11-01-94 Regular
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DElRA Y BfACH
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING ~
NOVEMBER 1, 1994 - 6,00 P.M.¿POBLIC HEARING 7,00 P.M. '1IIr'
COMMISSION CHAMBERS
The City will furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal opportunity
to participate in and enjoy the benefits of a service, program, or acti-
vity conducted by the City. Please contact Doug Randolph 243-7127
(voice), or 243-7199 (TDD), 24 hours prior to the program or activity in
order for the City to reasonably accommodate your request. Adaptive
listening devices available for meetings in the Commission Chamber.
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 I
Commission discussion and official action. City Commission meetings are
business meetings and the right to limit discussion rests with the
Commission. Generally, remarks by an individual will be limited to three
minutes or less, (10 minutes for group presentations). The Mayor or
presiding officer has discretion to adjust the amount of time allocated,
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public: Any
citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The
Commission may withhold comment or direct the City Manager to take
action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. ::
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. A 1 '
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or W~2
becomes boisterous while addressing the Commission shall be barred by t~e
presiding officer from speaking further to the Commission unless
permission to continue or again address the Commission is granted Of'
majority vote of the Commigsion member 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
or hearing, such persons will need a record of these proceedings, and for
this purpose such persons may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based. The City will neither provide nor
prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda Approval.
Action: Motion to Approve.
5. Approval of Minutes:
Special Meeting of October 11, 1994
Regular Meeting of October 18, 1994
Special Meeting of October 26, 1994
6. Proclamations:
A. Recognizing and commending Mr. Alex Boyce
7. Presentations:
8. Consent Agenda: City Manager recommends approval.
j A. INITIATE LDR AMENDMENT TO CBD ZONING DISTRICT: Initiate an
amendment to Section 4.3.4(K} of the Land Development Regula-
tions to reduce the open space requirement in the CBD (Central
Business District) zoning district from 25% to 10%.
lB. COUNTYWIDE INTERLOCAL EMERGENCY SERVICES AGREEMENT: Approve an
Interlocal Emergency Services Agreement between various
governmental agencies in Palm Beach County.
./C. CONTRACT AMENDMENT / ZUCCALA WRECKER SERVI CE : Approve amendment
to the City's contract with Zuccala Wrecker Service releasing
them from their contract to tow abandoned vehicles.
jD. FUNDING SOURCE CHANGE FOR SW 10TH STREET MAIN DRAINAGE TRUNK
LINE PROJECT: Approve change of funding source for Change
Order No. 1 to the SW 10 Street project, from DOE to Stormwater
Utility (Account No. 448-5411-538-62.42).
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~. RESOLUTION NO. 86-94: Approve a resolution repealing Exhibit H
attached to Resolution No. 22-92 and enacting a new Exhibit H
relating to waiver of purchasing regulations under emergency
conditions.
vlF. RESOLUTION NO. 87-94: Approve a resolution updating Resolution
No. 36-92 in support of AMTRAK service from Jacksonville to
Miami along the Florida East Coast (FEC) railway corridor.
jG. ADOPTION OF STORMWATER MASTER PLAN: Adopt the Stormwater
Master Plan as a general guide for the implementation of a
master drainage plan.
jH. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY/WEST ATLANTIC
AVENUE WATER MAIN RELOCATION: Approve an Interlocal Agreement
with Palm Beach County for joint participation in the
construction of improvements to West Atlantic Avenue from Jog
Road to Military Trail. Funding in the amount of $66,783 is
available from West Atlantic Avenue Water Main Relocation
(Account No. 442-5178-536-64.13), through budget transfer.
~. AWARD OF BIDS AND CONTRACTS:
1. Bid Award - to Carolina Fitness Equipment Company, via
Palm Beach County School Board Bid, for fitness equipment
for the Police Department. Funding in the amount of
$21,799.15 is available from the Police Reserve (Account
No. 115-2111-521-49.90), and Police Administration - Other
Mach./Equipment (Account No. 001-2111-521-64.90).
2. Bid Award - to Club Car, for the purchase of 80 golf
carts I under a four-year lease/purchase agreement.
Funding in the amount of $162,317 is available in the Golf
Course Pro Shop Other Rental/Lease Costs (Account No.
445-4713-572-44.90) .
9. Regular Agenda:
JA. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Consider
accepting the actions and decisions made by the Planning and
Zoning Board, Site Plan Review and Appearance Board and the
Historic Preservation Board during the period October 17 to 28,
1994.
B. BOCA RATON FUTURE LAND USE MAP AMENDMENT /BOCA MARKETPLACE:
Review and consider formal comment on a proposed amendment to
Boca Raton's Future Land Use Map from Industrial Manufacturing
to Commercial for Boca Marketplace, located at the southwest
corner of the C-15 Canal and Congress Avenue.
../ C . REMOVED
./ D. REMOVED
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E.~ RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE:
Consider ratifying the appointment of two new members to the
Kids and Cops Committee.
J. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two members to
the Education Board to fill unexpired terms ending July '31,
1995.
10. Public Hearings: None
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:
J A. ORDINANCE NO. 84-94: An ordinance amending Chapter 71,
"Parking Regulations" , by repealing Ordinance No. 70-94 and
former Section 71. 60 of the City Code, and enacting a new
Section 71.060, "Parking Meter Permits", to establish that all
persons may obtain a parking permit for Anchor, Sandoway and
the Holiday Inn North parking lots, to limit the purchase of
parking permits for the Ingraham Avenue lot to City residents,
establishing a fee for the parking permit, and to provide for
the transfer of parking permits and the issuance of substitute
stickers. If passed, public hearing on November 15, 1994.
JB. ORDINANCE NO. 87-94: An ordinance rezoning a parcel of land
located on the east side of Military Trail south of Linton
Boulevard (Taheri Property) from POC (Planned Office Center) in
part, and A (Agricultural) in part to RM (Medium Density
Residential) . If passed, public hearing on November 15, 1994.
.IC. ORDINANCE NO. 85-94: An ordinance rezoning the St. Paul A.M.E.
Church property located on the east and west sides of N.W. 5th
Avenue, between N.W. 1st and 2nd Streets, from GC (General
Commercial) District to CF (Community Facilities) District. If
passed, public hearing on November 15, 1994.
VD. ORDINANCE NO. 86-94: An ordinance rezoning CRA-owned property
located on the south side of West Atlantic Avenue between S.W.
1st and 2nd Avenues (Kwik Stop and Discount Auto Parts), from
CF (Community Facilities) District to GC (General Commercial)
District. If passed, public hearing on November 15, 1994.
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/E. REMOVED
F. ORDINANCE NO. 89-94: An ordinance annexing Lot 19, Delray
Beach Estates, establishing initial zoning of GC (General
Commercial) District, and providing for a small scale land use
plan amendment to affix an official City land use designation
of General Commercial. The subject property is located at 2706
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North Federal Highway and contains 1. 09 acres. If passed,
public hearing on November 15, 1994.
¡G. ORDINANCE NO. 90-94: An ordinance adopting the Comprehensive
Plan Amendment 94-1. If passed, public hearing on November 15,
1994.
H. ORDINANCE NO. 91-94: An ordinance repealing Chapter 112,
"Alarm Systems", of the City Code in its entirety, and enacting
a new Chapter 112, "Alarm Systems" , to provide for the
regulation of alarm systems. If passed, public hearing on
November 15, 1994.
13. Comments and Inquiries on Non-Agenda Items.
A. Commission
B. City Attorney
C. City Manager
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£ITY DF DELRRY BEREM
DELRA Y BEACH
~*~ 100 NW 1st AVE!\JUE DEt.q,Ä Y BEACH. ,.: ~OR¡DA 33444 305 :':43 700C'
iQir PROCLAMA TION
1<)<)}
WHEREAS, Alex Boyce is a resident of Delray Beach,
Florida; and,
WHEREAS, on the evening of September 3, 1994, Mr.
Boyce came upon an elderly gentleman in full cardiac arrest on
East Atlantic Avenue near the FEC railroad; and,
WHEREAS, Mr. Boyce proceeded to administer CPR
(Cardiac Pulmonary Resuscitation) on the patient until the
Delray Beach Fire Department paramedics arrived and took over
life support treatment of this patient, After the patient
began to breath on his own he was transported to the hospital
and admitted to the intensive care unit; and,
WHEREAS, Mr. Boyce's immediate action and continued
efforts were instrumental in the successful outcome of this
patient insofar as he is expected to recover,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the
City of Delray Beach, Florida, on behalf of the City
Commission, do hereby commend and recognize
MR. ALEX BOYCE
for his willingness to obtain this very important training and
to use his skills and knowledge when someone was in need which
exemplifies the highest tradition of community service.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Official Seal of the City of Delray Beach, Florida,
to be affixed this 1st day of November, 1994.
MAYOR
THOMAS E. LYNCH
SEAL
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER{~¡
SUBJECT: AGENDA ITEM # FA - MEETING OF NOVEMBER 1, 1994
INITIATE LDR AMENDMENT TO CBD ZONING DISTRICT
DATE: OCTOBER 28, 1994
This is before the Commission to consider initiating amendment to
Land Development Regulations Section 4.3.4 (K) to reduce the open
space requirement for properties located in the CBD (Central
Business District) from 25 percent to 10 percent. This amendment
has been requestd by the Community Redevelopment Agency.
Within the original Downtown Development Authority area, struc-
tures can be built with zero front, rear and side setbacks. The
intent of these reduced standards is to encourage dense, compact
development in an urban environment. The current open space
requirement of 25 percent is viewed as contrary to that intent
and burdensome for properties in the downtown area.
Recommend initiating an amendment to Section 4.3.4(K) of the Land
Development Regulations relative to reducing the open space
requirement within the Central Business District for review and
recommendation by the Planning and Zoning Board.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~~~y
FROM: DIANE DOMINGUEZ, ~
DIRECTOR OF PLANNING & ZON NG
SUBJECT: MEETING OF NOVEMBER 1, 1994
INITIATION OF LDR AMENDMENT REDUCING THE OPEN SPACE
REQUIREMENT FOR PROPERTIES LOCATED IN THE CBD (CENTRAL
BUSINESS DISTRICT)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
initiation of an amendment to LDR Section 4.3.4 (K) ,
Development Matrix.
The amendment is to reduce the open space requirement in
the CBD zoning district from 25% to 10%.
B A C K G R 0 U N D:
This amendment has been requested by the Community Redevelopment
Agency (see attached letter) . CRA Director Chris Brown notes
that the current open space requirement of 25% is burdensome
for properties in the downtown area, especially those fronting
on Atlantic Avenue. He suggests that 10% might be a more
reasonable requirement.
A N A L Y S I S
Planning staff and CRA staff have agreed for some time that the
25% requirement is impractical for a downtown setting. In the
original Downtown Development Authority area (one block north
and south of Atlantic Avenue from Swinton Avenue to the
Intracoastal), structures can be built with zero front, rear and
side setbacks. The intent of these reduced standards is to
encourage dense, compact development that is urban in nature.
An open space requirement of 25% seems to be contrary to that
intent.
If initiated, additional analysis of the amendment will be
provided, and the Planning and Zoning Board will have an
opportunity to make a recommendation. Whether or not the open
space requirement should be reduced throughout the entire CBD,
or just in the original DDA area, will be addressed at that
time.
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City Commission Documentation
Initiation of LDR Amendment Reducing the Open Space Requirement
for Properties Located in the CBD (Central Business District)
Page 2
R E COM MEN D E D ACT ION:
By motion, initiate an amendment to Section 4.3.4 of the Land
Development Regulations, reducing the open space requirement
within the Central Business District ( CBD) .
Attachment:
* Memorandum of request from CRA Director Chris Brown
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CD Community
Redevelopment
-a Agency
Delray Beach
MEMO TO: Diane Dominguez
FROM: Chris Brown 0/
DATE: October 10, 1994
RE: Open Space Requirement for the CBD Zoning Districts
Diane:
We strongly recommend that the open space requirement in the CBD, especially for properties
fronting on Atlantic Avenue, be revised. The current requirement of 25% is onerous to those
properties fronting pedestrian-oriented streets in which the buildings are either set on the
property (hence a zero set back) or up to 15 feet. The area between the building front and the
street should be encouraged to be "hardscaped" rather than "landscaped" with bothersome
vegetation.
We would suggest analyzing a reduction to 10% open space in the CBD district and would like
to be part of any discussion concerning this adjustment in the Land Development Regulations.
Thank you for your assistance and direction in this matter.
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PLANN\NG &. ZON\NG
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207 E. Atlantic Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558
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[IT' DF DELRA' BEA[H \ 101M!??, \
CITY AßORNEY'S OFFICE 200 NW 1st AVENUE ~'õELiÄŸ~H' FLORIDA 33
FACSIMILE 407/278-4755 Wr;Lt:._r'. D;Lr_c::t:. r...;Ln._
PE,LRoA X B~A}'1 ( 4 0 7) 24 3 - 7 09 0
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AII.America City
11 II r! Date: October 20, 1994 MEMORANDUM
1993
To: David T. Harden, City Manager
From: David N. Tolces, Assistant City Attorne~
Subject: Interlocal Emerqency Services Aqreement
I reviewed the proposed Interlocal Emergency Services
Agreement proposed by the Fire Chief's Association of Palm
Beach County. The only revision I found necessary was in
Paragraph 19, Line 3, the word "parties" should be
"party's."
I question why Paragraphs 21(d) and 27 require filing with
the Clerk for the Circuit Court. I don't think that is
necessary. Also, the agreement should contain signature
lines for each participating municipality. Otherwise, there
is only one party to the agreement.
I am forwarding a copy of this memorandum to Chief Rehr.
Please call if you have any questions.
DNT: smk
cc: Chief Rehr
ernerser.dnt
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® Printed on Recycled Paper
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~,~~ t~\~f'S ASSOCII/ RECEIVED
~ l'IO.." OCT 1 3 1994
CITY MM""r:it'(' IlFFIf;r:
OF PALM BEACH COUNTY, FLORIDA
Incorporated
October 10, 1994
City Manager David Harden
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
Subject: Interlocal Emergency Services Agreement Governmental Agencies in Palm Beach County
Dear City Manager Harden:
The Fire Chiefs Association of Palm Beach County has developed a county wide interlocal
agreement for Fire Rescue Services. The agreement provides resources for those emergency incidents
which cause demands greater than the capacity of day-to-day operations of the local jurisdiction.
As a participating party to the Interlocal Emergency Services Agreement, the local jurisdiction
must meet and follow minimum standards regarding apparatus, staffing, dispatch time frames, and
communication system access. The agreement provides the local jurisdiction access to county wide Fire
Rescue emergency resources in the form of mutual aid, automatic aid in specific instances when agreed
to between the participating parties, and special operations when authorized by supplemental agreements.
The Agreement is coordinated by the Fire Chiefs Association of Palm Beach County through an
Administrative Board consisting of Fire Chiefs from each of the participating jurisdictions.
I am requesting that your jurisdiction review and execute the Agreement as quickly as possible.
Questions and inquires can be handled through my office at the Delray Beach Fire Department (407)
243-7410.
Following the execution of this agreement, please forward the document to me at:
Delray Beach Fire Department
501 West Atlantic Avenue
Delray Beach, FL 33444
Sincerely,
Fire Chiefs Association of Palm Beach County
~;2~
Robert B. Rehr
President
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FIRE-RESCUE
INTERLOCAL EMERGENCY SERVICES AGREEMENT
FOR
GOVERNMENTAL AGENCIES IN PALM BEACH COUNTY
APRIL 15, 1994
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INTERLOCAL EMERGENCY SERVICES AGREEMENT
Table of Contents
PAGE
Paragraph # 1
AUTHORITY; GENERAL RESPONSIBILITIES; CONDITIONS PRECEDENT........................ 6
Paragraph # 2
DEFINITIONS..........................................................................................,..................... 7
Paragraph # 3
APP ARA TUS EQU IPMENT AND ACCESSORIES.... ............... .................................,..,..., 8
Paragraph # 4
NEW EQUIPMENT ACQU ISITION....... ....,......................:. ....'",..."... .....'."................., '." 9
Paragraph # 5
CHANGE IN OR DELETION OF EQUiPMENT.................................................................. 9
Paragraph # 6
STAFFING. ....... .... ................ ......... .... ...... ....... .....,... ............ ...... ............... ..... '" .... ........ 10
Paragraph # 7
COMMUNICATIONS. .... ..... ,..,. ........... ....... ........... ..... ................. ................ ..... ...... ... ...... 10
Paragraph # 8
RESPONDING PARTY/REQUESTING PARTY .............. .......... ,..............,........................ 11
Paragraph # 9
RESPONSE TO REQUEST FOR ASSiSTANCE............................................................... 11
Paragraph # 10
OFFICIAL REQUEST.... ........ ....... ..... ....... ................." ............,.,..... ,........ .....'...... ....... ... 11
Paragraph # 11
REQUEST FOR ASSISTANCE; INFORMA TION............................................................... 12
Paragraph # 12
JUSTIFIED FAILURE TO RESPOND. ...... ..... ....................................... ......' ..................... 12
Paragraph # 13
INDEMNIFICA TION..,............,....,...............................'................,.'................................ 13
Paragraph # 14
DAMAGE TO EQU IPMENT ............... ......... ... ........ ..........,.................'.'.................,..,.... 13
Paragraph # 15
MATERIALS AND SUPPLIES,............... ..,......... '..'""". ........,....,.".",......., .,.. "..,."... ...... 13
Paragraph # 16
CONTROL OF FIRE, RESCUE, EMERGENCY OR DISASTER SCENE............................. 14
Paragraph # 17
REQUESTS FOR ASSISTANCE LIMITED................ ....,., ....... .................., ..'.... ,...,.. ........ 14
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fNTERLOCAL EMERGENCY SERVICES AGREEMENT
Paragraph # 18
PRIORITY FOR SIMULTANEOUS CALLS.................,...................................,.,............... 14
Paragraph # 19
PRIOR COMMITMENT OF EQUiPMENT............................. ..... .....................,.. ........ ....... 15
Paragraph # 20
PRIORITY FOR SUBSEQUENT CALL... ........ ..................................... ............ ......... ........ 15
Paragraph # 21
AMENDMENTS...."" ....,......".,.......,.,...',........,....".",..'""."..""""".,...",.""".."".."",., 16
Paragraph # 22
ADMINISTRATIVE BODy...".,..,....,..""...."..",.........,..,.......",.,...,....""".,....""....,..,...... 16
Paragraph # 23
TASK FORCES.."",..."",..,.,......,.""",.."."",......",...,.,.,.,..",.,...,..,...,."."",....."...,..,.." 17
Paragraph # 24
PRIORITY OBJECTiVES.....,.,..... ....'. ..........,..............,.,.....,..,.""""......"..,.'"."""...,..... 17
Paragraph # 25
DISPUTES, DISAGREEMENTS AND GRIEVANCES.......................... ................. ............. 17
Paragraph # 26
INTERPRETATIONS......".."...."..,.",....,....""...."...",.,...."",.,...".........".....,."",.."",.... , 17
Paragraph # 27
EFFECTIVE TERM...................................,.........................,...........,......"'.,..............,.,.., 17
Paragraph # 28
TERMINATION....,.... ....................... '...........................,..,.............,..............,.......,...,...... 18
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SIGNATURE PAGE.......... ............. ........... .............. ,.."..,..........,.""..,..........'"....,........... 19
APPENDIX A
LIST OF PARTICIPANTS AND APPARATUS LISTING
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INTERLOCAL EMERGENCY SERVICES AGREEMENT
THIS INTERLOCAL AGREEMENT for emergency aid and assistance is made and entered into
in Palm Beach County, Florida, as of this day of 199_, pursuant to
the provisions of Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of
1969" as amended. bv and between the various oarties executina this aareement, each one
constituting a public agency as defined in Part I of Chapter 163, Florida Statutes,
WITNESSETH:
WHEREAS, Part I of Chapter 163, Florida Statutes, penn its public agencies as defined therein to
enter into interlocal agreements with each other to jointly exercise any power, privilege, or
authority which such agencies shall have in common and which each might exercise separately;
and;
WHEREAS, it is the design, purpose and intention of the parties hereto to penn it said parties,
individually and collectively, to make the most efficient use of their respective powers, resources
and capabilities by cooperating in the use of their respective powers, resources and capabilities
in regard to fire, heavy rescue, emergency medical services, and related logistical, strategic and
administrative support, communications services, weather emergencies and disaster relief
functions and, on a basis of mutual advantage, to provide services and facilities in a manner
most consistent with the geographic, economic, demographic and other factors influencing their
respective needs and the development of their respective and joint communities; and
WHEREAS, each party hereto maintains a Fire Department, Fire-Rescue Department or Public
Safety Department with trained emergency service personnel and related apparatus and
equipment; and
WHEREAS, at times, one of the parties hereto may have fire fighting, rescue, emergency
medical service, disaster relief and related demands made upon its equipment or personnel, or
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INTERLOCAL EMERGENCY SERVICES AGREEMENT
both. greater than the capacity of the equipment or personnel available within its own jurisdiction;
and
WHEREAS, during those events which cause demands greater than the capacity of the
equipment or personnel resources available to a party hereto, it would be advantageous to that
party to have available to it the equipment or personnel, or both, of one or more of the other
parties for backup purposes, direct assignment to an active incident, or the management of a
disaster; and
WHEREAS, the parties hereto acknowledge that said emergency events and disasters occur
without prior warning, without a set pattern or frequency and without regard to life, limb or
property; and
WHEREAS, the parties hereto further recognize that there is a great mutual advantage in
providing, prior to any emergency operation or disaster, for mutual and/or automatic aid and
assistance, planning, deployment analysis and projections, mutual backup and cooperative use
of the resources available among the affected parties, in order that lives and property may be
saved; and
WHEREAS, said mutual and/or automatic aid, and other cooperative use of resources benefits
all directly or indirectly concerned; and
WHEREAS, it is the intent of the parties to this Agreement to provide for mutual aid in general,
automatic aid in specific instances when agreed to between the participating parties, and special
operations when authorized by supplemental agreements, to improve efficiency or for
unforeseen emergencies beyond the normal capabilities of a single party.
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INTERLOCAL EMERGENCY SERVICES AGREEMENT
WHEREAS, It is not the intent of the Darties that the mutual aid aSDect of this aareement
subsidize nonnal dav-to-dav oDerations of another DarticiDatina Dartv; and
WHEREAS, participation in this agreement shall not diminish any existing local government's
process or power;
NOW, THEREFORE, in consideration of the premises and mutual covenants and promises
contained herein. and other good and valuable consideration, the receipt of which and the
adequacy of which are mutually acknowledged, with all parties accordingly waiving any
challenge to the sufficiency of such consideration, it is mutually covenanted, promised and
agreed by the parties hereto as follows:
1. AUTHORITY: GENERAL RESPONSIBILITIES: CONDITIONS PRECEDENT: This Interlocal
Agreement is entered into pursuant to the provisions of Section 163.01, Florida Statutes,
commonly known as the "Florida Interlocal Cooperation Act of 1969", and all provisions of said
act are made a part hereof and incorporated as if set forth at length herein, including, but not
limited to; the following specific provisions; as well as the apparatus, staffing, dispatch, response
and communication system standards as hereinafter enumerated:
(a) All of the privileges and immunities and limitations from liability, exemptions from laws,
ordinances and rules, and all pensions and relief, disability, workers' compensation and
other benefits which apply to the activity of officers, agents or employees of the parties
hereto when perfonning their respective functions within their respective territorial limits for
their respective agencies, shall apply to the same degree and extent to the performance of
such functions and duties of such officers, agents or employees extraterritorially under the
provisions of this Interlocal Agreement.
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INTERlOCAl EMERGENCY SERVICES AGREEMENT
(b) This Interlocal Agreement does not and shall not be deemed to relieve any of the parties
hereto of any of their respective obligations or responsibilities imposed upon them by law,
except to the extent of the actual and timely pertormance of those obligations or
responsibilities by one or more of the parties to this Agreement, in which case pertormance
provided hereunder may be offered in satisfaction of the obligation or responsibility,
(c) Nothing contained herein shall be deemed to authorize the delegation of the constitutional
or statutory duties of the State, County, or Municipal Officers.
(d) As a further condition, the following minimum apparatus, personnel and response
standards must be met by all parties to this agreement:
(1) Apparatus - At least one, triple combination pumper with a capacity of at least
1,000 G.P,M., with 400 gallon minimum tank size, and 1,200 feet of 2 1/2 or
larger fire hose and other equipment specified in Paragraph 3, shall be provided
by every party hereto.
(2) Staffing - As specified in Paragraph 6.
(3) Dispatch time frame - Dispatch of apparatus and personnel will be completed
and confirmed within five (5) minutes of receipt of request for assistance,
(4) Response time frame - Apparatus and personnel will be enroute within two (2)
minutes of being dispatched following receipt of request for assistance.
(5) Communication system access - As specified in Paragraph 7,
2, DEFINITIONS
ADVANCED LIFE SUPPORT (A.l.S.) shall mean emergency medical services as defined by
401.23, Florida Statutes.
AUTOMATIC AID shall mean supplementary assistance provided to one or more parties to this
Agreement by another party by separate Agreement or Resolution.
BASIC LIFE SUPPORT (B.l.S,) shall mean emergency medical services as defined by 401.23,
Florida Statues.
EMERGENCY AID AND ASSISTANCE shall mean the full scope of fire and emergency medical
services, except those exempted by this Agreement.
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INTERLOCAL EMERGENCY SERVICES AGREEMENT
EMERGENCY MEDICAL SERVICES (E.M.S.) means the activities or services to prevent or
treat a sudden critical illness or injury and to promote pre-hospital emergency medical care for
the sick and injured.
EMERGENCY MEDICAL TECHNICIAN means a person providing emergency medical services
as defined by 401.23, Florida Statutes.
ENGINE/PUMPER shall mean a pumping apparatus meeting the requirements of National Fire
Protection Association Standard 1901,
FIRE CHIEF shall also mean "Fire Administrator, Fire Director, Director of Emergency Services
or Public Safety Director.
FIRE FIGHTER shall mean a person who is certified by the State of Florida under Florida
Statute, Section 633.35, as amended, and possessing either a valid Certificate of Tenure,
Compliance or Completion of FireFighting Minimum Standards.
INCIDENT COMMAND SYSTEM shall mean the procedures adopted by the Fire Chiefs
Association of Palm Beach County for emergency incident management.
INCIDENT COMMANDER shall mean the person at the scene of an emergency incident who is
designated to command the incident.
MUTUAL AID shall mean mutual and reciprocal aid and assistance between two or more parties
to this agreement.
PARAMEDIC means a person providing emergency medical services as defined by 401.23,
Florida Statutes.
PROTOCOLS shall mean the standing orders and procedures utilized by E.M.S. personnel to
render both A.L.S. anbel B,L.S. care and treatment.
QUINT shall mean a pumper/aerial apparatus meeting the requirements of both National Fire
Protection Association Standards 1901 and 1904.
SPECIAL OPERATIONS shall mean response to, and mitigation/management of hazards
relating to hazardous materials incidents, high angle rescue, confined space rescue, and water
rescue operations.
TRUCK/AERIAL shall mean an aerial ladder apparatus meeting the requirements of National
Fire Protection Association Standard 1904.
. 3. APPARATUS, EQUIPMENT AND ACCESSORIES: It is agreed that at the time of the
execution hereof each party represents that it has the apparatus listed in Appendix A, and that
said apparatus is in good working order and condition, Only the equipment listed in Appendix A,
as supplemented pursuant to paragraph 4 of this Agreement, shall be subject to this Agreement.
In addition to the specifically described major pieces of apparatus listed, said apparatus shall be
8
I
INTERLOCAL EMERGENCY SERVICES AGREEMENT
deemed to include all normal appliances, tools, accessories and portable equipment associated
therewith and normally contained thereon as recommended by the basic required equipment
described in the latest editions of National Fire Protection Association Standards No. 1901 and/or
1904, as applicable, and the required equipment specified by the State of Florida, Department of
Health and Rehabilitative Services, Division of Emergency Medical Services, in Chapter 100-66,
Florida Administrative Code, for Advanced and Basic Life Support Units, as amended from time
to time, as applicable.
4. NEW APPARATUS. EQUIPMENT AND ACCESSORIES ACQUISITION: Upon the acquisition
of new apparatus, said apparatus, upon being placed in service, shall, without formal
amendment hereto, be deemed included in Appendix A. The party acquiring such new'apparatus
shall notify the Administrative Board, in writing, of the acquisition of new apparatus as soon as
the equipment is placed in service and deployed. The Administrative Board shall subsequently
advise all parties to this agreement, in writing, of the acquisition of the new apparatus by
publishing and distributing a revision to Appendix A.
5. CHANGE IN OR DELETION OF APPARATUS. EQUIPMENT OR ACCESSORIES: Nothing
herein shali prohibit, any party from the free disposal or modification of any of its apparatus,
~quipment or accessories, or from temporarily placing all or part or a major part of its apparatus
out of service for the purpose of training, maintenance or repair of the same. However, should
any party actually or effectively dispose of, or eliminate fifty percent (50%) or more of its
apparatus without immediate replacement, said disposal shall be reported immediately to the
Administrative Board and, then, at the option of the other parties hereto, as determined by a
majority vote of the Administrative Board, this Agreement may be conditionally terminated. A
conditional termination shall take effect only if the party whose participation is being terminated
fails to bring its designated in service, active equipment up to the level specified in the notice of
conditional termination within the time limit set forth in the notice by the Administrative Board.
9
,
Itf{ERLOCI\L aAERGEtlC'I SERViCES I\GREaAENi
t ~ eff.ct uolll In. 1\d",loIstra\We eoat<! naS
. . snail b" 10 wòtll\9 aod snail 001 a ·
sue" t.""IO"""O .' \ cniBt I\d",lois\ra\I_e Office'.
""",ed v<f\\\eo ootlce upon lno Citi ",aoag·'· couoW 1\d"'101SlfO Of. .
"'a~Of 0' CII~¡{ oWl' CI..... ot \!Ie palIY .,nose pa"lc\patIOO is to b" te""loaled.
d' g to s ('(\utus\ or
ndlO _.n\des ""all \)e staffed tr InS pollY respoo ,0
6. ~: 1\\1 reSP<> 9 \ t a ",lol"'U'" 01 In,e.l'3) fIre flgllt.1S 10'
flì shS\\ De s camp\emefl 0
aut()1fll1\\C aid re<\uest. sta 11\9 Q . \ and stallil\9 as 'e<\ul,ed IW
,. 1<. þ,er\a\ or U\fI.
.aell E1\910. and Inre. (3) fIre f\\JIIt.1S pe' {\10. eÖ csl sof'/Ice uoll. as "",II as
ded 10r eacn emet'geoc'ý m \
cnaplef 40\ . flo{\<la Slalutes. as a"'.o ' . d is\ od
. ~ b" requested. II IS uo· 0
. . 000.1 10' supPOII e<\ulprn·oI as ",a
apPl<lpoalel~ 1fOI0ed pelS dut~ cslled 10< dUW. 0' a_a\la"'. 10' tno e",·1\!eOC"j
Inal tI addlllonal stallil\9 0' pe,,",oool are 00 ·
'ded fortn\S purpose.
. . d addlllOOal pe1S"oosl snail \)e pro_I
dUW \0 quest\oo. theO sa\
. .csllon IS o.cesSllf'i 10 s~ull~
~: R.cO\IOlz\1\9 lnal radiO cO",,,,UOI .
7. oM . all\es
. ., diSast.' relaled aSSlslaoce. \!I. p
pro_ide tire MntlOg. .",.1\!eoC"J ",edlCSI se""ce. 0 .
.' I ",,"SS lno 101lowi1\\! radio lre<\ueoC"J(S),
agree 10 pro_Ide \!Ie CSpabll\\~ 0 a
F .C.c. Rsd\O/Ca\\ S\gO ~ ~
~ ~
,\54,265 tJ\utua\ þ,ssistaOce
",and pe,,",oool ooW as described io
(a) 11>15 ct>aOo.1 ""II b" ",st¡\CIed 10 use tr corn
pa,agraP" \0. IIY
\ ""all b. \!Ie ",spoosibillW 01 .act> pa
(D) co",pilaoce "lIn \1\15 sectlOO 01 Ine M,·e"'.O
. (t) ~sa' ollnei' ...culloO 01 lno M",·",eol.
w\th\O ooe
'\0
INTERLOCAL EMERGENCY SERVICES AGREEMENT
8. RESPONDING PARTY/REQUESTING PARTY: "Responding Party" shall mean the party
which shall furnish or be requested to furnish apparatus, equipment, and/or personnel, in
response to the request of the party within whose jurisdiction the emergency necessitating such
assistance occurs, which second party shall be known as the "Requesting Party".
9. RESPONSE TO REQUEST FOR ASSISTANCE: The parties hereto, mutually agree to
respond to mutual aid fire, emergency medical service, emergency or disaster calls, or requests
of the other with their respective apparatus, equipment and associated personnel as herein
above described, when requested to do so by the Requesting Party, subject to the tenns,
conditions and understandings contained in this agreement and within the limits of good Fire
Department practice and procedure, and further, the parties hereto, who have mutually agreed to
assist each other by means of automatic aid and/or special operations responses in addition to
mutual aid responses, agree to respond to the request for assistance with pre-detennined
apparatus, equipment and personnel within limits of Fire Department practice and procedure,
10. OFFICIAL REQUEST: The following officials of the Requesting Party are authorized to
request mutual and/or automatic assistance from the Responding party pursuant to this
Agreement,
(a) Fire Chief, Deputy or Assistant Fire Chief(s) or
(b) The Senior Officer in Charge/Command of the Requesting Party's Fire Department, Fire-
Rescue Department or Public Safety Department; or
(c) the Incident Commander in charge of an incident in progress,
11
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INTERlOCAl EMERGENCY SERVICES AGREEMENT
11. REQUEST FOR ASSISTANCE: INFORMATION: The officer described in Paragraph 10
above requesting mutual or automatic aid shall give the following information at the time that the
request for such assistance is made:
(a) The general nature and type of emergency;
(b) The location of the emergency and/or the Fire Station to be filled by responding resources;
(c) The life or property hazard involved and the type of equipment and/or number of personnel
requested;
(d) Street routing information when necessary.
The initial request for assistance shall be transmitted by radio, telephone or other reliable
method to the appropriate dispatch/communications center of the Responding Party.
12. JUSTIFIED FAilURE TO RESPOND: The parties recognize and agree that if for any reason
beyond the control of the Responding Party the above-referenced equipment or personnel, or
both, are not available to respond to a request for assistance within the limits of the Requesting
Party, the Responding Party shall not be liable or responsible in any regard whatsoever for the
Responding Party's failure to respond to such call. The reasons justifying a failure to respond
shall include, but not be limited to the following:
(a) In the opinion of the Senior Officer in command of the Responding Party's Fire Department at
the time of the request for assistance, the Responding Party would suffer undue jeopardy and be
left inadequately protected if the Responding Party responds as requested;
12
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INTERLOCAL EMERGENCY SERVICES AGREEMENT
(b) The requested equipment is inoperative at the time of the request for assistance; or
(c) The requested equipment is being utilized due to a previous emergency call.
13. INDEMNIFICATION:
Each party shall bear its own responsibility and may only be liable for any claims, demands,
suits, actions, damages and causes of action arising out of those actions resulting from that
party's travel to or from its own or a Requesting Party's emergency or disaster site, or while
deployed pursuant to this Agreement, and no indemnification or hold hannless agreement shall
be in effect concerning such claims, demands, suits, actions, damages and causes of action.
14. DAMAGE TO EQUIPMENT: The Requesting Party shall replace. repair or reimburse the
Responding Party for the actual cost of replacement or repair of any of the Responding Party's
apparatus, tools, mechanical equipment or personal protective equipment which may be
damaged or destroyed while at the Requesting Party's emergency or disaster site unless such
damage or destruction is solely the result of errors, negligent acts or omissions of the
Responding Party or any of its agents, employees or officials.
15. MATERIALS AND SUPPLIES: The Requesting Party shall, at the option of the Responding
Party, either replace or reimburse the Responding Party for the actual cost of all materials and
supplies such as foam, dry chemicals, extinguishing agents, disposable protective gannents and
related equipment, medical supplies and consumables used for the benefit of patients at the
emergency site or disaster, consumed, expended or utilized by the Responding Party in the
course of rendering assistance pursuant to this Agreement while at the Requesting Party's
emergency or disaster site.
13
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INTERLOCAL EMERGENCY SERVICES AGREEMENT
16. CONTROL OF FIRE. RESCUE. EMERGENCY OR DISASTER SCENE: Once the
Responding Party reaches the Requesting Party's emergency or disaster site, the Parties agree
that the Requesting Party's Incident Commander shall direct the activities and deployment of
personnel and equipment in the area where the emergency exists. Control of each Respective
Party's personnel shall remain with each respective party as to the rendition of service, standards
of perfonnance. discipline of officers and employees and other matters incident to the
perfonnance of services by the Responding Party's personnel. The officer in command of the
personnel of the Responding Party shall not be obligated to obey any order which said officer
reasonably believes to be either in violation of the laws of the State of Florida, the United States
of America, or any order which said officer believes will unnecessarily result in the likelihood of
unreasonable risk of death or bodily injury to the agents, officers or employees of the
Responding party, or in a loss of or damage to the Responding party's equipment. All parties to
this agreement stipulate that they will utilize the "Incident Command System" adopted, and from
time to time revised, by the Fire Chiefs Association of Palm Beach County for all appropriate
operations covered by this agreement.
17. REQUESTS FOR ASSISTANCE LIMITED: A party may request assistance pursuant to this
agreement only when the site of the emergency or disaster causing such a need is within the
jurisdictional limits of the Requesting Party, or is within a jurisdiction which is served by a party
to this Agreement pursuant to an intenocal service agreement or contract between two or more
governmental agencies,
18. PRIORITY FOR SIMULTANEOUS CALLS: In the event of simultaneous or nearly
simultaneous fire, rescue, emergency or disaster calls relating to emergencies located within
both a Requesting and a Responding Party's boundaries, the call relating to the emergency
located within the boundaries of a party shall take priority over the request for assistance from
the Requesting Party.
14
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INTERLOCAL EMERGENCY SERVICES AGREEMENT
19. PRIOR COMMITMENT OF EQUIPMENT: In the event that a Responding Party's equipment
and personnel are already assigned or committed to an emergency located within Responding
Parties limits, said equipment and personnel shall not be released to respond to the emergency
call of the Requesting Party until such time as, in the sole and absolute discretion of the officer in
charge of the Responding Party's Fire Department, it is determined that the Responding Party's
equipment and personnel can be released to respond to the Requesting Party's request for
assistance. Only that portion of the Responding Party's equipment and personnel as the Officer
in Charge of the Responding Party's Fire Department shall deem available for release at that
time shall be released to the Requesting Party's emergency or disaster site.
20. PRIORITY FOR SUBSEQUENT CALLS: In the event that the Responding Party's equipment
and personnel are assigned to a location within the Requesting Party's Jurisdictional limits and
an emergency call relating to a fire, rescue, emergency or disaster occurring within the
Responding Party's boundaries is received, the Requesting Party shall, immediately upon being
notified by the Responding Party's officer in command at the site of the Requesting Party's
emergency of such circumstances, request such additional outside assistance from other parties
to this agreement, as would timely and effectively permit the release of the Responding Party's
equipment and personnel so as to enable same to timely respond to the Responding Party's
emergency call site or, if same is not practical or feasible, the Requesting Party agrees that the
Responding Party shall be permitted to immediately leave the emergency or disaster site within
the territory of the Requesting Party and respond to the fire, rescue, emergency or disaster site
within the Responding Party's territory. In any event, should the officer in command of the
Responding Party's fire department require that its equipment and personnel return to an
emergency site within its boundaries in response to a fire, rescue, emergency or disaster call, the
parties agree that the Responding Party has the absolute right to immediately return to the
emergency site within its jurisdictional limits,
15
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INTERLOCAL EMERGENCY SERVICES AGREEMENT
21. AMENDMENTS
(a) An amendment to this Agreement may be initiated by any party to the agreement,
however, said amendment must be presented to the Administrative Board for
consideration, deliberation, determination and action and approval.
(b) All parties hereby agree to submit to their legislative bodies for final approval, additions to
and deletions from this agreement which have been approved by a two-thirds vote of the
Administrative Board,
(c) Approval of such proposed amendments by two-thirds of the participating agencies'
legislative bodies shall make such amendments effective, and shall be binding upon all
parties continuing to participate in this agreement.
(d) Amendments hereto shall be filed with the Clerk of the Circuit Court of Palm Beach
County,
22. ADMINISTRATIVE BOARD:
(a) The Administrative Board shall consist of the Fire Chief from each of the participating
jurisdictions. The Administrative Board shall have the authority to adopt rules of procedure
for conducting meetings and for ruling upon disputes, disagreements, grievances and other
matters to be determined by the Administrative Board pursuant to this Agreement.
(b) No party to this Agreement shall in any manner be obligated to pay any debts or liabilities
arising as a result of any action of the Administrative Board,
(c) The Administrative Board members have no authority or power to obligate the parties in
any manner, except that the Administrative Board shall have the power to suspend any
party's further participation for non-compliance with any provisions of the Agreement.
16
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INTERLOCAL EMERGENCY SERVICES AGREEMENT
23, TASK FORCES: The Administrative Board may organize various task forces as it deems
appropriate. Task forces shall be assigned specific topics for research and development.
Recommendations from task force(s) shall be forwarded to the Administrative Board upon
completion of assigned work.
24. PRIORITY OBJECTIVES: In the interest of uniformity and cost effectiveness it is hereby
understood and agreed that task forces will initially be formed by the Administrative Board to
address the following topics: Incident Command; Training; Facility Location Planning;
Communications; Joint Purchasing; and Equipment Specifications and Standardization,
25. DISPUTES. DISAGREEMENTS AND GRIEVANCES: Disputes, disagreements or
grievances which cannot be voluntarily resolved by the parties directly involved shall be resolved
by the Administrative Board by majority vote, whose decisions in such matters shall be final and
binding upon all parties.
26. INTERPRETATIONS: The Administrative Board shall be the final authority on interpretations
of this Agreement. However, this Agreement is not intended to prohibit or restrict any of the
parties from seeking relief of disputes through the courts. This Agreement shall be construed by
and governed by the laws of the State of Florida.
27. EFFECTIVE TERM: This Agreement shall take effect immediately upon its proper and
complete execution by each Party and upon the filing of a copy of the same with the Clerk of the
Circuit Court in and for Palm Beach County, and shall remain in full force and effect uless
otherwise terminated pursuant to Paragraph 5 or 28.
17
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INTERLOCAL EMERGENCY SERVICES AGREEMENT
28. TERMINATION: Except in the case of termination under Paragraph 5, this Agreement may
be terminated upon forty-five (45) days written notice given by any party to the Administrative
Board who shall within fifteen (15) days, serve written notice to all parties through their
respective Clerk or Chief Administrative Officer.
18
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INTERLOCAL EMERGENCY SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be entered into and
executed the day of ,1994,
WITNESSES: CITY, TOWN, VILLAGE OR
COUNTY OF
by
Mayor/Chairperson
by
CITY, TOWN, VILLAGE OR
COUNTY
Manager/Administrator
(CORPORATE SEAL) ATTEST:
Clerk
Approved as to form:
City, Village, Town or County Attorney
STATE OF FLORIDA:
COUNTY OF PALM BEACH:
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared , Mayor, City
Manager and City Clerk, respectively, of the City of , Florida, a municipal
corporation of Florida, and acknowledged they executed the foregoing Agreement as the proper
officials of the City of , and the same is the act and deed of the City of
THE FOREGOING, I have set my hand and official seal at
, In the State and County aforesaid on the day of
,19_,
(SEAL)
Notary Public
My Commission Expires:
19
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INTERLOCAL EMERGENCY SERVICES AGREEMENT
APPENDIX A - List of Participants and Apparatus Listina
20
,
.
. , rf( rf ì
I
[IT' DF DELRA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr~t_r·. D~r_ct L~n_
DELRAY BEACH (407) 243-7090
F lOR I D "
~
AII·America City
, III r! MEMORANDUM
Date: October 25, 1994
lq93
To: City Commission As~istant City Attorn~
From: David N. Tolces,
-
Subject-: Amendment No. 1 to Contract with Zuccala Wrecker
Service, Inc.
With the recent adoption of Ordinance No. 58-94, the Police
Department no longer is involved in towing abandoned
vehicles. Therefore, Zuccala's, which has the towing
contract with the Police ,Department, has agreed to no longer
tow abandoned vehicles. The Code Enforcement Division has a
different vendor who tows abandoned vehicles. Approval of
this amendment will release Zuccala's from any obligation to
tow abandoned vehicles.
Please call if you have any questions.
DNT: smk
Attachment
cc: David T. Harden, City Manager
zuccala.dnt
~, ~ ~
07ì
8C
@ Printed on Recycled Paper
.
.
AMENDMENT NO. 1 TO CONTRACT BETWEEN ZUCCALA
WRECKER SERVICE, INC. AND CITY OF DELRAY BEACH, FLORIDA
THIS AMENDMENT, to the Contract dated June 17, 1992, is
entered into by and between the CITY OF DELRAY BEACH ("City")
and ZUCCALA WRECKER SERVICE, INC. ("Zuccala") en this /~ day
of {)CTClðz ¿ , 1994.
WIT N E SSE T H:
--
WHEREAS, the City and Zuccala mutually covenant and agree
to amend and modify the Contract entered into on June 17, 1992;
and
WHEREAS, the parties desire to modify the Contract to
relieve Zuccala of the responsibility for removal of abandoned
vehicles from the City's rights-of-way; and
NOW, THEREFORE, in consideration of the mutual covenants
stipulations and agreements herein contained the parties agree
as follows:
1. The recitations referred to above are hereby in-
corporated herein.
2. That Section II "Authorization to Tow" ; of the
Contract is amended to read as follows:
The pa~rties hereby agree to relieve Zuccala from its
responsibilities under Paragraph I of the Contract with respect
to towing abandoned vehicles from the City's rights-of-way.
Zuccala is no longer expected to remove abandoned vehicles from
the City's rights-of-way.
.
.
.
3. That all other terms and conditions of the Agreement
dated June 17, 1992 not in conflict with this Amendment shall
remain in full force and effect, and are incorporated herein.
IN WITNESS WHEREOF, the parties hereto have set their
hands the 'day and year above first written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
B-y: -
City Clerk MAY 0 R
Approved as~rm and
-~~ ~C:C-~:
~~City Attorney /)
ZU~~TÓ~' (/
WITNESS: INC. /
By : Ir:-- / / ' -..---- ---
I.." .A. h v(/(-, II-t A
(Print or Type Name) ~t or Type Name)
;:L
"
STATE OF
COUNTY OF ßL.111 6t/JC#
The foregoing instrument was acknowledged before me
this ~L/ day of ()C'/(?/š í£ , /9 CJ 'i by
!, /J ZdC(~~¿;4 (name of officer or agent,
... WR. rt. c. ~ fll ç fA. ./
title of officer or agent), of ¿ J CC.4 L~ .S"
..),NC " (name of corporation acknowledging),
a ¡::¿ cJ ¡( I p ¡':) (state or place of incorporation)
corporation, on behalf of the corporation. He is personally
2
,
- .
know¡q to me or has produced
(type of identification) as
1,t5 6 r/\J Þr u... Y
identification and did (did not) take an oéj-th.
"./ A
ignature of Person
Acknowledgment IS e c/C-
~7zc/[t1I £
Name of Acknowledger Typed,
Print&è or Stamped
-
- /{/Û '1/'/1 'f
Title or Rank ~
NOTARY PUBLIC; STATE OF FLORIDA AT LAR
lAY CO"'....ISSION EXPIRES MARCH 02. 1995
&QN2&P Twa" ..tJ~KLli!lWIaY & ASSOCIATES
Ser~al Number, if any
(Notary Seal)
zucc-l.agt
~,
3
,
·
..
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 'iJO - MEETING OF NOVEMBER 1. 1994
FUNDING SOURCE CHANGE FOR SW 10TH STREET MAIN DRAINAGE
TRUNK LINE PROJECT/ALL-RITE PAVING
DATE: OCTOBER 28, 1994
This is before the Commission to approve a change of funding
source for construction of a 60 inch RCP storm drain pipe in
connection with the S.W. 10th Street Road Widening project, from
the Decade of Excellence Bond fund to Stormwater Utility (Account
No. 448-5411-538-62.42) ,
Change Order No. 1 to All-Rite Paving is for the construction of
the main drainage trunk line.
Recommend approval of the funding change from the Decade of
Excellence Bond fund to the Stormwater Utility fund.
~ Ø7~
I
.
. ~
Agenda Item No.:
AGENDA REOUEST
Date: October 24. 1994
Request to be placed on:
x Regular Agenda
Special Agenda
_____ Workshop Agenda When: November 1. 1994
Description of item (who, what, where, how much) : Staff requests City
Commission approve a chanae in the fundina source for Chanae Order Number 1. to
S.W. 10th street Road Widenina - Phase I. Pro;ect No. 91-68 for the construction
of a 60 inch RCP storm drain pipe. This chanae order is for the construction of
the main drainaae trunk line and should be funded from the Stormwater Utilitv
Fund. and not the Decade of Excellence Bond Fund. Currently this chanae order
for S49.200 is funded from 228-3162-541-61.90 (Decade of Excellence I (Purchase
Order 529034) and should be funded from 448-5411-538-62.42 (Stormwater Utility
Fund) .
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the chanae of fundina source for
Chanae Order No. 1 for S.W. 10th Street Road Widenina from Decade of Excellence
to the Stormwater Utility Fund.
Department Head Signature:~ Ø~~fl -
~.
Determination of Consistency with Comprehensive Pial ~ -
-
~ -
City Attorney Review/Recommendation (if applicable) -
-
Budget Director Review (re ired on all items involving expenditure of funds):
Funding available: YES NO
Funding alternatives '(\
Account No. & Description ~
Account Balance ~ ~5.DD1)
City Manager Review:
Approved for agenda: ~~NO tït}
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
File: AG168014.MRM
'. '
I l úg~ 1/ III?/.¡-
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: David T. Harden
City Manager ,~/~
FROM: William H. Greenwood ~~~
Director of Environmental Services
DATE: October 14, 1994
SUBJECT: S.W. 10th Street, project No. 91-68
Main Drainage Trunk Line
We have noted that Change Order No. 1 to the S. W. lOth
Street Project was funded from the Decade of Excellence Bond
Fund (228-3162-541-61.90, P.O. 529034). This work is for
the construction of a main drainage trunk line and therefore
should be funded from the Stormwater utility Fund
(448-5411-538-62.42) . Attached is an agenda request to
change this at the November 1, 1994 Commission Meeting.
WG:mm
File: Project No. 91-68 (D)
WG168014.MRM
'f
.
.-
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf7{~
SUBJECT: AGENDA ITEM i g é - MEETING OF NOVEMBER 1. 1994
RESOLUTION NO. 86-94/WAIVER OF PURCHASING REGULATIONS UNDER
EMERGENCY CONDITIONS
DATE: OCTOBER 26, 1994
On February 11, 1992, the City Commission adopted Ordinance No.
7-92 which enacted Chapter 95, "Emergency Management", of the
City's Code. An associated action was the adoption of Resolution
No. 22-92 which establishes the form of a standard proclamation and
eight standard resolutions ( "A" through "HI' ) which may be used to
declare a state of emergency and to activate certain emergency
plans as may be required under the circumstances of the emergency.
Standard Resolution No. H pertains to waiving and suspending our
purchasing regulations under emergency conditions. I have since
had the opportunity to review a copy of the resolution adopted by
the City of Miami for this purpose in the wake of Hurricane Andrew.
It seemed to me that they had some guidelines and limitations which
might appropriately be incorporated into our Resolution No. H. As
currently written, our standard resolution is a total suspension
without any guidelines. I would feel more comfortable with some
guidelines in place.
Recommend approval of Resolution No. 86-94.
~ on(J~
ref:agmemo4
.
·
I
,
RESOLUTION NO. 86-94 I
¡
, RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
I A
! DELRAY BEACH, FLORIDA, REPEALING RESOLUTION NO.
i 22-92H AND ENACTING A NEW RESOLUTION NO. 22-92H
I TO EMERGENCY PROCUREMENT PROCEDURES AND
i RELATING
i SUSPENSION OF CERTAIN CITY CODES RELATING TO
i PURCHASING AND PROCUREMENT DURING EMERGENCIES, TO
i PROVIDE FOR PROCEDURES, GUIDELINES AND LIMITATIONS
I FOR THE ACQUISITION OF GOODS, MATERIALS, EQUIPMENT
I AND SERVICES AS MAY BE REQUIRED DURING AND AFTER AN !
I EMERGENCY¡ PROVIDING AN EFFECTIVE DATE. j
i
i WHEREAS, the City Commission of the City of Delray Beach, i
Florida, adopted Ordinance No. 7-92 which is codified as Chapter 95,
II Emergency Management II , of the Code of Ordinances of the City of
Delray Beach, and Resolution No. 22-92 which incorporated a standard
proclamation declaring a state of emergency and Exhibits A through H
I to activate certain emergency plans and procedures, on February 11 ,
1992¡ and
I I
WHEREAS, Exhibit H to Resolution No. 22-92 provides for the ,
,
suspension of local ordinances, rules and regulations relating to I
purchasing and procurement, but does not set forth with specificity
I the procedures, guidelines and limitations for the suspension of
purchasing and procurement ordinances, rules and regulations¡ and
I WHEREAS, the City Commission desires to amend Resolution No.
¡ 22-92H to provide for procedures, guidelines and limitations regarding
f
, the suspension of purchasing and procurement ordinances, rules and
! regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I
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Section 1. That Exhibit H to Resolution No. 22-92 is hereby
repealed and a new Exhibit H is hereby enacted to read as set forth in
the attachment hereto.
Section 2. That Exhibit H to Resolution No. 22-92, which is
attached hereto and incorporated herein, is hereby approved for use
when needed pursuant to Chapter 95 of the Code of Ordinances of the
City of Delray Beach, Florida, subject to modifications as may be
required under the circumstances of the emergency.
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Section 3. That Exhibit H to Resolution No. 22-92 shall
I take effect immediately upon adoption of this resolution.
I PASSED AND ADOPTED in regular session on this the 1st day of
I November, 1994.
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() lL"¡¡rm'llJJ. t,/v, if/h ìiJ¡
City C erk
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II RESOLUTION NO. H
II A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
II DELRAY BEACH, FLORIDA, RELATING TO EMERGENCY
I, MANAGEMENT; CONFIRMING A DECLARATION OF A STATE OF
!I
'I EMERGENCY; AUTHORIZING EMERGENCY PURCHASING AND
I,
I PROCUREMENT PROCEDURES AND SUSPENDING CERTAIN CITY
II CODES, RULES AND REGULATIONS RELATING TO PURCHASING
'I AND PROCUREMENT; THIS RESOLUTION SHALL BE VALID FOR
II
'I THIRTY (30) DAYS AND AUTOMATICALLY RENEWED EVERY
11 THIRTY (30) DAYS UNTIL FURTHER ACTION BY THE CITY
Ii COMMISSION.
!I WHEREAS, a State of Emergency in the City of Delray Beach
was proclaimed by on
Ii due to ; and
'I
II WHEREAS, has caused extensive damage to
11 public and private property within the City of Delray Beach; and
II
II WHEREAS, the expeditious restoration of property to
I' pre-existing conditions is vital to enable the re-establishment of
I
I public activity; and
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II WHEREAS, adherence to certain local ordinances, rules and !
regulations establishing purchasing and procurement procedures can
!I delay the process of restoring public facilities to conditions
II existing prior to the emergency; and
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Ii WHEREAS, Chapter 95 of the City of Delray Beach Code of
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:1 Ordinances authorizes the enactment of emergency procurement
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!I procedures during a State of Emergency.
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;1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE I
II CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ¡
11 Section 1. The recitals and findings contained in the
II
I preamble to this resolution are hereby adopted by reference thereto
and incorporated herein, as if fully set forth in this section.
I Section 2. A declaration of a State of Emergency proclaimed
I
I on is hereby confirmed.
Section 3. has caused damage to
numerous properties, rendering them unsafe or marginally habitable.
Section 4. The emergency has caused disruption and damage
to roads, streets and other public facilities and thoroughfares. I
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Section 5. It is necessary to eliminate immediate threats
to the life, health and safety of residents and employees, and
eliminate immediate threats to undamaged property, as well as ensure
economic recovery to the City and the community.
Section 6 . A valid public emergency exists justifying the
waiver of formal competitive sealed bids and competitive selection
procedures for the acquisition of such services, equipment, goods
and/or materials. as may be required for burden relief and disaster
assistance.
j Section 7. By an affirmative vote of 4/5ths of the members
of the City Commission, formal competitive sealed bid procedures for
the procurement of services. equipment, goods and/or materials for the
purpose of eliminating immediate threats to the life, health and
safety of residents and employees and to eliminate immediate threats
to undamaged property, as well as ensure economic recovery to the City
and the community. are hereby waived.
Section 8. The City Manager is hereby authorized to utilize
City forces to participate in the burden. relief and disaster
assistance as may be required.
Section 9. The City Manager is hereby authorized to accept
the most reasonable, responsive and responsible bid or quote (for
necessary improvements. services. equipment, goods and/or materials
associated with said burden relief and disaster assistance and to
execute the necessary purchase order(s), agreements, service
authorizations, or change orders in a form acceptable to the City
Attorney.
Section 10. The City Commission hereby ratifies, approves
and confirms the City Manager's previous expenditure of monies for
contracts and awards in conjunction with the burden relief and
disaster assistance.
! Section 11. The City Manager is hereby authorized to
I execute agreement(s), service authorization(s). change order(s) and/or
í purchase orders for acquisition of such services. equipment. goods
I and/or materials. as may be required for burden relief and disaster
I
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Section 12. The City Manager is hereby permitted to proceed
without express City Commission approval, execution of such purchase
orders, contracts, service authorizations, change orders, and
agreements and in his expenditures of monies for the aforesaid, in
conjunction with said burden relief and disaster assistance where such
expenditure of monies for any contract and/or award in connection
i therewith, does not exceed $150,000.00.
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Section 13. The City Manager is instructed to submit to
I each City Commissioner a copy of each contract, agreement, purchase
I order, service authorization, or change order issued pursuant to this
resolution on the same day said contract or purchase order is executed
by him.
Section 14. The emergency renders it necessary to suspend
local ordinances, rules and regulations dealing with purchasing and
procurement.
Section 15. This resolution shall be valid for thirty (30)
days and automatically renewed every thirty (30) days until further
action by the City Commission.
Section 16. That this resolution shall take effect
immediately upon adoption.
PASSED AND ADOPTED on this the day of ,
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ATTEST:
City Clerk
- 3 - Res. No. H
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERrrG1
SUBJECT: AGENDA ITEM # <iF - MEETING OF NOVEMBER 1. 1994
RESOLUTION NO. 87-94/AMTRAK SERVICE ON FEC CORRIDOR
DATE: OCTOBER 27, 1994
This is a resolution supporting the concept of AMTRAK service from
Jacksonville to Miami along the Florida East Coast (FEC) Railway
corridor. Establishment of passenger service along this corridor
has the potential for providing improved, convenient service
between downtown centers along the east coast of Florida.
In April, 1992, at the request of the Treasure Coast Regional
Planning Council (TCRPC) , the City Commission adopted Resolution
No. 36-92 in support of establishing passenger service along the
FEC railway between Jacksonville and Miami. At that time the
Florida Department of Transportation and AMTRAK were in the initial
stages of negotiations with FEC to accomplish this purpose. We
have recently been contacted by TCRPC asking for the adoption of an
updated resolution to reaffirm our support for the continuation of
these talks.
Recommend approval of Resolution No. 87-94.
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¡ RESOLUTION NO. 87-94
!
i A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
I DELRAY BEACH, FLORIDA, SUPPORTING THE CONCEPT OF
i AMTRAK SERVICE FROM JACKSONVILLE TO MIAMI ALONG THE ¡
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I FLORIDA EAST COAST RAILWAY CORRIDOR.
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I WHEREAS, AMTRAK presently does not provide full service to
heavily populated coastal communities between Jacksonville and Miami;
, and
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WHEREAS, the existing Florida East Coast freight rail lines
between Jacksonville, Delray Beach, and points south will facilitate
this service contingent upon improvements to accommodate passenger
train service; and
WHEREAS, regular AMTRAK service along the East Coast would
provide Treasure Coast and Palm Beach County residents with a
I transportation alternative, and better, more diverse service; and
II WHEREAS, regular AMTRAK service would facilitate inter-city
I
i transportation service and commerce by connecting communities along
1 the Treasure Coast and in the southeastern counties to Jacksonville
¡ and other important destinations; and
II
such service could significantly enhance ridership
¡, WHEREAS,
I on the Tri-County Rail and Metro-Rail, a facility of significant State
I and Federal investment; and I
I
WHEREAS, a Delray Beach AMTRAK station on the Florida East
I Coast rail line would further the City's goal of revitalizing its
i downtown area.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, supports the concept of AMTRAK service between
Jacksonville and Miami along the east coast corridor of the FEC, with
a station in Delray Beach, and supports the efforts of the Florida
Department of Transportation to initiate such service as soon as is
possible.
Section 2. That the City Clerk is hereby directed to
forward a copy of this Resolution to Florida Department of
Transportation, Florida East Coastway Railway, CSX Corporation,
Tri-Rail Commuter Rail Authority, Palm Beach County Metropolitan
Planning Organization, Treasure Coast Regional Planning Council, and
to all parties having an interest herein.
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I PASSED AND ADOPTED in regular session on this the 1st day of
11 November, 1994.
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I ATTEST:
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- 2 - Res. No. 87-94
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treOlure ~~f_-.~QL~
10/11/94 c: ~commiSS~
',. COQlt City Manage.
Diane Dominguez
regional
Ui,;! 1 ¡ 1994
planniQg
council CITY COMMISSION
M E M 0 RAN DUM
To: Affected Coastal Cities and Counties
From: Michael J. Busha, AICP ~;1~
Acting Executive Director / f
Date: October 6, 1994
Subject: Resolution Supporting Initiation of Passenger
Service on FEC Corridor
The Treasure Coast Regional Planning Council passed
Resolution 94-02 at its regular Council Meeting on
September 16, 1994. The resolution supports recent talks
that have begun between the FEC, CSX, Tri-Rail and FOOT to
initiate passenger service along the Florida East Coast
Railway corridor.
Council is requesting that every coastal county and
municipality within the Region pass a similar resolution and
send it to FDOT, the MPO's, CSX, FEC, and Tri-Rail as a
declarat ion of s"pp,,>rt for the continu~tion of thesp. talks.
Tht:: Martin CO\:Lüty Board of County (;ommissioners hc1S already
passed its resolution of endorsement.
Council believes restoration of passenger service along the
FEC corridor will enhance the attractiveness of every
coastal city in the Region for development and
redevelopment. Providing passenger service to the coastal
cities will also be a major step in providing a viable
alternative to the Region's dependency on and usage of 1-95
and Florida's Turnpike for regional travel.
Thank you for your cooperation.
MJB/BBD: lhb
Attachments
3228 s.w. martin downs blvd.
suite 205 . p,o. box 152~
palm city, florlda 34990
phone (<107) 221·4060
.._ .....^ A"&.n c-__ t.".... "".....' .n.....
,
Here is a list of addresses to assist you with distribution:
Mr. Randy Whitfield, Director
Palm Beach County Metropolitan Planning Organization
P. o. Box 21229
West Palm Beach, FL 33416-1229
Ms. Cheri Fitzgerald, Supervisor
st. Lucie County Metropolitan Planning Organization
2300 Virginia Avenue
Room 203
Fort Pierce, FL 34982
Mr. Paul Howard
Transportation Engineer
Martin County Metropolitan Planning Organization
2401 S.E. Monterey Road
Stuart, FL 34996
The Honorable Carolyn Eggert
Indian River County Metropolitan Planning Organization
1840 25th Street
suite N-158
Vero Beach, FL 32960
Mr. Rick Chesser
District Secretary
Florida Department of Transpo~tation
District IV
3400 W. Commercial Boulevard
Ft. Lauderdale, FL 33309
Mr. Irving Cure, Director
Palm Beach County Transportation Authority
Department of Airports
Building S-1440, PBIA
West Palm Beach, FL 33406
Mr. R. H. Young, Jr.
CSX corporation
500 Water Street - S/CJ315
Jacksonsville, FL 32202
Mr. Carl Zellers, President
Florida East Coast Railway Co.
P. o. Box 1048
st. Augustine, FL 32084
Jeffrey Jackson
Manager of Planning
Tri-Rail Commuter Rail Authority
Suite 200
305 S. Andrews Avenue
Ft. Lauderdale, FL 33301
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Memorandum
October 6, 1994
Page Two
The attached memorandum and resolution were sent to the following
local governments:
cc: Chairman John W. Tippin - Indian River County BOCC
Chairman Havert L. Fenn - St. Lucie County BOCC
Chairman Mary McCarty - Palm Beach County BOCC
Mayor Arthur Firtion - City of Sebastian
Mayor Caroline Ginn - City of Vero Beach
Mayor William Dannahower - City of Fort Pierce
Mayor Ruth L. Hoke - Town of Ocean Breeze
Mayor Dennis Armstrong - City of Stuart
Mayor Robert Minsky - City of Port st. Lucie
Mayor Ron T. MacKail - Village of Tequesta
Mayor Gail Vastola - Village of North Palm Beach
Mayor David Clark - City of Palm Beach Gardens
Mayor William H. Wagner - Town of Lake Park
Mayor Clara Williams - City of Riviera Beach
Mayor Nancy M. Graham - City of West Palm Beach
Mayor Rodney Romano - City of Lake Worth
Mayor Robert A. McDonald - Town of Lantana
Mayor Al Merion - Town of Hypoluxo
Mayor Edward Harmening - City of Boynton Beach
Mayor Thomas E. Lynch - City of Delray Beach
Mayor Bill T. Smith, Jr. - City of Boca Raton
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RESOLUTION 94-02
OF THE TREASURE COAST REGIONAL PLANNING COUNCIL
SUPPORTING THE CONCEPT OF AMTRAK SERVICE FROM JACKSONVILLE
TO MIAMI ALONG THE FLORIDA EAST COAST RAILWAY CORRIDOR
WHEREAS, AMTRAK presently does not provide service to
heavily populated coastal communities between Jacksonville
and Miami; and
WHEREAS, the existing Florida East Coast freight rail
lines between Jacksonville and West Palm Beach will
facilitate this service contingent upon improvements to
accommodate passenger train service: and
WHEREAS, regular AMTRAK service along the East Coast
would provide Treasure Coast and Florida residents -with a
transportation alternative, and better, more diverse
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service; and
WHEREAS, regular AMTRAK service would facilitate inter-
city transportation service and mmfP by connecting
co n e
Treasure Coast Communities such as Vero Beach, Ft. Pierce,
Stuart and West Palm Beach to Miami, Jacksonville and other
important destinations; and
WHEREAS, such service could significantly enhance
ridership on the Tri-County Rail and metro rail, a facility
of significant St~te and Federal investment; and
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # Z((; - MEETING OF NOVEMBER 1, 1994
ADOPTION OF STORMWATER MASTER PLAN
DATE: OCTOBER 28, 1994
This is before the Commission to adopt the Stormwater Master Plan
as a general guide for the implementation of a master drainage
plan. Adoption of the plan will provide staff with a blueprint
for the construction of drainage facilities which will help
correct many drainage problems throughout the City.
The plan shows existing drainage conditions and problem areas,
defines various drainage concepts, establishes levels of service,
and priorities, and makes recommendations for drainage improve-
ments.
Recommend adoption of the Stormwater Master plan with the
understanding that the plan is a general guide only, primarily as
to where drainage lines are needed. Pipe sizes will be reduced
as the plan is implemented, based on the availability of storm-
water retention and more realistic performance standards.
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager ~
FROM: William H. Greenwood
Director of Environmental Services
DATE: October 24, 1994
SUBJECT: Stormwater Master Plan
Attached is an agenda request for Commission consideration
and adoption of the stormwater Master Plan as a dynamic
plan, which will be refined during the preliminary
engineering stage. The adoption of the master plan will
provide staff the blueprint for the construction of drainage
facilities, which will help correct many drainage problems
throughout the City. The Stormwater Master Plan
accomplishes the following:
· Shows existing drainage conditions and problem areas
· Establishes levels of service
· Defines various drainage concepts
· Establishes priorities and makes recommendations for
drainage improvements
There may be some amendments required to the City's
comprehensive plan subsequent to adoption.
Staff recommends adoption of the Stormwater Master Plan.
WG:RH:mm
cc: John Walker, Project Coordinator
File: Memos to City Manager
WGSTW021.MRM
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MEMO From
CITY MANAGER'S OFFICE
To: r¿ ~ Date: (D~/;f
~~~~~~,
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Agenda Item No.:
AGENDA REOUEST
Date: October 24, 1994
Request to be placed on:
--X-- Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: November 1, 1994
Description of item (who, what, where, how much) : Staff requests City
Commission consideration and adoption of the Stormwater Master Plan as prepared
bv Mock, Roos and Associates. dated Auqust 1994. Subsequent to adoption certain
Comprehensive Plan issues will require modification.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends adoption of the Stormwater Master Plan
Department Head Signature: æJ/g~~ø_fl YJjJf
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda: YES/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
File: AGSTW021.MRM
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[)ftA
SUBJECT: AGENDA ITEM # g f/ - MEETING OF NOVEMBER 1. 1994
INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY / WEST
ATLANTIC AVENUE WATER MAIN RELOCATION
DATE: OCTOBER 28, 1994
This is before the Commission to consider interlocal agreement
with Palm Beach County for joint participation in the construc-
tion of road improvements to West Atlantic Avenue from Jog Road
to Military Trail.
The City's portion of the work involves water main and force main
relocations and adjustments to accommodate roadway and drainage
construction.
Funding in the amount of $66,783 is available from West Atlantic
Avenue - Water Main Relocation (Account No. 442-5178-536-64.13),
through budget transfer from Renewal and Replacement - Water
Distribution Improvements (Account No. 442-5178-536-61.78).
Recommend approval of Interlocal Agreement with Palm Beach County
for joint participation in road improvements to West Atlantic
Avenue between Jog Road and Military Trail.
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Agenda Item No.
AGENDA REQUEST
Date: 10/27/94
Request to be placed on:
XX Regular Agenda
special Agenda
Workshop Agenda When: 11/01/94
Description of item (who, what, where, how much): Staff requests
Commission approval of an interlocal agreement with Palm Beach County for
Joint Participation in the construction of improvements to West Atlantic
Ave. from Jog Rd. to Military Trail. The City's portion of the work
involves utility relocations and adjustments to accommodate roadway and
drainage construction and will be funded in the amount of $66,783.00.
Funding source for this work is account #442-5178-536-64.13, R&R, w.
Atlantic Ave. Water Main Relocation (budget transfer attached).
PN 91-028.
ORDINANCE/RESOLUTION REQUIRED: JJ_/NO DRAFT ATTACHED JJ_/BSJ.
Recommendation: Staff recommends approval
DEPARTMENT HEAD SIGNATURE: ~ø G~
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 E 'NO
Fun4inq alternatives ~ (ir aPRli~ '
:~~~::~ ::ia:c~~rr~~~~';df-f) \r¡~~.~~~ - ~
city Manager Review:
Approved for agenda: @/NO fÎ1, (
Hold until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
I
MEMORANDUM
TO: David T. Harden ({~
City Manager
FROM: Richard C. Hasko, P.E. ./
Deputy Director of Public utilities
SUBJECT: WEST ATLANTIC AVENUE
WATER MAIN RELOCATION
PROJECT NUMBER 91-028
DATE: October 27, 1994
Attached is an agenda request and a copy of an Interlocal
Agreement with Palm Beach County in the subject regard for
consideration by Commission at the November 1 regular
meeting. The agreement is for joint participation in the
county's West Atlantic Avenue Road Expansion project between
Jog Rd. and Military Trail. The City's portion of the work
consists of water main and force main relocations and
adjustments and will be funded in the amount of $66,783.00.
The funding source for this project is account
#442-5178-536-64.13, R&R - W. Atlantic Ave. Water Main
Relocation (budget transfer attached).
RCH: jem
c: William H. Greenwood, Director of ESD
Howard Wight, Deputy Director of Construction
Victor Majtenyi, Construction Manager Tech.
f: 91-028 (D)
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CIty of DeIray Beach
Dep8.ftme.1IaI Budget Transfer
(1) Depertrnent8I Une Transfer (2) Date 10/27/94
(3) Intørfundllnterdep8rtmental Transfer (4) Batch Number
Richard C. Hasko, P.E. Œl»I
(5) Requested By:
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
442-5178-536-61.78 R&R - Water Dist. Imp :T. 58,000
442-5178-536-64.13 R&R - W. At1. Ave. 58,000
WM Relocation
(10) TOTAL 58,000 58,000
JUSTIFICATION: Transfer reauired for complete funding of West Atlantic
Avenue water main relocation in conjunction with Palm
Beach County Roadway project between Jog Road and
Military Trail.
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dAÁ L . - J)'^k7/ri
Department Head L ^- AsstCityManager
- ~. t OffIcer City M
(11) Budget Reviaton Date (12) Control Number
-
(13) Period (14) Cooot
ncur.m...... _D..nt.:!1:'T' f"'........Dv_ell e ð....V neð.. ..._..etIo.~
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Board of County Commissioners County Administrator
Mary McCarty, Chair l~~~:',/'.~ ': .'!...... ,~ r-... .~.~"':. Robert Weisman
Ken L. Foster, Vice Chairman '.~' ~ i,' 1 ;;. '--f .
Karen T. Marcus ~'~~! .:'~ ~.:. T ! ~ :. ~~ ,f.J: :: '';
Carol A. Roberts Department of Engineering
Warren H. NeweU and Public Works
Burt Aaronson
Maude Ford Lee
,
city of Delray Beach
434 South Swinton Avenue
Delray Beach, FL 33444
ATTN: Mr. Richard C. Hasko, P.E.
Deputy Director of utilities
RB: WEST ATLANTIC AVENUB PROM JOG ROAD TO MILITARY TRAIL
PALM BEACH COUNTY PROJECT . 88540A
JOINT PROJBCT PUNnING AGREEDNT
Dear Mr. Hasko:
Enclosed please find an original, executed joint project
participation agreement for your files.
Also, enclosed herewith are three original joint project funding
agreements for your utility work on the reference project.
Hardrives of Delray, Inc. was the lowest responsive bidder which
included your items of work in the amount of $66,783.00, which the
contract was awarded by the Board of County Commissioners on
september 20, 1994.
Please review and request the City to execute the agreements and
return all three originals for execution by the County.
If you have any questions regarding this matter, please feel free
to contact this office.
Sincerely,
~/~--
Ronald L. Crone, Director
Roadway Production
RLC:cs
!Enc.
cc: Edwin Jack, P.E., Deputy County Engineer
L. Javier Lopez, P.E., Program Manager/Roadway Production
Jim Fandrey, P.E./Roadway Production
Carl Miller, Director/Construction Coordination
Ronald L. Terrell, Sr. , P.E./Roadway Production
Evelyn Allen, Director, Administrative Services
Joseph F. Bergeron, CPA, capital Budget Manager/OFMB
"An Equal Opportunity - Affirmative Action Employer"
@ printed on røcycled papa' Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000
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AGREEMENT BETWEEN PALM BEACH COUNTY, FLORIDA
AND
THE CITY OF DELRAY BEACH
FOR FUNDING OF ROAD IMPROVEMENTS ON
WEST ATLANTIC AVENUE FROM JOG ROAD
TO MILITARY TRAIL
PALM BEACH COUNTY PROJECT NO. 88540 A&C
THIS AGRBBKBNT, made and entered into this
day of 1994, by and between PALM BEACH COUNTY,
a political subdivision in the State of Florida, herein referred
to as "COUNTY" and the CITY OF DELRAY BEACH, a political
sUbdivision in the State of Florida, herein referred to as the
"CITY",
. I T H B S S B T H :
WHEREAS, COUNTY and CITY desire to jointly participate
in the construction and utili ty relocation, adjustment, and
expansion of the water and sewer lines within the right-of-way
of West Atlantic Avenue from Jog Road to Military Trail; and
WHBREAS, Florida Statutes, Section 163.01, allows
governmental units to make the most efficient use of their
powers by enabling them to cooperate with other localities on a
basis of mutual advantage; and
WHEREAS , the execution of this agreement is in the
best interest of both governmental units by promoting efficient
utility construction along the West Atlantic Avenue right-of-way
referred to previously;
HO., TBBREPORE, for and in consideration of the mutual
covenants contained herein, the Parties to this Agreement agree
as follows:
,
, AGRBBHBNT WI:TH TKB CI:TY OF DBLRAY BBACK
1. The agreement between COUNTY and the CITY for the
Joint Funding Improvements.to West Atlantic Avenue from Jog Road
to Military Trail dated September 13, 1994 and attached hereto
(Attachment "A", Resolution R-94-1106D) is incorporated by
reference and made part of this agreement.
2. The CITY agrees to pay directly to the COUNTY costs
attributable to said construction and utility relocation,
adjustment, and expansion of the water and sewer lines and
adjustments of those CITY owned improvements for West Atlantic
Avenue from Jog Road to Military Trail as outlined and shown in
the Bid Documents for Palm Beach County Project # 88S40A.
3. Said summation of costs is stated in the amount of
$ 66,783.00 in accordance with the attached bid tabulation
(Attachment "B") and summary (Attachment "C") for the specified
work.
4. Costs shall be adjusted upon actual contract costs and
completion of the project using contract unit prices and actual
cpnstructed quantities, said quantities being measured by the
Palm Beach County Engineering and Public Works Department.
5. The CITY agrees to fund those contributions set forth
in Paragraphs ,1 through 3 above within thirty ( 30) days of
receiving written notice from the COUNTY that funding is
required.
6. The COUNTY is to be responsible for administering the
funds in accordance with the Agreement.
2
I'
, AGRBEKBNT WITH THE CITY OP DELRAY BEACH
7. The CITY is to be responsible for, and agrees to
provide or cause to be performed all inspection services during
construction and utility relocation, adjustment, and expansion
of the water and sewer lines of their requested work and final
certification for the aforementioned utility systems as it
relates to the CITY's work.
8. The COUNTY shall obtain CITY approval for any change
orders which increase the cost attributable to the utility
construction and adjustments to an amount greater than the
contract amount as stated in Paragraph 3 of this agreement. The
CITY shall be responsible for any cost caused by the CITY's
delays including but not limited to change orders attributable
to the roadway improvements as it relates to the CITY's work.
9. In the event that additional work and funding is
required, the additional cost attributable to said utility
construction and adjustments as outlined in the specifications
for this project is the respons ib il i ty of the CITY. In the
event of an under run attributable to said utility construction
and adjustments as outlined in the specification, the CITY will
be credited the excess amount.
10. without waiver of limitation as provided for in
section 768.28 (5) , Florida Statutes, and to the extent
permitted by law, COUNTY agrees to indemnify and hold harmless
the CITY from and against any claims, losses, demands or cause
of action of whatsoever kind or nature that the CITY, its agents
or employees, mayor could sustain as a result of or emanating
out of the terms and conditions contained in this agreement that
result from the COUNTY's negligence or willful misconduct.
3
,
I
, AGRBBKBNT WITH TBB CITY OF DBLRAY BBACR
without waiver of limitation as provided for in section
768.28 (5) , Florida statutes, and to the extent permitted by
law, CITY agrees to indemnify and hold harmless the COUNTY from
and against any claims, losses, demands or cause of action of
whatsoever kind or nature that the COUNTY, its agents or
employees, mayor could sustain as a result of or emanating out
of the terms and conditions contained in this agreement that
result from the CITY's negligence or willful misconduct.
11. All provisions of this Agreement calling for the
expenditure of ad valorem tax money by either COUNTY or CITY are
subject to annual budgetary funding and should either Party
involuntarily fail to fund any of their respective obligations
pursuant to this Agreement, this Agreement may be terminated.
12. Any and all notices required or permitted to be given
hereunder shall be deemed received three (3) days after same are
deposited in U.s. Mail sent via certified mail, return receipt
requested.
All notice to CITY OF DELRAY BEACH shall be sent to:
City of Delray Beach
434 South Swinton Avenue
Delray Beach, FL 33444
ATTN: Mr. Richard C. Hasko, P.E.
Deputy Director of utilities
All notice to the County shall be sent to:
George T. Webb, P.E., County Engineer
Engineering and Public Works Department
P.O. Box 21229
West Palm Beach, FL 33416-1229
ATTN: Roadway Production
4
,
, AGRBBKBH'l' WITH TBB CITY OJ' DBLRAY BBACK
IN WITHBSS WBBRBOJ', the Parties unto this Agreement
have set their hands and seals on the day and date first written
above.
CITY OF DELRAY BEACH PALM BEACH COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY
COMMISSIONERS
BY: BY:
(DATE) ( DATE)
ATTEST: ATTEST:
DOROTHY H. WILKEN, CLERK
BY: BY:
(DATE) (DATE)
APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL
SUFFICIENCY: SUFFICIENCY:
BY: BY:
CITY ATTORNEY COUNTY ATTORNEY
H:\rOadwa~grmt\88\88S40A.2DB
(final 10/11194)
5
I'
iN' ~4J II '1' '1 II f '/1!
,. \., ,I , ¡ ..
, AGRBBKBNT BETWEBN THE CITY 01' DBLRAY BEACH
AND
PALH BBACH COUNTY, PLORZDA
POR JOINT PROJECT PARTICIPATION IN CONSTRUCTION
POR WEST ATLANTIC AVENUB
PROK JOG ROAD TO KZLITARY TRAIL
PALH BEACH COUNTY, FLORIDA
PALH BEACH COUNTY PROJBCT NO. 88540 A
SEP , 3 '9~i
~Z8 A~, .ade and en~ered in~o ~his y
ot 19__, by and b.~w..n ~he COUNTY 01' PALH BEACH, .
political subdivision ot ~h. S~a~. ot Plorida, h.reinatt.r
, called and r.t.rr.d ~o as ~he "COUNTY" and ~he CITY OJ' DILDY
I BBACH, .unicipality in ~h. s~a~. ot plorida, h.r.inat~er
I a
i
call.d and r.t.rr.d to as the "CITY",
. Z ~ . B S S B ~ K :
1IIIBUA8 , ~h. CZTY and ~h. COUNTY are au~horiz.d ~o en~er
in~o ~his aqr....n~ pur.uan~ ~o S.ction 163.01, J'lorida
Statut.s, as ...nd.d, which p.rmit. local qov.rnm.n~al uni~. to
i make the most .ffici.nt u.. of ~heir pow.r. by .nablinq th.. ~o
: coop.rate with other localities on a basi. of .utual advantage,
and
1IIIBUA8, the COUNTY has caused to b. prepared roadway
I
'i construotion plans and speoifioations for improving .est
!
I Atlantic Av.nue fro. Joq Road to Kilitary Traill and
!
:1
,\ 1IIIBUA8, the CITY has caus.d to be pr.pared u~ility
:¡
II construction plans and specifications for the removal,
II replacement and adjust..nts of the water and sewer lines for the
i' atorem.ntion.d' portion of .est Atlantic Avenue tro. the LWDD B-3
I
I Canal to Kilitary Trail, which will serve portions of ita
I
..rvice ar.a, and
I
i WPBDRa., both CZTY and the COUNTY d.clare ~ha~ it is
in the public int.rest that the utility removal, replacement and
adjustments ot ~he wa~.r and sew.r line. be con.truc~ed with the
afore.en~ioned .est Atlantic Avenue fro. Joq Road ~o Military
Trail improv...n~., and
1
.
cJ:n oW' DBLR1Y BDCK
,
WBBRBAS, the CXTY has budgeted funds for tbe utility
removal, replacement and adjustments of tbe water and sewer
lines along the authorized service section of West Atlantic
Avenue from tbe LWDD B-3 Canal to Military Trail; and
1IBBBBU, tbe CITY is desirous of funding tbe costs for
tbe utility removal, replacement and adjustments of tbe water
and sewer lines wbicb would benefit tbe CITY, and
1IIIBBBU , the CXTY will perform all inspections,
testing and certification. required for tbe utility removal,
replacement and adjustments of the water aDd sewer lines to
insure compliance with their .pecifications and permits,
BO., !rIIBUI'OU, for and in consideration of tbe mutual
covenants contained berein, tbe Parties to this Agreement agree
as follows:
1. Tbe recitals set fortb above are hereby adopted and
incorporated in tbis agreement.
2. Tbe COUNTY agree. to:
A. Adverti.e for bid., submit bid. to the CXTY for
review, and award a contract for tbe
. improvements for West Atlantic Avenue fro. Jog
,
Road to Military for tbe utility removal,
;,
I replacement and adjustments of tbe water and
"
!
,i sewer lines wbicb are to be owned by tbe CXTY.
.
,
B. Administer tbe above contract and administer tbe
funds in accordance witb tbis Agreement.
2
,
I
c:tn 01' DBLnY BDCK
,
C. Supply the C:ITY with a contract audit in
accordance with standard accounting procedures
which reflects total, final costs of the utility
removal, replacement and adjustment of the water
and sewer lines, upon completion of tbis
project.
D. To the extent the county is charged with design
for the roadway construction plans of the
project, the COUNTY agrees to be responsible for
any and all liabili ty with regard to its
performance of the requirements of this t
agree.ent.
3. The CITY agrees to:
A. Use a professional engineer selected by the C:ITY
to prepare design plans for the utility removal,
replacement and adju.tments of the water and
.ewer line. and obtain all necessary permits for
the project.
B. Pay the costs of engineering .ervices to
accomplish design plans for the utility removal,
replacement and adjustments of the water and
sewer line. for the project.
I
I
C. provide or cause to be performed all inspection
servioes for the utility removal, replacement
anc! adjust.ents of the water anc! sewer lines
during oonstruotion anc! final oertifioation for
the afore.entioned utility re.oval, replaoement
anc! adjustments of the water and sewer lines.
3 J\'M' J\CID'IEN'1' ",,"
I
CX'1'Y 01' DBLJmY BDCK
,
D. To the extent that the CITY is charged vith
design for the utility removal, replacement and
adjustments of the vater and sever lines of the
project, tbe CXTY agrees to be responsible for
any and all liability vitb regard to its
performance of the requirements of this
agreement.
B. To contribute and to forward to tbe COUNTY tbe
funding for the actual costs of utility removal,
replacement and adjustment of tbe vater and
sever lines. contributions and funding for the
cost of such removal, replacement and
adjustments shall be paid by the CITY as such
costs accrue vi thin 30 days after a bill for
same bas been sent by the COUNTY to tbe CITY.
4. Both the COUNTY and the CITY agree to pay to the other
such funds as are indicated in the tinal audit set
forth in Paragraph 2 (C) above, vhich vill balance
acoounts between tbe parties.
5. This Agreement shall be executed in triplicate and
the COUNTY shall retain two (2) and the CITY shall
retain one (1) copy. All sball be considered an
original.
I. ADy and all notices required or permitted to be given
hereunder shall be de_ed received five (5) days after
same are deposited in u.s. KaU sent via certified
i
I mail, return reoeipt requested.
All notice. to tbe CITY .ball be .ent tOI
City of Delray Beach
434 South Swinton Avenue
Delray Beach, I'L 33....4
ATTNI Kr. Ricbard Basko, P.B.
Director of Public utilities
.. ATTACHMEN'I' . A·
.
.
CZft O~ DBLRAY BUCB
,
All notices to the COUNTY shall be sent tOI
Georqe T. Webb, P.B., county Bnqineer
Enqineerinq and PUblio Works Department
P.O. Box 21229
west Palm Beach, ~L 33416
ATTHI Roadway production
1:B WZYRBSS "'RBO~, the county of palm Beach, ~lorida has
caused this Aqreement to be .iqued by the Chairman of the Board
of county Commissioners and the seal of said Board to be affixed
hereto and attested by the Clerk of said Board, pursuant to
authority qranted by said Board, and the CITY has caused' this
Aqreement to be siqued in its name by its chairman and its ..al
to be affixed hereto, attested by its secretary, the date and
year first above written.
CZTY O~ DBLRAY BBACB PALK BEACH COUNTY, ~LORIDA,
BY ITS BOARD O~ COUNTY
COMHISSIOHERS
BY~.. .. ~-:;*t/ ". By. J1~c;. s::6
, D It}' ':·b ,þ 1 '. I, ... ,[ ~ HAl ;::;....=...~)
f\ 7 t, j : J {'.
ATTBST: ATTBST:
DOROTHY B. WXLDH, CLERK
BY:()J.l~~j¡j/~lIniiy¿;).-:ßU1v\~'.,~~I,~a'~AWfp 13199
DATE .:tt'{7¥-...t..... DeDutvCterk DATE
;"Q' 'tJ'. Be", PO" .
APlIROVBD AS TO I'ORK AND Jr:c:'q,'t-v C-sÀ~OVBD AS TO I'ORK AND LEGAL
LBGAL SUI'I'ICIBHCYI ~~: COUNTY,S!!rICIBHCYI
~cÐ'. .I::- ,.... ,''''~
.1 " '\ l. OR\Q ,'ò1
Uili~ '.,+,¡... ,.;¡;: ~
. " ~"h'" ~: ,
. BY: . ".,?,\,,,~....~~-jy: flþ,. '..,G.-(/ -'"'
~"::>~ CITY ATTORHBY COUNTY ORHBY
h:\RClADllAY\AGItIIT\e8\1I8540A.1D.
(revised 7/6/94)
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A'rl'ACBMENT -B-
Page 10 of 12
.
, '
ATTACHMENT "C"
PROJECT NAME: WEST ATLANTIC AVENUE JOG ROAD TO MILITARY TRAIL PROJECT # 88540 A&C
AND WEST ATLANTIC AVENUE AND JOG ROAD INTERSECTION
BID OPENING DATE: AUGUST 2, 1994
CITY OF DElRAY BEACH
ITEM QUANTITY/UNITS UNIT PRICE TOTAL
=======================================================================================================
126 12" DIP WM (CLASS 52 CEMENT-LINED)(F & I) 702 IF S42 . 00 $29,484.00
127 TRENCH SAFETY (12") 702 IF $1.00 $702.00
128 6" DIP WM (CLASS 52)(CEMENT-LINEDHF&1) 26 IF $40.00 $1,040.00
129 TRENCH SAFETY (6") 26 LF $1.00 $26.00
130 4" DIP FM (CLASS 53 POLY-LlNEDHF & I) 320 LF $33.50 $10,720.00
131 TRENCH SAFETY (4") 320 IF $1.00 $320.00
132 12" BUTTERFLY VALVE & BOX 2 EA $1,575.00 $3,150.00
133 6" GATE VALVE & BOX 3 EA $525.00 51,575.00
134 6" CUT-IN VALVE & BOX 1 fA S4,800.00 S4,800.00
135 12" DIP PLUG 1 fA $210.00 $210.00
136 12" PLUG Wl2" BLOW OFF 1 fA 51,050.00 $1,050.00
137 6" DIP PLUG 1 EA $200.00 $200.00
138 6" X 6t~ TAPPING TEE 1 EA $2,700.00 $2,700.00
139 SAMPLE POINTS 4 EA $275 .00 $1,100.00
140 FIRE HYDRANT ASSEMBLY 1 EA $2,000.00 $2,000.00
141 RELOCATE EXISTING FIRE HYDRANT 1 EA $1,250.00 $1,250.00
142 12" PVC WM REMOVAL & DISPOSAL 720 LF $6.00 S4,320.00
143 6" PVC WM REMOVAL & DISPOSAL 46 LF $6.00 $276.00
144 4" PVC FM REMOVAL & DISPOSAL 310 LF $6.00 51,860.00
------...----.--
TOTAL AMOONT $66,783.00
\
ATTACHMENT ·C·
,
.
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ßiij
SUBJECT: AGENDA ITEM # 8 I - MEETING OF NOVEMBER 1. 1994
AWARD OF BIDS AND CONTRACTS
DATE: OCTOBER 28, 1994
This is before the Commission to approve the award of the
following bids and contracts:
1. Bid Award - to Carolina Fitness Equipment Company, via Palm
Beach County School Board Bid, for fitness equipment for the
Police Department. Funding in the amount of $21,799.15 is
available from the Police Reserve (Account No. 115-2111-521-
49.90) , and Police Administration - Other Mach./Equipment
(Account No. 001-2111-521-64.90) .
2. Bid Award - to Club Car, for the purchase of 80 golf carts,
under a four-year lease/purchase agreement. Funding in the
amount of $162,317 is available in the Golf Course Pro Shop
Other Rental/Lease Costs (Account No. 445-4713-572-44.90) .
I
. .
.
"-
Agenda Item No. : g:£. /
AGENDA REQUEST
Date: 10/21/94
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: November 1. 1994
Description of agenda item (who, what, where, how much):
Award to Carolina Fitness Equipment Co. for Fitness Equipment from Palm tleaCh
Cmlnty School Board Bid #SB94C-63B at cost of $21,799.15
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Carolina Fitness Equipment Co. for Fitness F.quipment
from account 115 2111 521 49.90 for $21,799.15 via Schoold tloard Bid
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
"
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~ NO
Funding alternative: . (if a~liCa~le)
Account No. & Des:gPtiOD' (~-ZJI~-~~.crr4V ¡¿ìK8t: AOIf. ~u.le
Account Balance: r1XO
, /~ r {I -2-111-52..-1.4£1-Qo POL.((k; Rt;ge.ve
C1 ty Manager Rev1ew: '2-SJ 7Jðc.~
Approved for agenda: ~/ NO Øfv1
Hold Until: C7' v' (
,
Agenda Coordinator Review:
.
Received:
Action: Approved/Disapproved
.
M E M 0 RAN DUM
TO: DAVID T. H~ MANAGER
THROUGH: JOSEPH SAFFOR , CE DIRECTOR
FROM: JANICE SLAZYK, BUY~
DATE: OCTOBER 20, 1994 '
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING-
NOVEMBER 1 , 1994 - FITNESS EQUIPMENT FOR
POLICE DEPARTMENT
Item Before City Commission
The City Commission is requested to make award to Carolina
Fitness Equipment Company for Fitness Equipment for the
Police Department at a total cost of $21,799.15. Pricing
per Palm Beach County School Board Bid #SB94C-63B.
Backqround:
The current equipment is outdated and is in need of
repair/replacement.
Recommendation:
Staff recommends Carolina Fitness Equipment at an estimated
cost of $21,799.15.
Attachments:
Memo from Police Department
g.!./.
.
.
DELRAY BEACH
f l 0 . I 0 ...
Delray Beach Police Department D.ftI:II
AlI·America City
300 West Atlantic Avenue · Delray Beach, Florida 33444·3695 , , III!
(407) 243·7888 Fax (407) 243·7816
1993
MEMORANDUM
TO: Janice Slazyk, Buyer ~
FROM: David Junghans, Administrative Office ~
DATE: October 11, 1994
SUBJECT: FITNESS EQUIPMENT
The Police Department is currently working with the Carolina Fitness Equipment
Company to establish our requirements for new fitness equipment. The
equipment currently in use is out of date or in need of repair/replacement.
Additionally, the equipment presently in use was donated to the Department over
several years. To date, no City money, to the best of our knowledge, has been
used to purchase any equipment.
Eleven items have been identified, to include new flooring, to upgrade the
Department's facility. The total price, which includes shipping and set-up of the
equipment by Carolina Fitness personnel is $21,799.15 (a copy of the quotation
is enclosed). This fiscal year's budget has $9,200.00, account number 001 2111
521 64.90, approved for the purchase of the equipment. The balance of
$12,799.15 will come from the Police Reserve Account, number 115 2111 521
49.90.
The old equipment that is serviceable will be given to the City Fire Department for
use in one of their substations. Any questions should be addressed to David
Junghans, extension 7852.
DJ/ppt
.
1M. 26
, "AMERICA'S FITNESS STORE/:' ...
DO" fill' ® '14ip S. MILITARY TRAIL , , ~A.Jf .10/04/94
r~ '1 _~ I .WESTPALMBEACH,FL 33415 fOl ", bELRAV
~ ~ II~. PHQ'.IE : (407) 641-8901 S1fIP VIA BEST
. . SHIP OAR ,.' / /
QUOTATION .. I',STAll~t... MAAK"
nus ,-, PO' H_____
- OATr DESIRE' / - /
SOLD Tq: DELRAV pqJ..ICE DEPAR'ij4ENT SHIP TO: DELRAV POlICEOEPARU4EtfT,
..., DAVIO . ' . .. ,..',':, , D~y'rD ;. .-' ,~,: '
300 WESTÄTLANTIC AVE. 300 WEST ðTLANTIC AVE. ·
, DELRAVB~ACH. FL 33444· DELRAVBEACH. FL 33444
PHQ'4~: 4072437852 PHONE: 4()12%37852
SOLD BV : 1419 CASH SALE
SALE TYPE : G
--------------------------------------------------------------------------------------------
ORDR SHIP ITEM NO DESCRIPTIQ'.I PRICE AMOUNT
-------------------~------------------------------------------------------------------------
o 0 0.00 0.00
1 0 MISC PALM BEACH TROTTER LEG EXTENSIQ'.I· DISC 1~ 2237.29 2231.29
1 0 MISC COUNTV BID' TROTTER LEG CURL DISC 101 2216.70 2216.70
1 0 MISC 95C-43B TROTTER Sturn MACHINE DISC 1~ 2402.10 2402.10
1 0 MISC TROTTER BENCHW!SPOTTER DISC 1~ 539.50 539.50
1 0 MISC" ALL PRICES .. TROTTER .ADJUSTABLE FLAT DISC 10" 688.50 688.50
1 0 MISC DISCOUNTED" TROTTER lAT PULL~ DISC 1~ 2026.98 2026.98
1 0 MIse TROTTER SEATED ROW DISC 1~ 2123.73 2123.73
1 0 MISC TROTTER LEG PRESS DISC 1a% 2402.10 2402.10
13 0 MISC RUBBER MATS 4X6 DISC 1<>" 55.00 715.00
..1 0 MISC TECTRIX CLIMBMAX STAIR. DISC 15'- ·2545.75 2545.75
2 0 MISC TECTRIX BIKEMAX DISC 15'- 1950.75 3901.50
SUBTRACT DISCOUNTS
ALL PRICES SUBJECT TO CHANGE IN 30 DAVS
Accephllce: This cOIstitutes a perchse. Pay.tat wit I be rudered wnder the tens NET SALES 21799.15
alld cOlldiUoas listed hereh. An, changes h th order lust be tade .itUII ) SALES TAX 0.00
buiMSS d.ys:..Catlce1htioll of this order hcurs I restockiAg ,fee of U\ . GWAership FREIGHT CHARGE 0.00
is retahed by CaroliAa Fitll~s Equiplent ..to order is paid h ht!. Carolina FHlless DELIVERY CHARGE 0.00
EquipleAt resenes the right to retake possessioll of aD, or al1 eqlfpaent IIIpai d TOTAL AMOUNT 21199. 15
after terls of pa,lent have expired. AMOUNT PAID 0.00
BALANCE DUE q..t799.~
I haye read the aboye aAd agree to conditiolls and teras of Carolina Fitness EquipaeAt
ACCEPTED FOR : ~
ACCEPTED BY:' K_ DATE : \OhO~
QURCHASE ORDER * S '3 \ 0
CAROLIMA FITMESS.EQUIPNEMT
,
. l~4- Ju I 12'94 l~', : 11 ".JO . I,ll) ';: r'. I_I L
: RROL I 1,1 R F I H.\E S, S TEL :407-f·41-':~::!~' - -------
-
THE SCHOOL BOARD OR. C. MONICA UHLHORN
OF PALM BEACH COUNTY, FLORIDA SUPËFI:NTI'NDIfNT
Of'SCHooLS
CONTRACTING &. PROCUREMENT DEPARTMENT
3326 FOREST HILL BOULEVARD
WEST PALM BEACH. FL 33406'581~
. (407) 434-8216
Date: Septembe1" 2 . 1993
To: CAROLINA FITNESS EQUIPMENT
1133 N. Federal Hwy.
Ft. Lauderdale FL 33304
At tn: Robert L. Lawrence
Subject~ Le t t e r of Agr~ement
Per Bid No.: SB94C-63.ß
Title: ATHLETIC & PHYSICAL EDUC. SUPP. & EQPT.
,Thi s is to advise you t ha t on September 1 . 1993, the School Board
of Pa lit Beach County, Florida. FlQrida, has accepted your ofter
to furnish ser.....ices. equipment. and/or supplies. Thi s
acceptance is subject to compliance with bid specifi.cations.
tC!trllS and conditions, all p~T t i n~n t laws of the State of Florida.
and instructions as determined by the General Counsðl for the
School Boar4.
Purchase Order(s) will be issued to cover scrvices, equl pmen t .
and supplies as the need ari$~::¡.
Per bid Special Condition E, "Catalogue", you are required to
supply the schools and departments (see attached list> with the
curTent catalo&,ue as supplied with your bid.
Thank. you fot' your bid and we are looking forward to dOing
busines! wi th your com.pany,
Sincerely,
B~~ordin.liJ(
Depar haen t of Purçhasine- and Stores
cc-: bid flle
"
-------. -- ......-......--...----.
.
LH~ULINH ~lINt~~ I t:.L : 4U (-f:,4'1-'~1~34,~, Jul 12'94 13:12 No.DD9 P.D3
.-.---......
. .
,
~" J~~I.J'ðTION NO. SB 9~C-63B
VENDOR CATALOG - EQUIPMENT
ADD LJJQ N DEDUCTION
2. Single Fixed Percentage Addition or Deduction ... .d % %
Athlëtic and Physical Education Equipment
MANUFACTURER CATALOG - SUPPLIES
3. Single Fixed Percentage Addition or Deduction
Athletic and Physical Education Supplies
!1-¿L. 8A-IlS &ll2~#- '\I- ¡;o:!c:;s.<:.A.~ r) - % ,35 %
¡,.J e-! ~. µ- t?FC-T5 (ANY ",~j ~_~ - % ~S" %
ðoll~ - ¿'/o %
..--'-' -_%
rrtt- 2> t<....n "F."h5 ---:.~% 35 %
.
Iftt.> tJû¡ A-p/~ a.. ST~IJ~ --- % 17 %
.
þ~> - % -- %
- --
MANUFACTURER CATALOG -EQUIPMENT
4. Single Fixed Percentage AddItion or Deduction
Athletic and Physical Education Equipment
£i ' ~ ('" .......~) - % /0 %
,
. ~RA;Y ~~~/rw~s t!c~'f_ /ð
u¡u"" Ùy ~..- ~ - % %
L " ~ P;·"r7VF::"~ l ~t:-. - % IS %
. -~-
~ÆE'~</'< Us.+- , -- ~ .-.0/0 ~C. %
7 ~ -r;ie'lJ.() /111'(.. LS - % ,.2,0 %
...........--
Te~'~ ~5 I /~ %
E7j>w f . .......-. . ~ ,o~
BID REQUIREMENTS
1. Catalo,g: Submitted with this bid. . . . . . . . . , , . ~Yes No
(See Special Condition E) $~
2. Minimum Order Amol.,JD.t (If applicable), . . . .. ..
(See Special Condition G)
3. Oeliverv: Discounted catalog list prices to be
FOB Individual destinations. (See Special Condition B) s
·7-
'.
.
. 01(
tfY1
[IT' DF DELRA' BEA[H
DELRA Y BEACH
, lOR I n A
tr.ezII 100 N,W, 1st AVENUE· DELRAY BEACH, FLORIDA 33444· 407/243-70CO
All-America City
, III I! MEMORANDUM
1993
TO: David T. Harden, City Manager
FROM: fj/J Robert A. Barcinski, Assistant City Manager
SUBJECT: AGENDA ITEM #1f.Â.. CITY COMMISSION MEETING 11/1/94
IUD AWARD - GOLF CARTS
ACTION
Clty Commission is requested to approve the purchase of 80
golf carts, under a four year lease purchase agreement with
Club Car, in the amount of $162,317. One year payment is
$40,579. Funding is available in the Golf Course Pro Shop
"Other Rental/Lease Costs" account number 445-4713-572-44.90.
BACKGROUND
Our current fleet of golf carts was purchased on 1/1/90 and
are approximately five years old. The carts are in poor
condition and have reached their expected life of 4-5 years
for our course. Maintenance costs are rising and staff and
Mr. Dubin recommend replacement.
Mr. Dubin solicited proposals from three vendors under GSA
Contract. Prices were received for outright purchase,
trade-in allowance, and 48 month lease purchase. Bid summary
attached. Also attached is a memorandum from Mr. Dubin
outlining bid summaries and reasons for selecting Club Car.
In addition, Club Car is guaranteeing a trade-in allowance of
$1400 per cart at the end of the four year term on new carts.
We have budgeted $45,700 in this fiscal year for golf cart and
utility cart purchase.
RECOMMENDATION
Approve award for four year lease purchase of 80 golf carts
from Club Car, per recommendation of Mr. Dubin.
RAB:kwg
Attachments
@ Printed on Recycled Paper THE EFFORT ALWAYS MATTERS
'.
·
CITY OF DELRAY BEACH
GOLF CART ACQUISITION ANALYSIS
OCTOBER 24, 1994 I !
I
I I ' I
! i
! CLUB CAR I ! YAMAHA i E-Z GO
I .
! ! ¡
I :
ACQUISITION COST i ¡
J ¡
I J I
QUANTITY 80 I I I
I
¡ i 239,200 i
NEW 1995 GASOLINE GOLF CARTS( 250,960 ¡ 224,880
I
I ¡
!
! I
TRADE-IN ALLOWANCE ¡ ¡ i
!
QUANTITY 80 I i ¡
]
I i
USED 1990 CLUB CAR GASOLINE j i i
I i
GOLF CARTS i (106,400) i (92,000)1 (72,000)
I
I
j I .
NET COST AFTER TP.ADE-IN ALLOWANCE! 144,560 i 147 ,200 i 152,880
I r-
¡ !
I j
¡
I ¡
TOTAL COST FINANCED OVER 48 MONTH4 162,317 i 164,240 : 177,5%
i
I
i !
¡
YEAR 1 ! 40,579 41,040 i 0
¡
YEÞ.R 2 40,579 41,040 ; 50,817
YEAR 3 40,579 I 41 040 i 63,389
I
i ' ¡
YEÞ.R 4 40 ,580 ¡ 41,120 l 63,390
,
I
162,317 ¡ 164,24{¡ ! 177,596
r-
i ~ ¡
,
·
AS 'aCT 20 1994
,
DONALD ROSS· 1923
TO: Bob Barcinski
FROM: Brahm Dubin
DATE: October 17, 1994
RE: Purchase of Golf Carts
The staff of Delray Beach Golf Club are recommending we purchase
80 gasoline golf carts from Club Car in October/November 1994.
Our 80 golf cart fleet was purchased on January 1, 1990 by
Gilbert Goldstein.
The useful life of golf carts is typically no more than 4 years.
Therefore, we believe that it is now time to replace our entire
fleet.
The staff reviewed proposals from Yamaha, E-Z-Go and Club Car.
All three are comparable in quality and' cost and can be obtained
through GSA contract.
Enclosed is a memo from Sean O'Connor and Tom Arendt detailing
their reasons for choosing Club Car.
We are recommending purchasing the 80 golf cars from Club Car
over four years. The three proposals submitted were as follows:
A. Yamaha
1 . Net cash purchase after trade in. $147,200
2. Total payments over 48 months. $164,160
B. E-Z-Go
1 . Net cash purchase after trade in. N/A
2. Total payments over 48 months. $197,555
C. Club Car
1 . Net cash purchase after trade in. $144,560
2. Total payments over 48 months. $162,316
In addition Club Car is guaranteeing a buy back at the end of
4 years at $1400 per car.
The GSA numbers are as follows:
Club Car F41999-93D-6040
Yamaha F419999-1D-6111
E-Z-Go F41999091-1D-6007
, . 2200 Highland Avenue· Delray Beach, Florida 33445 · (407) 243-7385
- Managed by DubIn & AssocIates -
·
þ,r;. OCT 2 0 1994
, ;>.,,-. .'
DONALD ROSS· 1923
TO: Brahm
FROM: Sean & Torn
DATE: August 28, 1994
RE: Golf Cart Selection
We believe the Club Car to be a superior product for the
following reasons.
1 . Weight,- less weight than competitors.
2. Armor-Flex body - this new development will greatly reduce
light impact damage. The impregnated color will allow buffing
scratches out.
3 . Aluminum frame - does not corrode and increases resale value.
4 . Turning radius - smallest of the three bidders. This is
important in storage and handling of carts.
5. Emissions - Club Car claims lowest emissions.
6 . Fuel capacity - more rounds per fill-up with Club Car.
7. Sand bucket arrangement - removable sand buckets are a better
feature than the set up of competition.
S. Training program - Club Car has a factory training program.
9 . Overall appearance - a subjective point of view but we feel
the Club Car is a better looking machine than others.
1 O. Inventory - we have an inventory of Club Car parts. Not
large but we have special tools etc. that probably total
about $2,000.
1 1 . Familiarity - we have been working with Club Car for 4 years
and are familiar with suppliers of parts etc. We know where
to buy to get the best prices.
1 2. Governor protection - Engine protection of the Club Car
is superior to the others. R.P.M.'s must be controlled and
the Club Car design is the most efficient. The governor
is protected from outside influence and has an electronic
back-up. It is very important that these small engines do
not over rev. High R.P.M.'s greatly shorten engine life.
Because of the above reasons we recommend purchase of the Club
Car product.
T&S/cmd
2200 Highland Avenue· Delray Beach, Florida 33445 · (407) 243-7385
- Managed by Dubin & Associates -
'.
.
PURCHASE QUOTATION
Reference No. E 2566
®
3301 S,E. Slater Street · Stuart, Florida 34997-5706 · Telephone (407) 286-9904 · (800) 948-0090 · Fax (407) 286-9910
PREPARED FOR: CITY OF DELRAY BEACH DATE OF QUOTE: OCTOBER 5, 1994
C/O DUBIN , ASSOCIATES SALES PERSON: DAVID KELLY
1177 NE 8TH STREET, SUITE 309
DELRAY BEACH, FLORIDA 33483 REF: DELRAY BEACH HUNI GOLF CLUB
ATTN: MR. BRAHM DUBIN/PRESIDENT "SUPERSEDES ALL PURCHASE QUOTATIONS
PHONE: (407) 243-8008 PREVIOUSLY PRESENTED"
WE ARE PLEASED TO SUBMIT THE FOLLOWING QUOTATION:
UNIT EXTENSION
QUANTITY DESCRIPTION PRICE PRICE
80 New 1995 CLUB CAR Gasoline golf car $3,137.00 $250,960.00
with OHV Engine, Double Cup and Tee
Holders plus the following optional
equipment:
- Canopy Top
- Sweater Basket
- Bagwell Protector
- Sandbuckets (2 per car)
- Rake Kit
- Power Rib Tires
- I.D. Number Decals (2 per car)
$3,137.00
TOTAL COST: (80) CLUB CARS............... . . . . . . . . . . $250,960.00
80 TRADE-IN: 1990 CLUB CAR Gasoline
golf cars in Club's current fleet
operation. All cars to be equipped as
delivered, complete with canopy top;
(1) battery per car and in running
condition @ an average price of......... (1.330.00) (106.400.00)
$1,807.00
TOTAL COST: (80) CLUB CARS AFTER TRADES.. . . . . . . . . . . . $144.560.00
TERMS FO.B. APPROXIMATE DELIVERY DATE SHIPPED VIA
Net 30 Days w/prior Your Club November 15, 1994 CLUB CAR
'f- - ,
Prices quoted are those in effect at the time of quotation and are guaranteed subject to acceptance within 15 days, Applicable state or local
taxes not included. All credit terms must be approved by CLUB CAR, INC, prior to delivery, Customer to submit required credit information for credit
approval. Delivery lead time of 4 to ~_~_~. weeks normally required,
Accepted By: CLUB CAR, INC,
Company: By:
Title: Title: TERRITORY SALES AGER
Date: Thank you for your interest in our products.
MiUer #23311-H/1- E-FL - Rev. 7/94 1)"tTA 1
.
·
MUNICIPAL LEASE QUOTATION
$1 .00 PURCHASE OPTION
DS GASOLINE CLUB CAR
FOR: THE CITY OF DELRA Y BEACH DATED: OCTOBER 5, 1994
C/O DUBIN & ASSOCIATES
1177 NE 8TH STREET, SUITE 309 SALESPERSON: DAVID KELLY
DELRA Y BEACH, FLORIDA 33483
ATTN: MR. BRAHM DUBIN/PRESIDENT "SUPERSEDES ALL LEASE QUOTATIONS
PHONE: (407) 243-8008 PREVIOUSL Y PRESENTED"
***********************************************************************
CLUB CAR proposes to lease through it's Primary Lending Source, Associates Leasing, Inc., and
with prior credit approval, (80) New 1995 CLUB CAR DS Gasoline golf cars equipped as per
enclosed Purchase Quotation No. E-2566, with all pricing including delivery and setup at the Delray
Beach Municipal Golf Club based on the following terms:
TERM RATE PER CAR PER MO.
48 MONTHS $42.27
NOTE: Club owns cars for $1.00 upon satisfaction of Lease Agreement.
The above proposal is firm for (30) days based on delivery by November 15, 1994, or sooner.
The rates quoted include the trade-in of (80) 1990 CLUB CAR DS Gasoline Model golf cars in
Club's present fleet operation. Trade-in values have been applied to lower the monthly payment,
All trades are to be complete and in good working order at time of pick-up, normal wear and tear
accepted.
NOTE: First lease payment due upon delivery of said cars. Documentary stamps, UCC-1 filing
fees and Document Preparation costs are the responsibility of the Club and are to be paid
at time of delivery for said new cars.
ACCEPTED BY: BY CLUB CAR, INC.
CLUB NAME:
TITLE: TITLE:
DATE: DATE:
Page 3
'. '
.
FUTURE GUARANTEED TRADE VALUE
FOR:
DELRA Y BEACH MUNICIPAL GOLF CLUB
CLUB CAR will guarantee the following minimum future trade value to be applied
toward the purchase or lease of new CLUB CARs after four (4) years of operation.
. Guaranteed Trade Value after (4) years $1 AOO.OO
All trades are subject to normal wear and tear and must have all accessories intact.
Vandalized, wrecked, or non-running cars will be evaluated accordingly at time of pick
up.
Page 6
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·
CLUB CAR SERVICES AND INFORMATION
PARTS AND SERVICES
To be offered through CLUB CAR-East Florida and its local authorized service dealer,
Professional Golf Car Corporation of Florida, located in West Palm Beach, Florida.
PGCC has been the recipient of CLUB CAR's prestigious "National Service Award" for
five (5) of the last six (6) years.
FACTORY SERVICE SCHOOL
CLUB CAR offers a Factory Technical Training Seminar for those employees
connected with your golf car operation and is held at our manufacturing facility in
Augusta, Georgia. The only cost to the Club is the attendees transportation to and
from Augusta, Georgia and for any personal incidental expenses. The school is
directed by a professional educator and will help provide the attendee with an
excellent knowledge of the golf car. Also, CLUB CAR offers a "Golf Management
Seminar" for the golf professional, or Club Manager, that will enhance their overall
management skills of the golf car fleet. In addition, attendance will provide
recertification points toward the Class" A" PGA Membership for the golf professional.
Also, CLUB CAR-East Florida provides a Field Service School on a periodic basis.
FLEET EVALUATION
CLUB CAR is still the only manufacturer committed to field reliability, so we will
periodically send our Technical Representative to your facility. These visits are always
at No Charge and part of our commitment to the product after the sale. The Technical
Representative will evaluate your golf car fleet operation and will work with your
personnel to maximize the efficiency of your fleet.
NEW CAR DELIVERIES
All new cars delivered will have canopy tops completely installed by CLUB CAR
personnel, or its local authorized dealer at No Charge to the Club. The Club is
responsible for removal of canopy tops from any trade-in cars that apply to the new
car delivery. Tops must be broken down complete and hardware put in a box for
removal.
Page 7
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·
CLUB CAR LIMITED LIFETIME WARRANTY FOR 1995 FLEET GOLF CAR
IN THE UNITED STATES AND CANADA
1. WARRANTY: CLUB CAR, INC. ("CLUB CAR") hereby warrants to the strict product liability or otherwise, is limited to the repair or replacement,
Original Retail Fleet Purchaser or Original Retail Fleet Lessee, as those at CLUB CAR's option, of a golf car or component thereof that
terms are defined herein, and subject to the provisions, limitations and CLUB CAR deems to be defective. Replacement shall mean furnishing,
exclusions contained in this limited warranty, that its new 1995 Model during the applicable limited warranty period, a new golf car or factory
DS golf car purchased from CLUB CAR or an authorized distributor or reconditioned vehicle or component thereof which is identical or
dealer for use in the United States or Canada shall be free from defects reasonably equivalent to the warranted product or component at no cost
in materials and workmanship under normal use and service as a golf car to the purchaser. Repair shall mean remedying a defect in the golf car or
for the periods stated below. component thereof at no cost to the purchaser during the applicable
limited warranty period. If CLUB CAR elects to repair the golf car, it may
LIMITED LIFETIME WARRANTY: The golf car frame (excluding the front provide factory reconditioned parts or components. All parts and
and rear bumper mounts), the rack and pinion steering gearbox unit, and components replaced under warranty shall become the property of
the suspension system (defined as the shock absorbers, shock mounts, CLUB CAR,
A-plate, leaf springs, shackles and associated hardware) are warranted
with respect to parts and labor against defects in materials and 5. HOW TO MAKE A WARRANTY CLAIM: To make a warranty claim
workmanship for the lifetime of the vehicle while owned by the Original under this limited warranty, you must present the golf car or defective
Retail Fleet Purchaser or in the possession of the Original Retail Fleet component to an authorized CLUB CAR distributor or dealer or send the
Lessee. defective component, freight prepaid, to WARRANTY ADMINISTRATION,
CLUB CAR, INC., 4152 Washington Road, P.O. Box 204658, Augusta,
LIMITED THREE YEAR WARRANTY: The gasolina engine, transmission, Georgia 30917-4658.
torque converter (drive and driven). drive unit, starter generator, and
electric motor are warranted with respect to parts and labor against 6. DEFINITIONS: For the purpose of this warranty, an Original Retail
defects in materials and workmanship for a period of three years from the Fleet Purchaser is the original purchaser of the golf car who is in the
date of purchase while owned by the Original Retail Fleet Purchaser or in business of owning or operating golf courses and who purchases such
the possession of the Original Retail Fleet Lessee. golf car for the purpose of renting it to golf players for use on such
courses. An Original Retail Fleet Lessee is the first end-user of the golf
LIMITED TWO YEAR WARRANTY: All remaining components of tha golf car who is in the business of owning and operating golf courses and who
car not specified otherwise are warranted with respect to parts and labor leases such golf car for the purpose of renting it to golf players for use
against defects in materials and workmanship for a period of two years on such golf courses. In the event the golf car is purchased or leased by
from the date of purchase while owned by the Original Retail Fleet any entity for the purpose of leasing it to an Original Retail Fleet Lessee,
Purchaser or in the possession of the Original Retail Fleet Lessee. then this limited warranty shall extend only to the first Original Retail
Fleet Lessee, and not to such entity or to any subsequent lessee of the
This limited warranty covers materials, workmanship and repair labor cost golf car.
as to those items specifically listed above for the periods specified. Such
rapair labor shall be performed only by CLUB CAR, its authorized 7. DISCLAIMER: THIS LIMITED WARRANTY IS EXCLUSIVE, CLUB CAR MAKES
distributors or dealers, or a service agency approved by CLUB CAR, NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
IF THE WARRANTY REGISTRATION FORM IS NOT COMPLETED AND RETURNED WHICH EXCEED THE OBLIGATIONS OR TIME LIMITS STATED IN THIS WARRANTY
TO CLUB CAR AT THE TIME OF THE ORIGINAL RETAIL SALE, PURCHASER MUST ARE HEREBY DISCLAIMED BY CLUB CAR AND EXCLUDED FROM THIS
PROVIDE PROOF OF DATE OF PURCHASE WITH ANY WARRANTY CLAIM, WARRANTY, THE PURCHASER AND CLUB CAR EXPRESSLY AGREE THAT THE
REMEDY OF REPAIR OR REPLACEMENT OF THE DEFECTIVE GOLF CAR OR
2, EXCLUSIONS: Excluded from any CLUB CAR warranty are all optional COMPONENT THEREOF IS THE EXCLUSIVE AND SOLE REMEDY OF THE
equipment and accessories, fuses, filters, decals, spark plugs, lubricants, PURCHASER. CLUB CAR MAKES NO OTHER REPRESENTATION OR WARRANTY
OF ANY KIND, AND NO REPRESENTATIVE. EMPLOYEE, DISTRIBUTOR, OR DEALER
the front body, rear body and trim pieces, seats, routine wear items such OF CLUB CAR HAS THE AUTHORITY TO MAKE OR IMPLY ANY REPRESENTATION,
as the charger plug and receptacle, brake shoes, belts, brushes, PROMISE, OR AGREEMENT WHICH IN ANY WAY VARIES THE TERMS OF THIS
bushings, engine mounts, mats and pads, maintenance adjustments, WARRANTY,
cosmetic deterioration, items which deteriorate or fail due to exposure or
ordinary wear and tear. Batteries and the battery charger are covered 8. NO CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL CLUB CAR BE
under separate Club Car warranties. Tires are warranted by their LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT
manufacturer. Also excluded from any CLUB CAR warranty is damage NOT LIMITED TO, LOSS RELATED TO PROPERTY OTHER THAN THE GOLF CAR,
to a golf car or component resulting from a cause other than a defect LOSS OF USE, LOSS OF TIME. INCONVENIENCE, OR ANY OTHER ECONOMIC
including unreasonable or unintended strain or use, improper installation LOSS,
of accessories, installation of parts or accessories that are not original
equipment, overloading, accident, alteration, abuse or neglect, Some states allow neither limitation on the duration of an implied
warranty nor exclusions or limitation of incidental or consequential
Transportation expenses for warranty service are also excluded from this damages, Therefore, the above limitations or exclusions may not apply
warranty. to you,
3. VOIDING OF WARRANTY: THIS AND ANY OTHER WARRANTY SHALL BE This warranty gives you specific legal rights, and you may also have
VOID IF THE GOLF CAR IS ABUSED OR USED IN AN UNINTENDED MANNER OR other rights which vary from state to state.
SHOWS INDICATIONS THAT IT HAS BEEN ALTERED IN ANY WAY INCLUDING.
BUT NOT LIMITED TO, MODIFICATION OF THE SPEED GOVERNOR, BRAKING 9. INFORMATION: For further information, contact WARRANTY
SYSTEM, STEERING, DRIVE UNIT, OR OTHER OPERATING SYSTEMS OF THE CAR ADMINISTRATION, CLUB CAR, INC" P,O, Box 204658, Augusta, Georgia
TO CAUSE IT TO PERFORM OUTSIDE CLUB CAR SPECIFICATIONS, THE 30917-4658, U.S,A" 706-863-3000.
WARRANTY IS LIKEWISE VOID IF THE CAR SHOWS INDICATIONS THAT
REASONABLE OR NECESSARY MAINTENANCE AS OUTLINED IN THE OWNER'S 10, WARNING: Any modification or alteration of any golf car beyond
MANUAL AND MAINTENANCE AND SERVICE MANUAL WAS NOT PERFORMED AT
THE TIME AND IN THE MANNER SPECIFIED IN SUCH MANUALS, factory specifications, including those that affact the weight distribution,
stability, or speed of the golf car, can cause serious personal injury or
4. SOLE REMEDY: CLUB CAR's only liability under this limited warranty, death.
or in any action whether based upon warranty, contract, negligence,
,
.
CLUB CAR LIMITED WARRANTY FOR 1995 CARRYALL VEHICLES
IN THE UNITED STATES AND CANADA
..,.,...,."'~--~~~~- """""'."""",,,"" ...- .. --"'''''<.,-:_,...:.,,,......:,,........-..-.."'_....''''~....:...,.>:-;..,._,,......-''''''';.:"'''.--.-""'-........._'<>:,.,.. .-"~-,,.:...'.,.,.-"'.,.:. ;-,-~.,,~,.,.:......,..,.-~;.,.,._.~:.:.,.:^'_.~.,' -."--, y---~; ._,
1. WARRANTY: CLUB CAR, INC. c-CLUB CAR") hereby warrants to the original retail purchaser that its new 1995 Model Carryall
vehicle purchased from CLUB CAR or an authorized distributorfdealer for use in the United States or Canada shall be free from defects
in materials and workmanship under normal use and service as a utility vehicle for the periods stated below, subject to the provisions,
limitations and exclusions contained in this limited warranty,
LIMITED ONE (1) YEAR WARRANTY: The engine assembly, motor, transmission assembly, drive unit assembly, main frame assem-
bly, hydraulic dump kit, Custom Cab assembly and doors, Driving Range Protective Enclosure and Portable Refreshment Center are
warranted with respect to parts and labor against defects in materials and workmanship for a period of one year from the date of pur-
chase. :
LIMITED NINETY (90) DAY WARRANTY: All remaining components of the vehicle not specified otherwise are warranted with respect
to parts and labor against defects in materials and workmanship for a period of ninety days from the date of purchase,
This limited warranty covers materials, workmanship and repair labor costs as to those items specifically listed above for the peri-
ods specified, Such repair labor shall be performed only by CLUB CAR, its authorized dealers, or a service agency approved by CLUB
CAR.
IF THE WARRANTY REGISTRATION FORM IS NOT COMPLETED AND RETURNED TO CLUB CAR AT THE TIME OF THE ORIG-
INAL RETAIL SALE, PURCHASER MUST PROVIDE PROOF OF DATE OF PURCHASE WITH ANY WARRANTY CLAIM.
2. EXCLUSIONS: Excluded from any CLUB CAR warranty are all fuses: filters: decals: spark plugs: lubricants: the front body and
trim pieces; seats: routine wear items such as the charger plug and receptacle, brake shoes, belts, brushes, bushings, engine mounts,
mats and pads; maintenance adjustments; cosmetic deterioration; items which deteriorate or fail due to exposure or ordinary wear
and tear. Batteries and the battery charger are covered by separate Club Car warranties. Tires are warranted by their manufacturer.
Also excluded from any CLUB CAR warranty is damage to a vehicle or component resulting from a cause other than a defect includ-
ing unreasonable or unintended strain or use, improper installation of accessories, installation of parts or accessories that are not
original equipment, overloading, accident, alteration, abuse or neglect.
Transportation expenses for warranty service are also excluded from this warranty.
3. VOIDING OF WARRANTY: THIS AND ANY OTHER WARRANTY SHALL BE VOID IF THE VEHICLE IS ABUSED OR USED IN
AN UNiNTENDED MANNER OR SHOWS INDICATIONS THAT IT HAS BEEN ALTERED IN ANY WAY INCLUDING, BUT NOT LIM-
ITED TO, MODIFICATION OF THE SPEED GOVERNOR, BRAKING SYSTEM, STEERING, DRIVE UNIT OR OTHER OPERATING
SYSTEMS OF THE VEHICLE TO CAUSE IT TO PERFORM OUTSIDE CLUB CAR SPECIFICATIONS. THE WARRANTY IS
LIKEWISE VOID IF THE VEHICLE SHOWS INDICATIONS THAT REASONABLE OR NECESSARY MAINTENANCE AS OUTLINED
IN THE OWNER'S MANUAL AND MAINTENANCE AND SERVICE MANUAL WAS NOT PERFORMED AT THE TIME AND IN THE
MANNER SPECIFIED IN SUCH MANUALS.
4. SOLE REMEDY: CLUB CAR's only liability under this limited warranty, or in any action whether based upon warranty, contract,
negligence, strict product liability or otherwise, is limited to the replacement or repair, at CLUB CAR's option, of a vehicle or com-
ponent thereof that CLUB CAR deems to be defective. Replacement shall mean furnishing, during the applicable limited warranty
period, a new or factory reconditioned vehicle or component thereof which is identical or reasonably equivalent to the warranted prod-
uct or component at no cost to the purchaser. Repair shall mean remedying a defect in the vehicle or component thereof at no cost
to the purchaser during the applicable limited warranty period. If CLUB CAR elects to repair the vehicle, it may provide factory recon-
ditioned parts or components. All parts and components replaced under warranty shall become the property of CLUB CAR.
5. HOW TO MAKE A WARRANTY CLAIM: To make a warranty claim under this limited warranty, you must present the vehicle or
defective component to an authorized CLUB CAR distributor/dealer or send the defective component, freight prepaid, to WARRANTY
ADMINISTRATION, CLUB CAR, INC,. 4152 Washington Road, P.O. Box 204658, Augusta, Georgia 30917-4658.
6. DISCLAIMER: THIS LIMITED WARRANTY IS EXCLUSIVE. CLUB CAR MAKES NO OTHER WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PUR·
POSE WHICH EXCEED THE OBLIGATIONS OR TIME LIMITS STATED IN THIS WARRANTY ARE HEREBY DISCLAIMED BY
CLUB CAR AND EXCLUDED FROM THIS WARRANTY. THE PURCHASER AND CLUB CAR EXPRESSLY AGREE THAT THE
REMEDY OF REPLACEMENT OR REPAIR OF THE DEFECTIVE VEHICLE OR COMPONENT THEREOF IS THE EXCLUSIVE AND
SOLE REMEDY OF THE PURCHASER. CLUB CAR MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND,
AND NO REPRESENTATIVE, EMPLOYEE, DISTRIBUTOR OR DEALER OF CLUB CAR HAS THE AUTHORITY TO MAKE OR
IMPLY ANY REPRESENTATION, PROMISE, OR AGREEMENT WHICH IN ANY WAY VARIES THE TERMS OF THIS WARRANTY.
7. NO CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL CLUB CAR BE LIABLE FOR ANY INCIDENTAL OR CONSE-
QUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS RELATED TO PROPERTY OTHER THAN THE VEHICLE,
LOSS OF USE, LOSS OF TIME, INCONVENIENCE, OR ANY OTHER ECONOMIC LOSS,
Some states allow neither limitations on the duration of an implied warranty nor exclusions or limitations of incidental or consequential
damages, Therefore, the above limitations or exclusions may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state,
8. INFORMATION: For further information contact WARRANTY ADMINISTRATION, CLUB CAR, INC.. P,O. Box 204658, Augusta,
Georgia 30917-4658, U.S.A" 706-863-3000.
9. WARNING: Any modification or alteration of any vehicle beyond factory specifications, including those that affect the weight, weight
distribution, stability, or speed of the vehicle, can cause serious personal injury or death,
.
.
BOYilan Sale's,; Inc.,
13438 S. Military Trail' Delray Beach, Florida 33445 . Phone (407) 499-7390 . Fax (407) 499-5529
July 27, 1994
Delray Beach municipal Golf Course
2200 Highland Avenue
Delray Beach, Florida 33445
Attn: Brahm Dubin
Dear Mr. Dubin:
In Yamaha's behalf, Yamaha U.S.A. offers their bid for eighty New 1995
Yamaha G-14A gasoline four cycle golf cars with tops, numbered decals,
sand buckets, and rake holders. The GSA price for this vehicle is
$2,990.00. Yamaha wi 11 purchase your existing fleet of eighty Club Car
gasoline golf cars, in running condition, at $1,150.00 per car.
The various proposals are as follows:
$2,990.00 per car X 80 = $239,200.00
$1,150.00 Trade-ins x 80 = $92.000.00
Net Cash Purchase $147,200.00
Finance Options:
3 Year Finance: $54.55 per car per month.
$1.00 per car purchase option at end of lease
3 Year Finance: $28.00 per car per month
$1.100.00 per car purchase option at end of lease
4 Year Finance: $42.75 per car per month
$1.00 per car purchase option at end of lease
4 Year Finance: $26.75 per car per month
$900.00 per car purchase option at end of lease
5 Year Finance: $35.75 per car per month
$1.00 per car purchase option at end of lease
5 Year Finance: $26.00 per car per month
$700.00 per car purchase option at end of lease
Plainwell, MI . Greenfield. IN . Batavia, IL
'.
I
. QUOTATION
/ E~GDiD~·ìt{·m
6299 Northwest 27th Way
FT. LAUDERDALE, FLORIDA 33309
PlEASE INDICATE THE ABOVE NIUMBER WHEN ORDERING
Phone 305-973-3400
TO
DELRAY BEACH COUNTRY CLUB QUOTATION DATE SAlESPERSON
2200 HIGHLAND AVENUE 8-22-94 TOMMY DEE
DELRAY BEACH, FL 33445 INOUIRY DATE INQUIRY NUMBER
DBCC-L2M
. ATTN: MR. BRAHM DUBIN
ESTIMATED SHIPPING DATE SHIPPED VIA F,O,B, TERMS T
SEPTEMBER 1994 E-Z-GO FACTORY CLUB SITE T.F.C. LEASE
QUANTITY DESCRIPTION PRICE AMOUNT
I
80 THE NEW 1995 E-Z-GO MEDALIST FOUR ( 4 )
CYCLE GASOLINE POWERED GOLF CARS EQUIPPED
AS FOLLOWS:
-SUN CANOPY TOP wi HAND GRIPS
-CARLISLE LINKS TIRES
-SWEATER BASKET
-SCUFF GUARDS
-DIVOT REPAIR KIT (2 SAND BUCKETS)
-NUMBER DECALS
-RAKE KIT
-CUSTOM CLUB LOGO
-CHOICE OF SIX CLASSIC COLORS
-CHOICE OF FOUR ( 4 ) SEAT COLORS
TRADES
80 1990 CLUB CAR GAS
48 MONTH TEXTRON FINANCE CORPORATION TAX
EXEMPT MUNICIPAL LEASE/PURCHASE:
MONTHS 1-10 ...........$ NO PAYMENTS -"- t ;6 t'o
MONTH 1 1 ...........$ 26.33 (PER CAR) 2/06 -
:.- 8'<:'>
MONTHS 12-48...........$ 66.03 (PER CAR) . rt" /Y g
---- - ,...>
--- ;2<J
~ 7'7 ß-f- ,---
* ~TRADES APPLIED TO THE MAKE THE FIRST TEN -:;;--
MONTHLY PAYMENTS AND PART OF MONTH ELEVEN.
WE ARE PlEASED TO SUBMIT THE ABOVE QUOTATION FOR YOUR CONSIDERATION, SHOULD YOU PLACE AN ORDER, BE ASSURED IT WILL RECEIVE OUR PROMPT ATTENTION, THiS
JU~ECT T THE CONDITIONS PRINTED ON REVERSE SIDE, AND IS VALID FOR DAYS, THEREAFTER IT IS SUBJECT TO CHANGE WITHOUT NOTiCE,
3Y ACCEPTED DATE
,0
·
/ EØGDii:IillEm
I
/
I
South Florida Branch
6299 NW 27th Way
Fort Lauderdale, Florida 33309
E-Z-Go Division of Textron Inc.
305-973-3400
DELRAY BEACH COUNTRY CLUB 800-643-9922
ADDENDUM TO GOLF CAR PROPOSAL
DBCC-L2M and DBCC-L1B
E-Z-GO SOUTH FLORIDA WILL
PROVIDE THE FOLLOWING:
WITH THE PURCHASE OR LEASE OF 80 E-Z-GO MEDALIST GOLF CARS.
1. EXTEND FACTORY WARRANTY TO A FULL THREE ( 3) YEARS
ON ALL PARTS AND TIRES. LABOR FOR TWO ( 2 ) YEARS.
ACCIDENTS, NEGLECT, MISUSE, ACTS OF GOD ARE EXCLUDED.
2. PROVIDE THE USE OF ONE ( 1 ) E-Z-GO "REFRESHER" BEVERAGE
CAR AND ONE ( 1 ) GXT- TUFF 1 TURF VEHICLE AT NO CHARGE,
FOR AS LONG AS DELRAY BEACH COUNTRY CLUB MAINTAINS
A FLEET OF E-Z-GO GOLF CARS. E-Z-GO WILL REPLACE THE
VEHICLES EVERY TWO YEARS WITH NEW ONES.
3. THE CLUB SHALL INCUR NO COSTS FOR AIR, OIL, AND FUEL
FILTERS FOR THREE ( 3 ) YEARS. ALSO, E-Z-GO WILL BE
RESPONSIBLE FOR ALL BRAKE ADJUSTMENTS IF NEEDED.
4. TOURNAMENT CARS AVAILABLE AT A SPECIAL REDUCED RATE OF
$ 20.00 PER CAR PER DAY. (30 DAY NOTICE NEEDED)
5. SEASONAL CARS AVAILABLE AT A REDUCED RATE.
6. E-Z-GO WILL TRAIN YOUR CLUB PERSONNEL AS TO THEIR
RESPONSIBILITIES TO THE NEW FLEET OF MEDALIST GAS CARS
AT OUR FACTORY SERVICE SCHOOL IN AUGUSTA, GEORGIA. YOUR
COST IS ONLY TRANSPORTATION.
AGREED TO AND ACCEPTED BY:
DELRAY BEACH COUNTRY CLUB
OFFERED BY~ \'\l 'D£:<
E-Z-GO SO TH FLORIDA
World's Finest VIi/ily Vehicles for SpOrt.f and Industry
,
.
E-Z-G0 SO.FLA 407 624 1920 P. 03"ij~':I!
. ~
. QUOTATION
EøGa~
6299 Northwest 27th Way
FT, LAUDERDALE. FLORIDA 33309
PLEASE INDICA TE THE ABOVE NIUMßER WHEN OROE RING
Phone 305-973-3400
.
TO
DELRAY BEACH COUNTRY CLUB QUOTATION OATiõ SALE;SPERSON
2200 HIGHLAND AVENUE 10-25-94 TOMMY DEE
DELRAY BEACH, FL 33445 I~~OUIRY OA TE; INQuiRY NUMBER
DBCC-L1B
ATTN: MR. JOE SAFFORD
[;STIMA TED SHIPPING DATE; SJ.4IPpe;O VIA F,O,8, TERMS BÞ.LLOON
NOVEMBER 1994 E-Z-GO FACTORY CLUB SITE T.F.e. LEASE
--~-
QUANTITY DESCRIPTION PRICE AMOUNT
80 THE NEW 1995 E-Z-GO MEDALIST FOUR ( 4 )
CYCLE GASOLINE POWERED GOLF CARS EQUIPPED
AS FOLLOWS:
-SUN CANOPY TOP wI HAND GRIPS
-CARLISLE LINKS TIRES I
-SWEATER BASKET I
-SCUFF GUARDS
-DIVOT REPAIR KIT ( 2 SAND BUCKETS)
-NUMBER DECALS
-RAKE KIT
-CUSTOM CLUB LOGO
-CHOICE OF SIX CLASSIC COLORS
-CHOICE OF' FOUR ( 4 ) SEAT COLORS I
TRADES I
,
80 1990 CLUB CAR GAS I
,
************************************************
TEXTRON FINANCE CORPORATION TAX EXEMPT 48 ¡'lONTH
LEASE/PURCHASE WITH BALLOON:
MONTHS 1-17 NO PAYMENT
MONTH 18 $23.25 (per car)
MONTHS 19-48 $54.06 (per car) I
I
MONTH 49 $650.00 (per car) ,
I
(BALLOON) un.. ,nln__lnn
----- -~-
9___·______··________________ ---
wE ARE PLEASED TO ruaMIT TH[; ABOVE QUOTATION FOR YQUR =NSIO¡;P.ATlON. SHOuLD YOu PLACE NI ORO~R, BË f,SSi_,nfD IT ,,,,LL RECEIVE (>'.'R PROIM~T A 'T~~!IC"¡ TH¡S
"",i,,,o," S OT TO '"75":'0" ,.,,,",00' ""'OC WE"O" '" ~ eo'..~ .._ "" ,","WIT," ""'''"' '0 ,,,,,,oc ""''''A.c "",,,,
"' fru{,.L~~.___ ACCEPTED "n._. .n ,Dm _n'"
'.
. E-Z-G0 SO.FLA 407 624 1920 P.04
.
E~GD~ QUOTATION
6299 Northwest 27th Way
Fl. LAUDERDALE, FLORIDA 33309
PLEASE INDICATE THE AeOVE NIUMBER WHEN ORDERING
Phone 305·973-3400
TO .
DELRAY BEACH COUNTRY CLUB QUOTATION DATE SALESPERSON j
2200 HIGHLAND AVENUE 10-25-94 TOMMY DEE
DELRAY BEACH, FL 33445 INQUIRY DA IT INQUIRy NUMBER
DBCC-L2M
ATTN: MR. JOE SAFFORD
.
ESTIMATED SHIPPING DATE SHIPPEO VIA F,O.B, TERMS ,T,
NOVEMBER 1994 E-Z-GO FACTORY CLUB SITE T.F.C. LEASE
QUANTITY DESCRIPTION PRICE AMOUNT
80 THE NEW 1995 E-Z~GO MEDALIST FOUR ( 4) !
CYCLE GASOLINE POWERED GOLF CARS EQUIPPED
AS FOLLOWS:
-SUN CANOPY TOP wi HAND GRIPS
-CARLISLE LINKS TIRES
-SWEATER BASKET
-SCUFF GUARDS
-DIVOT REPAIR KIT ( 2 SAND BUCKETS)
-NUIv1BER DECALS I
-RAKE KIT I
-CUSTOM CLUB LOGO
-CHOICE OF SIX CLASSIC COLORS
-CHOICE OF FOUR ( 4 ) SEAT COLORS
TRADES
--
80 1990 CLUB CAR GAS
************************************************ I
TEXTRON FINANCE CORPORATION TAX EXEHPT 48 ~·10NTH I
LEASE/PURCHASE:
I MONTHS 1 -1 4 NO PAYMENT I
MONTH 1 5 $40.94 (per car) J -2.- jS
I '1'7, '-')'\7-
! MONTHS 1(;-48 $66.03 (per car) SO} 31')
-.--------- ---- --~----- ---
wE ARE PLEASED TO SUIJMIT :HE ABOVE QUOTATION FOR YOuR CONSIDERATiON. SHOULO yOU f'LACE AN ORDEH, 8¡:: ilSSU"I¡::D IT WI'_L RECEIVE OUR PROt-l.?T ATIE:'TION. THIS
QUOTATION I JECT TO TH- NOITIONS F'AINTED ON REV£,"IS¡:: SIO", At-JO IS VALID FOR __ DAYS. THEREAfTER IT:S SI_'g,¡::CT TO CHAVJE WITHOUT NQT:CE
BY -- ACCEPTED . . _...__ O~,TE ___________
"
·
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # 9A - MEETING OF NOVEMBER 1, 1994
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
DATE: OCTOBER 28, 1994
Attached is the Report of Appealable Land Use Items for the
period October 17 through October 28, 1994. It informs the
Commission of the various land use actions taken by the
designated Boards which may be appealed by the City Commission.
Recommend review of appealable actions for the period stated;
receive and file the report as appropriate.
~ ~fM- .5-0
,
·
é)¡{
f)/J;
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
.b . ~
~ fI.lJ.
THRU: DIANE DOMINGUEZ, D ECTOR
DEPARTMENT OF PLANNING AND ZONING
p.~.
FROM: J PLANNER
SUBJECT: MEETING OF NOVEMBER 1, 1994
REPORT OF APPEALABLE LAND USE ITEMS
OCTOBER 17, 1994 THRU OCTOBER 28, 1994
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is review of
appealable actions which were made by various Boards during
the period of October 17, 1994, through October 28, 1994.
BACKGROUND:
This is the method of informing the City Commission of land use
actions, taken by designated Boards, which may be appealed by
the City Commission. After this meeting, the appeal period
shall expire (unless the 10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides
that the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may
file an appeal. To do so:
1- The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item
on the next meeting of the Commission as an appealed
item.
PLANNING AND ZONING BOARD REGULAR MEETING OF OCTOBER 17, 1994:
1- Denied (7 to 0) a request for a temporary closure of
the Carl Bolter Drive Bridge, spanning the C-15 Canal,
south of Lindell Boulevard.
2. Approved (7 to 0), with conditions, a preliminary plat
for the Owens Commercial Subdivision, located on the
east side of NW 18th Avenue, north of W. Atlantic
Avenue.
'.
.
city Commission Documentation
Appealable Items - Meeting of November 1, 1994
Page 2
Certified (7 to 0) the final plat for the Owens
Commercial Subdivision.
Approved (7 to 0) waivers to requirements for
provision of sidewalks, 5' of additional right-of-way,
and 2' of additional pavement for NW 18th Avenue for
the Owens Commercial Subdivision.
The Planning and Zoning also considered the following items
which will be forwarded to the City Commission for final action:
* Recommended that the Commission forward an objection
(7 to 0) to a City of Boca Raton land use change from
Industrial to Commercial for the Boca Marketplace to
be located at the Knight Commerce Center, located on
the west side of Congress Avenue, on the south side of
the C-15 Canal.
* Recommended approval (4 to 3) of a rezoning to RM-8
(Multiple Family Residential - maximum of 8 units per
acre) from POC (Planned Office Center), in part, and A
(Agricultural), in part, for the Taheri Property, a
40.52 acre parcel located on the east side of Military
Trail, south of Linton Boulevard.
* Recommended approval (7 to 0) of corrective FLUM
amendments from Medium Density Residential and Low
Density Residential to Transitional and corrective
rezonings from RM (Multiple Family Residential -
Medium Density) to RO (Residential Office) for the
Moore and Chapin Parcels, located on the east and west
sides of Andrews Avenue, north of George Bush
Boulevard.
* Recommended approval (7 to 0) of annexation with
initial zoning of GC (General Commercial) and a small
scale FLUM amendment from County C-5 (Commercial with
a residential equivalent of 5 units per acre) to City
General Commercial for the Moenert property, located
on the west side of Federal Highway, south of
Gulfstream Boulevard.
* Recommended approval (7 to 0) of a corrective rezoning
from GC (General Commercial) to CF (Community
Facilities) for St. Paul's A.M.E. Church, located on
the east side of NW 5th Avenue, south of NW 2nd
Street.
* Recommended approval (7 to 0) of a Corrective rezoning
from CF (Community Facilities) to GC (General
Commercial) for the CRA owned property (Kwick Stop,
Discount Auto) located on the southeast corner of
Atlantic Avenue and SW 2nd Street.
* Recommended denial (4 to 3) of a proposed LDR
amendment to Section 4.4.10 Automotive Commercial
district.
.
·
City Commission Documentation
Appealable Items - Meeting of November 1, 1994
Page 3
* Recommended modification and adoption (7 to 0) of
Comprehensive Plan Amendment 94-1.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF OCTOBER 19,
1994
A. Approved (5 to 1), with conditions, elevations for the
addition of a fence for Atlas Transmission, located at
the southwest corner of SE 5th Avenue and SE 1st
Street.
B. Tabled ( 6 to 0) consideration of an elevation change
for the addition of an awning at Splendid Blended
Cafe, located on the south side of Atlantic Avenue,
between SE 5th Avenue and SE 6th Avenue.
C. Approved (6 to 0) , a request for an elevation change
for the addition of an awning at Ellie's Deli, located
on the west side of Federal Highway, south of
Gulfstream Boulevard.
D. Tabled (6 to 0) consideration of a landscape plan
modification to Linton Square, an existing shopping
center located at the northeast corner of Congress
Avenue and Linton Boulevard.
E. Approved (6 to 0) , with conditions, the site plan,
landscape plan, and elevations for the New Jerusalem
Church of God in Christ, located at the southeast
corner of Lake Ida Road and Roosevelt Avenue.
Approved ( 6 to 0) waivers of requirements for
provision of sidewalks in the Lake Ida Road
right-of-way and dedication of additional right-of-way
for Roosevelt Avenue f or the New Jerusalem Church of
God in Christ.
HISTORIC PRESERVATION BOARD MEETING OF OCTOBER 19, 1994
X. Approved (6 to 0) , with conditions, a Certificate of
Appropriateness and a variance to permit a building
addition to encroach 1.5 feet into the required 7.5
foot side setback for the Ackridge Residence, located
on the east side of SE 7th Avenue, south of SE 1st
Street.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachment: Location Map
"
·
LOCATION MAP FOR
CITY COMMISSION MEETING
OF NOVEMBER 1, 1994
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City; coúnty
concerns delay
Boca mall plan
By JEFF HOUCK
!'"alm Beach Post Staff Writer
DELRA Y BEACH - Plans to
build a sprawling outdoor mall in
northern Boca Raton have been
put on hold until concerns voiced
by Palm Beach County and sur-
rounding cities are addressed, the
,developer said Tuesday.
Delray Beach city commission-
ers had intended Tuesday night to
decide whether to formally oppose
the proposed 500,OOO-square-foot
Boca Marketplace, planned near
the Congress Avenue exit of In- I
terstate 95.
But commissioners delayed
their vote after attorney Carter
McDowell, who represents Ho- I
mart Development Co. of Chicago,
said the company was withdrawing
plans for the project for at least 60
days.
Homart originally received,ap-
proval to build an office complex
: and hotel on the 61 ¥2-acre site.
But once the office market began
to falter, it changed its plans to
build the mall.
Homart is a subsidiary of
Sears, Roebuck and Co.
The delay announced Tuesday
¡will let Homart meet with munici-
¡pal and county officials to discuss
:potential traffic problems and oth-
!er issues involving downtown
¡businesses in Boca Raton an~ Del-
¡ray Beach.
¡ "We don't know whether we
¡will defer the proposal or withdraw
¡it," McDowell said.
! Attorney Charles Siemon, rep-
¡resenting downtown Boca Raton
¡ businesses, predicted the opposi-
I tion to Boca Marketplace from
Delray Beach's planning staff isn't
: lîkely to change.
¡ Staff writer Joe Capozzi contrib-
!Mted to this report. /1/ :vI 9£/
"
-,.,....,_.~,-..-
·
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tlJ0
SUBJECT: AGENDA ITEM :It 18 - MEETING OF NOVEMBER 1. 1994
BOCA RATON FUTURE LAND USE MAP AMENDMENT FOR THE
PROPOSED BOCA MARKETPLACE
DATE: OCTOBER 28, 1994
This is before the Commission for review and formal comment on
Boca Ratonls proposed Future Land Use Map amendment for the Boca
Marketplace. The affected property is located at the southwest
corner of the C-15 Canal and Congress Avenue. The proposed change
is from 1M (Industrial Manufacturing) to C (Commercial) .
As directed by the Commission on October 18th, the applicant has
been invited to make a presentation at Tuesday nightls meeting.
This property abuts Delray Beachls southern border. There are
potential negative impacts to the City of Delray Beach such as
traffic increases and the economic impact of adding extensive
retail and commercial space into an area that already contains
vacant stores in the existing retail centers. Please refer to
staff documentation for a detailed analysis.
The Planning and Zoning Board reviewed this item on October 17,
1994, and voted unanimously to recommend that the City Commission
forward a recommendation of denial to the City of Boca Raton,
based upon the reasons stated in the staff report and on the
potential detrimental impact on the downtown. The CRA reviewed
this item on October 20, 1994, and voted unanimously to recommend
that the project be denied.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DIANE DOMINGUEZ,~fJ- ~'\:>
DIRECTOR OF PLANNING & ZO ING
SUBJECT: MEETING OF NOVEMBER 1, 1994
REVIEW AND COMMENT ON CITY OF BOCA RATON LAND USE
PLAN AMENDMENT FOR THE PROPOSED BOCA MARKETPLACE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
making a formal comment to the City of Boca Raton regarding
a proposed amendment to the Boca Raton Future Land Use Map.
The proposed amendment is a change from 1M (Industrial
Manufacturing) to C (Commercial), for property located at
the southwest corner of the C-15 canal and Congress Avenue
(Boca Marketplace/Knight Commerce Center).
B A C K G R 0 U N D:
This amendment involves a 61.5 acre parcel of land that is an
approved DRI (Development of Regional Impact) . As described in
the attached Planning and Zoning Board staff report, the
proposal involves a change from an approved office/hotel complex
to a retail center. A review of the DRI modification is
currently underway and will take several months to complete,
however, a separate application to transmit the land use plan
amendment is to be considered by the City of Boca Raton Planning
and Zoning Board on November 3, 1994, and by the Boca Raton City
Commission on November 9, 1994. Given those impending meeting
dates, it is imperative that the City of Delray Beach express
any concerns regarding the project at this time.
As the attached report indicates, the proposed change would
result in a significant increase in traffic, much of which will
be experienced within the City of Delray Beach. The change
could also have serious impacts on the economic vitality of
existing shopping centers and retail stores within the City.
Consideration should also be given to the impact of the proposed
use on the residents of the Delray Oaks subdivision, located
across the C-15 canal from the subject property. A retail
center will have longer hours of operation than the approved
research/development uses, including weekend and evening hours.
As indicated in the attached letter to the Boca Raton Planning
and Zoning Board, Boca Raton City Manager Donna Dreska has
.
·
City Commission Documentation
Boca Marketplace FLUM Amendment
Page 2
recommended that the land use amendment be denied. The concerns
cited in her letter, among others, include the increase in
traffic, affects on adjacent neighborhoods, inconsistencies with
the downtown development policies of Boca's Comprehensive Plan,
and concerns that the approval of this amendment will change the
character of the industrial area and lead to requests by other
property owners for additional retail uses.
It should also be noted that the Treasure Coast Regional
Planning Council found the application for the DRI Substantial
Deviation to be insufficient. Among other findings, the TCRPC
noted that the application did not contain sufficient market,
environmental, transportation, and housing information to allow
for an assessment of its consistency with local, regional, and
state plans. Of particular concern was the lack of information
regarding the project's impact on surrounding development, both
existing and proposed, including the effects of the project on
vacancy rates of other retail uses in the trade area.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of October 17, 1994. Public testimony included comments
from Jean Beer, Chris Brown, and Charles Siemon (representing
downtown Boca property owners and area businesses) all of whom
asked the Board to object to the amendment. The Board voted
unanimously to recommend that the City Commission forward a
recommendation of denial to the City of Boca Raton, based upon
the reasons stated in the staff report, and on the potential
detrimental impact on the downtown.
COMMUNITY REDEVELOPMENT AGENCY
The Community Redevelopment Agency Board reviewed this item at
its meeting of October 20, 1994. The Board voted unanimously to
recommend that the project be denied.
INTERLOCAL PLAN AMENDMENT REVIEW COMMITTEE
Based upon the Planning and Zoning Board's recommendation, and
given the time frames involved, the City Manager forwarded a
"Notice of Intent to Object" to the Interlocal Plan Amendment
Review Committee (IPARC). IPARC is the county-wide mechanism
for handling disputes among jurisdictions regarding land use
plan amendments. If the City Commission directs staff to move
forward with the objection, a Fact-Finding panel will be
convened, the results of which will be forwarded to the
Department of Community Affairs (DCA).
'.
city Commission Documentation
Boca Marketplace FLUM Amendment
Page 3
R E COM MEN D E D ACT ION:
By motion, recommend that the City of Boca Raton DENY (vote not
to transmit to DCA) the Future Land Use Map amendment for the
Boca Marketplace, based upon the potential negative impacts to
the City of Delray Beach as described in this memorandum and the
attached Planning and Zoning Board staff report; and direct
staff to file objections to the amendment through the IPARC
process, as well as directly to the Department of Community
Affairs.
Attachment:
* P&Z Staff Report & Documentation of October 17, 1994
* Memorandum from Boca Raton City Manager Donna Dreska to
the Boca Raton Planning and Zoning Board
T:BOCMAR2.DOC
"
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: OCTOBER 17, 1994
AGENDA ITEM: III.C. RECOMMENDATION REGARDING CITY OF BOCA
RATON LAND USE PLAN AMENDMENT FOR THE PROPOSED
BOCA MARKETPLACE
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the city Commission regarding a proposed
City of Boca Raton land use plan amendment from Industrial
to Commercial, for the proposed Boca Marketplace at 1-95
and Congress Avenue.
BACKGROUND:
This item involves a change to an approved DR I (Development of
Regional Impact) previously known as the Knight Commerce Centre.
The originally approved plan was to include 927,500 square feet
of office use, 118,500 square feet of research and development
use, and a 250 room hotel, for a total of 1,295,000 square feet
of development on a 70 acre site. The proposal is to change the
original DRI to a shopping center comprised of 452,000 square
feet of retail use, a movie theater that is 51,600 square feet
in size, and four outparcels (use unspecified) totalling 18,400
square feet, for a total of 522,000 square feet on 61.5 acres of
land (the remaining 8.5 acres are now in use as a park and ride
facility) . The project, to be known as Boca Marketplace,
anticipates a build-out date of December 1999.
The developer, H.O. Tampa Development, has submitted an
application for a substantial deviation to the DRI, as well as a
land use plan amendment from an Industrial to Commercial
designation. The substantial deviation is in the review
process, and the application has been determined to be
insufficient by the Treasure Coast Regional Planning Council.
The land use amendment is scheduled for consideration by the
City of Boca Raton Planning and Zoning Commission on November 3,
1994. As the proposed project is adjacent to the southern
boundary of the City of Delray Beach, it is appropriate that the
City forward a recommendation on this amendment to Boca Raton.
ANALYSIS: .
While the proposal will result in a large decrease in the total
square footage of the development, the change in use from office
and hotel to a retail complex will have significantly greater
impacts on the City of Delray Beach. In terms of traffic, the
number of daily trips that would be generated by the approved
office/hotel is 9,767. The proposed retail/theater complex
III.C.
!
P & Z Board Memorandum Staff Report
Boca Marketplace
Page 2
is expected to generate 16,874 daily trips, a greater than 40%
increase that equates to more than 7,000 additional daily trips.
The projected traffic pattern shows that more that 41% of the
total trips generated by the development will be distributed
onto Congress Avenue in Delray Beach (4,000 already approved
trips; 2,900 additional). More than half of those trips are
further distributed onto Linton Boulevard, which is expected to
experience 25% of the total trips generated by the center (2,450
already approved trips; 1,750 additional). The application
proposes lane additions to Congress Avenue and some intersection
improvements; however, no improvements are proposed for Linton
Boulevard.
Linton Boulevard currently fails Level of Service (LOS) "D"
between Congress Avenue and Wallace Drive/Waterford Place. In
addition, Linton Boulevard between Congress Avenue and Military
Trail is close to failing Level of Service "D", and is expected
to fail by the time construction begins on this project. It
should be noted that the previous DRI approval required the
6-laning of Linton Boulevard prior to the issuance of building
permits beyond 800,000 square feet of office. It would seem
logical that a development which is proposed to generate trips
in excess of 40% more than the approved DRI would also include
the widening of Linton Boulevard to 6 lanes.
In addition to traffic considerations, the economic impacts of
such a large retail center must be evaluated. According to the
market analysis that was submitted with the application, the
center is to be occupied by large national tenants that deal
primarily in hard goods (appliances, furniture, etc. ) , as well
as some value-oriented soft goods (linens, clothing) . Some
prospective tenants that are listed in the study include Service
Merchandise, TJ Maxx, Home Depot, Office Depot, Toys R Us,
Linens and Things, and similar stores; as well as an AMC or Cobb
movie theater.
The anticipated geographic market or trade area extends from
Boynton Beach Boulevard on the north to S.W. 10th Street in
Deerfield Beach on the south; and from Atlantic Avenue on the
east to roughly 441 on the west. Thus, the entire City of Delray
Beach is included in the potential market. The study, which was
prepared by Goodkin Research, concludes that the trade area is
not overbuilt, and that 1.2 million square feet of major new
retail facilities could be absorbed within it in the next 5
years. The study further states that because it will emphasize
hard goods merchandise, Boca Marketplace will offer minimal
competition to existing stores and centers in the trade area.
Given the longstanding vacancies that have been experienced in
centers throughout Delray Beach, those conclusions are
questionable. While the economy appears to have improved
somewhat in recent months, substantial retail vacancies persist.
For example, Phase II of Delray Square (formerly occupied by
Ames/PharMor) is only 30% occupied, and only recently secured
"
P & Z, Board Memorandum Staff Report
Boca Marketplace
Page 3
the tenancy of the Big Lot store. The Delray Mall (excluding
the Publix/Eckerd strip center) is 65% occupied. The Office Max
store in Delray Crossings (Target) has been vacant for months,
and Phase II of the Albertson's Center at Linton and Military
has been approved but unbuilt for years, largely because of poor
market conditions. There is little doubt that this proposed
center would aggravate the present situation, and would result
in additional vacant stores in Delray Beach. While the Boca
Marketplace tenants would not directly compete with the
downtown, the addition of another huge retail center at the
western end of town is not something that the downtowns of
either Delray Beach or Boca Raton will welcome.
As previously stated, the DRI modification is in the review
process, which involves a myriad of local, regional, and state
agencies. Both the traffic issues and market study will be
thoroughly analyzed, as well as environmental and other factors.
Planning and Zoning staff have submitted preliminary comments
regarding the insufficiency of the application to the Treasure
Coast Regional Planning Council. The first approval that the
applicant is seeking, however, is the amendment to the City of
Boca Raton's Future Land Use Map. This is a separate process,
and it is an important opportunity for Delray Beach to state its
position.
RECOMMENDED ACTION:
By motion, recommend that the City Commission forward its
objection to the proposed City of Boca Raton Land Use Plan
Amendment from Industrial to Commercial for the Boca
Marketplace, based upon the following potential negative impacts
to the City of Delray Beach:
1) Traffic impacts created by the 40+% increase in daily
trips over the existing approved hotel/office use;
2) Negative economic impacts created by the addition of
more than 500,000 square feet of retail/commercial use
into a trade area that contains a significant number
of vacant stores in existing retail centers.
Attachments:
* Location Map and Site Plan for Proposed Boca Marketplace
orl PZBOCAMA.R. DOC
"
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- , TO 92437221 P.Ol
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CI1l' HALL' 20 I WEST PALMETTO PARK ROAD' BOCA RATON, ¡:lORIDA 33432-3795 . PHONE: (407) 393-7700
CF=OR HEARING IMPAIRED) TOD: (407) 367-7046
SUNCOM; (407) 92:2-7700
- . .. . nn .
TO: Planning and Zoning Board To
FROM: DOMa A. Dresk.a{)P
City Manager Fa:dl Fa¡(~ 3
SUBJECT: SC-94-10 --
Boca Marketplace
7800 Congress A venue
. , ..
This request is for a land use change from 1M (Industrial Manufacturing) to C (Commercial) for
the proposed Boca Marketplace development. The petition has been reviewed in ac~:\)nlance with
the Florida Department of Community Affairs criteria which requires that the land use change be
considered separately and independent of the ~ppHcarion to amend the existing DR!.
The suúf Planning Report indicates that
1. no compelling justification has ~n provided to staff to support the change of the land use
from IM: to C; . .
2. this property meets the stated purpose of the M-3 code and Complan directives of large
lot de.velopment with convenient highway fadliûes¡
3. the adopted C..omprehensive Plan supports downtown development. The addition of over
one million square feet of retail commercial development in an area of the City which has
not been previously designated for large scale commercial development is likely to
significantly impact downtown development a:J wen a.'3 other commercial areas within th~
City;
4. retail commercial development creates a higher propQrtÌon of low income jobs than does
manufacturing or office development. A higher number of new jobs which would pay
lower wages cuuld result in a higher number of new low income, hO'I.1se.hold... which further
exacerbates the City's ability to comply with the Comprehensive Plan affordable housing
requirements. Although the developer under the DRI requirements would be required to
mitigate the impact, it is difficult for the City to require the production of !be n=IW u~
which could potentially result in non-compliance with the Comprehensive Plan; l~
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~C-94-1 0 - Page 2
S. the City's Comprehensive Plan requires that we ronsider regional impacts. One of the
regional goals is to encoura.ge mass transportation. It i~ nOl dear that a change to retail
use would greater utilize the transportation hub produced by the 1-95 interchange, Tri-Rail
station, and park-and-ride facility than would the approved industrial hote1loffice U5e~,
6. the property is bounded on the north by a residential community located within the City
limit" of T>elray Be.ach and on the west by a rcsidcnúal COl11l11Uuily located in
unincorporated Palm Beach County. Retail commercial development would have a greater
adverse impact on adjacent residential development than would office or manufacturing
development due to longer hours of daily and weekend operations.
7. the established character of the industrial area could be changed by approval of this land
use change, and further, it would be more difficult not to approve additional retail in the
area.
8. the DRI process requires that impacts on infrastructure be mitigated by the developer.
Although traffic from commercial development g~J1~xal1y has less impact on peak-hour trip
traffic, it is expected that additional impact on local streets would be spread throughout the
day. Mitigating for traffic may meet traffic standards but may degrade the quality of life
for a neighborhood when a street is widened to mitigate the traffic impact.
9. retail commercial does not appear to be as fiscally positive as· does manufa¢turing. office
and hotel use.
Based on tho attached staff report, I T«;onuuend ùU$t th~ proposed. amendment to the
Comprehensive Plan Land Use Map (SC-94-10) nor be transmitted to the Department of
Community Affairs.
Document originated by: Edwin G. Lybass, AICP, Planner
Development Scrvicc5 DepaH1ll!:!il
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # q 13 - MEETING OF OCTOBER 18 , 1994
BOCA RATON FUTURE LAND USE MAP AMENDMENT/BOCA MARKET-
PLACE
DATE: OCTOBER 14, 1994
This is before the Commission for review and formal comment on
Boca Raton's proposed Future Land Use Map amendment for the Boca
Marketplace at 195 and Congress Avenue. The proposed change is
from Industrial to Commercial.
This property abuts Delray Beach's southern border. There are
potential negative impacts to the City of Delray Beach such as
traffic increases and the economic impact of adding extensive
retail and commercial space into an area that already contains
vacant stores in the existing retail centers. Please refer to
staff documentation for a detailed analysis.
Recommend the Commission formally request the City of Boca Raton
to deny the Future Land Use Plan Amendment from Industrial to
Commercial for the Boca Marketplace.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~~.
FROM: DIANE DOMINGUE, RECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 18, 1994
REVIEW AND COMMENT ON CITY OF BOCA RATON LAND USE PLAN
AMENDMENT FROM INDUSTRIAL TO COMMERCIAL FOR THE
PROPOSED BOCA MARKETPLACE AT 1-95 AND CONGRESS AVENUE.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
formal comment to the City of Boca Raton regarding a
proposed amendment to the City of Boca Raton's Future Land
Use Map for the Boca Marketplace.
BACKGROUND:
As in the City, the City of Boca Raton processes amendments to
its Future Land Use Map twice a year. Attached is a Planning
and Zoning Board report which addresses a proposed Land Use
amendment which abuts the City's southern border. Given the
amendments location it is appropriate for the City Commission to
provide a formal position to the City of Boca Raton City
Council.
RECOMMENDED ACTION:
By motion, request the City of Boca Raton City Council DENY the
Future Land Use Plan Amendment from Industrial to Commercial for
the Boca Marketplace, based upon the following potential
negative impacts to the City of Delray Beach:
1) Traffic impacts created by the 40+% increase in daily
trips over the existing approved hotel/office use;
2) Negative economic impacts created by the addition of
more than 500,000 square feet of retail/commercial use
into a trade area that contains a significant number
of vacant stores in existing retail centers.
Attachments:
* P&Z memorandum report
'.
-,
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: OCTOBER 17, 1994
AGENDA ITEM: III.C. RECOMMENDATION REGARDING CITY OF BOCA
RATON LAND USE PLAN AMENDMENT FOR THE PROPOSED
BOCA MARKETPLACE
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission regarding a proposed
City of Boca Raton land use plan amendment from Industrial
to Commercial, for the proposed Boca Marketplace at 1-95
and Congress Avenue.
BACKGROUND:
This item involves a change to an approved DR I (Development of
Regional Impact) previously known as the Knight Commerce Centre.
The originally approved plan was to include 927,500 square feet
of office use, 118,500 square feet of research and development
use, and a 250 room hotel, for a total of 1,295,000 square feet
of development on a 70 acre site. The proposal is to change the
original DRI to a shopping center comprised of 452,000 square
feet of retail use, a movie theater that is 51,600 square feet
in size, and four outparcels (use unspecified) totalling 18,400
square feet, for a total of 522,000 square feet on 61.5 acres of
land (the remaining 8.5 acres are now in use as a park and ride
facility). The project, to be known as Boca Marketplace,
anticipates a build-out date of December 1999.
The developer, H.O. Tampa Development, has submitted an
application for a substantial deviation to the DRI, as well as a
land use plan amendment from an Industrial to Commercial
designation. The substantial deviation is in the review
process, and the application has been determined to be
insufficient by the Treasure Coast Regional Planning Council.
The land use amendment is scheduled for consideration by the
City of Boca Raton Planning and Zoning Commission on November 3,
1994. As the proposed project is adjacent to the southern
boundary of the City of Delray Beach, it is appropriate that the
City forward a recommendation on this amendment to Boca Raton.
ANALYSIS: .
While the proposal will result in a large decrease in the total
square footage of the development, the change in use from office
and hotel to a retail complex will have significantly greater
impacts on the City of Delray Beach. In terms of traffic, the
number of daily trips that would be generated by the approved
office/hotel is 9,767. The proposed retail/theater complex
'.
.
P & Z.Board Memorandum Staff Report
Boca Marketplace
Page 2
is expected to generate 16,874 daily trips, a greater than 40%
increase that equates to more than 7,000 additional daily trips.
The projected traffic pattern shows that more that 41% of the
total trips generated by the development will be distributed
onto Congress Avenue in Delray Beach (4,000 already approved
trips; 2,900 additional). More than half of those trips are
further distributed onto Linton Boulevard, which is expected to
experience 25% of the total trips generated by the center (2,450
already approved trips; 1,750 additional). The application
proposes lane additions to Congress Avenue and some intersection
improvements; however, no improvements are proposed for Linton
Boulevard.
Linton Boulevard currently fails Level of Service (LOS) liD"
between congress Avenue and Wallace Drive/Waterford Place. In
addition, Linton Boulevard between Congress Avenue and Military
Trail is close to failing Level of Service "D", and is expected
to fail by the time construction begins on this project. It
should be noted that the previous DRI approval required the
6-laning of Linton Boulevard prior to the issuance of building
permi ts beyond 800,000 square feet of office. It would seem
logical that a development which is proposed to generate trips
in excess of 40% more than the approved DRI would also include
the widening of Linton Boulevard to 6 lanes.
In addition to traffic considerations, the economic impacts of
such a large retail center must be evaluated. According to the
market analysis that was submitted with the application, the
center is to be occupied by large national tenants that deal
primarily in hard goods (appliances, furniture, etc.), as well
as some value-oriented soft goods (linens, clothing). Some
prospective tenants that are listed in the study include Service
Merchandise, TJ Maxx, Home Depot, Office Depot, Toys R Us,
Linens and Things, and similar stores; as well as an AMC or Cobb
movie theater.
The anticipated geographic market or trade area extends from
Boynton Beach Boulevard on the north to S. W. 10th Street in
Deerfield Beach on the south; and from Atlantic Avenue on the
east to roughly 441 on the west. Thus, the entire City of De1ray
Beach is included in the potential market. The study, which was
prepared by Goodkin Research, concludes that the trade area is
not overbuilt, and that 1.2 million square feet of major new
retail facilities could be absorbed wi thin it in the next 5
years. The study further states that because it will emphasize
hard goods merchandise, Boca Marketplace will offer minimal
competition to existing stores and centers in the trade area.
Given the longstanding vacancies that have been experienced in
centers throughout Delray Beach, those conclusions are
questionable. While the economy appears to have improved
somewhat in recent months, substantial retail vacancies persist.
For example, Phase II of Delray Square (formerly occupied by
Ames/PharMor) is only 30% occupied, and only recently secured
.
.
-
P & Z Board Memorandum Staff Report
Boca'Marketplace
Page 3
the tenancy of the Big Lot store. The Delray Mall (excluding
the Publix/Eckerd strip center) is 65% occupied. The Office Max
store in Delray Crossings (Target) has been vacant for months,
and Phase II of the Albertson's Center at Linton and Military
has been approved but unbuilt for years, largely because of poor
market conditions. There is little doubt that this proposed
center would aggravate the present situation, and would result
in additional vacant stores in Delray Beach. While the Boca
Marketplace tenants would not directly compete with the
downtown, the addition of another huge retail center at the
western end of town is not something that the downtowns of
either Delray Beach ~r Boca Raton will welcome.
As previously stated, the DR I modification is in the review
process, which involves a myriad of local, regional, and state
agencies. Both the traffic issues and market study will be
thoroughly analyzed, as well as environmental and other factors.
Planning and Zoning staff have submitted preliminary comments
regarding the insufficiency of the application to the Treasure
Coast Regional Planning Council. The first approval that the
applicant is seeking, however, is the amendment to the City of
Boca Raton's Future Land Use Map. This is a separate process,
and it is an important opportunity for Delray Beach to state its
position.
RECOMMENDED ACTION:
By motion, recommend that the City Commission forward its
objection to the proposed City of Boca Raton Land Use Plan
Amendment from Industrial to Commercial for the Boca
Marketplace, based upon the following potential negative impacts
to the City of Delray Beach:
1) Traffic impacts created by the 40+% increase in daily
trips over the existing approved hotel/office use;
2) Negative economic impacts created by the addition of
more than 500,000 square feet of retail/commercial use
into a trade area that contains a significant number
of vacant stores in existing retail centers.
Attachments:
* Location Map and Site Plan for Proposed Boca Marketplace
TaPZBOCAMAR.DOC
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM i 0't: - MEETING OF NOVEMBER 1. 1994
RATIFICATION OF APPOINTMENTS TO KIDS AND COPS COMMITTEE
DATE: OCTOBER 27, 1994
On October 18, 1994, the City Commission adopted Ordinance No.
83-94 which provides for the appointment of additional members to
the Kids and Cops Committee other than those from specified groups
and organizations. It was felt it would be beneficial for the
Commission to have the ability to appoint members whose experience
and expertise would be an asset to the committee.
We have received applications from Ms. Kathy Hillier and Mr. Donald
Samis who are interested in participating in Kids and Cops. Copies
are attached for your review. Ratification of both appointments
can now be accommodated under the "additional representation"
category at the discretion of the Commission.
Recommend consideration of ratification of the appointments of Ms.
Kathy Hillier and Mr. Donald Samis to the Kids and Cops Committee,
for initial two year terms commencing November 1, 1994, and ending
October 31, 1996.
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CITY OF DELRAY BEACH
BOAJD ~EMBER APPLICATION
~A.'1E LJONAr.[) SAMT.~
i.t74d S. OC@-dn Rlwl 1tli1C'11 HiGhland Beach. Fl 334H7
HOME ADDRESS (S~r..t. City. Zip Cod.) (LEGAL RESIDENCE)
ld45 S. Federal Hiqhwav Delrav Beach. Fl 334d3
PRINCIPAL BUSINESS ADDRESS (Stre.c, CiCY, Zip Code)
HOME PHONE 4ù7 3~4-ö499 BUSINESS PHONE 407 279-1451
ON WHAT BOARDS AR! YOU INTERESTED IN SERVING KIDS & KOPS (COPS)
,..
LIST ALL CITY BOARDS ON WHICH yOU ARI CURAENTLY SEIVINGOI HAVE PREVIOUSLY
SEIVED (Pl..., include d.C..)
none
EDUCATIONAL QUALIFICAtIONS rl.A.8ducatiQn. MA. Education N.J. certified
rl'eacher. (retired) N.J. certified Administration & Supervision. N.J. certified
Vocational Education.
LIST ANY RELAtED PROFESSIONAL CEltIFICAtIONS AND LICENSES WHICH YOU HOLD
Career I:'1r1Dlovee with State of Florida. HRS as Child Protective Investiqator
GIVE YOUI PRlSEMT, 01 MOST IICIIT EKrLOYEI. AND POSITION state of Florida, Dept of HRS
',)rot'PM; UP Tnvp!,:t'; <¡ÿIt-or Act; nc;r ~'l1¡;JPrvi !':or. Prot'PC'ti ve InvestiGations
DESCIIII EXPUIDCIS. SutLI 01 ØOWLIDGI WHICH QUAl.ln YOU TO SEIVI Oil THIS
BOAID
Hi gh ~('01vv\ 1 '1"b::arN:or ('¡of TnrlI1!':rr; ~ 1 Art'!':. ?C; ~lp~n:;.
.
Aàvisor Grade 10: advisor Grade 11: advisor, qrade 12. Yearbook advisor
Teacher w/assigrurent¡ Ass I t Dire<...'"tor Adult School ¡ 3t yrs w/~S as CPT.
PLEASI ATtACÎ A alIlr IISUKI.
I HEIDt CEI.TIn THAt ALL tBI AIOVI STAtOlD'tS AU nul. AD I AGIII AND
tJN1)!UtAND t1IAT Aft KIS,TA'fIMIft or MAtl.IAI. FACTS COtrt'AIIIII 1M tHIS AlPLICA-
tIOl( MAt CAUSI FOUllTUU U.OI KY PUt or Aft AlPOI1mœrr I MAt IICIIY!.
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SIGNAttJU,... , DAti
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RESUME
------
NAME : DONALD R. SAMIS
ADDRESS: 4748 S. OCEAN BOULEVARD, # 1 001 Highland Beach, FI, 33487
PHONE: (407) 394-8499 (home) (407) 279-1451 (work)
MARITAL
STATUS: Married to Mona Samis. Three children (adult)
EDUCATION:
B.A. IN EDUCATION, State of N.J.
M.A. IN EDUCATION, State of N.J.
45 Credits beyond Masters
N.J. CERl'IFIED TEACHER OF INDUSTRIAL ARTS
N.J. CERTIFIED TEACHER OF VOCATIONAL EDUCATION
(Graphic Arts)
Assistant Director (2 yrs) ADULT EDUCATION
Class Advisor (grades 10, 11, 12)
Yearbook Advisor (3 yrs)
Newspaper Advisor (2 yrs)
EMPWYMENl' :
1963 - 1988, Teacher of Industrial Arts, Rahway Senior High
School, Rahway, N.J.
1988 - 1990, En'ployed at Fixed Base Operator, Lantana Airport
Florida Airmotive
. 1990 - Present. Career Service ED'ployee as Child Protective
Investigator, State of Florida, Department of Health
& Rehabilitative Services, Delray Beach Service Center
1992 - present. Intermittent Acting Supervisor of Child
Protective Investigations, Delray Beach Service Center, HRS
,
CITY OF DELRAY SEACH
SOARD ~EMBER APPL!CATION
SA.liE J) / } J /.Q ¡'Z..
: (Y It J.,. '^ () .
City, Zip Cod.> (lEG
BUSINESS PHONI :l'lLJ-todÎ
ON WHAT 80ARDS All YOU INTEIESTED IN SERVING /J. /n )...1 ~ð f/Ç'
,..
LIST ALL CITY BOARDS 011 WHICH YOU AU CUUDITL Y SUVING 01 KAVI 'UVIOUSLY
SEIVED ('1.... 1Dcluda d.c..)
EDUCATIONAL QUALIfICATIOIlS e J+cJ.~ .ld ~ ~ .1 !rI tJ,.~ J .t42.. .5 ().Q.., CJ r -€ e...
1'-1 S t1 C' ] ttJ.L w v~L
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LIST ANT RlLATED 'IOfESSIOMAL CIaTIFICATIONS AND LICENSIS WHICI YOU HOLD
GIVI YOUl. 'USør. 01 tIOØ UCør IMrLOYII. AND POSITIO' -r- J;). au ~ J ~_
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I HUDt CUTIn TlAI ALL TII AIOYI STATIMII"fS AU TlUI. AID 1 AGUI AltD
U!Q)!UTAIII) TlAI Aft KlS'TAtIItIII'f or MATIIIAL rACTS COITAI.a I' TlIS AI'LICA-
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M E M 0 R A N D U M
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [fµ.1
SUBJECT: AGENDA ITEM # 9~ - MEETING OF NOVEMBER 1. 1994
APPOINTMENTS TO THE EDUCATION BOARD
DATE: OCTOBER 27, 1994
Gladys Whigham and Jounice Hill-Parker have resigned from the
Education Board. Their resignations create two vacancies for
unexpired terms ending July 311 1995.
Per the City's Code I members of the Education Board will be
residents of the city or will have a child or children attending
Delray Beach public schools, or will own property in the city
and/or own or operate a business within the city. It is the
further intent that the membership will include individuals with
experience or expertise in business, real estate, and/or education.
The following individuals have submitted applications for
consideration:
Norma Bannoura
Eugene Binkovitz
David I. Cohen
Agartha Gragg (daughter attends Atlantic High School)
Adele S. King
Nelson McDuffie
Rosalind Murray
Marilyn Schneider
Reginald Williams
Roland Williams
A check for code violations and/or property liens has been
conducted. None were found.
Based upon the rotation system, the appointments will be made by
Commissioner Randolph (Seat #4) and Mayor Lynch (Seat #5).
Recommend appointment of two members to the Education Board to fill
unexpired terms ending July 31, 1995.
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TEL:4078630897 Oct 03 94 10:26 No,004 P.02
SUNCOR$T' --.
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t
í.TTY OF DE'.RAY REAr.1i
SOARD MEMBER AfPLICATION
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PRINCl.flAl.B"D'S INESS ADDRESS (~trë"'l. City, Up CUy,,) ,,-..-..-.. -~
HOME PHI~NEtt()7 -£tf' -qif:!?L BUSINESS PHON£ '/tJ7' K~'3 '-()~~J"
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fSi;; R;¢E?;!;;;~~~~E?tn ~~'~ .
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LIST ALL CITY öUAkUS ON WHICK YOU ARt CuRRENTLY SERVING OR KAV~ PREVIOUS4y
SERVED (Pl.... include date.) I
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EÐUCATTOIIAL QUALIFLCATlOIIS /:. ~. f3.¿SI 11e..ss. .~ . · t
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l"lSl' ANY RELATED PROFIS&J.OHAL ClkTtrlCAtl0NS AND LlCENSII WH1CH YOU tiOLP
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1 Mtk!"" C!Rtl'" T1ü.T ALL THI MOVI ITATIMEJtTI All nUl. AlII) I AGIEE AÊ)
UNÐ!tSTAND THAt ANY Hl$STAttKE't or HAfealAL FACTI COMTAt,1D t~ tNts APPLIC4-
T}()N MAY CAUSE 'OUEITUkE UPON H'l PAlt OF ANY APPOIItTMP.NT 1 HAY RECEIVE.
ID/3/90 ;
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,
,
.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME
City, Zip Code)
HOME PHONEIIf.o 7) Á6 ,1) -tl63 0 BUSINESS PHONE ~7)À.7g-{~'f'I-
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
ÆcLCQ -h 0 V'\.
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
¡.j a-vt '€..
EDUCATIONAL QUALIFICATIONid~~~~Jìi-ht~...i=
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
arl~JIIa-~ JJ1o.~?~eNlf j)~lIe~JYlJ
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
.r~ n1 - /J1::u'43~(J --vf-f- -Zts-lvvc:bv - Dt!.../e b per
DESCRIBE EXPERIENCES, SIlLLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
PLEASE ATTACH A BRIEl RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMDI'TS A1tE nUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS COKTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PAlT OF ANY APPOINtMENT I MAY RECEIVE.
-GU~?ll~~/j /o.lý9f-
SIGNATURE I DATE
4/90
!
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
.
SUBJECT: AGENDA ITEM i IZA - MEETING OF NOVEMBER 1. 1994
FIRST READING FOR ORDINANCE NO. 84-94/BEACH PARKING PERMITS
DATE: OCTOBER 28, 1994
On September 27, 1994, the City Commission passed Ordinance No.
70-94 on second and final reading. This ordinance provided that
only City residents would be able to obtain a parking permit for
the beach parking lots, established an annual fee of $25.00 for the
permit, and provided for the transfer of a permit and issuance of a
substitute sticker to a permit holder for a substitute vehicle.
Subsequent to adoption, concerns were raised about the
ramifications of prohibiting non-residents from obtaining beach
parking permits.
The City Attorney has researched this matter and and is
recommending that we proceed with the adoption of a new ordinance
(proposed Ordinance No. 84-94) which provides for the availability
of beach parking permits for residents and non-residents alike upon
equal terms for Anchor, Sandoway and the Holiday Inn North parking
lots. The Ingraham Avenue parking lot will retain its previous
"residents only" status.
Attached is a survey of beach parking permit fees charged by other
cities in our immediate area. Also, as requested by the Mayor, we
have attached a summary of beach revenues and expenses.
Our beach parking permit fees have been $25.00 for over ten years.
I recommend they be increased to at least $40.00. The amount is
blank in the ordinance drafted by the City Attorney.
Recommend approval of Ordinance No. 84-94 on first reading, subject
i to establishing the amount of the parking permit fee. If passed, a
public hearing will be scheduled for November 15, 1994.
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£ITY DF DELIAY BEA£H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
FACSIMILE 407/278-4755 Writer's Direct Line
DELRA Y BEACH (407) 243-7091
f l () RID A
ItI.e:d MEMORANDUM
AII·America City
, 1 II r!DATE: October 26, 1994
1993 TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Beach Parkinq Ordinance
Our office researched various deeds and agreements which
pertain to beach parking. Our research indicates that our
funding agreement with the State of Florida for Beach
Renourishment dated March, 1980 required that the vehicle
parking spaces remain open and available to all as equal terms.
The City's current agreement with the County dated October 13,
1992 in Paragraph 4(k) and (I) provides that the City shall
maintain all vehicle parking spaces in the vicinity of the
beach project that are under the City's control which existed
on the date of the supplemental agreement dated November 8,
1983, open to all members of the public on an equal basis and
on equal terms. This covenant applies for a period of ten (10)
years beyond the date that the City receives funding for beach
renourishment from the County.
Anchor Park was acquired jointly by the City and the County in
1974, however, the deed is in the County's name and the City
leases the property for five dollars ($5.00) per year. As part
of the lease, the City agreed to treat both residents and
non-residents equally.
Sandoway Park was purchased by the City in 1971. Sandoway Park
was a park in existence in the vicinity of the beach at the
time of beach renourishment agreements and thus residents and
non-residents must be treated equally.
The original Holiday Inn north parking lot was also in
existence at the time the agreements with the State and the
County were entered into and therefore, residents and
non-residents must be treated equally.
® Printed On Recycled Paper
'.
City Commission
October 26, 1994
Page 2
Ingraham Park was not established until after November of 1983,
and is therefore, not subject to the beach renourishment
agreement's requirements regarding parking for all residents.
Based on the foregoing, it is our office's opinion that all
parking lots in the vicinity of the beach which existed as of
November 8, 1983 must be open to all on equal terms.
Therefore, it is our office's recommendation that the ordinance
passed by the City Commission should be repealed and all
parking lots be open on the same basis as existed prior to the
enactment of the recent ordinance.
Attached please find a new ordinance which provides for the
availability of beach parking permits for residents and
non-residents upon equal terms for Anchor, Sandoway and the
Holiday Inn north parking lots. Ingraham Avenue parking lot
shall retain its previous residents only status as it was
established after November 8, 1983.
By copy of this memorandum and ordinance to the City Manager,
our office requests that the revised ordinance be placed on the
Cit Commission agenda.
Attachment
cc: David Harden, City Manager./
Alison MacGregor Harty, City Clerk
-
park.sar
·
ORDINANCE NO. 84-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING
REGULATIONS, BY REPEALING ORDINANCE NO. 70-94 AND
FORMER SECTION 71.60 OF THE CODE OF ORDINANCES AND
ENACTING A NEW SECTION 71.060, "PARKING METER
PERMITS", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, TO ESTABLISH THAT ALL PERSONS
MAY OBTAIN A PARKING PERMIT FOR ANCHOR, SANDO WAY ,
AND THE HOLIDAY INN NORTH PARKING LOTS, AND TO
LIMIT THE PURCHASE OF PARKING PERMITS FOR THE
INGRAHAM AVENUE LOT TO CITY RESIDENTS IN THE MANNER
WHICH EXISTED PRIOR TO ENACTMENT OF ORDINANCE NO.
70-94, ESTABLISHING A FEE FOR THE PARKING PERMIT,
TO PROVIDE FOR THE TRANSFERRING OF PARKING PERMITS
AND THE ISSUANCE OF SUBSTITUTE STICKERS FOR A
SUBSTITUTE VEHICLE ACQUIRED BY THE SAME PERMIT
HOLDER SUBSEQUENT TO THE ISSUANCE OF THE ORIGINAL
PARKING PERMIT; PROVIDING A PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of De1ray Beach,
Florida, desires to repeal Ordinance 70-94 and prior Section 71.060 to
reestablish the status quo existing prior to enactment; and,
WHEREAS, the City Commission desires to abide by all deeds and
agreements which provide that there shall be equal access upon equal
terms for parking lots in existence as of November 8, 1983 in the
vicinity of the municipal beach; and,
WHEREAS, the City Commission desires to make available parking
permits to all persons on equal terms and conditions for Anchor,
Sandoway, and the Holiday Inn North parking lots and to retain the
residents only parking lot at Ingraham Avenue, said lot being
established after November 8, 1983; and,
WHEREAS, the City Commission, through the issuance of parking
permits desires to raise revenues for the continued upkeep and
maintenance of the aforesaid parking lots.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
,
Section 1. That Ordinance No. 70-94 which repealed Title VII,
"Traffic Code" , Chapter 71, "Parking Regulations", Subheading "Parking
Meters", Section 71.060, "Parking Meter Permits", of the Code of
Ordinances of the City of Delray Beach, Florida, and former Section
7 1. 06 0 be, and the same are hereby repealed in their entirety, and a new
Section 71.060, "Parking Meter Permits", is hereby enacted to read as
follows:
Section 71.060 PARKING METER PERMITS
( A) A "parking meter permit" may be purchased from the City
by all persons which shall authorize the parking of the vehicle for
which the permit was acquired in any parking meter space, except those
otherwise restricted, located within Anchor Park, Sandoway Park and the
Holiday Inn North parking lots without requiring the payment of money
into the space's parking meter.
(B) A "residents-only parking permit" may be purchased by
Ci ty residents from the City for their vehicles which shall authorize
the parking of such vehicles for which the permi twas acquired in any
parking meter space, except those otherwise restricted, located within
Anchor Park, Sandoway Park, and the Holiday Inn North parking 10'
without requiring the payment of money into the space's parking meter,
and which shall also authorize the parking of such vehicles for which
the permit was required in any parking space, except those otherwise
restricted, located within the Ingraham Avenue parking lot.
(C) The cost of a parking permit shall be
dollars per year, plus applicable taxes.
( D) Each permit shall cover the period from October 1st
through September 30th. There shall be no proration of the permit fee.
The application procedure and the form of the permit shall be determined
by the city administration. It shall be illegal to deface a parking
permit or to transfer a parking permit from the vehicle for which it was
acquired to any other vehicle. However, if the parking permit sticker
and other sufficient proof is submitted to the City, and when approved
in advance by the City Manager or his designee, the parking permit
sticker may be exchanged for a new sticker and the parking permit
transferred to a substitute vehicle acquired by the permit holder
subsequent to the issuance of the original parking permit.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of thi~
ordinance or any portion thereof, any paragraph, sentence, or word .
declared by a court of competent jurisdiction to be invalid, sut...
2 ORD. NO. 84-94
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of 1994.
MAYOR
ATTEST:
City Clerk
First Reading
.
Second Reading
beachpk.ord
.
3 ORD. NO. 84-94
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Survey of Beach Parking Permits
Palm Beach County and North Broward County
Delray Beach -
Resident Permit $25,00 per year
Permit allows parking at meters located at
Sandoway, Anchor and Ingram Parks,
Non-Resident $25,00 per year
Permit allows parking at meters located at
Sandoway and Anchor Parks only.
Deerfield Beach -
Resident Permit $35.00 per year
Non-Resident Permit No
Boca Raton -
Resident Permit $20.00 - $22,88 as of 10101/94 - $25.47 as of 10/01/95
Greater BR Beach
Taxing Dist. Permit<'1
Resident $35.00 - $37.88 as of 10/01/94 - $40.47 as of 10/01/95
Permit allows entrance to all beach parks,
. Restricted Permit $25.00 - $27.88 as of 10/01194 - $30.47 as of 10/01/95
Permit allows entrance to South Beach Park only.
Non-Resident Permit<", $35.00 - $37.88 as of 10/01/94 - $40.47 as of 10/01195
Lake Worth -
Resident Permit $10.00
Seasonal Permit $30,00 Must own property in Lake Worth and live
there part of the year. If property is rented
owner does not qualify for a permit
Non-Resident No
Boynton Beach -
Resident Permit $10.00
Non-Resident $50.00 Good only from May to November
Lantana -
Resident $6,00
Non-Resident $100,00 $50,00 after April 1 of each year, Exp.
9/30/94
(1) The Greater Boca Raton is the reserve area and extends to the Turnpike. Residents of the
reserve area may purchase a beach permit as listed above.
(", Residents of Palm Beach County may purchase a non-resident permit which allows entrance
to South Beach Park only. This permit was instituted as a condition for County participation in
the purchase of the land for South Beach Park,
,
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M E M 0 RAN DUM
TO: City Commission
FROM: David T. Harden,t71.1
City Manager
SUBJECT: Beach Revenues and Expenses
DATE: October 20, 1994
The overall listing of revenues that can be attributed specifically to beach
operations (including parking facilities) is as follows:
· Beach parking Fees $250,000
· Beach parking Permits 15,450
· Beach Sailboat Permits 5,000
· Beach Cabana Franchise Fees 42,000
Total Beach Revenues $312,450
The various expenses related to our beach operations (including parking
facilities) are as follows:
· Beach Operations $778,820
· Parking Meter Operations 50,000
· Sea Turtle Conservation Program 12,000
· Dune Maintenance Program 135,000
Total Beach Operating Expenses $975,820
The shortfall in revenues is funded from other General Fund revenues, the
Sanitation Fund ($63,860) and the Beach Restoration Fund ($147,000) .
DTH/jms/sam
cc: Joseph M. Safford, Director of Finance
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
AGENDA ITEM i I~ /3 .
SUBJECT: - MEETING OF NOVEMBER 1. 1994
FIRST READING FOR ORDINANCE NO. 87-94/TAHERI PROPERTY
REZONING
DATE: OCTOBER 28, 1994
This is first reading for Ordinance No. 87-94 which rezones the
Taheri property from POC (Planned Office Center) District, in
part, and A (Agricultural) District, in part, to RM (Medium
Density Residential) District or to a specific RM density
(between six and twelve units per acre) by affixing a numerical
suffix to the zoning designation. Please refer to staff
documentation for an analysis of the proposed rezoning.
The applicant has requested a zoning classification of RM. The
Planning and Zoning Board, by a 4 to 3 vote, has recommended RM-8
zoning (limited to 8 units per acre). Inasmuch as the rezoning
petition will require a quasi-judicial proceeding at second
reading of the ordinance, the rezoning request should be approved
on first reading with a full discussion of the density issues to
be reserved for second reading.
Recommend approval of Ordinance No. 87-94 on first reading and
the scheduling of a public hearing for November 15, 1994.
fCìtJ&d 5-0
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-:,":"':";~:7T FRI 16:57 FAX 407 278 4755 DEL BCH cn .HTY ~-~ PrRCHASI:--;G @oo:}
MICHAEL S. WEINER & ASSOCIATES, P.A.
A rrORN£YS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
MICHAEL S. WEJNE~ South Palm Beach COU"ty: (407) 265-2666
CAROLE ARONSON North Palm Beach County (407) 736·5888
Broward County: (305) 462-4935
Telecopier' (407) 272·6831
OF COUNSE;l..
PETER J. MUARAY
VIA HAND L~LIVERY
October 27, 1994
Susan Ruby, Esquire
200 N.W. 1st Avenue
Delray Beach, FL 33444
RE: Rezoning of Taheri Property
Our File No.: DCCP(163)OOl
Dear Susan:
It is my understanding that on November 1, 1994, there will be a
first reading for the rezon1ng of the above-captioned property.
After speaking with the land owner / s representative, Mr. Kerry
Kilday, and on behalf of my clients, Mr. Saul weinberger and the
Delaire Property Owners Association, we are jointly requesting that
the Mayor not request voluntary public testimony at the first
reading.
Because of the procedural complexity involved with 20n1ng
proceedings as outlined, in among other cases, Board of County
Commissioners of Brevard County, Florida VS. Snyder, 620 So. 2d 469
(Fla. 1993), voluntary testimony which opens a debate could require
each side to prepare in a manner sufficient to equal the standards
of a quasi-judicial hearing. We believe you would find the
preparation and presentation of rebuttals to be duplicative of
everyone's efforts.
AccordingJy, we urge you to recommend to Mayor Lynch that he not
ask for any additional comment and that testimony be given, and the
quasi-judi~ial pro~eeding be held at, the se~ond reading.
On behalf of my clients, Mr. Saul Weinberger and the Dela.ire
Property Owners Association, this letter does not represent a
waiver of any rights or remedies my clients may have in connection
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Susan Ruby, Esquire
Page Two
October 27, 1994
Our File No.: DCCP(163)OOl
with, or of their objections to, what they perceive as procedural
defects in the manner and method by which the City of Delray Beach
is conducting this roatter for rezoning.
If for some reason public testimony will be allowed or possibly be '
allowed at the first reading, please let Mr. Kerry Kilday and
myself know.
u in advance for your cooperation.
rjJOJfr :
M'c ael s. wein ~Yul1
MSW/en
co: Mr. Kerry Kilday
Mr. Saul Weinberger
.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~. ~ITY MANAGER
THRU: ANE ~N Z, ~~
~ OF PLANN~G
/~ \
FROM: JE PER INS, PLANNER
SUBJECT: MEETING OF NOVEMBER 1, 1994
REZONING OF A 40.52 ACRE PARCEL OF LAND (TAHERI
PROPERTY) FROM POC (PLANNED OFFICE CENTER) AND A
(AGRICULTURAL) TO RM (MULTIPLE FAMILY RESIDENTIAL -
MEDIUM DENSITY).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the commission is the approval on first
reading of the rezoning of the Taheri property from POC (Planned
Office Center) and A (Agricultural) to RM (Multiple Family
Residential - Medium Density).
The subject property is a 40.52 acre parcel, containing a
commercial nursery, located on the east side of Military Trail,
approximately 1400 feet south of Linton Boulevard.
BACKGROUND:
When the City's Comprehensive Plan was adopted in 1989,
approximately 35 acres of the subject property was under Palin
Beach County's jurisdiction, and was assigned an "advisory"
Future Land Use Map (FLUM) designation of Medium Density
Residential. In 1993 the owner of the 35-acre parcel, Dr.
Taheri, petitioned the city for voluntary annexation. The
annexation petition called for 10 acres of the property to be
assigned a FLUM designation and zoning of Community Facilities,
in order to accommodate a proposed school site. The request for
the remainder of the property was a General Commercial FLUM
designation and zoning. Subsequent to that submission, the
School Board instead selected a 10-acre portion of the adjacent
Blood's Grove property as the school site, and area residents
expressed objections to the proposed General Commercial
designation. In light of those circumstances, the property
owner agreed to annex into the City with a FLUM designation of
Transitional and an initial zoning of A (Agricultural). The A
designation was assigned to the parcel as a "holding zone"
pending the submission of a specific development proposal.
Ordinance 44-93 annexing the 35-acre Taheri parcel was approved
by the City Commission on August 10, 1993.
.
The remaining 5+-acre parcel that is a part of this rezoning
petition is Phase II of an existing 10-acre office development.
The entire 10-acre site was annexed into the City in 1989 and
assigned the Transitional FLUM designation and the POC (Planned
Office Center) zoning district. Phase I was approved in 1987
pursuant to County regulations and has been constructed (known
as the South County Professional Center) . In 1992, the Site
Plan Review and Appearance Board (SPRAB) approved a site and
development plan for the construction of Phase II of the center.
Phase II has not been constructed, and SPRAB approved an
extension of the site plan approval in 1992. The site plan is
valid until September 7, 1995.
The current development proposal is to rezone both the 35-acre
Agriculture parcel and the 5-acre POC parcel to RM, Medium
Density Residential. The rezoning would accommodate a multiple
family residential development at a proposed density that could
range between 6 to 12 dwelling units per acre. A detailed
analysis of the proposal is contained in the attached Planning
and Zoning Board staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this request at its
meeting of October 17, 1994. At that meeting a number of
residents of nearby properties expressed concerns over the
effects of the proposed density on their communities. They felt
that development at RM densities would be incompatible with the
nearby single family residential developments. Other concerns
related to possible increases in traffic on Military Trail and
Linton Boulevard, and the potential development of the parcel as
a rental community. After a lengthy hearing and discussion, the
Board recommended by a 4-3 vote that a density suffix of "8" be
attached to the RM designation, thereby limiting the ultimate
density of the property to 8 units per acre. The 3 members who
voted against the RM-8 indicated that they would prefer a
density of less than 8 units per acre.
RECOMMENDED ACTION:
As noted, the applicant has requested a zoning designation of
RM, which would allow up to 12 units per acre. Staff
recommended that the RM zoning be approved. The Planning and
Zoning-Board by a 4-3 vote has recommended RM-8.
Rezonings are considered to be quasi-judicial proceedings, which
require that a full hearing be conducted. The hearing allows
for presentations by the parties involved, admission of
evidence, and comment from the public. The City conducts its
quasi-judicial hearings during the second reading of a rezoning
--.-...
ordinance. Thus, this rezoning request should be approved on
first reading, with a full discussion of the density issues to
be reserved for second reading.
By motion, approve on first reading the rezoning of the
40.52-acre Taheri property from POC (Planned Office Center)
and A (Agricultural) to RM (Multiple Family Residential -
Medium Density).
Attachment:
* P&Z Staff Report of October 17, 1994
.
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I ORDINANCE NO. 87-94
.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT,
IN PART, AND A (AGRICULTURAL) DISTRICT, IN PART, TO
RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT, WHICH
PROVIDES A RESIDENTIAL ZONING DISTRICT WITH FLEXIBLE
DENSITIES HAVING A BASE OF SIX (6) UNITS PER ACRE AND
A RANGE TO TWELVE (12) UNITS PER ACRE, AND WHICH ALSO
AUTHORIZES THE CITY COMMISSION TO ESTABLISH THE
DENSITY FOR A SPECIFIC RM DEVELOPMENT BY AFFIXING A
NUMERICAL SUFFIX TO THE DESIGNATION TO LIMIT THE
DENSITY TO A SPECIFIC NUMBER BETWEEN SIX AND TWELVE
UNITS PER ACRE, PURSUANT TO SECTION 4.4.6(H)(1) OF
THE LAND DEVELOPMENT REGULATIONS; SAID LAND BEING
LOCATED ON THE EAST SIDE OF MILITARY TRAIL,
APPROXIMATELY 1,400 FEET SOUTH OF LINTON BOULEVARD,
AS MORE PARTICULARLY DESCRIBED HEREIN; AND AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated April,
1994, as being zoned POC (Planned Office Center) District, in part,
and A (Agricultural) District, in part; and
WHEREAS, the RM (Medium Density Residential) District
provides a residential zoning district with flexible densities having
a base of six (6) units per acre and a range to twelve ( 12) units per
,acre; and
WHEREAS, Section 4.4.6, "RM (Medium Density Residential)
District, Subsection 4.4.6(H), "Special Regulations", of the Land
Development Regulations of the City of Delray Beach, Florida, provides
,that the density for a specific RM development may be established by a
'numerical suffix affixed to the designation; and
, WHEREAS, at its meeting of October 17, 1994, the Planning
"
,
and Zoning Board for the City of Delray Beach, as Local Planning I
Agency, reviewed this item and recommended by a vote of 4 to 3 that a
density suffix of "8" be affixed to the RM zoning designation, thereby
limiting the ultimate density of the property to eight (8 ) units per
acre; and
WHEREAS, the City Commission of the City of Delray Beach has I
determined it to be appropriate that the Zoning District Map of the
/; City of Delray Beach, Florida, dated April, 1994, be amended to
reflect a revised zoning classification of RM- for the subject
¡, -
i property.
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Ii NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: .
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of RM- for the
following described property:
The Southwest Quarter (SW 1/4) of the Northwest
Quarter (NW 1/4), LESS the West 40 feet thereof for
road right-of-way, and LESS the South Half (S 1/2) of
the Southwest Quarter (SW 1/4) of the Southwest
Quarter (SW 1/4) of the Northwest Quarter (NW 1/4),
all in Section 25, Township 46 South, Range 42 East,
Palm Beach County, Florida;
TOGETHER WITH:
The South Half (S 1/2) of the South Half (S 1/2) of
the Northwest Quarter (NW 1/4) of the Northwest
Quarter (NW 1/4) of Section 25, Township 46 South,
Range 42 East, Palm Beach County, Florida, LESS the
West 685.00 feet thereof.
The subject property is located on the east side of
Military Trail, approximately 1,400 feet south of
Linton Boulevard; containing 40.52 acres, more or
less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
I
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- 2 - Ord. No. 87-94
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Section 5. That this ordinance shall become effective
j: immediately upon passage on second and final reading.
Ii PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
!
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MAYOR
ATTEST:
City Clerk
First Reading
,
i Second Reading
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- 3 - Ord. No. 87-94
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,
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT --.
MEETING DATE: October 17, 1994
AGENDA ITEM: V.A.
ITEM: Rezoning fro~ POC (Planned Office Center) in Part & A (Agricultural)
in Part to RM (Medium Density Residential). (Taheri Property)
GENERAL DATA:
....-- I
Owner..., ..... .......... .MoL Realty Co. I
c\o Z. E. Taheri !
Applicant............ ....Kieran Kilday
Kilday and Associates
Location.... ........... ..East side of Military (OCJ.j. y
Trail, south of Linton TOW!< c::o.~)
Boulevard.
L I II r 0 " IIOULCVj.k:
Property size. ......... ..40.52 acres "-
Future Land Use Plan. ....Transitional ~c ? ,øJ- ~
I!~/ po( . ~~~)
Current Zoning.... ... ....A (Agricultural) and >- ....~ ' 't-'-
POC (Planned Office c
. I
Center) .. SOV1H 00UH1'Y I
Jti'l ... I<lJro , I«.lol.1\4
Proposed Zoning... ..... ..RM (Multiple Family ~ .\.""~ ;
Residential - Medium
Density)
Adjacent Zoning.. .North: POC and CF (Community
Facilities)
East: AR (Agricultural
Residential - PBC)
South: AR
West: RS (Residential -
Single Family - PBC),
POC, and AR
Existing Land Use........Wholesale nursery.
Proposed Land Use. ... ....Rezoning from A and POC
to RM to accommodate a
. multiple family residential
development.
Water Service... .........Existing 12" water main
along Military Trail.
Sewer Service............Existing 8" sewer main
serving the South County
Professional Plaza, to
the'north of the site.
r.A.
- .
I T E M B E FOR E THE BOA R D:
The action before the Board is making a recommendation on a
rezoning request from A (Agricultural) and POC (Planned Office
Center) to RM (Multiple Family Residential - Medium Density).
The subject property is a 40.52 acre metes and bounds parcel,
located on the east side of Military Trail, south of Linton
Boulevard.
Pursuant to Section 2.2.2(E}, the Local Planning Agency shall
review and make a recommendation to the City Commission with
respect to rezoning of any property within the City.
B A C K G R 0 U N D:
With the adoption of the City's Comprehensive Plan in 1989,
approximately 35 acres of the subject property (Taheri
Property) , which was under Palm Beach County jurisdiction at
that time, was assigned an advisory Future Land Use Map (FLUM)
Designation of Medium Density Residential. In 1993 the owner of
the' 35 acre' Taherf--parcel'''- peti tioned the city' for voluntary
annexation. The annexation petition called for 10 acres of
property to be assigned a FLUM designation and zoning of
Community Facilities to accommodate a proposed school site. The
remainder of the property was to receive General Commercial FLUM
designation and zoning. Subsequent to that submission, the
School Board selected a 10 acre portion of the adjacent Blood's
Grove property as the school site, and area residents expressed
objections to the commercial designation. Because of those
circumstances, the property owner agreed to annex into the City
with a FLUM designation of Transitional and an initial zoning of
A (Agricultural). The A designation was assigned to the parcel
as a "holding zone" pending the submission of a specific
development proposal. Ordinance 44-93, annexing the Taheri
parcel was approved by the City Commission on August 10, 1993.
The Taheri pro~erty is developed with two structures, a single
family residence and a barn used for the nursery operation (Boca
Growers, Inc. ) located on the site.
The remaining 5 acre parcel that is a part of this petition is
Phase II of an existing 10 acre office development. The entire
10 acre site was annexed into the City in 1989 and assigned the
Transitional FLUM designation and the POC (Planned Office
Cent-er) zoning district. Phase I was approved in 1987, pursuant
to County regulations and has been constructed. In 1992, Phase
II received approval from the Site Plan Review and Appearance
Board (SPRAB) of a site and development plan for the
construction of Phase II of the South County Professional
Center. The approved site plan consisted of eight medical
office structures with a total floor area of 50,400 square feet.
The project has ,not been constructed and SPRAB approved an
extension of the site plan approval in 1992, which will expire
on September 7, 1995.
'I
P&Z Staff Report
Rezoning from A and POC to RM for the Taheri Property
Page 2
PRO J E C T DES C RIP T ION :
The development proposal is to rezone 35.43 acres of the 40.52
acre parcel from A to RM and the remaining 5.09 acres from poe
to RM. The rezoning would accommodate a multiple family
residential development at a proposed density of 6-12 units per
acre.
The applicant has submitted a sketch plan which shows a total of
fifty two-story structures containing 486 units built around a,
private loop road serving the development. The sketch plan also
includes the following features; a guardhouse, tennis courts,
clubhouse, retention lake, tot lot, and associated parking and
landscaping. The sketch plan is not subject to approval or
denial at this time, and is submitted for illustrative purposes
only.
Z 0 N I N G A N A L Y S I S:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the following four areas.
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
The current Future Land Use designation for the subject
property is Transitional. The requested zoning change is
from A (Agricultural) and POC (Planned Office Center) to RM
(Multiple Family Residential - Medium Density) . The
proposed zoning designation of RM is consistent with the
Transitional Future Land Use designation.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
Streets and Traffic:
The applicant has submitted a traffic study for the proposed
rezoning. Based o~ a maximum potential of 486 units of multiple
family housing, the site will generate 3,402 Average Daily Trips
(ADT). However, the site is currently vested for 248 ADT for
P&Z Staff Report
Rezoning from A and POC to RM for the Taheri Property
Page 3
the existing nursery and 836 ADT for the approved site plan for
the former Phase II of the South County Professional Center.
The net trip generation for the proposed development would
therefore be 2,318 ADT.
The Transitional FLUM designation will permit a wide range of
uses which will generate differing amounts of traffic. Under
the current "A" zoning and nursery use 248 estimated trips are
generated. With a R-1 (Single Family Residential) zoning and a
density of 3 units per acre (121 units) 1,210 trips would be
generated. While both of these figures are considerably lowez;
than the 2,318 at 12 units per acre, the maximum trip generation
for the site could be considerably higher.
The highest intensity use for the parcel under the Transitional
FLUM designation would be a 38.52 acre office development with
POD (Professional Office District) or POC (Planned Office'
Center) zoning and the 2 acre maximum parcel of NC (Neighborhood
Commercial) . Estimating a 0.3 floor area ratio (FAR) for the
office site and a 0.25 FAR for the commercial, the parcel would
support a total of 503,379 square feet of office and 21,780
square feet of neighborhood commercial uses. These two
developments would generate an estimated 4,761 ADT (Office) and
1,510 (Commercial), or a total of 6,271 ADT. That figure is
based on calculations for general office uses. If all or part
of the office site would be developed as medical office, the
number of ADT would increase.
The 2,318 trips which could be generated by development under
the RM district would affect several roadway links which
currently exceed Level of Service (LOS) "D" traffic volumes.
Among those links are Military Trail from Atlantic Avenue to
Linton Boulevard, and Military Trail from Linton Boulevard to
Clint Moore Road.
The applicant proposes to construct intersection improvements in
the form of left turn lane additions at the intersection of
Clint Moore Road and Military Trail which will enable that
intersection to meet concurrency requirements. Turn lane
additions at the intersection of Linton Boulevard and Military
Trail currently under way will allow that intersection to meet
LOS standards.
The remainder of the over capacity links are over 1 mile from
the site and are impacted by less than 1% of their design
capacity. Those links are therefore not considered
significantly impacted roadways and do not need to be addressed
by this development proposal.
The applicant has submitted a traffic study to the Palm Beach
County Engineering Department incorporating the trips added by
the development and the proposed roadway improvements. The
Department has accepted that the development will meet County
concurrency requirements through 1995. After January 1, 1996,
with the addition of "background trips" to the Military Trail, a
'!
P&Z Staff Report
Rezoning from A and poe to RM for the Taheri Property
Page 4
positive finding can not be made until this segment of Military
Trail is widened to six lanes.
Based on the above a positive finding can be made at this time
with regard to traffic concurrency.
Water:
Water service is available to the site via an existing 12" water
main located on the east side of the Military Trail right-of-way,
adjacent to the property. Development of the site will require'
extension of a water main through the property to the eastern
boundary. Looping of the system north to the South County
Professional Center or south to the Del-Aire Country Club may
also be necessary. Responsibility for provision of on-site
mains and connections will fall on the developer, and will be
addressed at the time of Site Plan review.
Sewer:
The nearest sewer service to the site is an existing 8" sewer
main located in the South County Professional Center property.
Development of the site will require accessing City lift station
number 60A which is located west of the South County Mental
Health Center, approximately 800' feet north of the site.
Provision of on-site mains and connections, as well as upgrades
to the existing lift station (if required), are the
responsibility of the developer and will be addressed at the
time of Site Plan review.
Fire and Emergency Service:
Fire rescue service for any development of this property will be
provided by the City's Fire Station #5. Servicing the site will
not require any additional equipment or manpower to be added to
the station.
Police:
Police service for any development of this property will be
provided by the Delray Beach Police. There is no need to expand
existing patrol areas as the Police currently pass by the site
during patrols of existing developments to the north and south.
Average response time to the property would be approximately 4
minute for an emergency call and 6 minutes for a non-emergency
call:
Parks and Recreation:
The Delray Beach Comprehensive Plan Parks and Recreation Element
indicates that the City meets the adopted level of service for
parks and recreation facilities for the ultimate build-out
population of the City. Required provision of on-site
recreation facilities and green space will be required with site
,
P&Z Staff Report
Rezoning from A and POC to RM for the Taheri Property
Page 5
plan approval and payment of parks and recreation impact fees
will be required with the issuance of building permits.
Solid Waste:
A 486 unit multiple family residential development will generate
466.56 tons of waste per year according to Solid Waste Authority
figures. The Solid Waste Authority indicates in its annual
report that the established level of service standards for solid
waste will be met for all developments which have been accounted
for in their Comprehensive Plan. As this proposal is currently
reflected in the adopted Plan, concurrency will be met for the
proposed development of this parcel.
Consistency:
Compliance with performance standards set forth in Chapter 3.1.1
along with required findings in Section 2.4.5(E)(S) (Conditional
Use Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making of a
finding of overall consistency.
Chapter 3 findings include the required findings of Section
3.1.1 (Future Land Use Map, Concurrency, Compliance with LDRs
and Consistency). These Chapter 3.1.1 findings are discussed in
other sections of the report.
Pursuant to Section 2.4.S(E)(S) in addition to provisions in
Chapter 3, the City Conunission must make findings that
establishing the Conditional Use will not:
Have a significantly detrimental effect upon the stability
of the neighborhood within which it is to be located;
Nor that it will hinder development or redevelopment of
nearby properties.
The proposed development is located adjacent to an existing
medical office development and the South County Mental Health
Center to the north. Properties to the west of the site (across
Military Trail) are developed with a mix of uses, including
single family residential, low to medium density multiple family
residential, commercial, and a church.
To -the east and south of the parcel is the 111 acre Blood's
Grove area, most of which is currently in use as a commercial
orange grove. Sixteen acres of the area are currently under
construction for an elementary school and City park. The
remaining 95 acres are identified in the Comprehensive Plan as a
mixed use area, including up to 10 acres of commercial, up to
680 units of single family and multiple family housing, and a
conservation area.
"
P&Z Staff Report
Rezoning from A and POC to RM for the Taheri Property
Page 6
The change in zoning to RM will not have a negative effect on
the existing commercial and office developments to the north and
west. Those parcels may, in fact, benefit from the increase in
the population (i.e. potential market) of the surrounding area.
That increase in population should help to support businesses in
those locations.
The proposed development will be generally consistent in terms
of density with the residential properties to the west. As the
densities are generally consistent and the parcels are separated
by a major thoroughfare, the development of the Taheri property
according to the RM zoning district regulations will not have a
detrimental effect on the stability of those areas.
An important consideration regarding the proposed rezonings is
its possible effect on the future development of the remaining
95 acres of Blood's Grove. The Blood's property is designated
by the City's FLUM as an area with a mix of Medium and Low
Density Residential with small areas of Commercial and Open
Space and Conservation. Estimates of the development potential
of the si te included with Comprehensive Plan Amendment 94-1
(Future Land Use Element Table L-4) indicate 680 potential
residential units for the property. This represents an overall
density of 7.16 units per acre. A density of 7 units per acre
is consistent with the RM zoning district, which permits 6 to 12
units per acre. The portions of the Blood's property which are
identified on the FLUM as Medium Density Residential are
primarily those which are adjacent to the Taheri property. This
arrangement of land uses allows for a gradual decrease in
development intensity from commercial at the corner of Military
Trail and Linton to low density residential. The proposed RM
zoning district is appropriate adjacent to areas assigned the
Medium Density Residential FLUM designation.
Given recent events, there is a possibility that the Blood's
property will develop at a lower density than that permitted by
its current (advisory) FLUM designations. In addition, there
are areas where the Taheri parcel will be adjacent to the part
of the Blood's Property which is already designated Low Density
Residential on the FLUM. Special consideration with respect to
compatibility will be required at the time of site and
development plan review. Provision of adequate building
spacing, open space area, and landscape buffers will be required
to help buffer the use.
Within the RM zoning district regulations is a provision which
allows for the application of a density suffix. A suffix
establishes a set maximum density which could not be exceeded on
the property. If the Board determines that a maximum density
less than 12 units per acre is necessary to ensure compatibility
with the, adjacent lower density development, it may recommend
the application of a density suffix to the RM district.
However, if the intention is to accommodate rental apartments, a
suffix of less than 10 units per acre is not recommended.
P&Z Staff Report
Rezoning from A and PCC to RM for the Taheri Property
Page 7
While compatibility is an important site plan consideration for
areas of multiple family residential adjacent to single family,
the difference in densities does not make the uses inherently
incompatible. There are numerous areas in the city where RM
zoning coexists quite well with single family districts. An
instructive example is the Old Germantown Road area. The north
side of the road has been developed at densities consistent with
the RM district:
Development Density (Units/acre)
Spanish Wells 8.0
Crosswinds (excluding Palm Cove) 7.1
Palm Cove 17.7
Spring Harbor/Landing 8.3
Abbey Delray South 9.7
The existence of RM densities on the north side of the road has
not hindered the development of the high-end single family areas
on the south side, such as Andover and Foxe Chase.
Furthermore, many Planned Unit Developments consist of a mix of
multiple family areas and single family areas. Within Delray
Beach the Saba I Lakes, Rainberry, Pelican Harbor, and Hamlet
developments all contain areas with planned or existing RM
densities, with no negative impacts on the development of the
single family parcels. Also, many other developments located in
nearby communities such as Boca West, Broken Sound, and P.G.A.
National incorporate portions with densities consistent with the
RM zoning district.
The proposed residential zoning district will in many to,'ays be
more compatible with than the non-residential districts which
could be applied to the subject property under the Transitional
FLUM designation. Potential problems regarding the mix of
residential and non-residential traffic will be minimized and
land use incompatibilities between commercial and office
properties with residential developments will be avoided.
Based on the above, positive findings can be made with respect
to Section 2.4.S(E)(S) regarding compatibility.
Compliance with Land Development Regulations: The proposed use
is to be in compliance with the Land Development Regulations.
-Items identified in the Land Development Regulations shall
specifically be addressed by the body taking final action
on a land development application/request.
The applicant has submitted a Sketch Plan with this proposal.
While the submitted sketch plan is not being formally considered
at this time, the following comments are provided.
'I
P&Z staff Report
Rezoning from A and poe to RM for the Taheri Property
Page 8
LDR Section 4.3.4{K) Development Standards Matrix:
The site's improvements, as proposed in the sketch plan, will
meet or exceed all requirements of this section.
LDR Section 4.4.6 RM Zoning Regulations:
The RM district permits a minimum density of 6 units per acre.
Increases up to 12 units per acre can be acconunodated upon a
finding by the Board approving the Site and Development Plan,
that the development is harmonious with adjacent properties and'
does not adversely affect areas of environmental significance or
sensitivity. The submitted sketch plan proposes the maximum 12
units per acre for the site. The above finding will be required
with approval of any development proposal for the site with a
density of greater than 6 units per acre.
Multiple family developments in the RM district are also
required to provide recreation areas and tot lots. The sketch
plan shows three recreation areas with a total area of 2.86
acres and containing two pools, cabana, clubhouse, volleyball
court, racquetball court, tennis courts, and a tot lot. The
proposed recreation areas meet the intent of this requirement.
The following additional regulations are highlighted at this
time:
LDR Section 4.6.9 Parking:
The parking requirement for multiple family residential
developments is 1.5 spaces per one bedroom unit, 2.0 spaces per
two bedroom (or larger) unit, plus 0.5 space per unit for guest
parking. The proposed development has a total of 360 two and
three bedroom units and 126 one bedroom units, requiring a total
of 1,089 parking spaces. A total of 1,089 spaces are shown on
the proposed sketch plan for the development. Of the required
spaces 21 are required to be handicap spaces and 22 are shown on
the sketch plan. Parking spaces, aisleways, and roads on the
sketch plan generally meet City design standa~ds. A more
thorough review of parking lot design will be conducted during
Site and Development Plan review.
LDR Section 4.6.16 Landscaping:
No .landscape plan has been submitted at this time. The
submission of a landscape plan meeting all requirements of
Section 4.6.16 will be required with the Site and Development
Plan submission.
Consistency: Compliance with the performance standards set
forth in Section 3.3.2 (standards for Rezoning Actions) along
with required findings in Section 2.4.5(D)(5) (Rezoning
Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found
P&Z Staff Report
Rezoning from A and POC to RM for the Taheri Property
Page 9
in the adopted Comprehensive Plan may be used in the making of a
finding of overall consistency.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following was found:
Conservation Element Policy B-2.l: - Submission of a biological
survey and a habitat analysis shall accompany land use requests
for...rezonings... However this requirement shall not apply...
where it is that there are not such resources.
The subject parcel is in use as a commercial nursery and has
been extensively cleared. Thus, no significant biological
resources exist on the site.
Traffic Element Figure T-4: - Future Traffic Network
This figure consists of a map identifying existing and required
roadways for the City. One of the future roadways identified on
the map is a collector road with an 80' right-of-way connecting
Linton Boulevard and Military Trail through the subject property
and the adjacent Blood's property.
Based on Figure T-4 the applicant will be required to provide
the 80' right-of-way through the property with the development
of the site. No collector road or future right-of.way is shown
on the submitted sketch plan. The applicant has indicated that
provision of the collector road in the location indicated in
Figure T-4 would have a detrimental effect on the development of
the subject parcel and the Blood's parcel, but has expressed
willingness to provide an 80' collector right-of-way along the
south property line. There is also a possibility that the
required road may be provided as a private road for use only by
residents of the multi-family and Blood's parcels. Provision of
the necessary roadway will be addressed at the time of site and
development approval.
Traffic Element Policy A-2.2: Commensurate with approval of
development plans, provisions shall be made for dedication of
land for the ultimate planned right-of-way of adjacent streets.
The survey submitted with this application shows the segment of
Military Trail adjacent to this parcel with a 115' right-of-way.
Table T-5 street Network Classification and Improvements shows a
planned ultimate right-of-way of 120' . A 2.5' dedication will
be -required at the time of Site and Development Plan and
Preliminary Plat approval.
Traffic Element Policy A-2.3: Commensurate with approval of
development plans, provisions shall be made for installation of
improvements which are necessary to maintain the adopted level
of service concurrent with the issuance of occupancy permits.
The submitted traffic study indicates that roadway improvements
for the intersections of Linton Boulevard and Military Trail and
.
P&Z Staff Report
Rezoning from A and POC to RM for the Taheri Property
Page 10
Clint Moore Road and Military Trail will be necessary for the
project to meet traffic concurrency requirements. Required
improvements to the intersection of Linton Boulevard and
Military Trail are currently under way. Improvements to Clint
Moore Road will be required to be completed by the developer
prior to the issuance of the first Certificate of Occupancy.
Housing Element Policy A-1.S: Each neighborhood orge:nization
shall be apprised of all land use matters which impact their
territory and which require review by the Local Planning Agencyw
Courtesy notices have been sent to all neighborhood groups in
the area. See the Neighborhood Notice section under the Review
by Others portion of this report.
Housing Element Policy C-2. 5: Development of remaining vacant
properties which are zoned for residential purposes shall be
developed in a manner which is consistent with adjacent
development regardless of zoning designations.
This requirement refers primarily to the Site and Development
Plan and Platting processes. Regardless of the zoning district
assigned to the parcel, compatibility with adjacent properties
will be of utmost importance when considering a Site and
Development Plan for this parcel.
Housing Element Policy C-3.1: Affordable housing shall be
achieved by the accommodation of a variety of housing types...
The proposed rezoning helps to fulfill the intent of this
policy. The proposed development will consist exclusively of
rental garden apartments. Although there is not a mix of unit
types within the development, rental garden apartments are a
housing type which is underrepresented in the City's housing
stock. Existing units in the western portion of the City are
predominantly single family and condominium multiple family.
The development will most likely occur in conjunction with the
Blo,od's property and share common access from the "Blood's Loop"
collector road. Given the City advisory FLUM designations on
the Blood's property I development of that parcel will likely
consist of primarily single family units (conventional and zero
lot line) with some low to medium density multiple family units
(i.e. villa or townhouse units). Thus, the overall development
of this large vacant area will help to fulfill this policy by
providing a mix of housing types.
Section 3.3.2 (Standards for Rezoninq Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
B) Affordable housing for moderate and middle income families,
particularly . first time home buyers, shall be achieved
through increases in density (rezoning) when it can be
demonstrated that the increase will result in a more
·
P&Z Staff Repert
Rezening frem A and POC to' RM fer the Taheri Preperty
Page 11
afferdable preduct previded that ether Policies of the
Housing Element are maintained.
The proposed density ef this site (6-12 units per acre) allews
fer the type ef develepment which caters to' middle income
families. Based en a survey of area rental develepments with
densities consistent with RM zoning, rent fer a two-bedroem
apartment weuld be expected to' fall in the $745 to' $1200 per
menth range (the average was $855) . These rental cests are
consistent with the demegraphics referenced in the above policy.
As referenced in the preceding sectiens ef this report, the
propesed rezening is censistent with ether pelicies of the
Housing Element.
D) That the rezoning shall result in allewing land uses which
are deemed cempatible wi th adjacent and nearby land uses
both existing and preposed; or that if an incempatibility
may eccur, that sufficient regulatiens exist to' properly
mitigate adverse impacts frem the new use.
Parcels adjacent to' and near the subject parcel to' the nerth and
west are primarily cemmercial (Wal-Mart, Delray TO'wn Center,
etc. ) , office (Seuth Ceunty Prefessienal Center, Linten Office
Plaza), and cemmunity facilities (Seuth Ceunty Mental Health
Center, Delray Baptist Church and Delray Cemmunity Hespital).
Seme properties to' the west ef the site (across Military Trail)
are develeped with single family residential and medium density
multiple family residential with lewer density than the propesed
RM zoning. Compatibility with those parcels will be insured by
the separation ef the parcels by Military Trail and the 30'
landscape buffer adjacent to Military Trail required for any
develepment ef the subject parcel.
Adjacent to' the parcel to' the seuth and east is the remaining 95
acres of the Bleed's preperty which are identified in the
Cemprehensive Plan as Medium Density Residential, Lew Density
Residential, and Censervatien and Open Space. The RM district
is clearly cempatible with Medium Density. Cempatibility with
the Lew Density Residential area is insured by the RM
regulations which permit a base density ef only 6 units per
acre, while increases up to' a maximum ef twelve units per acre
can be approved pursuant to specific findings ef cempatibility
at the time of Site and Development appreval.
Standards "A" and "C" dO' not apply to' this propesal.
Sectien 2.4.S(D)(S) (Rezening Findings):
Pursuant to' SectiO'n 2.4.S(D)(1) (Findings), in addition to'
previsiO'ns ef Section 3.1.1, the City CemmissiO'n must make a
finding that the rezoning fulfills one ef the reasO'ns for which
the rezO'ning change is being sO'ught. These reasO'ns include the
fO'llewing:
"
P&Z Staff Report
Rezoning from A and POC to RM for the Taheri Property
Page 12
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate;
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or,
neighborhood.
The applicant submitted a justification statement as a part of
the rezoning application. The statement indicates that the
applicable reasons are lib" and "c." As the statement is too
lengthy to be included in its entirety, the following is a'
summary of the justification statement. A copy of the
justification is attached as an appendix to this report.
The A zoning designation is intended to be utilized as a
"holding zone" which permits continued agricultural activities
until development is proposed. The "A" designation was assigned
to 35 acres of the site at the time of annexation for that
reason. When development is proposed "A" zoned parcels are to
be rezoned as appropriate under the FLUM designation. As this
parcel has a Transitional FLUM designation, it may appropriately
be assigned to any residential zoning district, POD
(Professional Office District), POC (Planned Office Center), CF
(Community Facilities), NC (Neighborhood Commercial), or RO
(Residential Office). Thus, reason "b" applies to this parcel.
Reason "c" is also appropriate for this portion of the subject
property. As the surrounding area is largely developed with
office, commercial, public, and residential uses, RM zoning'is
more appropriate than the current "A" designation.
The remaining five acres of the site are currently zoned POCo
The parcel is located to the west of an existing office plaza
and south of the South County Mental Health Center. When the
parcel is rezoned to RM, it will function as an area of
intermediate intensity between the office uses to the north and
west, and the residential uses to the south. As this is one
purpose of the Transitional FLUM designation, the RM district is
more appropriate in this location. Thus, reason "c" is
applicable to this parcel.
A copy of the submitted justification statement is attached to
this report.
REV I E W B Y o THE R S:
The rezoning is not in a geographic area requiring review by
either the HPB (Historic Preservation Board) , DDA (Downtown
Development Authority) or the CRA (Community Redevelopment
Agency) .
P&Z Staff Report
Rezoning from A and POC to RM for the Taheri Property
Page 13
Notification of Adjacent Local Governments:
Per Policy A-I.? of the Intergovernmental Coordination Element
of the city of Delray Beach Comprehensive Plan notification mµst
be provided to an adjacent unit of government of any development
proposal which involves a private land use petition requiring
Local Planning Agency review and located within one-quarter mile
of the boundary of that unit of government.
Notice of this application has been sent to Palm Beach County.
Neiqhborhood Notice:
Formal public notice has been provided to property owners within
a 500 I radius of the subject property. A special certified
notice has been sent to each of the property owners of record.
Courtesy notices have been sent to:
* Saul Weinberger * George Conley
Maxwell White Pines of Delray East
Del-Aire Country Club
* Ermino P. Giuliano * Jack Frieder
Fox Chase Pines of Delray West
* Joseph Maschella * Haag Management
Shadywoods Andover
* Shadywoods Homeowners * Dan Pase
Association Boca Delray
* Helen Coopersmith * Gretchen Bacon
PROD Oakmont Associates
* Lillian Feldman * Spanish Wells
United Property Owners Condominiums
* Bob Stump * Joy Binkowitz
Crosswinds Crosswinds
* Lenny Gonsalves * Dorothy Alport
Eastwinds of Crosswinds Southwinds of Crosswinds
* Bob French * Crosswinds - Office
. Crosswinds Single Family
who have requested notification of petitions in that area.
Letters of objection, if any, will be presented at the P & Z
Board meeting.
"
P&Z Staff Report
Rezoning from A and POC to RM for the Taheri Property
Page 14
ASS E SSM E N T AND CON C L U S ION:
The proposed rezoning of the 40.52 acre Taheri property to RM
can be recommended for approval based on the positive findings
outlined in this report and summarized below. However, by
recommending approval of the rezoning, the Board is not
necessarily endorsing development of the subject parcel
according to the submitted sketch plan or at a density of 12
units per acre. The RM district permits a base density of only
6 units per acre, while up to a maximum of twelve units per acre,
can be approved pursuant to specific findings of compatibility'
at the time of Site and Development approval.
While the Board has the option to apply a density suffix at this
time, staff does not recommend use of the suffix. The RM zoning
allows reasonable use of the property to help alleviate a need
for multi-family rental units in the city. Development of the
parcel at 6-12 units per acre will be much more compatible with
surrounding properties than the commercial and office
developments also provided for in the Transitional FLUM
designation. Sufficient provisions exist in the RM district and
the Supplemental District Requirements to ensure compatibility
of the development without the application of a density suffix.
All required public facilities and services are available to
serve residential development at a density of up to twelve units
per acre. The RM zoning district is consistent with the
Transitional FLUM designation. Required positive findings with
respect to Section 2.4.5(D)(1) (rezoning findings), Section
3.1.1, and the performance standards of Section 3.3.2 can be
made. Additionally, the proposed rezoning meets the intent of a
number of Comprehensive Plan policies including Housing Element
policies relating to provision of housing for middle income
families, and provision of a variety of housing types. Based on
the above, the proposed rezoning of the Taheri property to RM
can be recommended for approval.
A L T ERN A T 1 V E ACT ION s:
A. Continue with direction.
B. Recommend rezoning of the Taher i property from A and
POC to RM, based on positive findings with respect to
. Section 2.4.5(D)(1) (rezoning findings) , Section
3.1.1, and the performance standards of Section 3.3.2.
C. Recommend rezoning of the Taheri property from A and
poe to RM, with the application of a density suffix to
ensure compatibility with surrounding lower density
residential properties, based on positive findings
with respect to Section 2.4.5(D)(1) (rezoning
findings) , Section 3.1.1, and the performance
standards of Section 3.3.2.
P&Z staff Report
Rezoning from A and PCC to RM for the Taheri Property
Page 15
D. Recommend denial of a rezoning of the Taheri property,
based on a failure to make positive findings.
S T A F F R E COM MEN D A T ION:
Recommend approval of the rezoning request for the Taheri
property from A (Agricultural) and POC (Planned Office Center)
to RM (Multiple Family Residential - Medium Density), based upon
positive findings with respect to Section 3.1.1 (Required,
Findings) and Section 3.3.2 (Standards for Rezoning Actions) of
the Land Development Regulations, policies of the Comprehensive
Plan, and Section 2.4.5(D)(5).
Attachments:
* Location Map
* Justification Statement
Report prepared by : Jeff Perkins, Planner
Reviewed by DD on : ðef. 13, 1?71 it/).
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JUSTIFICATION STATEMENT
FOR
MILITARY TRAIL RESIDENTIAL PROJECT
The property owner is requesting a rezoning approval from Agricultural in part and Planned Office
Center in part to RM - Multiple Family Residential Medium Density. The property in question is
an existing wholesale nursery approximately 40.5 acres in size and is located on the east side
of Military Trail approximately 1,300 feet south of Unton Blvd. For your reference, a boundary
survey is included with this application identifying the configuration of the subject parcel.
This property was the subject of Annexation and a Future land Use Plan Amendment in 1993.
The Future Land Use Plan Amendment involved an amendment from an existing City advisory
designation of Medium Density Residential to a City Transitional Land Use designation. Because
there was no development plans at that time, an Agricultural zoning designation was kept as a
holding zone until a realistic zoning/development approval was requested.
Pursuant to the City's land Development Regulations, Section 2.4.5(0)(2), a statement of reason
for Rezoning must be included. In this case, the validity for approving a change in zoning
applies to letter B, and C. Item B. indicates whether a change in circumstances which makes
the current zoning inappropriate. In this case, the current zoning, which is predominantly
Agricultural, is inappropriate because this area is one that is rapidly growing with new residential
communities. This parcel is one of the few remaining vacant/undeveloped parcels along Military
Trail. In other words, this property represents in-fill development. Furthermore, this property
developed residential versus left in an agricultural use is appropriate because a residential
development makes more efficient use of existing infrastructure (e.g., water, sewer, drainage) and
public services (e.g., solid waste, fire rescue, mass transit). Additionally, the proposed rezoning
will in effect eliminate an existing land use incompatibility between agricultural and residential
developments. Uses permitted as accessory to agriculture such as chipping and mulching,
composting and potting soil manufacturing are considered as accessory to the wholesale nursery
use: The use of pesticides and other chemicals may be incompatible with surrounding residential
development.
Item C. indicates whether the requested zoning is of similar intensity as allowed under the Future
land Use Map and that it is more appropriate for the property based upon circumstances
particular to the site and/or neighborhood. The Transitional Land Use designation allows both
Residential and Non-Residential Uses. The Transitional Land Use designation permits all
Residential Zoning Districts with the exception of the Rural Residential, and it allows
Neighborhood Commercial, Planned Office Center and Professional Office. For your reference,
a preliminary site plan has been submitted with this application. In this case, the property owner
is exclusively requesting an RM - Multiple-Family Rental Residential development at a density
of 12.0 dwelling units per acre to allow 486 dwelling units. This designation and rezoning request
.
Justification Statement
Military Trail Residential Project
Page 2 of 2
will aHempt to provide a transition between less intensive residential uses existing to the south
and existing commercial uses to the north. This Transitional category allows for a fairly dense
residential development which can make a good buffer between commercial and office uses to
the north and a single family residential development to the south,
With regard to compatibility, this property is adjacent to the existing Palm Beach County Mental
Health Center and the South County Professional Office Center Phase I project. The balance,
Phase II (rear 5,0 acres). is still approved but has never been developed and is now being
incorporated into this rezoning request for residential use. To the northwest is an existing Wal-
Mart Shopping Center; the property located to the south and east ;s the Blood's Grove property,
which is identified on the City's (Advisory) land Use Map as Medium Density/Low Density
Residential Commercial, Community Facilities and Open Space. To the west is the Lynn Cancer
Research Center, a Baptist Church, Country lakes Planned Unit Development which includes
multi-family unit types and to the south of Country lakes is the PUD known as Bel-Aire PUD
which includes single family unit types. As noted on the City of Defray Beach's Future land Use
Plan Map, starting from the intersection of Linton Boulevard and Military Trail, on the east side
of Military Trail, the parcels are designated General Commercial, Hospital, Transitional (Planned
Office), then the subject property proposed Medium Density Residential and ultimately a Low
Density Residential. This gradual transition makes excellent Planning sense for less intense
development further away from the busy roadway intersections, This gradual transition also
occurs on the west side of Military Trail with properties directly across the street designated MR5
- Medium Density (Parm Beach County). which allows up to five (5) dwelling units per acres as
a Planned Unit Development.
With regard to traffic intensity, the proposed residential request will generate nearly 3,000 trips
per day less than H this project were developed under strictly a commercial designation utif1zing
a Neighborhood Commercial zoning category and a Planned Office Center District. Additionally,
with regard to intensity, the City of Delray Beach responded to the Department of Community
Affairs via the Objections, Recommendations and Comments Report in 1993 as part of Plan
Amendment 93-2. As part of that response the City did a Public Facilities Analysis describing the
demand with regard to Medium Density Residential Development as compared to a Transitional
Land Use Development. In part of this analysis, it was determined that water and sewer
consumption was slightly higher for a Medium Density Residential project, as well as the demand
for additional recreational area. However, traffic circulation impact and solid waste impact were
signHicantly less than the highest Transitional Land Use.
ALAW/jb/traiI2.jus
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER{'1t(
.
SUBJECT: AGENDA ITEM # /~C - MEETING OF NOVEMBER 1. 1994
FIRST READING FOR ORDINANCE NO. 85-94/REZONING OF ST.
PAUL A.M.E. CHURCH
DATE: OCTOBER 28, 1994
This is first reading of Ordinance No. 85-94 rezoning 0.90 acres
of land belonging to St. Paul A.M.E. Church from GC (General
Commercial) to CF (Community Facilities) District. The subject
properties are generally located on the east and west sides of
N.W. 5th Avenue, between N.W. 1st and 2nd Streets.
This rezoning is essentially a corrective action. When the Land
Development Regulations were adopted in 1990, churches were
eliminated as a conditional use in the commercial districts. St.
Paul A.M.E. Church, therefore, became a legally established non-
conforming use. In order for the church to become a conforming
use and have the ability to make alterations to the existing
structures, rezoning is necessary.
It would have been appropriate to place CF (Community Facilities)
zoning on the church properties at the time of the Citywide
rezonings in 1990. Hence, the zoning was established in error
and rezoning to CF is appropriate.
At its meeting of October 17, 1994, the Planning and Zoning Board
held a public hearing in conjunction with review of this rezoning
request. There was no public testimony opposing the request for
rezoning, and the Board voted unanimously to recommend approval.
Recommend approval of Ordinance No. 85-94 on first reading based
on positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the
Comprehensive Plan and LDR Section 2.4.5(D) (5), that the Zoning
has been established in error. If passed, second reading and
public hearing is November 15, 1994.
p~ 5'-0
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( ~1-1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CITY MANAGER
THRU:
ZONING
FROM:
SUBJECT: MEETING OF NOVEMBER 1, 1994
FIRST READING OF ORDINANCE NO. 94 - REZONING OF
PROPERTY FROM GC (GENERAL COMMERCIAL) TO CF (COMMUNITY
FACILITIES) FOR ST. PAUL'S A.M.E. CHURCH.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance rezoning 0.90
acres of land from GC (General Commercial) to CF (Community
Facilities). The purpose of this rezoning is to apply the
zoning classification which is most appropriate for the
existing church use and its holdings.
The affected properties are generally located on the east
and west sides of N.W. 5th Avenue, between N.W. 1st Street
and N.W. 2nd Street.
BACKGROUND:
With the adoption of the City's Land Development Regulations
(LDRs) in October 1990, churches were eliminated as a
conditional use in the GC zoning district as well as other
commercial districts. Thus, the church is presently a legally
established nonconforming use. Although the church may continue
to conduct services and other associated activities, the
existing church cannot be expanded to occupy any additional land
area.
Churches are allowed as a permitted use within the CF (Community
Facilities) zoning district. At the time of the Citywide
rezonings and adoption of the LDRs in 1990, it would have been
appropriàte to place a CF zoning designation on the church
properties. In order for the church to become a conforming use
and have the ability to make alterations to the existing
structures, rezoning to CF is necessary. A complete analysis of
the rezoning is found in the attached Planning and Zoning Board
Staff Report.
"
city Commission Documentation
Meeting of November 1, 1994
First Reading of Ordinance No. -94 - Rezoning Property from
GC to CF for St. Paul's A.M.E. Church
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of October 17, 1994, the Planning and Zoning
Board held a public hearing in conjunction with review of the
rezoning request. There was no public testimony opposing the
request. The Board voted (7-0) to recommend approval of the
rezoning from GC to CF.
RECOMMENDED ACTION:
By motion, approve Ordinance No. -94 on First Reading, with
the public hearing to be held on November 15th.
Attachment:
* Location/Zoning Map
* P&Z Board Staff Report & Documentation of October 17, 1994
* Copy of Ordinance No. -94
VaCCPAUL.DOC
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I ORDINANCE NO. 85-94
1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF i
!I
II DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND ,
!i PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN I
I! THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND ¡
!\ I
BEING GENERALLY LOCATED ON THE EAST AND WEST SIDES OF
I! N.W. 5TH AVENUE, BETWEEN N.W. 1ST STREET AND N.W. 2ND
STREET; AND AMENDING "ZONING MAP OF DELRAY BEACH, ,
!I ,
II FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, :
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
,
!I WHEREAS, the property hereinafter described is shown on the I
Zoning District Map of the City of Delray Beach, Florida, dated April,
II 1994, as being zoned GC (General Commercial) District¡ and
WHEREAS, at its meeting of October 17, 1994, the Planning
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, reviewed this item and voted unanimously to recommend approval i
of the rezoning, based upon positive findings¡ and
WHEREAS, it is appropriate that the Zoning District Map of
II the City of Delray Beach, Florida, dated April, 1994, be amended to
II
II reflect the revised zoning classification.
II NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
Ii CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I
I,
I!,' Section 1. That the Zoning District Map of the City of
II Delray Beach, Florida, dated April, 1994, be, and the same is hereby
d amended to reflect a zoning classification of CF (Community
II Facilities) District for the following described property:
Lot 6, Replat of Part of Block 27, TOWN OF LINTON,
\,
Ii
I, Delray Beach, Florida, as recorded in Plat Book 21 at
jf Page 43 of the Public Records of Palm Beach County, i
Ii Plorida; and Lots 5 and 6, Block 27, TOWN OF LINTON, I
Ii Delray Beach, Florida, as recorded in Plat Book 1 at
Page 3, Sheet 2, of the Public Records of Palm Beach
I County, Florida (east side of N.W. 5th Avenue)¡
:
TOGETHER WITH the North 101 feet of the South 306
feet of the East 135 feet of Block 19, TOWN OF
LINTON (now Delray Beach), as recorded in Plat Book 1 !
at Page 3 of the Public Records of Palm Beach County, !
Florida (west side of N.W. 5th Avenue).
The subject properties are generally located on the
east and wes~ sides of N.W. 5th Avenue, between N.W.
1st Street and N.W. 2nd Street¡ containing 0.90
acres, more or less.
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Section 2. That the Planning Director of said City shall, !
i
upon the effective date of this ordinance, amend the Zoning Map of the I
City of Delray Beach, Florida, to conform with the provisions of ,
!
Section 1 hereof. !
:'
:1 Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
I whole or part thereof other than the part declared to be invalid.
I
i
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; Section 5. That this ordinance shall become effective
, immediately upon passage on second and final reading. j
II PASSED AND ADOPTED in regular session on second and final !
,
reading on this the day of 1994. ,
, I
:'
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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I
- 2 - Ord. No. 85-94
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: OCTOBER 17, 1994
AGENDA ITEM: V.I - CONSIDERATION OF A REZONING REQUEST FROM GC
(GENERAL COMMERCIAL) TO CF (COMMUNITY FACILITIES)
FOR ST. PAUL'S A.M.E. CHURCH.
I T E M B E FOR E THE BOARD:
The action before the Board is that of making a recommendation
to the City Commission on a rezoning request from GC (General
Commercial) to CF (Community Facilities) for st. Paul's A.M.E.
Church, pursuant to Section 2.4.5(D). As this action is
corrective in nature, this report was prepared in a memorandum
format.
The affected properties are generally located on the east and
west sides of N.W. 5th Avenue, between N.W. 1st Street and N.W.
2nd Street, consisting of 0.90 acres.
PRO J E C T DES C RIP T ION :
The affected properties include Lots 5 and 6, Block 27, Town of
Linton and Lot 6, re-subdivision of Block 27 (east side of N.W.
5th Avenue); and, the north 101 ft. of the south 306 ft. of the
east 135 ft. of Block 19, Town of Linton (west side of N.W. 5th
Avenue) . The properties on the east side of 5th Avenue contain
the church, rectory, and associated parking. The property on
the west side of 5th Avenue is vacant land.
BACKGROUND:
St. Paul's African Methodist Episcopal Church was founded in
1897. The Church purchased Lot 5, Block 27 (east side of N.W.
5th Avenue), and constructed a church on the property in 1911.
The congregation re-built a church at the same location in 1958.
An addition was constructed in 1966 and a rectory was
constructed in 1976.
On April 11, 1989, the City Commission designated Lot 5 of the
Church'.- property as a historical site. Prior to the adoption
of the City'. Land Development Regulations (LDRs) in October
1990, church.. were allowed as a conditional use within a
majority of the commercial zone districts (GC, CBD, SC, LC) .
With t.he adoption of the City's Land Development Regulations
(LDRs), churches were eliminated as a conditional use in the GC
zoning district as well as other commercial districts. Thus,
the church is presèntly a legally established nonconforming use.
Although the church may continue to conduct services and other
associated activities, the existing church cannot be expanded to
occupy any additional land area.
.
V.E.
,
Planning and ZOL ~ Board Memorandum Staff i ~ort
St. Paul's A.M.E. Church - Rezoning from GC to CF
Page 2
Churches are allowed as a permitted use within the CF (Community
Facilities) zoning district. In order for the church to become
a conforming use and have the ability to make alterations to the
existing structures, rezoning to CF is necessary. On September
2, 1994, an application was submitted to rezone the subject
property from GC to CF to accommodate the church. This rezoning
request is now before the Board for action.
Z 0 N I N G A N A L Y S IS:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain finding. must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the Future Land Use Map, Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development
Regulations.
As the rezoning is corrective in nature and deals with an
existing use, findings as they relate to Concurrency are not
required.
FUTURE LAND USE MAP: Pur.uant to Land Development Regulations
Section 3.1.1(A) (Future Land Use Map) , all land use. and
re.ulting structures must be allowed in the zoning district
within which the land is situated and, said zoning must be
consi.tent with the land use de.ignation a. shown on the Future
Land Use Map.
The subject property has a Redevelopment Area .1 Land Use Map
designation and is currently zoned GC (General Commercial). As
previously stated, the proposed church use is not allowed under
the current GC zoning district. Pursuant to Section
4.4.2l(B)(5) (permitted Uses and Structures Allowed), within the
CF zone district, religious establishments and their attendant
functiolUl i.e. churches are allowed as a permitted use. The
proposed zoning of CF (Community Facilities) is consistent with
all land u.e map designations (except Conservation and Large
Scale Mixed Use), including the existing Redevelopment Area #1
designation. Based upon the above, a posi ti ve finding can be
made with respect to consistency with the land use map
designation.
-
CONSISTBNCY: Compliance with the performance standards set forth
in Section 3.3.2 (Standard. for Rezoning Action.) along with
required finding. in Section 2.4.' (D) (') (Rezoning Finding.)
shall be the ba.i. upon which a finding of overall con.i.tency
is to be made. ~her objective. and policies found in the
adopted Comprehensive Plan may be used in the making of a
finding of overall con.i.tency.
· '
, Planning and Zor. :l Board Memorandum staff 1. -",ort
, St. Paul's A.M.E. Church - Rezoning from GC to CF
Page 3
As the rezoning is corrective in nature, findings with respect
to the rezoning standards do not have to be made.
Comprehenlive Plan Policies:
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and no applicable objectives or
policies were found.
Section 2.4. !5 (D) (!5) ( RezoninQ F indinQI) : Purluant to Section
2.4.!5(D)(l) (Findings), in addition to provisions of Section
3.1.1, the City Commission mUlt make a finding that the rezoning
fulfills one of the reasons for which the rezoning change is
being Bought. These reasonl 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 circumstance. which
make the current zoning inappropriate,
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property baled upon
circumstances particular to the site and/or
neighborhood.
The Church has existed at this location since 1911. At the time
of the Citywide rezonings and adoption of the LORs in October
1990, it would have been appropriate to place a CF (Community
Facilities) zoning designation on the church properties as the
church was legally established and has existed at this location
for many years providing a community service. Based upon the
above the above information, it is appropriate to make a finding
that with the Citywide rezoning of 1990, the zoning was
established in error and that the rezoning to CF is appropriate.
R I V I I W B Y 0 T H IRS :
The rezoning is not in a geographic area requiring review by the
DDA (Downtown Development Authority).
Community Redevelopment Aqency
At its meeting on September 22, 1994, the CRA reviewed and
recommended approval of the rezoning request.
Special Courtesy Notice:
Courtesy notices were provided to West Atlantic Property Owner's
Association (WAPOA), Del ray Merchant Association and the Visions
West Atlantic Steering Committee.
"
Planning and Zon ~ Board Memorandum staff h ~ort
St. Paul's A.M.E. Church - Rezoning from GC to CF
Page 4
Public Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. Letters of objection, if
any, will be presented at the Planning and Zoning Board meeting.
ASS E SSM E N T AND CON C L U S ION S
The rezoning will enable positive findings to be made with
Sections 3.1.1(A) (Future Land Use Map) and Section
2.4.5(D)(5) (Rezoning Findings), that the use will now be
consistent with the zoning, and that the zoning was
established in error. The rezoning action will place all the
Church's properties wi thin the CF zone district which is the
most appropriate designation for this facility which 1s
community related.
ALTERNATIVE ACT ION S :
A. Continue with direction.
B. Recommend approval of the rezoning request from GC to CF
for St. Paul's A . M. E . Church based upon positive findings
with respect to Chapter 3 (Performance Standards) of the
Land Development Regulations, policies of the Comprehensive
Plan, and Section 2.4.5(D)(5).
C. Recommend denial of the rezoning request from GC to CF for
St. Paul's A.M.E. Church based upon a failure to make a
positive finding with respect LDR Section 2.4.5(D)(5), the
rezoning fails to fulfill at least one of the reasons
listed.
STAFF RECOMMENDATION:
Recommend approval of the rezoning request from GC to CF for
St. Paul's A.M.E. Church, based upon positive findings with
respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive Plan and
LDR Sec~lon 2.4.5(D)(5), that the zoning has been established in
error.
Attachment:
. Location/Zoning Map
. Survey
Y.P..TPAUL.DQC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER C1" t .
SUBJECT: AGENDA ITEM # I~D - MEETING OF NOVEMBER 1. 1994
FIRST READING FOR ORDINANCE NO. 86-94/REZONING CRA-
OWNED PROPERTY (KWIK STOP AND DISCOUNT AUTO PARTS)
DATE: OCTOBER 28, 1994
This is first reading for Ordinance No. 86-94 rezoning a 0.79
acre parcel of land from CF (Community Facilities) District to GC
(General Commercial) District. The property is located on the
south side of West Atlantic Avenue, between S. W. 1st and 2nd
Avenues (Kwik Stop and Discount Auto Parts). It is owned by the
Community Redevelopment Agency.
In 1990 this property was zoned CF in anticipation of the future
expansion of the South County Courthouse. However, in 1993 the
interlocal agreement with the County was amended to state that
they will not request transfer of the property prior to December
31, 2000. As it now stands, occupancy of this property is
limited by its current non-conforming status.
The purpose of this rezoning is to accommodate the existing
commercial uses and to provide flexibility to lease existing
vacant space to a variety of commercial uses which are allowed in
the GC zone district.
At its meeting of October 17, 1994, the Planning and Zoning Board
held a public hearing in conjunction with review of the rezoning
request. There was no public testimony opposing the request for
rezoning, and the Board voted unanimously to recommend approval.
Recommend approval of Ordinance No. 86-94 on first reading, based
on positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2.4.5(D) (5), that there has been
a change in circumstances that make the existing CF zoning
inappropriate. If passed, second reading and public hearing is
November 15, 1994.
p~ -5-0
I
.
.
·
I ORDINANCE NO. 86-94
I: THE CITY COMMISSION OF THE CITY OF
il AN ORDINANCE OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
I PRESENTLY ZONED CF (COMMUNITY FACILITIES) DISTRICT IN
I THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING
I LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE,
,I
Î BETWEEN S.W. 1ST AVENUE AND S.W. 2ND AVENUE; AND
I. AMENDING II ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
II
Ii PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
I AND AN EFFECTIVE DATE.
¡ WHEREAS, the property hereinafter described is shown on the
I Zoning District Map of the City of Delray Beach, Florida, dated April,
¡
1994, as being zoned CF (Community Facilities) District; and
WHEREAS, at its meeting of October 17, 1994, the Planning I
and Zoning Board for the City of Delray Beach, as Local Planning
Agency, reviewed this item and voted unanimously to recommend approval
of the rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of
I the City of Delray Beach, Florida, dated April, 1994, be amended to
reflect the revised zoning classification.
I
II i
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I
II i
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
I Section 1. That the Zoning District Map of the City of
I Delray Beach, Florida, dated April, 1994, be, and the same is hereby
amended to reflect a zoning classification of GC (General Commercial)
Î District for the following described property:
Lots 3 and 4, Block 53, TOWN OF LINTON, according to
the Plat thereof on file in the Office of the Clerk
of the Circuit Court in and for Palm Beach County,
Florida, in Plat Book 1, Page 3. (The Town of Linton
i. now known as Delray Beach), LESS that part of said
Lots conveyed to the State of Florida for
right-of-way of State Road No. 806 in Official
.Records Book 1605, Page 228, of the Public Records of
I 'Palm Beach County, Florida, being more particularly
described as follows: The North 20 feet of Lots 3
and 4, Block 53, according to the Plat of original
Town of Linton, as recorded in Plat Book 1, Page 3,
in the Public Records of Palm Beach County, Florida,
in Section 17, Township 46 South, Range 43 East, and
that part of said Lot 4, which is included in the
external are~ formed by a 25 foot radius arc, which ,
I
I
I
I is tangent to a line 20 feet South of and parallel to
the North line of said Lot 4, and tangent to the East
! line of said Lot 4.
I
I Lots 1 and 2, Block 53, TOWN OF LINTON, now known as
i DELRAY BEACH, according to the Plat thereof as
I recorded in Plat Book 1, Page 3, Public Records of
I
I Palm Beach County, Florida, LESS the North 20 feet of
Lots 1 and 2, Block 53, according to the Plat of
I ORIGINAL TOWN OF LINTON, as recorded in Plat Book 1,
I Page 3, Public Records of Palm Beach County, Florida,
:¡ in Section 17, Township 46 South, Range 43 East and
that part of said Lot 1, which is included in the
external area formed by a 25 foot radius arc, which
is tangent to a line 20 f,et South of and parallel to
the North line of said Lot 1 and tangent to the West
line of said Lot 1.
The subject property is located on the south side of
West Atlantic Avenue, between S.W. 1st Avenue and
S.W. 2nd Avenue¡ containing 0.79 acres, more or less.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, amend the Zoning Map of the
City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
I ordinance or any portion thereof, any paragraph, sentence, or word be
L 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.
S_ðt:ion 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 , 1994.
I
ATTEST: MAYOR
City Clerk
First Reading
Second Reading :
- 2 - Ord. No. 86-94
I
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ti C.R.A REZONINGS
I'\.ANII1NII .I'MTICWT {KWIK STOP and DISCOUNT AUTO PARTS)
CITY Œ DrlMY KAØ4. FL
-- actrAL /lASF I/AP $'r$7Df --
I
Ci\
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~~~ DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM:
SUBJECT: MEETING OF NOVEMBER 1, 1994
FIRST READING OF ORDINANCE NO. '8" -94 - REZONING OF
CRA OWNED PROPERTY ON THE SOUTH SIDE OF WEST ATLANTIC
AVENUE , BETWEEN S. W. 1ST A VENUE AND S.W. 2ND AVENUE
FROM CF (COMMUNITY FACILITIES) TO GC (GENERAL
COMMERCIAL) (KWIK STOP & DISCOUNT AUTO PARTS).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance rezoning 0.79
acres of land from CF (Community Facilities) to GC (General
Commercial) . The purpose of this rezoning is to
accommodate the existing commercial uses as well as provide
the flexibility to lease existing vacant space to a variety
of commercial uses which are allowed in the GC zone
district.
The affected properties are located on the south side o'f
West Atlantic Avenue, between S.W. 1st Avenue and S.W. 2nd
Avenue.
BACKGROUND:
With the Citywide rezoning and adoption of the City's Land
Development Regulations in 1990, the subject property was
rezoned from GC to CF, in anticipation of the future expansion
of the South County Courthouse (southwest corner of Atlantic
Avenue and S.W. 2nd Avenue). With the rezoning, the existing
retail-and laundry uses became nonconforming. It is noted that
as the laundromat vacated the property in April, 1994, the
options for reoccupancy are limited by the nonconforming status.
In 1993, the interlocal agreement as it relates to the South
County Courthouse was amended to state that the County will not
request transfer of the property prior to December 31, 2000.
Thus, the building~ may remain vacant until 2002, with no
guarantee that the County will utilize the property. An
analysis of the request is found in the attached Planning and
Zoning Board Staff Report.
City Commission Documentation
Meeting of November 1, 1994
First Reading of Ordinance No. -94 - Rezoning CRA OWned Property
from CF to GC (Kwik Stop & Discount Auto Parts)
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of October 17, 1994, the Planning and Zoning
Board held a public hearing in conjunction with review of the
request. There was no public testimony regarding the proposed
rezoning. The Board voted 7-0 to recommend approval of the
rezoning request.
RECOMMENDED ACTION:
By motion, approval of Ordinance No. "fit:, -94 on First Reading and
setting a public hearing date of November 15th.
Attachment:
* Location/Zoning Map
* P & Z Staff Report and Documentation of October 17, 1994
* Copy of Ordinance No. -94
Y:CCCRA.DOC
.
I
PLANNING & ze \JING BOARD
CITY OF DELRA Y BEACH --- STAFF REPORT ---
MEETING DATE: October 17, 1994
AGENDA ITEM: V.F.
ITEM: P-ezoning troD CF (Community Facilities) to GC (General Coomercial)
tor the Strip Commercial Center Located on the South Side of
West Atlantic Avenue.
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GENERAL DATA:
Owner/Applicant..........City of Delray Beach Community
Redevelopment Agency
Location.................South side of W. Atlantic Avenue,
between S.W. 1st Avenue and S.W.
2nd Avenue.
Property Size............O.79 Acres
City Land Use Plan.......Redevelopment Area #1
Current City Zoninq......CF (Community Facilities)
Proposed City Zoninq.....GC (General Commercial)
Adjacent Zoninq...North: CF
East: OSSHAD (Old School Square Historic
Arts District)
_ South: CF
West: CF
Existing Land, Use. .'......An existing auto parts store and
a convenience store with a vacant
bay.
Proposed Land Use........Same as existing with potential
to lease vacant bay to commercial
. uses.
Water Service............Existing on-site
Sewer Service...... .,.... .Existing on-site V. r.
I T E M B E FOR E THE BOA R D :
The action before the Board is that of making a
recommendation on a rezoning request from CF
(Community Facilities) to GC (General Commercial) for
property owned by the Community Redevelopment Agency
(Kwik Stop & Discount Auto Parts), pursuant to Section
2.4.5(D).
The subject property is located on the south side of
West Atlantic Avenue, between S.W. 1st Avenue and S.W.
2nd Avenue.
BACKGROUND:
The rezoning request incorporates Lots 1 - 4, Block 53, Town of
Linton, consisting of 0.79 acres. The existing convenience
store/vacant laundromat building on Lots 1 and 2 was constructed
in 1961- The existing automotive parts store on Lots 3 and 4
was constructed in 1979, with upgrades to the site occurring in
1990.
Pursuant to the interlocal agreement of 1986, between the City
of Delray Beach, the City's Community Redevelopment Agency (CRA)
and Palm Beach County, the CRA purchased Lots 1 and 2 in
October, 1987 (existing Kwik Stop & former Spee-Dee Laundromat)
and lots 3 and 4 (Discount Auto Parts) in July, 1988. Per the
agreement, the CRA was to transfer ownership of the subject
property to the County by 1996, to accommodate future expansion
of the courthouse (southwest corner of Atlantic Avenue and S.W.
2nd Avenue) . With the Citywide rezoning and adoption of the
City's Land Development Regulations in 1990, the subject
property was rezoned from GC (General Commercial) to CF
(Community Facilities), in anticipation of that expansion. With
the rezoning, the existing retail and laundry uses became
nonconforming.
In 1993, the agreement was amended to state that the County will
not request transfer of the property prior to December 31, 2000.
The agreement further provides that if the County does not
request the property by December 31, 2002, the CRA may retain
ownership. It is noted that as the laundromat vacated the
property in April, 1994, the options for reoccupancy is limited
by the nonconforming status.
On September 9, 1994, an application was submitted to rezone the
subject. property from CF to GC to accommodate existing and
proposed commercial uses. This rezoning request is now before
the Board for action.
PROJECT DES C RIP T I 0 . I
The proposed rezoning from CF to GC is to accommodate the
existing commercial .uses as well as provide the flexibility to
lease existing vacant space to a variety of commercial uses
which are allowed in the GC zone district.
,
P & Z Board Stal Report
Rezoning from CF to GC for CRA Property -
Kwik stop & Discount Auto Parts
Page 2
Z 0 N I N G A N A L Y S IS:
REQUIRED FINDINGS: (Chapter 3)
pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the Future Land Use Map, Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development
Regulations.
Future Land Use Map: I The use or structures must be allowed in
the zoning district and the zoning
district must be consistent with the land use designation.
The subject property has a Redevelopment Area t 1 Land Use Map
designation and is currently zoned CF (Community Facilities).
The existing commercial uses (Kwik Stop, Discount Auto Part.)
are not allowed under the current CF zoning district. The
proposed zoning of GC (General Commercial) is consistent with
the future land use map designation. Pursuant to Section
4.4.9(B)(1) (Permitted Uses and Structures Allowed) , the
existing commercial uses i.e. auto parts store and convenience
store are allowed as permitted uses. Based upon the above, a
positive finding can be made with respect to consistency with
the land use map designation.
I Concurrency: I Facilities which are provided by, or through,
the City shall be provided to new development
concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
As the rezoning request to GC will accommodate the existing
commercial use. on the property, and is of similar intensity as
the use. allowed under the current CF zoning, the level of
service standard. a. they relate to Concurrency should not be
significantly affected. Therefore, Concurrency findings do not
need to be made.
-
I Consistency: I Compliance with the performance standards set
forth in Section 3.3.2 (Standards for Rezoning
Actions) along with required findings in Section 2.4. S (D) (S)
(Rezoning Findings) shall be the basis upon which a finding of
overall consistency i8 to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in
the making of a finâing of overall consistency.
P & Z Board Stal Report
Rezoning from CF to GC for CRA Property -
Kwik Stop & Discount Auto Parts
Page 3
COMPREHENSIVE PLAN POLICIES
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and no applicable objectives'or
policies were found.
Section 3.3.2 (Standards for Rezoninq Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
(C) Additional strip commercial zoning on vacant properties
shall be avoided. This policy shall not preclude rezonings
on land that at the time of rezoning ha. improvements on
it. Where existing strip commercial areas or zoning exists
along an arterial street, consideration should be given to
increasing the depth of the commercial zoning in order to
provide for better project design.
If the rezoning is approved, the zoning of the properties
will have reverted back to GC which existed prior to
October, 1990, and is more appropriate given the existing
commercial use of the properties. It is noted that the
Discount Auto Parts site is designed in a manner that
adequate parking facilities and traffic circulation have
been accommodated. With respect to the Kwik Stop site,
improvements can be made to the east portion of the
property and to the alley immediately south of the
building, to provide additional parking and improved
traffic circulation. If the GC zoning is retained after
December, 2002, and if the possibility exists for
aggregation of land to deepen the commercial development,
that potential should be explored.
(D) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land uses
both existing and proposed, or that if an incompatibility
may occur, that sufficient regulation. exi.t to properly
mitigate adverse impact. from the new u.e.
Properties north, south and west of the site are zoned CF
(C~nity Facilities) and east is zoned OSSHAD (Old School
Square Historic Arts District). The land uses adjacent to
the property include the following: north is the Delray
Beach Tennis Center; south are multiple family dwellings
and a single family home; west is the South Palm Beach
County Courthouse; and east is a vacant commercial property
which was previously occupied by a take-out restaurant
(Burger Chin).
Compatibility with the residences should not be a concern
as the uses have co-existed since the 1960's. Rezoning of
these existing commercial properties to GC will not have an
impact on the ~esidential neighborhood.
I
P , Z Board Sta1 Report
Rezoning from CF to GC for CRA Property -
Kwik Stop & Discount Auto Parts
Page 4
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstance. which
make the current zoning inappropriate,
c. That the requested zoning i. of similar inten.ity as
allowed under the Future Land U.e Map and that it is
more appropriate for the property ba.ed upon
circumstances particular to the site and/or
neighborhood.
The applicant has submitted a justification statement which
states the following:
"The property requested to be rezoned is part of a 1986
tri-partite agreement between the city, the County and the
CRA for future courthouse expansion. The 1986 agreement
called for the CRA to give the property to the County in
1996. Subsequent to the signing of this agreement, the
City rezoned the property from GC-General Commercial to CF-
Community Facilities in anticipation of the future change
of use. In light of the agreement, the City's rezoning of
the property to CF seemed appropriate at the time.
The situation changed substantially in 1993 when the
tri-partite agreement was amended. The new agreement
allows the CRA to retain the Atlantic Avenue frontage in
the block (the property in question) if the County does not
request the property by December 31, 2002 for the purpose
of expanding the Courthouse Complex by adding structures to
the subject property. Our indications at this time are
tha& this probably will not happen.
In any event, the new agreement states that the County will
not request the property prior to December 31, 2000. This
will give the CRA to December 31, 2001 to relinquish the
property. The effect of the new agreement is that the CF
zoning make this commercially developed property
nonconforming ,for 6 years until at least December 31, 2001.
Therefore, it is the CRAws contention that the CF zoning 1s
at a minimum premature and may ultimately not be needed.
Since the CF zoning limits the CRAws ability to lease the
space and improve the buildings on the property, the CRA
requests that the property be rezoned back to GC. This 1s
a more appropriate zoning at this time. If the County does
ultimately request the property, we will rezone ~t to CF at
that time."
·
P & Z Board Sta~ Report
Rezoning from CF to GC for CRA Property -
Kwik stop & Discount Auto Parts
Page 5
Comment: The justification statement addresses Item B as the
basis for which the rezoning should be granted. There has been
a change in circumstances that make the current Community
Facilities (CF) zoning inappropriate, in that the amended
interlocal agreement (1993) states that the County has until
December 31, 2002 to request the property from the CRA,
otherwise the CRA has the ability to sell the property. Under
the current CF zoning, the property cannot be leased to other
commercial uses and the ability to improve the structures is
limited. Thus, the buildings may remain vacant until 2002, with
no guarantee that the County will utilize the property. Based
upon these circumstances, it appears to be appropriate to rezone
the property to GC in the interim.
REV I E W B Y o THE R S :
The rezoning is not in a geographic area requiring review by the
DDA (Downtown Development Authority) or the HPB (Historic
Preservation Board).
Community Redevelopment Aqency
The subject property is located within the geographic area
requiring review by the CRA. However, as the CRA Board
initiated the rezoning, a recommendation is not necessary.
Special Courtesy Notice:
Courtesy notices were provided to the West Atlantic Property
Owner's Association, Delray Merchant Association and the Visions
West Atlantic Steering Committee.
Public Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. Letters of objection, if
any, will be presented at the Planning and Zoning Board meeting.
ASS I S SKI N T AND CON C L U S ION :
The rezcmlng will enable positive findings to be made with
Chapter 3 of the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2.4.5(D)(5) (Rezoning Findings),
that there has been a change in circumstances which make the GC
zoning more appropriate in that the County has until December
31, 2092 to request the property. Under the current CF zoning,
the ability to lease the property to commercial uses and to make
improvements to the structures is limited as the uses are
nonconforming. Rezoning the property to GC would allow the
flexibility to lease the building to other commercial tenants
and improvement of the structures in the interim.
A L T I R N A T I V I ACT ION S I
A. Continue with direction.
"
.
P & Z Board Sta1 Report
Rezoning from CF to GC for CRA Property -
Kwik stop & Discount Auto Parts
Page 6
B. Recommend approval of the rezoning request from CF to GC
for the CRA property (Kwik Stop & Discount Auto Parts)
based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan, and
Section 2.4.5(D)(5).
C. Recommend denial of the rezoning request from CF to GC
for the CRA property (Kwik Stop & Discount Auto Parts)
based upon a failure to make a positive finding with
to Section 2.4.5(D)(5), the rezoning fails to fulfill at
least one of the reasons listed.
S T A F F R E COM MEN D A T ION :
Recommend approval of the rezoning request from CF to GC for
the CRA property (Kwik stop & Discount Auto Parts) based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and Section 2.4.5(D)(5), that there has been
a change in circumstances that make the existing CF zoning
inapproriate.
Attachments:
* Location/Zoning Map
* Survey
YIXWJ:XSTOP.COC
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
.
SUBJECT: AGENDA ITEM i I~.~.- MEETING OF NOVEMBER 1. 1994
FIRST READING FOR ORDINANCE NO. 89-94
DATE: OCTOBER 28, 1994
This is first reading for Ordinance No. 89-94 which annexes'Lot 19
of Delray Beach Estates (Moenert property located at 2706 North .
Federal Highway) and establishes initial zoning of GC (General
Commercial) District. It also provides for a small scale land use
plan amendment to change from the County's designation of C/5
(Commercial with a residential equivalent of 5 units per acre) to
an official City designation of General Commercial.
This annexation is by voluntary petition of the property owners.
Please refer to the staff report for further analysis.
The Planning and Zoning Board formally reviewed this item on
October 17, 1994, and voted unanimously to recommend that the
annexation, land use map amendment, and initial zoning be
approved.
Recommend approval of Ordinance No. 89-94 on first reading. If
passed, a public hearing and second reading will be held on
November 15, 1994.
p~ 5-0
ref:agmemo9
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(1'-- 1
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~ID ~ HA~TY MANAGER
~~
THRU: lANE DOMINGUEZ, DI
~RTMENT OF PLANN ZONING
w~
FROM: PAUL DORLING, P I CIPAL PLANNER
SUBJECT: MEETING OF NOVEMBER 1, 1994
ANNEXATION, SMALL SCALE LAND USE PLAN AMENDMENT FROM
COUNTY C\S TO CITY GC AND AN INITIAL ZONING
DESIGNATION OF GENERAL COMMERCIAL FOR LOT 19 OF DELRAY
BEACH ESTATES ON NORTH FEDERAL HIGHWAY.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance for a voluntary
annexation (pursuant to Florida Statue 171.044), Small
Scale Future Land Use Map amendment from County CIS
(Commercial\Residential equivalent S units per acre) to
City GC (General Commercial), and the application of a
zoning designation of GC (General Commercial).
The subject property is located on the west side of Federal
Highway approximately 383 feet south of Gulfstream
Boulevard.
B A C K G R 0 U N D:
This requested annexation is consistent with Policy B-3.4, of
the City's Future Land Use Element which calls for the
annexation of eligible properties. The property is shown within
the "designated annexation area tl", south of Gulfstream
Boulevard in the North Federal Highway corridor.
In 1993, the majority of the enclaves (10) in this area were
involuntarily annexed under ELMS III legislation which allowed
municipalities to annex enclaves under 10 acres in size through
interlocal agreement with the County having jurisdiction. The
subject property was originally considered for annexation under
this legislation yet was found to be ineligible as it did not
meet the definition of enclave. After the consummation of the
annexations under ELMS III legislation the owner of the property
contacted the City to seek voluntary annexation. The voluntary
annexation request 'is accompanied by a Future Land Use Map
amendment and initial zoning.
'.
PRO J E C T DES C RIP T ION:
The subject property is Lot 19 of the Delray Beach Estates Plat.
The property contains two buildings, a 'vacant commercial
structure located adjacent to Federal Highway and a residenti,al
structure located internal to the property. The 100' wide lot
extends from Federal Highway west to Dixie Highway.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
public hearing on October 17, 1994. At the public hearing no
members of the public spoke. The Planning and Zoning Board
unanimously recommended approval of the annexation, FLUM
amendment and initial zoning request on a 7-0 vote.
R E COM MEN D E D ACT ION:
By motion, approve on first reading the annexation, small scale
Future Land Use Map amendment from County CIS to City GC and
initial zoning of GC (General Commercial) for Lot 19 of Delray
Beach Estates based upon positive findings with respect to
Section 3.1.1, Section 3.3.2, Section 2.4.5 (D)(l) and policies
of the Comprehensive Plan and the following:
* That the property is contiguous, reasonably compact and
does not create an enclave.
* That services will be provided to the property in a manner
similar to other similar properties within the City.
Attachment:
* LQcation Map
* Ordinance by others
-.-.
.
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ORDINANCE NO. 89-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, LOT 19 OF DELRAY BEACH ESTATES LOCATED AT 2706
NORTH FEDERAL HIGHWAY, WHICH LAND IS CONTIGUOUS TO
I EXISTING MUNICIPAL LIMITS OF SAID CITY; 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 FOR
SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN
THE CITY OF DELRAY BEACH COMPREHENSIVE PLAN; ELECTING
TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING
FOR THE ZONING THEREOF '1'0 GC (GENERAL COMMERCIAL)
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, George R. Moenert and Patricia F. Moenert, his
wife, are the fee-simple owners of Lot 19, Delray Beach Estates; and
WHEREAS, George R. Moenert and Patricia F. Moenert, his
wife, have requested by their 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
WHBREAS, the subject property hereinafter described is
presently UDder the jurisdiction of Palm Beach County, Florida, having
a County Puture Land Use Map designation of CIS (Commercial with a
residential equivalent of 5 units per acre); and
WHEREAS, the Advisory Future Land Use Map (FLUM) designation
for the liubject property in the City of Delray Beach, Florida, 11
General Commercial; and
WHEREAS, the City's Future Land Use Map designation ot GC
(General Commercial) is consistent with the County FLUM designation ot
CIS (Co..ercial with a residential equivalent of 5 units per acre) tor
the property hereinafter described; and
.
.
I
I 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 provisions of Land Development Regulations
Chapter Two have been followed in establishing the proposed zoning
designation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida., hereby annexes to said City the
following described land located in Palm Beach County, Florida, which
lies contiguous to said City to-wit:
Lot 19, DELRAY BEACH ESTATES, according to the Plat
thereof recorded in Plat Book 21 at Page 13 of the
Public Records of Palm Beach County, Florida. ,~
The subject property is located on the west side of
North Federal Highway, at 2706 North Federal Highway,
Delray Beach¡ containing a 1.09 acre parcel of land,
more or less.
Section 2. 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.
I Section 3. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
I immunities, debts, obligations, liabilities, ordinances and laws to
which land. in the City of Delray Beach are now or may be subjected,
including the Stormwater Management Assessment levied by the City
pursuant tG 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 4. 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 condition..
.- - 2 - Ord. No. 89-94
"-
Section 5. That the Future Land Use Map designation of the
subject property is hereby officially affixed as General Commercial.
I Section 6. That the City of Delray Beach elects to make
I this small scale amendment by having only an adoption hearing,
, pursuant to Florida Statutes Section 163.3187(1)(c)4.
,
I Section 7. That Chapter Two of the Land Development
I Regulations has been followed in the establishment of a zoning
I classification in this ordinance and the tract of land hereinabove
described is hereby declared to be in Zoning District GC (General
Commercial) as def ined by existing ordinances of the City of Delray
I Beach.
ordinances
Section 8. That all or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 9. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
I whole or part thereof other than the part declared to be invalid.
I Section 10. That this ordinance shall become effective
I as
I follows: As to the annexation and zoning, immediately upon passage on
second and final reading; as to the small scale land use plan
amendment, the date a final order is issued by the Department of
¡ , Community Affairs or Administration Commission finding the amendment
in compliance in accordance with Section 163.3184, Florida Statutes,
¡ whichever occurs earlier. No development orders, development permits,
or land uses dependent on this amendment may be issued or commence
before it has become effective. If a final order of noncompliance is
issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a resolution affirming
its effective status, a copy of which resolution shall be sent to the
Department of Community Affairs, Bureau of Local Planning, 2740
Centerview Drive, Tallahassee, Florida 32399-2100.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
--
MAYOR
ATTEST:
City Clerk
First Reading
,
Second Reading
- 3 - Ord. No. 89-94
"
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~~=:'... '. MOENERT ANNEXATION
-- DlCfT'Al. 8ASC IIA' $TS7DI --
I
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 8J1
/~~ - MEETING OF NOVEMBER 1. .
SUBJECT: AGENDA ITEM # 1994
FIRST READING FOR ORDINANCE NO. 90-94/ADOPTION OF
COMPREHENSIVE PLAN AMENDMENT 94-1
DATE: OCTOBER 28, 1994
This is first reading for Ordinance No. 90-94 which adopts
Comprehensive Plan Amendment 94-1 as modified in response to the
Objections, Recommendations and Comments (ORC) report from the
Department of Community Affairs. Please refer to staff
documentation for an overview of the Response to ORC Report.
The Planning and Zoning Board reviewed this item on October 17,
1994, and voted unanimously to recommend that Comprehensive Plan
Amendment 94-1 be adopted, subject to the following:
( 1 ) Modify the objectives and policies as detailed in the Response
to ORC Report.
(2 ) Modify the Five Year Schedule of Improvements to reflect the
adopted CIP.
Recommend approval of Ordinance No. 90-94 on first reading. If
passed, a public hearing will be scheduled for November 15, 1994.
p~ 5-0
ref:agmemo11
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,
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ffM
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
~~
THRU: DIANE DOMINGUEZ, ~OR OF PLANNING AND ZONING
FROM: JOHN WALKER, PROJECT COORDINATO~ ¿¿J~
SUBJECT: MEETING OF NOVEMBER 1, 1994
ADOPTION OF PLAN AMENDMENT 94-1, FIRST READING
ACTION REQUESTED OF THE COMMISSION:
The action r~quested of the Commission is that of approval
on first reading of an ordinance adopting Plan Amendment
94-1.
B A C K G R 0 U N D:
Plan Amendment 94-1 proposes changes to eight Comprehensive Plan
elements and the Five Year Schedule of Improvements. Attached
is the Planning and Zoning Board staff report of October 17th,
which provides further information about the Amendment.
The City Commission transmitted the proposed Amendment to the
Department of Community Affairs ( DCA) , for mandatory review, by
action on May 17, 1994. The review process has been completed
and a report of Objections, Recommendations, and Comments (ORC)
has been returned to the City. The ORC contains 13 objections,
dealing with clarity of the proposed changes, lack of sufficient
supporting data, and consistency with State and Regional goals
and policies. The objections and recommended responses are
addressed in the accompanying Planning and Zoning Board staff
report (October 17th).
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of October 17, 1994. By unanimous vote, the Board
recommended the following:
That Plan Amendment 94-1 be modified as described below and
adopted by the City Commission:
1. Modify the objectives and policies as detailed in the
Response to ORC Report.
..
.
City Commission Documentation
Adoption of Plan Amendment 94-1, First Reading
Page 2
2. Modify the Five Year Schedule of Improvements to reflect
the adopted CIP.
R E COM MEN D E D ACT ION:
By motion, approve the adoption ordinance on first reading, with
appropriate public hearing scheduled for November 15, 1994.
Attachments:
* Draft adoption ordinance
* P&Z staff report and documentation of October 17, 1994
T:\advanced\ORC4
.
·
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: OCTOBER 17, 1994
AGENDA ITEM: VI.A. RESPONSE TO ORC, AMENDMENT 94-1
I T E M B E FOR E THE BOA R D:
The item before the Board is that of review of the proposed,
response to the Objections, Recommendations, and Comments ..
(OR C) report. Associated with this review are proposed
modifications to Plan Amendment 94-1. The action to be
taken is in the form of a recommendation to the City
Commission.
B A C K G R 0 U N D:
Proposed Plan Amendment 94-1 was heard by the Planning and
Zoning Board on April 18, 1994. It was transmitted to Florida
Department of Community Affairs (DCA) by action of the City
Commission on May 17, 1994. The DCA ORC Report was received on
September 12, 1994.
The Plan Amendment proposed changes to eight Comprehensive Plan
elements, 29 policies, one objective, the Five Year Schedule of
Improvements, and related background data. Refer to the Table
of Contents within the Amendment (attached) for an outline of
the items which were considered.
The Board is to review the Response to ORC Report and the
related modifications to Plan Amendment 94-1- The City
Commission will then consider the Board's recommendation when it
acts on the adoption ordinance. The ordinance will be before
the City Commission for first reading on November 1st; and,
second reading (adoption) on November 15th.
In addition to the above, it is appropriate to modify the Five
Year Schedule of Capital Improvements to reflect the adopted
Capital Improvement Plan (CIP).
A N A L Y S I S:
The O~C Report contains 13 objections. The objections deal with
the clarity of the intended changes, lack of sufficient
supporting data, and with consistency with Treasure Coast
Regional Planning Council (TCRPC) and State goals and policies.
The attached Response to ORC is an analysis and recommended
disposition for each of the objections.
VI.A.
'.
P & Z Board Memorandum Staff Report
Response to ORC 94-1
Page 2
R E COM MEN D E D ACT ION:
By motion, accept the Response to ORC Report and recommend to
the city Commission that Plan Amendment 94-1 be modified as
described below and then adopted.
1. Modify the objectives and policies as detailed in the
attached Response to ORC Report.
2. Modify the Five Year Schedule of Improvements to reflect
the adopted CIP.
Attachments:
* Plan Amendment 94-1 Transmittal
* Response to ORC Report Objections
* ORC Report
* Revised Five Year Schedule of Improvements
Report prepared by John walk~
Reviewed by Diane Dominguez 0 q
T:\advanced\ORC3
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TABLE 1V-3 FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECT> $100,000
PROJECT & FUND I FY 1994-95 I FY 1995-96 I FY 1996-97 I FY 1997-98 I FY 1998-99 r
WA TERlSEWER - NEW CAPfJ'AL 0CI1LA Y 200 000
WATER MAIN/LINE EXTENSIONS 0 75 000 0 200,000
SEWER MAlNILINE EXTENSIONS 0 75 000 0 200 000 ' 200.000
OTHER IMPROVEMENTS 100 000 100.000 100 000 200 000 200 000
OTHER MACHINERY & EQUIPMENT 1 CO 000 1 CO,OOO 1 CO,OOO 150 000 150.000
FIRE STATION NO,3 WATER & SEWER 65 000 0 0 0 0
SLUDGE HANDLING SYSTEM IMPROVEMENTS 125 000 0 0 0 0
BOYNTON BEACH INTERCONNECT
& PUMPSTATION 1 CO 000 0 400.000 0 0
VAC-CON TRUCK (NEW) 0 0 150 000 0 0
BRANDON DRIVE ( ATER & SEWER) 0 210.000 0 0 . 0
SILVER TERRACE ATER & SEWER) 0 200 000 0 0 0
GREENBRIAR DR. vATER & SEWER) 135 000 0 0 0 0
TOTALS I $625,000 r $760,000 $750 000 I $750,000 $750,000
WATER/SEWER RENEWAL & REPLA EMf
WATER DISTRIBUTION
IMPROVEMENT PROGRAM 200 000 200.000 200 000 200 000 200.000
LIFT STATION CONVERSION TO SUBMERSIBLE 60 000 140 000 140 000 140 000 140.000
MANHOLE REHABILITATION PROGRAM 550 000 550 000 550 000 550.000 550 000
EAST AREA RD. RECONSTRUCTION
WATER/SEWER UPGRADES 220 eoo 0 0 0 0
WATER PlANT MEDIA REPLACEMENT 250 000 0 0 0 0
BULK ACID STRIPPING TOWER
MEDIA REPLACEMENT 0 200 000 0 0 0
INTRACOASTAL CROSSING REPLACEMENTS 200 000 200 000 200 000 50 000 0
EAST DRIVE (LOWERY TO ATlANTIC) 115000 0 0 0 0
TOTALS I $1 595 eoo I $1 290,000 $1 090 000 I $9040,000 I $890,000
GENERAL CONSTRUCTION FUND
STREET RESURFACINGlRECONSTRUCTION 75000 100000 250 000 300.000 350.000
GENERAL TRAFFIC/ALLEY WAY IMPROVMENTS .;' \ 20 000 31 000 50 000 50 000 50,000
N,E, 4TH STREET (SWINTON TO N.E, 2tØ$f':'f £.KJv ) 120 000 0 0 0 0
SCHOOL SITE ·S· ROAD IMPROVEMENtS ----- 150 000 0 0 0 0
EAST LAKE IDA BEAUTIFICATION 124 000 0 0 0 0
BEAUTIFICATION-CITY ATTORNEY PROPERTY 0 0 51 000 0 0
POMPEY PARK POOL 170 000 0 0 0 0
BUILDING RENEWAL & REPlACEMENT 75000 60 000 T7 000 100 000 1 CO, 000
EQUIPMENT RENEWAL & REPLACEMENT 75 000 60,000 T7 000 100 000 1 CO, 000
CITY HAlUPLOICE HURRICANE SHUTTERS 0 0 250 000 0 0
SILVER TERRACE PAVlNGlDRAlNAGE 0 300 000 0 0 0
CITY SEAWALL CONSTRUCTION PROGRAM 204 000 204 000 0 0 0
SANDOWAY LIFEGUARD BUILDING 225 000 0 0 0 0
BEAUTIFICATION (ATI.uI~TOA1A) 900 000 0 0 0 0
TOTALS I $2138 000 I $756 000 I $755 000 I $560.000 I $600,000
--
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TABLE IV-3 FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECT> $100,000
I PROJECT & FUND I FY 1994-95 I FY 1995-96 I FY 1996-97 I FY 1997-98 I FY 1998-99 I
MUNICIPAL GOLF COURSE
IRRIGATION IMPROVEMENTS 01 100 000 I o r 01 0
BRIDGE REPLACEMENT 01 01 01 01 100 000
PROJECTS LESS THAN $100 000 1150001 65000 I 1150001 115000 I 95 000
TOTALS I $115000 I $165 000 I $115.000 I $1150001 $195 000
DECADE OF EXCELLENCE"
FIRE ADMINISTRATION 375800 0 0 0 0
NEIGHBORHOOD IMPROVEMENTS 275 100 0 0 0 0
NW, DRAINAGE (PHASE II) 175 000 0 0 0 0
STREET RECONSTRUCTION (PHASE 11\ 617 900 0 0 0 0
S,W. 10TH STREET 1 317 800 0 0 0 Q;
BEAUTIFICATION -
W, ATLANTIC -> 1-95 TO MILITARY 186100 0 0 0 0
BEAUTIFICATION - ATLANTIC E. TO OCEAN 800 000 0 0 0 0
TOTALS I S3 747 700 I SOl SOl SOl SO
BEACH RESTORAnON I
SEA TURTLE CONSERVATION PROGRAM I 12000 I 12000T 14.oooT 14000 I 14000
SERVEYS DUNE MANAGEMENT OTHER I 135 000 I 75000 T 75 000 I 75 000 I 75 000
TOTAL I $147000 I $87 000 I $89,000 I $89 000 I $89 000
I CEMETMY ~ ;: ;: ;: ;: ;1
CEMETARY EXPAN~ION
TOTALS
CITY GARAGE I
VEHICLE REPLACEMENT PROGRAM I 550 000 I 550 000 I 550 000 I 550.000 I 550 000
TOTALS r S550 000 I S550 000 I S550.ooo I S550 000 I S550 000
1eN W&S REVENUE BOND
S.W. STORAGE TANK LAND 77 100 0 0 0 0
N,E. STORAGE TANKS (ATLANTIC H.S.) 1 367 5CIO 0 0 0 0
WATER MAIN - BARWICK ROAD 123 456 0 0 0 0
WATER MAIN - LAKE IDA ROAD 192 700 0 0 0 0
WATER MAIN - ANDREWS AVENUE 409 700 0 0 0 0
WATER MAIN - N.E. 3RD AVENUE . 84 200 0 0 0 0
WATER MAIN - N. BARWICK ROAD 88100 0 0 0 0
WATER MAIN - RIDGEWOOD ROAD 208 300 0 0 0 0
MORIKAMI WELLS (8). PIPING 2114100 0 0 0 0
N. RESERVOIR HIGH SERVICE PUMP 282 600 0 0 0 0
TOTALS I 54 925 75e I SOl SOl SOl SO
406 000 0 0 0 0
225000 0 0 0 0
28 000 5CIO 000 500,000 5CIO 000 500 000
250 000 0 0 0 0
TOTALS S909 000 S500 000 S5OO.ooo S500 000 S500 000
STORMWATER UTlLITY FEE
ATLANTIC AVENUE PUMP STATION 163 000 0 0 0 0
BEACH DRIVE PUMP STATION 113000 0 0 0 0
HARBOR DRIVE PUMP.STATION 0 101 000 0 0 0
SEASAGE DRIVE PUMP STATION 0 184 000 0 0 0
S.W. 10TH ST. (DIXIE & SWINTON) 0 100 000 0 0 0
LINDELL BLVD. (FED. HWY. TO DIXIE HWY.\ 0 0 231 000 0 0
G. BUSH BLVD. (FED. HWY, TO INTRACOASTAL) 0 0 180 400 0 0
SW 10TH ST MAIN TRUNK (CONGRESS TO FED HWf) 615 000 0 500 000 1 000 000 900 000
TOTALS : I 5341000 r S36I5 000 I $911.400 I $1 000 000 I $900 000
·
PLAN AMENDMENT 94-1
RESPONSE TO OBJECTIONS
OF THE ORC REPORT
GENERAL:
Plan Amendment 94-1 was heard by the Planning and Zoning Board
on April 18, 1994. It was transmitted to DCA, by action of the
City Commission, on May 17, 1994. The DCA Objections "
Recommendations, and Comments (ORC) Report was received on
September 12, 1994.
Plan Amendment 94-1 proposed changes to eight Comprehensive Plan
Elements, 29 Policies, one Objective, the Five Year Schedule of
Improvements, and related background data. It contained no
amendments to the Future Land Use Map. The ORC Report contains
13 objections. The objections deal with the clarity of the
intended changes, lack of sufficient supporting data, and with
consistency with TCRPC and State goals and policies.
ORC OBJECTION '1:
The City's proposed amendment to Conservation Element,
Policy A-I. 4 does not contain specific implementation
activities, and the specific meaning of terms such as
"sensitive site planning" is unclear.
RESPONSE:
The phrasing of this policy follows the needs of the
Florida Communities Trust funding application, which is
currently in process to provide funding for the purchase
and preservation of the Delray Oaks Preserve. In order to
clarify the meaning of the policy on a City-wide basis and
identify implementation activities, the policy may be
reworded as follows:
Policy A-1.4 The City shall encourage the preservation of
existing groundwater recharge areas through sensitive site
planning, includinq maximizinq open space, pretreatment of
stormwater runoff, etc. In the case of environmentally
sensitive lands, such preservation may include ~ëft~I.t.l.ië
ç1evelopment under "planned development" concepts, exaction
(public sites dedication provisions of the Land Development
Regulations), or acquisition (including the County
Environmentally Sensitive Lands Acquisition Program).
.-
'.
Plan Amendment 94-1
Response to Objections of the ORC Report
Page 2
ORC OBJECTION '2:
The City's proposed amendment to Conservation Element,
Policy B-2.6 does not set measurable standards for
protection of habitat.
RESPONSE:
The five policies under Objective B-2 provide measurable
standards for the protection of habitat. The proposed,
amendment should be made to Objective B-2 instead of addinq
a new policy. The amended Objective is as follows:
Objective B-2:
To increase public awareness and provide for the protection
of flora, fauna, and wildlife through programs of education
and regulation. Regulatory measures shall ensure the
protection, preservation, conservation and appropriate use
and protection of fisheries, wildlife and marine habitats
which serve as habitat for endangered and threatened plant
and animal species.
ORC OBJECTION '3:
The City's proposed amendment to Conservation Element,
Policy B-3.2 does not address the specific actions the City
will take to protect the shoreline.
RESPONSE:
The amendment expresses support of the County's program to
restore and protect the shoreline of Lake Ida. Supporting
data transmitted to DCA did not clearly state that Lake Ida
and Lake Ida Park are under the jurisdiction of the County,
therefore, the City has no direct involvement in shoreline
protection. With the addition of this clarifying
information, no change is required to the proposed
amendment.
ORC OBJECTION .41
The City's proposed amendment to Public Facilities Element
"Policy A-1.2 does not justify the change in position
relative to the use of the ocean outfall. Some of the
terms used, such as "normal" are unclear.
RESPONSE:
Through this amendment, the City sought to recognize that,
even with the implementation of effluent reuse, the ocean
outfall would continue to function to dispose of excess
I
Plan Amendment 94-1
Response to Objections of the ORC Report
Page 3
wastewater effluent, particularly during the rainy season.
To clarify the intent, a modification in the amendment is
recommended as follows:
Policy A-I. 2 Even though current standards for ocean
discharge are being met, the use of ocean discharge may,
not, in the long term, be an acceptable method of disposal
for all, or even the majority, of effluent. A program to
fully implement the reclamation and reuse of sewage
effluent may be developed by the City, through the
Wastewater Treatment Facility Board in the future. This
proqram would continue the use of ocean discharqe, on a
limited basis, to dispose of excess effluent, especially
durinq the rainy season.
ORC OBJECTION *5:
The City has not provided adequate data and analysis to
support the City's change in position toward new wells.
RESPONSE:
Adoption of the amendment at this time is premature,
leaving internal inconsistencies within the Plan. A
complete review of the program for raw water supply is
proposed in Plan Amendment 95-1 through an analysis of the
Water Supply Master Plan. Therefore, the proposed
amendment to this policy should not be adopted at this
time.
ORC OBJECTION *6:
The City's proposed amendment to Open Space and Recreation
Element, Policy B-2.5 does not identify specific
implementation activities to ensure public access to
publicly owned natural areas.
RESPONSE:
The phrasing of this policy follows the needs of the
Florida Communities Trust funding application, which is
currently in process to provide funding for the purchase and
preservation of the Delray Oaks Preserve. In order to clarify
the meaning of the policy and identify implementation
activities, the policy may be reworded as follows:
Policy B-2.5 The City shall ensure that public access is
provided to publicly owned natural areas that provide
passive resource based facilities (Le. trails, wildlife
observation areas, etc. ) , for the public use and enjoyment
of the site. ' For the Delray Oaks site, access to be
provided by the County will include public parkinq.
.,
Plan Amendment 94-1
Response to Objections of the ORC Report
Page 4
ORC OBJECTION '7:
The City's proposed amendment to Open Space and Recreation
Element, Policy B-2.6 does not identify specific
implementation activities to ensure provision of passive
resource based facilities on publicly owned natural areas.
RESPONSE:
The phrasing of this policy follows the needs of the
Florida Communities Trust funding application, which is
currently in process to provide funding for the purchase
and preservation of the Delray Oaks Preserve. In order to
clarify the meaning of the policy and identify
implementation activities, the policy may be reworded as
follows:
Policy B-2. 6 The City shall ensure that passive resource
based facilities (i.e. trails, wildlife observation areas,
etc.) will be provided for the public use and enjoyment of
publicly owned natural areas. For the Delray Oaks site,
facilities to be provided by the County will include a
trail and informational display.
ORC OBJECTION '8:
The City's proposed amendment to Housing Element, Figure
H-1 does not indicate that land use designations outside
the City are advisory.
RESPONSE:
A footnote will be added to the figure stating that
designations outside the city arè advisory.
ORC OBJECTION '9:
The City's proposed amendment to Housing Element, Table H-2
does not indicate that land use designations outside the
City are advisory.
RESPONSE:
.' A footnote will be added to the table stating that
designations outside the city are advisory.
ORC OBJECTION '10:
The City's proposed amendment to population data in the
Coastal Management Element does not analyze the effect on
hurricane evacuation.
·
Plan Amendment 94-1
Response to Objections of the ORC Report
Page 5
RESPONSE:
Hurricane preparedness and evacuation planning throughout
the County is provided under the auspices of the Palm Beach
County Division of Emergency Management in close coopera-
tion with municipalities. Evacuation capabilities have
been assessed using 1993 population estimates. That agency
has determined that evacuation times and capabilities in
Delray Beach are adequate. Therefore, no change to the
proposed amendment is required. This explanation will also,
satisfy the objections regarding consistency with the State-
and Regional goals and policies.
ORC OBJECTION '11:
The City's proposed amendment to Coastal Management
Element, Policy A-4.3 does not support the removal of the
Beaches and Shores Council from the policy.
RESPONSE:
The DCA's reading of this policy is correct since there is
a mention of ocean access. The amendment should not be
adopted.
ORC OBJECTION '12:
The City's proposed amendment to Land Use Element, Figure
L-1 does not indicate that land use designations outside
the City are advisory.
RESPONSE:
A footnote will be added to the figure stating that
designations outside the city are advisory.
ORC OBJECTION '13:
The City's proposed amendment to Land Use Element, Table
L-4 does not indicate that land use designations outside
the City are advisory.
"
RESPONSE:
A 'footnote will be added to the table stating that
designations outside the city are advisory.
T:\advanced\ORC2 .-
,
·
DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
FOR THE
CITY OF DELRA Y BEACH
Amendment 941A
;
,
..
September 9 1994
DIvision of Resource Planninl and Management
Bureau of Local Planninl
,
Thi81'eJ1Oñ Ia pnpand punUUl' '0 Rule ~J-l1,010
"
.
INTRODUCTION
The tollowing objections, recommendations and comments
are based upon the Department's review ot the City ot D.lray
Beach proposed amendment to their comprehensive plan pursuant
to 5.163.3184, F.S.
Objections relate to specitic requirement. ot relevant
portion. of Chapter 9J-5, Florida ~dmini.trativ. Cod., and
Chapter 163, Part II, F.S. Each objection include. a recommend-
ation of one approach that miqht be taken to addre.. the cited
objection. Other approaches'may be more suitable in specific
situations. Some of the.e objections may have initially b.en
rai.ed by one of the other external r.view aqenci... If th.re is
a difference between the Department's objection and the ext.rnal
agency advisory objection or comment, the Department'. objection
would take precedence.
Each of thes. obj.ction. must be addr....d by the local
gov.rnm.nt and corr.ct.d wh.n the am.ndment i. re.ubaitt.d for
our complianc. revi.w. Objection. which are not addr.ss.d may
re.ult in a d.t.rmination that the am.ndm.nt i. not in coapli-
anc.. The Departm.nt may have rais.d an obj.ction r.gardinq
missing data and analysis it.m. which the local gov.rnment
consid.rs not applicable to its amendm.nt. If that 'i. the case,
a statement ju.tifyinq its non-applicability pursuant to Rul. 9J-
5.002(2), r.A.C., mu.~ be .ubmitt.d. Th. Depart.ent will make a
determination on the non-applicability of the r.quirem.nt, and if
the justitication i. sufticient, the obj.ction will be considered
addr.ssed.
Th. comments which follow the objections and recommendations
section are advisory in nature. Comm.nts will not torm bases ot
a determination ot non-complianc.. Th.y are includ.d to call
attention to it.m. rais.d by our review.rs. Th. comments can be
substantiv., conc.rninq planning principle., m.thodology or
¡ logic, as w.ll a. editorial in nature dealing with grammar,
organization, mapping, and reader compreh.nsion.
Appended to the back ot the Department's report are the
comment letters fro. the other stat. revi.w agenci.s and other
agenci.., organizations and individuals. Thes. comm.nts are
advisory to the Departm.nt and may not fora bas.. ot Departmental
obj.ctions unl.s. th.y appear und.r the "Obj.ctions" heading in
this report.
.
.
,
,
.
objections, Recommendations and Comments Report
City of Delray Beach
Amendment 94-1A
A. OBJ.CfIO.S/UCOJØ1I!)II)A'IIO.S
Su_ary of propo..d &aeDda.nt
(COn..rvatioa .l...at a..ada.nt.)
1. Policy &-1.41
Backqrowadl
Thi. aaendment propos.. the addition of Policy A-l.4 to
encouraga tha pre.arvation of qroundwat.r r.charge ar.a. throuqh
.ensitiva .ite planninq.
Obj.ctionl
Thi. policy would be an içrov..ent to the plan, because it
encourages the pre.ervation of water recharge area.. However,
the policy doe. not id.ntify a .pecific iapl..-ntation activity,
and u... teras for which the specific m.aning i. not clear,
includinq ·sansitiv. .it. planning" and "san.itive dav.lop.ent."
(Rule. 9J-5.005(6), 9J-S.006(3) (c), and 9J-ll.006(3), r.A.C.)
aaccma.ndationl
Th. City .hould r.vi.a the policy to id.ntify what .pecific
~mpl...ntation activity will ba u.ed to encouraqa tha
pre.ervation of wat.r r.charge araa., and the City should d.fine
the type of ·..n.itiv. sit. planning· and ·sen.itiv. dev.lopment"
that will be used.
2. Policy &-4.21
: .ackCJrouadl
.
Thi. ..endaant propose. to dalet. Policy A-4.2 which
provida. for tha d.velop.ent of water u.. standards and rates
ba.ed on land u....
objactio_a None
",
"
"
3. pOlicy &-4.7:
Backc¡roUD41
This ...ndment proposes to revise policy A-4.7 into two
policies. Policy A-4.7a restates the city's int.nt to continue
requiring c.rtain ar.as of the city not to us. City water for
irrigation purpo.... Th. remaind.r of policy A-4.7 would be
deleted and replaced by policy A-4.7b which updates the status
and the City's future study plan. for the use of reclaimad water.
It also states that based on study r.sults the City may dev.lop a
prograa to fully impl...nt the reuse ot sewage wast.water
effluent.
Objeo~ioDsl None
4. Policy B-l.41
BaakgJ:01ID41
This ..enãment propos.s to delete POlicy 8-1.4 which stated
that the City would obtain the wetland area along I-95 because
the City has det.rmined that it is a drainage ditch and the
associat.d overbank, and not a -wetland habitat.-
Objea~iolUll None
5. Policy 8-2.'1
Baakc¡roua41
This ..enãment proposes the addition ot Policy 8-2.6 to
protect, to the aaximua ext.nt teasible, the habitat ot
endangered and threatened plants and animals.
Objec~ioDI
The City's protection of endangered speci.s habitat is a
positive action and this policy would be an improv..ent to the
plan. However, the policy does not s.t a specific ..a.urable
; standard, and to the ..xi.om extent feasible doe. not ensure the
protection ot endangered species. (Rule. 9J-5.005(~): 9J-
5.006(3)(c), and 9J-11.006(3), P.A.C.)
.eao_~~ioDI
The City should r.vis. the propos.d policy so that the
,policy provides a specific .easurable standard, such as,
r.quiring that 25 perc.nt of the habitat for .ndang.r.d species
will 0. pr.served.
.', 2
,. policy .-3.21
..c:kqroua41
This ..enãment proposes the revision of policy 8-3.2 to .
delete a co..itment to protect the Lake Ida shoreline. The
revised policy state. that the City supports the County'. proqram
to restore and protect the shoreline, and the continued County
monitoring of boating activity on the lake to assure that it doe.
not adversely impact the shoreline.
Objeotion.
The policy does not address what specitic actions the City
will take to protect the shoreline. (Rules 9J-S.005(6); ~J-
S.006(3)(c); and 9J-ll.006(3), P.A.C.)
..oo_uctation.
The City should revise the policy to identity what specific
actions the City will take to protect the shoreline.
(Public ..oilities .l..ent aaeDdauts)
7. Policy &-1.2.
..okqroua41
This amendment proposes to revise POlicy A-l.2 to state that
even though current ocean discharge standards tor ettluent are
being .et, ·...ocean discharge aay not, in the long term be an
acceptable method tor the normal disposal ot all. or even the
majoritv. at ettluent.· and that a proqr.. tor the reclamation
and reuse ot sewage etfluent will be developed.
Objection.
The City bas not provided adequate data and analysis to
support the change in position tro. ocean discharge not being an
: acceptable long tera .ethod tor ettluent disposal, to such
. disposal not being acceptable tor the "normal" disposal ot
"all, or even the ..jority" ot ettluent; and the specitic meaning
of the tar..a ·noraal" and "all, or even the majority ot" is not
clear. VIDles 9J-S.00S(2) (a); 9J-S.006(1) (b)2; 9J-S.006(2) (b):
9J-S.006(3)(b)4; 9J-S.012(3) (c)13; 9J-S.013(1) (a)l; and 9J-
11.006(3), P.A.C.)
.eco_enctatioDI
.
The City sbould include data and analysis to support the
as.ertioD that ocean discharge of sevage effluent ..y be
acceptable it not used as a normal -.ana ot disposal, and clarify
the specitic _anine¡ ot the teras ·noraal disposal· and "all, or
even the ..jority" as usec:t in the policy.
3
'I
I. Objeot:ive B-21
..okc¡rowacll
The aaendaent propo.e. to revise Objective B-2 to include
the developaent of nev vells and other technol09ie. for providing
water to address salt vater intrusion and drought conditions.
Objeot:ioa.
The City has not provided adequate data and analysis
reflecting a salt water intru.ion probl.. and a .hortage of
public water a. a result of drought and the iapact. on facility
planning to support the reversal in the City's policy toward new
wells: and the City did not include any aapping of potential
future well field .ite.. (Rules 9J-5.005(2) (a), 9J-5.006(1) (b)l:
9J-S.006(2)(a); 9J-5.006(3) (b)4; 9J-11.011(1) (f); 9J-11.006(3),
P.A.C.)
aeooaaeactat:ioa.
The City should provide data and analysis to support the
need for nev vell., and provide a aap of potential future
wellfield site..
t. Policy a-2.11
Baokc¡rowacl.
The ...~nt proposes the revision of Policy 8-2.1 to
update the City's future study plans for the use of reclai.ed
water, and state. that ba.ed on study re.ult. the City aay
develop a proqraa to fully i.pl..ent the reuse of .evage
wastewater effluent.
Objeot:ioasI None
10. Policy a-2.1.
J Baokc¡roua41
.
The ~t propose. the addition of Policy 8-2.5 for the
develo~t of a proqraa and feasibility .tudie. for the
·...co~ion of at least one Aquifer Storage and Recovery
(ASR) vell.·
.Objeot:iou. None
.
CoaaeD~.
If,. based on the re.ulu of the feasibility study, the City
deterain.. that an ASa well will be constructed, funding should
be provided, a source identified, and the illprov~t should be
scheduled in the capiul Iaprov...nt Zl...nt.
'.
4
-
11. Policy .-3.1:
.acJtqrowa41
Th. aaendment proposes the revision ot Policy B-3.1 to
describe the n.w structur. tor wat.r rate. which ·.stabli.h.. an
inverted block rat. structure to set hiaher con.uaation rat.. tor
increased water u.....,· to provide tor continued entorc...nt ot
water u.. law..· and to allow tor "The con.id.ration ot xeri.caa.
land.caain9 alternativ.. tor all new d.v.loa.ents durina r.vi.w
ot .it. and develo~ent ~lan..·
Obj.c~ioul None
co.a.n~1
Th. data and analy.is indicat.. that the City viII have a
conservation surcharq. in ti.e. ot drought. Thi. intoraation
should be added to the proposed policy r.vi.ion.
(Op.n apac. an4 R.cr.a~ion .l...nt Aa.nda.nt.)
12. JÞolicy .-2.51
.acJtqrowa41
Thi. ..endm.nt propo.e. the addition ot Policy 8-2.5 wh.reby
·The Ci~ .hall .n.ure ~ublic acce.s to ~ublicly owned natural
areas that arovid. Da..ive r..ourc. ba.ed taciliti......
Obj.c~ionl
Th. policy doe. not identity a specitic i.pl...ntation
activity tor hov the City will ensure public ace... to publicly
owned natural ar.as with passive resource based tacilitie..
(Rule. 9J-5.005(6), 9J-5.006(3) (c), and 9J-11.006(3), P.A.C.)
"~.n4a~ionl
:
. Th. City .hould r.vis. the proposed policy to indicat. what
specitic activity the city will use to .nsur. public acc.ss to
publicly owned natural areas with passive re.ourc. ba.ed
taciliti_.
13. Jtoll., "'2.'.
.acJtqrowa4.
.
Thi. ...nðment propo... the addition ot Policy 8-2.6 which
.tat.. .~. city .hall .n.ur. that Da..iy. r..ourc. ba.ed
taciliti.. (i... trail.. wildlit. ob..rvation ar... .tc.) will b.
arovided for the aublic u.. and .n1ova.nt of aubliclY owned
natural ar.....
.. 5
,
Objec~ioDI
The policy does not identify a specific implementation
activity tor how the city will ensure the provision of passive
resource baaed facilities for publicly owned natural areas.
(Rule. 9J-S.005(6), 9J-S.006(3)(C)' and 9J-11.006(3), P.A.C.)
bcoaaen4atioDI
The city should revise the proposed. policy to indicate what'
.pecitic activity the City will use to ensure the provision ot
pas.ive resource based tacilities for publicly owned natural
areas, and provision should be aade in the capital Iaprov..ant
Element for the acquisition of such facilities.
(Bousiq .1_t a.eDdaats)
1... I'igure B-ll
.aokc¡roUD41
This amendment proposes the revision of Map Pigure 8-1
(attachaent, p. 13) which currently retlects "Major Re.idential
Parcels" with a revised Map Fiqure 8-1 (attachment, p. 14) which
reflects "Potential Residential Units"
ObjectioDI
These ..ps shovland use designations for areas that are
outside the City li.it. and the City doe. not indicate that
designations for areas outside the City are for advisory purposes
only. (Rule. 9J-S.006(2) (a), 9J-11.006(3), P.A.C. and Section
163.3171 F.S.)
bco_eDCatioDI
The City should indicate on the map that the land use
desiqnation. tor areas outside the City are for advisory purposes
; only.
,
15. "ûl.. B-1'" B-21
.ackc¡roaatIl
Thi. ..-n~nt propo.es the deletion of Table 8-1
, (attac~t p. 15) which retlect. "onqoing Develop.ents." and
Table B-2 (attacn.ent p. 16) which currently retlect. "Available
Land" and to replace th_ with revi.ed Table B-2 (attachment p.
17) which retlect. ·Potential Re.idential Units."
.. 6
Ol»jectioDI
Th. r.vised table shows land use d.signations for areas that
are outside the city limits and does not indicat. that
desiqnation. for ar.ea. outside the City are for advisory purposes
only. (Rul.. 9J-S.006(2) (a); 9J-11.006(3), P.A.C. and Section
163.3171 P.S.)
.eco_n4atioDI
Th. City should indicat. on the table that the land us.
designations for ar.as outside the City are for advisory purpos.s
only.
1'. Policy &-1.4 u4 Policy &-2.41
BacJtqro1JD4I
This amendment propos.. to revi.. polici.s A-1.4 and A-2.4
to includ. Open Spac. as a p.raissibl. r.zoninq of ar.as
identified on the Housinq Map as "stable residential."
/'
Ol»j.ctioul Nona
(Coastal KaDaq".Dt .l...Dt a..Dda.Dt.)
17. .a9. III-~-l', BUrricaa. BYacuattoDI
BacJtqroua41
This amendm.nt propo... to r.vi.. the second bull.t under
Hurrican. Evacuation on paqe III-P-19 to r.fl.ct the 1990 Census
population and tract..
Ol»j.ctioDI
There i. no data and analysis of the impact. on evacuation
times as a r.sult of the population incr.... and to demonstrate
J how the plan i. now con.istent with Objective 0-2 to maintain or
. reduce .vacuation tiaes. (9J-5.00S(2)(a); 9J-5.006(2) (a); 9J-
5.012(2)(.)1, and (3)(b)7; and 9J-11.006(1) (b)4., and 5, and (3),
P.A.C.)
aea~t.tl0.1
Th. Cl~y .hould provide data and analy.i. of the impact of
, the popula~ion incr.a.. on hurrican. .vacuation. If the analysis
shows'An incr.a.e, the City .hould identify how th.y will offset
this incr.... ~o be con.i.t.nt with the Rul. 9J-S.012(3) (b)7.,
P.A.C., and the City's plan Objective D-2 to maintain or reduce
evacuation tim...
.
7
"
co_entl
The change would create an internal inconsistency as the
remainder of the plan has not been updated to reflect the 1990
Census. When the City submits their Evaluation and Appraisal
Report amendments, all relevant areas of the plan should be
revised to be consi.tent with the updated 1990 Census figure.
being included in the Coastal Management Element.
11. hliOJ' &-4.31
aaaJtc¡rouad I
Thi. amendment propo.e. to revise Policy A-4.3 to delete the "
Palm Beach County Beache. and Shore. Council a. a participant in
City proqraas related to the protection of various coa.tal
re.ource. identified in the policy, becau.e the Council'.
jurisdiction is limited to areas seaward of the Coa.tal
Construction Control Line.
oJ:Þjeationl
The City has not provided adequate data and analy.i. to
support the removal of the Palm Beach County Beache. and Shores
Council from the participation proc.... Th. pol icy doe. not
appear to limit i..ue. to the Intracoa.tal wat.rway. In
particular, access to the ocean i. .pecifically mentioned, and
the other i..ue. addre..ed do not appear to ):)e limited to the
Intracoastal waterway. (Rules 9J-S.005(2) (a); 9J-S.006(2) (a):
9J-S.006(3) (b)4; 9J-ll.Ol1(1) (f); 9J-11.006(3), P.A.C.)
.eao_eadatioa,
The City should include data and analy.i. to indicate why
the Palm Beach County Beache. and Shore. Council .hould not
participate in the City programs related to the protection of
coastal re.ource. identified in the policy.
(htur. LaDd V.e Bl_t Meada.at.)
; 19. Paq. III-G-2, Iav.atoryl
,
BaaJtqrowa41
Thi. ...ndaent propo.e. to correct an internal inconsistency
by revi.iag Inventory page III-G-2 to include -unincorÐorated
Palm Beach Coun~v. alona the L-38 and C-1S canal. within the
,city'. -re.erve annexation area- In addition, the ..endaent
would r,vi.e the location description of the B-3 Canal from being
one-quarter mile ve.t of Military Trail to being one-balf mile
vest of Military Trail.
oJ:Þj.atioa., Hone
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20. riqure L-4. '
Backgrowa4.
This aaandment proposes to revise Map Figure L-4. The existing
Figure L-4 (attachment p. 27) which retlects "Major Residential
Parcels" would be deleted and replaced with the revised Map
Figure L-4 (attachment p. 28) which retlects "Potential
Residential Units" and has been updated to retlect 1994
intormation.
objeotioDI
These ..ps sbow land us. de.ignations for ar.a. that are
outside the City liaits and the City does not indicat. that
d.signation. tor areas outside the City are for advisory purposes
only. (Rules 9J-5.006(2) (a)1 9J-11.006(3), P.A.C. and Section
163.3171 P.S.)
boo_encSationl
The City should indicate on the map that the land u..
de.ignations tor areas outside the City are tor advisory purposes
only.
21. 'Iable L-3 _4 'fable L-41
Baokc¡rowa41
This amendment proposes to delete Table L-3 (attachment p.
29) whicb retlects "Ongoing Developments" and Table L-4 wbich
retlects "Available Land" and replace th.. with the revised Table
L-4 (attachment p. 31) which retlects "Potential Residential
Units" and has been updated to reflect 1994 developaent
intor1lation.
objeotionl
The revised table sbows land use designations tor areas that
are outside the City liaits and does not indicate that
designations for areas outside the City are tor advisory purposes
. only. (Rule. 9J-5.006(2) (a): 9J-11.006(3), P.A.C. and Section
163.3171 I'.s.)
bc~""t1oDI
Th. City sbould indicate on the table that the land use
. designations tor area. outside the City are tor advisory purposes
onl y. .
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22. Policy C-4.'S
BaøktlrOUD4.
This aaendment proposes to delete policy C-4.6 which
proposed the development of "...a strategy for attracting private
and public educational institutions to the Pineapple Grove
Area. . . "
objection. I None
co.aut I
The city indicates that the specific prograa is no longer
active, but that econo.ic development of the area is still an aim'
of the City and the CRA. The City should consider' revising the
policy as opposed to eliminating it.
23. aequir..ent. for capital xaprov..ent. xapl..entat1on
aaendaut
Back9roua4a
This ..endaent proposes to revise Table IV-3 "Pive Year
capi tal Içrov..ent Schedule." The existing Table IV-3
(attachaent pp. 38-42) would be replaced with the revised Table
IV-3 (attachment pp. 43-44) to reflect the City's Five Year
Capital Improvement Plan.
Objectioul None
24. Procedare. tor Konitor1nq an4 BYalaatioD a.eadaeat
BackqroUDdl
This ..endment proposes the revision of the list of
imaediate needs under A. Implementation of Goals, Objectives, and
Policies of the Eleaents of the Plan, to reflect "projects and
prograas that have been completed, eliainated, or rescheduled in
: previous aaendment. or in the current amendment."
.
Object1ou. None
,
B. COUIIrDIICY Wlft IfD .'1'A'1'. CO........1ft PLUI
,ObjectioD'
-
The proposed text aaendaent to Page III-r-19 of the Coastal
Xanag_ant El..ent i. not consiatent with Goal 7 (Public Safety),
POlicie..24 and 25' and Goal 20 Transportation), POlicy 9 of the
state coaprehen.ive Plan because the aaendaent doe. not
adequately plan for hurricane evacuation.
"
10
------
.eoo_eD4atioDI
The City should include data and analysis of the impact of
the revised population fiqures on hurricane evacuation.
c. CO..ISIfDCY WIft 'I'D COXPU_SIn UGIODL POLICY PLAJI
The proposed text amendment to paqe III-F-19 of the Coastal
Management Element is not consistent with Goal 7.2.1 (Public
Safety), pOlicy 7.2.1.2; and Goal 19.2.1 (Transportation), ot the
Treasure coast coaprehensive Regional Policy Plan because the
..endaent does not adequately plan tor hurricane evacuation and
shelter.
aa~_4atioDI
The City should include data and analysis ot the impact of
the revised POPulation tiqures on hurricane evacuation. It the
analysis shows an increase, the City should identity how they
will ottset the increase.
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ORDINANCE NO. 90-94
I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
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I DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN
:1 AMENDMENT 94-1 PURSUANT TO THE PROVISIONS OF THE
"LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
I DEVELOPMENT REGULATION ACT" , FLORIDA STATUTES
:j SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED
I "COMPREHENSIVE PLAN AMENDMENT 94-1" AND INCORPORATED
HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach exercised the authority
granted pursuant to the provisions of Florida Statutes Sections I
163.3161 through 163.3243, known as the II Local Government
Comprehensive Planning and Land Development Regulation Act"; and
WHEREAS, via Ordinance No. 82-89, the City Commission
adopted the document entitled "Comprehensive Plan - Delray Beach,
Florida" ; and
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I WHEREAS, the Planning and Zoning Board, as Local Planning
Agency, did prepare an amendment to the Comprehensive Plan entitled
"Comprehensive Plan Amendment 94-111; and
WHEREAS, the Planning and Zoning Board, as Local Planning
Agency, following due public notice, held a public hearing on April
18, 1994, in accordance with the requirements of the "Local Government
Comprehensive Planning and Land Development Regulation Act"; and !
WHEREAS, after the above referenced public hearing, the
Planning and Zoning Board, as Local Planning Agency, recommended to
the City COllUDission that the proposed Comprehensive Plan Amendment
94-1 be transmitted; and
WHEREAS, proposed Comprehensive Plan Amendment 94-1 was
I submitted to and reviewed by the City Commission; and
WHEREAS, following due public notice, the first of two
required public hearings on Comprehensive Plan Amendment 94-1 was held
by the City Commission on May 17, 1994, at which time it was
authorized to be transmitted to the Department of Community Affairs
for required review; and
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I WHEREAS, a report of Objections, Recommendations and
I
; Comments (ORC) has been received from the State Department of
Community Affairs and said report has been reviewed by the Planning
¡I and Zoning Board, as Local Planning Agency, and is the basis for
modifications to the proposed Comprehensive Plan Amendment 94-1¡ and
WHEREAS, following due public notice, the second of two
required public hearings on Comprehensive Plan Amendment 94-1 was held I
on November 15, 1994, in accordance with statutory requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, hereby dec lares its intent to exercise the authority I
granted pursuant to the provisions of Florida Statutes Sections I
163.3161 through 163.3243, inclusive, known as the "Local Government
Planning and Land Development Regulation Act-, I
Section 2. That in implementation of its declared intent as ¡
set forth in Section 1 of this ordinance, there is hereby adopted the
document entitled II Comprehens i ve Plan Amendment 94-1-, which is
attached hereto as Exhibit "A" and incorporated herein by reference.
Section 3. That the document entitled "Comprehensive Plan -
Delray Beach, Florida" is hereby amended pursuant to the document
II entitled IIComprehensive Plan Amendment 94-111,
Section 4. That should any section or provision of this
I ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
I whole or part thereof other than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 6. That this ordinance shall become effective upon
issuance of a final order determining the adopted amendment to be in
compliance in accordance with Florida Statutes Section 163.3184(9), by
the Stat~.Department of Community Affairs, or until the Administration
Commission issues a final order determining the adopted amendment to
be in compliance in accordance with Florida Statutes Section
163.3184(10).
- 2 - Ord. No. 90-94
I I
I I
¡ I
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1994.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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- 3 - Ord. No. 90-94 I
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TABLE OF CONTENTS
CITY OF DELRAY BEACH
COMPREHENSIVE PLAN AMENDMENT 94-1
~
CONSERVATION ELEMENT
1 Policy A-l.4 (preservation of recharge areas)
1 Policy A-4.2 (water conservation)
1 Policy A-4.6 (canal water for irrigation)
2 Policy A-4.7 ("grey water" for irrigation)
3 Policy B-1.2 (preservation of key parcels)
3 Policy B-1.4 (wetland area along I-95)
4 Policy B-2.6 (preservation of habitat)
4 Policy B-3.2 (Lake Ida shoreline)
PUBLIC FACILITIES ELEMENT
6 Policy A-1.2 (ocean discharge)
6 Objective B-2 (water supply)
7 Policy B-2.1 (WWTP effluent recycling)
8 Policy B-2.5 (aquifer storage and recovery)
-. 8 Policy B-3.1 (techniques to decrease water
consumption)
OPEN SPACE AND RECREATION ELENE1ft'
11 Policy B-2.5 (access to natural areas)
11 Policy B-2~6 (facilities in natural areas)
HOUSING ELlME1ft'
12 Figure 8-1 (major residential parcels)
15 Table 8-1 (on-going developments)
16 Table 8-2 (available land)
18 Policy A-1.4 (sacred zoning)
18 Policy A-2.4 (sacred zoning)
COASTAL NAKAGBMEHT ELENEHT
19 Coastal area population
19 Policy A-2.3 (multijurisdictional impacts on ICWW)
20 Policy A-4.1 (additional water dependent uses)
20 Policy A-4.3 (program implementation participation)
21 Policy 8-1.4 (beach access)
21 Policy 0-1.1 (hazard mitigation)
22 Policy 0-1.2 (hurricane operations plan)
22 Policy 0-4.1 (drainage improvements)
. . !'UTURI: LAIm USI SLIME1ft'
24 Description ot Planning Area
25 Table L-l (existing land use inventory)
27 Figure L-4 (major residential parcels)
29 Table L-3 (on-going development.)
29 Table L-4 (available land)
32 Policy C-4.3 (C80 development plan)
32 Policy C-~.6 (educational institutions in Pineapple
Grove) .
33 Policy C-4.9 (capital improvement projects)
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CAPITAL IMPROVEMENT ELEMENT
35 Policy A-l.l (park and fire station in S.W.)
35 Policy A-3.l0 (water and sewer enterprise bond)
INTERGOVEMMlNTAL COORDINATION ELEMENT
36 Policy A-2.3 (resolution of conflicts)
REQUIREMENTS FOR CAPITAL IMPROVEMEIft'S IMPLEMENTATION
37 Five year schedule of improvements
PROCEDURES POR MONI'l'ORING AND EVALUATION
45 List of projects/programs
SUPPORT DOCUMENTS
Appendix
1 Delray Oaks
2 Water Rates
3 Wastewater Effluent Reuse
4 Emergency Management
T:\advanced\content.
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PROPOSED COMPREHENSIVE PLAN AMENDMENT 94-1
CONSERVATION ELEMENT
I. Location: Pg. III-A-13, Policy A-1.4 (NEW)
Change: ADDITION
Policy A-I. 4 The City shall encouraqe the
preservation of existinq qroundwater recharqe
areas throuqh sensitive site planninq. In the
case of environmentally sensitive lands, such
preservation may include sensitive development
under "planned development" concepts, exaction
(public sites dedication provisions of the Land
Development Requlations), or aCQUisition
(includinq the County Environmentally Sensitive
Lands Acquisition Proqram).
Comment: Policy strengthens the City's commitment to
preserve existing groundwater recharge areas. See Support
Document . 1 (Delray Oaks) for a complete discussion of
this issue.
2. Location: Pg. III-A-1S, Policy A-4.2
Policy A-4.2 Develop a standard of water use for
various land uses (e.g. varying with lot sizes,
bedrooms, common area, etc. ) which equates to
110' of a reduction target and establish it as
the limit of "reasonable" consumption. Then
provide for a penalty payment (higher rate) for
water consumption above the reasonable amount.
This program shall be instituted in FY 92/93, if
the rate of water consumption is not reduced
through voluntary means. (c1)
Chaage : DBLBTION
Co_nt: S_ Support Document . 2 (Water Rates) for a
complete discussion of this issue.
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3. Location: Pg. III-A-1S, Policy A-4.6
Policy A-4. 6 Water which flows in canals shall
be used wherever po..ible for irrigation of golf
cour... and open space areas. Th. possibility of
such water us. shall be explored during the
revi_ of any development plans which are in
proximity of such a water sourc.. This submittal
requirement shall be included in the required
I
updating of land use regulations which follows
adoption of the Plan. (cl)
change: REVISION
Policy A-4.6 Water which flows in canals 2£
drainaqe lakes shall be used wherever possible
for irrigation of golf courses and open space
areas. The possibility of such water use shall
be explored during the review of any development
plans which are in proximity of such a water,
source. This submittal requirement shall be'
included in the required updating of land use
regulations which follows adoption of the Plan.
(cl)
Comment: This requirement has been expanded to include all
surface water bodies to better describe the intent of the
policy.
4. Location: Pg. III-A-l6, Policy A-4.7
Policy A-4.7 The City shall continue its present
policy of requiring a water source, other than
City water, for irrigation purposes in
geographically defined areas of the City. The
City shall also pursue the use of discharge
water, from the Regional Wastewater Treatment
Plant, for irrigation purposes. This program
shall be explored through the joint efforts of
the District Board and the Cities of Boynton
Beach and Delray Beach. This item is in the
Regional Board FY 92/93 work program.
Change: UVISIOK
Policy A-4.7a The City shall continue its
present policy of requiring a water source, other
than City water, for irrigation purposes in
geographically defined areas of the City.
Policy A-4 . 7b The City, through the Regional
Wastewater Treatment Facility Board, shall
implement the "Northeast Quadrant Reclaimed Water
System" pr01ect to reclaim a portion of the
0, effluent from the Wastewater Treatment Plant for
irrigation purposes. The City, throuqh the
Regional Wastewater Treatment Facility Board,
shall also exPlore the feasibility of the reuse
of wastewater effluent for groundwater recharge
in Py 93/94. Based upon the results of this
feasibility study, the City, through the Regional
Wastewater Treatment Facility Board, may develop
Page 2
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a proqram to fully implement the reclamation and
reuse of sewaqe wastewater effluent in the
future. (Also see Public Facilities Policy B-2.1
for related policy) _1411 41_~ p.t_.é tlé ._é Ðt
d1_tl4t,é "4tétl tt~. tlé lté,lÐJi41 W4_té,.4t.ét
1'té4t1iéJit Pl4Jitl t~t 1tt1,4t1~Ji p.tp~_é~J 1'11_
pt~,t4at _M411 JH .å;l~téd tlt~.'K tlé 8~lJit
étt~tt_ ~t tlé J1_tt1tt .~4td 4Jid tlé ~lt1.. Ðt
.~tJit~Ji .é4tl 4Jid Jélt4t .é4tMJ 1'M1_ 1t.. 1_ 1Ji
tMé lté,l~Ji41 .~4td If '2/'3 "~tX ;t~,t4atJ
,Comment: The policy is updated to reflect on-going project,,'
development and separated into a maintenance policy and a
project specific policy. See Support Document # 3
(Wastewater Effluent Reuse) for a complete discussion of
this issue.
5. Location: Pg. III-A-17, Policy B-1.2
Policy B-1.2 The Delray Oaks area of the Alfieri
pugliese Park of Commerce and Hurricane Pines
along S.w. 10th Street should be preserved in
part through sensitive site planning.
Change: RlVISIOIC
Policy B-1. 2 The Delray Oaks area of the Alfieri
pugliese Park of Co_erce shall be preserved
throuQh sensitive development under "planned
development" concepts, exaction (public sites
dedication provisions of the Land Development
Requlations), or acquisition (includinq the
County Environmentally Sensitive Lands
Acquisition ProQram). The City shall participate
with the County in seekina State fundinQ for the
acquisition of the Delray Oaks site and its
development as a preservation area. 4Ji~ Hurricane
Pines along S.W. 10th Street should be preserved
in part through sensitiv. site planning.
C~nt: It is appropriate to strengthen this policy
relating to the preservation of the Delray Oaks site in
light of on-going partnership efforts by the City and
County to acquire and preserve the site. These efforts
include applications for State funding through Preservation
2'000 and the on going negotiations by the County to
purchase the site through the Environmentally Sensitive
Lands Acquisition Prograa. See Support Document t 1
(Delray Oaks) for a complete discussion of this issue.
6. Location: Pg. III-A-17, Policy a-l.4
Policy B-l.4 Upon adoption of this Plan and
through programs set forth in the
Page 3
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Intergovernmental Coordination Element, the City
shall obtain the wetland area along 1-95 (c3).
Change: DELETION
Comment: It appears that Policy B-1. 4 was not based on
accurate data. The area in question is east of 1-95 on the
south boundary of the City. Field investigation subsequent
to Plan adoption shows that the area was never a wetlands
habitat, but was and is a drainage ditch and the associated
overbank. This property is owned by Palm Beach County and ,
is zoned Open Space (OS) by the City. Ci ty does not need '
to obtain ownership to protect the area.
7. Location: Pg. III-A-1S, Policy B-2.6 (NEW)
Change: ADDITION
Policy B-2.6 The City shall, to the maximum
extent feasible, preserve, conserve,
appropriately use and protect fisheries, wildlife
and marine habitats which serve as habitat for
endangered and threatened plant and animal
species.
Comment: Policy strengthens the City's commitment to
preserve endangered and threatened species. See Support
Document . 1 (Delray Oaks) for a complete discussion of
this issue.
S. Location: Pg. III-A-1S, Policy B-3.2
Policy B-3. 2 Through intergovernmental efforts
with the Lake Worth Drainage District and the
South Florida Water Management District, a
program for the protection of the shore line of
Lake Ida shall be established. The City shall
provide the lead through its Community Services
Group. The program shall be developed by during
" 92/93. It shall address, among other items,
the regulation of boat activity in order to
reduce wave impact on the shore line.
Change: RlVISIOR
".
Policy B-3.2 TKt.~~M f~t4t~.t4tØå4~t.Z ffffétt._
1tftM tMtf UJttf W.ttK øt.f".~4 øf~ttftt .".. t.Mff
..~tM 'Z.tl." ..t4t ""'~4..~t .I.~ttl.tt, á
pt.~t.. t.t tM4 pt.ttfttl..~ .t fM4 _M.t4 ZI.~ff ef
UX4 X., ~M'ZZ IU 4~t'»ZI.~MHJ TM4 el.tt _M'II
pt.tl..4 tM4 Z4'. t.Mt.~~M I.t~ e...~~l.tt .4ttl.tff_
.t.~;.! TM4 _té~t.. _M'ZZ »4 .4t4Z.;44 »t tI~tl.ft.
Page 4
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ry '2/'3' It. .Ui4IZ Áddt"..' úitSJii tSt.M"t It.''..,
t.M" t"'_Z4t.ltSJi tSf ~tS4t. 4ét.lilt.t lJi tStd"t t.tS
t"d_é" w4i" latp4ét. tSJi t.M" .MtSt" ZlJi'" The City
supports Palm Beach County's program to restore
and protect the shoreline of Lake Ida. In
addition, the City supports continuing monitoring,
of boating activity in the lake to assure that
this activity does not produce adverse impacts on
the shoreline.
Comment: Palm Beach County, through its Parks and'
Environmental Resource Management Departments, has
implemented a program to restore the shoreline of Lake Ida
within Lake Ida Park. This program includes exotic
removal, recontouring of the shoreline and recreation of a
marsh habitat. The new shoreline and habitat is protected
from boat wakes by a breakwater. This project has
satisfied the need for shoreline protection although a need
remains to monitor boating activity and its impact on the
shoreline of Lake Ida.
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PUBLIC FACILITIES ELEMENT
I. Location: Pg. III-B-22, Policy A-1.2
Policy A-I.2 Even though current standards for
ocean discharge of effluent are being met, the
use of ocean discharge may not, in the long term,
be an acceptable method of disposal of effluent.
A program for the reuse of effluent from the
Regional Wastewater Treatment Plant shall be
presented to the Regional Board by June 1, 1993.
(See Policy B-2.1 Conservation Element Policy
A-4.7 and see Intergovernmental Coordination
Element for related policies).
Change: REVISION
Policy A-I. 2 Even though current standards for
ocean discharge of effluent are being met, the
use of ocean discharge may not, in the long term,
be an acceptable method ~f for the normal
disposal of all, or even the ma1ority, of
effluent. A proqram to fully implement the
reclamation and reuse of sewaqe effluent may be
developed by the City, throuqh the Wastewater
Treatment Facility Board in the future. (
pt~ft~ f~t tK4 t4~_4 ~f 4ffZ~4Jit ft~at tMe
1t4if~JiåZ Wå_tewåtet 'l'teåta\4Jit PI'Jit .MåII ~e
pt4_4Jife4 f~ fK4 1t4if~Ji'I lëåt~ ~t I~Ji4 II 1"3/
(See Policy B-2.1 Conservation Element Policy
A-4.7b and see Intergovernmental Coordination
Element for related policies).
Comment: See Support Document . 3 (Wastewater Effluent
Reuse) for a complete discussion of this item.
2. Location: Pg. 111-8-24, Objective B-2
Ob1ective B-2
Even though the City has pro jected an adequate
water supply, it shall provide for increasing
draw through increased use of existing wells as
. opposed to developing new wells, and it shall
. enhance the area's water supply through the
development of different methods of providing
water. This objective shall be met in the
performance of the following: (2b)
Change: RBVI8IOR
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Ob1ective B-2
Even though the City has projected an adequate
water supply, it shall provide for increasing
draw and the potential of reduced capacity
throuqh salt water intrusion and/or extended
drouqht conditions through increased use of
existing wells, development of new wells and
development of al ternati ve technoloqies and
methods of providinq water. 4_ é;;«S.'_tI té,
tI_1_Zé;fli~ Ii__ __ZZ_I 4litl ft _M4ZZ _IiM41it!_ tM_'
4t_41_ ¡t4t_t -~;;Zt tMté~~M tM_ tI_1_Zé;at_lit éf'
tlfft_t_lit at_tMétl_ ét ;té1ftlfli~ ¡t4t_tJ This
objective shall be met in the performance of the
following: (2b)
Comment: The scope of this objective is expanded to
address the realities of salt water intrusion and drought
impact, and to allow the exploration and development of new
technologies.
3. Location: Pg. III-B-25, Policy B-2.l
Policy B-2.1 The alternative of enhancing the
water supply through the recycling of discharge
from the Wastewater Treatment Plant (WWTP), after
tertiary tr.atment, and then u.ed either as a
sourc. of potable water, and/or irrigation water,
and/or aquifer recharge shall be explored through
technical studies.
Change: RlVISIOR
Policy B-2.1 TM_ 4Ztt6tIi4tf1t6 éf t6IiM41it!fli~ fM.
¡t4tt6t _~;;lt tMté~~M tM_ tt6t!tt!Zflifj ét tlf_t!M4t,_
tté. tMt6 W4_t__4tt6t Tt_4fatt6lit 'Z41it (WWT"l 4ft_t
tt6ttf4tt tt_4tatt6litl 4litl tMt61i ~_H _ftMt6t 4_ 4
_é~tt!_ ét ;etåMZ_ ¡t4tt6tl 4litl/ét fttffj4tféli ¡t4tétl
4litl/ét 4~ftt6t t_t!M4t~t6 _M4ZZ M4 éâ;ZétH tMté~,M
tt6t!MJift!4Z _t~tlfé_J The Ci ty, throuqh the
Reaional Wastewater Treatment Facility Board,
.hall d.velop a proqraa to impl.m.nt the
"Rorthea.t adrant Reclaimed Water S stem"
ro act to reclaim a rtion of the effluent from
. the Wa.tewater Treatment Plant for irriqation
. purpo.... The City, throuqh the R.qional
Wa.tewater Treatment Facility Board, shall also
explore the f.a.ibility of the reuse of
wastewater effluent for aroundwater recharqe in
FY 93/94. Based upOn the result. of this
fea.ibilitv .tudy, the City, throuah the R.qional
Wastewater Treatment Facilitv Board, may develop
'age 7
.
a proqram to fully implement the reclamation and
reuse of sewaqe wastewater effluent in the
future. (Also see Conservation Policy A-4.7b for
related policy)
Comment: See Support Document t 3 (Wastewater Effluent
Reuse) for a complete discussion of this item.
4. Location: Pg. III-B-25, Policy B-2.5 (New)
Change: ADDITION
Policy B-2.5 The City shall develop a proqram
to construct at least one Aquifer Storaqe and
Recovery (ASR) well to supplement water supply
durinq conditions of drouqht or well field
contamination and as a method of balancinq the
demand on water supply wells durinq periods of
hiqh and low demand. This proqram shall include
feasibility studies, desiqn, and construction as
warranted by the results of the feasibility
studies.
Comment: The relatively new technology of Aquifer Storage
and Recovery (ASR) has the potential to supplement water
supply in Delray Beach by storage of treated water in the
upper Floridan Aquifer during periods of low demand for
later recovery and use during periods of high demand or
during emergency conditions such as drought or well field
contamination.
5. Location: Pg. II1-B-25, Policy B-3.1
Policy B-3.1 The City shall maintain its program
of responsible consumption of water (per capi ta
basis) and shall decrease the overall per capita
con.umption of water by 10' from 1989 levels
through continued implementation of the following
techniques and programs: (Also see Objective A-4
of the Conservation Element).
. maintaining its water rate structure
which sets a higher uniform rate for
. consumption and decreases customer
. capacity charges in order to promote
reductions in water consumption as well
as establishaent of conservation
surcharge., based on South Florida
Water Management District formulae, and
keyed to various levels of drought
alert;
"
'49. 8
.
· mandatory use of wells for irrigation
purposes where conditions permit [LDR
Section 7.7];
· enhanced enforcement of water use laws;
· requirements for xeriscape landscaping
alternatives to be considered for all
new development during the review of
site and development plans [LDR Section
4.6.l6(E)]; and
· continuation of the regular preventive
maintenance program for water mains,
pumps and meters (see related Policy
C-4.3)
Change: REVISION
Policy B-3.l The City shall maintain its program
of responsible consumption of water ( per capi ta
basis) and shall decrease the overall per capita
consumption of water by 10' from 1989 levels
through continued implementation of the following
techniques and programs: (Also see Objective A-4
of the Conservation Element).
· maintaining its water rate structure
which establishes an inverted block
rate structure to set higher
consumption rates for increased water
use ..4t.. 4 MtiM4t ~litf.tI\ t4t4 føt
t.Ii....;tt.1i 4litl ...tt44..... t~..t.lI\ét
t4;4tt.tt tM4ti4" in order to promote
reductions in water consumption as well
as establishment of conservation
surcharges, based on South Florida
Water Management District formulae, and
keyed to various levels of drought
alert;
· mandatory use of wells for irrigation
purposes where conditions permit [LDR
Section 7.7];
· continued .áMålit4tl enforcement of water
I use laws;
· The consideration of tétþtt...lit.. tét
xeriscape landscaping alternatives té
lSé t.lill t.tI.t4tl for all new development
during the review of site and
developllent plans [LDR Section
.. 4 ., 6 . 16 ( E) ]; and
P.ge ,
.
-
. continuation of the regular preventive
maintenance program for water mains,
pumps and meters (see related Policy
C-4.3)
Comment: Changes in the third and fourth bullets are
housekeeping items to update the statements. See Support
Document' 2 (Water Rates) for a complete discussion of the
changes in the first bullet.
.
.
'.
'ag. 10
,.
OPEN SPACE AND RECREATION ELEMENT
1- Location: Pg. III-D-21, Policy 8-2.5 (NEW)
Change: ADDITION
Policy 8-2.5 The City shall ensure public access
to publicly owned natural areas that provide
passive resource based facilities (i.e. trails,
wildlife observation areas, etc. ) for the public
use and en10vment of the site.
Comment: Policy strengthens the City's commitment to
public access to natural areas. See Support Document t 1
(Delray Oaks) for a complete disçussion of this issue.
2. Location: Pg. III-D-21, Policy 8-2.6 (NEW)
, ADDITION
Change:
Policy 8-2.6 The City shall ensure that passive
resource based facilities (i.e. trails, wildlife
observation areas, etc.) will be provided for the
public use and en10vment of publicly owned
natural areas.
Comment: Policy strengthens the City's commitment to
public access to natural areas. See Support Document t 1
(Delray Oaks) for a complete discussion of this issue.
.
.
'ag_ 11
I
HOUSING ELEMENT
1- Location: Pg. III-E-6, Figure H-1
Change: REVISION
Comment: This figure, "Major Residential Parcels", has
been replaced with a new figure, "Potential Residential
Units", to provide up to date (1994) information.
.
:
:.
'ag8 12
Figure H-l Major Residential and Vacant Parcels
~ £'X,'r/NI;
0-. u,·.. _1'1 J; ~ _~ , "
...' DE RAY h ~'"
j ,-- : BEAO A ( ~:rmfP
. . ~ :I ~.~ Ie,
.¡ II '- . ~ ~j · .'. ~ · · I
~ , - ~ ' I ~ ~ ~-_-Pr. ::1T.. I i
rT M I' , I ~ . --.:.. . ~ . ~ -- ~ ~ ~
, . ' ~ ~ I 1.4~... þ .
- . "I"i~t~ ,," ~
! , 1.·:-\1 ' I':TÌ I.f . ..'.... ~. a.-; 1
. - 0' .........1 ~;J'~,).;¡_.",... t:r.\1.J ~ I.
. ~. 1 ~~ "'-.~u_" ." , _ l
. "'0,. III' I. I. I - · II'~ - : ,. ¡..
.......... - ......... ,,"' J. ""'~. . i:I J
"æ ~. - # .. ..
· -_ . . · ~ -'~I ,;:t::., - [I r:.' -
~...... .... -n -t.... (![ ill .fõ( I' ~ - ! l ~ ~~"tF.
..... _ '... II I. .. 11 ~ :q¡
J- -. .....'!"".n.... -.. ; I~" .
~ ... ~ S ~ ;
. - .... ..-... . .'t¡' - -' ~... .,. l-
. ~ ð, ~ ¡I I ~ ·
..... ..Ji ~. I' · Li,~, ~ ¡. · -
T 1... "II~ . : n ~ .....
.. . .I J.L..
J. j..... U .. III! r ·tlfii: ~
...Jl'\.~ìY"~ · ~ :.~ Jy
~~.. -11 I' ~...... þ
.Ã. ~ ~ , ....1 , '=
e _ ...
~ E ,,' .. .- .... - .!II.
., .: .'. 0-t ,".
! ,....,.~ --; ,e¡;' I J r ~ ..
.~ ... I~~
, r. 1:11 11. Ia -a .. .
.. 'Li.·· .. ¡..¡¡ I~~ ~
· "" . · ,.. i"'\ If
. "'.. ~~ ...,.~ ~ ,oJ I ~ I
!!... I I 0 I ~ ~. . ~~) I ~ .J ~
i _ -- r'1 - ... 1 LJ::] !.. [J :
.......... P\ l .....
-~ . 'I~· ; :: ,
. t ' ~ ~ '-- - r ;:3 ~ ~ ~,
aPPE 0;1; D ~V 'JO;_
· r-
omm VACANT RESIDE~ TIA'L ¡,
".. :........, -. ~
i.......J CCLNTY Jl.RISCICTICJ~
The City of Delray Beach
MAJOR RESIDENTIAL PARCELS ~
.... SPGSTRATEGIC PlANNING GROUP IHC Page 13 FIGURE H-1 1iI....,j
.
.e ~VIJ"~
FIGURE H-1
fiGURE L-4
L-. CMIM.
,
1
,
"I"
I I
~ IOUUV_
I /
I ,
~
,
. .
N- POTENTIAl RESIDENTIAL UNITS
- AOOIIIGA1t 'NtCÐ.S tJI1 WID. 8ICM AM VN:/IIIT 011
UN~. .... AaU . ...... .. lID. ",.,
ÞWII A ,.a..U.... DØGfM1'IGN tJI1 La. 1INmY. ......
DrNmY. nwesrnGNM. MDIID UIL 011 IUW. II'IIIDfnItIL
cnY Œ DELMY KACH. FL LIGINÖ:
PWIfiMC DEPAR1UENT en UIIft , .. J
· .... e ~~ --- .
.. ,.. .. ...
Page 14
'.
2. Location: Pg. lll-E-7, Table H-I
Table H-I Ongoing Developments
Single- Multi-Family
Project Family Family Total
1. Sable Lakes 348 114 462
2. Sherwood Forest 125 --- 125
3. Isles of Delray 100 48 148
4. Groves of Delray --- 156 156
5. Auburn Trace --- 256 256
6. Waterford Village --- 236 236
7. Housing Partnership 36 --- 33
Total Number of 609 810 1,416
Units Planned:
Source: Strategic Planning Group, 1 nc . , 1988
Change: DILITIOR
Comment: The table of on-going developments is
incorporated in the table of "Potential Residential Units",
thus it is not applicable as a separate table.
.
.
'ag. 15
.
3. Location: Pg. III-E-7, Table H-2
Table H-2 Available Land
Potential
Parcel Size Density Units Type
A 143 ac+ 4 units/acre 532 Single-family
detached (SFD)
B 101 ac+ 4 units/acre 404 SFD/MF
C 60 ac+ 12 units/acre 720 Multifamily (MF)
D 30 ac+ 6 units/acre 180 MF
E 11 ac+ 12 units/acre 132 MF
F 8 ac+ 6 units/acre 48 MF
G 20 ac+ 10 units/acre 200 MF
H 25 ac+ 5 units/acre 125 SFD/MF mixed
Total Potential Housing Units: 2,241
Source: Strategic Planning Group, Inc., 1988
Change: REVISIO.
SEE TABLE 8-2 ON PAGE 17.
Comment: The table of "Available Land" has been replaced
with the table "Po,tential Residential Units" to reflect
updated (1994) information.
.
.
,
'ag_ 1&
'.
-- TABLE B-2 AND TABLE L-4 --
POTENTIAL RESIDENTIAL UNITS
FEBRUARY 1994
CURREM'l' POTENTIAL
I ID' I DESIGNATION I ZONING , ACRES I UNITS I
101 LOW DENSITY RIM 10.00 50.0
103 LOW DENSITY PRO 5.00 25.0
110 LOW DENSITY CNTY 20.32 101.6
124 LOW DENSITY SAD 31.08 155.4
128 LOW DENSITY R'lA 9.99 50.0
------ -------
TOTAL FOR DESIGNATION.................. 76.39 ..... 382.:0
104 MEDIUM DENSITY CNTY 4.94 59.3
105 MEDIUM DENSITY CNTY 6.47 77.6
107 MEDIUM DENSITY CNTY 14.23 170.8
116 MEDIUM DENSITY RK 20.18 242.2
117 MEDIUM DENSITY RR 14.79 177.5
118 MEDIUM DENSITY CF 36.80 441. 6
------ -------
TOTAL FOR DESIGNATION.................. 97.41 ....~ 1,169;0
.. .' ... .
125 MIXED USE SAD 10.54 126.5
142 MIXED USE CNTY 94.82 680.0
------ -------
TOTAL FOR DESIGNATION.................. 105.36 ..... 806.5
102 RURAL RESIDENTIAL CII'l'Y 107.01 535.1
------ -------
TOTAL FOR DESIGNATION.................. 107.01 ..... 535.1
106 TRANSITIONAL CNTY 8.38 100.6
111 TRANSITIONAL CII'l'Y 8.32 99.8
113 TRANSITIONAL CII'l'Y 17.56 210.7
114 TRANSITIONAL A 6.21 74.5
123 TRANSITIONAL POC 7.15 85.8
127 TRANSITIONAL RK 6.12 73.4
139 TRANSITIONAL POC 18.83 262.0
143 TRARSITIOMAL A 33.97 407.6
146 TRARSITIOIfAL CNTY 52.18 626.2
147 ftAltSITIOMAL POC 10.00 120.0
------ -------
~AL PeR DESIGNATION.................. 168.72 ..... 2,060.6
122 PREVIOUS APPROVAL RK-8 18.56 140.0
150 PREVIOUS APPROVAL PRO 0.00 138.0
151 ~PREVIOUS APPROVAL PRO 0.00 114.0
152 PREVIOUS APPROVAL SAD 0.00 292.0
153 PREVIOUS APPROVAL RK 0.00 158.0
------ -------
TOTAL FOR DESIGNATION.................. 18.56 ..... 842.0
...... _:=====
GRAND TOTAL.. '. . . . . . . -. . . . . . . . . . . . . . . . . .. 573.45 ..... 5, 795 . 2
SOURCE: CITY OF DELRAY BEACH, 1994.
Page 17
.
.
4. Location: Pg. III-E-18, Policy A-l.4
Policy A-l. 4: That these neighborhoods be
identified as "stable residential" on the Housing
Map, that the most restrictive residential zoning
district which is applicable is affixed on the
zoning map, and that requests for rezoning to a
different zone designation, other than Community
Facilities be denied.
Change: REVISION
Policy A-I. 4: That these neighborhoods be
identified as "stable residential" on the Housing
Map, that the most restrictive residential zoning
district which is applicable is affixed on the
zoning map, and that requests for rezoning to a
different zone designation, other than Community
Facilities and Open Space be denied.
Comment: The addition of Open Space as an allowable zoning
category completes and furthers the policy direction of
protecting stable residential neighborhoods.
5. Location: Pg. III-E-19, Policy A-2.4.
Policy A-2.4: That these neighborhoods be
identified as "stable residential" on the Housing
Map, that the most restrictive residential zoning
district which is applicable is affixed on the
zoning map, and that requests for rezoning to a
different zone designation, other than Community
Facilities be denied.
Change: REVISION
Policy A-2.4: That these neighborhoods be
identified as "stable residential" on the Housing
Map, that the most restrictive residential zoning
district which is applicable is affixed on the
zoning map, and that requests for rezoning to a
different zone designation, other than Community
Facilities and Open Space be denied.
Comment: The addition of Open Space as an allowable zoning
cåtegory cOlDplete. and further. the policy direction of
protecting stable residential neighborhoods.
Pag8 18
,
COASTAL MANAGEMENT ELEMENT
1. Location: Pg. III-F-9, second bullet under Hurricane
Evacuation
. Within this area there is a population of
approximately 5,422 (1980 Census Tracts 64,
7401,7402).
Change: REVISION
. Within this area there is a population of
approximately 7J5J 1/.22 (1990 Z,.. Census
Tracts 64, 7401, 7402, 54.03).
Comment: The data is updated to reflect the 1990 Census.
2. Location: Pg. III-F-19, Policy A-2.J
Policy A-2.J: The City shall request of the City
of Boynton Beach, the Town of Gulfstream, the
Town of Highland Beach, and Boca Raton that
notice be given of any development which shall
impact the Intracoastal Waterway by diversion of
runoff, the increase in direct runoff, or the
introduction of a water-dependent use or
commercial or industrial use along the
Intracoastal Waterway. If it is not apparent
that there will be no adverse impacts upon the
Intracoastal Waterway, the item shall be referred
to the Palm Beach Countywide Planning Council for
an analysis and recolIIIDendation pursuant to
provisions of its Charter. (cI3)
Change: RlVISIOR
PolicY A-2.3: The City shall request of the City
of Boynton Beach, the Town of Gulfstream, the
Town of Highland Beach, and Boca Raton that
notice be given of any development which shall
impact the Intracoastal Waterway by diversion of
runoff, the increase in direct runoff, or the
introduction of a water-dependent use or
- comaercial or industrial use along the
0 Intracoastal Waterway. If it is not apparent
that there will be no adverse impacts upon the
Intracoastal Waterway, the item shall be referred
to the Treasure Coast ReQional PlanninQ Council
for review and aaediation a. needed until such
time a. the Pal. Beach County Interlocal Plan
Amendment Review COlIIIDittee expands its review
authority to this kind of Develol88nt Order
'age 19
·
request. PáIJi leátM (l1S14ftttwllle PIáftftlft' (l1S1ifttlI
fISt áft áftáIt.l. áftll tetlSatJiéftllátllSft .hft.1iáftt tIS
;tlSil.llSft. 1St It. (lMáttétl (c13)
Comment: The Planning Council has been disbanded. The
Review Committee has been formed to provide that role of
intergovernmental coordination, review and mediation.
formerly provided by the Planning Council.
3. Location: Pg. III-F-20, Policy A-4.1 :
Policy A-4.1: The need for additional water
dependent uses in the area shall be addressed to
the Treasure Coast Regional Planning Commission.
If needs in addition to those identified in the
City's Plan are identified, a siting program
should be requested of the Commission. (cI3)
Change: REVISION
Policy A-4.1: The need for additional water
dependent uses in the area shall be addressed to
the Treasure Coast Regional Planning Council
(llSatJil..llSft. If needs in addition to those
identified in the City's Plan are identified, a
siting program should be requested of the Council
(llSatJil.;llSft. (c13)
Comment: Typographical error. Hote that the Florida
Department of Environmental Protection, together with the
Treasure Coast Regional Planning Council, is in the process
of developing a boat facility siting plan for Palm Beach
County. This siting plan is a component of the Manatee
Protection Plan, which is required before the State will
issue permits for additional marina development.
4. Location: Pg. III-F-20, Policy A-4.3
Policy A-4. 3: The City shall participate with
its adjacent units of government along the
Intracoastal Waterway in responding to efforts of
the others to implement programs as contained
with its Plan for the protection of living marine
resources, the reduction of exposure to natural
.' hazards, and the continuing provision of public
access to the Ocean and Intracoastal Waterway.
Such participation ahall occur through the
exiating .echanis.. of the South County Counc i 1
of Governmenta, the Pal. Beach County Beaches and Shores Council.
Change: RlVI~IOR
'ag_ 20
'.
Policy A-4.3: The City shall participate with
its adjacent units of government along the
Intracoastal Waterway in responding to efforts of
the others to implement programs as contained
with its Plan for the protection of living marine
resources, the reduction of exposure to natural
hazards, and the continuing provision of public
access to the Ocean and Intracoastal Waterway.
Such participation shall occur through the
existing mechanisms of the South County Council
of Governments~ I tMe 'ålli aeåtM té1iJitt aeåtM_h'
åJi4 SMéte_ té1iJitLI/
Comment: The Beaches and Shores Council's jurisdiction is
limited to the area seaward of the Coastal Construction
Control Line. The Council has no role in the Intracoastal
Waterway.
5. Location: Pg. III-F-21, Policy B-1.4
Policy B-1. 4: Whenever development is proposed
eas t of Highway A-1-A a survey of the property
shall be required. Said survey shall identify any
public access to lands seaward of the mean high
tide or water line by prescription, prescriptive
easement, or any other legal means or a
surveyor's note that no such access exists. Any
such access shall be eliminated or replaced only
in compliance with r.s. 161.55(6) . (c9) [LDR
Section 4.5.5(c)]
Change: RJ:VISIOK
Policy B-1. 4: Whenever development is proposed
east of Highway A-1-A a survey of the property
shall be required. Said survey shall identify any
public access to lands seaward of the mean high
tide or water line by prescription, prescriptive
eas_ent, or any other legal means or a
surveyor's note that no such access exists. No
such access shall be eliminated or replaced
excest in compliance with r.s. 161.55(6).Aftt _1itK
4tttl _ _Måll I6t6 elLliLJiåtH ét tè_Iått64 éJilt Lft
téat;IL'Jitè "LtM r/I/ 1'1/11("/ (c9) [LDR
. Section 4.5.5(c)]
.
Comment: Sentence structure i. revi.ed for clarity.
6. Location: Pg. 1II-F-28, Policy D-1.l
Policy D-1.1: Appendix I, Hurricane Evacuation;
to AJµ1ex V, Evacuation, (1II-L) of Palm Beach
County'. Peacetime Emergency Plan and its
'age 21
.
.
attendant recommendations for hazard mitigation
and interagency hazard mitigation reports is
hereby adopted by the City of Delray Beach and
the Fire Marshall is directed to provide for the
effective implementation and coordination
required by those recommendations. (c3)
Change: REVISION
Policy D-1. 1: Appendix I , Hurricane Evacuation; ,
to Annex V, Evacuation, (III-L) of Palm Beach '
County's Peacetime Emergency Plan and its
attendant recommendations for hazard mitigation
and interagency hazard mitigation reports is
hereby adopted by the City of Delray Beach and
the Coordinator of Emerqency Services l1té
M~t~M~ZZ is directed to provide for the effective
implementation and coordination required by those
recommendations. (c3)
Comment: The City has formalized the duties and
responsibilities of individuals charged with emergency
management through the adoption of Ordinance 7-92. See
Support Document . 4 (Emergency Management) for a complete
text of the ordinance.
7. Location: Pg. 11I-F-29, Policy D-1.2
Policy D-1. 2 : The Fire Chief shall annually
review the City's Hurricane Operations Plan
(Annex II of the City's Emergency Operations
Plan) to insure that base data is current and to
insure that it is consistent with the Palm Beach
County Peacetime Emergency Plan. (c4)
Change: RlVISIOIf
PolicY D-1. 2 : The Fire Chief shall annually
review the City's Emerqe¡¡¡ Operations Guide
ø~ttlt~åé Øpét~tl~å~ 'Z~å ( 4x II ~f tM4 ~lttl_
IIWt'4ått Øpét~tl~å_ 'Z~ål to insure that base
data is current and to insure that it is
consistent with the Palm Beach County Peacetime
Eaergency Plan. (c4)
Comment: The City's procedures manual for all types of
eaiergencies have been gathered into a single emergency
management guide and renamed appropriately.
8. Location: Pg. 1II-P-30, Policy D-4.1
Policy D-4.1: That consistent with Goal Area "E"
of ~he Public Facilities Element, and more
Page 22
'.
, .
specifically with Objective E-I, the following
drainage improvements shall have high priority:
· the one block area south of Atlantic
Avenue adjacent to the Atlantic Avenue
Bridge.
· the Marina Historic District, and
· Atlantic Avenue at Gleason, Venetian,
and Seabreeze Avenues.
Change: REVISION
Policy D-4.1: That consistent with Goal Area "E"
of the Public Facilities Element, and more
specifically with Objective E-I, the following
drainage improvements shall have high priority:
· the one block area south ot Atlantic
Avenue adjacent to the Atlantic Avenue
Bridge.
~ tK. M'tfft' Mf.t~tft If.ttLtt¡ åft4
· Atlantic Avenue at Gleason, Venetian,
and Seabreeze Avenues.
Comment: The drainage improvements project in the Marina
Historic District has been completed.
. .
'.
'.ge 23
FUTURE LAND USE ELEMENT
1- Location: Pg. III-G-2, Inventory
Upon adoption of this Comprehensive Plan, the
City's "reserve annexation area" will become
replaced by the boundaries of it's official
"Planning Area". This area is shown on the maps
contained in this Element and is generally
described by the following boundaries:
· the Atlantic Ocean on the east;
· the Town ot Highland Beach and the City
of Boca Raton on the south;
· the Town of Gultstream and the City of
Boynton Beach on the north;
· the E-3 Canal (one-quarter mile west of
Military Trail) on the west with
exceptions ot territory which is
developed and served by County Utility
System '3.
Change: REVISION
Upon adoption of this Comprehensive Plan, the
City's "reserve annexation area" will become
replaced by the boundaries ot it's official
"Planning Area". This area is shown on the maps
contained in this Element and is generally
described by the tollowing boundaries:
· the Atlantic Ocean on the east;
· the Town of Highland Beach and the City
ot Boca Raton, and unincorporated Palm
Beach County, alone¡ the L-38 and C-1S
canals, on the south;
· the Town of Gultstream and the City of
Boynton Beach on the north;
· the E-3 Canal (one-half _Jit6~fj.Âttét
mile west of Military Trail) on the
west with exceptions ot territory which
is developed and served by County
Utility System '3.
Comment: The description ot the Planning Area is corrected
fór internal consistency (see also page 11-2, "The Planning
Area" )
:
'ag_ 24
'.
2. Location: Pg. III-G-S, Table L-1
Tabl. L-l Existing Land Use Inventory1
Category Acres , of Total
Residential 4,010 40.3
Commercial 723 17.3
Industrial 251 2.5
Agricultural 391 3.8
Transportation 1,401 14.1
Recreation/Conservation 1,752 17.6
Educational/Public Buildings/
Grounds/Other Public Facilities 265 2.7
Vacant 1,163 11.7
Total 9,959 acres 100.0
15.56 square miles2
1 Includes City, unincorporated pockets and reserve
planning area
2 This net area excludes acreage devoted to the
Intracoastal Waterway, 1-95, Lake Ida, and makes
allowances for excessive right-of-way of major
arterial roadways
Source: City of Delray Beach, 1986
Change: UVISIOIf
.'
~
'a9. 25
.
, . .
Table L-l Existing Land Use Inventory1
Category Acres , of Total
Residential 4,206 42.2
Commercial 786 7.9
Industrial 257 2.6
Agricultural 391 3.9
Transportation 1,401 14.1
Recreation/Conservation 1,752 17.6
Educational/Public Bui1dings/
Grounds/Other Public Facilities 286 2.9
Vacant 878 8.8
Total 9,959 acres 100.0
15.56 square miles2
1 Includes City, unincorporated pockets and reserve
planning area
2 This net area excludes acreage devoted to the
Intracoastal Waterway, 1-95, Lake Ida, and makes
allowances for excessive right-of-way of major
arterial roadways
Source: City of be1ray Beach, 1994
Comment: The table has been updated to reflect the 1994
land use inventory.
3. Location: Pg. III-G-9, Figure L-4
Comment: This figure, "Major Residential Parcels", has
been replaced with a new figure, "Potential Residential
Units", to provide up to date (1994) information.
. .
,
'age 21
"
F~URE L-4 MAJOR RESIDENTIAL AND V~CANT PARCELS
~ ~~/SI7Ne
II" ~ ,', t
- ..' '.. -. -.
-". DEI RAY h 1;---1
! -- .L BEAC. ....,. ~ 1Ti·~~1 E..,
" ~ "-" I.. .~ '=S . 7;
b. .'. 1~ . 10. . _.' ~_. ' 'It
, -" - ,
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UIIDD VACANT RESiDE TI~L . I~'
.... . ""I11III
.
The City of Defray Beach
MAJOR RESIDENTIAL PARCELS ~
SPG STRATEGIC PLANNING GROUP 'HC FIGURE L -4 Ip
..... ....
'Page 27
,",.."""-
~Cv,;~¡;)
FIGURE H-1
FIGURE L-4
.
...-
- .~ I
aø.- .....
I ,
!
I
.
N. POTENTIAL RESIDENTIAL UNITS
- AGGIGA1t PMCD.S f1I UN). wttCH ME yN;N(T ~
~ 4.1 M:MS ~ CRÞ1IJt .. SID. /tHO
*VI " F.L.U.... Dl'SlGMnaN f1I LOW 0INSITf. MII:IIUU
OGIMY. nwesrncItW.. MDIID USI. QIt IIUIW. ~
CIIY OF DDMY IUØI. FL
fIUHNIC ÐlPNITWENT LIGIND; en LMI , .. . ~
· IIIÌíIra e ~~ --- .
.. ,.. .. IrA&
Page 28
"
4. Location: Pg. III-G-10, Table L-3
Table L-3 Ongoing Developments
Single- Multi-Family
Project Family Family Total
1. Sable Lakes 348 114 462
2. Sherwood Forest 33 --- 33
3. Isles of Delray 100 48 148
4. Groves of Delray --- 156 156
Total Number of 481 318 799
Units Planned:
Source: City of Delray Beach, 1992
Change: DBLBTION
Comment: The table of on-going developments is
incorporated in the table of "Potential Residential Units",
thus it is not applicable as a separate table.
5. Location: Pg. III-G-10, Table L-4
Table L-4 Available Land
Potential
Parcel Size Density Units Type
A 143 ac+ 4 units/acre 532 Single-family
detached (SFD)
B 101 ac+ 4 units/acre 404 SFD
C 60 ac+ 12 units/acre 720 Multifamily (MF)
D 30 ac+ 6 units/acre 180 MF
E 11 ac+ 12 units/acre 132 MF
F 8 ac+ 6 units/acre 48 MF
G . 71 ac+ 10 units/acre 710 MF
H . 18 ac+ 5 units/acre 90 SFD/MF mixed
Total Potential Housing Units: 2,816
Source: City of Delray Beach, 1992
'.
,ag. 29
---
Change: REVISION
SEE TABLE L-4 ON PAGE 31
Comment: The table of' "Available Land" has been replaced
with the table "Potential Residential Units" to reflect
updated (1994) information.
.
.
,
'age 30
'.
-- TABLI H-2 AND TABLE L-4 -- .
POTENTIAL RESIDENTIAL UNITS
FEBRUARY 1994
CURRENT POTENT I&.
I 10' I DESIGNATIOM I ZONING I ACRES I UNITS I
101 LOW DENSITY RIM 10.00 50.0
103 LOW DENSITY PRO 5.00 2.5.0
110 LOW DENSITY CNTY 20.32 101. 6
124 LOW DENSITY SAD 31. 08 155.4
128 LOW DENSITY IÜA 9.99 50.0
------ -------
TOTAL FOR DESIGNATION.................. 76.39 ..... 382.0
104 MEDIUM DEMSITY CNTY 4.94 59.3
105 MEDIUM DEMSITY CNTY 6.47 77.6
107 MEDIUM DENSITY CNTY 14.23 170.8
116 MEDIUM DENSITY RM 20.18 242~2
117 MEDIUM DEMSITY RR 14.79 177.5
118 MEDIUM DEMSITY CF 36.80 441.6
------ -------
TOTAL POR DESIGNATION.................. 97.41 ..... 1,169.0
.. .' '.. . , . .
125 MIXED USE SAD 10.5. 126.5
142 MIXED USE CNTY 94.82 680.0
------ -------
-- TOTAL FOR DESIGNATION.................. 105.36 ..... 806.5
102 RURAL RESIDEM'l'IAL CNTY 107.01 535.1
------ -------
TOTAL FOR DESIGNATION.................. 107.01 ..... 535.1
106 TRANSITIOIIAL CNTY 8.38 100.6
111 TRANSITIOIUL CNTY 8.32 99.8
113 TRANSITIOIIAL CNTY 17.56 210.7
114 TRANSITIOIIAL A 6.21 74.5
123 TRANS IT I OIlAL POC 7.15 85.8
127 TRANSITIOIIAL aM '.12 73.4
139 TRANSITIOIIAL POC 18.83 262.0
143 TRAØSITIOUL A 33.97 407.6
14' TRUSITIOIIAL CNTY 52.18 626.2
147 'l'IWf8ITIOUL POC 10.00 120.0
------ -------
~AL POR DESIGNATION.................. 168.72 ..... 2,060.6
122 PREVIOUS APPROVAL aM-8 18.56 140.0
150 PREVIOUS APPROVAL PRO 0.00 138.0
151 .-PREVIOUS APPROVAL PRO 0.00 114.0
152 PREVIOUS APPROVAL SAD 0.00 292.0
153 P~VIOUS APPROVAL aM 0.00 158.0
------ -------
TOTAL FOR DESIGNATION.................. 18.5' ..... 842.0
...... -======
GRAND TOTAL..~·...... ~ . . . . . . . . . . . . . . . . .. 573. 45 ..... 5 , 7 9 5 . 2
SOURCE: CITY OF DELRAY BEACH, 1994. Pale 31
.
6. Location: Pg. III-G-33, Policy C-4.3
Policy C-4.3 A special CSD development plan
shall be developed jointly by the CRA and the
City. It shall be initiated subsequent to
completion of the Atlantic Avenue Redevelopment
Plan (see Policy C-2.4). It shall address the
maximum development which can be accommodated in
a competitive market while still retaining the
"village like, community by-the-sea" character of
the CSD. It shall further identify the
infrastructure requirements, including parking,
which will be needed to accommodate such an
intensity of development. Such a plan shall be
formally processed as an amendment to the
Comprehensive Plan. The plan shall be instituted
under the lead of the City's Planning Department
but conducted through close participation with
the Community Redevelopment Agency.
Change: REVISION
Policy C-4.3 A special CSD development plan
shall be developed jointly by the CRA and the
City. It shall be initiated subsequent to
completion of the Atlantic Avenue Redevelopment
Plan ( see Policy C-2.4) . It shall address the
maximum development which can be accommodated in
a competitive market while still retaining the
"village like, community by-the-sea" character of
the CSD. It shall further identify the
infrastructure requirements, including parking,
which will be needed to accommodate such an
intensity of development. Such a plan shall be
formally processed as an amendment to the
Comprehensive Plan. The plan shall be instituted
under the lead of the COlIIIDunity Redevelopment
Aqeney t.f1.tl_ 'Z'JiJifJi~ 14_.tt.á4Ji1. but conducted
through close participation with the City's
Planninq Department t.~".Jif1.t 1t4t1414Z~JSa\éJit
ii4J1~.
C~Dt: The Community Redevelopment Agency has taken the
lead role in this planning effort. Policy C-2.2 of the CRA
Plan identifies the specific item.
. .
7. Location: Pg. III-G-33, Policy C-4.6
Poliey C-4.6 The City and the C.R.A. shall, in
FY 91/92, develop a strateqy for attracting
private and public educational institutions to
the Pineapple Grove Area e.g. art and culinary
sch091s or a branch of PBCC.
Page 32
,
Change: DBLETION
Comment: Although the economic development of the
Pineapple Grove Area is still an aim of the City and the
CRA, this specific program is no longer active. Thus, the
specific policy should be deleted.
8. Location: Pg. III-G-33, Policy C-4.9
Policy C-4.9 The following capital improvements .'
have already been identified as essential .
components of efforts and programs which are
necessary to keep the CBD a vital and competitive
commercial marketplace. These are considered as
short term (first planning period FY 90/91 to FY
95/96) capital improvements which should be a
part of any general obligation bond program which
is created.
· Phase II of the Old School Square
Project
· Parking area west of Swinton or
suitable substitutes for the O.S.S.
Project
· Veteran's Park improvement, without a
riverwalk per Recreational Element
· Phase III of Atlantic Avenue
Beautification i.e. expansion of the
beautification program east of the
bridge to the OCean
· Alleyway enhancement program
· Reconstruction of N.B. 7th Avenue
Change: RlVIIIOR
Poliey C-4.9 The following capital improvements
have already been identified as essential
coaponents of efforts and programs which are
nece..ary to keep the CBD a vital and competitive
c~rcial marketplace. These are considered as
.hort term (first planning period FY 90/91 to FY
95/96) capital improv..ent. which ahould be a
part of any general obligation bond program which
ia created.
- . , 'M'_4 XX _f tM4 ex. .t!MééX .....,t~
.té'4t!t.
, .'tJtflii 't4' w4_t. éf ..flitéli ét
_..ftaZ. ____tft...t.4_ fét t.M4 e,.,.,
.té'4t!t.
, Y4t.4t'lil_ "tJt fáfté14â4litl wftMé..t ,
tf14tw'IJt ,.t ..t!t..tféJi41 114..lit
·
Page 33
.
-
. Phase III of Atlantic Avenue
Beautification i.e. expansion of the
beautification program east of the
bridge to the Ocean
f AZZ_tw't _øM,øt_._øt ptéitâá
. Reconstruction of H.E. 7th Avenue
Comment: Old School Square Phase II, Veterans Park
Improvements, and the Alleyway Improvement Program have
been completed. The parking area on H. W. 1st Avenue has
been completed to provide parking for the Old School Square~
project.
.
.
'ag. 34
'.
.
CAPITAL IMPROVEMENT ELEMENT
1- Location: Pg. III-H-18, Policy A-1.1
Policy A-l.1 The needs for a new park in the
Southwest portion of the City and an accompanying
Fire Station shall be provided concurrent with,
or prior to, the development of Blood's Hammock
Grove.
Change: REVISION
Policy A-1. 1 The need_ for a new park in the
Southwest portion of the City _~~ _~ -~~ø.;_~tl~~
rlt~ St_tlø~ shall be addressed ;tø'lltl~tI
concurrent with, or prior to, the development of
Blood's Hammock Grove.
Comment: Fire Station '5, located on Linton Blvd. at Old
Germantown Rd. was completed in 1993. Thus, that portion of
Policy A-l.1 addressing the Fire Station is no longer
applicable.
2. Location: Pg. 111-8-24, Policy A-3.10
Policy A-3.10 In order to finance needed capital
improvements as identified in this Element and
which are most appropriately paid for from
Enterprise Funds, the City shall utilize proceeds
fro. the April 1, 1991, Water and Sewer
Enterprise Revenue Bond.
Change: DILETIOR
Comment: All projects financed by the 1991 Water and Sewer
Enterprise Revenue Bond have been completed. Thus, the
policy is no longer applicable.
.
.
'.
'8g. 35
INTERGOVERNMENTAL COORDINATION ELEMENT
1. Location: Pg. III-I-19, Policy A-2.3
Policy A-2.3 Any conflicts emanating from Policy
A-1.2 and which are not resolved prior to·
resubmission to D.C.A. shall be taken to the Palm
Beach Countywide Planning County for mediation.
(c2)
Change: REVISION
Policy A-2.3 Any conflicts emanating from Policy
A-2.1 AI-ZI" and which are not resolved prior to
resubmission to D.C.A. shall be taken to the Palm
Beach Countywide Coordination Proqram and/or the
Treasure Coast Reqional Planninq Council as
appropriate, '''Z. ø."f!M £fS_Jit#ftl4 'Z'JiJifll.
£fS_Jitt for direction and/or mediation. (c2)
Comment: The referenced policy should be 2.1, not 1.2. If
a conflict continues to exist, the first forum for seeking
resolution would be through the Palm Beach Countywide
Coordination Program to see if the conflict has a county-
wide or multi-jurisdictional implication. If so, direction
from that organization should be followed. If the item is
local in nature, it would be appropriate to seek the
mediation services which are provided through the Treasure
Coast Regional Planning Council.
':.
,
'ag_ 31
"
-
REQUIREMENTS FOR CAPITAL IMPROVEMENTS IMPLEMENTATION
l. Location: Pg. IV-12, Five Year Capital Improvement Schedule
Change: REVISION
Comment: Table IV-3, the Five Year Capital Improvement Schedule
for Projects> $100,000, has been revised to reflect the City's
Five Year Capital Improvement Plan.
.
.
"
'ag. 37
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Page 41
--
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~ . 0 0000 0 0 0000
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~ 0 0000 0 0 ClDO~O
c:I .. ~~~~ .. ~ NN~N
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Q 120 I"< Q 00 0 0 0 0 0000
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8 ~ ":. ~~ ~ 0 ":. ~ ~~~o.. ~
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eft ... 00 \0 ~... 0 CDO"'O 0
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...
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tIC:I 0 00000 0 0 0 0000000
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fOI CD 00000 CD CD 0 CDO"'O"'NN
eft \0 ... ... ... ... ...... \0 ... N N '" N N N
~ ~ r:¡
= I
M ~
: :-1 I ~ I
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> .c: 1:10
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.. ..:II JW.. 1& B B ~ ~ ¡-
!lC.. J W..~ ~ I:
ti c:c: J I:.~" I II) wO flit
... 00 ..~.. ... WW ..I: .
a.... · ....~ a~ I ....~ J~O ......
· · · :I: :a WI a ¡.c: .A: IN . .. f'iI
I:C W. I... .. ... ·
. .. ... wa~ o~..:a 8.
...... ~."..OIN 0"
I I :i~~ ~~~8~N:31 I I I I ~a! t
I: :a .":a", ac... ~ 1:10. .
. I ..I~a:a. wa I .... 11:10.. "
- I: C 1:.. a.. ......, lit
! .. .. au. >00 > a ! a w wI:", IN
w.....w....",j... ............c.~.
.... .. Q 0.. . . . ... >O.A:
...... §§t2..t....!. ~ ~ >o>o>o>o:a'....~U.
EEMir c.... ......i ...... .IIIWI.U)"OU"'"
.....o~ C'" "...~...M
w"wwS.'" "0 w"ww.A:~ C
. .. >c>o.... .. ... ....
1- ...1.A:.c:.c:".~þcJ I I ......))IQ:a.......
... .. ~~u......o..u iC iiC... . .::11.....
_. :a :a OOIl)..UC..3I1):a :a:a:a ucn.C..3 _
~age 42
'.
REVISED
.
TABLE rv-3 FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECT:> $100,000
PROJECT & FUND I FY 1993-94 I FY 1~85 I FY 1Q85.Qe I FY 188&-87 I FY 1887-81 I FY 1~9fU
1 S01 0
111. 0
'..M '00 000
, 000 10 000
, 120 '00 000
10 000 0
0 2G 500
0 , 000
0 100 000 0 0 400 000 -0
0 0 150 000 0 0 0
0 0 2'0000 0 0 0
0 0 200 000 0 0 0
0 0 0 4'5.000 0 0
0 0 0
200 000
11000
'40 000
_000
v
51 000
0
0
0
0
0
0
0
350 000
0 0 0 0
SO 000 10 10_ ID 000 50 000
0 0 0 0
1SO 000 0 0 0
0 0 0 0
124000 0 0 0
0 0 0 0
0 0 0
25,000 0 0 0 0 0
'00 000 0 0 0 0 0
0 5' 000 0 0 0
408,3OC) 170 000 0 0 0 0
51,373 . 100,000 100.000 100.000 '00.000 , 00 000
18)001 ' 100.000 100.000 '00.000 , 00000 , 00 oal
01 0 0 271 000 0
0 0 300 000 0 0
0 20C 000 2CM 0 0 0
TOT: 10' ., _ 000 $IlOO 000
Page 43
,-
-
REVISED
TABLE 1V-3 FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECT> 1100,000
PROJECT & FUNO I FY 1993-94 I FY 1984-95 I FY 19Q5-Q8 1 FY '-"07 I FY 19sa7-Qa I FY 1888-gsa ~
0 0
0 0
110 000 151 000
$2 sœ,ooo ".000
0
0 0
0 0
0 0
0 0
0 0
0 0 0 0 0
0 0 0 0 0
8CIO 000 0 0 0
0 0 0
10
t.:.-~ ~ 140aaD : ;; ;: ;; ;; ;f
.,40:000
t:.:.~ ! .,-: .:::: :::: .:::: .:::: Il1O.000 I
...- lI5O.aao
0 0 0
0
0
0
0
0 0 0
0 0 0
0
0
0
10
CS, 0
0 0 0 0 0
aaao 0 0 0 0
250 000 0 0 0 0
2G !GO 0 0 0 0
330 aao 45000 450 aao 44 500 4SO~'
TOTALS S 1.2.. 5DO aao ... aao .... 500 ~~,
STORMWATER UTILI ~ FEE
[PROJECTS LESS TH....N 1100,000 3IO~OOO T 402, !CD TO BE DETERM:NEO
. BOND CONSIDERATION: WITH ItEV1ew '" T"'E MASTER DItAlHACiE PLAN
IN ,,,. CONSIDERATION ~ ItEVENUE IOND AS OPPOSED TO ANNUAL AU.OCATION
ITOTALS S3IO aao I sa !GO J
Page 44
"
PROCEDURES FOR MONITORING AND EVALUATION OF THE PLAN
1- Location: Pg. V-I, Implementation of goals, objectives, and
policies of the elements of the plan
Immediate Needs: The following items have been
identified as items which must be addressed as soon as
possible.
1. Preparatory work for establishment of a Storm
Water Facility Fee program CIE A-2.2 , PF C-l
2. General Obligation Bond Issue program CIE A-3.9
3. Process revisions re CIE, CIP, CIB -- CIE A-4
Fiscal Year 91/92
1. Creation of "scenic street" program T B-3.2
2. Lindell , Federal Highway Redevelopment Plan LU
I C-2.6 'H B-3.1 ."
3. Enhanced street marking program T C-2.1
4. Review of street names' system T B-2.2
5. congested intersection inventory , program T
B-2.1
6. City/CRA strategy re public/private education
facilities in pineapple Grove LU C-4.6
7. City/eRA use of alleys program LU e-4.7
8. West Atlantic Redevelopment Plan LU C-2.4 , H
B-3.1
9. Germantown Road Redevelopment Plan LU e-2.5 , H
B-3.1
10. In-town shuttle, program development T A-l.3 ,
Beach shuttle transportation program OSR B-3.1
and eM B-1.l
11. Land Use Regulation for Wellfields C A-2.3 and PF
B-4.2
12. Discharge in waterways ordinance C C-2.2 , e
C-2.1 re program for termination of a/c discharge
13. Rezoning industrial land in Wellfield Protection
Zona .3 of Series 20 Wellfield LU B-l.2
14. CitY/CRA Atlantic Avenue governmental complex
strategy LU C-3.5
15. Post disaster redevelopment program preparation
CM D- 3
. 16. Resolve FIND property status/disposition CM e-4.1
. , 4.2
17. Community Residential Hoae amendment to the LDR's
H A-5.ll
18. Wellfield protection expansion to l' drawdown
area e-2.2
19. Rezoning of wellfield protection zones .1 , .2 PF
8-4.3
20. City/~RA marketing strategy LU C-3.5
21. Neighborhood Information Exchange Program H A-I
Page 45
.
22. Pineapple Grove neighborhood plan LU C-4.8
Fiscal Year 92/93
l- East of Woods of Southridge Redevelopment Plan H
B-3.1
2. Mooring facilities study CM C-6.5
3. Study re ways to accommodate staffing increases.
PF D-3.1
4. Creation of "scenic street" program. T B-3.2
5. Silver Terrace Redevelopment Plan LU C-2.7
6. Report re mitigation of impacts of point source
pollution PF A-1
7. Report re mitigation impacts of non-point source
pollution PF A-2
8. Alternatives re canal recharge/storage PF B-2.1
9. Public information exhibits PF F-l
10. Pole' obstruction removal program. T C-2.2
1I. C.B.D. Development Plan LU C-4.3
12. Program. for reuse of effluent discharge and
addressing termination of ocean discharge PF
A-1.2
13. Sewer Master Plan, revision. , update PF C-1
14. Enhanced Code Enforcement Program. powers H A-S.3
15. "Rehabilitation Strategy" Program. development H
B-2.3
16. Lake Ida Shoreline Protection Program. C B-3.2
17. Intracoa.tal Shoreline Protection Program. C B-3.3
18. Seawall ordinance review and modification CM
D-4.2
19. Funding program. developed for the cemetery
expansion. PF D- 2 . I.
20. Hou.ing revolving loan fund program. development H
A-S.1
2I. Rezoning of wellfield 20 area LU B-1.2
22. Intergovernmental agreement with the County re
land u.e in annexation area LU B-3.3
23. Co..enc. annexation program. LU B-3.4
24. Report re collection and dispo.al of "wastes" PF
A-3
25. Alternative re WWTP di.charge for irrigation PF
8-2.1
2.. Water con.ervation (forced) program. PF B-3.1 ,
program. expan.ion C A-4.2
27. Snorkel Park Study CM C-6.4
. 28. Obtain rights to land for "re..rve" w.llfield LU
. 8-1. 3, PP 8- 2 . 4
29. Cro.. dune beach ace... .tudy CM A-1.S
Fi.cal Y.ar 93/94
I. Evaluation and Apprai.al Report
2. As......nt of u.er fe.. OSR A-3.2
'age 41
'.
.
3. Linton/S.W. 4th Avenue Redevelopment Plan LU
C-2.8a and H B-3.1
4. Redevelopment Plan, area south of the CBD H B-3.1
& LU C 2.9
7. Assessment of environmental impact of concrete
plants C A-3.4
Change: REVISION
latl\étlf4té lféétllØ' 2'Ké taSll.hfflii fté" K41é )sééli ,
ftlélitftfétl 4IØ fté" wKftK .~lØt )sé 4t1t1télØlØétl 4IØ lØaSaSJi 4. :
;as..U~lé'
XI 'té;4t4taStt waStX taSt élØt4)slflØKI\éJit aSt 4 StlSta\
W4tét r4tflftt réé ;taSitáá ~XI A~2'2 , ,r ~~X
21 Ø4Jiét41 0)slfi4tflSJi laSJitl XIØIØ~é ;tlSit4â ~ll Af3/'
31 'tlSté.. té1f.fISJi. té ~ll' ~l" ~ll ~~ ~ll A~'
Fiscal Year 91/92
1. Creation of "scenic street" program T B-3.2
2. Lindell & Federal Highway Redevelopment Plan LU
C-2.6 , H B-3.1
3. Enhanced street marking program T C-2.1
4. Review of street names & system T B-2.2
5. Congested intersection inventory & program T
B-2.1 '
6. West Atlantic Redevelopment Plan LU C-2. 4 & H
B-3.1
7. Germantown Road Redevelopment Plan LU C-2.5 & H
B-3.1
8. In-town shuttle, program development T A-1.3 &
Beach shuttle transportation program OSR B-3.1
and CM B-1.1
9. Resolve FIND property status/disposition CM ~~'Il
, 4.2
10. Co..unity Residential Home amendment to the LDR's
W A-5.ll
11. .eighborhood Information Exchange Program H A-1
.1 eft.t/eu. .t.t4t.éit té ;~»lft/;tf14t.é étl~t4tflSft
t4tflft.fé. fli 'fJié4;;lé CtlS1é IV ~~'I'
7J ett.tleu. ~.é 1St 411ét. ;tlSit4á IV ~~'/7
X1.1 ~~tI V.é Ré~14t.fe~ tet Wélltféltl. ~ A~2/3 4Jitl "
1-I-'J2
. 131 Ré~e~flii flitl~.t.tf41 14litl fli Wélltféltl 'tet.étt.flSft
. Zelié '3 et Sétfé. 21 Wélltféltl IV 1~I/2
1.1 eft.t/eu. At.Z4lit.ft A1é~~é i.1ét~é~t4Z t..;Zé~
at.t4t.éit IV e~J/J
XII Wélltféltl ;tet.étt.feli é~;41i.feli t.e II tlt4wtleWJi
4té4 A-I-2/2
1'1 Ré~eliflii et wélltféZtI ;tlSt.étt.feli ~elié. 'I , '2 "
I~'/J
211 ~ft.t(eu. ~rXét.fJii at.t4t.éit IV e~J/J
Page 47
.
Fiscal Year 92/93
1- East of Woods of Southridge Redevelopment Plan H
B-3.1
2. Study re ways to accommodate staffing increases.
PF D-3.1
3. Silver Terrace Redevelopment Plan LU C-2.7
4. Report re mitigation of impacts of point source
pollution PF A-1
5. Report re mitigation impacts of non-point source
pollution PF A-2
6. Public information exhibits PF F-1
7. Pole' obstruction removal program T C-2.2
8. C.B.D. Development Plan LU C-4.3
9. Sewer Master Plan, revisions , update PF C-1
10. Enhanced Code Enforcement Program powers H A-5.3
11- "Rehabilitation Strategy" Program development H
B-2.3
12. Seawall ordinance review and modification CM
D-4.2
13. Housing revolving loan fund program development H
A-5.1
14. Report re collection and disposal of "wast.s" PF
A-3
15. Snorkel Park Study CM C-6.4
16. Discharge in waterways ordinance C C-2.2 , C
C-2.1 re program for termination of alc discharge
17. Post disaster redevelopment program preparation
CM D-3
18. Pineapple Grove neighborhood plan LU C-4.8
19. Complete Tennis Center LU C-3.6
20. Drainage Master Plan PF £-1.1
21- Amend CBD zone district to accommodate 30 DUlAc
LU A-5.13
22. Amend CBD zone district to accommodate industrial
and comm.rce uses LU A-5.14
21 Meetfá' f'tfZftf4_ _t~4t eM e~'/J
.1 et44tfeá ef 1_t4áft _tt44t1 ;te,t4á T 1~3'2
" Alt4tá4tft4_ t4 t'á'l t4tM4t'41_tet"4 ,r 1~2'Z
1.1 1414 144 .Met41fá4 'tet4ttfeá ,teft4á e
I~J'2
1.1 ~~fá' ;te,táå 44t4Zepe4 fet tM4 t4.4t4tt
4~á_feá' ,r 1~2'%'
211 14teáfá' ef ~411ff4Z4 21 't4' IV 1~%'2
221 láI4t,et4tftá4át'l "t44á4át _ftM tM4 ee~átt t4
. l'á4 ~_4 fá 'ftft4~'tfeá 't4' IV 1~3'3
. 211 Al14tá'tft4 t4 WWT' 4f_tM't'4 fet fttf'4tfeá ,r
1~2'%
_ 2" .'14t teá_4tt4tfeá (fett44' ;teft4â " I~J'Z ,
;te,t4â 4~;4á_feft e A~"2
21' .»14fft tlfHt_ te 14á. fet 1t4_4tt4' _411fl_l. zø
%'JI " 1~2"
2.1 et.__ .~ft_ '-4tH ,tt___ _t~4t eM A~I'J
"
'age 48
'f
.
Fiscal Year 93/94
1- Assessment of user fees aSR A-3.2
2. Linton/S.W. 4th Avenue Redevelopment Plan LU
C-2.8a and H B-3.1
3. Redevelopment Plan, area south of the CBD H B-3.1
& LU C 2.9
4. Assessment of environmental impact of concrete
plants C A-3.4
5. Intracoastal Shoreline Protection Program C 8-3.3
6. Commence annexation program LU B-3.4
7. Feasibility study for wastewater effluent reuse
by groundwater recharge PF B-2.1 & C A-4.7b
Fiscal Year 94/95
1- Leon Weekes Interpretive Trail C B-1.3
Fiscal Year 95/96
1. Evaluation and Appraisal Report
Comment: The projects list is revised to account for
projects and programs that have been completed, eliminated
or rescheduled ' in previous ..enc:IJDents of in the current
amenc:IJDent.
.
.
T.\Advanced\94-1
"
.ag8 41
.
M E M 0 R AN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
AGENDA ITEM * ~. H . - MEETING OF NOVEMBER 1. .
SUBJECT: 1994
FIRST READING FOR ORDINANCE NO. 91-94/ALARM SYSTEMS
DATE: OCTOBER 27, 1994
This is first reading for Ordinance No. 91-94 which repeals our
existing alarm systems ordinance in its entirety and enacts a new
Chapter 112, "Alarm Systems", to provide for updated procedures and
fees relative to the regulation of alarm systems in the city. The
attached memorandum from staff outlines the main points of the
proposed ordinance.
Recommend approval of Ordinance No. 91-94 on first reading. If
passed, second reading and public hearing will be held on November
15, 1994.
9~~A-L~þJ
~þ- ~J~drde-
~iu Isr ~
!d 1/ //5/ 9Lj
6'-0
ref:agmemo7
,
· .
.
,
MEMORANDUM
TO: DAVID HARDEN, CITY MANV
THRU: ROBERT REHR, FIRE C~
FROM: MICHAEL CATO, DMSION CHIEF ~
DATE: OCTOBER 27, 1994
SUBJECT: PROPOSED REVISED ALARM ORDINANCE
The City Ordinance currently in effect was intended to reduce false alarms by providing a fee for
excessive false alarms, Since the adoption, the Ordinance has failed to reduce false alarms because
there is no previsions to require any corrective action by the owner of the alarm system. The revised
ordinance was modeled after a nationally recognized false alarm ordinance which was a result of a
study on the causes of false alarms by a "Special Ad-Hoc Committee" from the City of Sarasota,
Florida. In summary, the revisions presented for Commission action include the following:
1. Registration of all alarm systems except motor vehicles, mobile conveyances or equipment;
or alarms which are not intended to be heard outside the premises. This registration requires a fee to
cover the cost by the City on an annual basis, Each registration will include the issuance of a decal
which is required to be posted in a prominent location visible trom outside the structure.
2. The alarm user is to report changes to required information provided on the registration of
alarm systems.
3, The alarm user has a duty to provide access to Fire or Police and render assistance for
investigation and deactivation of alarm systems
4. Upon notification by Fire or Police of a false alarm, the alarm user shall return to the
responding agency an "Affidavit of ServicelRepair" by an alarm technician that a bona fide attempt
has been made to identify the cause of malfunction and appropriate corrective action was taken,
5. Changes the period of one month to one year for excessive false alarms and increases the
fees charged for excessive false alarms or alarm malfunctions,
6. Provides authority to disconnect non-required alarms for failure to comply or take
corrective action to prevent further false alarms.
7, Provides for appeal and for due process and enforcement authority by the Code
Enforcement Board of the City.
.
,
ORDINANCE NO. 91-94
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
XI, "BUSINESS REGULATIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRA Y BEACH,
FLORIDA, BY REPEALING CHAPTER 112, "ALARM
SYSTEMS", IN ITS ENTIRETY, AND ENACTING A NEW
CHAPTER 112, "ALARM SYSTEMS", TO PROVIDE FOR
THE REGULATION OF ALARM SYSTEMS WITIßN THE
CITY OF DELRAY BEACH; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE,
WHEREAS, the City Commission of the City of Delray Beach, Florida,
finds that a high incidence of false alarms and/or malfunctions causes a significant misuse
of the manpower and resources of the Police and Fire Departments by causing the
dispatch of units to the scene of a false alarm or alarm malfunction, thereby rendering units
out of service and unavailable to respond to legitimate emergency situations; and
WHEREAS, the City Commission finds that the continued high incidence
of false alarms and/or malfunctions are a threat to the health, safety and welfare of the
citizens of the City ofDelray Beach; and
WHEREAS, reasonable regulation of all alarm systems and their users
should result in a significant decrease in false alarms with a resultant savings in public
resources; and
WHEREAS, the City Commission finds that the revision of current
procedures and fees for multiple false alarms and malfunctions would serve the public
health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title XI, "Business Regulations", Chapter 112, "Alarm
Systems", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby
repealed in its entirety, and a new Chapter 112, "Alarm Systems", is hereby enacted to
read as follows:
CHAPTER 112: ALARM SYSTEMS
. GENERAL PROVISIONS
Section 112.01 SHORT TITLE.
This chapter shall be known and cited as the "Alarm Systems Ordinance. "
Ord. No. 91-94
.
Section 112.02 PURPOSE.
This chapter is enacted to provide minimum standards and regulations
applicable to alarm systems, and alarm users. Both society in general and public safety in
particular will be aided by providing a useful and usable system of private security or fire
response which properly balances quick response by the Police and Fire Departments with
minimization of public resources spent on alarms which are false or otherwise not the
intended function of such systems,
Section 112.03 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning:
" ALARM". The sound or signal of an alarm system,
"ALARM MALFUNCTION". The activation of any alarm which results
in the response of the Police Department or the Fire Department, caused by mechanical
failure, malfunction, improper installation or lack of proper maintenance or any other
response for which Police or Fire Department personnel are unable to gain access to the
premises for any reason, or are unable to determine the apparent cause of the alarm
activation.
"ALARM REGISTRATION". A registration issued by the City
Manager or his designee allowing the operation of an alarm system within the City of
Delray Beach and signifying compliance of the alarm system with the provisions of this
chapter.
"ALARM SYSTEM". Any mechanical, electrical or radio- controlled
device which is designed for the detection of smoke, fire, unauthorized entry or other
activity requiring urgent attention, and which when activated emits a sound or transmits a
signal or message beyond the premises to alert others of an emergency situation,
"ALARM TECHNICIAN". Any person who inspects, installs, repairs or
performs maintenance on alarm systems and is licensed by the State of Florida or works
under a State licensed alarm contractor.
"ALARM USER". Any individual, partnership, corporation or other
entity in control of any building, structure, facility or premises, or portion thereof, where
an alarm system is located and maintained.
. "AUTOMATIC TELEPHONE DIALING DEVICE OR DIGITAL
ALARM COMMUNICATOR". An alarm system which automatically transmits a
recorded message or coded signal over regular telephone lines by direct connection or
otherwise, indicating the existence of the emergency situation that the alarm system is
designed to detect.
2 Ord. No. 91-94
'.
·
"ENFORCEMENT OFFICIAL". As to securitytburglar alarm systems,
the Chief of Police or his designated representative; as to fire alarm systems, the Fire Chief
or his designated representative.
"FALSE ALARM". An alarm for which a governmental agency has
made an inspection of the premises within a reasonable time after the activation of an
alarm and finds no apparent reason for the alarm except a possible alarm malfunction, or
an activation falsely indicating that an emergency exists, An alarm is not considered a
false alarm if the alarm is activated by unusually violent conditions of nature or due to
malicious causes beyond the control of the alarm user,
~ \'t'«\g cl
"REGISTRATION". On an annual basis, the period from October 1st to
the 30th day of September of the next year.
"PREMISES". Any building, structure or facility and adjoining property
which is protected by and upon which is installed an alarm system.
"REOUIRED OPERATIVE ALARM SYSTEM". An alarm system
which the owner of a premises is required to maintain in an operative condition pursuant
to statute, law, ordinance, rule or regulation of any governmental entity.
"SMOKE DETECTOR". A device which detects the visible or invisible
particles of combustion.
Section 112.04 PROHIBmONS.
(A) No person, partnership, corporation or other entity shall use or
cause to be used any automatic telephone dialing alarm device or digital alarm
communicator system over any telephone lines exclusively used by the public to directly
request emergency service.
(B) Audible securitytburglar alarm systems which do not automatically
deactivate within thirty (30) minutes after activation are prohibited.
(C) Fire alarm systems which automatically deactivate are prohibited,
(D) Alarms which activate in the event of a power restoration after a
power failure are prohibited.
Section 112.05 EFFECT ON FIRE CODES.
-
Nothing herein shall be construed as repealing or modifying any provisions
of the applicable fire codes, and to the extent that the provisions of this chapter conflict
with applicable fire codes, those fire codes shall control.
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Section 112.06 EXEMPTIONS.
The provisions of this chapter shall not apply to:
(A) Alarm systems affixed to motor vehicles, mobile conveyances or
equipment; or
(B) Alarms which are not intended to be heard outside the premises.
REGULATION OF ALARM SYSTEMS
Section 112.20 ALARM REGISTRATION REOUIRED: FEE: TERM OF
REGISTRATION: NONTRANSFERABLE.
(A) (1) It shall be unlawful for any person to install, operate or
maintain an alarm system without a valid alarm registration, Any new system shall be
required to have a sepearte installation permit.
(2) For any alarm system existing prior to the effective date of
this chapter, an alarm registration application shall be made within ninety (90) days of the
effective date hereof. A person with an installed alarm system without a registration ITom
the city shall be issued a notice of violation and that person shall have ten (10) days ITom
the date of the notice of violation to make application for the registration, If application
for an alarm registration is not made within ten (10) days of the notice of violation, the
person shall be in violation of this section and shall result in a late charge of fifty dollars
($50,00) or an appearance before the Code Enforcement Board,
(B) A registration fee of twenty-five dollars ($25.00) shall be charged
the alarm user by the city for each alarm registration issued. The registration fee shall not
be prorated based upon when, during the registration period, the alarm registration
application is made or the fee is paid.
(C) Alarm registrations must be renewed each year and shall be in effect
ITom October 1st to the 30th day of September of the next year, A renewal registration
will be issued after completion of an application form and payment of a fifteen dollar
($15.00) renewal fee.
(D) Applicants having more than one alarm system protecting two or
more separate structures shall be required to obtain separate alarm registrations for each
structure, unless the structures are protected by the same alarm system.
. (E) Any alarm registration issued pursuant to this chapter shall not be
transferable or assignable. Any change in ownership of residential or commercial property
to which an ~arm registraton is assigned shall require a new registration application and a
fee of twenty-five dollars ($25.00).
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Section 112.21 APPLICATION FOR ALARM REGISTRATION: REPORTING
CHANGES TO REOUIRED INFORMATION.
(A) Application for an alarm registration shall be made by a person
having control over the property on which the alarm system is to be operated, Such
application shall be made in writing to the Chief Building Official on a form designated by
the city for that purpose. Each application shall be accompanied by a registration fee of
twenty-five dollars ($25.00).
(B) On such application, the applicant shall set forth:
(1) The name, address and telephone number of the applicant's
property to be serviced by the alarm, including any business name used for the premises,
(2) The name, address and telephone number of the applicant, if
different ITom the property to be serviced,
(3) The make and type of the alarm system.
(4) The name, address and telephone number of the alarm
business installing or maintaining the alarm system, if any.
(5) The date of activation of the alarm system.
(6) Emergency Notification. The names, addresses and
telephone numbers of at least two (2) persons or entities who can be contacted at any time
for the following purposes:
(a) To receive notification of alarm activation;
(b) To arrive at the alarm site within thirty (30) minutes
after receiving a request ITom the Police Department or Fire Department to do so; and
(c) To grant access to or enter the premises and
deactivate the alarm system.
(C) The information set forth in subsection (B) shall be kept current by
the registration holder, and the registration holder shall notify the Police
Department/Communications Center within ten (10) days of any changes in this
information. Failure to so notify shall constitute a violation of this chapter and shall result
in a late charge often dollars ($10,00).
.
(D) Immediately upon receipt of a registration and prior to the
activation o( any alarm system, the Chief Building Official or his designee shall forward a
copy of the application to the Police Department/Communications Center.
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SECTION 112.22 DUTY OF PERSON NOTIFIED TO PROVIDE ACCESS TO
PREMISES. RENDER ASSISTANCE.
Any person who is notified by any member of the Police Department or
Fire Department of the activation of an alarm system and who is able to give access to the
alarm site shall come to the alarm site within thirty (30) minutes of the time such person is
notified of such activation and shall provide the Police and/or Fire Department any
necessary access or assistance. Failure to respond as provided shall be grounds for and
result in the city taking reasonable action to deactivate the alarm as provided in Section
112,28 and, if applicable, to suspend or revoke an alarm business authorization as
provided in Section 112.44.
Section 112.23 ISSUANCE OF ALARM REGISTRATION: DECAL REOUlRED.
(A) An alarm registration shall be issued by the Chief Building Official
upon receipt of a completed application and payment of the $25.00 registration fee,
(B) The Chief Building Official or his designee may inspect the alarm
equipment and planned installation and may require the submission of additional and
specific information.
(C) Each alarm registration holder shall be issued a decal which shall
contain the alarm user's registration number. This decal must be prominently posted at or
near the front entrance of the premises covered by the registration so that the decal is
visible from the outside of the structure,
(D) An application for an alarm registration may be denied if:
(1) The requested information is not supplied on the application
or such additional information as required is not furnished.
(2) Material information on the application is incorrect, or an
applicant falsifies any statement on the application.
(3) If the equipment is found to be inferior and not capable of
proper performance.
Section 112.24 APPEAL OF DENIAL OF REGISTRATION.
Any applicant who is denied an alarm registration may request, in writing, a
hearing before the City Manager or his designee within fifteen (15) calender days of
receipt of the denial. The City Manager or his designee shall hold a hearing within a
reasonable time of receipt of the written request. After taking into consideration all
relevant facts and circumstances, the City Manager or his designee may either affirm the
denial or order the Chief Building Official to issue the alarm registration in writing. Such
decision shall be mailed to the applicant by regular mail.
6 Ord. No. 91-94
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Section 112.25 FALSE ALARMS PROHIBITED: EXCEPTIONS.
(A) No person shall intentionally activate an alarm system for any
purpose other than an emergency or threat of emergency of the kind for which the alarm
system was designed to give notice,
(B) No alarm system shall be tested or demonstrated without first
notifying the Police Department or Fire Department and receiving permission trom the
appropriate enforcement official,
Section 112.26 RESPONSE TO ALARM: ALARM USER RESPONSIBILITY:
ALARM MALFUNCTION AND CORRECTIVE ACTION.
(A) A response to an alarm activation shall result when any officer or
member of the Police or Fire department shall be dispatched to the premises where the
alarm has been activated or learns of the activation of the alarm system( s), by any means
whatsoever, and responds thereto by traveling to that premises.
(B) After responding to an alarm activation, the enforcement official
shall notify any person identified in the alarm registration application pursuant to Sec.
112,21 of the activation of the alarm system and such person shall thereupon travel to the
premises to ascertain the status thereof Should the person notified fail to appear at said
premises within thirty (30) minutes after being notified to do so, the City shall charge the
alarm user a fee of seventy-five dollars ($75.00), The officer or member of the Police
Department or Fire Department who responded to said premises shall serve the alarm user
or authorized representative with an "Alarm Activation Report" .
(C) In the event of an alarm activation deemed by the enforcement
official to be a false alarm as the result of an alarm malfunction, the alarm user or
authorized representative will be served an "Alarm Activation Report" indicating that the
activation was deemed to be the result of a malfunction, and requiring the alarm user or
authorized representative to return a completed "Affidavit of ServicelRepair" within thirty
(30) days of said alarm activation which can verify to the satisfaction of the enforcement
official that the alarm system in question has actually been examined by an alarm
technician and that a bona fide attempt has been made to identify and correct any defect of
design, installation or operation of the alarm system which was identifiable as the cause of
the alarm malfunction. Failure to return an "Affidavit of ServicelRepair" within said
fifteen day period which is satisfactory to the enforcement official will result in a
disconnection per Section 112.28 or enforcement action in the event of a reqiuired Fire
Alann Sy!¡tem per F,S. 633.025(3).
Section 112.27 MULTIPLE ALARM MALFUNCTIONS OR FALSE ALARMS
DECLARED A PUBLIC NUISANCE: FEE CHARGES.
(A) It is hereby found and determined that the emission of more than
7 Ord. No. 91-94
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three (3) false alarms within a single registration period at the same premises is excessive
and constitutes a public nuisance.
(B) No fee shall be assessed for the first three (3) false alarms at the
same premises responded to by the Police Department or the Fire Department during each
registration period, Thereafter, the following fees shall be paid by the alarm user for each
false alarm responded to by the Police Department or the Fire Department at the same
premises during each registration period,
Number of False Alarms or Alarm Malfunctions Fees
Fourth, , . . . . . , . . , . , . , . , . . . . . . . . . . . . . . . , . . , . . . $ 50,00
Fifth . , , . . , . . , . . . . . . , , . , , , , . , , . , , . , . . , . . , . . . , . 100.00
Sixth . , . , . . . . . . . , . . , . , . , , . . . . . . , . . , . . . . . . . , . " 100,00
Seventh and above '. , . . . .. , . . , , , . . . . , . , . , . , .. . . " 200.00 each
(C) Once a false alarm or alarm malfunction has been responded to by
the Police Department or the Fire Department, it shall be unlawful for the alarm panel to
be reset by the alarm user or authorized representative, until the authorization of the
enforcement official has been obtained.
(D) Should any fee assessed pursuant to this chapter remain unpaid in
excess of 120 days from the date the charge is billed, a collection fee in the amount of
eight percent (8%) of the outstanding balance shall be assessed and shall be payable by the
alarm user in addition to the original fee. The alarm user shall also be responsible for any
legal fees or costs incurred by the City ofDelray Beach in enforcement of this chapter,
Section 112.28 DISCONNECTION OF ALARM SYSTEM.
(A) Except for premises protected by a required operative alarm
system, either of the Police Department or Fire Department enforcement officials are
authorized to order the disconnecting or deactivation of any alarm system, by written
notice to the alarm user at the premises wherein an alarm system is installed, for any of the
following reasons:
(1) Failure to meet all requirements provided for in this chapter
within thirty (30) days of the charging of the fee~ or
(2) Failure of the alarm user to provide a written "Affidavit of
Service/Repair" required by this chapter~ or
. (3) A false alarm or alarm malfunction at a premises for which a
fee is charged pursuant to this chapter is the result of the failure of the alarm user to take
corrective action to eliminate the cause of the false alarm; or
(4) The failure of a person notified pursuant to this chapter to
appear within thirty (30) minutes after being notified to respond, if such failure to timely
8 Ord. No. 91-94
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appear occurs four or more times within a registration period.
(B) The written notice to disconnect or deactivate shall be mailed to the
alarm user, by certified mail, and shall specify the date on which the alarm user shall be
required to disconnect or deactivate the alarm system, which date shall be at least fifteen
(15) days following the date of mailing of the notice. The alarm user may appeal the order
of the enforcement official pursuant to Section 112.29.
Section 112.29 APPEAL.
An alarm user to whom a notice to disconnect or deactivate an alarm
system was mailed, pursuant to Section 112,28, shall be entitled to appeal the order of the
enforcement official to the City Manager or his designee. An appeal must be in writing,
stating the reasons why the order to disconnect or deactivate should be withdrawn, and
shall be made within fifteen (15) days of the date of receipt of the notice to disconnect.
The City Manager or his designee shall review the facts and circumstances and shall
determine whether the alarm user has shown good cause why the order should be
withdrawn. The City Manager or his designee shall notify the alarm user of the decision in
writing. If the City Manager or his designee affirms the order to disconnect or deactivate
an alarm system, the alarm user shall have five (5) days following mailing of the written
decision of the City Manager or his designee within which to comply with the order, The
appeal of an order to disconnect or deactivate shall suspend the effective date of the order
until the appeal has been acted upon by the City Manager or his designee.
Section 112.30 FAILUlΠTO DISCONNECT OR UNAUTHORIZED
RECONNECTION OF ALARM SYSTEM.
It shall be unlawful for any person to fail to disconnect or deactivate an
alarm system which has been ordered disconnected or deactivated pursuant to Section
112.28, including those situations in which the City Manager or his designee affinned the
order to disconnect or deactivate; and it shall be unlawful for any person to reconnect an
alarm system which has been disconnected or deactivated pursuant to the order of the
enforcement official, unless reconnection of the alarm system is authorized pursuant to
Section 112.31. Any person violating the provisions of this section shall be subject to
penalties provided for in Section 112,99, the penalty being cumulative to other
admini$trative remedies provided for in this chapter,
Section 112.31 RECONNECTION OF ALARM SYSTEMS.
Any order to disconnect or deactivate an alarm system may be rescinded by
either the Police Department or Fire Department enforcement official upon a finding by
said enforcement official that the alarm user has taken corrective action which it is
reasonable to conclude will remedy the cause of the false alarms or alarm malfunctions at
the premises: In making a request for such a rescission, the alarm user shall have the
burden to show what corrective action has been taken and that same is sufficient to
support a finding that the cause of the false alarms or alarm malfunctions has been
9 Ord. No. 91-94
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remedied. The enforcement official shall have the right to inspect the alarm system and
test same prior to rescinding the order to disconnect or deactivate. Before any
reconnection af an alarm system, after the order to disconnect said system, a reconnection
fee of fifty dollars (S50.00) shall be assessed. The enforcement official shall not rescind an
order to disconnect or deactivate if the alarm user has failed to pay any fee charged
pursuant to this chapter.
Section 112.32 NEWLY INSTALLED ALARM SYSTEMS.
The provisions of this chapter relative to false alarms shall not apply to any
newly installed alarm system for a period of sixty (60) days trom the date of the activation
of that alarm system, but shall apply trom and after the expiration of the initial sixty (60)
day period following activation. The time limit provided for in this section shall be
measured trom the date shown on the application for alarm registration required by
Section 112,21(B)(5), The exemptions set forth in this section shall not apply to any
person who has failed to comply with Section 112,20.
ADMINISTRATION AND ENFORCEMENT
Section 112.50 NONCOMPLIANCE WITH PROVISIONS.
In addition to the violations specifically set forth herein, any noncompliance
with the provisions of this chapter shall be decreed a violation of this chapter, punishable
as provided herein.
Section 112.51 ENFORCEMENT THROUGH CODE ENFORCEMENT BOARD.
The enforcement official may initiate action before the Code Enforcement
Board of the city to obtain compliance with this chapter and payment of service charges or
fines assessed by the city pursuant to the provisions of this chapter. The Code
Enforcement Board shall have the authority to place a lien against the premises served by
an alarm system in the amount of all assessed service charges and fees.
Section 112.52 ALARM SYSTEM OPERATIONS.
The City, its officers, employees and agents, shall not assume any duty or
responsibility for the insta1latio~ maintenance, operatio~ repair or effectiveness of any
privately owned alarm system, those duties or responsibilities being solely those of the
alarm user. Additionally, it shall be the responsibility of the alarm user to silence an
activated alarm and thereafter reset same,
.
Section 112.53 LIMITATION OF LIABILITY.
The City, its officers and agents shaH not be under any obligation or duty to
an alarm user or to any other person hereunder by reason of this ordinance. The City
specifically disclaims liability for any damages which may be caused by failure to respond
10 Ord. No. 91-94
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to an alann. Nothing herein shall be deemed to waive any immunities granted pursuant to
Section 768.28, Florida Statutes.
Section 112.54 REMEDIES TO BE CUMULATIVE.
The remedies of the city provided in this chapter shall be cumulative with
each other and other remedies existing according to law,
Section 2, That all ordinances or parts of ordinances in conflict herewith
be, and the same are hereby repealed.
Section 3. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof
as a whole or part thereof other than the part declared to be invalid.
Section 4, That this ordinance shall become effective ten (10) days after its
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of ,1994.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
.
11 Ord. No. 91-94
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