. The homeowners have exhausted all
legal avenues of liability compensation and structural mitigation. The low to moderate incomes of
these residents adds to the financial burden these soil conditions have caused.
Proiect Obiectives
~ Eliminate the condition of slum and blight in the neighborhood caused by the soil settlement
problems.
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» Provide an opportunity for the existing residents/home owners to obtain replacement
housing.
» Remediate the affected soil area in order to provide land for future housing or green space.
[
Proiect DescriDtion
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» Project to be located within the affected areas includingt but not limited tOt the properties
bordered on the north by SW 2nd Street, the south by SW 3rd Street, the east by SW 7th
Avenue and the west by SW 8th Avenue. ,,<4
» Phase One includes the conducting of soil tests to examine the content an-~,stability of the
soil and to asses~ if there are any environmental hazards. Based u~~~~~the ö~tcome ~f !he
tests, and the estimated cost to address the problem, the CRA bOárä'Wilf~~~~ a decIsion
whether or not to proceed with Phase Two. t -·~ih. ,
» Phase Two of the project involves the determination of ,;, trategy for addr' .' 'fng the
problem. Depending upon the strategy selected, this Phas.ßJ'm . clude bu~ is nof'limited to:
o acquisition of damaged homes and vacant lots ft~~r to .~. ,..endix~.r map)
o home owner relocation assistance ,~, ~~~h:.., :It,!;;:~
o site improvements and remediation of th~l" ... "\~Jabilì\at~on materials and
methods specified by geotechnical enginee ~,~" ,,'
o financial assistance in the form of 14¥' '". for the"rèmediation of privately
owned properties.
» Phase Four may include, but is not limited
as conditions allow or the creation of a par
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Pro ect Partici ants and Administra .
» The project will be admini~ an rdinated by the CRA
» Other participants may ~ .¡!~ude. but are . . ited to, the City of Delray Beach, Palm Beach
County and US Depal1~ , '. !~vironm~ al Protection, and affected property owners.
Fundina Sources
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~ The CRA and othe . late, shall provide the funding for Phase One.
»Fundin ~es fo ase 0 and Phase Three may include the CRA, City of Delray
Beac :: each C~nty, the US Department of Environmental Protection and others as
app ,e Ren~sance Affordable Housing Program may be used for relocation of
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» eO is estimated to be completed by December 2004.
»Pha · 0: Implementation schedule to be determined after the completion of
envir mental studies and upon a determination of a strategy for acquisition and/or
remediation of properties.
» Phases Three and Four: Schedule depends upon strategy determined in Phase Two.
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C. GROUP "3": COMMUNITY IMPROVEMENT PROGRAMS
# 3.1: CRA Subsidized Loan Program
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Backaround
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After receiving various proposals from a number of banks relative to providing low
interest loans for private residential and commercial property improvements as par:t of their
obligations under the Community Reinvestment Act, the CRA Board decided to ,r~uest specific
proposals and interest rates. The intent was to develop a pool of money from onè~~or more
banks which could be used to provide loans to Community Redevelopmen~~tea re\idents. As
an incentive and inducement for property owners to improve and upgrade'lñ~rtfit_¡rty, the
CRA decided to assist them by buying down the interest and making po-interest 10ãn~~v8;,ilable
through the lending institutions. /<~ "\~'ft
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On August 27, 1990 the CRA board amended its Comrrfdfü!Y À~e¥eloprrlent Plan
through Resolution No. 90-A to provide for the implementation of tftè~progt~_ Y;~l-fubsidize the
interest on loans used to enhance or upgrade the exteriq(:~t., . "', ned):5Toperties within
the Community Redevelopment Area. This action was furthér,\~ ~tÞrough adoption of
Resolution No. 86-90 by the City Commission. To tafflTã,~ . fðf~e investment within the
Co~mu~ity Redevelopment Area, the program w ~'Iater e ~..,J;'dètt~~gJnclude provisions for non-
residential structures. " J;'I
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Proaram Obiectives Jli
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~ To enhance the physical app 'of the CRA District.
~ To eliminate and prevent !~8~pread . lum and blighted conditions.
~ Create incentive for spi ~,~ff in, estmen jn the district
~ Increase investment vJi" : . t CRA RJ· jects
~ Stimulate new business a
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Proaram Description ,. ~';'"
"v.. ifi.~ . ,d-
~ Subsidi" n poo"f{v~ila '~s follows:
~ to re' nt, operty tlwryers and businesses of the CRA to make exterior property
improv -'J~ni~s,c, .}/
. . . e ~~~~~'!ffá~5 permanently fixed interior i~prov~me.nts: and, .
. 0 la.. ~ps <~ JIg owners to make permanently fixed Intenor Improvements In
. repara t :', f : ase to business tenants or to make small additions to their structures as
. . rt of a ~~sinéss expansion.
~ I ' me1ãtion of improvements for residential properties to be administered by the
Ci . ~ __ mmunity Improvements Department.
~ The A Board will maintain Policy guidelines regarding loan limits, subsidy levels,
project eligibility and list of qualified improvements.
~ Lenders will monitor construction of commercial property improvements.
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ProGram Participants and Administration
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~ The program will be administered and coordinated by the CRA.
~ Other participants include: one or more financial lending Institutions, loan applicants, and
the City of Delray Beach.
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Fundina Sources
~ The CRA provided an initial $100,000 allocation FY 1990/1991.
~ Additional program allocations have been determined annually during the budget
process or at the discretion of the CRA on an as-needed basis to maintain the loan pool.
Proaram Schedule
# 3.2: Site Development Assistance Program
...
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~ The Program was implemented in FY 1990/1991 and is ongoing.
Backaround
In 1991 , the City of Delray Beach requested that the CR.A:'rDVid \nds for be removal and
"" ~~ """,;I
relocation of power poles, which due to the design of the W. algreen§:\f~devé~.,e,~~ñt project would
obstruct on-site traffic flow. Although the City has its own~:> '··.-~9mPJ!í this action, it was
felt that the CRA should pay since the project was locat~d wítt!'. ~ _ "únity Redevelopment
Area and the CRA would receive substantial benef ~ ' e '¿qject in TIF revenues. The CRA
agreed and subsequently amended its Redevelop . ent Pia ¿fbaß,ß program for the removal of
power poles and other obstructions from travel way ithin the mm1fnity Redevelopment Area. At
that time, the program funding was limited tQ $3,50 ~ bich wa , e cost of the Walgreens project.
. ('-1;." _ ~:f
In order to assist private sect velopment s, the CRA expanded its program.
Through an annual allocation of fu , CRA may now provide limited assistance for site
development, exterior building uR. ftkì s an . ,ilding expansions within the CRA district.
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Proaram Obiectives
~ Encourage privaf
projects within the
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. ~partial reimbursement of expenses related to the upgrading or
. cts in the CRA district.
se of t ~II ed funds for individual projects located in the West Atlantic Redevelopment
.". a shal.,. ¡ e át the discretion of W ARC, with final approval by the CRA.
~ f th lIocated funds for individual projects elsewhere within the CRA area is solely at
the tion of the CRA.
~ In or r to assist projects that help to fulfill objectives related to the provision of affordable
housing, the CRA may also provide grants to developers paid in annual installments, equal
to a percentage of the Tax Increment Revenue received by the CRA due to the increased
assessment on the property.
~ The CRA Board will maintain policy guidelines regarding grant limits, annual payment
amounts (based on percentage of TIF revenue), and time frame over which grant is to be
paid.
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~ The program is administered by the CRA. ,..A~\ ,.,~t~~~" ..~-,
~ Other participants may include, but are not limited to, thè"t~!ty òf\~~lray~'each, WARC,
property owners and project developers. "~ ~~i:~è:~~4'-
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Since;'Jì,;]ion, in ,985, the Community Redevelopment Agency has been asked to
participate i1'l'~or - ovide fq)1ðing for a number of community events and projects. Since the
program· pfi~ ~_p~RA have a direct impact on the residents of the district, the CRA
must I ,<.' ems, needs and desires of the people in its project decision-making process.
T /;, ore, it is ,,0 !' "to maintain an open line of communication between the agency and the
resid §.. Expe ";'turls for community projects and events which further the goals of the CRA are
necessa" ~~. ,rom . me to time in order to maintain and promote the CRAls role in community
redevelop
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Amazing Creations florist (before)
Proaram Participants and Administration
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Fundina Sources
~ The CRA will provide the funding for the p
~ Program allocations shall be determined
discretion of the CRA.
Proaram Schedule l/i
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~fš.¥.~ ~.
~ Program was implemen -a in fY 1991
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# 3.3: Commu .
Backaround
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Proaram Obiectives
~~:--\, '{~
Amazing Creations Florisd~ff~:;~J.,-.t,\
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~ Maintain a positive and involved role within the community.
~ Further the goals of the CRA through participation.
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» Promote and sponsor community events, projects and programs which will lead to
stabilization and expansion of the economic environment within commercial areas,
revitalization and rehabilitation of the existing housing supply or further other basic goals of
the CRA.
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Proaram DescriDtion
Proaram ParticiDants and Administration
Fundina Sources
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» The project will be administered by the CRA. \\
» Contributions to organizations, programs, projects, and events 10 /. d w\rin the West
Atlantic Redevelopment Area shall receive approval by the WA ¡:,,,.,~~~': ""efore being
approved by the CRA. . :~. '"
» Other participants may include, but are not limited to, comml,!PJÍy groups and org~ations,
public bodies and private not-for-profit corporations. j' ,,"" "f?~~,,; ,"
<i"~~:;'. 'j.,
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» The CRA will provide the funding for the progra~ni. ""~~'" ~t;i!~A~. >"
» Program allocations shall be determined ~ff"Wäll;"" uri-Þtg the budget process or at the
discretion of the CRA. i -'~¿.t~._. ,P
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Program Schedule
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Backaround
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In 1985, the Atlant " e Ta " orce presented a report to the City Commission which
outlined a list of p~2?0sed pbYj ,~. róvements along the Atlantic Avenue Corridor. One of the
improvements .ø~ :,;:. ed waYfhe us of a tram system to connect the downtown area to A 1 A. The
notion of a q ~ to huttle furthered in the Cit}ls Comprehensive Plan, which states that the
City will develo '. , f9",: n in-town shuttle system which links the rail stations, the central
busin~~ .,' be j' waterway access points, parking areas, community facilities and
add < es n 0 ;¡ elderly. In 1992 the CRA commissioned FAU/FIU Joint Center for
E ental . .-', U .j' n Problems to give its recommendations on the development and operation
of a t syst. in Delray. The report, entitled, II A Downtown Trolley: An Altemß.tive
Transpo . n . > de in the City of Delray Beach", recommended a free, three-trolley system,
however fu <' ~ §,r was not available at the time to implement it. In 1995 the City worked with the
Florida Depaf'tment of Transportation to create a Transportation Concurrency Exception Area
("TCEA") for the downtown. The TCEA designation was necessary in order to stimulate
redevelopment of the downtown without triggering a requirement for road improvements that would
be impossible to implement due to right-of-way constraints. In order to provide alternative measures
to mitigate traffic impacts, the City committed as part of the TCEA to a plan for inner-city transit.
By providing a direct link to the rail station and the beach, a shuttle system will increase the
accessibility of the downtown to the residential neighborhoods east of 1-95 and others who may wish
to utilize the Tri-Rail system for a day at the beach, to visit Old School Square or to shop in
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downtown Delray. This type of local transportation system can decrease automobile trips
throughout the area by enabling people to park in centralized parking facilities downtown and travel
to other sections without having to use a car.
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In 2004, the City was successful in obtaining a commitment of grant funds from the Metropolitan
Planning Organization (MPO) for a shuttle system that will run from the Tri-Rail station to the beach
at various intervals, both during the week and on weekends. The CRA has committed matching
funds for this project.
Proaram Obiectives
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}> Develop an alternative means of transportation between the Tri-rarr '~:_-:.~"d the beach
along Atlantic Avenue. ..";~;t~i-. .
}> Increase market appeal of the downtown, both to visitors arlct~o new businessšt?:;-
}> Limit automobile traffic trips within the downtown. .; ,-:- "'~:¿f'Jfk;'., ",;
}> Provide additional transportation system for low and m8ti_eratEf~tÌ\çome riaers in order to
facilitate employment opportunities. ~~\~. ~~~~~"J -l:~~~
.:"_ ò - - ',-, :~;_:.,. - ';~_'~,{t~ :
~. :~~i~~~-- - --,
Proaram DescriDtion 'off. _ _"~":.
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}> Phase One shall. be t~e i":1plementation If the s ~,-,f3 šy-§~~m ~or a three-year period
pursuant to the stipulations In the grant ag - ment be"~enA1íe City and the MPO.
}> Phase Two shall be an assessment of rider ' -. _ and defjrmination of future system needs
and funding sources. /.~~,.. ll'i
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Fundina Sources
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, e initia ~. erati during the grant period shall be by the City, the CRA, and the
fC?r a }ðIf scale system shall be determined.
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begins in October 2005.
will begin in 2008.
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# 3.5: Business Development Program
Backaround
Increasing economic activity within the Community Redevelopment Area is a major objective
of the overall Community Redevelopment Program. Investments by the CRA which result in
increased business opportunities have positive impacts on employment, the tax base, and the
physical environment, all of which are positive steps toward the elimination of slum and blighted
77
h
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conditions. Many other CRA programs are aimed at increasing economic activity within the CRA
district. The purpose of this "Business Development Program" is to provide a means to focus the
effort. The primary goal of the program is to facilitate small business development within the
Community Redevelopment Area, particularly in the West Atlantic Redevelopment Area.
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The program will encourage and assist businesses by providing assistance during the crucial
first year of operation or expansion. The program will provide additional benefits to the local
economy by helping to eliminate some of the vacant commercial space within the ~rea. This not
only improves the overall appearance of the area, but also contributes toward the >g~velopment of a
critical mass of activity, whereby individual businesses draw additional customers 'fpr each other.
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» Provide economic stimulation to the area.
» Increase business opportunities.
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» Increase employment opportunities. [ ,:~~~.
» Decrease unoccupied commercial space within the area. '.1);".
» Prevent the spread of slum and blighted conditiorlsSj~;::~0;';>~;;~""j' '_ -('.~-tJ'
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Proaram Deserlotlon ;-i,Y';:;¡l~~~M¿;!ti~ '-'}£"'f"
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» Provide business rental subsidies for the t year <¿~UI, ear leases, although at the
discretion of the CRA, generally the renta bsidy sfï:lll not be given when total rent,
including subsidy exceeds the fair ~, ket ren . , e 9.i~a;
» The CRA Board shall maint~~. 'cy guidelines ~'~ding types of assistance, the area
served, funding limits and eligtpili " , uirements.
» Although the CRA shall f!la1\e.,lts de " '., 'Qn on a case-by-case basis, generally assistance
shall not be given for u =5 whlch do no "'\~ ~pforce and further the redevelopment strategy
and goals for the geo as' rea in ;. ich they are located or are non-conforming with
regards to the City's Land' lopment Regulations.
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» Parts of the Program were implemented in FY 1994/1995.
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#3.6: Historic Facade Easement Program
Backaround
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The preservation of historic structures in the Community Redevelopment Area is a major
objective of the overall redevelopment program. Historic preservation is important both
economically and culturally and is an important tool for eliminating slum and blighted conditions.
Historic downtowns are generally more successful if their buildings are preserv~d, rather than
demolished. A well preserved historic downtown can be marketed as a unique p,Iª~e for people to
work, shop, eat and congregate. This enhances the social and economic vit?lity &f the area and
increases the property tax base. ,>,;~t.~,- ~?:
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Many CRA programs and projects can utilize historic preservat!pn as a red eve . {!1ent tool.
The CRA, through this IIHistoric Facade Easement Program", may PJt~,hase the facade ~à"historic
structure for a portion of the cost of exterior improvements. Not qrtly ëJf!~~ß this bef'\efit the property
owner by allowing it to initiate the improvements at a fraction of'~e toiât~9st, it a)~o benefits the
public by improving the appearance of the building in particula~}4he af~ io~eneral and in
preserving a historic structure as a linkage to the past. Tt).~~~t· ov?¡F1,~r is r~quired to designate
the building as a historic site with the City of Delray Beach ã :_,;a~Jetains ownership and
architectural control of the historic facade in perpetl4<~*Y'!~At~¥;ç". -'"'tf.~:,., ---.
G .~-t~{;.i.. ~¡~~.~ "
One example of a historic easement that th~ÇRA purè edJ~s the Flamingo Gas Station,
located at 301 East Atlantic Avenue. This $25,OOO'êcade easément was one component in the
successful renovation and adaptive re-u~p~~,the his' £', r~£t6re from a defunct gas station to a
restaurant. Another example is the foraf~J; Masonic Lo i';túilding, located at the intersection of
East Atlantic Avenue and SE 1st Ave.n(~. T~\~45,OOO preservation facade grant represented 50°,fo
of the cost of rebuilding the facad~¡~t)è projé~~as completed in 1998. In 2003 the CRA provided
a $50,000 grant in exchange fa' açqde ease % ' to enable a relocated historic bungalow to be
renovated as offices for the 0 ,B~;ÐQ Histori,. Society (see photo).
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:~~ .'fr6vide economic stimulation to the area through renovation.
'~'>'):,~, .... 'I: ". »if romote historic preservation.
r~i: ,.» Encourage adaptive re-use of historic buildings.
',':_, '-» Prevent the spread of slum and blighted conditions.
- » Increase employment and business opportunities.
» Decrease unoccupied or underutilized commercial space
within the area.
» Stabilize and Increase the property tax base.
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» Provide capital to property owners to renovate historic structures through the purchase of a
façade easement, with the purchase money tied to the renovation of the facade.
» A Property Owner utilizing the program has his or her building designated a historic site as
set forth in the Cit}ls Land Development Regulations (Section 4.5.1).
» All historic structures within the community redevelopment area could be considered for the
program including those historic structures that have been moved from outside the area.
» Purchase of historic easements will be considered by the CRA on a case-by-case basis and
subject to available funding.
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)0> Facade easement purchase money may be used as a matching fund for other grant funding.
)0> The facade easement is superior to any mortgages.
)0> The CRA retains architectural control over the facade.
)0> The building owner is responsible for maintenance of the facade improvements.
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Proaram Particioants and Administration
)0> The program will be administered and coordinated by the CRA. .
)0> Other participants include the City, the Historic Preservation Board, and ,~þperty owners.
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Fundina Sources ~.~~:._, \
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)0> The CRA will provide the funding for the program. . ',~~,,,
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)0> Program allocations shall be determined annually during ," budget process\~ at the
discretion of the CRA. /;',:' ". -\ ". i'J
)0> Other funding sources include public and private entitioo'hich >~yide gr\nts for historic
preservation. "~'\." "'~~:tf~":'
Proaram Schedule
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#3.7: Grant Administration Pr
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To facilitate additional i
apply for and administer granfs
)0> The program was implemented in FY 199
Backaround
, ommunity Redevelopment area, the CRA will
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ulation to the area.
opportunities.
I ent opportunities.
rease using opportunities.
me.· projects outlined in adopted Area-wide and Neighborhood Plans.
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the CRA district will res
employment, housing, th
toward the elimination of s
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)0> The CRA may apply for, accept, and administer grants from Federal, State, and local
governmental entities, charitable foundations and entities, and such other organizations as
may offer grant funds for the planning and carrying out of redevelopment efforts in pursuit of
the purposes of the Community Redevelopment Plan.
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Proaram Particioants and Administration
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~ The program will be administered and coordinated by the CRA.
~ Other participants include, but are not limited to, Federal, State, and local governmental
entities, charitable foundations and entities, and such other organizations as may offer grant
funds, and organizations, businesses or individuals who may participate in the program to
receive such grant funds.
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Fundina Sources .A(
~ Federal, State, and local governmental entities, charitable foundation§i4Ì1p. en\ies, and such
other organizations as may offer grant funds. >··'{"":~~~1.!.t~~~~,
~ At its discretion, the CRA may match grants from other entitie&. "~~>'" .
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~ The Program was implemented in FY 1995/1996:þ,;:~~. ':'" ~~i';J'
#3.8: Delray Beach Renaissance (First lfiftil\'~~lt,l~rs) Pr~gram
\t ,.. <>~~("
BaCka::::ommunity Redevelopment -1!ncy i~_ ,1 A:Ordable Housing Program in
March, 1992 for the purpose of provid' affordable n using units within an area of the CRA
which contains a considerable nUrl1Þêt . nt building lots. This program is also important, in
that, it will enable the CRA to addf'Êf§'s the is . of relocation and housing replacement for CRA
residents who may be displac~-?: . suit of fu, .edevelopment activity. An informal partnership
was created between the Coún ·w, the A, and the Community Financing Consortium
("Consortiumll), a multi-bank, non t financial intermediary whose purpose is to make first
mortgage construction a ';., ermane _ o~ns to builders and home buyers. The CRA's major role
was to acquire vacant lots ~ "~~ vide sQ1tf'second mortgage financing to home buyers. In addition,
the CRA, on a limit~d basiš~?,aJ1' \~,provide loan guarantees to builders for model homes.
. In 1 ~~th t ~.- . A en~s int~ a ~ormal partnership under ~he 'Renai~sance Program" wit~
the City, com. ffl' ~11];J.'iConsortlum, Delray Beach Housing Authority, and two non-profit
houi!in £,§; .!}§ my Beach Community Development Corporation and the Center for
Tec . logy,' ':....., .' ",,', d Development, Inc. The partners applied for and received a grant from
the' ',' g.eral Horttè~, LOEf "'Bank Association and the State HOME Program in 1995. In addition, the
City p~Qes mo~}es from its SHIP and HOME Programs. These monies are used, along with the
CRA morft\s." fo, r oft second mortgages for home buyers. The CRA's major role continues to be
the partner~iding vacant lots for the program. The geographic area in which the program
concentrates~ that which is defined by the City and approved by HUD as the target area for
development of low and moderate income housing. The emphasis of the program, although not
limited, is to encourage single-family, fee simple home ownership. The household income target for
the program is as low as under 500/0 of median income and as high as 1200/0 of median income.
In 1997, the CRA began using its second mortgage funds to assist homeowners living within
the West Atlantic commercial corridor to move into new, affordable housing.
81
PrOGram Obiectives
" ':,:il·:;F'
~ Provide decent, affordable housing for residents who are oÞf~. to moderate inclme level.
~ Stabilize and preserve neighborhoods through redevelop~~nt ~'!he eliniï~ation of blight.
~ Create an atmosphere for a mix of income levels within detet1pratè~~'i~id~@tial areas of the
CRA. fi¡~,'t~ ~!>t::?S{.tf:-
~ Encourage fee simple home ownership. -",~ ,_~îl'
~ Assist homeowners in relocating as a resu :.~ ent projects and land
acquisition.
The Target Area for the Affordable Hou '. ogram ", .' - ally be between lake Ida Road/NE
4th Street on the north, SE/8W 1 Oth $~ he south, 1-95 to the west and Federal Highway to the
east. The details of the program ~~. shin the program guidelines adopted by the CRA.
Components of the program m ffndùde, but not limited to the following:
'\. ..#
~ Home Buyer Assistance I . S secu ed by CRA soft junior mortgages)
~ Credit Enhance ; nt for Bui through loan guarantees for a portion of construction loans
~ for speculative h
~ Permanent loan Ä
~ Home Bu s Mark ..
~ Referr ". specti horn buyers to other agencies which provide education on home
own credit r .- ir
~ Archit <) sistance to builders, home buyers, and non-profits at minimal cost.
~ #' - n 0 cant residential lots and residences for resale and development or
- ~ redev fer to Appendix 110" for land Acquisition Map)
..' echnic n nancial assistance to COC's
~ Iy for -ants and other aid to enhance program including economic development, credit
b utification projects and administration
~ may also provide the above services as part of a joint program between other
publi and private sector participants.
~ To supplement the program, the CRA may assist the City Police Department to improve
security in the area through the purchase and rehabilitation or construction of one or more
housing units within the target area for use as police substations. When these substations
become unnecessary, they will be recycled as affordable housing units.
~ The CRA may also provide, on a temporary basis, vacant lots leased to the City or
neighborhood associations for use as community gardens, open space, or neighborhood
parks.
PrOGram DescriDtion
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~ The CRA may borrow funds from other sources to acquire lots and land to develop lots for
the program.
Proaram Particioants and Administration
~ Participants may include, but are not limited to, the CRA, private developers/homebuilders,
non profit housing sponsors, home buyers, lending institutions (including the "Community
Financing Consortium"), the City of Delray Beach, Palm Beach County, th~ Delray Beach
Housing Authority, The Delray Beach Center for Technology, Enterprise & 9(velopment, Inc,
the Delray Beach Community Development Corporation (a LlSC organi~atior\Pf Palm Beach
County), and other foundations, Palm Beach County Housing Financ~:~~tho'" ,the State of
Florida Housing Finance Agency, and public/private sponsors. ':µ'~:~.{1~ì '. \.
~ The roles and the various participants will be set forth in the pr~gram guidelin " ,gopted by
fueCRA. ~ r
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Fundina Sources
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~ Funding of the program elements for which the CßA' ~~.<. e w3tt3e provided by the
CRA. . ß
~ Other potential funding sources include, bijt;:1fm~qllirflit~d to, Local, State and Federal
Governmental Grants, and Private contrib ·'lons. ",r'''f''_ "~\:,.
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#3.9:
ramf'Clean and Safe"
Proaram Schedule
~ Program was implemented in ~
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Backaround
The downtown ar _ ~~n 1-9 ~F d the Intracoastal Waterway, has been in the midst of a
major revitalization effort f ~. .,'.'" . fs. The beautification of East and West Atlantic Avenues
has contribute<!~ ";. ~ overaRf11arm nd appeal of the area for the pedestrian shopper. Marketing
of the area t'»ktúg . . r; cial ev~t~ and activities has also generated large numbers of visitors to the
downtown. bt1t~· t~ for t'è'" area contained within this CRA Plan or the CitYs Comprehensive
Plan ar~~~~ fa(~f~additional investment in the downtown by improving marketability.
Wi~~réã~~, ,. <..,:~s>mes a greater maintenance responsibility, in addition to an increased
pol" resenc ens,~e safety.
~~
. rog m is designed to build upon previous efforts and set fue stage for future initiatives
j ',' . wntown as a center of business and social activity.
Proaram Oblectives
~ Provide economic stimulation and increase investment in the downtown core.
~ Increase nighttime activity.
~ Improve visual appearance of existing structures and pedestrian accesses to parking areas.
~ Strengthen the relationship between parking areas and destinations for downtown workers
and visitors.
~ Improve perceptions of nighttime safety for downtown visitors.
83
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~ Improve cleanliness and upkeep of street furniture, lighting, landscaped areas, sidewalks,
etc.
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Proaram DescriDtion
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The program may include, but is not limited to, the following elements:
~ Continuation of a "Downtown Joint Venture" with the DDA, the Chamber of Commerce and
the City to fund a downtown management and marketing program with a ~µtftime manager.
~ Continuation of a uniform sign program and exterior facade design guideline'Ç for the District
~ Increased levels of maintenance, code enforcement and police patrQJ@¡ in the. downtown in
...}~o.:.t:!-~~~"i'\~ _ ~~
order to enhance the area's appearance and safety. '~'4< ·,,·'t-"!'~f~;~ '"
~ As an enhancement to the City's CBD Alleyway Program the C.f~A shall coor "j~, e vyith the
City to develop design plans and implement additional imprqyAments to upgrad ' . :.' ". nicipal
parking lots, the appearance of building facades adjacêñt~~,,, alleyways, arttJ provide
pedestrian access to parking through alleyways. CRA ftJ~~d i~~!f?vemer}!$ may include,
but are not limited to, landscaping, lighting, signage and speë51~J. paV1tiituyþØ¥è appropriate to
denote rear shop entrances and pedestrian circ4Jâ.ij~ w -·1~. s à~~Îstance to property
owners to improve facades that are visible from hea ¿; .,..: lIéýways.
» Building facade improvements utilizing H' õrrr'~( - l~ Easemént Program and site
. ~
assistance programs. . ~~'" <
~ Creation of a Downtown Historic District. ~ 'Jf
~ Assistance in the preparation of a Riverwalk !1 for th ~:' aterfront between Veterans' Park
and the City Marina (Note: Co '~RJction . ~erwalk is an unfunded Project.
Completion of the Plan is not a. rantee of futu l1ding).
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tow Joint Venture was formed on January 13,1993.
CR ed improvements were made to two downtown Municipal parking lots (Blocks 92 &
1 09)' FY 1992/1993.
» Renovation of the Bridge Tender's house was completed in 1993.
~ The CRA's first facade easement was purchased from the Standard Oil Company gas
station owner in 1992 (Elwood's Restaurant).
» Downtown signage program commenced in 1999.
» Façade grants are ongoing.
» Funding for concentrated maintenance and safety measures began in FY 04/05.
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III. PROGRAM OF REGULATORY ACTIONS
The following section describes the changes to existing City regulations that will be required
to implement the Community Redevelopment Plan. Unless otherwise described below or on Figure
5, building height, density, setbacks, and site development requirements are intended to remain as
they presently exist in the various City zoning districts, and future land uses are to be consistent with
the City's Future Land Use Plan and the Comprehensive Plan's Future Land Use Element policies.
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A. Comprehensive Plan and/or Zoning Amendments . '1t
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~ Amend the Zoning District Map from R-1-A (Single Family Reside~ttY_~~M (Multiple
Family Residential) to CF (Community Facilities) for various ,parcels locate~'@gjapent to
CBD-zoned properties in the West Atlantic corridor and along~8YV /SW 5th Avenuè1fforder to
provide for parking areas. These changes are to be p~géeš~~Si!~ on an ap-needed basis
concurrent with redevelopment. .,""i\;b, '-;. "'" .J?;;,
~ Amend the Land ~evelopment Regulations, Zonin~..l?istricfM.e:p, å '\Çl~I~Fúture Land Use
Map (as appropnate) to accommodate the adqptr' , l the (gä France Hotel for
affordable housing, office, or community use.. ';':!þ. '~\'''h. ",
~ Amend the Land Development Regulation$.1øã~'i:il_9Pt1&Je to allow increased densities
and/or other incentives and opportunities t . ncourðl~~thé~~~ation of affordable housing.
~ Amend the Land Development Regulation oning D!Qrict ~ap, and/or Future Land Use
Map (as appropriate) to implement øensity' uctions ~nd other provisions necessary to
implement the Osceola Park Nei '~, ood:~h... J~î'1
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PART FIVE: THE COST OF REDEVELOPMENT
The following table contains an estimate of total public cost to the City, the County, the CRA
or other agencies of the City for redevelopment projects/programs and for capital improvements
within the CRA District. Cost projections for on-going long term programs are given for a five-year
time period only and will be amended accordingly as this plan is continually updated.
TABLE 5-1: CITY, CRA & COUNTY FUNDED CAPITAL PROJECTS - 2005 TH8d~GH 2009
800,000
690,000
127,000
350,000
1,666,000
600,000
750,000
100,000
2,703,000
11,474,000
2,572,000
120,000
8,000,000
5,850,000
7,278,000
215,000
300,000
16,000,000 Federal
790,000
418,000
1,210,000
250,000
5,144,000
14,985,000
9,184,000
3,500,000
3,084,000
430,000
. ~
" . ......._,~.. ......~._-~,~~-""'~.--.----~~------,~"""'-~.-"........,.. ,-~ ---_..~-~-_...._----~~-~.~~~- ~""~ ~~...--,...~....-~~,...,. _....~,.. ~-~;>,............" --- ~- ~~"""--»~",-",~~"::::~,-,,,,,.....-,...--_.:--~....-:.:--,,:::~..:
1 Based on the CRA's area as a share of the City's total area (19%)
2 Included in the General Fund Operating Budget
86
A. Tax Increment Revenues ~'-:~~i
Tax Increment Revenue is typically the major source of funding for r~~¥~lo ~
þ"'J..t~'~ "'-,
under the State of Florida Community Redevelopment Act. This increment, -, r
annually, is equal to 95% of the difference between: the amount of ~9 valorem taxe "~ i~"d each
year by each applicable taxing authority on taxable real pro·, -: within the , munity
Redevelopment Area; and, the amount of ad valorem taxes that Y.\t.òul ~ '" ye been 'produêed by the
current millage rates prior to establishment of the Redevelop'ñt~J)t T~<Fund.W;.8oth of these
amounts are exclusive of debt service millage of the taxing authoritrè§.. ';~~~~<'o .:if-If
~.,; 1i~? '~~"."--t ' . . "t; __> ~l~~fÇ7
The ability of the Community Redevelopment A ~ncy '~k;: ynding method requires
two key actions:
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I. SOURCES OF REDEVELOPMENT FUNDING AND FINANCING
The following section provides a general review of potential sources of funding for
redevelopment programs, and a description of the funding sources applicable to each of the
improvements or projects identified in the plan. In general, a variety of financing options are
presently available to the Community Redevelopment Agency and the City of Delray Beach. Among
these are the following:
~ The establishment of a redevelopment t
repository for increment tax funds, a d;
.~~
..re~')¡¡;~d by FS 163.387 as the
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1y, for the fu 9 of the redevelopment trust fund for
lopment Plan.
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w the City of Delray Beach or Community Redevelopment
ance redevelopment actions, with the security for such
assessed valuation of the completed community
. itional annual taxes generated within the Community
the lit - ere ent", is used to finance the long term bond debt. Prior to the
reven~· .bonds, the City or Community Redevelopment Agency may issue
to pro ðe up-front funding for redevelopment actions until sufficient tax
to amortize a bond issue.
II
e poses of financing redevelopment actions, The City of Delray may also issue
General Ot) " n Bonds. These bonds are secured by debt service millage on the real property
within the Ci . and must receive voter approval. The existing "Decade of Excellence Program",
which includes may redevelopment initiatives, is funded, in part, by a 21.5 million dollar 1990
General Obligation Bonds, Series 1990 and 1993.
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D. Soecial Assessment Districts
The City of Delray Beach could also establish special assessment districts for the purpose of
funding various neighborhood improvements within an area or for the construction of a particular
project. This funding mechanism was utilized in 1994 whereby a Special Assessment District was
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set up so that each of the property ownerls in the Bankers Row project could be assessed annually
over a 1 O-year period for their share of the cost in the project. This mechanism was also used in
Pineapple Grove in 2004, whereby property owners could pay a one time assessment or split the
assessment up into payments over 20 years at an interest rate of 8%.
E. Community Development Block Grants (CDBG)
1
Each year the City of Delray Beach receives CDBG grant funds directly frqm the Federal
Government to improve the area designated as the "Community Development Targ~t Areall. These
CDBG monies are committed to demolition of substandard housing units, housing'rål}ab assistance,
and home ownership assistance within the target area which includes m . of he Community
Redevelopment Area. All of the total funds expended have been for the be . t'.· ,¡Jow, low, and
moderate income residents and assistance grants to community-based,$ocial servicå 3'~~!,i~tions.
F Industrial Revenue Bonds (lRB) A~:\~\> > Y'
Industrial revenue bonds may be used to finance ip . "'.". "me mercial projects.
The primary emphasis on such projects is the creatio~ ~! job ~\~. ltPJ;!s quence speculative
ventures are not normally financed by this means. ~~~lßfJs '¡¡å{~ typically issued by the County,
with repayment pledged against t~e revenues of th« priv~tè~tit1t~rpn~þe~~g f~nded. IRBls are tax
exempt and consequently are typically 3 percenta pOints b1Jj,)w p~vallJng Interest rates. Such
financing has been used effectively in Soutt) Florid 1ÿ.{
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G.
Land Sales/Leases
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Acquisition of property a ct-r>US"prep 'on for development are powers available to the
Community Development Age " under provisl ' _gf F.S. 163. The resale or leasing of such land
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to private developers can pro'll o~. source < < income within the Community Redevelopment
Area.
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H. Contribut
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Volunta~~ ntributi' by ate companies, foundations and individuals is a potential
source of inçg~ eo; Com~n~ty Redevelopment Agency. Although such contributions may only
account for "a 1. .-" i~n of fé'fjevelopment costs, they do provide opportunities for community
partici~J1ift '~otional benefits.
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I. From Commercial Lenders
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;¡.CRA ,S also authorized to fund redevelopment projects and programs through direct
borrowing "l'~'7' s. Depending on the particular project(s) funding requirements, the CRA may
utilize both st('rt and long term borrowing. Although terms and conditions may have a direct bearing
on use of a particular commercial lending institution, the CRA will generally attempt to attain the
lowest available interest rate.
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II. FIVE YEAR PROJECTION OF REVENUE & EXPENSES
The primary funding source for CRA activities is the Redevelopment Trust Fund. This fund is
the depository for all TI F revenues generated within the Community Redevelopment Area. Based on
estimates of the current property valuations the rate of private new construction, it is estimated that
the total tax increment revenue generated by the redevelopment area will be approximately $47.6
million over the next five year period. This estimate is believed to be conservative since it does not
include revenues generated by the redevelopment projects described in this plan. These projects
will increase the total tax increment as they are completed and entered on the tq,~toIlS.
Since its creation in 1985, the CRA has continued to expand its redetåtppm\ nt efforts into
the surrounding community. In 2004 the CRA issued $10 million in tax-exemì'ffJit 0 accelerate
several beautification and infrastructure projects in order to insure that,,~uch vital roa qS West
Atlantic Avenue, North Federal Highway and NE and SE 1st Stre~!ø;:were improved a"o . able to
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better serve the needs of the downtown and West Atlantic corridQf. "j~~~¡,. .,
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REVENUES
Tax Increment Revenues
Land Sales
Project Reimbursements
Property & Other
Revenues
Interest Income
TOTAL REVENUES
$9,418,813
$1,321,000
$103,713
$47,724
$10,639,547
$133,100
$103,825
$48,752
$11,982,354
$146,410
$103,939
$49,833
$2,033,329 $2,074,596 $2,076,349 $2,080,292
$17,842,478 $7,793,653 $5,663,294 $2,944,615 $2,312,439
$203,448 $170,391 $82,120 $84,737 $87,469
$702,923 $646,419 $678,318 $710,810 $660,750
$20,778,315 $10,643,792 $8,498,328 $5,816,511 $5,140,950
$1 ,687,535
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III. FIVE-YEAR REDEVELOPMENT PROGRAM AND FUNDING ALLOCATIONS
]
This section of the Community Redevelopment Plan provides a five-year funding program for the
Planning, Redevelopment and Community Improvements programs and projects that are identified
within the Plan. This five-year program is intended to serve as a guide for project implementation
and to assist in cash flow management. It is not intended to replace the annual budget adopted by
the CRA.
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Table 4-3 lists estimated project-specific net funding allocations for each CRA projijct. This table is
for planning purposes only and is not a guarantee of expenditure of funds on ~,giverii¡prOject. Actual
pro~ect allocations will be dete~mined annually through the ~udget p~oces~,~~'§~,,~Ii>~,iti~s. change,
projects are deleted or new projects or programs created, this table will be amef1'êK!~1t IS Intended
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that the table be amended at least once annually, after the adoption of the budget. --c~~~~',,> ,¡
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TABLE 5-3: CRA FIVE YEAR REDEVELOPMENT PROGRAMMING;; & ~--:'l:NDING AlLOCÂTIONS
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$10,000
$180,027 $180,027
$246,700 $205,000
$120,000 $120,000
219,215 224,215
$33,748 $34,848
$ -0- $ -0-
$555,000 $555,000
$150,000 $150,000
$246,925 $260,349
$550,000 $50,000
$343,000 $343,000
$ -0- $ -0-
$110,000 $ -0-
$50,000 $50,000 $50,000 $50,000
$20,000 $20,000 $20,000 $20,000
$150,000 $150,000 $150,000 $150,000
$15,000 $15,000 $15,000 $15,000
$20,000 $20,000 $20,000 $20,000
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APPENDIX A: LEGA\. DESëelP110N
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OF THE COMMUN~:r¥.RED:EV,J;<~ØPMENT AREA
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Beginning at the intersection of the north right-of-way line of N.W. 4th Street and the east right-of-
way line of Swinton Avenue, thence run westerly along the north right-of-way line of N.W. 4th Street
to N.W. 4th Avenue; thence run westerly along the north right-of-way line of Lake Ida Road to the
east right-of-way line of the E-4 Canal; thence run southwesterly along the E-4 Canal to the east
right-of-way line of 1-95; thence run southerly along the east right-of-way line of 1-95 to the north
right-of-way line of S.W. 10th Street; thence run easterly along S.W. 10th Street to the west right-of-
way line of S.E. 6th Avenue (U.S. #1 northbound); thence run northerly along S.E. 6th Avenue to the
north right-of-way line of S.E. 2nd Street; thence run easterly along said right-of-way line of S.E. 2nd
Street, and the easterly projection thereof to the west right-of-way line of the IntraqQ~stal Waterway;
thence run northerly along the west right-of-way line of the Intracoastal Waterway tQthe south right-
of-way line of S.E. 1 st Street; thence run easterly along the easterly projecti9!t~! ,thé\outh right-of-
way line of S.E. 1 st Street to the east right-of-way line of the Intracoastal"W,' ,":.;.. . thence run
southerly along the east right-of-way line of the Intracoastal Waterway to its interse n with the
westerly projection of the south right-of-way line of Miramar Drive; Jtf?nce run easterl . ,<"" ng the
westerly projection of the south right-of-way line of Miramar Drive.,aJla~ng the SQuth ri~ht-of-way
line of Mi~amar Drive to the northeast corner of Lot 4 of the W11{t~ms'J?eibel§cubdivision, as
recorded In Plat Book 18, Page 55, Palm Beach County Records; thªnce"~..s~tftherly along the
east lot line of sai.d Lot 4 t~ the .s?uth line of .said Willi~~~qn~,q!!.9~~,~~~~~l¥isiòñjJ:«en?e run westerly
along the south line of said Williamson Deibel SubdivIsion t(f1º,~ 't'jä:sff.ftgik0r.:way line of Gleason
Street; thence run southerly along the east right-of-vvp1frit , råg~on Street to the south line of the
Dover House Condominium; thence run easterli along { . sòttt~ )ine of said Dover House
Condominium to the west right-of-way line of A 1 A; ", nee run '. he.~terly along the west right-of-
way line of A 1 A to the easterly projection of the no " '. ,ight-of-vJ4y line of Lowry Street; thence run
westerly along the easterly projection of, t > Qrth rig . 'f way nile of, and the westerly projection of
the north right-of-way line of Lowry Stre~ the west righl.. "'way line of the Intracoastal Waterway;
thence run northeasterly along the J/Jè . ffi' ht-of-way line of the Intracoastal Waterway to the
centerline of the right-of-way of N.§~~lCou > ence run westerly along the centerline of the right-
of-way of ~.E. 1 st Cou.rt to the . rig~t-of-way" Qf N.E. 7t~ Avenue; thence run southerly along
the west nght-of-way line of N~. J\iel1ue to tti: south lot line of Lot 15 of Block 115 of Town of
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Linton Plat as recorded In Plat Bo 'Page 3, Palm Beach County Records; thence run westerly
along the south lot line Of;6ªid Lot 15, d the westerly projection thereof to the east lot line of Lot 5
of Block 115 of said Towrt~~ ~. ton Pia Hence run northerly along the east lot line of said Lot 5,
and the northerly projectio" . tye southeast corner of Lot 38 of The Hofman Addition, as
recorded in Pia' ',k 5, p. 3, * m Beach County Records; thence run easterly along the
easterly proje ,1' he sou . lot line of Lot 38 to the southeast corner of Lot 49 of said Hofman
Addition; thâ'rt, .' ortherly :l6ng the east lot line of said Lot 49 and the northerly projection
thereof l~i~~~~n '," ¡m-ér of Lot 44 of s~id ~ofman Additi?n; .thence r.un w~sterly along the
north :.I6t of'. . and the westerly projection thereof to ItS Intersection with the southerly
prQj~lItion of tti t :f' ine of Lot 14, McGinley and Gosman's Subdivision, as recorded in Plat
Book'~~age 87 aim Beach County Records; thence run northerly along the southerly projection
of the eã§}J' ot lin .' f said Lot 14, the east lot line of said Lot 14, and the northerly projection of the
east lot lin '. a Id Lot 14 to its intersection with the centerline of the abandoned N.E. 7th Court
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right-of-way;. 'ence run easterly along said centerline of N.E. 7th Court right-of-way to the west
right-of-way line of N.E. 7th Avenue; thence run northerly along N.E. 7th Avenue to the northeast
corner of Lot 45, McGinley and Gosman's Subdivision, as recorded in Plat Book 2, Page 87, Palm
Beach County Records; thence run westerly along the north lot line of said Lot 45 and the westerly
projection thereof to the southeast corner of Lot 59 of said McGinley and Gosman's Subdivision;
thence run northerly along the east lot line of said Lot 59 and the northerly projection thereof to the
north line of the Sophia Frey Subdivision, as recorded in Plat Book 4, Page 37, Palm Beach County
Records, thence run easterly along the north line of said subdivision to the southwest corner of the
Martell Arms Plat, as recorded in Plat Book 37, Page 133, Palm Beach County Records; thence run
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northerly along the west line ot said Martell Arms Plat to the northwest corner of said Martell Arms
Plat; thence run easterly along the north line ot said Martell Arms Plat to the west right-ot-wayline ot n
N.E. 8th Avenue; thence run northerly along the west right-ot-way line ot N.E. 8th Avenue to the t j
north line ot Kenmont Subdivision, as recorded in Plat Book 20, Page 65, Palm Beach County
Records; thence run easterly along the north line ot said subdivision to the west line ot the Denery n
Lane Subdivision, as recorded in Plat Book 23, Page 238, Palm Beach County Records; thence run I j
northerly along the west line ot said subdivision to the south line ot La Hacienda Subdivision, as
recorded in Plat Book 15, Page 6, Palm Beach County records; thence run easterly along the south (-lj
line of said subdivision to the west right-ot-way line ot the Intracoastal Wate1~ày; thence run
northerly along the west right-ot-way line ot the Intracoastal Waterway to its inter~ction with the
south town limits ot the Town ot Gultstream; thence run westerly along said " th to~n limits to the
southerly projection ot the east line ot Delray Beach Estates, as recorded i " 1, Page 13, []
Palm Beach County Records; thence run northerly along the southerly projection 0, '~'1i. t~e east
line of said Delray Beach Estates to its intersection with the east ri ~ot-way line of Stâ1~:;f:toad 5
(U.S. #1); thence run southerly along said east right-ot-way line t9 f ~ rsection ')(Jith tH~ easterly f1 j1
projection of the south lot line of Lot 20 of Delray Beach EstatesfAieco ~ :""" in Plati300k 21 Page
13; thence run northwesterly along the easterly projection of the sÕ\t!h 10 .,",,~ Q .~aid Lot 20, the
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south lot line ot said Lot 20, and the westerly projection ot J (" ." ot,:,;' Lot 20 to the west Hj'
right-ot-way line ot Old Dixie Highway; thence run northerly. - right-ot-way line ot Old l j
Dixie Highway to the south right-ot-way line of Gul' - ,,- . oût~yard; thence run westerly along
Gulfstream Boulevard to the east right-of way line - N.E. .' - éÂy~e.i, thence run southerly along 11
N.E. 2nd Avenue to the north right-ot-way line of N. : < 8th Stre e~ run westerly along N.E. 8th
Street to the east right-ot-way line ot North Swint venue; . - ence run southerly along North
Swinton Avenue to the point of beginnin r-
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APPENDIX B:
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FINDINpS O·Ff~Ebt=sSITY
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RESOLUTION NO. )2-1'
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A RJ!SOLUTlON OF THE CrrY COUNCIL OF THE crrv OF DBLRAY SBACH
FLORIDA, DeCLARING CERT Am AREAS AS BLfGHTI!D OR AS SLUM
AREAS AS DEPINED IN CHAPTER t63, PART BIt FLORIDA STATUTES OR
AREAS IN WHICH THERE IS A SHORTAGE OP HOUSING AfPORDABLE TO '
RESIDBNTS OF LOW OR MOD ERA T! ¡NCOME INCLUDINC THE ItLDEttL Y,
OR A COMBINATION TH!R!OP, DECLARINC ^ NEED fOR RBHABILI-
TAnON OP SUCH AREASt flINDlNG A NEeD FOR A COMMUNITY
RBO!VJ!LOPME.NT AGENCY, PROVIDING FOR. AN fpnC1"Mt DATE.
wtmRI!A5, the City C«meU of the City of Delray B.ach, Florida, hereby find.. #lát one or
more lJum and 1»lf1h1e<1area. as defined In Florfd4 Statutes Seetlon 16'.340 or areas in which there 1. .
'hott... of hóUsing afford&ble to resident. of low or moder:ate IDComé inctudinl the elderly, or .
c:ombltl.tlon thereof, ex1lt In the City of DeJray Beach, and,
WH!R.BAS, a need for rehablUtatlon, conservatIon or redevelopment, or a combination
tnerecf, 1s neeessaTY In such area.s In the Interett of the public health, safety, moraIs, or: welfare of
the res.ld.nts of the Ci~y of OeJr.y BQCn) and,
WHER1!AS, the City Councn of the CIty Qf Detray Beach, Ptotfda, find. it 11 neeeaary for
. Commun.lty Redevelopment Agency to function In the City of Delray 8each to carry out the purpotes
of Chapter 163, Part III, Florida Statute..
NO", THEREFORE, aE IT RESoL\lED BY THE CITY COUNCIL OP THE CITY OP
DBLRA Y BEACH, PLORIDA, t\5 FOLLOWS!
Section 1. That Øt"Wt or more slum or bl1Shted areas or areas in \Yhich there 11 a Ihortase of
houlinø affor~ to res1c1entl of low or moderate Income tnc!udil'\8 'the eiderly, or a combln.tJon
th.reof, exist In the City of Delray 8e-.ch.
~t1on 2. Tha1 the rehabilitation. conservation, and redevelopment, or a eombination
thereof, of .udI area or areu 1. ne<:o.ul1' In the in~1"es't Qf the pubUc hèa1th, lafety, moral., and
...lfare of the r..ldentJ of 'the City of Delray Beach.
Sect1.on ). That there 1. a M~ for a Community Redevelopment Aleney to ~tlon In the
City of Delray Beach to carry out the COmmunity Redevelopment purposes of Ch-.pter 163, Part m of
the Plorlda Statutes.
5ectlcn ",. 'I11at the area of the City cd Delr." Beach more Ñ1111ttcribed in Appen.dbc NAif
II hereby fOUM and Mc1ared to be. alum and bUghted ar:e., .. deftn.d by and within the purposes and
Incent 01 Florida 5~t\1*r Chapt.,- 163, Part m.
5ectlðn " That thü retOlutlon nU become effective Immediately upon it. passase.
PASSED AND ADOPTED In reauJar ...lion on this the ...l!tb. day of
M., I 19a,.
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ATTESTs
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APPENDIX A TO RESOLUTION NO. 32-85
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On ~he north. beginnino at the 1ntr.ectian of N. W. 4th Str_t
And Swinton Avenue, thence run we.t....ly .Iant N. W. 4t.h Btr_t. ta
N. W. 4th Avenu., thWlc. run ....t.,l y .lane Lak. Id. Ro.d to the
£-4 Can.l, thence run .outh...t....ly·.lonO the E-4 Canal to the
...t riOht-of-w.y of 1-951 thence run eautherly along the ...trn
rIQht-of-way ISne of 1-95 to S. W. lOth Str~1 thence run
ea.t.rly along S. W. 10th str.et ta 8. E. 6th AvWlue CU.S. .1-
Northbound) J thence run northerly alane S. E. 6t.h A~WI to t.h.
.out.h lot lln. of Lot 19 of Black 118 of TDNn of Lint.an Plat,
thanc. run....t.rly alano the .a.terly proJectton of .aid 'auth
Jot line of Lot 19 of Block 118 of TOMn of Lintan Plat to the
west right-of-way of the Intracaata. Nat.rNaVI t.hence run
northerly alone the west right-af-NaY of the Intreeaatal Naterway
to t.he south right-of-w.y line of S. E. lat Stre.t, thence run
easterly alang.th. .ast..rly projection of the eauth riOht-of-way
line of S. E. 1st Str..t to the ....st rioht.-af.....V line of AlA..
thene. run northea.terlv along the w..t right-of-waV Itn. of AlA
to the .a.t.rly projection of the north right-of-way lin. of
Lawry Str.et; thence run w..t.rly alone the ..aterlv projection
af, . and the north right-af-way line of, Lawry Str..t to t.he w.at
right-of-way ltn. of the Intracastal Waterway. th.nc. run
northeast.rly along the w.st right-of-way line of the Intraco.tal
Waterway to the c.nterline of the right-of-w.y of N. E. l.t
Court, th.nc. run w.sterly .long the c.nterline of the rieht-af-
way of N. E. 1st Court' to the w.st rioht-of-Nay I1n. of N. E. 7th
Avenue, thence run south.rly .long the w..t right-of-w.V line of
N. E. 7th Av.nu. to the south lot 11n. of Lot IS of Block 115 of
Town of Linton Plat, thence run we.t.rly along the Nesterly
projection of the south lot 11ne of Lot 15 of Block lIS of Town
of Linton Plat to N. E. 6th Avenu. CU. S. .I-Northbound). thence
run northerly along N. E.-6th Avenue to N. E. 8th Street, thence
run north..st.rly along Feder.l Highw.y CU. S. .1) t.o Gulf.tr.a.
Boulevard; thence run westerly on Oulfstr.a. Boulevard to N. E.
2nd Avenue, thence run southerly .long N. E. 2nd Avenu. to N. E.
8th Str.et, th.nce run westerly a10no N. E. 8th Str..t to NOrth
Swinton Avenu.. th.nce run southerly along North SWintan Avenue
to point· of beginnine.
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RESOLUTION NO. 47~87
A RESOLUTION OF 'nIE CITY COUNCIL 0' THE Ct'1'! OF f>ELMY
BEACH, FLORIDA, DECLAaI'NG CES'tTAIN AREAS AS BLIGH',n:n OR
SLUM AREAS AS OEPINED IN CHAPTER 163, PART III, FLORIDA
STA'rtnES Oil AJit ~AS IN WBICK 'rHE1\E IS ~ SHORTAGE OF HOUSINC
AFFORDABLB TO RESIDENTS OF LOW OR MODERATE INCOME
INCLUDING THE ELDERLY I OR A COMBINATION THEREOF;
DECLARING A HEED FOR UItAB!LITA't'ION OF SUCH AREAS,
AKltlþING 'BE . ~OUNt1A1UES or rHE COMMUNITY REDEVELOPMENT
~!A, PROVIDtN~ FOR AN ErrEC~IVE DATE.
WHEREAS, the c\ty Council of the City of Delray Beach, Florida,
ðic1, on May 14, 1985, adropt It.solution No.. 32..&5 finding tbat one or
InOJ:. .lum an4 bli9ht.~ âr..s a8. defined in Florida SQtu~eB Section
163.340 or area. in which there i. . .hortage of bousin9 affordable to
resid.ent. of low or ~odérate inoOtft., including the elderly, or a
combi~.~ton thereof, e~i.t. in ~he City of Delray Seach, and,
WHEREAS, the City Council of ~he City of Delray Beach, Florida,
has found and declared in Resolution No. 32-85 that A n..d for
rehabilitAtion, conservation or redevelopment, or a combination thereof,
11 nece..ary in .uoh a~ea8 in the inte~.'t of th. public he.lth, safety,
mo~al., or welfare of the rGei4ent8 of the City of Delray Beach, and,
WHEREAS, the C1~y Council of ~he City of Delray Beaoh, Florida,
h.. fou~d and declared in R8BOlu~iQn No. 32-85 that there ia . need for
a COmmunity Reðevelopment Aqenay to function in the City of Del~ay BeaCh
to carry out the CQmmun1~y Redevelopment purposea of Chapter 163, Part
It I of the Florida St.~utes, and,
WHEREAS, ~he City Cou~eil Of the City of Delray Beach, Flo~iaa,
by Ordinance No. 46-85, aðopt.d June 18, 1985, did oreate a Community
R.edevelopment Agency as prov1d.d in Florida Statutes Seot.ion 163.3561
and,
WHEREAS, on Dece~r 23, 1986 the Bcarð Of County OOmmia.ionere
of Palm Beach County passed anå adopted Resolution No. R~e6-2003
4el.gat.inc¡ the exercise of 'the pcw.rs conferred upon tb. County by
Ch.pter 163, Part III, Florida Statutes, within tn. boundaria. of tne
City of Delray leach to ~he qovernlng body of ~ Ci~y of Delray Beach
e~let.ly a~ð ~thcut limita~ion: a~df
W1ŒUAS, the 'Delray Beach Communi~y Re<"8velopsnent Ageney has
lurveyed the condit.ion of a 103 acre area w1:th ÌJ'\ the City of Delray
Beacb and described more fully in Appendix A of tht. resolut.ion and has
determined that wi~hin the a.rea there exists su"h eoncU.tions as would
reaaanëibly qualify t.he area a.s Blum or blight.ed .. defi1\eð in Florida
Statu~e8 Seo~ion 163.340, and,
WBBIŒAS, the Delray Beach community Redevelopment:. Agency has
aurveyed 1:he condition Of a 103 acre area w1..i:.h Ln the City of Delray
Beaoh aa described more fully in Appendix A of thi. %..Clution, ~4 has
ðGtermtned th&t wi~in the area there is a need for ~he rehabili~ation~
con.e~va~ion, or redevelopment, or A oombina~ion thereof, of suoh areas
in the intereat of ~be publie health, safety, morale, or welfare of the
~e.iden~. of ~he City of Delray Beach, Florida: .nd,
WHEREAS, the City Council of the City of Del%ay Beach, Flori4a,
hereby find. that one or more 81111\\ anð bl:Lqht.ed. area., as ðeflned in
Florida S~atute Section 163.340, or area. in whieh there 1. e Bhor~aq8
of houøinq affordable to residents of low Dr moð.erate income iDclUd1nq
the elderly, or a ccmbinat.lon t.hereof, exi8tll in the 103 acre area
w1th1n the Ci~y of Delray Beach as described more fully in Appendix A of
thi. r..olu~1onJ and,
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WHEREAS, the City Council of the City of Delray Beach, Florida,
finds that a need for rehabilitation, conservation, or redevelopment, or
a combination thereof, is necessary in such areas in the interest of the
public health, safety, morals, or welfare of the residents of the City
of Delray Beach,
NOW, 'HF-REFORE, BE IT RESOLVED ~Y THE CITY COUNCIL OF THE CITY
OF DELRAY BEACE, FLORIDÀ, AS FOLLOWS:
Sectien 1. That the area of the City of Delray Beach more
fully describeð in Appendix A is hereby found ånd declared to be a slum
and blighted a.ea, as defined by and within the purposes and intent of
Florida Statut£s, Chapter 163, Part III.
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Section 2. That the rehabilitation, conservation" and
redevelopment, or & combination therecf, cf such area is necessa~· in
the interest of the public health, safety, morals, and welfare ot the
residents of the City of Delray Beach.
Section 3. That the Delray Beach Community Redevelopment
Aqency as constituted by Ordinance No. 46-85 is authorized to carry out
the conununity 'redevelopment purposes of Chapter 163, Part III of the
Florida Statutes in the area described in Appenøix A.
Section 4. That the boundaries of the community redevelopment
area as established in Resolution 32-85 as amended by Resolution 9-86 be
further amended to include the area described in Appendix A of this
resolution.
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Section 5. That this resolution shall become effective
immediately upon its passage.
PASSED AND ADOPTED in regular session on this the 24th day
of November , 1987.
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MAYOR
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ATTEST:
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Reso. No. 47-87
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APPE~~IX A TO RESOLUTION NO.
47-R7
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Description of the area proposed for inclusion in the Community
Redevelopment Area.
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Beginning at the southeast corner of Lot 10, Block 1:5 of the
Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm
Beac~ County Records, thence proceed northward along the east
line of said Lot 10 and the northerly projection thereof to the
southeast corn.r of ~ot 38 of The Hofman Addition, as recorded in
Plat Book 5, Page 3, Palm Beach County Records, thence proceed
easterly along the easterly projection of the south line of Lot
38 ,to the southeast corner of :"ot 49 of said Hofman Addi tion,
ther.ce proceed northerly along the east line of Lot 49 and the
northprly projection thereof to the northeast corner of Lot 44 of
saiC'. Hofmau Addi tion, thence proceed westerly along the north
·lin. of Lot 44 and the westerly projection thereof to its
int,rsection with the southerly projection of the east property
line of Lot 14, McGin:ey and Gosman's Subdivision, as recorded in
Plat Book 2, Page 81, Palm Beach County Records, thence proceed
northerly along the southerly projection of the east lot line of
said lot 14, the east lot line of said Lot :4, and the northerly
projection of the east lot line of said Lot 14 to its
intersection with the north line of the Sophia Frey Subdivision,
as recorded in Plat Book 4, Page 31, Palm Beach County Recoras,
thence proceed easterly along the north line of said subdivision
to the southwest corner of the Martell Arms Plat, as recorded in
Plat Book 31, Page l33, Palm Beach County Records, thence proceed
northerly along ~he west line of said Martell Arms Plat to the
northwest corr.er 0: saiå Martell Ar:s Plat. thence proceed
easterly along tne north line of said Martell Arms Plat to the
west line of N.~. 8~~ Avenue. thence proceed northerly along ~he
west line of N.~. 8th Avenue to the north line of Kenmont
S~bd1v1sion, as recorded in Plat BOOK 20, Page 65, Palm Beach
County Records, the~ce proceeå easterly along the north ¡ine at
said subdivision to ~~e west line ot the Denery Lane Subdivision,
as recorded in Plat ~vok 23, Page 238, Palm Beach County Records,
thence proceed north~~ly along the west line of said subdivision
to the south line of :~e La Hacienda Subdivision, as recorded in
Plat Book 15, Page t, Palm Beach County Records, thence proceed
easterly along the south line of said subdivision to the west
right of way line of the Intracoastal Waterway, ~hence proceed
northerly along the west right of way line of the Intracoas~al
Waterway to its intersection with the south town limits of ~he
'Town ct Gulfstream, thence proceed wes~erly along said south town
limits to the east line of Delray Beach Estates, as recorded.in
Plat Book 21, Page 13, Palm Beach County Records, thence proc~ed
northerly along said east line to its intersection with the e~st~
right of way line of State Road 5 (U. S. #1) , thence proc'!ed
southerly along said east right of way line to' the southw4st
corner of Lot 10, Block 115 of the Town of Linton Plat, as
recorded in Plat Book 1, Page 3, Palm Beach County Recor,ls,
thence proceed easterly along tne soutn line of said Lot 10 to
the southeast corner of ~ot 10, ar.d the point ot the beginninl·
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APPENDIX C: CO
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Ìi)OJECTS
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# 1.1: Downtown Core Geographic Area of Exception
Backaround
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In Novemb.er, 1990, the City of Delray Beach Planning Director made a presentation to the
CRA on the 1990 Countywide Traffic Performance Standards Ordinance and its effect on the City.
Under the ordinance, the City may not issue development orders for a proposed project if it adds
traffic to county or state roadways, within its radius of influence, which causes total t~affic to exceed
the adopted Levels of Service (LOS). The ordinance does; however, incluç!( provisions for
"Geographic Areas of Exception (GAE)", which allow the County to set new lo~er l\yels of service
for roadways which will be impacted by development within the GAE. This"1 .-1' development
within the GAE is then allowed to increase traffic on area roadways beyofl . '" Iy permitted
levels. 0 ~':>-,
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The City of Delray Beach proposes to establish a Downtovvñ .' GAE in older t6 foster the
continued development and redevelopment of the downtown aré~{I.}!n es Æ;Jce, th81\.evitalization of
the downtown is dependant upon the CitYs ability to attract people tCf1:!1e a(~" 0 :f~, to work and to
shop. The establishment of the GAE will further the CitY~,,: ...., 'ng "c 1ncreases in traffic
which will undoubtedly occur as a result. Without the GA '-:. . . ". evelopment within the
downtown would be permitted. Due to its tremendousrffñØlJ ~verall redåvelopment efforts, the
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CRA agreed to fund the preparation of the GAE a "licatio"~ e1t~~,application fees.
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The territory within the GAE incluçes the 0 zone~~istrict, west of the Intracoastal
waterway, as well as the Old School Sqp.'~·,Histori . Jlet, immediately to the west of the
CBD. On March 27, 1991, the CRA QØt~d a worksho e Old School Square Gym for the
purpose of reaching a consensus a~1o Wi CBD development scenario to be used in the GAE
application. During the course 9~.tQ~ day, group was presented with three development
scenarios. The three scenario 1itstedJn order reasing overall intensity were referred to as 1)
Laissez Faire, 2) Urban Viii }." Urban -it enter. Based on a series of presentations,
evaluations and discussions, the g rrived at a consensus that the Urban Center Scenario was
realistic and generally d .' ble but Id be modified in order to protect the "Village by the Sea"
character deemed esse elray ..' chis preferred identity and quality of life. The final
proposed development sc posite entitled "Village Center".
} . potential and ultimately the tax base of the downtown core
unity to attract major development to the downtown which may otherwise
itt ue to traffic considerations
! ' ovide o. 0 unity for economic stimulation and investment in the CBO
,. :~tabli , ment of the downtown as an employment center
Det .. j~ the appropriate intensity of the Downtown Core
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Proiect DescriDtion
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~ Successful completion of the GAE Application in 1991
~ Approval of the GAE by the Board of County Commissioners in 1992 with amendments to
the CountYs Comprehensive Plan
~ Amendment of the CitYs Comprehensive Plan to accommodate reduced levels of service on
specified roadway links
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Proiect Participants and Administration
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~ The project will be jointly administered by the City of Delray Beach and the CRA
~ Other participants may include, but are not limited to, Project Consultants, the County
Commission, DDA, Reviewing Agencies, and Workshop Participants
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FundinG Sources
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~ The CRA will provide the funding to retain consultants and allocate sta!f tim~lto prepare the
GAE applic~tion . . .. J~!~-~""" \
~ The CRA will provide funding for application fees ' >-1;~t\f~, .
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Proiect Schedule
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~ Completed in FY 1991/1992
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NOTE: This project became known as the TransportatiQ!i?liJ,,-,,,., - x ,.' - lion Area (TCEA),
which was completed by the City and CRA in conjunctmlJ. . .,,:f16rida Department of
Transportation. It provides relief from traffic concur~9f1i~ ~- j[e'tn.".nts for thè downtown area. The
TCEA was adopted in 1995. ~~ ,'>, -'%~~.
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# 2.1 : Bankers Row Project I
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Backaround
enue is a downtown residential block which
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er the auspices of the Historic Preservation Board and the
ment, plica' n was made to the Florida Department of State, Division of
ce -~ r a Pre ryation Grant. A $24,000 planning grant was awarded by the State
to a ~1:ate a matching share toward planning of the project. The Project
"'~ . ated components. These are: a study and evaluation of the historic
r's Row block and an analysis of the architecture of its structures; the
i'> tre < ape design plan, architectúral design guidelines, and lot development
. cråation of a planning program for the private property owners of Bankers Row.
w culminated by the preparation of a document entitled "BANKERS ROW - A
..', RE-USE & RESTORA TION".
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Following publication of the Plan, the property owners formed a Homeowners' Association
and sought funding for the project, including street improvements and a parking lot from the City.
The City was unable to fund the project and subsequently the property owners requested the same
from the CRA. In 1992, the CRA, City and Homeowners' Association adopted an Interlocal Tri-
partite Agreement in which the Property Owners would fund $32,500 for the project, payable over 10
years; the City would fund a new water main; and, the CRA would fund the construction of the
parking lot and the balance of the street improvements.
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The CRA completed the Banker's Row parking lot in March, 1993 and the design for the
street improvements was completed in October. It is anticipated that the remaining improvements
will be completed in FY 1993/1994. The Property Owners will pay 25% of the cost of the roadway
improvements, up to a maximum of $32,500 through a property assessment district.
Prolect Obiectives
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~ Preserve the historic structures "
~ Revive the historic character of Bankefs Row -ù~.~
~ Improve and enhance economic conditions through some appropr~ate" '\onversions of
individual properties to home occupations or nonresidential use A~t_ t~~
~ Spin-off private redevelopment on adjacent blocks :1~:~~¿$;~f:,<~~ --:""
Prolect DeSCril!tion· 'P"
~ The City shall initiate the appropriate amendments to .m-\çom ". . ensiv~)¡lan and Land
Development Regulations in order to accommodate the Prð!}ram {!-~. ,d1.1f"-
~ Formation of a Banker's Row Neighborhood Ass9cr-, " , v~" es¡'q~ts
~ Creation of a property assessment district by the Ci ~_;.,rãys from the property
owners to reimburse the CRA ,,1. "1{.~'¡{~'i. --,<
~ Project includes Streetscape and Parking L .~ impro nrS4!!9-luding acquisition of parking
~s~ ,
~ Individual property improvements will be . in acc J-~dance with Master Development
Plan, at the discretion and timing ~ß prop wn~~; however, the improvements are
required at the time of changin ¡!' m a single fa . "B~r home occupation use to any other
category of use
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~ The City of Delray is res po ' Ie for overall implementation of the Program
~ The CRA shall, tn h an ag . ent with the property owners, take the lead and contribute
funds toward imp _~' tion 0 ~é streetscape/parking lot improvements in accordance
with the Master Pla~ -.' ?
~ In additi ~ _., '" aying , . f the streetscape costs, including engineering, the property
owne há .. , ø respo sible for improvement of their individual properties
~ The' I " .servati )fBoard shall review improvements or modifications which affect the
. :~es
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~ " ' RA· all provide the funds for parking lot property acquisition and improvement costs
~ The ~,' shall provide a portion of the funds for implementation of the streetscape
impr ements
~ The property owners, through a property assessment district, shall provide the remaining
portion of the streetscape improvement and engineering costs
~ The property owners shall be solely responsible for any improvements made to their
individual properties
~ Property owners may also qualify for participation in the CRA1s Subsidized Loan Program,
Business Development Program or Historic Facade Easement Program
~ The City of Delray Beach will provide funding for the design/construction of water supply
lines
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~ Parking lot site was acquired in FY 1991/1992
~ Construction of parking lot in 1993 (Complete March 1993)
~ Formation of Property Owners Special Assessment District in 1993
~ Construction plans for street Improvements were completed in 1993
~ Completion of streetscape improvements in 1994
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Pineapple Grove Main Street Program
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This program represents the implementation of severé:~1(str Jes contained ¡'within the
~ineapple Grov~ Neighborhood Plan. . It is al~o an. expansion ef~p~~vio ~,ity ant,CRA efforts to
Improve the environment along the major retail corridor of t~e NelghbQrho08f?:J,J1,ltJgust, 1989, the
City Commission approved a streetscape program for )~r' "'. ve f/(liy. Improvements
included the creation of landscape intersection nodes, stree é'sidewalks, and four
pods to accommodate previously commissioned s~' ¡;~~_
In 1990, as an outgrowth of the CitYs p ram, the R~nded the preparation of a
prototype design for the 100 block of Pinea pie Gr Way, in uding additional streetscape and
facade improvemen~s. When the block d . - was c ~~ted$> .reliminary estim~tes indicated that
the overall construction cost of the prot} Improvements~uld be very expensive. Although the
neighborhood was generally enthusia" ' upportive of the plan, the downturn in the economic
climate of the early 90's made~"ff:.ïmpos . ~ iI. for the CRA to secure the required financial
commitments from the busines "rs witf:;tin the 1 '. ,', ck to participate in the program. Subsequently,
the CRA was forced to put th ~_..hOld. f
In 1992, the City·· e~tscape improvements to Pineapple Grove Way. These
improvements provide th poi evitalization of the corridor. Another major improvement
to the area was made i ". ' the parking lot for the Publix Shopping Center was
reconstructed. . new ~~~. n i roved the internal traffic circulation system and added a
significant a . u . ew 1:".ÿaPing.
, . Ie Grove Main Street Program was born. Under a tremendous
.' support and dedication to the program, the City was awarded the Main
by r State of Florida. Under this program, the effort to revitalize Pineapple
. e surrounding area has gained new momentum. Accordingly, the CRA's
elopment will be one of support and assistance to the local Main Street
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The Main Street Program, organized in 1994, has been operating under a 501 (c)(3), non-
profit corporation. The group has accomplished several important plans and programs which
include the establishment of committees to deal with organization, design, economic restructuring,
and marketing. In 1996, the organization held a weekend charette and developed the first draft of a
street master plan for NE 2nd Avenue. The organization completed a master plan for its district in
1998 which was approved by the CRA and the City. The plan calls for significant beautification,
construction of parking lots, and infUl, mixed-use development. Other accomplishments include
additional art in public places, new street signs, special events, and more.
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In 1996, the City of Delray Beach established its second police substation, locating the
station adjacent to the Pineapple Grove Main Street office on NE 2nd Avenue.
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Together with the CRA and others, the organization proceeded with the first phase of its
master plan to construct the entry to the district at NE 2nd Avenue and East Atlantic Avenue. In
2000~ Pineapple Grove Main Street held the ribbon cutting for its first entry arch located near the
intersection of NE 2nd Avenue and East Atlantic Avenue. In 1999, the City and CRA approved
creating an assessment district on NE 2nd Avenue to assist in funding the comple~~~peautification of
NE 2nd Avenue. The City and CRA will fund approximately 2/3 of the cost and ttt~e assessment
district 1/3 of the cost. .f/;ili:· . \
Future implementation of the Pineapple Grove Main Street plaJ'! will include w',::.~ ~ith the
City and CRA to construct additional public parking. ~::,-¿L ~'r"\
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Proqram Obiectives "'\':", ,.~~". ,}
~ Physical and .economic revitaliza!ion of th~ ~ine~Pfi~i~~¥~þ~~l~ sr~f area
~ Create an epicenter for future Spin off revitalization eff'2tfS'WJtt1l e neighborhood
~ Develop street beautification on NE 2nd Av~e~;rf' '\1:) ,
~ Develop a special identity for the area inclu~ing en .ríaY'§~lQ the district
~ Develop public and private parking to assi,with the ~rict'.'growth .
~ Acquire strategically important properties to : ourage "xed-use development, particularly
housing \, í~'t;,~.. J
~ Review land development codq"" make chan ~"'~~hich will encourage redevelopment
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Proaram DescriDtion ,,,'1.,,,,:-1,,
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The Program may incl
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to, the following elements:
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~ Support of Pineð, . " Street organization and its master redevelopment plan;
~ CRA assistance t ':~ þove 9 :..: dp to develop and implement a marketing program to
attract new busine· s 1\ rê compatible with the overall theme of the area (i.e. arts,
crafts, e 'inmen~!f' d. e , ation). Securing tenants for large vacant buildings shall be
1st p . .
Dev a plan ....,t' relocate nonconforming or incompatible land uses;
~6et its expansion needs or find suitable site for relocation. (Note: if
n assist in finding a suitable replacement for existing space);
ork w .~~~the ;,," èt Office in its relocation or expansion efforts;
velop ~rogram to increase security;
. lop ~rogram to reduce loitering and assist the homeless;
De , " /~ Beautification Plan for the 1 st four blocks of Pineapple Grove Way, including
additi· al streetscape and facade improvements;
~ Develop a funding mechanism to pay for both capital improvements and operational costs of
those improvements. Create a business improvement assessment district;
~ Acquire key properties for redevelopment;
~ Work with Pineapple Grove Main Street, Inc. to develop and implement a plan for
public/private parking.
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~ Pineapple Grove Main Street, Inc. shall generally administer and coordinate the program
~ The CRA may participate through the utilization of its unique powers and financial resources
as appropriate for selected elements of the Program
~ Other participants may include, but are not limited to, the City of Delray Beach, the Chamber
of Commerce, the DDA and Other Private Property Owners 4! f\_
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Funding Sources ~:;~:~?"Þ\
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~ The Pineapple Grove Main Street organization has received ,~,,-ª.rs of funding corWfilitments
from the City, CRA, DDA and local citizens ¿;:( ~'\~~J:J_ \
~ The CRA Subsidized Loan Program is available to ,r pr~,)lide '<'~itiona{~'assistance to
businesses and residents who wish to improve ext~rior cond1tigns 'o'~º~irproperty
~ The CRA will fund the first gateway to the distrjðf~~~~i¡~~" <'~7, enù~' and East Atlantic
Avenue, limited to street improvements 'r-'ii,¡~¡';'- '. "~~"" ' "
~ The CRA and the City will fund the develop, en~"' '.~ 'Î&-Qrivate parking lots
~ The CRA will acquire key properties an ¡ resell t vè'tpp'ers in order to accelerate
redevelopment ,>c'
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Proaram Schedule
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epared "J-J' u ~ '~mid 1992 to determine the feasibility of rehabilitating the
ossib ~ inclusion of a stadium court to host the Virginia Slims Tennis
rt of the~tudy, the CRA also held a 1-day Workshop to build a consensus
- . rid how the tennis center property should be redeveloped. This
succ s with over 60 people attending. The consensus of the group was that
jned at its present location and be rehabilitated and expanded to include a
_pth facilities.
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Backaround
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s of CRA's study and workshop were presented to the City Commission and the
City made tH v ecision to rehabilitate the Center. Recognizing that this project clearly achieves
several majór CRA goals including the elimination of blighted conditions, and the creation of
significant spin-off economic benefits in the CRA area, the City requested that the CRA participate in
the project's capital funding. The CRA obliged with a $481 ,000 commitment which may be paid over
a 15-year period.
In 1992, the City commenced construction of the first phase of the Tennis Center including
the 3,000 seat stadium court. The upgraded Center includes adjacent residential property to the
west and the old fire station # 1 site. This increased land area gives the property a corner location
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on N.W. 1st Avenue and West Atlantic, and provided the necessary space to add a new proshop,
additional courts and the stadium court. Additionally, the new design greatly improves the overall
visual appearance of the center with better linkages to Atlantic Avenue and increased landscaping.
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In March of 1993, the Virginia Slims of Florida held their national women's tournament. With
over 80,000 people attending the event over the two-week period of the tournament, this event set a
record in women's tennis.
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~ Upgrade of the existing Municipal Tennis Center .$;;1,,.., \
~ Add the necessary facilities to host the Virginia Slims Tennis T ourná'ìTtèltt~~pther events
~ Provide a positive influence on West Atlantic Avenue redevelc:pment '~~~1-,\ ._
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Proiect Description .< e~~t*~~-;,~>,_ \ ./'
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~ The project elements includes facilities design, aCqUisiti~n"~f~-&~d;~~l P(Ø~~rty as needed
and construction of the project ,A'>.~~=_:.~j¡?~¥~f~~'<~· ~~~t{'
Proiect Participants and Administration ¡/¥!$'J':ï'k7:tt4~"" ·_~z,;:
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~ The project is the responsibility of the City
~ Other participants may include, but are not
Construction Contractors
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ited to, ti CRA, Design Professionals and
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Fundlna Sources
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Proiect Schedule
~ The City shall have pri.
~ The CRA will provide
a lump sum payment or a
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re onsibih funding the improvements
o '(the capi funding for construction of the project either as
y èontribution toward the project's debt service
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. . SC'hool Square Cultural Center
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Beginning in late 1985, a group of concerned citizens established a task force to save the old
schools, which the Palm Beach County School Board had planned to abandon. The 4 acre site of
the Delray Beach Elementary School, containing two school buildings, a 350 seat auditorium and a
gymnasium seemed to have potential, not only as an important historic preservation project, but also
as an arts center benefitting Delray Beach and the surrounding communities. The Historical Society
established a committee to establish the possibility of restoring all or a portion of the school complex
and to locate a historical museum within the school.
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The committee, now Old School Square, Inc. reported its findings to the City Commission in
1987 and recommended the restoration of the facility and development of an art and cultural center.
A professional feasibility study was prepared and determined the project to be feasible. Hence,
engineering surveys of the existing buildings and building plans were prepared and the restoration
project began in 1988.
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The on-going restoration and development of the 6.6 million dollar center has become a
source of pride to Delray Beach residents. Serving as the centerpiece of the Atlantic Avenue
Business Corridor from Interstate 95 to A-1-A, the center which opened in .199Qi"ow includes a
museum, gift shop, community meeting room and a visual arts center/gallery. ''it
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In order to complete the first phase of the 1926 building, which fro
Old School Square requested a $435,000 loan from the City in 1992 tO,supplement a "ation by a
foundation. The City agreed with the understanding that the CRA¡~ºuld guarantee t ,:_~,f6an. In
addition to this loan guarantee, the CRA also agreed to mal<J~"~rr'-. ,Qebt serv~ce payments if
requested by Old School Square. In the fall of 1992, the first phas~~of reñ\)í?tions !l,ßre completed
on the 1926 building, which now hosts theater productions, concert$~:-baIlEr\1~D.s,tëlasses.
,~iè:~;·,.. ft:~ié~", \,}W;,/
The loggia and bandstand of Old School Square, the 1- :... ·'~t.tJe project, is planned for
outdoor exhibits, concerts, festivals, large parties, a,@d~- ':," "'-f!,the park'if type entertainment for
the enjoyment of the entire community. ~?' "~~~\. _
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~ Establish a strong cultural iden .
~ Promote Arts and cultural acU ~,i .' ,a means to foster increased economic development
within the city center ~:f~J.>~ \.
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~ Provide a cornerstone Jór th~ revitali "and redevelopment of the Atlantic Avenue
Business corridor and' . . pie Gro. Neighborhood
~ Create an attraction for boo urist and residents to the area
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Proiect Obiectives
Proiect Descriotion
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f 1913 . 001 ding as museum and visual arts center
; 1926 s'~ool building as a performing arts center and theater
, he gymJásium as a meeting hall
·~.,f' outdoor exhibits, concerts, etc.
.·ti Administration
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, ion and coordination of the project is by Old School Square, Inc.
Oth ,;.. icipants in the project include, but are not limited to, the State of Florida, the City
of D ay Beach, the CRA, Delray Beach Historical Society, Private Citizens and
Foundations
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Fundina Sources
~ The City of Delray Beach has contributed the bulk of the money toward this projects with
over 4 million dollars invested
~ The State of Florida, Division of Cultural Affairs has contributed funds toward the project
~ Private donations have also been an important source of funding
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~ The CRA will provide funding sources through loan guarantees, loans or grants for
restoration of the 1926 building as an important component of the center
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~ The Museum Building restoration was completed in 1990
~ The Gymnasium building restoration was completed in 1991
~ Restoration of 1926 building was completed in 1993
~ The loggia was completed in 2002
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# 2.5: Blocks 28 & 36 Redevelopment
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Background , 1~~1,¡<_
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. The program for Bloc~s 28 and 36 involves the redevelõpfh~tnt ò~~ fro~Jge alon~ W~st
Atlantic Avenue for commercial purposes, and the develop~tl~nt of the·{@ar 6f-~H!tº:~R' 36 as residential
multi-family. The CRA acquired the majority of the subject:¡t",~~\Q~~!.the ~riod between 1998
and 2000. ~" ~~~;..,' . '·:>:.f:"2~tf¡c>..
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In July of 2000, four groups submitted evelop '. > t :\p0sals for the CRA-owned
properties, in response to a Request for Proposals P). All 0· e résponses proposed mixed use
(commercial & residential) development on he site. ~e of thi projects proposed a combination
of retail, office, and owner-occupied resi - - i units. :~9-!!gJi'proposal, which included Mt. Olive
Baptist Church as a partner, contaL ~ ommercial_uses combined with a rental housing
component. After several public heª~s . workshop meetings, the CRA selected a project that
includes three-story commercial ,~1biri'gs on' - "frontage of Blocks 28 & 36, and owner-occupied
townhomes on the balance o~,.J¡f~ ck 36: The pr l8al was submitted by Atlantic Grove Partners,
which is comprised of a local p e· e\{elopme't company (New Urban Communities) and two
local nonprofit agencies (the Delr· each Community Development Corporation and the TED
Center). Parking for t'~'-' roject is mbination of surface lots, two-car garages for the
town homes , and on-stree -. > . alon antic Avenue, NW 3rd, 4th, and 5th Avenues, and NW 1 st
Stre.et. The on-street par .~. . 'III be available to the general public.
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~ ~ . " lighted conditions
~ 'Provl - - f· .ousing opportunities for the area
..~:t rovisio ,f a Itional parking for the surrounding area, including the Tennis Center for
. cial e nts
~ R al the historic significance of the area, particularly to support the West Settler's
Hist . istrict
~ Rede I elop the blocks to take advantage of the important location relative to several public
institutions, including the Tennis Stadium, the County Courthouse, the Police Station, and
the Fire Station
~ Increase the economic vitality of the West Atlantic commercial corridor through the attraction
of new businesses
~ Increase job opportunities, particularly for the residents of the surrounding neighborhood
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~ The redevelopment project area includes property acquired by the CRA and located within
Blocks 28 and 36. Future phases may include properties within the same blocks or on
adjacent blocks
~ Expansion of parking facilities
~ Possible_construction of additional features or expansion of the monument area to
commemorate the historical importance of the area
~ Development of a mixed use project with emphasis on retail on the ground floor and office
and/or residential on the upper floors, and residential uses to the rear of the Block 36
frontage
~ The provision of adequate parking to serve the redevelopment project. Wherever possible,
shared parking should be encouraged
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Proiect Description
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~ The selected development group will take the lead role in obtaining the necessary financing
and governmental approvals to complete the project
~ The CRA may participate through utilization of its unique powers and financial resources as
it deems appropriate to implement the project
~ Other participants in the project may include, but are not limited to, the City of Del ray Beach,
West Atlantic Redevelopment Coalition, the Delray Merchants Association, EPOCH, LlSC,
the churches, and the private sector
~ The church shall take the lead role in any redevelopment effort related to church expansion
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Project Participants and Administration
Fundina Sources
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» Funding of the land acquisition and preparation of the property for sale to the developer is by
the CRA.
» Construction of the project is to be funded by the developer
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# 2.6: Block 60 Redevelopment
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Prolect Schedule
» Completion of demolition and land clearing will occur by summer 2001
~ The property was sold to Atlantic Grove Partners in October 2002
Backaround
This Block lies in a strategic location between two major redevelopment projects on
Atlantic Avenue, the Municipal Tennis Center/City Hall and Old School Square. With the large
sums of money involved in these two projects, it is imperative that development in this block
does not detract from the overall redevelopment effort. The overall appearance of the block has
been a blight to the area. Existing land uses consisted of poor quality residential duplex units,
vacant commercial structures, vacant property, and several single family residences, some of
which are currently in a state of severe blight.
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Given the prime location and condition of existing property, this block is ripe for
redevelopment. In fact, one of the single family residences, "Tarrimore", was acquired for
conversion to a high-quality restaurant,-"Damiano's". In 1992, the owner of the Tarrimore
property approached the CRA and suggested a redevelopment concept for the northern part of
block 60. This concept included the construction of a parking lot and the conversion of one
blighted single family home to commercial use. It was also anticipated that the parking lot
would service the three remaining single family homes on the block if they should convert to non-
residential uses.
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In 1993, the CRA further developed the concept for the Block. The State of Florida
awarded the City a $242,800 UHistoric Preservation GrantU to rehabilitate two historic structures
which were originally located in the Hillcrest Neighborhood of West Palm Beach. These two
historic structures were moved to their permanent site fronting Swinton Avenue in June 1994.
One of the structures is currently utilized for the CRA's Offices and the other was sold to the
City of Delray Beach who leased it to the State Preservation Office. Having additional
governmental uses in close proximity to the City Hall complex is consistent with the Cit}ls plan of
a governmental campus.
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The original concept fits very well into an overall redevelopment scheme for the block.
This scheme contains a commercial or governmental use(s) fronting on Swinton Avenue, a
common parking lot in the center of the block, and non-residential conversions of single family
houses surrounding the parking lot. Another advantage of this concept is that the parking lot
would also be used to meet the demands for Old School Square, the Community Center and the
Tennis Center.
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In 1996, the CRA completed an additional parking lot, adjoining the first lot, completed in
conjunction with the restoration of the two historic houses. In addition, the CRA sold a parcel of
land, through the Request for Proposal process, to a developer who, in turn, constructed a two-
story, 6,000 square foot office building. The developer also purchased five parking spaces from
the CRA.
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In 1999, a property owner on the block, Manimal Land Company, Inc., purchased eight
parking spaces from the CRA in anticipation of redeveloping its two lots into a 12,000 square foot,
two-story office building. Another property owner on the block, including Manimal and the restaurant
owner, expressed interest in 2000 in acquiring additional parking spaces in order to expand their
facilities.
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The CRA, in anticipation of the need by property owners for parking, condominiumized
the parking lot. In addition, the City purchased, in 1996, 12 spaces for public use, particularly for
the Tennis Center and Community Center, located on NW 1st Avenue. The CRA expects
further development of the block by conversion of existing residential to commercial uses.
Prolect Obiectives
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~ Elimination of blighting influences
~ Redevelopment of the Block to take advantage of its prime location
~ Increase in economic vitality through attraction of new business
~ Expand the concept of the governmental campus
~ Encourage conversion of existing single family homes to non-residential uses
~ Encourage historic preservation in the OSSHAD zoning district
111
~ Redevelopment compatible with Old School Square, City Hall and the Municipal Tennis
Center
~ Strong pedestrian linkages to Old School Square and the Tennis Center
~ Maintenance of the parking lot to serve the non-residential conversions on the block as well
as the parking demands for City Hall, Old School Square, the Community Center and the
Municipal Tennis Center
~ In addition to providing parking the CRA may offer other incentives to facilitate the
redevelopment effort
~ The two historic houses which were moved from West Palm Beach and located in the
project were rehabilitated and converted for public use
~ Elements of the project include, but are not limited to, planning, marketing, land acquisitions,
demolition, parking lot construction, sale or lease of CRA owned property, including the
historic house, and construction/use-conversions
~ The parking lot constructed on the project may be a municipal lot entirely for public use,
may be sold or leased to private entities or may be a combination of both. Private users
located in the Redevelopment Project may make arrangements to pay the CRA or other
public or private entity a fee to lease or purchase enough parking spaces to meet City
parking requirements for their use
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Proiect Description
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~ The CRA shall be the lead agency in the acquisition of land demolition, parking lot
construction and rehabilitation of the relocated historic houses
~ Commercial conversion of the remaining houses surrounding the new parking lot will be
administered by the private sector and the CRA
~ Other participants may include, but are not limited to, the City of Delray Beach, Chamber
of Commerce, Parking Management Advisory Board, the State of Florida Division of
Historic Resources, West Atlantic Redevelopment Coalition, and the Delray Merchants
Association
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Prolect Participants and Administration
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~ The CRA and others, as appropriate, shall provide the funding for the project
~ The CRA's Subsidized Loan Program, Historic Facade Easement Program and Business
Development Program are available to provide additional assistance to property owners
and businesses within the redevelopment project
~ State of Florida Division of Historical Resources and other public or private sources
dedicated to historic preservation
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Fundina Sources
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Prolect Schedule
~ Planning began in FY 1992/1993
~ Acquisition of property and construction of parking lot began in FY 1994/1995
~ Relocate two historic houses to project and complete historic restoration began in FY
1994/1995
~ Sale of land and parking spaces to developers by the CRA began in FY 1995/1996
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# 2.7 Sea crest/Del Ida Park Neighborhood Improvement
Backaround
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This Historic District, commonly known as IIDellda Parkll, is bounded byN.E. 4th Street, N.E.
8th Street, Swinton Avenue and the F.E.C. Railroad. Zoning in the area includes IIR-1-AA Single-
Family Residentialll , IIRl low Density Residential" and "RO Residential/Officell. land uses are
varied, containing a mixture of single-family and multi-family residences and professional/medical
offices. The Del Ida Park area contains many historic structures and has a unique quality that is
attractive to small scale office users and home occupations. With beautification and elimination of
some of the blighted conditions, expansion of these types of uses in the area is likely. The medical
professionals in the area are particularly interested in participating in the improvement of the
neighborhood.
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The Seacrest neighborhood is bounded by the FEC Railroad on the east, North Swinton
Avenue on the west, 8th Street on the south, and Gulfstream Boulevard and Atlantic High School
southern boundary on the north. The area is quite deteriorated on NE 3rd Avenue north of 14th
Street and contains an infiltration of duplexes and multi-family housing in an area once almost
entirely single family. A significant number of homes are historic. The area north of NE 8th Street
between North Swinton and NE 2nd Avenue is outside of the CRA district but is contained in the
study area as a result of its geographic connectivity.
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In 1998, the City and CRA, together with the two homeowner associations, Seacrest and Del
Ida, completed a neighborhood plan. The plan calls for beautification of streets, the beautification of
the NE 3rd Avenue railroad corridor, the construction of municipal parking lots to relieve the short
supply of parking in multi-family residences, and the conversion of duplexes to single-family
residences. The City, CRA, and homeowners are funding the projects.
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Proaram Obiectives
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~ Implement the SeacrestlDellda Neighborhood Plan
~ Elimination of slum and blighted conditions, particularly on N.E. 3rd Avenue and N.E. 4th
Street, and to prevent these conditions from spreading to other parts of the neighborhood
~ Reduce overall densities in the neighborhood
~ Encourage development and redevelopment on RO zoned property, particularly for medical
offices
~ Promote historic preservation
~ Promote residential rehabilitation
~ Increase employment and business opportunities in the area
~ Improve the street appearance by beautification
~ Increase open space areas, including pocket parks and landscaped areas along the railroad
corridor
~ Promote owner-occupied, single-family housing
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Program Description
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~ Implement the SeacrestlDellda Neighborhood Plan
~ Assist the City and homeowners with the streetscape program
~ Develop and fund a program to convert duplex structures to single-family residences
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~ Acquisition of blighted properties within the neighborhood
Proaram Participants and Administration
11
~ The program will be administered and coordinated by the CRA
~ The City will playa major role in the implementation of the Plan. Assistance will be obtained
from various City Departments, including Planning, Community Improvement, Environmental
Services, Police and Fire
~ Other participants include property owners and businesses in the area
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> The program commenced in FY 1996/1997
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Funding Sources
~ Implementation of certain elements of the plan will be funded through an assessment
district, as well as by the CRA and the City
~ Other sources may include, but are not limited to, the property owners and businesses in the
area and public and private grants
~ The City will provide technical support from various City Departments
Proaram Schedule
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APPENDIX D: LAND ACQUISITION MAPS
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PROJECT #1.1 - WEST ATLANTIC
REDEVELOPMENT PLAN
N.W. 8TH -11TH AVENUES
- MAP A.2-
NOTE: SEE REVERSE SIDE FOR LEGEND
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JANUARY 2005
_ . POTENTIAL ACQUISITION
..
aTY OF DELRA Y BEACH, fL
PLANNING & ZONING DEPAR'NENT
-- DlGffAL BASE MAP SYSTEM --
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N.W. 8TH -11TH AVENUES
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PROJECT #1.1 - WEST ATLANTIC AVENUE REDEVELOPMENT PLAN
A 12-43-46-17 -17 -002-0300
B 12-43-46-17 -17 -002-0300
C 12-43-46-17 -17 -002-0300
0 12-43-46-17 -17 -002-0300
E 12-43-46-17 -17 -002-0300
F 12-43-46-17 -17 -002-0300
G 12-43-46-17 -17 -002-0300
H 12-43-46-17-16-006-0010
I 12-43-46-17 -42-010-0020
J 12-43-46-17-42-010-0010
K 12-43-46-17-42-010-0060
l 12-43-46-17-42-010-0100
M 12-43-46-17 -42-010-0040
N 12-43-46-17 -42-010-0080
0 12-43-46-17 -42-010-0070
P 12-43-46-17 -42-010-0090
Q 12-43-46-17-22-002-0020
A 12-43-46-17 -22-002-0030
S 12-43-46-17-22-002-0010
T 12-43-46-17 -22-002-0040
U 12-43-46-17-22-002-0050
V 12-43-46-17-22-002-0080
W 12-43-46-17-22-001-0101
X 12-43-46-17 -22-001 ~0030
Y 12-43-46-17 -22-001-0060
Z 12-43-46-17-22-001-0070
AA 12-43-46-17-22-001-0040
BB 12-43-46-17-22-001-0080
CC 12-43-46-17-22-001-0090
DD 12-43-46-17-01-004-0253
EE 12-43-46-17-01-004-0251
FF 12-43-46-17-01-004-0252
GG 12-43-46-16-01-004-0060
HH 12-43-46-16-01-004-0030
II 12-43-46-17-01-004-0260
JJ 12-43-46-16-01-004-0100
KK 12-43-46-16-01-004-001 0
LL 12-43-46-16-01-004-0070
MM 12-43-46-16-01-004-0090
NN 12-43-46-17-22-001-0010
- MAP A.2 -
ATLANTIC PINES LOT 30 BLK 2
ATLANTIC PINES lOT 31 BLK 2
ATLANTIC PINES LOT 32 BLK 2
WHIDDENS SUB lOT 6 BLK 6
ATLANTIC PINES lOTS 6 & 7 BLK 2
ATLANTIC PINES LOTS 4 & 5 BlK 2
ATLANTIC PINES LOTS 2 & 3 BlK 2
WHIDDENS SUB LOT 1/LESS E. 10'1 BLK 6
17-43-46, N. 99.4' OF E. 125' OF S. ~ OF LOT 10
17-46-43, S. 44.95' OF N. 144.35' OF E. 125' OF W. 150' OF S. * OF LOT
10
17-43-46, S. 45' OF N. 189.3 OF E. 125' OF W. 150' OF S. ~ OF LOT 10
SUB 17-46-43, N. 101' OF S. 134' OF E. 100.55' OF W. 125' & N. 16' OF S.
150' OF W. 274.18' (LESS W. 25') OF S. * OF LOT 10
17-46-43, E. 49.45' OF W. 175' OF S. 101' OF S. * OF LOT 10
17-43-46, E. 124.8' OF W. 274.8' OF N. 54.35' OF S. * OF LOT 10 (LESS
E. 10' A/W)
17-43-46, S. 45' OF N. 99.4' OF E. 125' OF W. 274.8' OF S. ~ OF LOT
10/LESS E. 10' ST ANY
17-43-46, S. 45' OF N. 144.35' OF E. 124.8' OF W. 274.8' OF S. ~ OF LOT
10
J.G. FEN NOS SUB LOT 2 BlK 2
J.G. FEN NOS SUB LOT S 3,6, & 7 BLK 2
J.G. FEN NOS SUB LOT 1 BlK 2
J.G. FEN NOS SUB LOT 4 BLK 2
J.G. FEN NOS SUB LOT 5 BlK 2
J.G. FEN NOS SUB LOT 8 BLK 2
J.G. FEN NOS SUB W. 20 FT. OF L TS 10 & 11 & E. % OF ABND 20TH ST
ADJ TO L T 11 AS IN OA1343P357 (LESS SA 806 A/W) BLK 1
J.G. FEN NOS SUB LOT 3 BLK 1
J.G. FEN NOS SUB LOT 6 BLK 1
J.G. FEN NOS SUB LOT 7 BLK 1
J.G. FEN NOS SUB LOT 4 & 5 (LESS E. 25' NW 8TH AVE A/W) BLK 1
J.G. FENNOS SUB LOT 8 (LESS E. 25' NW 8TH AVE R/W) BLK 1
J.G. FEN NOS SUB LOT 9 (LESS E. 25' NW 8TH AVE ANY), LOT 10 (LESS
W. 20'), LOTS 11 THAU 14 (LESS W. 20', E. 25' NW)
MONROE SUB N. 51.1 S. 51.1' OF LOT 25 BLK 4
MONROE SUB N. 50' OF S. 100' OF LOT 25 BlK 4
MONROE SUB S. 50' OF LOT 25 BLK 4
N. 50' OF W. 130.44' OF W. ¥2 OF S. % BLK 4, TOWN OF DELRA Y
S. 50' OF N. 100' OF W. 130.44' OF S. % BLK 4, TOWN OF DELRAY
MONROE SUB LOT 26 BLK 4 ,
N 37.5' OF W. 130.44' OF E. 155.44' OF E. % OF S. Y2 BLK 2, TOWN OF
DELAAY
S. 37.5' OF N. 75' OF W. 130.44' 0 E. 155.44' OF E. Y2 OF S. Y2 BLK 4,
TOWN OF DELRAY
S. 67.1' OF N. 142.1' OF W. 130.44 'OF E. 155.44' OF E. % OF S Y2 OF
BLK 4, TOWN OF DELRA Y
W. 76' OF E. 101' OF N. 120' OF S. 140' OF E. % OF S. % BlK 4, TOWN
OF DELRA Y
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S.W. 8TH - 10TH AVENUES
- MAP A.3-
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BELAIR HEIGHTS, DElRAV, lOT 8 BlK 1
BELAIR HEIGHTS, DELRA Y, LOT 9 BLK 1
BELAIR HEIGHTS, DELRAV, LOT 10 BLK 1
BELAIR HEIGHTS, DELRA V, LOT 11 BlK 1
BELAIR HEIGHTS, DELRA V, LOT 12 BLK 1
BELAIR HEIGHTS, DELRA V, LOT 13 BLK 1
BELAIR HEIGHTS, DELRAV, LOTS 14 & 15 BLK 1
BELAIR HEIGHTS, DELRA V, LOT 21 BLK 1
BELAIR HEIGHTS, DELRAV, LOT 22 BlK 1
BELAIR HEIGHTS, DElRA V, LOTS 23 & 24 BLK 1
BELAIR HEIGHTS, DELRA V, LOTS 7 & 8 BLK 2
SUB OF 17-46-43, S. 50' OF N. 2.45' OF E. 147' OF E. Y2 OF LOT 9
SUB OF 17-46-43, S. 45' OF N. 290' OF E. 147' OF E. Y2 OF LOT 9
BELAIR HEIGHTS, DELRAV, LOT B BLK 2
SUB 17-46-43, N. 50' OF S. 300' OF E. 145' OF LOT 9
SUB 17-46-43, N. 50' OF S. 250' OF E. 145' OF LOT 9
SUB 17-46-43, N. 50' OF S. 200' OF E. 145' OF LOT 9
SUB 17-46-43, N. 50' OF S. 150' OF E. 145' OF LOT 9
SUB 17-46-43, N. 75' OF S. 100' OF E. 145' OF LOT 9
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12-43-46-17 -35-001-0090
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12-43-46-17 -35-001-0120
12-43-46-17 -35-001-0130
12-43-46-17 -35-001-0140
12-43-46-17 -35-001-0210
12-43-46-17 -35-001-0220
12-43-46-17 -35-001-0230
12-43-46-17 -35-002-0070
12-43-46-17 -42-009-0020
12-43-46-17 -42-009-0010
12-43-46-17 -42-002-0110
12-43-46-17 -42-009-0050
12-43-46-17 -42-009-0040
12-43-46-17 -42-009-0041
12-43-46-17 -42-009-0030
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BLOCKS 5 & 13 (SW 600 & 700 BLOCKS)
- MAP A.4 -
JANUARY 2005
_ - POTENTIAL ACQUISITION
aTY OF DELRAY BEAOf. FL
P~G ct ZONING DEPARTMENT
-- DIGITAL BASE MAP SYST£AI --
NOTE: SEE REVERSE SIDE FOR LEGEND
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SUB OF BlK 5, DERA Y BEACH, lOTS 12 & 13 BlK 5
SUB OF BlK 5, DERA Y BEACH, lOT 14 BlK 5
SUB OF BlK 5, DERA Y BEACH, lOT 16 BlK 5
SUB OF BlK 5 DERA Y BEACH, lOT 25 BlK 5
S. 100' OF N. 120' OF W 135' OF BLOCK 13, TOWN OF DElRA Y
S. 50' OF N. 335' OF W 135' OF BLOCK 13, TOWN OF DElRA Y
S. 50' OF S. 300' OF E 135' OF BLOCK 13, TOWN OF DElRA Y
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12-43-46-17 -02-005-0250
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- MAP A.5 -
NOTE: SEE REVERSE SIDE FOR LEGEND
ST.
4
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STA TIO,
NO. 1
--
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PROJECT #1.1 - WEST ATLANTIC AVENUE REDEVELOPMENT PLAN
A 12-43-46-16-01-012-0020
B 12-43-46-16-01-012-0030
C 12-43-46-16-01-012-0050
D 12-43-46-16-01-012-0040
E 12-43-46-16-01-012-0090
F 12-43-46-16-01-012-0080
G 12-43-46-16-01-012-0010
H 12-43-46-16-01-012-0260
I 12-43-46-16-01-012-0070
J 12-43-46-17-01-012-0190
K 12-43-46-17-01-012-0180
L 12-43-46-17-01-012-0170
BLOCK 12 (NW 600 BLOCK)
- MAP A.5 -
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W. 50' OF E. 176' OF N. 120' OF S. 140' OF S. Y2 OF BLK 12, TOWN OF
DELRAY
E. 50' OF W. 126' OF N. 120' OF S. 140' OF S. Y2 OF BLK 12, TOWN OF
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E. 51' OF W. 76' OF N. 120' OF S. 140' OF S. Y2 OF BLK 12, TOWN OF
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S. 67.1' OF W. 130' OF N. 142.1' OF S. Y2 OF BLK 12, TOWN OF DELRAY
S. 37.5' OF W. 130' OF N. 75' OF S. Y2 OF BLK 12, TOWN OF DELRAY
N. 37.5' OF E. 130.44' OF W. 155.44' OF W. Y2 OF BLK 12, TOWN OF
DELRA Y
MONROE SUB LOT 26 BLK 12
N. 42.1 t OF E. 130' OF S. 202.1' OF S. Y2 OF BLK 12, TOWN OF DELRA Y
MONROE SUB LOT 19 BLK 12
MONROE SUB LOT 18BLK12
MONROE SUB LOT 17BLK12
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s.w. 12TH - 14TH AVENUES
- MAP 8.1 -
NOTE: SEE REVERSE SIDE FOR LEGEND
JANUARY 2005
_ - POTENTIAL ACOUISITION
QTY OF DElRA Y BEACH, Fl
PLANNING a: ZONING DEPAR1\fENT
-- DlGffAL 8AS£ MAP SYSTEM --
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12-43-46-17 -28-003-0170 ODMANNS SUB LOTS 17 & 18 (LESS 1-95 RtW) BLK 3
12-43-46-17-28-003-0190 ODMANNS SUB LOT 19 (LESS 1095 RtW AS IN OR2128P1916) BLK 3
12-43-46-17-28-003-0200 ODMANNS SUB LOT 20 BLK 3
12-43-46-17-19-002-0130 ATLANTIC PARK GARDENS PRIEST ADD LOT 13 BLK 2
12-43-46-17-19-002-0140 ATLANTIC PARK GARDENS PRIEST ADD LOT 14 BLK 2
12-43-46-17-19-002-0150 ATLANTIC PARK GARDENS PRIEST ADD LOT 15 BLK 2
12-43-46-17-19-002-0160 ATLANTIC PARK GARDENS PRIEST ADD LOT 16 BLK 2
12-43-46-17-19-002-0180 ATLANTIC PARK GARDENS PRIEST ADD LOT 18 BLK 2
12-43-46-17-19-002-0190 ATLANTIC PARK GARDENS PRIEST ADD LOT 19 BLK 2
12-43-46-17-19-002-0200 ATLANTIC PARK GARDENS PRIEST ADD LOT 20 BLK 2
12-43-46-17-19-002-0210 ATLANTIC PARK GARDENS PRIEST ADD LOT 21 BLK 2
12-43-46-17-19-002-0220 ATLANTIC PARK GARDENS PRIEST ADD LOT 22 BLK 2
12-43-46-17-19-002-0230 ATLANTIC PARK GARDENS PRIEST ADD LOT 23 BLK 2
12-43-46-17-19-002-0240 ATLANTIC PARK GARDENS PRIEST ADD LOT 24 BlK 2
12-43-46-17 -28-004-0210 ODMANNS SUB LOT 21 BLK 4
12-43-46-17-28-004-0220 ODMANNS SUB LOT 22 BLK 4
12-43-46-17-20-000-0010 LINCOLN ATLANTIC PARK GARDENS LOTS 1 & 2
12-43-46-17-20-000-0030 LINCOLN ATLANTIC PARK GARDENS LOT 3
12-43-46-17-20-000-0050 LINCOLN ATLANTIC PARK GARDENS LOT 5
12-43-46-17-20-000-0060 LINCOLN ATLANTIC PARK GARDENS LOT 6
12-43-46-17-20-000-0120 LINCOLN ATLANTIC PARK GARDENS LOT 12
12-43-46-17-28-004-0120 ODMANNS SUB LOT 12 BLK 4
12-43-46-17-28-004-0130 ODMANNS SUB LOT 13 BLK4
12-43-46-17-18-002-0120 ATLANTIC PARK GARDENS, DELRAY, LOT 12 BLK 2
12-43-46-17-18-002-0130 ATLANTIC PARK GARDENS, DELRAY, LOT 13 BLK 2
12-43-46-17-18-002-0210 ATLANTIC PARK GARDENS, DELRAY, LOT 21 BLK 2
12-43-46-17-18-002-0220 ATLANTIC PARK GARDENS, DELRAY, LOT 22 BLK 2
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B 12-43-46-17-18-003-0010 ATLANTIC PARK GARDENS, DELRAY, LOT 1 BLK 3
C 12-43-46-17-23-009-0010 ATLANTIC PARK GARDENS, DELRAY, LOT 1 BLK 9
D 12-43-46-17-23-009-0020 ATLANTIC PARK GARDENS, DELRAY, LOTS 2 & 3 BLK 9
E 12-43-46-17-35-001-0230 BELAIR HEIGHTS, DELRAY, LOTS 23 & 24 BLK 1
NN 12-43-46-17-33-000-0100 WILLIAMS SUB LOT 10 (LESS 1-95 R/W)
00 12-43-46-17-33-000-0090 WILLIAMS SUB LOT 9 (LESS 1-95) R/W)
PP 12-43-46-17-33-000-0080 WILLIAMS SUB LOT 8 (LESS 1-95 R/W)
QQ 12-43-46-17-33-000-0070 WILLIAMS SUB LOT 7 (LESS 1-95 RIW)
RR 12-43-46-17-33-000-0060 WILLIAMS SUB LOT 6 (LESS 1-95 RIW)
SS 12-43-46-17-23-006-0120 ATLANTIC GARDENS, DELRAY, LOT 12 BLK 6
IT 12-43-46-17-23-006-0220 ATLANTIC GARDENS, DELRAY, LOT 22 BLK 6
UU 12-43-46-17-23-006-0240 ATLANTIC GARDENS, DELRAY, LOT 24 BLK 6
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12-43-46-16-01-008-0350 lOTS 35 & 36 BlK 8, TOWN OF OElRA Y .
12-43-46-16-01-008-0330 lOTS 33 & 34 BlK 8, TOWN OF OElRA Y
12-43-46-16-01-008-0320 lOT 32 BlK 8, TOWN OF DElRAY
12-43-46-16-01-008-0310 lOT 31 BlK 8, TOWN OF DElRAY
12-43-46-16-01-008-0260 lOT 26, 09, & 30 BlK 8, TOWN OF DElRA Y
12-43-46-16-01-008-0270 lOTS 27 & 28 BlK 8, TOWN OF DElRAY
12-43-46-16-01-016-0011 N. 50' OF S. 150' OFW. 131' OF S. ~ OF BlK 16, TOWN OF DElRAY
12-43-46-16-01-016-0040 N. 100' OF S. 204.88' OF E. 135' OF S. ~ BlK 16, TOWN OF DElRAY
12-43-46-16-01-016-0010 S. Y2 (LESS N. 100 ' OF S. 204.88' OF E. 135', S. 100' & N. 50' OF S. 150'
OF W., TOWN OF DElRA Y
12-43-46-16-01-016-0070 S. 50' OF N. Y2 OF E. 131.39' OF W.156.47' BlK 16, TOWN OF DElRA Y
12-43-46-16-01-016-0110 E. 131.47' OF W. 156.47' OF S. 50' OF N. 250' OF N. ~ OF BlK 16, TOWN
OF DElRA Y
12-43-46-16-01-016-0080 E. 131.3' OF N. 50' OF N. ~ OF BlK 16, TOWN OF DElRAY
12-43-46-16-01-015-0460 lOTS 46 & 47 BlK 15, TOWN OF DElRAY
12-43-46-16-01-015-0490 lOTS 49 TO 51 INCLUDING BlK 15, TOWN OF DElRAY
12-43-46-16-01-015-0480 lOT 48 BlK 15, TOWN OF DElRAY
12-43-46-16-01-015-0520 lOT 52 BlK 15, TOWN OF DElRA Y
12-43-46-16-01-014-0010 N. 100' OF S. 235' OF E. 135' & S. 135' OF E. 218.46' (lESS N. 50' OF W.
50'), TOWN OF DElRAY
12-43-46-16-01-021-0060 N. 50' OF S. 100' OF W. 135' OF BlK 21, TOWN OF DElRA Y
12-43-46-16-01-021-0070 S. 50' OF W. 135' OF BlK 21, TOWN OF DElRAY
12-43-46-16-01-022-0010 lOT 1 BlK 22, TOWN OF DElRA Y
12-43-46-16-01-022-0200 W. 85' OF S. 135' OF S. Y2 OF BlK22, TOWN OF DEL RAY
12-43-46-16-01-023-0250 lOT 25 BlK 23, TOWN OF DElRA Y
12-43-46-20-14-003-0100 ROSEMONT PARK, DElRAY, lOTS 10-12 INCLUDING BlK 3
12-43-46-16-01-024-0010 N. 190.56' OF E. 135' OF BlK 24, TOWN OF DElRAY
12-43-46-16-01-032-0310 lOT 31 BlK 32, TOWN OF DElRAY
12-43-46-16-01-032-0300 lOT 30 BlK 32, TOWN OF DElRAY
12-43-46-16-01-031-0180 S. 93' OF N. 143' OF W. 150' OF S. ~ OF BlK 31, TOWN OF DElRAY
12-43-46-16-01-031-0210 S. 78' OF N. 143' OF E. 135' OF S. ~ OF BlK 31, TOWN OF DElRAY
12-43-46-16-01-031-0050 S. 66' OF N. 216' OF E. 135' OF BlK 31, TOWN OF DELRAY
12-43-46-16-01-022-0180 W. 50' OF E. 200' OF S. 135' OF S. ~ OF BlK 22, TOWN OF DElRA Y
12-43-46-16-01-022-0110 LOT 11 BlK 22, TOWN OF DElRAY
12-43-46-16-01-022-0090 LOT 9 BlK 22, TOWN OF DELRA Y
12-43-46-16-01-022-0100 lOT 10 BlK 22, TOWN OF DElRA Y
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A 12-43-46-16-01-019-0170
B 12-43-46-16-01-019-0220
C 12-43-46-16-01-019-0230
D 12-43-46-17 -50-000-0010
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G 12-43-46-16-01-026-0120
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L 12-43-46-17-05-000-0110
M 12-43-46-17 -05-000-0120
N 12-43-46-16-01-020-0110
O&P 12-43-46-16-01-020-0120
Q 12-43-46-16-01-021-0130
R 12-43-46-16-01-021-0140
S 12-43-46-17-06-029-0372
T 12-43-46-17-06-029-0371
U 12-43-46-17-06-029-0280
V 12-43-46-17-06-029-0070
W 12-43-46-17 -06-029-0090
X 12-43-46-17 -06-029-0100
Y 12-43-46-17-06-029-0140
Z 12-43-46-17-06-029-0160
- MAP C -
S. % (LESS S. 135', N. 171' OF E. 135' & N. 171' OF W. 135') BLK 19,
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N. 40' OF S. 106' OF W. 135' OF S. % BlK 19, TOWN OF DElRAY
S. 66' OF W. 135' OF S. % OF BlK 19, TOWN OF DElRAY
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MELVIN S BURD SUB LOT 2
MELVIN S BURD SUB lOTS 3 & 4
S. 150' OF W. 135.5' OF BLK 26, TOWN OF DELRA Y
REPLAT OF PT OF FLK27, DELRAY BEACH, LOT 1 & N. 7' OF LOT 2
REPLA T OF PT OF FLK 27, DELRA Y BEACH, LOT 2/LESS N. 7'
REPLAT OF PT OF BLK 27, DELRA Y BEACH, LOTS 4 & 5
REPLAT OF PT OF BLK 27, DELRAY BEACH, LOTS 7 & 8 (LESS PT IN
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REPlAT OF PT OF BlK 27, DELRAY BEACH, LOT 11
REPlAT OF PT OF BlK 27, DElRAY BEACH, LOT 12
N. 50' OF E. 135' OF BlK 20, TOWN OF DElRA Y
S. 100' OF N. 150' OF E. 135' OF BlK 20
E. 50' OF W. 175' OF S. 90' OF N. 110' BlK 21, TOWN OF DElRA Y
S. 90' OF N. 110' OF BlK21/LESS W. 175', TOWN OF DELRAY
RESUB OF BlK 29, DElRAY BEACH, W. 70' OF lOT 37 & S. 15' OF W. 70'
OF lOT 38 BlK 29
RESUB OF BlK 29, DElRA Y BEACH, lOT 37 (LESS W. 70') & LOT 38
(LESS S. 15' OF W. 70') 12-43-46-17-50000-0010 BLK 29
RESUB OF BlK 29, DElRA Y BEACH, LOTS 28 & 29 BlK 29
RESUB OF BlK 29, DElRA Y BEACH, lOTS 7 & 8 BlK 29
RESUB OF BlK 29, DElRA Y BEACH, LOT 9 BlK 29
RESUB OF BlK 29, DElRA Y BEACH, LOT 10 BLK 29
RESUB OF BlK 29, DElRA Y BEACH, LOTS 14 & 15 BlK 29
RESUB OF BlK 29, DElRA Y BEACH, lOTS 16 & 17 BlK 29
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B 12-43-46-16-01-069-0230
C 12·43-46-16-01-069-0200
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BLOCK 76 (OLD SCHOOL SQ. EXPANSION & PARKING GARAGE)
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A 12-43-46-16-01-076-0021 TOWN OF DELRAY, S. 70.64 FT OF LOT 2 (LESS W 10FT RD R/W),
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C 12-43-46-16-01-076-0070 TOWN OF DELRAY, LOT 7, BLOCK 76
B 12-43-46-16-01-076-0010 TOWN OF DELRAY, LOT 1 & N. 4.06' OF LOT 2 (LESS W. 10' RD
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JANUARY 2005
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CITY OF DELRA Y SEAa-¡. FL
PlANNING &: ZONING DEP ARlMENT
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12-43-46-17-31-000-0040 CARVER SQUARE, LOT 4
12-43-46-17-31-000-0020 CARVER SQUARE, LOTS 2 & 3
12-43-46-17-31-000-0010 CARVER SQUARE, LOT 1
12-43-46-17-31-000-0060 CARVER SQUARE, LOT 6
12-43-46-17-31-000-0070 CARVER SQUARE, LOT 7
12-43-46-17-31-000-0080 CARVER SQUARE, LOT 8
12-43-46-17-31-000-0090 CARVER SQUARE, LOTS 9 & 10
12-43-46-17-31-000-0150 CARVER SQUARE, LOT 15
12-43-46-17-31-000-0140 CARVER SQUARE, LOT 14
12-43-46-17-31-000-0130 CARVER SQUARE, LOT 13
12-43-46-17-31-000-0120 CARVER SQUARE, LOT 12
12-43-46-17 -31-000-0110 CARVER SQUARE, LOT 11
12-43-46-17-31-000-0160 CARVER SQUARE, LOT 16
12-43-46-17-31-000-0170 CARVER SQUARE, LOT 17
12-43-46-17-31-000-0180 CARVER SQUARE, LOT 18
12-43-46-17 -31-000-0190 CARVER SQUARE, LOT 19
12-43-46-17-31-000-0200 CARVER SQUARE, LOT 20
12-43-46-17-31-000-0250 CARVER SQUARE, LOT 25
12-43-46-17-31-000-0240 CARVER SQUARE, LOT 24
12-43-46-17-31-000-0230 CARVER SQUARE, LOT 23
12-43-46-17-31-000-0220 CARVER SQUARE, LOT 22
12-43-46-17-31-000-0210 CARVER SQUARE, LOT 21
12-43-46-17-31-000-0260 CARVER SQUARE, LOTS 26 & 27
12-43-46-17-31-000-0280 CARVER SQUARE, LOT 28
12-43-46-17-31-000-0290 CARVER SQUARE, LOT 29
12-43-46-17-31-000-0300 CARVER SQUARE, LOT 30
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MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # \oE. - REGULAR MEETING OF JANUARY 18_ 2005
ORDINANCE NO. 3-05 (EMERGENCY MEDICAL TRANSPORTATION
FEES)
TO:
FROM:
DATE:
JANUARY 14,2005
This ordinance is before Commission for second reading and public hearing to amend Chapter 96,
"Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of
the City Code to adjust the fee schedule for emergency medical transportation in accordance with the
National American Fee Schedule.
The following service changes or fees are levied for the provision of emergency transportation:
(1) Advanced Life Support (ALS-l)
Transport fee $390.00 $420.00
(2) Advanced Life Support (ALS-2) $495.00 $530.00
Transport fee
(3) Skilled Care Transport fee $520.00 $585.00
(4) Basic Life Support (BLS)
Transportation fee $370.00 $400.00
(5) Mileage fee $7.65jmile $8.15/mile
At the first reading on January 4, 2005, the Commission passed Ordinance No. 3-05.
Recommend approval of Ordinance No. 3-05 on second and final reading.
S:\City Clerk\agenda memos\Ord 3-05 Emergency Transport Fees.0l.18.05
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER M
AGENDA ITEM # \~ 1:. - REGULAR MEETING OF JANUARY 4_ 2005
ORDINANCE NO. 3-05 (AMENDING CHAPTER 96 "FIRE SAFETY AND
EMERGENCY SERVICES")
TO:
FROM:
DATE:
DECEMBER 30, 2004
This ordinance is before Commission for first reading to amend Chapter 96, "Fire Safety and
Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the Code of
Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the
National American Fee Schedule.
Recommend approval of Ordinance No. 3-05 on first reading. If passed, a public hearing will be
scheduled for January 18, 2005.
S:\City Clerk\agenda memos.Ord3-05.EMT Fee Adjustment.Ol-04-05
<'
RECEIVED
~;.~ 2 . 2004
CITY MANAGER
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE
DELRA Y BEACH
b:äii
Aß.America City
~II'~
200 NW 1 st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090· FACSIMILE 561/278-4755
Writer's Direct Line" 561/243-7090
MEMORANDUM
DATE:
December 20, 2004
TO: David Harden, City Manager
Chief Koen, Fire Department
Ellen Wickert, Administrative Officer/Fire Department
Terrill Barton, Assistant City Attorney ø
FROM:
SUBJECT: Draft Ordinance reqardinq EMT Fees
I have drafted the attached ordinance. Please review and call me if you have any
questions.
Thank you.
TCB:smk
Attachment
ok
Zfl1
ORDINANCE NO. 3-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, 'FIRE
SAFETY AND EMERGENCY SERVICES', OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 96.66. "EMERGENCY MEDICAL TRANSPORTATION
FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE
FOR EMERGENCY MEDICAL TRANSPORTATION IN
ACCORDANCE WITH THE NATIONAL AMERICAN FEE
SCHEDULE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, on January 17, 1995, the City Commission adopted Ordinance No. 5-95, which
enacted a new Section 96.66 of the City Code to provide for emergency medical transportation;
and
WHEREAS, in accordance with the implementation of the National Ambulance Fee
Schedule a new schedule is hereby established.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Title IX, "General Regulations", Chapter 96, "Fire Safety and Emergency
Services", Section 96.66, "Emergency Medical Transportation Fees", Subsection 96.66(A), of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
(A) The following service charges or fees are levied for the provision of
emergency medical transportation:
(1 ) Advanced Life Support (ALS-1 )
Transport Fee $390.00 ~420.00
(2) Advanced Life Support (ALS-2)
Transport Fee $<195.00 ~530.00
(3) Skilled Case Transport Fee $520.00 ~585.00
(4) Basic Life Support (BLS)
Transportation Fee $370.00 $400.00
(5) Milage Fee $7.65lmilo $8.15/mile
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2005.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
2
ORD. NO. 3-05
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CITY MANAGERtJÎ1
AGENDA ITEM # 'Ot: - REGULAR MEETING JANUARY 18,2005
ORDINANCE NO. 80-04
TO:
SUBJECT:
DATE:
JANUARY 14,2005
This Ordinance is before Commission for second reading and second public hearing to amend Land
Development Regulations (LDR) Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(B),
"Applicability", to provide a credit for parking under certain circumstances where a governmental
entity acquires property for public parking.
At fltst reading on January 4, 2005, the City Commission passed Ordinance No. 80-04.
Recommend approval of Ordinance No. 80-04 on second and final reading.
S:\City Clerk\agenda memos\Ord. 80-04 Parking Crerut.01.18.0S
FROM:
CITY COMMISSION DOCUMENTATION:
~T. HAR EN ITV MANAGER
~LING' ECTOR OF PLANNING & ZONING
,'SC~ARONSON, ARKING MANAGEMENT SPECIALIST
~
lëtt1
TO:
THRU:
SUBJECT: MEETING OF JANUARY 4, 2005 - REGULAR AGENDA
CITY-INITIATED AMENDMENT TO SECTION 4.6.9(B) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PROVIDE A CREDIT FOR PARKING UNDER
CERTAIN CIRCUMSTANCES WHERE A GOVERNMENTAL ENTITY ACQUIRES
PROPERTY FOR PUBLIC PARKING.
BACKGROUND AND ANALYSIS:
The provision of public parking in the downtown has been identified as a significant need as the downtown area
redevelops. There is limited vacant property available in the downtown area that is suitable for a public parking
lot or garage development that is appropriately located to maximize the public use and benefit. Therefore, to
provide parking in the areas of the downtown where the demand is greatest usually requires the acquisition of
property that is currently developed and contains a structure or structures. In order to acquire lands for parking, it
is in the public interest to credit the private owner from whom the land is acquired with parking spaces it has
vested rights to, which are then transferable to other properties owned by the same property owner within 300
feet of the property acquired by the governmental entity for public parking. The intent is to provide a property
owner an incentive to enable a governmental entity to acquire property in a manner that is mutually beneficial and
expeditious. The distance of 300 feet was derived from and is consistent with the distance requirement currently
in the Land Development Regulations associated with off-site parking agreements. In the off-site parking
agreement situation, the 300 feet is measured along an acceptable pedestrian route.
LDR Section 2.4.5(MH5} (Findinas): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR
Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with
and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
The Goals, Objectives and Policies of the City's Comprehensive Plan were reviewed and the amendment
specifically furthers Future Land Use Element Policy C-3.2, Future Land Use Element Objective C-4, Future Land
Use Element Policy C-4.1, Future Land Use Element Policy C-4.2 and Future Land Use Element Policy C-4.3.
Based upon the above, the proposed text amendment is consistent with and furthers the Goals, Objectives and
Policies of the Comprehensive Plan.
~
REVIEW BY OTHERS:
II
The Planning & Zoning Board, at their meeting of December 20, 2004 unanimously recommended approval of the
proposed ordinance.
The Parking Management Advisory Board, at their meeting of December 21, 2004 unanimously recommended
approval of the proposed ordinance.
The amendment is scheduled for review by the Community Redevelopment Agency at their meeting of January
13, 2005 and the results will be reported to the City Commission on second reading at the January 18, 2005
meeting.
RECOMMENDED ACTION:
~
Move approval of Ordinance 80-04 by adopting the findings of fact and law contained in the staff report, and
finding that the proposed Ordinance 74-04 and approval thereof is consistent with the Comprehensive Plan and
meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
Attachment: Proposed Ordinance
\0<;
ORDINANCE NO. 80-04
AN ORDINANCE OF THE CITI COMMISSION OF THE
CITI OF DELRA Y BEACH, FLORIDA, AMENDING
ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS" OF THE LAND DEVELOPMENT
REGULATIONS BY AMENDING SECTION 4.6.9, "OFF-
STREET PARKING REGULATIONS", SUBSECTION (B)
"APPLICABLITI" BY CREATING A NEW SUBSECTION
4.6.9(B)(4) PROVIDING A CREDIT FOR PARKING UNDER
CERTAIN CIRCUMSTANCES WHERE A
GOVERNMENTAL ENTITI ACQUIRES PROPERTI FOR
PUBLIC PARKING, PROVIDING FOR RENUMBERING;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, governmental entities have acquired property for public parking purposes from
private owners; and
WHEREAS, in order to acquire lands for parking, it is in the public interest to credit the
private owner from whom the land is acquired with parking spaces it has vested rights to, on private
property, provided the private property is within 300 feet of the property acquired by the
governmental entity for public parking.
NOW, THEREFORE, BE IT ORDAINED BY THE CITI COMMISSION OF THE
CITI OF DELRA Y BEACH, FLORIDA:
Section 1. That Article 4.6, "Supplemental District Regulations", of the Land
Development Regulations is hereby amended by amending 4.6.9(B), "Applicability", to create a new
subsection 4.6.9(B)(4) and to renumber the section to read as follows:
(B) Applicability:
(1) Off-street parking facilities shall be provided tn the following
situations:
(a) For any new building constructed;
(b) For any new category of use established including a new
conditional use;
(c) For any addition or enlargement of an existing building or
use;
(d) F or any change in the occupancy of an existing building or
the manner in which a use is conducted that would result in additional parking spaces being
required.
(2) For items (c) and (d) from above, the additional parking spaces shall
be required only for such addition, enlargement, or change and not for the entire building or use,
unless required as a condition of approval associated with the approval of the addition, enlargement
or change.
(3) When existing parking is diminished by an addition or enlargement
and such parking had been previously required, or would be required if the use were established at
this point in time, such parking spaces must be replaced and be in addition to those spaces required
for the addition or enlargement.
(4). Notwithstanding the foregoing. effective January 1. 2005. if private
land is acquired by a governmental entity for parking. the parking spaces attributed to the demand
created by the building square footage and use that existed on the land acquired by the governmental
entity ().ess the number of spaces that existed on the property so acquired) shall be credited to land
owned by private owner( s) if the land owned by the private owner( s) is located within 300 feet of the
land acquired by the governmental entity for parking purposes.
(47 ~
well as permanent uses.
The requirements of this Section shall apply for temporary uses as
Section 2. That should any section or proVlslon of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and [mal reading.
2
ORDINANCE NO. 80-04
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2005.
MAYOR
ATTEST:
CITI CLERK
First Reading
Second Reading
3
ORDINANCE NO. 80-04
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # , () c:::, - REGULAR MEETING OF JANUARY 18_ 2005
ORDINANCE NO. 78-04 (AMENDING LDR SECTION 2.4.2(B)_ "PUBLIC
HEARING REQUIREMENTS")
TO:
SUBJECT:
DATE:
JANUARY 14,2005
This ordinance is before Commission for second reading and public hearing for a City initiated
amendment to Land Development Regulations (LDR) Section 2.4.2(B), "Public Hearing Requirements",
Section 2.4.3(A), "Standard Application Items", Section 2.4.5(M), "Amendment to the Land Development
Regulations", Section 4.5.1 (C), "Designation Procedures", to provide for the elimination of certain notices
not required by state law and adding new public notice requirements.
The proposed text amendment is provided to streamline the notification requirements to eliminate certain
notices not required by State Law; to add new notices in keeping with the requests from citizens; and to
utilize the changes in technology to increase the City's ability to inform its citizens of public hearing items
while reducing costs for notification through the elimination of certain published advertisements.
The amendment does not change the land use actions which are required to be noticed, it changes the
methods by which public notification for those land use actions will occur. The most significant changes
include the elimination of cosdy legal advertisements for conditional uses and amendments to the LDR's
before the Planning and Zoning Board; and the inclusion of methods such as the posting of properties for
conditional uses, rezonings, and Future Land Use Map (FLUM) amendments. In cases where notices will
not be posted, such as the abandonment of a right-of-way, legal newspaper advertisements will be
maintained. The proposed amendment also includes posting of notices on the City's web site ten (10) days
prior to the scheduled hearing and the posting of notices at City Hall. The amendment modifies LDR
Section 2.4.2(B)(2), "Conduct", to provide that public hearings shall be conducted in accordance with the
rules adopted by the applicable board, or if none has been adopted, by the Rules of the City Commission.
Minor revisions have also been made to Section 2.4.3(A) and Section 4.5.1 (C) (4) to correct references to
certain notice requirements; and Section 2.4.5(M) to correct grammatical inconsistencies and clarify certain
limits for amendments to the LDRs.
At its meeting of December 20, 2004, the Planning and Zoning Board held a public hearing regarding the
proposed text amendment. There was no public testimony. After discussion, the Board voted 5-0 to
recommend to the City Commission approval with minor grammatical changes by adopting the findings of
fact and law contained in the staff report, and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in LDR Section 2.4.5(M), "Amendment to the Land
Development Regulations".
At the fltst reading on January 4, 2005, the Commission passed Ordinance No. 78-04.
Recommend approval of Ordinance No. 78-04 on second and fmal reading.
S:\Clty Clerk\agenda memos\Ord.78-04.Amending WR regarding Public Nonce ReqUlrements.01.18.0S
FROM:
CITY COMMISSION DOCUMENTATION
D~~D~ANAGER
PAr~ORLlNG, DIUO~ OF PLANNING AND ZONING
JASMIN ALLEN, PLANNER
MEETING OF JANAURY 4, 2005
CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
SECTION 2.4.2(B) "PUBLIC HEARING REQUIREMENTS", SECTION 2.4.3(A) "
STANDARD APPLICATION ITEMS; SECTION 2.4.5(M) "AMENDMENT TO THE
LAND DEVELOPMENT REGULATIONS", SECTION 4.5.1 (C) TO PROVIDE FOR THE
ELIMINATION OF CERTAIN NOTICES NOT REQUIRED BY STATE LAW AND
ADDING NEW PUBLIC NOTICE REQUIREMENTS.
~
~
TO:
THRU:
SUBJECT:
BACKGROUND
The proposed text amendment is provided to streamline the notification requirements to eliminate
certain notices not required by State Law; and add new notices in keeping with the requests from
citizens; and to utilize the changes in technology to increase the City's ability to inform its citizens of
public hearing items while reducing costs for notification through the elimination of certain published
advertisements.
The proposed amendment engages a comprehensive approach to the City's notice requirements. While
it does not change the land use actions which are required to be noticed, it does change the methods
by which public notification for those land use actions will occur. The most significant changes include
the elimination of costly legal advertisements for conditional uses and amendments to the LDRs before
the Planning and Zoning Board; and the inclusion of methods such as the posting of properties for
conditional uses, rezonings and Future Land Use Map amendments. In those cases where notices will
not be posted, such as with the abandonment of a right-of-way, legal newspaper advertisements will be
maintained. The proposed amendment also includes posting of notices on the City's web site 10 days
prior to the scheduled hearing and the posting of notices at City Hall. The proposed amendment
modifies LOR Section 2.4.ð-(B)(2) to provide that public hearings shall be conducted in accordance with
the rules adopted by the applicable board, or if none has been adopted, by the Rules of the City
Commission. Minor revisions have also been made to Section 2.4.3(A) "Standard Application Items"
and Section 4.5.1 (C)(4) "Designation Procedures" to correct references to certain notice requirements
and, Section 2.4.5(M) to correct grammatical inconsistencies and clarify certain limits for amendments
to the Land Development Regulations.
Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a finding
that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. As noted previously, this amendment is being initiated more for "housekeeping"
purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically
further the Goals, Objectives, ~ and Policies of the Comprehensive Plan, it is not inconsistent with them.
PLANNING AND ZONING BOARD CONSIDERATION
At its meeting of December 20, 2004, the Planning and Zoning Board held a public hearing regarding
the proposed text amendment. There was no public testimony regarding the proposed amendment.
After discussing the amendment, the Board voted 5-0 (Diane Borchardt and Mark Krall absent) to
\ ~C-
City Commission Documentation
Meeting of January 4, 2005
LDR Text Amendment Regarding Notice Provisions
Page 2
recommend to the City Commission approval with minor grammatical changes by adopting the findings
of fact and law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets the criteria set forth in Section 2.4.5(M) of the Land Development
Regulations.
RECOMMENDED ACTION
By motion, move to approve the amendment to Land Development Regulations Section 2.4.2 (B)
"Public Hearing Requirements", Section 2.4.3(A) "Standard Application Items", Section 2.4.5(M)
"Amendments to the Land Development Regulations", and Section 4.5.1 (C) (4) "Designation
Procedures", by adopting the findings of fact and law contained in the staff report, and finding that the
request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of
the Land Development Regulations.
Attachments: Ordinance No. 78-04
Planning and Zoning Board Staff Report
ORDINANCE NO. 78-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 2.4.2(B), "PUBLIC
HEARING REQUIREMENTS", TO PROVIDE FOR
ELIMINATION OF CERTAIN NOTICES NOT REQUIRED BY
STATE LAW AND ADDING NEW PUBLIC NOTICE
REQUIREMENTS AND BY PROVIDING THAT THE CONDUCT
OF A PUBLIC HEARING SHALL BE IN ACCORDANCE WITH
ADOPTED RULES; BY AMENDING SECTION 2.4.3(A),
"STANDARD APPLICATION ITEMS", TO PROVIDE FOR A
CORRECT REFERENCE TO CERTAIN NOTICE
REQUIREMENTS; BY AMENDING SECTION 2.4.5(M),
"AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS", TO PROVIDE FOR GRAMMATICAL
CHANGES AND CLARIFYING CERTAIN LIMITS FOR
AMENDMENTS TO THE LAND DEVELOPMENT
REGULATIONS; AMENDING 4.5.1(C)(4) TO PROVIDE THAT
NOTICES FOR DESIGNATION OF HISTORIC SITES OR
DISTRICTS WILL CONFORM TO THE NOTICES GIVEN FOR
REZONINGS EXCEPT THE PROPERTY NEED NOT BE
POSTED; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to
streamline the notification requirements that meet state law and provide an improved method
and manner of reaching its citizens; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, adopts the
findings in the staff report; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the
ordinance is consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
Section 1. That Section 2.4.2(B), "Public Hearing Requirements", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and is hereby amended to
read as follows:
(B) Public Hearina Reauirements: The following notice requirements and
hearing procedures shall be complied with whenever an action before a Board requires
consideration at a public hearing. Where state law expresslv sets forth notice
reQuirements. notice provided in accordance with state law is sufficient to meet allleaal
notice requirements despite the additional requirements that may be also required as
set forth below. These requirements ::ue in addition to 3ny requirements for public
he3ring notice \\'hich are othef\\'ise required by State La\4.' or City Commission
procedures.
(1) Notice: AU m:ublic hearings shall be noticed through lettere to
property o\,4.'ners, legal 3d\.'ertisements, or display advertisoments as set forth belov.'
follows:
(a) Annexations:
(1) Non-voluntary: Notice requirements contained within
applicable sections of Florida Statute Chapter 171
Shall apply.
(2) Voluntary: Notice requirements contained within
applicable sections of Florida Statute Chapter 171
and City Ch3rter Section 2.03 shall apply. In
addition, the S3me procedures 3e 3re used for
noticing a rezoning shall apply.
(b) Privatelv Initiated Rezonina: Notice requirements
contained within the applicable sections of Florida Statutes
Chapter 166 shall apply. The City sh311 m3il 3 letter notice
of the Planning and Zoning Board public he3ring to the
o,-\'ner(s) of all property located \\'ithin five hundred feet
(500') of the perimeter of the property being rezoned no
later than ten (10) calendar daye prior to the public hearing
held bef-ore the Planning and Zoning Board. Additional
notice shall be aiven before the Plannina and Zonina Board
hearina in accordance with Section 2.4.2(B)(1 )(j) (i), (ii), (iii)
and (iv).
(c) City Initiated Rezonina: Notice requirements contained
within the applicable sections of Florida Statutes Chapter
166 shall apply. The City ehall provide notice of the
Planning and Zoning Board public hearing in accordance
'I.'ith Chapter 166, Florida Statutes, except that letter notices
\4/i11 be mailed no later than ten (10) calendar daye prior to
the public he3ring before the PI3nning 3nd Zoning B03rd.
In cases \\'here letter notices are required, notice of the
Planning and Zoning Board public he3ring shall be made to
the real property O'Nner v.'hose land is being changed as
\\'ell as to the o\\'ner(e) of all property located 'Nithin fi'le
hundred feet (500') of the perimeter of the property being
rezoned. Additional notice shall be aiven before the
Plannina and Zonina Board hearina in accordance with
Section 2.4.2(8)(1 )(j) (i), (ii), (iii) and (iv).
2
ORD. NO. 78-04
(d) Principal. Conditional or Prohibited Use Chanaes to the
Text of the Land Development Reaulations: Notice
requirements contained within the applicable sections of
Florida Statutes Chapter 166 shall apply.
(e) Conditional Uses: The City shall provide notice of the
public hearing before the Planning and Zoning Board te-tRe
O'Nners of 311 property loc3ted 'Jlithin five hundred feet (500')
of the perimeter of the property on '.\'hich the condition31 use
'Nill operate. Notice shall be m3ilod no 13ter than ten (10)
c31end3r d3Ys prior to the public he3ring before the
Planning 3nd Zoning Board. In addition, a public notice
sh311 be published in the leg31 section of 3 ne'JISp3per 3nd
sh311 3ppe:u no I3ter th3n ten (10) c31endar d3Ys prior to
said public he3ring before the PI3nning and Zoning Board in
accordance with Section 2.4.2(B)(1 )(j) (i), (ii), (iin and (iv).
(f) Variances Before the Board of Adiustment: The City
shall provide notice of the public hearing before the Board of
Adjustment to the O'Nners of all property loc3ted \-.'ithin five
hundred feet (500') of the perimeter of the property on \\'hich
the '/3ri3nce is being sought. Notice Sh311 be m3iled no later
th3n ten (10) c31end3r d3Ys prior to the public he3ring
before the Board of ì^.djustment in accordance with Section
2.4.2(B)(1 )(j) (i), (in and (iv).
(g) Variances Before the Historic Preservation Board:
Notice shall be aiven in accordance with Section
2.4.2(8)(1 )(j) (n, (in and (iv) by mail in the same manner as
in Subsection 2.4.2(8)(1 )(f).
(h) Amendments to the Comprehensive Plan: Notice
requirements pursuant to Florida Statutes Chapter 163 shall
apply. In 3dditional, notice for propo&ed changes to the
future L3nd Use M3p sh311 be noticed in the S3me m3nner
as in Section 2.4.2(8)(1)(b) or (c), 3S 3ppropriate. ill
addition, notice will be aiven in accordance with Section
2.4.2(8)(1 )(j) (n, (in, (iii) and (iv).
(i) Riaht-of-Wav Abandonments: The City sh311 notify all
abutting property OVJners by certified m3il. Said notice shall
be m3iled no later th3n t\venty (20) calend3r days prior to
the A public hearing will be held before the Planning and
Zoning Board. A notice of a public hearina shall be aiven in
accordance with Section 2.4.2(8)(1 )(j) (n, (in, (iv), (v) and
(vi). In addition, +!he notice shall describe the property to
be abandoned and shall generally describe the obligations
that will accrue to the property owners if the abandonment is
3
ORD. NO. 78-04
approved. Tho City sh311 also provide notice of the public
he3ring before the Planning 3nd Zoning Board to the
o\t,,'ners of all property located 'Nithin five hundred feet (500')
of the perimeter of the property VJhich is to be ab3ndoned.
Said notice sh311 be m3iled no bter th3n ten (10) c31endar
days prior to the public he3ring bef.ore the Planning 3nd
Zoning B03rd. In 3ddition, a public notice shall be published
in the leg31 section of a ne'JlSP3por 3nd sh311 appe3r no bter
than ten (10) calend3r d3Ys prior to said public he3ring
before the PI3nning and Zoning Board.
U) Other Additional Public Notice Hearings: When a
section of these Land Development Reaulations reauires
additional notice pursuant to this section, the additional
notice shall be sent in accordance with one or more of the
followina:
(i) Written notice to property owners within five hundred
feet (500') of the perimeter of the property which is
the subiect of the development application, mailed no
later than ten (10) days prior to a public hearina.
(ij) Notice posted on the City's web paae at least ten
(10) days prior to the scheduled hearina.
(iii) Notice posted by the City on the affected property bv
placina one placard visible from each adioinina riaht-
of-way or on each street block face, at least seven
(7) days before the scheduled hearina. The placard
shall be prepared by the City and shall identify the
action to be considered and state the time and place
of the hearina. The placard shall be removed by the
City within five (5) business days after the date the
public hearina is held. Photoaraphic documentation
of the posted placard shall be placed in the file to
document the postina of the placard.
(iv) The notice posted at City Hall.
(v) The notice mailed to adiacent property owners twenty
(20) days prior to the public hearina.
(vi) All other public hearings required in the
implementation or amendment of these Land
Development Regulations shall be 3dvertised in the
leg31 section of a n&JJspaper 3t le3st ten (10) d3YS
prior to the hearing. Advertisement in the leaal
4
ORD. NO. 78-04
section of a newspaper at least ten (10) days prior to
the public hearinQ.
(k) Concurrent Notice: When it is necessary to provide a
tetter notice of a public hearing for multiple hearings before
one or more bodies, said notice may be combined within a
single tetter notice.
(I) Form of Notice: Any notice for a public hearing, \4lhether
3dvertisomont or letter, shall, at a minimum, contain the
following:
.ill Date and time of the public hearing,
!.ill. Location of the property which is the subject of the
hearing. and
illD. Identification of the location of information about the
subject of the public hearing.
(m) Newspaper Preference: There is no legislative preference
pertaining to the publication of required notices provided
that the newspaper is published at least five days per week.
(n) Establishment of Mailina List: Whenever notice is to be
provided by a letter, the owners of property to be notified
shall be considered to be those recorded on the latest
official county tax roll. A list of such owners along with their
mailing addresses shall be provided as a part of the
development application and shall be accompanied by an
affidavit stating that to the best of the applicant's knowledge,
the list is complete and accurate. The list shall be
accompanied by a drawing showing all property lying within
five hundred feet (500') of the property under consideration,
and mailing labels that would include the property owners
name and mailing addresses.
(0) Chanae in Proiect: During the course of processing, a
development request, which requires public hearing notice,
may be changed by the applicant without requiring renotice,
provided that:
.ill The change is not to a new zoning designation which
is deemed as to accommodate more intensive use;
or
!.ill. The change does not allow the introduction of a new
type of use or another use which, in and of itself, is
subject to a public hearing.
5
ORD. NO. 78-04
(2) Conduct: The general conduct of a public hearing shall be in
accordance with the follo~lling provisions rules adopted bv the applicable board or if
none has been adopted. bv the Rules of the City Commission.
(a) Format: The follo\\'ing format shall be used; hO~Never,
variations may be imposed by the Chairperson in special
circumstances.
~
~
~
~
Identification of item by the Chairperson;
Presentation by staff;
Presentation by the applicant or agent;
Opening of the Public Hearing and taking of
testimony from the general public;
Acceptance of final comments from the applicant or
agent;
Closing of the Public hearing.
~
~
(b) Represontation: Any party ~..·/ith an interest in the matter
subject to a public hearing has a right to speak and be
heard either in porson or by representation by an agent or
attorney. The length of time allo~:¡ed for such presentations
may be limited by the Chairperson. Board Members have
tho right to question any person providing testimony either
during or after the public hearing.
Section 2. That Section 2.4.3, "Public Hearing Requirements", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
Section 2.4.3 Submission Reauirements
This Section sets forth items which are to accompany an application for development
approval. These requirements may be waived when, on a case by case basis, the
Director finds that such material is not relevant or necessary to fully analyze or make a
determination relative to an application. Also, the Director may require submission of
additional information as set forth herein.
(A) Standard Application Items: Every application for a development
approval shall contain the following items:
(1) A completed application form, appropriate for the development
approval which is sought, as provided by the Director.
(2) A copy of the latest warranty deed, as recorded with the County
Clerk, for all the property under consideration, and a certificate from an attorney-at-law
or a title insurance company certifying who the current fee simple title holders of
record of the subject property are, and the nature and extent of their interest therein.
6
ORD. NO. 78-04
(3) If the applicant is other than a single person owner, the written
consent of the owner(s) must be provided in a certified form. When an application is
executed on behalf of a corporation or a business entity, documentation must be
provided which demonstrates that the corporation's representative is authorized to act
on behalf of the corporation.
(4) A vicinity map which clearly shows the subject property, adjacent
properties, and their relationship to streets located within one-half mile of the property.
(5) A surveyor plat which shows the property described pursuant to
the legal description contained in the warranty deed required in subsection (2), above.
Such surveyor plat shall show all improvements on the property and must be certified
as reflecting conditions on the site as they existed within six (6) months prior to the
filing of the application.
(6) For all items which involve a public hearing which must be noticed
by letter, a list of adjacent property owners pursuant to Section 2.4.2(B)(1 )~.úJ2.
(7) Copy of a letter of notification to utility providers to which a copy
of the site plan or plat is provided. (Standard form letter provide by the City).
[Reference 2.4.2(C)(2)(a)].
(8) Payment of the appropriate processing fee. See Section 2.4.3(K)
for the fee schedule.
(9) A completed "School District of Palm Beach County - School
Concurrency Application and Service Provider Form", and a check or money order for
the appropriate fee, made payable to: The School District of Palm Beach County.
This is required for all projects which include residential dwelling units.
Section 3. That Section 2.4.5(M), "Amendment to the Land Development
Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
(M) Amendment to the Land Development Reaulations:
(1) Rule: Amendments to the Land Development Regulations may be
initiated by the City Commission, Planning and Zoning Board or City Administration or
by an individual.:. iGf Aan individual may request an amendment pursuant to the
following procedures:
(2) Reauired Information:
(a) Submission of A ª formal letter of written request which
references the subject LDR section and provides a rationale
for the requested amendment: and
7
ORD. NO. 78-04
(b) A ºQraft of the proposed ordinance including language to be
amended: and
(c) By providina an Aªnalysis of the amendment and its
potential impacts including support documentation such as
exhibits, graphs, similar ordinances from other
municipalities, etc.. and
(d) Submission of the P-Qrocessing fee pursuant to LDR Section
2.4.3(K).
(3) Procedure: An amendment to the LDRs shall be processed
through the following sequence:
(a) Receipt and certification as complete;
(b) Consideration at a public hearing before the Planning and
Zoning Board.
(c) Forwarding of a recommendation for approval to the City
Commission and consideration at first reading of the
enacting ordinance;
(d) Public Hearing before the City Commission and adoption or
rejection at second reading.
(4) Conditions: The proposed language for the amendment to the
LDRs may be altered by the Planning and Zoning Board or the City Commission.
(5) Findinas: In addition to provisions of Section 1.1.6(A), the City
Commission must make a finding that the text amendment is consistent with aAG
furthers the G031s, Objectives 3nd Policies of the Comprehensive Plan.
(6) Limitations of Amendments: Except for City initiated
amendments. Wwhenever the City Commission has denied an application for an
amendment to the Land Development Regulations, the City Commission shall not
thereafter consider any further application for the same type of individually initiated
amendment for a period of twelve (12) months from the date of such action.
The time limits stated above may be waived by three (3) affirmative votes
of the City Commission when such action is found and deemed necessary to prevent
injustice or to facilitate the proper development of the City. Further, the above
limitations shall not apply to a petition which expires during processing or denied in a
manner deemed as "without prejudice".
Section 4. That Land Development Regulation 4.5.1 (C)(4) is hereby amended to
read as follows:
8
ORD. NO. 78-04
(4) Upon completion and formal review of the report, the 80ard shall set a
public hearing on each proposed designation. Notice of said hearing shall be made to
the owner of affected property at least ten (10) days prior to the hearing by certified
reaular mail. Additional notice shall be given in the same manner as provided for a
rezoning action [see Section 2.4.2(8)(1 )(b)] and by notice published in the newspaper
at least ten (10) days prior to the hearing; provided, however, postina pursuant to
2.4.2(8)(1 )(b) is not required.
Section 5. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 7. That this ordinance shall become effective thirty (30) days after the
adoption of this ordinance.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2005.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
9
ORD. NO. 78-04
~~.:t-!:£. - L .. . " _ ._
:,:~~~. . PLANNING AND ZONIN~ J3ÓAR[iMEMOR~NDUM"' STÂ~F RI;PQRT
~·=;;~",~c.
. . --
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- - - - -
MEETING OF:
DECEMBER 20, 2004
AGENDA ITEM:
IV.E AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION
2.4.2(B), "PUBLIC HEARING REQUIREMENTS", SECTION 2.4.3(A)
"STANDARD APPLICATION ITEMS", SECTION 2.4.5(M) "AMENDMENT
TO THE LAND DEVELOPMENT REGULATIONS", AND SECTION
4.5.1 (C)(4)"DESIGNA TION PROCEDURES" REGARDING PUBLIC NOTICE
REQUIREMENTS
_I'" . ,'" . '.:.
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The item before the Board is that of making a recommendation to the City Commission regarding an
amendment to Land Development Regulations Section 2.4.2 (B) "Public Hearing Requirements",
Section 2.4.3(A) "Standard Application Items", Section 2.4.5(M) "Amenqments to the Land
Development Regulations", and Section 4.5.1 (C) (4) "Designation Procedl!fe'S", to provide for the
elimination of certain notices not required by State Law; adding new public nótice requirements; and by
providing that the conduct of a public hearing shall be in accordance with adopted rules.
Pursuant to Section 1.1.6 an amendment to the LDRs may not be made until a recommendation is
obtained from the Planning and Zoning Board.
II..:~~_.._~"... ~ __~ ._"~-_~:=~"'~~~ '~~ ~~~~~-~~~-~~.~ 9-.~_"Ñ·~~~~~~~_~ __,~~~~~I"~" "-'=-=~~~"" -'.~:~~,~="~==:1
The proposed text amendment is provided to streamline the notification requirements to eliminate
certain notices not required by State Law; and add new notices in keeping with the requests from
citizens; and to utilize the changes in technology to increase the City's ability to inform its citizens of
public hearing items while reducing costs for notification through the elimination of certain published
advertisements_
The ~Iast comprehensive amendment to the notice provisions was completed in 1995, with adoption of
Ordinance 60-95, which provided for certain land development applications to be consistent with
statutory notice requirements. Although the current notice provisions were followed, on several
occasions, the Planning and Zoning department received feedback that citizens were not made aware
of certain land use action occurring within their neighborhood and that certain advertisements (specially
those legal notices which appeared in the classified section of the newspaper), which are published at
a considerable cost to the City, were often overlooked. In addition, some confusion has arisen as to
whether or not amendments to the Land Development Regulations (LDRs) have to be noticed pursuant
to the statutory requirements (which only addresses hearings before the City Commission for use
changes) or whether such amendments have to be noticed before the Planning and Zoning Board
he~ring .
The proposed amendment engages a comprehensive approach to the City's notice requirements.
While it does not change the land use actions which are required to be noticed, it does change the
methods by which public notification for those land use actions will occur. The most significant
changes include the elimination of costly legal advertisements for conditional uses and
P&Z Board Memorandum Staff Report IV. E.
LDR Text Amendment - Regarding Notice Provisions
Page 2
amendments to the LDRs before the Planning and Zoning Board; and the inclusion of methods such as
the posting of properties for conditional uses, rezonings and Future Land Use Map amendments. In
those cases where notices will not be posted, such as with the abandonment of a right-of-way, legal
newspaper advertisements will be maintained. The proposed amendment also includes posting of
notices on the City's web site 10 days prior to the scheduled hearing and the posting of notices at City
Hall.
The proposed ordinance provides that in addition to statutory notice requirements, additional notices
shall be sent in the form of one or more of the following:
(i) Written notice to property owners within five hundred feet (500') of the perimeter of the property
which is the subject of the development application, mailed no later than ten (10) days prior to a
public hearing.
(ii) Notice will be posted on the City's web page at least ten (10) days prior to the scheduled
hearing.
(iii) Notice shall be posted by the City on the affected property by placing one placard visible from
each adjoining right-of-way or on each street block face, at least seven (7) days before the
scheduled hearing. The placard shall be prepared by the City and shall identify the action to be
considered and state the time and place of the hearing. The placard shall be removed by the
City within five (5) business days after the date the public hearing is held. Photographic
documentation of the posted placard shall be placed in the file to document the posting of the
placard.
(iv) The notice will be posted at City Hall.
(v) The notice will be mailed to adjacent property owners twenty (20) days prior to the public
hearing.
(vi) Advertisement in the legal section of a newspaper at least ten (10) days prior to
the public hearing.
Notice provisions not affected by the proposed amendment include the provision of "Special Courtesy"
notices provided to neighborhood association representatives, once an item is set on a board agenda.
'"
The proposed amendment modifies LDR Section 2.4.3(B)(2) to provide that public hearings shall be
conducted in accordance with the rules adopted by the applicable board, or if none has been adopted,
by the Rules of the City COfllmission. Minor revisions have also been made to Section 2.4.3(A)
"Standard Application Items" and Section 4.5.1 (C)(4) "Designation Procedures" to correct references to
certain notice requirements and, to modify Section 2.4.5(M) to correct grammatical inconsistencies and
clarify certain limits for amendments to the Land Development Regulations.
Comprehensive Plan Policies:
Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a finding
that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. As noted previously, this amendment is being initiated more for "housekeeping"
purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically
further the Goals, Objectives, and Po1icies of the Comprehensive Plan, it is not inconsistent with them.
P&Z Board Memorandum Staff Report IV. E.
lDR Text Amendment - Regarding Notice Provisions
Page 3
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The proposal is not site specific and thus does not fall under the review authority of the Community
Redevelopment Agency (CRA); the Downtown Development Authority (DDA); or the Historic
Preservation Board.
I . .' -...-----.-.-----------
'...,....~" . ". .... "-...; .-. ..ï:., '. :::..::IoR"P¡-;.i;O'" ....'7W·E~-N·D'~..E·D' ·-A··õ';:C--:T·I·O··N'"· " ,"... --- .'-
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-- --- . ----- --
By motion, recommend to the City Commission approval of Ordinance 78-04 amending land
Development Regulations Section 2.4.2 (B) "Public Hearing Requirements", Section 2.4.3(A)
"Standard Application Items", Section 2.4.5(M) "Amendments to the land Development Regulations",
and Section 4.5.1 (C) (4) "Designation Procedures", by adopting the findings of fact and law contained
in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets
criteria set forth in Section 2.4.5(M) of the land Development Regulations.
Attachment:
. Proposed Ordinance 78-04
"I
ORDINANCE NO. 78-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 2.4.2(B), "PUBLIC HEARING
REQUIREMENTS", TO PROVIDE FOR ELIMINATION OF
CERTAIN NOTICES NOT REQUIRED BY STATE LAW AND
ADDING NEW PUBLIC NOTICE REQUIREMENTS AND BY
PROVIDING THAT THE CONDUCT OF A PUBLIC HEARING
SHALL BE IN ACCORDANCE WITH ADOPTED RULES; BY
AMENDING SECTION 2.4.3(A), "STANDARD APPLICATION
ITEMS", TO PROVIDE FOR A CORRECT REFERENCE TO
CERTAIN NOTICE REQUIREMENTS; BY AMENDING SECTION
2.4.5(M), "AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS", TO PROVIDE FOR GRAMMATICAL CHANGES
AND CLARIFYING CERTAIN LIMITS FOR AMENDMENTS TO THE
LAND DEVELOPMENT REGULATIONS; AMENDING 4.5.1 (C)(4)
TO PROVIDE THAT NOTICES FOR DESIGNATION OF HISTORIC
SITES OR DISTRICTS WILL CONFORM TO THE NOTICES
GIVEN FOR REZONINGS EXCEPT THE PROPERTY NEED NOT
BE POSTED; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to streamline
the notification requirements that meet state law and provide an improved method and manner of
reaching its citizens; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, adopts the findings
in the staff report; and
'i\
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the
ordinance is consistent with the Comprehensive Plan.
-
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Section 2.4.2(B), "Public Hearing Requirements", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and is hereby amended to read
as follows: .
(B) Public Hearing Requirements: The following notice requirements and
hearing procedures shall be complied with whenever an action before a Board requires
consideration at a public hearing. Where state law expresslv sets forth notice reauirements.
notice provided in accordance with state law is sufficient to meet all leaal notice
requirements despite the additional requirements that may be also required as set forth
below. These requirements are in addition to any requiroments for public hearing notice
\·.'hich aro othof'Nise required by State La~.a: or City Commission proceduros.
(1 )
property o~.\'ners,
follows:
Notice: AU J!Eublic hearings shall be noticed through letters to
logal advertisements, or display ad'lortisements as set forth belo'.'!
(a) Annexations:
(1 ) Non-voluntarv: Notice requirements contained within
applicable sections of Florida Statute Chapter 171 Shall
apply.
(2) Voluntarv: Notice requirements contained within
applicable sections of Florida Statute Chapter 171 aAå
City Charter Soction 2.03 shall apply. In addition, the
same procedures as are used for noticing a rezoning
shall apply.
~
(b) Privatelv Initiated RezoninQ: Notice requirements contained
within the applicable sections of Florida Statutes Chapter 166
shall apply. The City shall mail :3 lotter notice of the Planning
and Zoning Board public hearing to the O\Al/nor( s) of all property
located ~Nithin five hundred f.oet (500') of the perimeter of the
property being rezoned no later than ten (10) calendar days
prior to the public hearing held beforo the Planning and Zoning
Board. Additional notice shall be aiven before the Plannina and
Zonina Board hearina in accordance with Section 2.4.2(B)(1 )(i)
(it (ii). (iii) and (iv).
(c) City Initiated Rezoning: Notice requirements contained within
the applicable sections of Florida Statutes Chapter 166 shall
apply. The City shall provide notice of the Planning and Zoning
Board public hearing in accordance 'Nith Chapter 166, Florida
Statutes, except that letter notices \\fill bo mailed no later than
ten (10) calendar days prior to the public hearing bofore the
Planning and Zoning Board. In cases 'Nhore letter notices are
2
ORD. NO. 78-04
required, notice of the Planning and Zoning B03rd public
hearing shall be m:Jde to the real property o~".'ner 'Nhose land is
being ch3nged as \\'ell as to the o'.vner(s) of all property located
'Nithin five hundred foet (500') of tho perimeter of the property
being rezoned. Additional notice shan be Qiven before the
PlanninQ and ZoninQ Board hearinQ in accordance with Section
2.4.2(8)(1 )(i) (i). (ii). (iii) and (iv).
(d) Principal. Conditional or Prohibited Use Chanaes to the
Text of the Land Development Reaulations: Notice
requirements contained within the applicable sections of Florida
Statutes Chapter 166 shall apply.
(e) Conditional Uses: The City shall provide notice of the public
hearing before the Planning and Zoning Board to the o':.'ners of
all property loc3ted \A.'ithin five hundred feet (500') of the
perimeter of the property on \AJhich the conditional use 'Nil!
oper:Jte. Notice shall be m:Jilod no l:Jter th:Jn ten (10) calendar
days prior to tho public hoaring before tho PI3nning and Zoning
Board. In addition, a public notico shall be published in the legal
section of :J nov.'spaper and shall appo:Jr no l:Jtor than ten (10)
calend:Jr d:JYs prior to s:Jid public hearing beforo the PI:Jnning
and Zoning Board in accordance with Section 2.4.2(8)(1 )(i) (i).
(ii). (iii) and (iv).
(f)
Variances Before the Board of Adiustment: The City shall
provide notice of the public hearing beforo the Board of
/\djustment to the o\\'ners of all property loc3tod 'Nithin fivo
hundred feet (500') of the perimeter of the property on ,tlhich the
v3riance is being sought. Notice shall be mailed no 13ter than
ten (10) c:Jlond:Jr days prior to the public hearing before the
BO~lrd of Adjustment in accordance with Section 2.4.2(8)(1 )(i)
(i). (ii) and (iv).
"
(g) Variances Before the Historic Preservation Board: Notice
shall be Qiven in accordance with Section 2.4.2(8)(1 )(i) (i). (ii)
and (iv) by m:JiI in the same manner as in Subsoction
2. -1 .2(B)(1 )(f).
(h) Amendments to the Comprehensive Plan: Notice
requirements pursuant to Florida Statutes Chapter 163 shall
apply. In addition31, notice for proposed changes to the future
3
ORD. NO. 78-04
Land Uso M3p sh311 bo noticod in the S3mo manner 3S in
Soction 2.4.2(B)(1 )(b) or (c), 3S appropri3to. In addition. notice
will be Qiven in accordance with Section 2.4.2(8)(1 )(i) (it (in. (iii)
and (iv).
(i) Riaht-of-Wav Abandonments: The City sh311 notify 311 3butting
property OtNnOrs by cortified mail. S3id notico shall be mailed
no later th3n t\·.~enty (20) c310ndar d3Ys prior to tho A public
hearing will be held before the Planning and Zoning 80ard. A
notice of a public hearina shall be Qiven in accordance with
Section 2.4.2(8)(1 )(i) (it (ii). (ivt (v) and (vi). In addition. +!he
notice shall describe the property to be abandoned and shall
generally describe the obligations that will accrue to the property
owners if the abandonment is approved. Tho City shall 31so
provide notico of tho public hoaring bef{)re the Planning and
Zoning Board to the O\·.~ners of 311 property locatod 'Nithin fivo
hundrod foot (500') of tho perimeter of tho property ':.'hich is to
be 3bandonod. Said notice sh311 bo mailed no later than ton
(10) calond3r days prior to the public h03ring before tho
Planning 3nd Zoning B03rd. In 3ddition, 3 public notico sh311 be
published in tho logal section of 3 notNspaper 3nd shall appear
no 13ter than ton (10) c31ond3r days prior to s3id public hearing
boforo tho PI3nning 3nd Zoning Board.
ü) Other Additional Public Notice Hearings: When a section of
these Land Development Reaulations requires additional notice
pursuant to this section. the additional notice shall be sent in
accordance with one or more of the followina:
(i) Written notice to property owners within five hundred feet
(500') of the perimeter of the property which is the
subiect of the development application. mailed no later
than ten (10) days prior to a public hearina.
-
(ii) Notice will be posted on the City's web paae at least ten
(10) days prior to the scheduled hearina.
(iii) Notice shall be posted by the City on the affected
property by placinq one placard visible from each
adioinina riaht-of-way or on each street block face. at
least seven (7) days before the scheduled hearina. The
placard shall be prepared by the City and shall identify
4
ORD. NO. 78-04
the action to be considered and state the time and place
of the hearina. The placard shall be removed by the City
within five (5) business days after the date the public
hearina is held. Photoaraphic documentation of the
posted placard shall be placed in the file to document the
postina of the placard.
(iv) The notice will be posted at City Hall.
(v) The notice will be mailed to adiacent property owners
twenty (20) days prior to the public hearina.
(vi) All othor public hearings roquirod in tho implomentation
or 3mendment of those Land Developmont Rogul3tions
sh311 bo advortisod in tho logal section of 3 ne~t.#sp3por at
loast ten (10) days prior to the h03ring. Advertisement in
the leaal section of a newspaper at least ten (10) days
prior to the public hearina.
(k) Concurrent Notice: When it is necessary to provide a Iettef
notice of a public hearing for multiple hearings before one or
more bodies, said notice may be combined within a single tetteF
notice.
(I) Form of Notice: Any notice for a public hearing, ~Nhother
advortisemont or lettor, shall, at a minimum, contain the
following:
--
ill Date and time of the public hearing,
!ill Location of the property which is the subject of the
hearing. and
(iii) Identification of the location of information about the
subject of the public hearing.
(m) Newspaper Preference: There is no legislative preference
pertaining to the publication of required notices provided that the
newspaper is published at least five days per week.
(n) Establishment of Mailina List: Whenever notice is to be
provided by a letter, the owners of property to be notified shall
be considered to be those recorded on the latest official county
5
ORD. NO. 78-04
tax roll. A list of such owners along with their mailing addresses
shall be provided as a part of the development application and
shall be accompanied by an affidavit stating that to the best of
the applicant's knowledge, the list is complete and accurate.
The list shall be accompanied by a drawing showing all property
lying within five hundred feet (500') of the property under
consideration, and mailing labels that would include the property
owners name and mailing addresses.
(0) Chanae in Proiect: During the course of processing, a
development request, which requires public hearing notice, may
be changed by the applicant without requiring renotice, provided
that:
ill The change is not to a new zoning designation which is
deemed as to accommodate more intensive use; or
!ill The change does not allow the introduction of a new type
of use or another use which, in and of itself, is subject to
a public hearing.
(2) Conduct: The general conduct of a public hearing shall be in
accordance with the follo~::ing provisions rules adopted bv the applicable board or if none
has been adopted, bv the Rules of the City Commission.
(a) Format: The follo)Jling format shall be used; hO~J:ovor,
~,/ariations may be imposed by tho Chairperson in £peCÎal
circumstancos.
~
~
<b. ~
~
~
~
Idontification of item by tho Chairpórson;
Prosentation by staff;
Presentation by the applicant or agent;
Opening of the Public Hearing and taking of testimony
from the general public;
J\cceptance of final comments from the applicant or
agont;
Closing of tho Public hearing.
(b) Representation: Any party '.'lith an interest in the matter
subject to a public hearing has a righJ to speak and be heard
either in person or by representation by an agent or attorney.
The length of time allov/ed for such presentations may be
limited by the Chairperson. Board Momber£ have the right to
6
ORD. NO. 78-04
question 3ny porson providing testimony oither during or after
the public hoaring.
Section 2. That Section 2.4.3, "Public Hearing Requirements", of the land
Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
Section 2.4.3 Submission Reauirements
This Section sets forth items which are to accompany an application for development
approval. These requirements may be waived when, on a case by case basis, the
Director finds that such material is not relevant or necessary to fully analyze or make a
determination relative to an application. Also, the Director may require submission of
additional information as set forth herein.
(A) Standard Application Items: Every application for a development approval
shall contain the following items:
(1) A completed application form, appropriate for the development
approval which is sought, as provided by the Director.
(2) A copy of the latest warranty deed, as recorded with the County Clerk,
for all the property under consideration, and a certificate from an attorney-at-law or a title
insurance company certifying who the current fee simple title holders of record of the
subject property are, and the nature and extent of their interest therein.
(3) If the applicant is other than a single person owner, the written
consent of the owner( s) must be provided in a certified form. When an application is
executed on behalf of a corporation or a business entity, documentation must be provided
which demonstrates that the corporation's representative is authorized to act on behalf of
the corporation.
(4) A vicinity map which clearly shows the subject property, adjacent
properties, and their relationshlp to streets located within one-half mile of the property.
(5) A surveyor plat which shows the property described pursuant to the
legal description contained in the warranty deed required in subsection (2), above. Such
surveyor plat shall show all improvements on the property and must be certified as
reflecting conditions on the site as they existed within six (6) months prior to the filing of
the application.
7
ORD. NO. 78-04
(6) For all items which involve a public hearing which must be noticed by
letter, a list of adjacent property owners pursuant to Section 2.4.2(B)(1 Xm).úJ.}.
(7) Copy of a letter of notification to utility providers to which a copy of the
site plan or plat is provided. (Standard form letter provide by the City). [Reference
2.4.2(C)(2)(a)].
(8) Payment of the appropriate processing fee. See Section 2.4.3(K) for
the fee schedule.
(9) A completed "School District of Palm Beach County - School
Concurrency Application and Service Provider Form", and a check or money order for the
appropriate fee, made payable to: The School District of Palm Beach County. This is
required for all projects which include residential dwelling units.
Section 3. That Section 2.4.5(M), "Amendment to the Land Development Regulations",
of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(M) Amendment to the land Development Reaulations:
(1) Rule: Amendments to the Land Development Regulations may be
initiated by the City Commission, Planning and Zoning Board or City Administration or by
an individual~ i9f Aan individual may request an amendment pursuant to the following
procedures:
(2) Reauired Information:
(a) Submission of A ª formal letter of written request which
references the subject LDR section and provides a rationale for
the requested amendment; and
(b) A QQraft of the proposed ordinance including language to be
amended: and
(c) By providinQ an Aªnalysis of the amendment and its potential
impacts including support documentation such as exhibits,
graphs, similar ordinances from other municipalities, etc.. and
(d) Submission of the PQrocessing fee pursuant to LDR Section
2.4.3(K).
8
ORD. NO. 78-04
(3) Procedure: An amendment to the lDRs shall be processed through
the following sequence:
(a) Receipt and certification as complete;
(b) Consideration at a public hearing before the Planning and
Zoning Board.
(c) Forwarding of a recommendation for 3pproval to the City
Commission and consideration at first reading of the enacting
ordinance;
(d) Public Hearing before the City Commission and adoption or
rejection at second reading.
(4) Conditions: The proposed language for the amendment to the lDRs
may be altered by the Planning and Zoning Board or the City Commission.
(5) Findinas: In addition to provisions of Section 1.1.6(A), the City
Commission must make a finding that the text amendment is consistent with 3nd furthors
the G031s, Objectives 3nd Policies of the Comprehensive Plan.
(6) Limitations of Amendments: Except for City initiated amendments.
Wwhenever the City Commission has denied an application for an amendment to the land
Development Regulations, the City Commission shall not thereafter consider any further
application for the same type of individuallv initiated amendment for a period of twelve (12)
months from the date of such action.
The time limits stated above may be waived by three (3) affirmative votes of
the City Commission when such action is found and deemed necessary to prevent injustice
or to facilitate the proper development of the City. Further, the above limitations shall not
apply to a petition which expires during processing or denied in a manner deemed as
"without prejudice".
Section 4. That land Development Regulation 4.5.1 (C)(4) is hereby amended to read
as follows:
(4) Upon completion and formal review of the report, the Board shall set a public
hearing on each proposed designation. Notice of said hearing shall be made to the owner
of affected property at least ten (10) days prior to the hearing by certified reQular mail.
Additional notice shall be given in the same manner as provided for a rezoning action [see
9
ORD. NO. 78-04
Section 2.4.2(8)(1 )(b)] and by notice published in the newspaper at least ten (10) days
prior to the hearing: provided, however, postinQ pursuant to 2.4.2(8)(1 )(b) is not reauired.
Section 5. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 7. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2004.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
'\
10
ORD. NO. 78-04
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER!l1(
AGENDA ITEM # \0 ~ - REGULAR MEETING OF JANUARY 18_ 2005
ORDINANCE NO. 2-05
TO:
FROM:
DATE:
JANUARY 14,2005
This ordinance is before the Commission for second reading and public hearing to amend Chapter 34,
"Elections", Section 34-01, "State Law to Govern", to "opt-out" of the provisions of Section 1 01.657,
Florida Statutes, the early voting requirements.
At the ftrst reading on January 4, 2005, the Commission passed Ordinance No. 2-05.
Recommend approval of Ordinance No. 2-05 on second and final reading.
S:\City Clerk\agenda memos.Ord 2-05 Early Voting Reqillrements Exemptton.Ol.18.05
~
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE
2()():\,W I....t AVENl'¡:: . DELRAY BEACH. FLORIDA 33444
TELFPHO:\E: )61 !2-+~-70Y() . FACSI\lILE: )6 J /278-.+755
DElRA Y BEACH
Writer's Direct Line: 561/243-7091
F lOR I [l A
....
All-America City
, , III! DATE:
1993 TO:
2001
MEMORANDUM
December 28, 2004
City Commission
David Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
Exemption from Early Voting Requirements for Municipal Electionsl
Ordinance 02-05
SUBJECT:
Recently, the Department of State opined that a municipality may "opt out" of early
voting requirements, by ordinance. Attached is a letter from the Department of
State, Division of Elections on the matter.
Currently, the City's ordinance states that state statutes shall govern municipal
elections. In order to not conduct early voting for municipal elections, Ordinance
No. 02-05 is provided for your consideration.
Chevelle Nubin, City Clerk will be providing additional information. Please place
this ordinance and backup information on the January 4, 2005 City Commission
a da
Attachment
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5985 Tenth Avenue North
Greenacres, FL 33463-2399
(561) 642-2017
(561) 642-2004 Fax'
Email: grpadm@cl.greenacres.fl.us
Samuel J. Ferreri
Mayor
Wadle Atallah
City Manager
City of Greenacres
November 10, 2004
Ms. Sharon Larson, Esquire
Department of State
Division of Elections
R. A. Gray Building
500 South Bronough
Tallahassee, FL 32399-0250
FfËCË/V€D
DEe 1
3 200~
CITy CLERK
URG.ENT RESPONSE. REQUESTED
RE: EarlyVoting - F.S. 100.3605(1) and F.S. 101.657(1}(a}
Voting Methods and Procedures as it applies to Municipal Elections
Dear Ms. Larson:
During a Florida Association of City Clerks (F ACC) Conference, there was a
presentation given by a County Supervisor of Elections relative to Early Voting
requirements as it applies to municipalities. For municipal elections, the City Clerk is the
Filing Officer for candidates and is the Municipal Supervisor of Elections.
The County Supervisor of Elections presenter at the F ACC conference stated she was
advised by the Florida Division of Elections that, with the enactment of Senate Bills 2346
and 516, the laws requiring early voting would apply to municipalities.
(Requirements to include early voting in his/her office at least eight (8) hours per
weekday, beginning fifteen (15) days prior to an election; and also, would have to
include eight (8) hours of voting on two weekends prior to the election. The voting in the
office would have to be done on an specific unit, and the City Clerk would be required to
submit written Security Procedures to the Division prior to beginning the early voting (not
sure of the time frame to submit.)
F.S. Section 100.3605 (1), states:
(1) The Florida Election Code, Chapters 97 -106, shall govern the conduct of a
municipality's election in the absence of an applicable special act, charter, or
ordinance provision. No charter or ordinance provision shall be adopted which
conflicts with or exempts a municipality from any provision the Florida Election
Code that expressly applies to municipalities.
Palm Beach County has thirty-seven (37) municipalities that prepare for and conduct
Municipal Elections, most of them holding their elections in March. The Municipal
Clerks are in the process of preparing for their Municipal Elections now and are
concerned about "how early voting requirements apply to municipalities". Our county
has very small, medium and large sized municipalities; and therefore, the early voting
legislation brings a variety of questions.
Richard C. Radcliffe
Councilman
District I
Peter A. Noble
Councilman
District "
Charles E. Shaw
Councilman
District III
Theresa L. Whalen
Councilwoman
District IV
Michael V. Mortimer
Councilman
District V
· ..
Division of Elections - Early Voting Requirements
Page 2
Therefore, on behalf of the Palm Beach County Municipal Clerks Association and the
City of Greenacres, I respectfully request an official response from the Division of
Elections regarding the following early voting legislation: \
Question 1.) Are municipalities required to provide early voting for electors prior to a
municipal election; or can the municipality "opt ouf'?
Question 2.) If a municipality decides to provide early voting, must the municipality fully
comply with the statutory requirements of the Election Code, including the
provision of providing written "Security Proceduresn that must be
submitted to the Division of Elections prior to early voting. What is the
time frame for submittal of Security Procedures? (# _ days before
early voting.)
F .S. Section 101.657 t states:
"In order for a branch office to be used for early voting, it shall be a full-
service facility of the supervisor and shall have been designated as such
at least 1 year prior to the election.n
Question 3.) What is the definition of a nbranch otficen and a "full-service facility of the
supervisor" referenced in this section?
It would be appreciated if you could respond to these questions as soon as possible.
There are many concerns that need to be addressed if early voting is applicable and
required for municipalities, especially if there is no "opt ouf' or "exemptionn provision.
Thank you in advance for your assistance and early response.
Sincerely,
'£;,/ø
ondra K. Hill, CMC
City Clerk
PBC Municipal Clerks Association
Board Member
cc: Wadie Atallah, City Manager
Deborah S. Manzo, Assistant City Manager
e~,' v"~
,/~ · - H...
1/ ~8¿' ~UQIA
Jeb Bush
Governor
STATE OF FLORIDA
DEPARTMENT OF STATE
DIVISION OF ELECTIONS
Glenda E. Hood
Secretary of State
November 24, 2004
-. r .
Sondra K. Hill, CMC
City Clerk
City of Greenacres
5985 Tenth Avenue North
Greenacres, F133463-2399
:~-tECE'VED
DEC 1 3 2004
CIT\{ CLERK
Drc 0 1 2004
j
¡
I
_-J
Dear Ms. Hill:
This is in response to your recent letter regarding early voting requirements and their
applicability to municipal elections.
As you know, the early voting provisions contained in section 101.657, Florida Statutes,
went into effect on July 1, 2004 of this year. -
First, the early voting provision does not expressly apply to municipalities. As a result,
pursuant to section 100.3605(1), Florida Statutes, a municipality holding an election may
choose to "opt out" of conducting early voting through a charter or ordinance provision.
Second, if a municipality does not opt out of section 101.657, Florida Statutes, then the
municipality would be subject to all of the requirements associated with early voting,
including the filing of security procedures (which pursuant to section 101.015(4)(c),
Florida Statutes, ar~ due .45 days prior to the commenée¡µent of early yoting). However,
a municipality by charter or ordinance can specify their· own process and procedure for
the conduct of early voting as it relates to their municipal elections. So as an alternative
to totally opting out, they could create a shorter time period for early voting, etc.
However, for election integrity purposes you would still want to create security
procedures with regard to early voting, but you could specify a different place for them to
be filed.
Finally, although section 101.657, Florida Statutes, does not define the terms "branch
office" or "full service facility of the supervisor," a reading of the section in its entirety
makes it clear that the Legislature was trying to specify that Supervisors could only use
real branch county supervisor of elections offices which had been in existence for some
R.A. Gray Building, Room 316 · 500 S. Bronough Street · Tallahassee, Florida 32399-0250 · (850) 245-6200
FAX: (850) 245-6217 · http://www.dos.state.fl.us · E-Mail: DivElections@dos.state.jl.us
..
"
Ms. Sondra K. Hill
November 24, 2004
Page 2
time (ie. the 1 year and full sérvice requirements) and not ones being created solely for
the purpose of conducting early voting.
Please do not hesitate to contact me if I can be of further assistance.
Sincerely,
~t~
Sharon D. Larson
Assistant General Counsel
SDUabt
IIEI~ - ~t:- ~lJlJ...f 1 S: 36
':.UF'EF'I I I ':,oF' OF ELEI~ T I Ot E,
St.l t.St. t.~t:7
F'.lJ~
,
· Staffing: 4 - 6 Poll Workers per location at a rate of $12.00 per hour.
(Approximate cost $8,640.00)
· Training Cost - $10.00 per hour. (Approximate cost $600.00)
· Advertising
· Provisional Ballots and Envelopes ($75.00 - $100.00)
· Miscellaneous Office Supplies
~G\c\i ~ ~ j ~\)%
TOTHL F'.02
ORDINANCE NO. 2-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 34, "ELECTIONS", SECTION 34.01, "STATE
LAW TO GOVERN", EXEMPTING ITSELF FROM THE
PROVISIONS OF SECTION 101.657, F.S., SPECIFICALLY
RELATED TO EARLY VOTING; PROVIDING FOR
RELETTERING; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE
DATE.
WHEREAS, the Florida Legislature has adopted revisions to Section 101.657 of the Florida
Statutes, which relates to early voting; and,
WHEREAS, State law, F.S. 100.3605(1) allows cities to "opt out" of the provisions of
Section 101.657, the early voting requirements, by adopting an ordinance stating its intent to "opt
out" of the early voting provisions; and,
WHEREAS, the City of Delray Beach feels that it is in the best interest of its citizens to "opt
out" of the early voting provisions contained in Section 101.657 F.S.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA:
Section 1.
herein.
The recitations set forth above are hereby incorporated as if fully set forth
Section 2.
follows:
That Section 34.01, "State Laws to Govern", is hereby amended to read as
Section 34.01. State Laws to Govern.
.(A). All elections, except as otherwise provided by the Charter and ordinance, shall
be conducted according to the principles adopted for the State Election Code".
.(ill. Notwithstanding Section 34.01 (A) above or other ordinances to the contrar.y.
the Cit;y of Delray Beach exempts itself from the early voting requirements of Section 101.657. F.S.
for municipal elections and shall not conduct early voting for Cit;y of Delray Beach municipal
election.
Section 3. That should any section or proVlslon 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 all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and fmal reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2005.
MAYOR
ATTEST:
CI1Y CLERK
First Reading
Second Reading
2
ORD NO. 2-05
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CI1Y MANAGER 1/11
AGENDA ITEM # \ ~A.. - REGULAR MEETING OF JANUARY 18_ 2005
ORDINANCE NO. 77-04 (PUBLIC ART PROGRAM)
TO:
SUBJECT:
DATE:
JANUARY 14,2005
Regarding the attached Ordinance No. 77-04 establishing a Public Art Program, I have some concerns
about the "Capital Improvement Project" defmition. Specifically, the defmition excludes infrastructure
projects, and I do not know what is meant by infrastructure projects. The defmition also excludes projects
funded by enterprise funds. Enterprise funds sometimes fmance buildings, such as ground storage tanks
for our water system or the golf course clubhouse. When enterprise funds fmance buildings, I think such
projects should be included.
Staff will work on these issues before the Commission meeting Tuesday evening, and may have some
amendments to offer at that time.
S:\City Clerk\agenda memos\Ord 77-04 Pubhc Art Program.01.18.0S
óf(
~
SUBJECT:
CITY COMMISSION DOCUMENTATION
D~R~' Y!V'ANAGER
PAUL DORLING, DI TOR OF PLANNING AND ZONING
MEETING OF JANU Y 18, 2005
CITY-INITIATED LDR AMENDMENT INVOLVING THE ENACTMENT OF
ARTICLE 8.5 ESTABLISHING A "PUBLIC ARTS PROGRAM; BY
ESTABLISHING A PUBLIC ARTS ADVISORY BOARD; AND PROVIDING
GENERAL PROVISION FOR ITS ORGANIZATION AND OPERATION; AND
AMENDING THE DEFINITION SECTION OF THE LDRS."
TO:
FROM:
BACKGROUND
The proposed amendment requires the City to appropriate 1.5°,fo of the total eligible construction
costs to be used for artist design services and for the selection, acquisition and display of
artworks, and for the administration of the public arts program. Eligible appropriations include
appropriations for capital improvement projects, eligible bond projects, grant-funded projects,
and other eligible capital projects funded from other sources, but exclude appropriations for
infrastructure improvements.
The ordinance would establish a Public Art Advisory Board created for the purpose of advising
and making recommendations to the City Commission with respect to public art policy and
related issues including, but not limited to, the selection, construction and placement of public
art inIon City right-of-way and City owned property. The ordinance also amends Appendix A,
"Definitions", section of the Land Development Regulations providing definitions of "Artist" or
"Professional Artist", "Artwork", "Works of Art", "Capital Improvement Project", and "Public Art".
The amendment meets the goals, objectives and policies of the Comprehensive Plan including
Future Land Use Element Objective C-3, Future Land Use Element Policy C-3.1, Future Land
Use Element Objective C-4, and Future Land Use Element Policy C-4.2.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board considered the request at their meeting of December 20, 2004
and unanimously recommended approval. The proposed amendment was reviewed by the
CRA on December 9, 2004 and they recommended approval. The DDA also reviewed the
amendment at their December 13, 2004 meeting and recommended approval.
RECOMMENDED ACTION
By motion, approve the proposed amendment to enact a new Article 8.5 establishing a Public
Arts Program, establishing a Public Arts Advisory Board, providing general provisions for the
organization and operation and amending the definition section of the LDR by adopting the
findings of fact and law contained in the staff report and finding that the request is consistent
with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5 (M) (5).
Attachment: Proposed Ordinance
ORDINANCE NO. 77-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY ENACTING ARTICLE 8.5, "PUBLIC
ART", BY ESTABLISHING A PUBLIC ARTS PROGRAM;
BY ESTABLISHING A PUBLIC ART ADVISORY BOARD;
PROVIDING GENERAL PROVISIONS FOR ITS
ORGANIZATION AND OPERATION; BY AMENDING
APPENDIX "A", "DEFINITIONS", PROVIDING FOR
CERTAIN TERMS REGARDING THIS ORDINANCE;
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 proposed text amendment at a public hearing held on
December 20, 2004, and voted 5 to 0 to recommend that the changes be
approved; 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 goals, objectives and policies of the
Comprehensive Plan.
WHEREAS, the City of Delray Beach recognizes that a superior and diverse
aesthetic character of the city's built environment is vital to the quality of the life of its
citizens, the economic success of its businesses, an attraction for visitors and a benefit
to tourism; and that a public arts program would contribute to the aesthetic
enhancement of the community;
WHEREAS, the City shall create a public arts program that reflects and
enhances the City's diversity, character and heritage through the artworks and designs
by artists integrated in the architecture, streets and landscape throughout Delray Beach;
WHEREAS, the City Commission of the City of Delray Beach deems it to be in
the public's interest to promote the welfare and advancement of the community through
the creation of the Public Arts Program.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Article 8.5, "Public Art", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida is hereby enacted to read
as follows:
\ \\~OS ~~
Q~~\~ <:::)~d. N().'l1..0Y :::C~ \~,A
Article 8.5
Public Arts Proaram:
Section 8.5.1
Establishment of Public Arts Proaram:
(A) PurDose The City Commission desires to establish a Public Arts
Program. The City desires to use part of the Capital Improvement Project dollars to
incorporate art in certain public projects.
(B) ADorooriation of CaDitallmDrovement Proiect lCIP) Funds
(1) The City will appropriate 1.5% of the total eligible construction costs
to be used for artist design services and for the selection, acquisition and display of
artworks, and for the administration of the public art program. Eligible appropriations
include appropriations for capital improvement projects, including eligible bond projects,
eligible grant-funded projects, other eligible capital projects funded from other sources,
but excluding appropriations for underaround infrastructure improvements. which
include. but are not limited to water mains. sewer main. storm drainaae. wastewater or
any other underaround utilitv. The involvement of public art in a capital improvement
project is optional for capital projects of less than two hundred thousand dollars
($200,000.00); however, 1.5% of the cost of the projects will be retained for public art
and these funds will be pooled for other art projects. If the funding source specifically
restricts the use of the monies, then that portion of the funding shall not be included for
the basis for the art fee.
(2) Notwithstanding the foregoing, funds appropriated for one capital
improvement project, but not deemed necessary or appropriate by the City Commission
in whole or in part for that project, may be expended on other public art projects
approved by the City Commission, subject to bond restrictions, legal or grant
restrictions. The monies appropriated under this ordinance may be used for artist design
services, for the development of design concepts and models, for the selection,
acquisition, purchase, commissioning, placement, installation, exhibition, maintenance,
and display of artworks. Artworks may be temporary or permanent, may be integral to
the architecture or may be incorporated into the capital improvement project.
(C) Ownershio and Maintenance
(1) The City will own all the rights to the art produced under the Public
Arts Program, subject to the provisions of the Visual Artists Rights Act of 1990. All
contracts with artists and all art purchases will require the artist to waive the following
restrictions:
(i) Photographic reproduction rights;
(ii) Right to remove/relocate art;
(iii) Right to repair art in case of emergency.
Artist will retain the copyright and the right to be notified if the work is to be destroyed,
or modified or radically repaired on a nonemergency basis.
(2) City will retain ownership of proposal models or drawings of
commissioned art.
(3) Maintenance will be the responsibility of the City.
Section 8.5.2 Public Art Advisory Board:
(A) The Public Art Advisory Board is hereby established as an advisory body
to the City Commission pursuant to the provisions set forth herein and shall render an
advisory opinion to City Commission regarding, but not limited to, the following:
(1) The suitability of the construction project as a location for works of
art;
(2) The nature of the works of art which are most appropriate for the
construction project; and
(3) The best method for securing the recommended works of art.
(B) The Public Art Advisory Board is hereby created for the purpose of
advising and making recommendations to the City Commission with respect to public
art policy and related issues including, but not limited to, the selection, construction
and placement of public art in/on City right-of-way and City owned property. The
Advisory Board, when making its recommendation, shall consider the following
guidelines:
(1) Whether the proposed public art conforms to the definition of
public art;
(2) Whether the proposed public art is compatible with the
neighborhood and not injurious to the neighborhood or otherwise
detrimental to the public welfare;
(3) Whether the proposed public art presents a safety hazard to the
public;
(4) Whether the proposed public art is of exceptional quality and
enduring value;
(5) Whether the proposed public art serves to further the City's goal
of promoting cultural diversity;
(6) Whether the proposed public art is appropriate to the site;
(7) Whether the proposed public art should be installed at the
proposed location on a site or at a different location;
(8) Whether the proposed public art requires extraordinary
maintenance, such as any special servicing due to periodic
adjustment, repairing, or repair or replacement of moving parts.
(C) The Public Art Advisory Board shall consist of seven (7) members.
Three seats on the board must be filled with either an artist, architect, landscape
architect or engineer. The appointing body shall endeavor to appoint as many
disciplines as possible to the board. Lay persons of knowledge, experience and
judgment who have an interest in public art shall make up the balance of the board.
The City Commission shall appoint all members of the Public Art Advisory Board.
(D) The members of the Public Art Advisory Board shall serve for terms of
two (2) years, except that the members of the first board to serve shall be appointed so
that three (3) members shall serve one (1) year terms and four (4) members shall serve
two (2) year terms. It is further provided that no member may serve more than two
successive terms on the Public Art Advisory Board.
(E) The Public Art Advisory Board shall make recommendations to the City
Commission regarding constructing, placing or installing public art into CIP projects.
(F) The Public Art Advisory Board shall be organized and shall operate as
follows:
(1) The Public Art Advisory Board shall elect a Chairperson and
Vice-Chairperson to preside at its meetings and any other officers
the board may deem necessary.
(2) The Public Art Advisory Board shall hold meetings on a regular
basis at least once monthly, if necessary, which meetings shall be
open to the public. Minutes shall be kept of all such meetings, and
any special meetings, with copies of said minutes and any other
reports to be transmitted to the City Commission and the City
Manager.
(3) The Public Art Advisory Board shall have technical and logistical
support provided as designated by the City Manager.
(4) The Public Art Advisory Board shall review and make
recommendations on all CIP projects, above $200,000.00, (it may
review, in its discretion, CIP projects under $200,000.00), to the
City Commission.
(5) The Public Art Advisory Board shall be subject to the provisions of
Chapter 32, "Departments, Boards and Commissions", of the
Code of Ordinances and Article 2.2, "Establishment of Boards
Having Responsibilities for Land Development Regulations", of the
Land Development Regulations of the of the Code of Ordinances
of the City of Delray Beach, except as provided is Section 8.5.
Section 2. That Appendix A, "Definitions", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida is hereby amended by
adding the following definitions to read as follows:
"Artist" or "Professional Artist" means a practicing fine artist, generally
recognized by critics and peers as a professional of serious intent and ability.
Indications of a person's status as a professional artist include, but are not limited to,
income realized through the sole commission of artwork, frequent or consistent art
exhibitions, placement of artwork in public institutions or museums, receipt of honors
and awards, and training in the arts.
"Artwork" or "Works of Art" means tangible creations by artists exhibiting the
highest quality of skill and aesthetic principles and includes all forms of visual art
conceived in any medium, material, or combination thereof, including paintings,
sculptures, statues, engravings, carvings, frescos, stained glass, mosaics, mobiles,
tapestries, murals, photographs, video projections, digital images, bas-relief, high relief,
fountains, kinetic, functional furnishings such as artist designed seating and pavers,
architectural elements designed by an artist, and artist designed landforms or landscape
elements.
"Capital I mprovement Project" means all construction projects, excluding
underaround infrastructure projects (which include. but are not limited to water mains.
sewer main. storm drainaae. wastewater or any other underaround utilitv), included in
the City's Capital Improvement Annual Plan involving construction of new capital
facilities, additions to capital facilities, or major remodeling of capital facilities. Land,
equipment purchases, repair, software, personal property purchases and maintenance
costs are excluded. /\Iso excluded :Ire projects th:lt are funded by entorpriso funds.
"Public Art" means Artwork or Works of Art that are located in the public right-of-
way or on City owned property or located on structures that are located in the public
right-of-way or on City owned property.
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 all ordinances or parts of ordinances in conflict herewith
be, and the same are hereby repealed.
Section 5. That this ordinance shall become effective upon adoption on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of ,200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
ORDINANCE NO. -04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY ENACTING ARTICLE 8.5, "PUBLIC
ART", BY ESTABLISHING A PUBLIC ARTS PROGRAM;
BY ESTABLISHING A PUBLIC ART ADVISORY BOARD;
PROVIDING GENERAL PROVISIONS FOR ITS
ORGANIZATION AND OPERATION; BY AMENDING
APPENDIX "A", "DEFINITIONS", PROVIDING FOR
CERTAIN TERMS REGARDING THIS ORDINANCE;
PROVIDING A GENERAL REPEALER CLAUSE, A
SAVINGS CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on December 20, 2004,
and voted 5 to 0 to recommend that the changes be approved; 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 goals, objectives and policies of the Comprehensive
Plan.
WHEREAS, the City of Delray Beach recognizes that a superior and diverse
aesthetic character of the city's built environment is vital to the quality of the life of its
citizens, the economic success of its businesses, an attraction for visitors and a benefit
to tourism; and that a public arts program would contribute to the aesthetic
enhancement of the community;
WHEREAS, the City shall create a public arts program that reflects and
enhances the City's diversity, character and heritage through the artworks and designs
by artists integrated in the architecture, streets and landscape throughout Delray Beach;
WHEREAS, the City Commission of the City of Delray Beach deems it to be in
the public's interest to promote the welfare and advancement of the community through
the creation of the Public Arts Program.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Article 8.5, "Public Art", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida is hereby enacted to read
as follows:
Article 8.5
Public Arts Proaram:
UlLRAY 8lACH
Ít....A~~
;¡¡¡r
PLANNING AND ZONING BOARD
MEMORANDUM STAFF REPORT
[)ELRAY BEACH
~
iiiir
1<¡'n
~Ol1l
1 t)q)
2001
MEETING DATE: DECEMBER 20,2004
AGENDA ITEM: IV.D. - CITY-INITIATED LDR AMENDMENT INVOLVING THE
ENACTMENT OF ARTICLE 8.5 ESTABLISHING A" PUBLIC ARTS
PROGRAM; BY ESTABLISHING A PUBLIC ARTS ADVISORY
BOARD; AND PROVIDING GENERAL PROVISION FOR ITS
ORGANIZATION AND OPERATION; AND AMENDING THE
DEFINITION SECTION OF THE LDRS.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to the Land Development Regulations that will enact a new
Article 8.5 to create a Public Arts Program, pursuant to LOR Section 2.4.5(M)(5).
Pursuant to Section 1.1.6 (A), an amendment to the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND
On August 20, 2002, following a recommendation by Richard McGloin, the City
Commission established a Public Arts Task Force via Resolution No. 67-02. The purpose
of the Task Force was to identify the methods, process, criteria and potential funding
sources for incorporation of pubic art into future development projects within the City. A
draft proposal for a Public Arts Program in Delray Beach was produced on February 28,
2003.
At the City Commission workshop, held on April 8' 2003, the Task Force provided a
presentation outlining its findings and recommendations. On April 15, 2003, the City
Commission established the Public Arts Implementation Committee via Resolution No. 26-
03. The purpose of the Committee was to establish the not-for-profit corporation to
administer the program and to work with City staff to outline procedures necessary to
implement the City Public Arts Ordinance.
On July 13, 2004 the Public Arts Implementation Committee presented their
recommendations to the City Commission at a special workshop. These recommendations
have been incorporated into the ordinance creating the Public Arts Program now before
the Board for recommendation.
IV.F
Planning and Zoning Board Staff Report
LDR Amendment -Public Arts Ordinance
Page 2
ANALYSIS
The purpose of the proposed Delray Beach Arts Program is to reflect and enhance the
City's diversity, character and heritage through the artworks and designs of artists in
architecture, infrastructure and landscape throughout Delray Beach on public and private
property.
The amendment requires the City to appropriate 1.5% of the total eligible construction
costs to be used for artist design services and for the selection, acquisition and display of
artworks, and for the administration of the public arts program. Eligible appropriations
include appropriations for capital improvement projects, including eligible bond projects,
eligible grant-funded projects, other eligible capital projects funded from other sources, but
excluding appropriations for infrastructure improvements. The involvement of public art in
a capital improvement project is optional for capital projects of less than two hundred
thousand dollars ($200,000.00); however, 1.50/0 of the cost of the projects will be retained
for public art and these funds will be pooled for other art projects. If the funding source
specifically restricts the use of the monies, then that portion of the funding shall not be
included for the basis for the art fee.
The monies appropriated under this ordinance may be used for artist design services, for
the development of design concepts and models, for the selection, acquisition, purchase,
commissioning, placement, installation, exhibition, maintenance~ and display of artworks.
Artworks may be temporary or permanent, may be integral to the architecture (if
applicable) and/or other aspects of the capital improvement project.
The ordinance would also establish a Public Art Advisory Board created for the purpose of
advising and making recommendations to the City Commission with respect to public art
policy and related issues including, but not limited to, the selection, construction and
placement of public art in/on City right-of-way and City owned property. The Public Art
Advisory Board shall consist of seven (7) members. Three seats on the Board must be
filled with either an artist, architect, landscape architect or engineer. The City Commission
shall appoint all members of the Public Arts Advisory Board and shall endeavor to appoint
as many disciplines as possible to the Board. Lay persons of knowledge, experience and
judgment who have an interest in public art shall make up the balance of the Board. The
members of the Public Arts Advisory Board shall serve for terms of two (2) years, except
that the members of the first Board to serve shall be appointed so that three (3) members
shall serve one (1) year terms and four (4) members shall serve two (2) year terms. It is
further provided that no member may serve more than two successive terms on the Public
Arts Advisory Board.
The ordinance also amends Appendix A, "Definitions", section of the Land Development
Regulations providing definitions of "Artist" or "Professional Artist", "Artwork", "Works of
Art", "Capital Improvement Project", and "Public Art",
The program, as proposed, will enhance the aesthetic character of the City's built
environment, which is vital to the quality of life of its citizens and the continued economic
Planning and Zoning Board Staff Report
LOR Amendment -Public Arts Ordinance
Page 3
success of the City and its businesses. For Delray Beach to remain competitive as nearby
cities begin to revitalize themselves, new ways to attract people seeking something new
and different must be found to sustain the economic vitality, character and charm of our
City. This initiative is being pursued to accommodate this goal.
REQUIRED FINDINGS
LDR Section 2.4.5(M)(5), Amendment to the Land Development Reaulations,
Findinas: In addition to the provisions of Section 1.1.6(A), the City Commission
must make a finding that the text amendment is consistent with and furthers the
Goals, Objectives, and Policies of the Comprehensive Plan.
Future Land Use Element Objective C-3:
Economic development is an essential component of the redevelopment and renewal
efforts which are directed to the future of the City of Delray Beach. Specific efforts for the
coordination and provision of economic development activities shall be centered in the City
Administration's Development Services Management Group. Those efforts shall be
governed by the following policies.
Future Land Use Element Policy C-3.1: The City of Delray Beach hereby acknowledges
the role of Culture and the Arts in Economic Development and pledges in pursuit of a
theme of this Comprehensive Plan -- A Renaissance Community -- the promotion of the
arts and accommodation of cultural activities for economic development ends.
Future Land Use Element Objective C-4:
The Central Business District (CBD) represents the essence of what is Delray Beach i. e. a
"village like, community by the sea". The continued revitalization of the CBD is essential to
achieving the overall theme of the City's Comprehensive Plan of '~ City Set Apart In South
Florida". The following policies and activities shall be pursued in the achievement of this
objective.
Future Land Use Element Policy C-4.2: The "Downtown Delray Beach Master Plan" was
adopted by the City Commission on March 19, 2002. Covering the downtown business
districts surrounding the Atlantic A venue corridor between 1-95 and A-1-A, it represents the
citizens' vision for the growth and unification of Delray Beach, while still retaining the
"village like, community by-the-sea" character of the CBD. The Plan addresses a wide
range of issues including infill development, neighborhood parks, shared parking, public
art, the roadway and alleyway systems, marketing/economic development, and the need
to modify the Land Development Regulations to include design guidelines to retain the
character of Delray Beach. Future development and redevelopment in this area shall be
consistent with the Master Plan.
Planning and Zoning Board Staff Report
LDR Amendment -Public Arts Ordinance
Page 4
Therefore, the initiation of a Public Arts Program will further the Goals, Objectives, and
Policies of the Comprehensive Plan in accordance with LOR Section 2.4.5(M)(5).
REVIEW BY OTHERS
Community Redevelopment Agency (CRA): The proposed amendment was reviewed
by the CRA on December 9, 2004 and recommended approval of the current ordinance.
Downtown Development Authority (DDA): The proposed amendment was reviewed by
the DDA at its December 13, 2004 meeting and the Board recommended approval.
ALTERNATIVE ACTIONS
,
1. Continue with direction.
2. Recommend approval of the proposed amendment to enact a new Article 8.5
establishing a Public Arts Program, establishing a Public Arts Advisory Board,
providing general provisions for the organization and operation and amending the
definition section of the LOR by adopting the findings of fact and law contained in
the staff report and finding that the request is consistent with the Comprehensive
Plan and meets the criteria set forth in LOR Section 2.4.5 (M) (5).
3. Recommend denial of the proposed amendment to enact a new Article 8.5
establishing a Public Arts Program, establishing a Public Arts Advisory Board,
providing general provisions for the organization and operation and amending the
definition section of the LOR by adopting the findings of fact and law contained in
the staff report and finding that the request is inconsistent with the Comprehensive
Plan and does not meet the criteria set forth in LOR Section 2.4.5 (M) (5).
RECOMMENDED ACTION
Recommend approval of the proposed amendment to enact a new Article 8.5
establishing a Public Arts Program, establishing a Public Arts Advisory Board, providing
general provisions for the organization and operation and amending the definition
section of the LOR by adopting the findings of fact and law contained in the staff report
and finding that the request is consistent with the Comprehensive Plan and meets the
criteria set forth in LOR Section 2.4.5 (M) (5).
Attachments
. Proposed Ordinance
s:\planning & zoning\boards\p&z board\ldr amend public arts program.doc
[IT' DF DELIA' BEA[H
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4
cln AnORNEY'S OFFICE
_ POLICE LEGAL ADVISOR
, IIII!
300 \X' :\ TL\:\TIC A VE~CE · DElRA Y BEACH. FLORIDA 33444
TELEPHO:\E ,)61/2'-13-7H23 · FACSIMILE 561/243-7815
1993
POLICE LEGAL ADVISOR
MEMORANDUM
From:
David Harden, City Manager
City Commission
tI-~.
Catherine M. Kozol, . f
Police Legal Advisor
To:
Date:
January 12, 2005
Re:
Amendment to Nuisance Abatement Ordinance
- - -- - - - - - - - - -- - -- - -- - -- - ----- -- -- - -- - -- --- -- --- - -- ---
Attached please find an original and two copies of the Amendment to the
Nuisance Abatement Ordinance, Chapter 135 for placement on the Agenda.
We are amending the ordinance to comply with updated Florida Statute
893.138. The amended ordinance now will allow the City to declare a property a
public nuisance if the premises have been used on more than two occasions
within a six month time period for dealing in stolen property in addition to drug
related nuisances. The fines imposed will also be increased from $5,000.00 to
$15,000.00 to comply with Florida Statute 893.138.
Further, we are clarifying the definition of a controlled substance to comply
with the Florida Statutes and deleting the term operator to avoid confusion and to
comply with Florida Statute 893.138.
If you have any questions, please do not hesitate to call me.
Ath/encs.
cc with Encs.
Chevelle Nubin, City Clerk
Susan Ruby, City Attorney
\~ß
ORDINANCE NO. 4-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 135,
"ABATEMENT OF NUISANCES", SECTION 135.10,
"DEFINITIONS", CLARIFYING CERTAIN DEFINITIONS SO
AS TO CONFORM TO F.S. 893.138; AMENDING SECTION
135.40 "CONDUCT OF HEARINGS", CLARIFYING HOW
HEARINGS ARE CONDUCTED; AMENDING SECTION
135.70 "FINES FOR NONCOMPLIANCE WITH ORDERS",
PROVIDING FOR THE TOTAL FINES IMPOSED PURSUANT
TO THE AUTHORITY OF THIS ORDINANCE TO BE
INCREASED TO $15,000.00 TO COINCIDE WITH F.S. 893.198;
TO PROVIDE FOR THE REASONABLE PAYMENT OF
ATTORNEY'S FEES TO THE CITY AND ENACTING A
SECTION CONCERNING AN ACTION AGAINST A
PROPERTY OWNER WITH MULTIPLE TENANTS;
PROVIDING A SAVINGS CLAUSE, A REPEALER CLAUSE
AND AN EFFECTIVE DATE.
WHEREAS, the State of Florida enacted Section 893.138, Fla. Stat. to allow a
local government to establish a nuisance abatement Board to address the issues of prostitution,
the sale of controlled substances on property, dealing in stolen property and criminal street gang
activity within the local government's jurisdiction; and
WHEREAS, the Delray Beach City Commission recognizes the significant efforts
of the citizens of Delray Beach and the Delray Beach Police Department in working together to
control prostitution; the sale of controlled substances, dealing in stolen property and criminal
street gang acti vi ty; and
WHEREAS, the City of Delray Beach City Commission finds that in order to
further protect its citizens' health, safety and welfare, the Nuisance Abatement Board must be
empowered with the full range of authority granted to it under Section 893.138, Fla. Stat..
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRA Y BEACH AS FOLLOWS:
Section 1. That Chapter 135, "Abatement of Nuisances", of the Code of Ordinances of
the City of Delray Beach, Florida, Section 135.10, "Definitions", be and the same is hereby
amended to read as follows:
ORD. NO. 4-05
Section 135.10. DEFINITIONS
For the purpose of this Article, the following definitions shall apply unless the context
clearly indicates or requires a different meaning:
Board. The Nuisance Abatement Board of the City of Delray Beach.
Clerk. The person appointed by the local governing body of the City to perform the
clerical duties necessary to carry out the activities of the Nuisance Abatement Board.
Controlled substance. Includes any substance named or described in Schedules I-V of
Fla. Stat. 893.03 as well as any substance sold in lieu of a controlled substance in violation of
F.S. Section 817.563 or any imitation controlled substance defined in F.S. Section 817.564.
Opcr£ltÐr. Tenant, lessee or person haying (;IoMol or possession of the premises.
Public Nuisance. Any place or premises within the City limits of Delray Beach which
has been used on more than 1\"'/0 (2) occasions, "'Nithin a six month period:
(1) On more than two (2) occasions within a six (6) month period Aªs the
site of the unlawful sale, delivery, manufacture or cultivation of any
controlled substance;
(2) On one occasion as the site of the unlawful possession of a controlled
substance, where such possession constitutes a felony and that has been
previously used on more than one occasion as the site of the unlawful sale,
delivery, manufacture or cultivation of any controlled substance;
(3) On more than two (2) occasions with in a six (6) month period, Aªs
the site of a violation ofF.S. Section 796.07; eF
(4) .L'\ny place or bailding used by a yomb. aad street gang By a criminal
street gang for the purpose of conducting a pattern of youth and of criminal
street gang activity as defined by F.S.Chapter Section 874.03: or
(5) On more than two (2) occasions within a six (6) month period as the
site ofa violation ofF.S. Section 812.019 relating to dealing in stolen
property.
2
ORD. NO. 4-05
Section 2. That Chapter 135, "Abatement of Nuisances", of the Code of Ordinances of
the City of Delray Beach, Florida, Section 135.40, "Conduct of Hearings", be and the same is
hereby amended to read as follows:
Sec. 135.40. CONDUCT OF HEARINGS.
(A) The chairman of the Board may call hearings of the Board. Hearings may
also be called by written notice signed by at least three (3) members of the Board. The
Board, at a hearing, may set a future hearing date. The Board shall attempt to convene no
less frequently than once every month but may meet more or less often as the demand
necessitates. The Board shall adopt rules for the conduct of its hearings. Minutes shall
be kept of all hearings, and all hearings shall be open to the public. The Board shall have
the power to subpoena owners, witnesses, and evidence to hearings. The City shall
provide clerical and administrative personnel as may be reasonably required for the
proper performance of the Board's duties.
(B) The Police Legal Advisor shall present cases before the Board. All parties
shall have an opportunity to present evidence and argument on all issues involved, to
conduct cross-examination, to submit rebuttal evidence, and to be represented by counsel.
When appropriate, the general public may be given an opportunity to present oral or
written communications. The Board may consider any evidence, including evidence of
the general reputation of the place or premises. All testimony shall be under oath and
shall be recorded. Formal rules of evidence shall not apply, but fundamental due process
shall be observed and shall govern the proceedings. Orders of the Board shall be based
on competent and substantial evidence, and any finding that a nuisance exists must be
based on a "preponderance of the evidence" standard.
(C) The concurring votes of at least three (3) Board members is are required in
order to approve any Board order concerning the abatement of a public nuisance except
that the concurring votes of at least four (4) Board members is are required in order to
approve any Board order that involves Board action described in Section 135.40(D)(2) or
(3).
(D) After considering all evidence, the Board may declare the place or
premises to be a public nuisance as defined in Section 135.10 and may enter an order as
follows:
(1) Immediately prohibiting the maintaining of the nuisance;
3
ORD. NO. 4-05
(2) Immediately prohibiting the operating or maintaining of the place
or premises including the closure of the place or premises or any
part thereof;
(3) Immediately prohibiting the conduct, operation or maintenance of
any business or activity on the premises which is conducive to such
nuisance; and/or,
(4) Requiring the owner of such place or premises declared to be a
public nuisance to adopt such procedure as may be appropriate
under the circumstances to abate any such nuisance.
All other orders of the Board shall be by motion approved by a majority of those
members present and voting, eKcept that at least three (3) members of the Board must be
present in order f-or the action to be official. at a meeting of which a quorum is present.
(E) An order entered under subsection (D) shall expire after one (1) year, or at
such earlier time as stated in the order. The Board may retain jurisdiction to modify its
orders prior to the expiration of the orders.
(F) The City Police Department shall assist the Board in carrying out any
legally authorized order rendered pursuant to this Chapter.
(G) An order entered under Subsection (D) may be enforced pursuant to the
procedures contained in F.S. Section 120.69. However this subsection does not subiect
the City or the Board to any other provision of Chapter 120.
fGj an In the event that orders of the Board expire and/or are not complied
with, or are for any reason ineffective, the Board may then bring a complaint under F.S.
Section 60.05, seeking a temporary and permanent injunction iniunctive relief against any
public nuisance described in City of Delrav Beach Code Section 135.10. An order
entered hereunder may be enforced pursuant to the procedures contained in F. S. Section
120.69.
~ ill A certified copy of a Nuisance Abatement Board order may be recorded
in the public records of the County and shall constitute notice to any subsequent
purchasers, successors in interest or assigns if the violation concerns real property and the
finding therein shall be binding upon the violator and, if the violation concerns real
property, any subsequent purchasers, successors in interest or assigns. If an order is
recorded in the public records of Palm Beach County pursuant to this subsection and the
4
ORD. NO. 4-05
order is complied with by the date specified in the order, the Nuisance Abatement Board
shall issue an order acknowledging compliance that shall be recorded in the public
records. ¿.\ hearing before the Naisanee ¿.^~batement Board is not required to issue a Board
order acknov/ledging compliance.
ill If the City prevails in prosecuting a case before the Nuisance Abatement
Board, it shall be entitled to recover all costs, including reasonable attorney's fees.
incurred in investigating and prosecuting the case at hearings before the Board or on
appeal.
Section 3. That Chapter 135, "Abatement of Nuisances", of the Code of Ordinances of
the City of Delray Beach, Florida, Section 135.70, "Fines for Noncompliance with Orders", be
and the same is hereby amended to read as follows:
Section 135.70 FINES FOR NONCOMPLIANCE WITH ORDERS.
(A) The Nuisance Abatement Board, upon notification by the City that an
order of the Board has not been complied with by the set time or, upon finding that-a
repeat violation has been committed, of a public nuisance, may order the violator to pay a
fine in an amount specified in this Section for each day the violation continues past the
date set by the Nuisance Abatement Board for compliance or in the case of a ~
violation recurring public nuisance, for each date a repeat violation recurring public
nuisance continues beginning with the date the repeat violation recurring public nuisance
is found to have occurred by the City. A fine imposed pursuant to this section shall not
exceed two hundred fifty dollars ($250.00) per day for the violation and shall not exceed
five hundred dollars ($500.00) per day for a repeat violation recurring public nuisance.
The total fines imposed pursuant to this section shall not exceed fi¥e fifteen thousand
dollars ($5,000.00) ($15.000.00).
(B) A certified copy of an order imposing a fine may be recorded in the public
records and thereafter shall constitute a lien against the property upon which the violation
exists. A lien arising from a fine imposed pursuant to this Section runs in favor of the
City and the City may execute a satisfaction or release of lien entered pursuant to this
Section. The City shall be entitled to collect all costs incurred~ including reasonable
attorney fees, in the recording of.1 and the filing of a satisfaction of and foreclosure of a
valid lien. Upon petition to the circuit court, such order may be enforced in the same
manner as a court judgment by the sheriffs of this State, including levy against the
personal property, but shall not be deemed to be a court judgment expect for enforcement
purposes.
5
ORD. NO. 4-05
(C) After three (3) months from the filing of any lien which remains unpaid,
the Nuisance Abatement Board may authorize the City Attorney to foreclose upon the
lien. No lien created pursuant to the provisions of this Chapter may be foreclosed on real
property which is a "homestead" under Article X, Section 4 of the State Constitution.
CD) Where the City seeks to bring a Nuisance Abatement Action based on a
stolen property nuisance. against a property owner operating an establishment where
multiple tenants. on one site. conduct their own retail business. the property owner shall
not be subi ect to a lien against his or her property or the prohibition of operation
provision if the proµerty owner evicts the business declared to be a nuisance within 90
days after notification by registered mail to the property owner of a second stolen
property conviction of the tenant.
Section 4. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 6.
final reading.
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of , 2005.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
6
ORD. NO. 4-05