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02-09-93 Regular . . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - FEBRUARY 9. 1993 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments. However, as a general rule, the order of presentation shall be as follows: City Staff, comments by the public, Commission discussion and official action. City Commission meetings are business meetings and as such, the Commission retains the right to limit discussion on any issue. In most cases remarks by an individual will be limited to three minutes or less (10 minutes for group presentations). The Mayor or presiding officer may adjust the amount of time allocated at his/her discretion. 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, those individuals wishing to address public hearing and/or non-agendaed items should complete the sign-in sheet located on the right side of the dais. If for some reason you are not able to complete the sign-in sheet prior to the start of the meeting, you will not be precluded from addressing 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 make your comments, kindly 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, for the record, your name and address. All comments will be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred from speaking further to the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by majority vote of the Commission members present. . . ~ ~ City Commission Regular Meeting 2/9/93 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 does not provide or 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: Regular Meeting of January 26, 1993 6. Proclamations: A. Pythian Founders Day - February 19, 1993 -Atlantic Lodge #217 -Boynton-Delray Lodge #206 B. Shrine Hospital Days - February 18 through 28, 1993 C. Calling for First Nonpartisan Election - March 9, 1993 D. Calling for Special Election - March 9, 1993 7. Presentations: A. Annual Financial Report by Joseph Safford, Finance Director 8. Consent Agenda: City Manager recommends approval. A. WAIVER OF LANDSCAPE REOUIREMENTS: Approve a request for waiver of the perimeter landscape requirements for a vehicle repair facility within Ninth Street Plaza, located on the southwest corner of S.E. 9th Street and S.E. 6th Avenue. B. MUTUAL AID AGREEMENT/PALM BEACH COUNTY SHERIFF: Approve a mutual aid agreement with the Palm Beach County Sheriff which -2- . . . City Commission Regular Meeting 2/9/93 provides~or mutual assistance during law enforcement emergencies which cross jurisdictional lines within Palm Beach County. C. AGREEMENT WITH SUN BANK: Approve an agreement with Sun Bank which regulates the procedures for the transfer of funds. D. APPROVAL OF USER AGREEMENT WITH FLORIDA DEPARTMENT OF LAW ENFORCEMENT: Approve an agreement with the Florida Department of Law Enforcement which allows the City's Police Department to receive information from the Florida Crime Information Center and the National Crime Information Center. E. AGREEMENT WITH DELRAY SUMMIT: Approve an agreement with Delray Summit with regard to removing the parking area on the north side of Lowry Street. F. DONATION TO THE ,DRUG ABUSE FOUNDATION: Approve the donation of $10,000 to the Drug Abuse foundation for the relocation and expansion of their half-way house facility; with funding from Federal Forfeiture Assets Fund (Account No. 115-2112-521-49.90). G. INITIATION OF ALL AMERICA CITY APPLICATION: Authorize staff to initiate the application for the All America City Award for Community Progress and Improvement through Citizen Action, Effective Organization, and Inter-Sectorial Cooperation. H. DENIAL OF SETTLEMENT OFFER: Deny an offer in the amount of $75,000 to settle Hollis v. City of Delray Beach. I. RESOLUTION NO. 15-93: A resolution objecting to a proposed 1k- State-wide rate structure and territorial dispute jurisdiction of . the Florida Public Service Commission over governmental water and sewer systems. J. RESOLUTION NO. 13-93: A resolution assessing the cost for abatement action necessary to remove nuisances from 23 properties located within the City. K. RESOLUTION NO. 14-93: A resolution assessing the cost for abatement action necessary to remove nuisances from 25 properties located within the City. L. AWARD OF BIDS AND CONTRACTS: 1. Housing Rehabilitation - 202 S.W. 15th Avenue - Preston Construction in the amount of $17,170 with funding from CDBG Housing Rehab (Account No. 118-1963-554-49.19). 2 . Housing Rehabilitation and Relocation of Structure - 41 S.W. 12th Avenue - LaPlant - Adair (moving) in the amount of $18,500 and Intercontinental Construction (rehab) in the amount of $14,296; with funding from CBDG Housing Rehabilitation (Account No. 118-1963-554-49.19). -3- .. . . City Commission Regular Meeting 2/9/93 3. Brass Risers (term contract) - Environmental Services - Ferguson Underground, Inc. in the estimated amount of $20,200 with funding from Water and Sewer - Water Maintenance General Operating Supplies (Account No. 441-5143-536-52.20) and Water and Sewer Renewal and Replacement Meter Placement Program (Account No. 442-5178-536-61.81). 9. Regular Agenda: ~. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS OARDS: 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 January 25, 1993 through February 5, 1993. ~. REOUEST FOR CONDITIONAL USE APPROVAL: Consider a request for onditional use approval to establish a specialized service shop and/or a full service vehicle repair facility within the Ninth Street Plaza located on the southwest corner of S.E. 9th Street and S.E. 6th Avenue. /- Commission ~ DELRAY AFFAIR: Declare support for the Delray fair to be held April 16, 17 and 18, 1993 and consider their request for staff support, use of City facilities, trash collection and street barricading. ~ DRUG TASK FORCE FINAL REPORT: Consider authorizing staff to eate an advisory board to address the issue of drug problems within the community and directing staff to proceed with the recommendations under items A and B, Leadership of the report. I~ CONSIDERATION OF FUNDING SOURCE/BOYS AND GIRLS CLUB REOUEST: C nsider a funding source to provide a $100,000 grant to the Boys and Girls Club. J ~ . LANDSCAPE MAINTENANCE FOR BEAUTIFICATION AREAS: Determine ether to award the bid for landscape maintenance for the beautification areas to the low bidder ( s ) or to direct staff to perform these functions in-house. ~ GOLF COURSE CLUBHOUSE: Consider authorizing staff to proceed th the design portion of the Golf Course Clubhouse proposal. ~ LETTER TO PALM BEACH COUNTY SCHOOL BOARD: Consider sending a tter to the Palm Beach County School Board with regard to Elementary School "S" . ~ CHANGE ORDER NO. 6/MOLLOY BROTHERS: Consider approving a ange order in the amount of $18,661 for the installation of a four inch bypass piping/meter/check valve at a 10 inch meter vault located at Military Trail and Lakefront Boulevard; with funding from Water and Sewer Renewal and Replacement - Water Meter Replacement Program (Account No. 442-5178-536-61.81) . -4- . ' . City Commission Regular Meeting 2/9/93 ~. APPOINTMENT TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION: ppoint a member to fill the unexpired term of Robert Fellows ending April 11, 1994. ~ ~Rgig;:~ ~H~~~~ ~F THE ~~~~~~~~Y FACI~ITIES DISTRICT TO / STI U F CIS AND S . Cons~der a proposal to amend the Land Development Regulations by changing the Community Facilities (CF) District zoning classification to Institutions, Facilities and Services (IFS) District) . Planning and Zoning Board and Community Redevelopment Agency recommend approval, subject to conditions. ~ CHANGE ORDER NO. 11/ELKINS CONSTRUCTORS. INC: Consider a ange order in the amount of $21,953.03 to the contract with Elkins Constructors, Inc. for additional materials, equipment and labor in conjunction with the Water Treatment Plant Lime Softening Conversion project; with funding from 1991 Water and Sewer Revenue Bond Water Plant Conversion - Buildings (Account No. 447-5164-536-60.31). 10. Public Hearings: /~ ORDINANCE NO. 5-93: An ordinance amending the Land evelopment Regulations by repealing and enacting a new Subsection 4.6.7(C)(5), IIBanners and Wind Signs II to provide for the prohibition of banner and wind signs; and by enacting a new Subsection 4.6.7(B)(12) to provide for the flying of two flags to advertise open houses or apartments, the flying of service organization flags at times of meeting, and to prov ide for the flying of no more than three flags on property less than one acre and one flag per 15,000 square feet on property greater than one acrei amending Appendix A, and enacting a definition for the term flag. ~e ORDINANCE NO. 11-93: An ordinance amending Appendix "All of Land Development Regulations by amending the definition of family. Planning and Zoning Board recommends denial. ~ ORDINANCE NO. 7-93: An ordinance correcting the zoning assification on a 4.32 acre parcel of land located on the west side of Federal Highway, south of Linton Boulevard from PC (Planned Commercial) to AC (Automotive Commercial). Planning and Zoning Board recommends approval. ~ ORDINANCE NO. 13-93: An ordinance amending the Land velopment Regulations by amending Section 4.4.24, 1I01d School Square Historic Arts District (OSSHAD) II . Planning and Zoning Board recommends approval. If passed second reading February 23rd. r: ~. ORDINANCE NO. 14-93: An ordinance amending the Land ',~velopment by amending Sub-section 4.6.9 (E)(3), uIn-lieu Feell, to provide the in-lieu fee option to the Old School Square -5- . City Commission Regular Meeting 2/9/93 Historic Arts District. Planning and Zoning Board recommends approval. ~ ORDINANCE NO. 12-93: An ordinance amending the Land velopment Regulations to provide additional criteria for granting a variance in Historic Districts. Planning and Zoning Board recommends approval. ~ ORDINANCE NO. 6-93: An ordinance amending Section 37.15 of e Code of Ordinances to provide for the reduction of the number of alternate members of the Code Enforcement Board. ./ H. ORDINANCE NO. 15-93: An ordinance amending the Land Development Regulations by adding Lifeguard stands, headquarters and necessary support facilities as a permitted accessory use in the OS (Open Space) zone district. Planning and Zoning Board recommends approval. ~. ORDINANCE NO. 16-93: An ordinance amending the Land Development Regulations to provide for the reduction in the required rear setback for duplexes in the RL (Residential - Low Density) and RM (Residential - Medium Density) zone districts. Planning and Zoning Board recommends approval. 11.vComments and Inquiries on Non-Agenda Items from the Public-Immediately following Public Hearings. / C' Manager's to prior public comments and ~~i. ~ ty response 'inquiries. @ From the Public. 12. First Readings: 0' A. ORDINANCE NO. 9-93: An ordinance amending the Land ~ \Development Regulations to allow on-site parking on improved surfaces only. Planning and Zoning Board and Community Redevelopment Agency recommend approval. If passed public hearing February 23rd. ~ ORDINANCE NO. 18-93: An ordinance amending the Land velopment Regulations to accommodate boat parking in front -;;b yards. Planning and Zoning Board and Community Redevelopment Agency recommend denial 5-0 vote. If passed public hearing February 23rd. r {r" ~>\ ORDINANCE NO. 19-93: An ordinance amending the Land \~elopment Regulations to provide that certain locational ~ criteria for auto repair uses shall be applicable to full service ~ automobile dealerships only. Planning and Zoning Board failed to make a recommendation 3-3 vote. If passed public hearing February 23rd. -6- . City Commission Regular Meeting 2/9/93 // ~ ORDINANCE NO. 20-93: An ordinance amending the Land qevelopm~nt Regulations by creating a new zone district I LI ~ (Light Industrial). Planning and Zoning Board and Community Redevelopment Agency recommend approval., If passed public hearing February 23rd. , E. ORDINANCE NO. 2-93: An ordinance creating a Housing Trust ~YUnd and an Affordable Housing Advisory Committee in conjunction with the State Housing Initiative Partnership (SHIP) Program. If passed public hearing February 23rd. (F'\ ORDINANCE NO. 17-93: An ordinance amending Chapter 33 of the ~ ~de of Ordinances to relative to Police and Fire pension issues to provide for certain grammatical and verbiage changes. If passed public hearing February 23rd. ~.~ ORDINANCE NO. 22-93: An ordinance amending the Land ~elopment Regulations to provide for the addition of Definitions for "Interested Party" I "Affected Party" I and l> "Aggrieved Party". Planning and Zoning Board and Community Redevelopment Agency recommend approval. If passed public hearing February 23rd. ~5~ QllllHIANS;;S IlQ. .~-~J , An ordinance amending the D~ay Beach . 'il Service Act. If passed public hearing Februar(23 d. .( lY\ 13. Co....ents and Inquiries on Ron-Agenda Items: . I "-- /~['D~~ A. Commission ~,:;!d~, B. City Attorney !I /') l3 C. City Manager t d-1,1 'I D. County and Municipal Issues -7- , CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - FEBRUARY 9. 1993 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED TO CORRECT: L. CHANGE ORDER NO. II/ELKINS CONSTRUCTORS. INC: Consider a change order in the amount of 816.673.03 to the contract with Elkins Constructors, Inc. for additional materials, equipment and labor in conjunction with the Water Treatment Plant Lime Softening Conversion project; with funding from 1991 Water and Sewer Revenue Bond Water Plant Conversion - Buildings (Account No. 447-5164-536-60.31). THE REGULAR AGENDA IS AMENDED TO INCLUDE: M. EMERGENCY REPLACEMENT: Approve the emergency award of bid to Ocean Bay Construction Company in the amount of $11,500, to replace and relocate a six inch cast iron watermain located between Swinton Avenue and N.E. 2nd Street; with funding from Water and Sewer Renewal and Replacement - Water Distribution Systems Improvements (Account No. 442-5178-536-61.78). ~ . . . ........ '" CITY DF DELIA' BEAEH '\ / 100 NW. 1st AVENUE DELRAY BEACH. FLDRIDA 33444 407243. 'Cu.] PROCLAJWA TION ATLANTIC LODGE ~217 KNIGHTS OF PYTHIAS WHEREAS. on February 19. 1864, the Order Knights of Pythias was founded by Justus H. Rathbone of Deerfield. New York; and, WHEREAS. amid all the strife. suffering and turmoil which prevailed during the Civil War. Mr. Rathbone. a Federal civil servant. recognized a crying need for an organization whose cardinal principles would be "Toleration in religion. Obedience to law and Loyalty to government"; and, WHEREAS, when President Abraham Lincoln learned of the Order's Rituals and Teachings, he heartily endorsed them and advised the fledgling Knights of Pythias to apply to the United States Congress for a charter and establish itself nationally; and. WHEREAS. on May 5. 1870. the Supreme Lodge. Knights of Pythias was incorporated by Congressional Enactment and thus became the first fraternal order in the United States to be so chartered; and. WHEREAS, to this day, there are Pythian lodges throughout the United States and in parts of Canada. In adhering tot he practice of Friendship, Charity and Benevolence. the Knights of Pythias has constantly been involved in civic and community activities. supporting Little Leagues, extending charity and moral assistance to the needy. handicapped and underprivileged. and expanding the furtherance of education through its scholarship programs; and. WHEREAS. on February 19, 1993, the Knights of Pythias will be celebrating their one hundred and twenty-ninth anniversary. NOW. THEREFORE. I, THOMAS E. LYNCH. Mayor of the City of Delray Beach, Florida, do hereby proclaim the day of February 19. 1993, as, "PYTHIAN FOUNDERS DAY" in Delray Beach. Florida, in recognition of this milestone in the Order of Knights of Pythias. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach. Florida. to be affixed this 9th day of February, 1993. MAYOR THOMAS E. LYNCH SEAL - 'A . . ~ ~ [ITY DF DELAAY BEAEH 100 N.W. 1st A\JE\lUE OELRAY BEACH. "LORIO'" 33444 ..Oi :'-1: . :,:J PROCLAJfA TION BOYNTON-DELRAY LODGE #206 KNIGHTS OF PYTHIAS WHEREAS. on February 19. 1864, the Order Knights of Pythias was founded by Justus H. Rathbone of Deerfield, New York; and, WHEREAS, amid all the strife, suffering and turmoil which prevailed during the Civil War, Mr. Rathbone. a Federal civil servant, recognized a crying need for an organization whose cardinal principles would be "Toleration in religion, Obedience to law and Loyalty to government"; and, WHEREAS, when President Abraham Lincoln learned of the Order's Rituals and Teachings, he heartily endorsed them and advised the fledgling Knights of Pythias to apply to the United States Congress for a charter and establish itself nationally; and, WHEREAS, on May 5, 1870, the Supreme Lodge, Knights of Pythias was incorporated by Congressional Enactment and thus became the first fraternal order in the United States to be so chartered; and, WHEREAS, to this day, there are Pythian lodges throughout the United States and in parts of Canada. In adhering tot he practice of Friendship, Charity and Benevolence, the Knights of Pythias has constantly been involved in civic and community activities, supporting Little Leagues, e~tending charity and moral assistance to the needy, handicapped and underprivileged, and expanding the furtherance of education through its scholarship programs; and, WHEREAS, on February 19, 1993, the Knights of Pythias will be celebrating their one hundred and twenty-ninth anniversary, NOW. THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach. Florida, do hereby proclaim the day of February 19. 1993. as. "PYTHIAN FOUNDERS DAY" in Delray Beach, Florida, in recognition of this milestone in the Order of Knights of Pythias. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affi~ed this 9th day of February, 1993. MAYOR THOMAS E. LYNCH SEAL /:'A. , '" ~ CITY DF DELAAY SEREM 100 N W 1st AVENUE OELRAY BEACH. FLORIOA 33444 -107 ~4:-. ':CCl PROCLAMA TION WHEREAS, one of our greatest resources is our children; and, WHEREAS, one of the world's most benevolent guardians of those resources is the Shrine Hospitals for Crippled Children and Burns Institute; and, WHEREAS, twenty two Shrine Hospitals throughout the United States, Canada and Mexico are dedicated to the great task of curing or helping afflicted children without regard to race or religion; and, WHEREAS, more than 300,000 have been treated and returned to society either cured or substantially helped, where neither patients nor their parents have been required to pay for this outstanding medical care; and, WHEREAS, Shriners throughout North America have raised millions of dollars to support the Shriners Hospitals and Burns Institutes to insure a brighter future for these and future generations, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim that February 18 through February 28, 1993, shall be known as "SHRINE HOSPITAL DAYS" in recognition of the outstanding and unselfish work of the Shriners of North America and urge all our citizens to join me in recognizing this great service. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed this 9th day of February 1993. MAYOR THOMAS E. LYNCH SEAL ~B . CITY DF DELIAY HEAEM 100 ,~_/J l~t ,,),,';ENLiE O=LR~Y 9E~CH ':L':::'.~:S~ 33-1.44 PROCLA,UA TIO:'V WHEREAS, the Charter of the City of Oelray Beach, Florida, provides for the calling of a First Nonpartisan Election for the purpose of electing officers of the City and such other purposes as the Commission may prescribe; and, WHEREAS, pursuant to said Charter provisions, it is provided that a First Nonpartisan Election shall be held on the second Tuesday in March of each year, NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Oelray Beach, Florida, do hereby call for such nonpartisan election to be held on Tuesday, March 9, 1993, between the hours of 7:00 A.M. and 7 :00 P.M., with all the Precincts and Polling Places in the City of Oelray Beach, Florida, as designated by the Supervisor of Elections for Palm Beach County, Florida, being as follows: Precinct No. Polling Place 166 Ii l66A Oelray Community Center, 50 N.W. lst Avenue 166B pines of Oelray North Clubhouse, 1641 N.W. 18th Ave. 166C Country Manors Clubhouse, 4900 Country Manors Blvd. l70 Plumosa Elementary School, 1712 N.E. 2nd Avenue 171 Oelray Community Center, 50 N.W. lst Avenue :71A Banyan Creek Elementary School, 4243 Sabal Lakes Road 171B & 171C Fire Station #4, northeast corner of Barwick Road and Lake Ida Road 172 Pompey Park Recreation Center, 1101 N.W. 2nd Street 172A Cornell Museum at Old School Square (south entrance), 21 North Swinton Avenue 173 Carver Middle School, 30l S.W. 14th Avenue 174 & 174B Oelray Beach Mall, northwest corner of Federal Highway and Linton Boulevard 174A Sun Sentinel Building, 3333 South Congress Avenue 175 Oelray Lions Club, 115 S.E. 4th Avenue 175-A Cornell Museum at Old School Square (south entrance) , 21 North Swinton Avenue l76 Oelray Beach Mall, northwest corner of Federal Highway and Linton Boulevard 176A Palm Court Plaza, 5130 Linton Boulevard 178 Boca Raton/oelray Beach Gold Coast Church of Christ, 620 Bluebird Orive 178A Lake Oelray Apartments, 700 Lindell Boulevard l79 Pines of Oelray Clubhouse, 2451 Black Olive Blvd. l89 & 190 Adult Recreation Center, 802 N.E. 1st Street All qualified electors of the City of Oelray Beach, Florida, shall be qualified to vote in such election. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Oelray Beach, Florida, to be affixed this 9th day of February, 1993. MAYOR THOMAS E. LYNCH SEAL ,e, , . CITY DF DELIA' BEAEH 100 '\J W 1st AVENUE DELRAY 3E,>CH =LORID,> 33444 . . ~ , PROCLAMA TION WHEREAS, pursuant to the Constitution, applicable laws of the State of Florida, the City Charter and the Code of Ordinances of the City of Delray Beach, Florida, the city Commission has by Resolution authorized a Special Election to be held on Tuesday, the 9th day of March, 1993; and, WHEREAS, the purpose of calling a Special Election is to determine whether the City of De1ray Beach shall be enabled to use street project monies from the Decade of Excellence general obligation bonds for reconstruction of S.E./S.W. 10th Street from Federal Highway to Congress Avenue, including sidewalk and drainage improvements, instead of being limited to the expenditure of such funds only on reconstruction of S.E./S.W. 10th Street from Federal Highway to Wallace Drive (Germantown Road). NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, do hereby call for such special election to be held on Tuesday, March 9, 1993, between the hours of 7:00 A.M. and 7:00 P.M., with all the Precincts and Polling Places in the City of Oelray Beach, Florida, as designated by the Supervisor of Elections for Palm Beach County, Florida, being as follows: Precinct No. Pollinq Place 166 & 166A Delray Community Center, 50 N.W. 1st Avenue 166B Pines of Delray North Clubhouse, 1641 N.W. 18th Ave. 166C Country Manors Clubhouse, 4900 Country Manors Blvd. 170 Plumosa Elementary School, 1712 N.E. 2nd Avenue 171 Delray Community Center, 50 N.W. 1st Avenue 171A Banyan Creek Elementary School, 4243 Sabal Lakes Road 171B & 171C Fire Station '4, northeast corner of Barwick Road and Lake Ida Road 172 Pompey Park Recreation Center, 1101 N.W. 2nd Street 172A Cornell Museum at Old School Square (south entrance), 21 North Swinton Avenue 173 Carver Middle School, 301 S.W. 14th Avenue 174 & 174B Delray Beach Mall, northwest corner of Federal Highway and Linton Boulevard 174A Sun Sentinel Building, 3333 South Congress Avenue 175 De1ray Lions Club, 115 S.E. 4th Avenue 175-A Cornell Museum at Old School Square (south entrance) , 21 North Swinton Avenue l76 Delray Beach Mall, northwest corner of Federal Highway and Linton Boulevard 176A Palm Court Plaza, 5130 Linton Boulevard 178 Boca Raton/Delray Beach Gold Coast Church of Christ, 620 Bluebird Drive l78A Lake Delray Apartments, 700 Lindell Boulevard 179 Pines of Delray Clubhouse, 2451 Black Olive Blvd. 189 & 190 Adult Recreation Center, 802 N.E. 1st Street All qualified electors of the City of Delray Beach, Florida, shall be qualified to vote in such election. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Delray Beach, Florida, to be affixed this 9th day of February, 1993. MAY 0 R THOMAS E. LYNCH SEAL '1) , . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER[J;V] SUBJECT: AGENDA ITEM i ~A - MEETING OF FEBRUARY 9. 1993 WAIVER OF PERIMETER LANDSCAPE REOUIREMENTS/LOT 2B NINTH STREET PLAZA DATE: February 5, 1993 This item is before you to approve a waiver of the perimeter landscape requirements of Lot 2B, Ninth Street Plaza located at the southwest corner of S.E. 9th Street and S.E. 6th Avenue. Section 4.6.16(H)(3)(d) of the Land Development Regulations requires a five foot landscape buffer around the perimeter of a site with hedges and trees installed within that buffer. There are two areas of the site for which waiver of that requirement is requested. The south property line traverses a driveway and parking spaces utilized by the adjacent property (MAB Paints) through an off-site parking agreement. Along the west property line there is an existing sodded area which ranges from one to two feet in width. This property is adjacent to the Blue Max automotive repair facility. If an additional five foot buffer is required for the subject property, the width of the existing driveway behind the building would be reduced to the extent that circulation could be impaired. A detailed staff report is attached as backup material for this item. Recommend approval of the request for waiver of Section 4.6.16(H)(3)(d) of the Land Development Regulations for the west and south property lines for Lot 2B, Ninth Street Plaza. .,. , , . , ( C'(j ['1-1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: .ID T. HARDEN, CITY MANAGER THRU: ZONING FROM: COSTELLO, PLANNING TECHNICIAN II SUBJECT: MEETING OF FEBRUARY 9, 1993 CONSIDERATION OF A WAIVER TO THE PERIMETER LANDSCAPING REQUIREMENTS [SECTION 4.6.16(H)(3)(d)] FOR LOT 2B, NINTH STREET PLAZA (FORMER WALLACE PARTS BUILDING). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of qrantinq a specific waiver in conjunction with a development request involving site plan modification approval, The development proposal is to establish a full service vehicle repair facility or a specialized service shop within a 4,982 sq. ft. building (former Wallace Nissan Parts building) . The subject property is located at the southwest corner of S.E. 9th Street and S.E. 6th Avenue (northbound Federal Highway). BACKGROUND: This project involves the use of an existing site and building, which will mostly remain in their existing configuration. The applicant has requested a waiver from Section 4.6.16(H)(3)(d) of the LDRs, which deals with perimeter landscape requirements. This section states that a 5' landscaped buffer must be provided around the perimeter of the site, and that hedges and trees must be installed within that buffer. There are two areas of the site plan where a waiver to this requirement is being requested. The south property line traverses a driveway and parking spaces utilized by the adjacent property (MAB Paints) through an off-site parking agreement. Along the west property line there is an existing sodded area which ranges from l' to 2' in width. This property is adjacent to the Blue Max automotive repair facility, which has provided a 5' landscaped, fenced buffer between the properties. If the 5' buffer were required for the subject property, the width of the existing driveway behind the building would be reduced to the extent that circulation could be impaired. . . City Commission Documentation Meeting of February 9, 1993 Waiver to Perimeter Landscaping Requirements (Wallace Parts Building - Lot 2B, Ninth Street Plaza) Page 2 REQUIRED FINDINGS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the City Commission shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The area in question along the west property line is adjacent to an existing landscape buffer and the area along the south property line is an existing parking lot. The landscape code is being followed throughout the remainder of the site, including those areas that will have the most visual impact. A waiver of the requirement will not create an unsafe situation or diminish the provision of public facilities, and does not constitute a special privilege. REVIEW BY OTHERS: A non-impacting site plan modification is currently being processed which does not include any elements requiring Site Plan Review and Appearance Board review, therefore no Board recommendation is available for this specific item. However, the Planning and Zoning Board recommended approval of the Conditional Use for this property, with a sketch plan depicting the proposed parking and landscape configuration. The Board was informed of the waiver request and had no objections. RECOMMENDED ACTION: By motion, grant a waiver to LDR Section 4.6.16(H)(3)(d) (Perimeter Landscaping) to provide the required 5' wide landscape strip and to omit the required hedge and trees along the west and south property lines based upon positive findings with respect to Sections 2.4.7(B)(5)(a) - (d). Attachments: * Letter of Request * Reduction of Landscape Plan , ' DIGBY BRIDGES, ~lARSH & ASSOCIATES, P.A. CHAR1ERfD ARCHITECTS. PLANNERS. INTERIOR DESIGNERS 25 January 1993 Ms. Diane Dominguez Planner III City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 RE: S.E. 9th Street Plaza - "'Yallace Parts" Dear Diane: Per our previous discussion and agreement, this is a formal request for a waiver on the interior perimeter landscaping on the west property line per L.D.R. 4.6.16(H)3.D. Your cooperation on this matter is greatly appreciated. Kind regards, Yours sincerely, DIGBY BRIDGES, MARSH & ASSOCIATES, P.A. cc: Bill Wallace Mike Weiner I.?-i N.E. Fifth An'nul', Dl'lray Beach, Florida 334H3 40~ /!~l\- nf\H Palm Ix'aeh: - 3(dH66 Fax; .Hl7/2iH-7IHI Tlf:P\ ,,~trml(l~~ ,14 "1\1. Io....rl(III't(1 'II fin"" *'" hnOl'tflh , ' , s e-, ?r..r ~e..(FftT : I · r 1--1-- -_.- ---- ..' I- I I ffi . .2 . I ~. I . -. .z I ~:,.;; ,- T~;: .. .. .. ~ i , -- . ... a: I UJl;.:.:. ,..... ~ i I : I ".',. . ~ :':'~'. " h ' .... p I '>.;.. ... ,. I I tJ ".. . I . , ~ I ~ /11 ~ . I /: - ~ ~ I >~ -- : ) J I "UJOu. za:oe -o~~ c I t;...~o '< I -~:J 0 C\ X I .... ll) 0 UJ~~N ~ ~ I ~ ~ I ~ w - - .~ I I ~ ~ II --- ' ~ ~ 11 I ~ > I a: . . ~ . ~. . .. t::. I r _f.. - - . . .... . . ,.; ".' z. \ .. ;,..:.....""'.~, ,- . ~ I "-.1-- ~' . . . 0 . ..' N ! U I --- _.- ~. - =-- - - ...... ........ " ............... "- I .~" - - \J) I " '\ . I ' I rg:[ I: ! ! I . , ;;' ............ , ") ., . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER {'t-( SUBJECT: AGENDA ITEM i 1B - MEETING OF FEBRUARY 9. 1993 MUTUAL AID AGREEMENT/PALM BEACH COUNTY SHERIFF DATE: February 5, 1993 This item is before you to approve an agreement between the City and Palm Beach County Sheriff which provides for assistance during law enforcement emergencies which cross jurisdictional lines within Palm Beach County. This agreement will run for one year until September 30, 1993 and contains a clause for automatic renewal in yearly increments thereafter, unless one of the parties elects to cancel the agreement in writing. The City Attorney's office has reviewed the agreement and approves it as to form. No additional funding is required as a result of this agreement. Recommend approval of an agreement between the City and Palm Beach County Sheriff which provides for assistance during law enforcement emergencies which cross jurisdictional lines within Palm Beach County. , , (~, J.~" ;.,t:CEiVECI ~~iY Of DElaAY 3EDEH JAN 2 2 1993 ~.~iJ ',' , .,: ,'~~ (;1 TV MANA,GfR'S OrFICE (:~TY ATTIU1NEY'S OFFICE ""1\\ \11 .\I!II'.,\\'un:r'.IlI'rll\\III'\/ 11,"(\1""\ 11111 I ": I J' f' r I ( ) ~ 1 ,.~ ,1111,- _~ 'J. / \ ~ ' 1 . f' /\ { ", I ~, II f ,: 1ft; ,1 It: \ ~ I (. rlouer: tF.Gl\l I\I)VISOU MBMORARDOM TO: city Commissioners FROM: Eric D. Hightower, Police Legal Advisor DATE: January 21, 1993 SUBJECT: Mutual Aid Agreement with Sheriff of Palm Beach County ======================================================================== Attached for your consideration is a copy of the Mutual Aid Agreement with the Sheriff of Palm Beach County. The Sheriff of Palm Beach County has already approved the agreement as is. In addition, our City Attorney's Office approves of the agreement as well. The purpose of the agreement is to allow the two departments to assist each other in the enforcement of the laws of the State of Florida throughout Palm Beach County. The City's liability will not be affected by this agreement. Section IV of the agreement grants us all immunities as provided by Section 768.28 Florida Statutes. The City will be responsible only for its own employees as is normal for operations. No additional funds will need to be expended to carry out the agreement. The City will only be responsible for the expenses of its own Department. The agreement will run for one year until September 30, 1993 and be eligible for automatic renewal yearly unless one of the parties elects to cancel the agreement by written notice. EDH/lrd I;/{ t.J I Enclosure cc: David Harden, City Manager Jeff Kurtz, City Attorney , REQUESTED OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT This Requested operational Assistance Mutual Aid Agreement, hereinafter the "Agreement," made and entered into this day of , 1992, by and between Richard P. Wille, Sheriff of Palm Beach County, Florida, and the City of Delray Beach on behalf of the Delray Beach Police Department, pursuant to the provisions of Chapter 23, Part I, Fla. Stat. (1991), (amended by Fla. session laws Chapter 92.165), known as "The Florida Mutual Aid Act," hereinafter the "ACT," comprises a "Requested Operational Assistance Agreement" as the terms are used in the ACT. WITNE S S E T H: WHEREAS, the subscribed law enforcement agencies are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to intensive situations including, but not limited to, emergencies as defined under section 252.34(2), Fla. Stat. (1991), and WHEREAS , it is the intent of this Agreement that, because of the existing and continuing possibility of intensive situations and other law enforcement emergencies, and in order to ensure that the preparation of law enforcement will be adequate to deal with such activity, protect the public peace and safety, and preserve the lives and property of the people; and WHEREAS, RICHARD P. WILLE, SHERIFF OF Pl\T.M BEACH COUNTY, FLORIDA, and the CITY OF DELRAY BEACH ON BEHALF OF THE DELRAY BEACH POLICE DEPARTMBMT, have the authority under section 23.12, et seq. , "The Florida Mutual Aid Act," to enter into a requested operational assistance mutual aid agreement for rendering of assistance in a law enforcement emergency that crosses jurisdictional lines, NOW, THBRBPORB, the parties agree as follows: SECTION I: PROVISIONS POR OPERATIONAL ASSISTANCE. The aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby each of the agencies may request and render law enforcement assistance to the other to include, but not necessarily be limited to, dealing with civil disturbances, large protest demonstrations, aircraft disasters, fire, natural or man-made disasters, sporting events, concerts, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. SECTION II: PROCEDURE POR REQUESTING ASSISTANCE. In the event that a party to this Agreement is in need of assistance as set forth above, the agency head or Chief of Police of the agency requiring assistance shall notify the agert"head or Chief of Police from whom such assistance is required. The agency head whose assistance is sought shall evaluate the situation and the agency's available resources and will respond in a manner he or she deems appropriate. The agency head's decision in this regard shall be final. SECTION III: OOKKAND AND SUPERVISORY RESPONSIBILITY. The resources or facilities that are assigned by the assisting agency shall be under the immediate command of a supervising officer designated by the assisting agency head. 2 ., SECTION IV, LIABILITY. To the extent permitted by law, the Palm Beach county Sheriff's Office and the city of Delray Beach shall each be responsible for its own negligence. Nothing herein shall be deemed to waive any immunities granted pursuant to Section 768.28, Florida Statutes. SECTION V: POWERS, PRIVILEGES, IMMUNITIES AND COSTS. A. Employees of the Delray Beach Police Department, when actually engaging in mutual cooperation and assistance outside the jurisdictional limits of Delray Beach, Palm Beach County, but inside the State of Florida under the terms of this Agreement, shall, pursuant to the provisions of section 23.127(1), Fla. Stat. (1991), (amended by Fla. session laws Chapter 92-165), have the same powers, duties, rights, and privileges and immunities as if the employee were performing duties inside the employee's political subdivision in which normally employed. The same condition applies to deputy sheriffs of the Palm Beach County Sheriff's Office. B. Each party agrees to furnish necessary equipment, resources and facilities and to render services to each other party to the Agreement as set forth above, provided, however, that no party shall be required to unreasonably deplete its own equipment, resources, facilities, and services in furnishing such mutual aid. c. A political subdivision that furnishes equipment pursuant to this part must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. D. The agency furnishing aid pl,lrsuant to this section shall compensate its appointees/employees during the time such aid is rendered 3 and shall defray the actual travel and maintenance expenses of its appointees/employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such appointees/employees are engaged in rendering such aid. E. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits that apply to the activity an appointee/employee of an agency when performing the appointee's/employee's duties within the territorial limits of the appointee's/employee's agency apply to the appointee/employee to the same degree, manner, and extent while engaged in the performance of the appointee's/employee's duties extraterritorially under the provisions of this Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, and reserve appointees/employees. F. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actua"1 costs or expenses incurred by the assisting agency performing hereunder. SECTION VI: LIABILITY INSURABCE. Each party shall provide satisfactory proof of liability insurance by one or more of the means specified in section 768.28(14), Florida Statutes, in an amount which is, in the judgment of the governing body of that party, at least adequate to cover the risk to which that party may be exposed. Should the insurance coverage, however provided, of any party be canceled or undergo material change, that party shall notify 4 " all parties to this Agreement of such change within ten (10) days of receipt of notice or actual knowledge of such change. SECTION VII: EFFECTIVE DATE. A. This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect until september 30, 1993, and shall be renewed automatically every year unless terminated prior thereto by any or all of the parties therein. B. This Agreement shall be reviewed annually for any necessary changes. SECTION VIII: CANCELLATION. This Agreement may be canceled by any party upon delivery of written notice to the other party or parties. Cancellation will be at the direction of any subscribing party. IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date specified. CITY DELRAY BEACH, FLORIDA Attest: By: : Mayor Thomas E. Lynch City Clerk Approved as to form and Legal Sufficiency: City Attorney - Delray Beach Illutald.agt 5 . MEMORANDUM - TO: Jeffrey S. Kurtz City Attorney ~OM' Rebecca S. O'Connor Treasurer Joseph M. Safford HRU: Director of Finance SUBJECT: Sun Bank Funds Transfer Agreement DATE: January 14, 1993 Sun Bank is requiring that the attached Funds Transfer Agreement be executed. The purpose for this Agreement is to strengthen the security procedures. relative to the transferring of funds and to prevent any interceptions of wires through the use of both personal identification numbers and repeat codes. Please review the attached Funds Transfer Agreement a~d forms and provide us with any comments. Please also comment on whether the same Agreement should be made with other banks that we deal with. We currently use the same process at Barnett Bank and recommend it as far as internal control is concerned. However, it should be noted that no Funds Transfer Agreement has been executed. I would like this item on the Agenda of February 9, 1993. If you have any questions, please give me a call. RSO/slh Attachment ~c. . . . lSU~l FUNDS TRANSFER AGREEMENT anK The following te~ and conditions will apply to the transfer of funds from the account(s) of the undersigned customer ("Custo.mer") at the undersigned bank ("Bank"). 1. AUTHORIZATION OF BANK. Upon the instructions of an Authorized Agent (as hereinafter deflDed) of Customer, Bank is hereby authorized and directed to transfer funds from any of Customer's accounts designated on Exhibit A attached hereto, maintained with Bank to any account of Customer or any third party designated by an Authorized Agent, whether such account be maintained at Bank or any other bank. As used herein, . transfer" shall mean a transfer of funds by Fedwire. SWIFT, telex. computer terminal. electronic or other means but excluding transfers made through the ACH system, as deflDed by NACHA operating rules. 2. AUrnORIZED AGENTS; SECURITY PROCEDURES. (a) Customer hereby confirms to Bank that the officers, employees or agents of Customer listed in Exhibit A, attached hereto and made a part of this Agreement (collectively · Authorized Agents.), are authorized to provide Bank directions for transfers of funds and transfer-related instructions with respect to the Customer accounts specified therein. (b) Bank will assign to each Authorized Agent, a Persona! Identification Number (PIN) for identification in making transfers or giving transfer-related instructions. Use of the PIN is a security procedure to protect against the initiation of unauthorized transfers. Customer is responsible for maintaining the confidentiality of its Authorized Agents' PIN's and any breach of confidentiality shall promptly be reported to Bank's Wire Transfer Department. Bank shall have no Iia~ility tor losses occasioned by unauthorized access to or use of PIN's. (c) Bank shall be entitled. at its sole discretion. to provide a "test key. to be used in detecting errors in the amount of any transfer or transter-related instruction. If said "test key. is offered by Bank and used by Customer, any transfer or transfer-related instruction which passes the "test key. shall be deemed correct as to amount. Bank and Customer agree that no oilier error detection security procedures have been established. (d) Bank may change, add or delete any procedures established pursuant to this Agreement, from time to time. upon notice to Customer. Changes to Exhibits which are proposed by Customer shall not be effective until they are received and accepted by Bank's Funds Transfer DepartJDeuL (e) Security procedures for Electronic Instructions are specified in Paragraph 3 herein. 3. ELECTRONIC INSTRUCTIONS. Bank may, under tho following supplemental terms and upon execution of Exhibit B hereto, accept requests for transfer of funds from Customer's computerized communications system maintained and controlled by Customer. Customer assumes all responsibility for the security of Customer's system, including User [D's. Passwords. and confidentiality of all matters related thereto. Use of User [D's and Passwords is a security procedure to protect against unauthorized use of Customer's computerized communications systems and any breach of confidentiality shall promptly be reported to Bank's Wire Transfer Department. Transfer requests shall require a PIN and. except for repetitive transfer requests, a secondary approval as an additional security procedure to protect against unauthorized transfers. Bank bas no responsibility for the accuracy or completeness of any data received as provided in this Paragraph 3 so long as the User 1D and Password are those of Customer. Bank shall provide inquiry capability via access to information on Bank's computer through Customer's data tenninaJ and such capability shall serve as notification to Customer of Customer's account transactions and account status. Any transfer orders not in compliance with the security procedures of Bank (e.g., for which Customer has not supplied secondary approval to Bank by the end of the funds transfer processing day) shall be erased from Bank's computer system without netice to Customer or liability to Bank. IP 556 . , 4. TRANSFERS. Bank is hereby authorized to, in accordance with Bank's cut-off deadlines. make such transfers and act upon such other directions and instructions relating to transfers upon its receipt of oral (including telephone), written.or electronic instructions of any Authorized Agent as provided hereunder. Authority to make the transfer and to issue other directions and instructions shall be conclusively presumed if the transfer was in compliance with- the security procedures herein or in effect at the time of the transfer. Bank shall be under no obligation to comply with any transfer request or make any transfer which would exceed the collected balance of funds on deposit in the Customer's accounts at Bank, as determined by Bank. Bank may assign a unique recognition number to repetitive transfer or automatic standing requests, but use of said unique recognition number is not intended nor shall it be used as a security procedure. Customer requests for repetitive or automatic standing transfers shall be registered with Bank using Exhibit C which. if attached. is made a part of this Agreement. . 5. VERIFICATION. Bank shall be entitled. at its sole discretion. to seek verification or authentication of any direction for transfer or transfer-related instructions by contacting Customer by telephone or by any other means set forth in any regulations or publications made available to Customer or otherwise deemed reasonable by Bank: orovided. however. that so long as Bank originally receives a valid Personal Identification Number, Bank shall have no obligation to seek verification or authentication. If Bank is unable to obtain any verification or authentication sought by it. Bank may, in its sole discretion, either effect or refuse to effect the directions for transfer or transfer-related instructions. 6. CONFIRMATION; DUTY TO REPORT DISCREPANCIES. Upon making a transfer from Customer's account. Bank shall mail or deliver to Customer at Customer's address or at such other place as Customer may hereafter designate in writing, in accordance with Paragraph 14 hereof. a confirmation or periodic statement stating the date and amount of the transfer. Not more than 14 days after the mailing or delivery of such confirmation or periodic statement, (whichever occurs earlier), Customer will cause it to be examined and will inunediately notify Bank of any discrepancy or error therein. Failure of Customer to notify Bank of any discrepancy within that time will relieve Bank of any interest liability with respect to the transter. Failure of Customer to notify Bank of any discrepancies within ninety (90) days of the mailing or delivery of such confirmation or periodic statement shall relieve Bank of any liability for any funds transfer reflected in the confirmation or statement. 7. AMENDMENT OR CANCELLATION. If Customer seeks to amend or cancel any direction for transfer of funds or any transfer-related instructions, such amendment or cancellation must be received by Bank at a time and in a manner affording Bank a reasonable opportunity to act 00 the amendment or cancellation before Bank makes the transfer. If Customer requests Bank to recover funds previously transferred, Customer shall deposit with Bank, or provide other assurances of payment satisfactory to Bank for. any and all costs and expenses (including attorneys' fees) which Bank might incur in attempting to recover funds from any transferee. Bank will take such actioas short of legal action as it deems reasonable and appropriate in the circumstances to effect such recovery, including, without limitation, submitting a revel'Slll request to any financial institution receiving such funds, said actions being subject to the published charges of Bank to Customer. Bank, however, by undertaking such recovery, does not guarantee recovery of all or any part of the amount of transfer, nor does Bank accept responsibility for any amounts transferred prior to Bank's receipt of an amendment or cancellation of a direction for transfer as provided above. 8. RECORDING. Customer consents to tape recording by Bank of telephone transfer instructions and other related acts with respect thereto. Customer agrees to indenmify and hold Bank hannless against any liability Bank may incur as a result of such tape recording. 9. INCONSISTENCY OF NAME AND ACCOUNT NUMBER. Customer acknowledges and agrees that if a transfer instruction from Customer describes the Beneficiary, Beneficiary's Bank. or any Intermediary Bank inconsistently by name and number, (account number in Beneficiary's case; bank number in bank's case), payment might be made by the Intermediary or Beneficiary's bank on the basis of the number even if it identifies a person or bank, as the case may be. different from the named Beneficiary or bank, and that Customer's obligation to pay 2 '. , . the amount of the order to Bank is not excused in such circumstances. 10. FOREIGN EXCHANGE. If Customer directs Bank to transfer funds other than U.S. Dollars, Bank will convert the funds at its current exchange rate for the specified foreign currency. If for any reason said funds are returned, Bank will convert the returned foreign cunency into U.S. Dollars at Bank's prevailing exchange rate on the date of return. Bank shaH not be liable for any resulting exchange losses. 11. LIMIT A nON OF LIABILITY. Bank shall be responsible only for performing the services expressly provided for in this Agreement, and shall not be liable, except as provided by applicable law, for any error or delay so long as Bank has acted in accordance with the terms and conditions hereof. In addition to the limitations of Bank's liability for any decision not to effect a transfer as provided elsewhere in this Agreement, Bank shaH Dot be liable for any decision by Bank not to effect a transfer if Bank reasonably believes or has actual notice of commencement of bankruptcy or similar proceedings, or if such transfer involves funds, the ownership of which or the right to make withdrawals consisting of is subject to dispute. Neither shall Bank be liable if Customer fails to report any error or discrepancy reflected in a confinnation or monthly statement, as provided herein, or to report any breach of confidentiality of a Personal Identification Number, User 10, or Password as specified herein. Bank shall not be liable to the extent Customer receives the benefit of any transfer, even if such transfer is otherwise erroneous. Subject to the foregoing limitations, any damages or other compensation duo Customer resulting from Bank's negligence in properly effecting a transfer or transfer-related instruction hereWlder shall be limited to interest on the funds at issue at the "federal funds rate" paid by Bank at the close of business on each day the error or delay remains uncorrected; provided, however, that if Bank is unable to recover funds from a transferee who has no claim to all or any part of funds erroneously transferred as a result of Bank's negligence. Bank shall be liable for Customer's actua1loss, not to exceed the amount of funds which Bank is unable to recover, plus interest. In no event shall Bank be liable to Customer for indirect, consequential, special, punitive or exemplary damages. 12. INDEMNIFICA nON. In consideration for Bank's malting available to Customer funds transfer services, Customer agrees to indemnify and hold Bank hannless from and against aH damageE, costs and expenses (including reasonable attorneys' fees and cos~s of investigation) arising from or in any manner related to (i) transfers made or related actions taken by Bank in accordance with directions for transfer or transfer-related instructions provided by any Authorized Agent, including but not limited to, actions taken by Bank to revoke or cancel any transfer or to recover funds previously transferred, or (ii) any decision by Bank not to effect a transfer for any specified reason herein or that would relieve Bank of liability to Ule Customer pursuant to Paragraph 11 hereof, or otherwise. 13. FEES AND EXPENSES. Customer agrees to pay all charges which Bank may, from time to time, impose for transfers and related acts. In addition. Customer shall reimburse Bank for all out~f.pocket expenses incurred by Bank in effecting the directions for transfer and transfer-related instructions given by Customer hereunder. 14. NOTICES. All notices from Customer to Bank under this Agreement shall be in writing and shall be considered to have been given when received by the Bank's Funds Transfer Department. All notices from Bank to Customer shall be considered to have been given when received by Customer at the address indicated below or at Customer's otherwise designated address. 15. FORCE MAJEURE. Bank shall not be responsible for any loss. damage, liability or claim arising, directly or indirectly, from any error, delay or failure in performance of any of its obligations hereunder which is caused by fire or other natural disaster, strike, civil unrest, any inoperability of coltUDunications facilities or any other circumstances beyond the reasonable control of Bank. 16. ACCOUNT AGREEMENT. The terms and conditions of any schedule, account agreement, signature card or authority executed by or made available to Customer are incorporated herein by this reference. If, however, there exists any conflict or inconsistency between the terms and conditions of any of the above and those of this Agreement, then the terms and conditions of this Agreement shall control to the extent of such conflict or inconsistency. 3 .. , 17. SEVERABILITY. If any provision contamed m this Agreement shall be invalid or unenforceable under applicable law, saiclprovision shall be ineffective to the extent of such mvalidity only, without in any way affecting the remaining provisions of this Agreement. · 18. AMENDMENT. This Agreement may be amended by Bank at any time by written notice to Customer. Any use of services provided hereunder after the date Customer receives notice of amendment shaU constitute acceptance of the terms of said amendment. 19. TERMINATION. Either party may terminate this Agreement by thirty (30) days prior written notice. Bank may terminate this Agreement immediately upon written notice to Customer if Customer fails to comply with its obligations hereunder. 20. APPLICABLE LAW, BINDING EFFEct". This Agreement is subject to the provisions of aU applicable operatmg circulars of the Federal Reserve Bank and any other applicable provisions of Federal law. Customer understands that if Bank uses Fedwire to effect a funds transfer or transfer-related instruction, Federal Regulation J, Subpart B applies. Except as so provided, this Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. This Agreement shall be binding upon and inure to the benetit of the parties hereto and their respective legal representatives, successors and assigns. EXECUTED BY Customer Name: Customer Address: Authorized Signature: Title: Date: RECEIVED BY Bank Name: Bank Address: Bank Representative: Date: 4 .. . (~) SunBank anK F = SunBank's Funds Transfer System provides customers with the most accurate and secure method of transferring lunds possible. To insure proper controls every corporate user will complete all forms depending on the user's desired interlace method; either Call In or SunWire (terminal interface). . CALL IN SUN WIRE 1. Corporate Resolution/Authorization Agreement 1. Corporate Resolution/Authorization Agreement 2. Funds Transfer Agreement 2. Funds Transfer Agreement 3. Exhibit A 3. Exhibit A "4. Exhibit C 4. Exhibit B '5. Exhibit C " Optional Features. Complete only if customer requests service. CORPORATE RESOLUTION OR AUTHORIZATION AGREEMENT , The user must complete the specific form (1 of 4) that fits the user organization's legal status. The form provides the Bank with the names, titles, and specimen signatures of personnel authorized to execute SunBank's Funds Transfer Agreement and other documentation regarding the transfer of funds. FUNDS TRANSFER AGREEMENT The Funds Transfer Agreement describes the rights and responsibilities under applicable law of both Sun Bank and the user with respect to System usage. EXHIBIT A . ACCOUNT INFORMATION AND AUTHORIZED REPRESENTATIVES Exhibit A provides SunBank with required Authorized Representative names and account number information. The names, phone numbers. and maximum transfer limit for each authorized representative is needed for customer and account data base records. A space is also provided for special instructions and/or limitations related to the account's use. Completionot Exhibit A authorizes SunBank to issue PINs to the staff designated thereon. The Bank will not transfer funds unless a valid PIN accompanies the wire request. PINs will be mailed directly to the user contact. It is the user's responsibility to advise their Authorized Representatives not to divulge PINs to anyone. If PIN security is compromised, or even suspected of being compromised, the user must notify the Bank's Wire Transfer Department immediately in writing. Upon written notification the Bank will cancel the Authorized Representative's system access and issue a new PIN. EXHIBIT B . SUNWIRE AUTHORIZED REPRESENTATIVES Exhibit B provides SunBank with the necessary data to set-up and assign Authorized Representative status to SunWire customers. A check list defines and assigns applicable system functions. This form must be used anytime an Authorized Representative Is added or deleted, or for changes In functionality. The bottom of the lorm is returned to the customer for notification of new user 10 and temporary password. EXHIBIT C . REPETITIVE OR AUTOMATIC STANDING TRANSFERS CAST} Exhibit C provides the Bank with transaction debit/credit information. Once this information is built in the System's data base a specific repeat or AST number is assigned to that transaction. Only the transaction date, amount, and one line of text will change with each repetitive funds transfer request. The repetitive wire feature facilitates the frequent transfer of funds between the same accounts. Use of repeats provides additional accuracy. security, and processing speed. Accounts can be credited at any SunBank or at any other domestic . financial institution. Selections E through G must be completed to specify the variable parameters (amounts. dates. days) for automatic, system driven transfers. The same accounts must be debited/credited in each AST. Accounts can be credited at any Sun Bank or at any other domestic financial institution. (A five day period is required to set up ASTs). IP551 , KEY HIGHLIGHTS OF ARTICLE UCC-4A: 1. Banks must offer and provide llcommercially reasonable" security procedures. Sun Bank/South Florida utilizes state-of-the-art automated technology to process wtre transfers. User security is assured through the use of PINS for system access, a corporate.test key to verify correct dollar amounts, and callback procedures for wires over a pre-determined amount. 2. Banks are liable for true,interloper fraud; i.e., a third party breaking into a payment network without the aid of the customers. The bank will bear the liability if the customer proves that security was not breached by an in- sider. SunBank encourages you at this time to review your internal security procedures and correct any deficiencies. 3. The recovery of consequential damages is generally prohibited for the late or improper execution of a funds transfer. The bank remains liable for interest lost or incidental expense, but is only liable for consequential damages if the bank con- sents in a written agreement. 4. Payment can be based solely on the identified account number. ' The bank is not legally required to determine whether the name and account number refer to the same person. Article UCC-4A provisions allow a bank to process wires based on account number and routing codes regardless of the account or bank names included in the wire text. . " I {.I " , , .. , :~, ~ ' " I ,~ ADDENDUM TO FUNDS TRANSFER AGREEMENT , I.!'!' . , ELeCTION OF ALTERNATE SECURITY PROCEDURES The undersigned Customer acknowledges that the security procedures in Customer's Funds Transfer Agreement with Bank have been offered to Customer. Customer hereby declines use of the Bank's security procedures and elects to use its own procedures which are described as follows: . Customer and Bank agree that the above-described security procedures requested by Custom~r are commer':ially reasonable for Customer. Customer agrees to notify Bank in the event Customer's circumstances change and the agreed upon security procedures require modification. This Addendum shall remain in effect until an addendum describing new security procedures is accepted by Bank. Customer: Bank: '* By: By: Name: Name: Title: Title: Address: Address: Accepted By Bank: Date: · Mu.t be signed by person authorized to execute the Funds Transfer Agreement. IP 587 N mw/6-91 " , . Page of EXHIBIT A to fu~} FUNDS TRANSFER AGREEMENT anK - (AUTHORIZED REPRESENTATIVES AND ACCOUNT INFORMATION) Listed below are the names of the Authorized Representatives. their transfer limits, the account information, and the account numbers from which each user is authorized to transfer funds in accordance with the Funds Transfer Agreement between Customer and Sun Bank. This list SUPERSEDES all previously submitted authorized representative documentation. CURRENT USERS NOT ON THIS LIST WILL BE DELETED. A new listing must be submitted by the Customer whenever authorized representatives are added, or deleted. Exhibit A must be used to request any authorized representative change. Letters are not acceptable. I (1 ) Account Name PHONE NUMBER Street City State Zip NAME AND PHONE NUMBER MAXIMUM AMOUNT ACCOUNT NUMBERS (Must be Specified) (1 ) $ . (2) $ (3) $ (4) $ : (5) $ Special Instructions/Limitations Bank is requested to issue Personal Identification Numbers (PINS) to each of the Authorized Representatives listed above and to mail those PINS directly to the respective Authorized Representatives at the specified above address. Customer Name: . Authorized Signature: Title: Date: ... Must be person authorized by Certificate of Corporate Resolution authorizing Funds Transfer Agreement. I p 557 ., ' EXHIBIT B to ~~~l FUNDS TRANSFER AGREEMENT anK = (SUNWIRE AUTHORIZED REPRESENTATIVES) The function codes below are applicable only to terminal communications device customers. Each code represents a specific function that can be assigned to individual terminal communications device users. The prospective terminal communications device customer can review the computer communications device users manual for a complete explanation of system functions. Managers should assign users only those specific functions necessary to accomplish the business wire transfer requirements. (1 ) CUSTOMER NAME: (2) NAME OF USER: (3) TELEPHONE #: PC MODEM PHONE # (For Callback Access) (4) PC MODEM BAUD RATE: DATE REQUIRED: (5) CHECK ALL FUNCTIONS TO BE UTILIZED BY THE USER: CHECK (..J\ FUNCTION , a REPETITIVE TRANSFER ENTRY (SECONDARY AUTHORIZATION NOT REQUIRED UNLESS SPECIFIED) 0 NON-REPETITIVE TRANSFER ENTRY (SECONDARY AUTHORIZATION REQUIRED) 0 FUTURE DATED TRANSFER ENTRY 0 FUlURE DATE CANCELLATION 0 ACCOUNT BAlANCE REPORTS 0 TRANSACTION REPORTS 0 SECONDARY AUTHORIZATION 0 NON-REPETITIVE 0 SEMI-REPETITIVE CHECK THE APPROPRIATE BOX IF TERMINAL USER IS AUTHORIZED TO CALL IN WIRES DURING TERMINAL OR LINE OUTAGES. o YES CJNO APPROVED BY: (Please Type Name) · (Signature of Approver) "Must be authorized person designated in the completed Certificate of Corporate Resolution authorizing Funds Transfer Agreement. PLEASE CHECK APPROPRIATE REQUEST: ADD CHANGE DELETE DO NOT WRITE BELOW THIS LINE ------------------------------------------------------ WHEN ADDING A NEW USER A COPY OF THIS FORM WILL BE RETURNED TO REMITTER. UPON RECEIPT OF THIS FORM THE USER WILL BE ABLE TO ACCESS THE WIRE TRANSFER SYSTEM. Assigned User 10: Temporary Password: Assigned by: Date Assigned: (User 10 and password must be entered as stated above. Do not use upper case.) IP 558 " ' , CHECK ONE _ Automatic Standing Transfer _ Repetitive - EXHIBITC :;un) = , to FUNDS TRANSFER AGREEMENT anK (REPETITIVE OR AUTOMATIC STANDING TRANSFERS) TO: SUN BANK Date: In accordance with the Funds Transfer Agreement between the undersigned ("Customer") and SUN BANK. you are authorized to assign Customer a Repetitive Number and establish the transfer indicated below wherein the debit and credit parties remain the same, but date and money amount can be variable. A. DEBIT the following account at Bank Name . Account Name Account Number . B. CREDIT the funds as indicated below. Account Number Account Name Bank Name Branch ABA Number City State C. The MESSAGE to be printed on the advice of credit or to be included in the wire to the bank specilied above is as follows: (Maximum of 3 lines of 80 characters per line; SUNWIRE limited to Slines of 35 characters per line). D. Special Instructions/Limitations SECTIONS ~ THROUGH .Go MUST BE COMPLETED FOR AUTOMATIC STANDING TRANSFERS E. The AMOUNT to be transferred is: ( ) The fixed amount of $ ( ) In Increments of '$ *( ) That portion of the day's opening available balance in excess 01 $ * Available balance equals previous day's collected lunds plus 1 day's float. IP 559 (See Reverse Side) '. . Q ~ WIRE TRANSFER ACCOUNT PROFILE FORM (For Internal Use Only) ACCOUNT NAME: CUSTOMER PHONE NOTIFICATION: I I Yes I ,I No CUSTOMER PHONE NUMBER: CUSTOMER CONTACT PERSON: RESPONSIBLE BANK ACCOUNT OFFICER: OFFICE CODE AND PHONE NUMBER: SUGGESTED ACCOUNT CREDIT LIMIT: TYPE OF SERVICE CHARGE: I I Account Analysis I I Direct Fee (Calling Officer is responsible for setting up customer on account analysis) REQUESTING BANK OFFICER: (PRINT) (SIGNATURE) Date BANK CALLING OFFICER MUST RETURN THIS FORM AND ALL COMPLETED CUSTOMER DOCUMENTATION TO HIS/HER BANK'S WIRE TRANSFER DEPARTMENT. A MINIMUM OF 5 DAYS IS REQUIRED TO SET UP A NEW USER. I P 550 '. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER l i ! ~ SUBJECT: AGENDA ITEM * gD - MEETING OF FEBRUARY 9. 1993 USER AGREEMENT WITH FLORIDA DEPARTMENT OF LAW ENFORCEMENT DATE: February 5, 1993 This item is before you to approve an agreement with the Florida Department of Law Enforcement which allows the Police Department to receive information from the Florida Crime Information Center and the National Crime Information Center. Under the provisions of the agreement, FDLE will arrange for the installation of required telecommunication terminal(s), printer and modern, and required communication line(s), under the provisions of State funding; pay the cost of shipping the terminal(s); and, provide training. Terminal operation personnel costs, equipment power costs, terminal ribbon costs, and other similar costs will be the responsibility of the City. Additionally, the City will be responsible for all costs attributable to neglect cr misuse of the terminal. The City Attorney/s office has reviewed the agreement and approves it as to form. Recommend approval of the agreement with the Florida Department of Law Enforcement which allows the Police Department to receive information from the Florida Crime Information Center and the National Crime Information Center. . - , . _._~.- .. ; Ij ,:... <; ., 1 -7'-! l:JT..~t1F DElAAY BEA[H " r"'~~".fFV'~ OF F'(,~ .-LI\\ :~.\,.r C:.,;:<::'. --, ;.;...1 ') i - . j.. ,\ I! _ t,"- ,: ..~ .,'.~r~p .- f ,-,,'-...J11 MEMORARDUM TO: City Commissioners FROM: Eric D. Hightower, Police Legal Advisor DATE: February 3, 1993 SUBJECT: User Agreements with Plorida Department of Law Bnforcement ==============================================~========================= Attached for your consideration are copies of the user agreements with the Florida Department of Law Enforcement (FDLE). FDLE has asked us to enter into these new agreements because they contain updated language that reflect changes in Florida Statutes as regards dissemination of the information provided. The City Attorney's Office has reviewed the agreements and approves of them. The purpose of the agreements is to allow the Department to receive information from the Florida Crime Information Center and the National Crime Information Center. Such information is essential in gathering information on criminal suspects. There is no additional liability to the City as a result of these agreements. Our main obligation is to follow state law as regards dissemination of the information provided, meaning it can only be used for criminal justice purposes. No additional funds will be needed to carry out these agreements. The terminal is funded by the State. We are only responsible for repairs due to our neglect or misuse. The agreements do not have expiration dates but may be renewed by mutually agreeable terms. EDH/ lrd 't, ,..:,. cc: David Harden, City Manager Jeff Kurtz, City Attorney , . FLORIDA DEPARTMENT OF LAW ENFORCEMENT FLORIDA CRIME INFORMATION CEHTER COMMUNICATIONS TERMINAL USER'S AGREEMENT ,. [0 STATE FUNDED TERMINAL [ ] COST SHARING TERMINAL r. THIS AGREEMENT, ENTERED INTO BETWEEN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT (HEREINAFTER REFERRED TO AS FDLE) , AN AGENCY OF THE STATE OF FLORIDA WITH HEADQUARTERS AT 2331 PHILLIPS ROAD, TALLAHASSEE, FLORIDA AND THE , WITH HEADQUARTERS AT , (HEREINAFTER REFERRED TO AS THE USER), WITNESSETH THAT: 1 ) FDLE IS AN AGENCY OF THE STATE OF FLORIDA AUTHORIZED BY LAW TO ESTABLISH AND OPERATE THE FLORIDA CRIME INFORMATION CENTER (HEREINAFTER FCIC), AND TO PARTICIPATE IN SIMILAR ) MULTISTATE AND FEDERAL SYSTEMS FOR THE EXCHANGE OF INFORMATION RELATING TO CRIMES, CRIMINALS AND CRIMINAL ACTIVITY, AND 2) INFORMATION 081AIMED FROIt lHE Ftlt FILES, OR Q81AtMEO 'mROOGM totlPUln IMUUACiS lG OTHER STATE OR FEDERAL SYSTEMS, BY MEANS OF TERMINAL ACCESS GRANTED PURSUANT TO SECTION 943.0525, F.S., CAN ONLY BE USED FOR CRIMINAL JUSTICE PURPOSES. THE INFORMATION AVAILABLE IN THIS WAY THROUGH THE SERVICES OF FCIC IS RESTRICTED TO LAW ENFORCEMENT/CRIMINAL JUSTICE AGENCIES FOR OFFICIAL USE ONLY. INFORMATION RETRIEVED FROM THE FCIC BY DIRECT TERMINAL ACCESS IS NOT TO BE MADE AVAILABLE UNDER PROVISIONS OF THE PUBLIC RECORDS LAW (CHAPTER 119 F.S.). COMPLIANCE WITH CHAPTER 119, F.S., IS .ACCOMPLISHED BY DIRECTING RECORD REQUESTS TO FDLE PER CHAPTER l1C-6, F.A.C., AND SECTION 943.053(3), F.S. IT IS THE RESPONSIBILITY OF THE AUTHORIZED AGENCY TO INSURE THAT ACCESS TO THE FCIC/NCIC NETWORK IS FOR AUTHORIZED CRIMINAL JUSTIC~ PURPOSES ONLY, AND TO REGULATE PROPER USE OF THE NETWORK AND INFORMATION AT ALL TIMES. 3) FDLE PARTICIPATES IN THE NATIONAL CRIME INFORMATION CENTER (HEREINAFTER NCIC) OF THE UNITED STATES DEPARTMENT OF JUSTICE AND IN THE NATIONAL LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM (HEREINAFTER NLETS), SERVING AS FLORIDA CONTROL AGENCY FOR THE INTERSTATE TRANSMISSION OF CRIMINAL JUSTICE INFORMATION TO AND FROM AGEI/CIES IN FLORIDA AND AGENCIES IN THE CONTINENTAL UNITED STATES, ALASKA, HAWAII, WASHINGTON, D.C. AND PUERTO RICO, AND 4) THE USER REQUIRES TERMINAL ACCESS TO INTRASTATE AND INTERSTATE CRIMINAL JUSTICE INFORMATION SYSTrMS IN ORDER TO EFFECTIVELY DISCHARGE ITS PUBLIC DUTIES, AND 5) AS THIS AGREEMENT APPLIES TO A STATE-FUNDED TERMINAL FDLE IS WILLING TO PROVIDE A TERMINAL CONFIGURATION TO THE USER FOR AN INDEFINITE PERIOD PROVIDED USER AGREES TO COMPLY WITH ALL APPLICABLE FEDERAL AND STATE LAWS, REGULATIONS, RULES, POLICIES, AND PROCEDURES, TO ASSUME CERTAIN COSTS, AND SO LONG AS FDLE RETAINS FULL CONTROL OVER THE MANAGEMENT AND OPERATION OF THE FCIC, OR 6) AS THIS AGREEMENT APPLIES TO A COST SHARED TERMINAL FDLE IS WILLING TO ALLOW LOCAL LAM ENFORCEMENT/CRIMINAL JUSTICE AGENCIES WISHING TO PARTICIPATE IN THE FClC TELECOMMUNICATIONS SYSTEM TO 00 SO THROUGH A COST-SHARING PROGRAM PROVIDED THAT THE USER AGREES THAT APPLICABLE FEDERAL AND STATE LAWS, FDLE/FCIC RULES, REGULATIONS, POLICIES AND PROCEDURES WILL BE FULLY ADHERED TO, AND SO LONG AS FDLE RETAIIIS FULL CONTROL OVER THE MANAGEMENT AND OPERATION OF THE FCIC, AND PROVIDED THAT THE USER HAS REQUESTED ACCESS TO FCIC, NCIC, AND tlLETS BY BECOMING A PART OF THE FCIC SYSTEM, AND HAS EXPRESSED A WILLINGNESS TO REIMBURSE FDLE FOR PROVIDING THIS ACCESS. Page 1 of 5 -.-..-.-"" ~ -"""._- . 3) THE FOLLOWING USER RESPONSIBILITIES ARE ASSIGNED IN REGARD TO THE TERMINAL EQUIPMENT PROVIDED BY FDLE: - ON TERMINAL RELOCATIONS. TO DISCONNECT TERMINAL PLUGS FROM DATA CIRCUITS, PHYSICALLY RELOCATE THE TERMINAL EQUIPMENT TO THE NEW LOCATION, AND RECONNECT THE TERMINAL EQUIPMENT INTO THE NEW DATA CIRCUIT. - RECEIVE NEWLY ASSIGNED TERMINAL EQUIPMENT AND VERIFY SERIAL NUMBERS. FDLE ASSIGNED PROPERTY NUMBERS SHALL BE REPORTED TO FDLE UPON RECEIPT OF EQUIPMENT OR UPON REQUEST OF FDLE. - CLEAN THE TERMINAL EQUIPMENT ON A MONTHLY BASIS OR AS REQUIRED. - REPORT TO FDLE WITHIN 5 DAYS THE SERIAL NUMBERS OF ANY TERMINAL EQUIPMENT REPLACED ) BY THE VENDOR DUE TO MECHANICAL FAILURES. PROVIDE A BRIEF SYNOPSIS OF THE EQUIPMENT REPLACEMENT. 4. TO ALLOW ONLY LAW ENFORCEMENT/CRIMINAL JUSTICE AGENCY PERSONNEL WHO HAVE BEEN pROPERLY SCREENED TO OPERATE THE FCIC TERMINALS, OR HAVE ACCESS TO iNFORMATION CONTAiNED ~tlMtM TIlE FCIC/NCIC SYSTEM OR OTHER STATE CRIMINAL JUSTICE INFORMATION SYSTE11 FILES. 5. SHOULD THE TERMINAL MALFUNCTION OR BECOME INOPERABLE, FDLE/FCIC WILL BE NOTIFIED IM~tmIATEL Y. ALL COSTS ATTRIBUTABLE TO USER'S NEGLECT OR MISUSE WILL BE THE USER'S RESPONSIBILITY . FCIC WILL EXECUTE TROUBLE SHOOTING PROCEDURES AND CONTACT NECESSARY MAINTENANCE PERSONNEL. 6. TO MAINTAIN RECORDS OR CERTIFIED TERMINAL OPERATORS AND REQUIRE EMPLOYEE ATTENDANCE AT TRAINING CLASSES PROVIDED. USER AGREES TO REMOVE FROM TERMIIIAL OPERATION RESPONSIBILITIES ANY AGENCY EMPLOYEE WHO FAILS TO ACHIEVE REQUIRED CERTIFICATION STANDARDS. 7) TO OPERATE THE TERMINAL DURING ITS REGULAR W~RKING HOURS. USER AGENCIES THAT DO NOT MAINTAIN A 24-HOUR, SEVEN DAY A WEEK OPERATION WILL NOT BE ALLOWED TO MAKE ENTRIES INTO THE FCIC/NC)C WANTED FILES. 8) TO PROVIDE ASSISTANCE TO OTHER LAW ENFORCEMENT OR CRIMINAL JUSTICE AGENCIES NOT EQUIPPED WITH AN FCIC TERMINAL IN KEEPING WITH FDLE/FCIC STAIIDARDS. BUT ONLY TO THE EXTENT THAT SUCH ASSISTANCE IS NOT OTHERWISE PROHIBITED. 9) TO SEND ONLY CRIMINAL JUSTICE/LAW ENFORCEMENT MESSAGES OVER AND THROUGH THE FCIC NETWORK. ALL MESSAGES WILL BE TREATED AS PRIVILEGED UNLESS OTHERWISE INDICATED. HOWEVER. INFORMATION CLASSIFIED UNDER PERTINENT FEDERAL LAWS AND INSTRUCTIONS WILL NOT BE TRANSMITTED. 10) TO OPERATE THE TERMINAL AND OTHER~IISE CONDUCT ITSELF IN STRICT COMPLIANCE WITH APPLICABLE FCIC, NCIC, AND NLETS POLICIES INCLUDING, BUT NOT LIMITED TO. POLICIES, PRACTICES AND PROCEDURES RELATING TO: A) CONVERSION AND ENTRY OF INFORMATION FOR CONVERSION. B) VALIDAT[ON AND CERTIFICATION. PAGE 3 of 5 '. - PERFORMANCE OF SERVICES HEREUNDER WHEN IN ITS REASONABLE ESTIHATION THE USER HAS BREACHED ANY MATERIAL TERM OF THIS AGREEMENT. FOR THE PURPOSES OF THIS PARAGRAPH AND THiS AGREEMENT, THE VIOLATION OF ANY SPECIFIC TERM OF THIS AGREEMENT OR OF ANY SUBSTANTIVE REQUIREMENT OR lIMITATION IMPOSED BY THE FEDERAL OR STATE STATUTES, REGULATIONS, OR RULES INCORPORATED INTO THIS AGREEMENT SHAll BE DEEMED A BREACH OF A MATERIAL TERM OF THE AGREEMENT. USER ACKNOWLEDGES THAT UNDER THE APPROPRIATE TERMS OF THIS AGREEMENT, THE FOLLOWING FDLE CONDITIONS ONLY ARE]2J APPLICABLE: STATE FUNDED TERMINAL: 2A ~] COST SHARED TERMINAL: 2B ~] ) J RESPONSIBILITY FOR PERSONNEL TO THE EXTENT PROVIDED BY THE LAWS OF FLORIDA AND OF THE UNITED STATES, USER AGREES TO BE RESPONSIBLE FOR THE NEGLIGENT OR DELIBERATE ACTS OR OMISSIONS OF ITS PERSONNEL ARISING OUT OF OR INVOLVING ANY INFORMATION CONTAINED IN, RECEIVED FROM, ENTERED INTO OR THROUGH FCIC/NCIC, OR OTHERWISE IN THE EXERCISE OR ENJOYMENT OF THIS AGREEMENT. IN WITNESS HEREOF, THE DULY AUTHORIZED OFFICIALS OF THE RESPECTIVE PARTIES SET THEIR HANDS AND SEALS THIS_ DAY OF 19_ S/ AUTHORIZED CONTRACTING OFFICIAL CITY OF DELRAY BEAOi, FIDRIDA Attest: By: Mayor Thanas E. Lynch City Clerk Date: Approved as to fonn and Legal Sufficiency: City Attorney - Delray Beach SI COMMISSIONER, FLORIDA DEPARTMENT OF LAW ENFORCEMENT Rev: 04/91 Page 5 of 5 - FLO'RIDA DEPARTMENT OF L ' ENFORCEMENT EXCHANGE OF CRIMINAL HISTORY RECORD INFORMA nON USER AGREEM ENT -. This AGREEMENT, entered into this elay of ,19---, by and between the FLORIDA DEPARTMENT OF LAW ENFORCEMENT (hereinafter "FDLE") and the (hereinafter the "USERj witnesseth that: FOLE is an agency of the State of Florida, established by law (Section 20.201 and Chapter 943. F .s.) and in'lelt- ed with power and authority to establish intrastate systems of fmgerprint analysis and identification (SubleCtion 943.05(2), F .s.) and intrastate systems of communication. of vital statistics and infonnation relatin, to crimes, criminals, and criminal activity (Subsection 943.05(2)(b), F .s.); FDLE has received criminal justice information system funding from the Law Enforcement Assistance Administration of the United States Department of Justice and is subject to and must, therefore, demand that the intrastate usen of its criminal history record services likewise adhere to federal regulations relating to the collection, handling, and dissemination of state criminal history records and information derived therefrom (Chapter I Ie, F .A.C.; Chapter I, Tide 28, Part 20B, C.F .R.); ) FDLE is authorized by law (Subsections 943.03(4) and 943.0S(2)(b), F.S.) to enter into agreements and become part of federal and intentate systems for the collection and exchange of crimina1 history records and other information relating to crimes, criminals, and criminal activity; FDLE is a participant in the National Crime Information Center (NCIC) of the Federal Bureau of Investtaltlon, United States Department of Justice, and, otherwise, exchanges criminal history record information with the Federal Bureau of Investigation pursuant to the above state statutes and subject to federal regulations (Chapter 1, Tide 28, Part 2OC, C.F.R.) and laws (Sec. 201 of Publ. Law 92-544, 86 Stat. 1115;28 u.s.e. 534). As such, FOLE must enforce and demand that its user agencies comply with pertinent federal provisions relating to the collection, use, and dissemination of records and record information derived from the systems of the United States Department of Justice; USER (or a subdivision of USER, to wit: ) is a duly authorized law enforcement or criminal justice agency within the State of Florida and desires the services of FOLE in order to carry out functions associated with criminal justice administration, and FDLE is required and willing to provide such services so long as aU applicable federal and state laws, rules and regulations are strictly complied with; Now, therefore, in light of the foregoing representation. and the promises, condJtJon., term., and ~ther valuable considerations more fully set forth hereinafter or incorporated by reference and made a part hereof, the FDLE and USER do mutually agree as fonows: I) FDLE AGREES TO: a) Act as the central state repository. providing identification, recordkeeping, and exchange of criminal h.tory record infonnation services; b) Provide USER with such state criminal history records and information for criminal justice pur. poses as may be contained in its systems and legally available to the USER; c) Act as an intermediary between USER and the United States Department of Justice in securing for the use and . benefit of USER such federal and multistate criminal history records or infor. mation as may be available to USER under federal law and regulations; d) Upon request, aIIist USER in ita staff orientation to the privacy and security requirement. im. posed by present and proposed .tate and federa1laws, rules, and regulations; e) Provide USER with an Identification Manual setting out and explaining appropriate procedures for completing fmgerprint cards, disposition reports and otherwise, advising the USER of services available; f) Provide state criminal history record check services for non-criminal justice purpOIet in accor. dance with provisions of Chapter 11 e-6, F .A.e. FOLE FORM m 434-1 (8-84) . .. - .... TERMlNA nON 'j Each party retains the right to discontinue lervice without caUIe upon maDinI of forty.fave days written notice. Each party may tenninate thb agreement for alUIe. More partJcu.luIy, FDLE I"eIeIYeI the right to discontinue service without notice u1.oo presentation to it of reasonably credible evidence that USER is violadnl thilapee- ment or any pertinent edem or state law, regulation or role. Moreover, Clute Iball also be deemed to eut if any tenn of this agreement is found to be inYllid, if any chanle in the lawsappUcable to either party require. either party to curWl perfonnance hereunder, or if changed circumstances require either party to perfonn lOb- stantiaDy more or lea than W8I envisioned at the time this agreement WII executed. In lOch circumstances, the other party may tenninate perfonnance or demand renegotiation (under clault 12) upon written notice to the other party that the changed circumstances, if known at the time of execution of this contract, would have foreclosed that party's entry into the agreement. INDEMNIFICA nON To the extent provided by the laws of Florida, Uler agree. to be responsible for the negligent acts or om_ions of its personnel arising out of or involving any actions taken by pel'lOMel of User as a result of any infonnation contained in, received from, entered into or through FCICI ),} NCIC. IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed by the proper ofracen and officials. Attest: CITY OF DELRAY BEACH, FLORIDA (USER AGENCY) By: City Clerk . Mayor Thanas E. Lynch Date: Approved as to fonn and Legal Sufficiency: City Attorney - Delray Beach FLORIDA DEPARTMENT OF LAW ENFORCEMENT BY WITNESS TITLE TITLE DATE FDLEFORM CRB 434--3 (8-84) <:0 ---,--- . . :?L I / [ITY DF DELRAY BEA[H 10C f\ I', ""., ",.VENUE . DELRAY BEACH, FLORIDA 33444 . 407/243- 700:, MEMORArmUM TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITE~ #~t: CITY COMMISSION MEETING 2/9/93 AGREEMENT/DELRAY SlW".MIT I INC. DATE: February 4, 1993 ACTION City Commission is request:.ed to approve the agreement with Delray Summit, Inc. BACKGROUND The attached agreement has been revised per City Commission direction given at your workshop on 2/2/93. Through the agreement a finding is made that public parking is no longer needed on the north side of Lowry Street, provides that paved parking on the south side of the street can be used exclusively by residents and/or guests of the Summit, obligates the City to remove pavement from the right-of-way on the north side between Basin Drive and the Intracoastal and to replant this area, and provides for occasional use of the north swale area and an appeal process if parking in this area is abused. All parties concerned have agreed to this solution in principle. RECOMMENDATION Recommend approval of the agreement with the Delray Summit, Inc. Attachment RAB:kwg THE EFFORT ALWAYS MATTERS . . . . 0'2/04/93 10:31 FAX 407 832 8987 BECKER.POLIAKOFF +H CITY:DELRAY BCH. ~004 _ ____ _.aJ~!..,,~." AGREEMENT THIS AGREEMENT is made this day of , 1993 between The City of Delray Beach, Florida, a Florida , . municipal corporation (the "city"), and Delray SwnmJ.t, Inc., a Florida not-for-profit corporation (thE': "summit"). WHEREAS, the City and the Summit entered into an Agreement dated September 17, 1985 regarding public parking on Lowry Street (the lIprior Agreement"); and. WHEREAS, the Prior Agreement stated that the city determined a need exists for additional public parking on Lowry street; and WHEREAS, the city has determined a need no longer exists for pUblic parking on Lowry Street; and WHEREAS, it is recognized, however, that a need exists for visitor parking for the summit, and the city and the summit desire to meet this need. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the receipt and sufficiency of which the parties do hereby acknowledge, the parties agree as follows: 1. All of the above recitals are hereby incorporated by reference as if set forth in full herein. 2. The pavement of the nine (9) parallel parking spaces located on the north side of Lowry street across from the Summit (as more particularly shown on the sketch of the site attached as Exhibit "A" hereto) shall be removed and such area shall be re- landscaped by the city at the city's expense. 3. The city shall not perform any work under this Agreement during the "season", which is defined for purposes of this Agreement as November 1st through April 30th. Such work must be completed within a reasonable period of time subsequent to the commencement thereof. 4. The south side parking spaces shall be designated for the exclusive use of the Summit's owners, residents and their guests, visitors and invitees. Such designation shall not be changed without the written consent of the Summit. S. The obligation to maintain the parking on the south side of Lowry street shall be solely the obligation of the Summit. If after thirty (30) days written notice the Summit fails to undertake required repairs or maintenance (as determined by the City) of the subject parking area, the city may have the work done and charge all costs to the Summit and may lien the property owned by the Summit if not timely paid. Attached hereto as Exhibit "B" is a description of the property comprising the Delray Summit Condominium. . 02104/93 10:32 FAX 407 832 8987 BECKER,POLBKOFF +'H ClTi>DELR.AY BCH. . 42100-5 6 . To the extent permitted by law, the Summit agrees to hold harmless, save, defend and indemnify the city of Delray Beach, its agents, employees, and officials from all claims, suits and actions of any nature arising from the use of the south side parking by the Summit, its members or persons providing services to its members. However, this paragraph shall not be applicable to suits by adjacent property owners contesting the rights of the city or the Summit to provide public or private parking on the right-of-way of Lowry street. The city shall be responsible for all costs, expenses and damages which it may incur as a result of such suits. 7. As of the date of this Agreement, there are no water, sewer and/or drainage improvement plans for Lowry Street. Should any such plans be developed prior to the removal of the pavement on the north side of Lowry street and subsequent landscaping, implementation of suoh plans will be completed in conjunction with the landscaping work. Nothing in this paragraph shall be construed as requiring the city to develop any plans for ~ater, sewer and/or drainage improvements on Lowry Street. Final approval of all designs, including landscaping, is at the sole discretion of the city. 8. city codes regarding parking on the improved (landscaped) right-of-way on the north side of Lowry street landscape maintenance, and any other access easements shal_ apply; provided, however, parking vehicles in such area shall not be prohibited or restricted unless the summit breaches its obligations under this paragraph as determined by the city commission. The Summit, and the owners and residents of the units in the SUI1Ullit, shall make good faith efforts to instruct their employees, quests, visitors and any oompany, person or entity providing any service to the Summit or any unit to utilize the parking on the south side of Lowry street (as indicated on the sketch attached hereto ,as Exhibit "AU) , if possible, before using the north side parking area. The Summit and its residents and unit owners shall also make a good faith effort not to utilize the north side parking spaces unless the south side is full or otherwise unavailable for use. Landscape maintenance of such area per code is the responsibility of the adjoining property owner. 9. The term of this Agreement shall be ten (10) years renewable for additional successive ten (10) year terms upon the consent of the parties or their successors and assigns. The terms hereof may not be modified except by the written consent of the City and the summit or their successors and assigns. Each party agrees that this Agreement is binding upon such party and their successors and assigns and shall not be modified or terminated except as provided by the terms hereof. 2 02/04/93 10:33 FAX 407 832 8987 BECKER, POLIAKOFF +..... CITYiDELRAY BCH. I4J 006 10. In the event of any dispute between the parties related in any manner to this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including all attorneys' fees incurred before and after the filing of any legal action or administrative complaint, from the other party. Such right of recovery shall include all appellate proceedings. 11. The City warrants this Agreement shall be enforceable against any petition or legal action brought by any party to alter or terminate the parking rights on Lowry street set forth in this Agreement. 12. In the event any of the terms or provisions of this Agreement are deemed invalid or unenforceable for any reason, the remaining terms and provisions shall not be affected and shall remain in full force and effect IN WITNESS WHEREOF, the parties hereto executed this Agreement as of the date set forth hereinabove. Attest: CITY OF DELRAY BEACH, FLORIDA By: city clerk Thomas E. Lynch, Mayor DELRAY SUMMIT, INC. By: Secretary , President J , 02/04/93 10:30 F.~l 407 832 8987 BECKER, POLIAKCFF ......'" CITY.:DELRAY BCH. I4J 001 - LAw OF,fICES AS FEB 04 199., BECKER & P~LIAKOFF, P.A. : .,1 BOCA RATON CLe:ARWA TER FORT MYERS Houywooo ME1.BOORNE M1~ NAPLES ORU,NDO ST, PETERSBORO S'-AASOT^ T AU.AHASSEE TAMP... Wr=sr PMM BEACH QI\IlY A.. Pa.JNl0l'F RUlLc:not!S &nWINCl ADMIl'IISTRATJVE OFACF..!J Rl!Pty To: 450 AuSlllAUA" AVENUE SQqT11 u.u.u.~C~ft!P_ AIM S. at(l<t!lt 1111 SnllUllCl ROIlD West 'al. Beach RoeEII'T J. M.owIE 7Tl1 Fl.OOlI F(IlT ~ F1.33312-652:1 ""'" E. T_ WEST PAlJI\ BEACH. n33401-5034 FOIlT ~ (305)987.7550 Direct Line: "'l'ITHOl'l~ ^- KAL1JcH; PAl}\ BEACH (407) 655-'444 Ft~ Tou.Foa /800)412.1712 ON1l!L S. R=1I'oUI'I BROIVAlll) (305) 421-1471 (407) 820-2872 SHAIlON .... WElIElI ~IoR'IC.R= MAJrnn (407) 546-6700 ...~ /ol LEw€ Fl.ORIIlA TOlL Fm: (800) 462-1783 U:E H. 8<JRQ "'ACSII'IlLE (407) 832.8987 Roearr L T.w<a. CIWlI.ES No TI[Tt"'; February 4, 1993 SitVel'I 8. ~ RICIWlO H. Bllm toWmrt I. J~ MlOlELE Q. MUll YIA FACSDo:LB - (407) 243-3774 H~1Il'l!IIT 00 all(lC1l. JR. CIWII'I. I"tcCLfWolllat 0...Il1O H. ROOl!I. Robert Baroinski, Assistant EUDl Q. HIIlSOl D~ A. HAAS city Manager JO!IEPIl E. A~ KPTM P. iN;:lcp ci~y of Oelray Beach NMC\' E. BMlIlTEIl DortM D. __ 100 N.W. 1st Avenue AWSCiI'I K. BEnfEL Delray Beach, FL 33444 JOEL B. BUll'IIII!IlI:i /lIlOlA!l. J. B_ K"T1UEn 1'\. IklR=ot C JOtIrt C.....nEl<<l1 RE: Agreement with De1ray Swmait, Inc. regardinq lJ:Jwry THEDo'\ J. Cowrt& JJ\I'IC R. PllFutIO Street Parkinq ROSA 1'\. Ol! LA c_ KEI'H!nl s. Ofll€lmlll J[I<rtIP'Dl B-...u DRI\K1! Dear Mr. Barcinski: 04llI!l AI.NC 0_ o...."s.~ S11!\IEN /ol F IIUt In to the City Commission's workshop held SI_ F!ll1lO response H..1IOtb E. ~ last evening, enclosed is a revised copy of the proposed DoREn" M. KrooERR H. p^Ut KOllCtES Agreement between the- city of Delray Beach and Delray ~ l. ~KIlR H&<;TQll Eo I,QRA summit, Inc. regarding parking on the right-of-way CIlACE N. /'WoII1E easements along Lowry; Street. At the workshop meeting, Eva.". /'I. MEIICIlMT PtMIrc. ~ the Commissioners unanimously approved the proposal that AI..BE1m:l N. MOImi 8EI'l/lElT I.. RAIIIrt the parking area on the south side of Lowry Street would O^YIO H. R_ be designated for the exclusive of the and 1..Ml" BIlOllI<S ROlIII'lIiQIl use owners IlQI5I'Jl'TRu_ guests of the Delray s unun it Condominium and that with H~o ~ ROIWI Jru. II. S<:><wAA12 respect to the north side area, the pavement would be ElJZIIIIE:ll1 L TRuItxJ! P IoU\, L. W"-V< removed and replaced with landscaping and that parking on M1cHo'\EL It. WHITT such area would not be restricted for at least the term of l.mrl Sv-r.;Qrt WQOOI MIcHAEL )to ZHArt<l the Agreement unless the Delray Summit breached its AM! E. lJIoE:r OF C:OllNSI!l. obligation to not utilize such area for parking unless the eE1ll'llE FR\EDIWI south side area was full or otherwise unavailable for use. K...~ V,TOI1o'\ Cr.ROl. Y PErlEltSEII It was also agreed at the workshop that the Condominium CEOlI<lE WElI1IWlM Assooiation would not be reimbursed for funds previously eXP7n~ed , paving the north side area. The only ~n reV1S10ns to the enclosed Agreement that I previously provided to you are the deletion of the paragraph regarding the City's reimbursement of the Association and the renumbering of the remaining paragraphs. Assuming that the Agreement is finalized and executed in the near future, please contact me with respect to the issue of whether the Association may erect a sign indicating that the south side parking area is for the use of the owners and guests of Oelray Summit. In light of ---. .~ . 02/04/93 10: 31 FAX 407 832 8987 BECKER,POLIAKOFF ~+.. CIIT"DELRAY BCH. !4J 003 . - --- . - ..- -... - Robert Barcinski, Assistant city Manager city of Delray Beach February 4, 1993 Page 2 the fact that the owners and guests of Delray summit will have the exclusive use of such area, the Association must be able to post this type of notice in order to ensure that unauthorized vehicles do not park in such area. I also need an opinion from the city Attorney reqarding whether the City will enforce the exclusive use of the south side parking by the owners and quests of Delray Summit. In accordance with the city Attorney's opinion, I would like to make another minor change to the Agreement stating that the City will enforce Delray Sl.U1UI\it's exclusive use of the south side parking area. If you have any questions or comments, please feel free to contact me. PCM/dW Enclosure cc: Board of Directors, Delray Summit, Inc. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER tYrv/ SUBJECT: AGENDA ITEM # gF - MEETING OF FEBRUARY 9. 1993 RATIFICATION OF DONATION TO THE DRUG ABUSE FOUNDATION DATE: February 5, 1993 At the February 2nd workshop meeting the Commission, by consensus, approved the donation of $10,000 from the Federal Forfeiture Assets Fund (Account No. 115-2112-521-49.90) to the Drug Abuse Foundation to assist in the relocation and expansion of their half-way house. This item has been brought forward for formal approval. Recommend approval of the donation of $10,000 from the Federal Forfeiture Assets Fund (Account No. 115-2112-521-49.90) to the Drug Abuse Foundation to assist in the relocation and expansion of their half-way house. .,. , . /jJ- ( . ~j \..- < ' ~ l'~ --I ~(."'-tl Delray Beach Police Department .~;&. 300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 RICHARD G. OVERMAN (407) 243-7888 Fax (407) 243-7816 Chief of Police JAN C ~ I))J MEMORANDUM CITY MAN AGER'S 01-1-/(;1; TO: David T. Harden, City Manager ~ FROM: Richard G. Overman, Chief of Police DATE: Janu?iry 20, 1993 SUBJECT: DONATION TO THE DRUG ABUSE FOUNDATION Attached you will find a copy of a letter from Mr. Taylor requesting our financial support for the relocation and expansion of their halfway house (presently on North Federal Highway) to the main campus at 400 South Swinton Avenue. It is my opinion that the Drug Abuse Foundation provides a vital service to our community and the expansion of these services can only further benefit those in need in our community. The Drug Abuse Foundation will also soon assume the responsibility of being the receiving facility for detox cases in the South County area. Under this new arrangement, dedicated beds and staffing will be expanded from the four (4 ) beds presently available at South County Mental Health to fourteen (14) beds at the Drug Abuse Foundation. This should greatly assist in reducing officer time committed to Meyers' Act cases in our city. I would recommend that we appropriate $10,000.00 from the Federal Forfeiture Assets Fund (115 2112 521 49.90) to support this endeavor. RGO/RML/ppt Attachment COMMITTED TO THE IMPROVEMENT OF THE QUALITY OF LIFE (4) ., DRUG ABUSE January 8, 1992 FOUNDATION Richard G. Overman of Pal", Beach County, Inc. Officers Chief of Police City of Delray Beach Police Department Sue McMaster 300 W. Atlantic Avenue President Delray Beach, FL 33444 Leo,\?ld Trifari, M.D. ice President Dear Chief Overman: Daniel Gewartowski, D.D.S. Treasurer The purpose of this letter is to modify the original proposal we submitted to Dr. Emanuel Newsome you. In our original proposal we outlined several initiatives on which we Secretary sought your support. While we would still like to work with you on all of Richard Siemens those initiatives, one of them has become a crucial priority for us now. If Life Director you could assist us with this one now, we would be happy to set the others Leon M. Weekes aside until we can mount the proper strategy for building support from the Life Director other area police departments as you suggested in our earlier conversations. Directors Chief, here is our problem. In our original proposal to you we outlined the Claudia A. Sweeney Ernest G. Simon. Esq. relocation and expansion of our halfway house as an important initiative in Lorenzo Brooks addressing the drug problem. We have had to make this expansion a priority Denny De Sio because the existing facility where our halfway house is located is in need of Pastor Lenard Johnson serious renovation. We believe to renovate those old buildings would not be William J. Wood Constance Calo~gero cost effective. We have a building on our campus site that would make an Advisory Committee excellent halfway house, but it will require some renovation since it is currently a day care center. We have received a sizable pledge of Howard Schwartz, Chairman approximately $30,000.00 against this renovation cost and are working now Mary McCarty with another individual whom we believe is ready to make an important Richard Lincoln Meril Stumberger donation to help us with the renovation cost as well. Chief, if you could Nancy Hunt contribute a sum of between $10,000.00 and $20,000.00 of your L.E.T. Wilfred Hawkins Funds it would help us make this renovation a reality. Whatever you can do Steven Abrams Billie Linville will be a help. I would be happy to take you over to both the facilities so that you can see where we are and why we want to move. Alton Taylor, M.Ed. Chief Executive Officer Chief Overman, , know that you are a fervent supporter of treatment as one TREATMENT PROCRAMS element of fighting drugs, so I will spare you the usual justification for Screening, Evaluation, and supporting this project. Case Management Residential Services Thank you so much for your support. Should you have any questions Outpatient Services regarding this request, please feel free to contact me as soon as possible. DaylNight Services Family Services CRIMINAL JUSTICE PROCRAMS Respectfully, Sheriffs Drug Farm Drug Abuse Foundation of Palm Beach County, Inc. Civil Drug Evaluations Department of Corrections U.S. Department of Justice Alton Taylor, M.Ed. ~ PREVENTION PROGRAMS Executive Director & CEO ALPHA I Program ~: Major Richard Lincoln, City of Delray Beach Police Dept, ALPHA n Program ALPHA ill Program BET A Program Early Intervention Outreach Program . fill] "Partnership 200o-Indomitable Spirit for Change" .....- '400 S. Swinton Avenue . Delray Beach. FL 33444 . TEL: 407/278-0000 and 407/737.-0800 . FAX~ 77f,-F:l~S'J , . ., Ii 8' G IC>t,) C I T Y COM MIS S ION DOC U MEN TAT ION TO: (w"11: CITY MANAGER FROM:~~AVID J. KOVACS, ~ DEPARTMENT OF PLANNING AND ZONI~ & ~kl 4 LULA BUTLER, DIRECTOR ~ ~ ~~ DEPARTMENT OF COMMUNITY MPRO~~ENT SUBJECT: MEETING OF FEBRUARY 9, 1993 ALL AMERICA CITY APPLICATION - BACKGROUND ACTION REQUESTED OF THE COMMISSION: This item is brought before the City Commission for information purposes and for direction. While no formal action is required, it is desired that a consensus be reached regarding the direction which is being pursued; thus, allowing the administration to continue with the application process. BACKGROUND: Last year the City of Delray Beach applied for designation of "All America city". The full title of the program is: All-America City Award for Community Progress and Improvement through Citizen Action, Effective Organization, and Inter-Sectorial Cooperation This award program's focus is upon the concept of Civic Infrastructure. It is a qualitative concept intended for use in evaluating the social and political fabric of a community: how decisions are made, how citizens interact with one another and with government, and how challenges to the community area met. There was no criticism or critical review of the applications which we made last year. We were one of more than 140 applicants, thirty of which were declared finalists. Many finalists were repeaters. &'6 . . City Commission Documentation All America City Application - Background Page 2 This year's schedule is: * Submission by March 24th * Announcement of finalists on April 12th * Presentations in Tampa on May 20-22. Proiect Selection: There are to be three "projects" showcased in the application. The projects chosen last year were entitled: * The Decade of Excellence Bond Program * The Neighborhood Stabilization Program * Downtown Revitalization. Projects which seem appropriate for this year's application include: * Old School Square and OSSHAD * The Decade of Excellence Bond Program * Downtown Renaissance * Sharing for Excellence in Delray Schools * Community actions in the northwest and southwest as they relate to community clean-up, drug prevention, housing assistance, community policing, and the like While others may be considered, it is likely that the selected projects will come from the above list. Final selection will occur with our citizen "partners". Community Partners: It is imperative that citizens of our community provide the energy and leadership in preparing the application and making the presentation in Tampa. There are many aspects to the "application". These include: * project selection and writing the application (the easy part) * design and preparation of the community presentation * participation in the community presentation (a cast of hundreds) . . . including logistics, car pooling, lodging, etc. * design and preparation of the community booth, along with hosting it in Tampa showing the spirit in Tampa. There is no "selection" process for citizen partners. Individuals have already contacted us in volunteering their services. Exposure to the competition, such as this Commission meeting, will bring out those who are willing to roll up their sleeves and dig in. COMMISSION DIRECTION: If you like what you see and hear, just shout "GO FOR IT!!!" DJK/T:CCCITY.DOC .. tl( tJ-\ EIT' DF DELIA' HEAEM CITY ATTORNEY'S OFFICE 200 NW 1sl AVENUE' DELRAY BEACH. FLORIDA 33444 FACSII..fILE 407/278-4755 Writer's Direct Line (407) 243-7091 MEMORANDUM DATE: February 4, 1993 TO: City Commission FROM: Susan A. Ruby, Assistant City Attorney SUBJECT: Hollis vs. the City of Delray Beach Our office has received an offer to settle the above-named case in the amount of $75,000.00. It is our office's position that this demand be rejected. By separate cover, our office has delivered to you, the demand letter from Plaintiff's counsel and and explanation of the case from our office which sets forth the details of the case. By copy of this letter to David Harden, City Manager, our office--requests that this settlement be placed on the City co~nsent agenda for February 9, 1993. SAR:c cc David Harden, City Manager Alison MacGregor Harty, City Clerk 5?H '~ . - " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ,~/~ i c SUBJECT: AGENDA ITEM i g -r: - MEETING OF FEBRUARY 9. 1993 RESOLUTION NO. 15-93 DATE: February 5, 1993 This is a resolution objecting to a proposed .State-wide rate structure and territorial dispute jurisdiction of the Florida Public Service Commission over governmental water and sewer utility systems. This resolution follows direction received at the February 2nd workshop at which time the Commission, by consensus, opposed the proposed Public Service Commission Bill. Recommend approval of Resolution No. 15-93. ., II II RESOLUTION NO. 15-93 il ! A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ii DELRAY BEACH, FLORIDA, OBJECTING TO A PROPOSED i STATE-WIDE RATE STRUCTURE AND TERRITORIAL DISPUTE I JURISDICTION OF THE FLORIDA PUBLIC SERVICE COMMISSION I OVER GOVERNMENTAL WATER AND SEWER UTILITY SYSTEMS; AND ! PROVIDING AN EFFECTIVE DATE. ! i WHEREAS, the City of Delray Beach, Florida, a local , governmental authority, owns and operates a water and sewer utility I system; and I I WHEREAS, under Article VIII of the Florida Constitution, and I Home Rule Powers Acts, the City Commission has legislative responsibility and authority to requlate the rate structure and the i rates, fees and charqes of its utility system and resolve territorial disputes; and WHEREAS, the City Commission, as the duly elected and/or appointed local representatives of the customers of its utility system, best understands and can respond to the local needs and circumstances o.f its customers, which allows provision of utility services to the public in the most environmentally sound and economically responsible manner; and WHEREAS, local governments have been at the forefront of Florida's efforts to conserve water via effluent reuse, water use restrictions, innovative conservation, rate-making and stormwater management, individually structured to meet locally recognized circumstances; and WHEREAS, the Florida Public Service Commission is far removed from local environmental conditions, local economic conditions and local use characteristics, and is not representative of the customers of the utility systems; and WHEREAS, transfer of rate structure and territorial dispute jurisdiction from the local governmental representatives to the Florida " Public Service Commission in Tallahassee will usurp the sovereiqnty of ., local government, will remove local accountability, will unduly add !i another layer of bureaucracy and significantly increase and duplicate " costs and expenses for the operation of public utility systems, will d result in increased rate burdens on local customers; and :1 WHEREAS, transfer of rate structure and territorial dispute II jurisdiction will siqnificantly impair existing public utility bond issues and covenants and threaten the stability of governmental municipal finance of water and sewer utility systems; and \1 WHEREAS, numerous other State agencies and the State's 'I judicial systems already provide comprehensive requlatory protection of " environmental and territorial issues, including the Department of 'i Environmental Regulation, the State Water Management Districts, the local environmental protection agencies and the Department of Community Ii Affairs, obviatinq the necessity of any additional requlatory layers. d I' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION .1 OF THE 11 CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: II 1. That the City Commission of the City of Delray Beach, Florida, vigorously opposes and objects to any proposed transfer of d jurisdiction to the Public Service Commission of rate structure it jurisdiction, territorial dispute jurisdiction or any other jurisdiction !! over the rates, fees and charges and operations of utility systems of i local governmental authorities. !I " , . - .. - - 2. That the current constitutional, legislative and judicial framework of environmental and economic regulation of governmentally owned water and sewer systems best serves the public interest and ensures protection of the environment and the economic needs of the , public by the governmental authority most representative and responsive I to the needs of the locality. 1 3. That this Resolution shall take effect immediately upon passage and shall be delivered to the Governor, local State i Representatives and legislative delegation, the Department of ! Environmental Regulation, and the Water Management District. i PASSED AND ADOPTED in regular session on this the 9th day of i i February, 1993. , 1 I' 'I I, MAY 0 R " ;1 :1 ATTEST: :1 !! City Clerk II :i , :, :l " d il 11 'I .1 ~: - I , 1 ! -2- Resolution No. 15-93 ., MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~l SUBJECT: AGENDA ITEM # g-::r - MEETING OF FEBRUARY 9. 1993 RESOLUTION NO. 13-93 DATE: February 5, 1993 This is a resolution assessing costs for abatement action required to remove nuisances on 22 properties located within the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 13-93 assessing costs for abating nuisances on 22 properties located within the City. , . RESOLUTION NO. 13-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abe..te said nuisance, or file a written request for a hearing to review the decision that a nuisance existed wi thin ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the Landes) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), ., . ;: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30 ) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel (s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty ( 30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8 ) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County , Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1993. MAYOR ATTEST: City Clerk - 2 - Res. No. 13-93 , , COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOT 7, BLK 41, TOWN OF LUCY G. ROCKMORE $ 39.42 DELRAY, PB 5, P 65, 605 S.W. 13TH STREET 70.00 (ADM. COST) PUBLIC RECORDS, PALM BELLE GLADE, FL 33430 (RECORDING) BEACH COUNTY, FL (NW 2ND AVENUE) LOTS 1 TO 19 INC., 16 ' ANAZA INC. $125.30 ALLEY THRU N-S CENTER & C/O METRIUM REALTY CORP. 70.00 (ADM. COST) 8' ALLEY ON S SIDE OF 1395 S. STATE RD 7, #207 (RECORDING) BLK B, LA HACIENDA, MARGATE, FL 33068 DEtRAY, PB 15, P 6, PUBLIC RECORDS, PALM BEACH COUNTY, FL (1310-1350 N FED HWY) S106' OF N216' OF LOT 8 MATTIE M. CREASMAN $ 39.42 (LESS PART IN DB 1029 RT. 31 BOX 362 70.00 (ADM. COST) P 416), BLK D, SUNNY ANDREWS, NC 28901 (RECORDING) ACRES, PB 21, P 63, PUBLIC RECORDS, PALM BEACH COUNTY, FL (1203 GERMANTOWN ROAD) LOTS 5 & 7, BLK C, SUNNY LANE R. & ANNE M. STROBEL $ 39.82 ACRES, PB 21, P 63, 9729 OHIO PLACE 70.00 (ADM. COST) PUBLIC RECORDS, PALM BOCA RATON, FL 33434 (RECORDING) BEACH COUNTY, FL (1202 POINSETTA DRIVE) LOTS 14 TO 16 INC., ESTERVINA MOREDA $164.27 BLK 1, SOUTHRIDGE, P.O. BOX 1953 70.00 (ADM. COST) PB 13, P 38, PUBLIC DELRAY BEACH, FL 33444 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (REIGLE AVENUE) LOTS 17 TO 20 INC., ESTERVINA MOREDA $182.98 BLK I, SOUTHRIDGE, P.O. BOX 1953 70.00 (ADM. COST) PB 13, P 38, PUBLIC DELRAY BEACH, FL 33444 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (REIGLE AVENUE) LOT 12, BLK I, ODMANN'S MARIH HAYES EST. $ 51.16 .SUB., PB 4, P 53, C/O WILLIE R. GOODMAN JR. 70.00 (ADM. COST) PUBLIC RECORDS, PALM 123 GARFIELD AVENUE (RECORDING) BEACH COUNTY, FL TRENTON, NJ 08609 . (20 NW 13TH AVENUE) -3- Res. No J.3-9 3 , N 1/2 OF LOT 28 & LOT JOSEPH WESNER $ 44.22 29, BLK 13, OSCEOLA MICHELET DORTILUS 70.00 (ADM. COST PARK, PB 3, P 2, PUBLIC 715 S.E. 4TH AVENUE (RECORDING) RECORDS, PALM BEACH DELRAY BEACH, FL 33483 COUNTY, FL (715 SE 4TH AVENUE) LOT 10, BLK 3, OSCEOLA GEORGE F. & MARY PRADO $ 35.22 PARK, PB 3, P 2, PUBLIC 406 S.E. 5TH STREET 70.00 (ADM. COST) RECORDS, PALM BEACH DELRAY BEACH, FL 33483 (RECORDING) COUNTY, FL (406 SE 5TH STREET) E15' OF LOT 2, BLK 5, J. L. & MARGARET PATTERSON $ 7.94 OSCEOLA PARK, PB 3, 4517 TENELLA ROAD 70.00 (ADM. COST) P 2, PUBLIC RECORDS, NEW BERN, NC 28562-7643 (RECORDING) PALM BEACH COUNTY, FL (SE 5TH STREET) LOT 28, BLK A, TOURIST L.JR. & JENNIFER E.STRAINGE $ 51.16 NOOK, DELRAY, PB 11, 5290 PINETREE DRIVE 70.00 (ADM. COST) P 47, PUBLIC RECORDS, DELRAY BEACH, FL 33484 (RECORDING) PALM BEACH COUNTY, FL (NW 9TH AVENUE) LOTS 2, 3 & 23, SUNSET ARTHUR J. & SUSAN ALGONAS $231.32 PARK, DELRAY, PB 12, 75 N.E. 6TH AVENUE 70.00 (ADM. COST) P 65, PUBLIC RECORDS, DELRAY BEACH, FL 33483 (RECORDING) PALM BEACH COUNTY, FL (328 SW 10TH STREET) LOT 51, SUNSET PARK, ENRIQUE C. & AMPARO RAMOS $276.48 DELRAY, PB 12, P 65, 1015 S.W. 2ND AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM P.O. BOX 1094 (RECORDING) BEACH COUNTY, FL DELRAY BEACH, FL 33447-1094 (1015 MANGO DRIVE) LOT 13, BELLEHAVEN UNIT GREGORY J. HIBBS $176.82 B, PB 27, P 27, PUBLIC 600 S.W. 4TH AVENUE 70.00 (ADM. COST) RECORDS, PALM BEACH FT. LAUDERDALE, FL 33315-1071 (RECORDING) COUNTY, FL (343 SW 11TH AVENUE) LOTS 3 & 4, BLK 8, DELL RICHARD A. COURT $221.10 PARK, PB 8, P 56, 1012 N.E. 3RD AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444-4025 (RECORDING) BEACH COUNTY, FL (1012 NE 3RD AVENUE) -4- Res. No ~3- 93 ., LOT 54, SUNSET PARK, TOMAS A R, CRUZ $283.00 DELRAY, PB 12, P 65, 409 N. W. 7TH COURT 70.00 (ADM. COST) PUBLIC RECORDS, PALM BOYNTON BEACH, FL 33426 (RECORDING) BEACH COUNTY, FL (MANGO DRIVE) LOT 55, SUNSET PARK, TOMASA R. CRUZ $297.74 DELRAY, PB 12, P 65, 409 N.W. 7TH COURT 70.00 (ADM. COST) PUBLIC RECORDS, PALM BOYNTON BEACH, FL 33426 (RECORDING) BEACH COUNTY, FL (MANGO DRIVE) LOT 96, TROPIC ISLE, JAMES & ELIZABETH A. GINESI $ 39.42 PB 24, P 235, PUBLIC 363-A BRICKYARD ROAD 70.00 (ADM COST) RECORDS, PALM BEACH FREEHOLD, NJ 07728-9668 (RECORDING) COUNTY, FL (SPANISH TRAIL) LOT 4, BLK A, WEST STRAGHN ENTERPRISES OF $ 51.16 SIDE HEIGHTS, PB 13, DELRAY BEACH INC. 70.00 (ADM. COST) P 61, PUBLIC RECORDS, 26 S.W. 5TH AVENUE (RECORDING) PALM BEACH COUNTY, FL DELRAY BEACH, FL 33444-2512 (123 NW 10TH AVENUE) LOT 12, BLK B, TOURIST MAMIE JOHNSON $ 51.16 NOOK, DELRAY, PB 11, 66 SULLIVAN STREET 70.00 (ADM. COST) P 47, PUBLIC RECORDS, ROCHESTER, NY 14605-1233 (RECORDING) PALM BEACH COUNTY, FL (NW 9TH AVENUE) LOTS 8 & 9 (LESS RD DOLORES A. LIDDY TRUST $133.34 R/W) , BLK 2, SOPHIA C/O ARNOLD F. KURZINGER 70.00 (ADM. COST) FREY ADD., PB 4, P 37, 5700 N. FEDERAL HIGHWAY ~B (RECORDING) PUBLIC RECORDS, PALM BOCA RATON, FL 33487 BEACH COUNTY, FL (911 N FED HWY) LOT 53, FAIRCREST HGHTS YOLLY P. VERZOSA $ 27.68 AMND. PLAT, PB 42, P 68, 5101 COLLINS AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM APT. #11-F (RECORDING) BEACH COUNTY, FL MIAMI, FL 33140-2726 (2147 SW 36TH TERRACE) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. -5- Res. NoB-93 ." , . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERV?v1 SUBJECT: AGENDA ITEM # KK. - MEETING OF FEBRUARY 9. 1993 RESOLUTION NO. 14-93 DATE: February 5, 1993 This is a resolution assessing costs for abatement action required to remove nuisances on 25 properties located within the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 14-93 assessing costs for abating nuisances on 25 properties located within the City. ., , RESOLUTION NO. 14-93 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF I ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENTi SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinancesi and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed wi thin ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said propertYi and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s)i and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the noticei and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involvedi and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), ., I \! NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty ( 30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8 ) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs ,including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1993. MAY 0 R ATTEST: City Clerk - 2 - Res. No. 14-93 ., . COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT TH PT OF S 1/2 OF E 1/2 AMERICAN NATIONAL BANK $ 92.92 OF NE 1/4 LYG E OF & C/O RON JONES 70.00 (ADM. COST) ADJ TO SAL R/W AS IN OR 4301 N. FEDERAL HIGHWAY (RECORDING) 5245, P 1863, SUB. OF FT. LAUDERDALE, FL 33308 SEC. 18-46-43, PB 6, P 51, PUBLIC RECORDS, PALM BEACH COUNTY, FL (80 DEPOT AVENUE) LOT 52, SUNSET PARK, PABLO & JANIE T. RAMOS $ 73.64 DELRAY, PB 12, P 65, 1019 MANGO DRIVE 70.00 (ADM. COST) PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444-1509 (RECORDING) BEACH COUNTY, FL (1019 MANGO DRIVE) LOT 49 (LESS S10'), ANPE INC. $136.60 SUNSET PARK, DELRAY, P.O. BOX 3215 70.00 (ADM. COST) PB 12, P 65, PUBLIC BOYNTON BEACH, FL 33424-3215 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (1005 MANGO DRIVE) S10' OF LOT 49 & LOT ANPE INC. $159.08 50, (LESS S10'), SUNSET P.O. BOX 3215 70.00 (ADM. COST) PARK, DELRAY, PB 12, BOYNTON BEACH, FL 33424 (RECORDING) P 65, PUBLIC RECORDS, PALM BEACH COUNTY, FL (1011 MANGO DRIVE) S5' OF LOT 1 & N71.5' SYLVIA SCHUPLER TR $110.12 OF LOT 2, BLK 30, TOWN 3101 WASHINGTON ROAD 70.00 (ADM. COST) OF DELRAY, PB 1, P 3, WEST PALM BEACH, FL 33405 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (109 SW 5TH AVENUE) W 1/2 OF LOT 7, BLK 30, ALBERT MARTIN $135.60 TOWN OF DELRAY, PB 1, MARYLIN S. BARON 70.00 (ADM. COST) P 3, PUBLIC RECORDS, P.O. BOX 41-4002 (RECORDING) PALM BEACH COUNTY, FL MIAMI, FL 33141 (SW 5TH AVENUE) LOTS 10 & 11, C. H. DAVID J. SIMMONS GRDN. $137.23 DIGGANS SUB./BLK. 55, FOR LUCIUS SIMMONS III 70.00 (ADM. COST) TOWN OF DELRAY, PUBLIC 2920 DOLPHIN DRIVE (RECORDING) RECORDS, PALM BEACH DELRAY BEACH, FL 33445 COUNTY, FL (225-227 SW 2ND AVENUE) -3- Res. No. 14-93 .! LOT 4, BLK 23, TOWN OF MELVIN SMITH OR ESTATE OF $127.86 DELRAY, PB 10, P 69, 215 S.W. 5TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS, PALM DELRAY BEACH, FL 33444 (RECORDING) BEACH COUNTY, FL (214 SW 5TH AVENUE) S75' OF W 135.6' OF LUCIUS SIMMONS $185.30 BLK 39, TOWN OF DELRAY, 1301 KANAB AVE. NW 70.00 (ADM. COST) PB II, P 34, PUBLIC PALM BAY, FL 32907 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (315 SW 3RD STREET) LOTS 12 TO 14 INCL., & R.P.I. MANAGEMENT CORP. $280.48 LOT 16, CARVER SQUARE, C/O JON HALL 70.00 (ADM. COST) PB 24, P II, PUBLIC 7825 N.E.BAYSHORE CT.BX 2501 (RECORDING) RECORDS, PALM BEACH MIAMI, FL 33138 COUNTY, FL (SW 2ND COURT) LOT 3, BLK 5, SOUTH- RESOLUTION TRUST CORP AS $258.28 RIDGE, PB 13, P 38, RECVR FOR CITY FED SAV BANK 70.00 (ADM. COST) PUBLIC RECORDS, PALM C/O FABER & GITLITZ (RECORDING) BEACH COUNTY, FL 1570 MADRUGA AVENUE #300 (401 SOUTHRIDGE RD) MIAMI, FL 33146 S 1/2 OF LOT 5, BLK 30, ETHEL J. MACKEY $ 47.16 TOWN OF DELRAY, PB 1, C/O SHIRLEY M. WALLACE 70.00 (ADM. COST) P 3, PUBLIC RECORDS, 1120 N.W. 64TH STREET (RECORDING) PALM BEACH COUNTY, FL MIAMI, FL 33150-4231 (129 SW 5TH AVENUE) LOTS 13 TO 15, INCL. , CARTARET BANK $105.86 (LESS E25' US 1 RD R/W C/O LESLIE GROSS 70.00 (ADM. COST) & E 1/2 OF 16' ABNDED 2950 S.W. 27TH AVE, STE. 100 (RECORDING) ALLEY LYG W OF & ADJ CORAL GABLES, FL 33133 THERETO, BLK A, LA HACIENDA, DELRAY, PB 15, P 6, PUBLIC RECORDS, PALM BEACH COUNTY, FL (1410 N FEDERAL HWY , -4- Res. No. 14-93 .~ , LOTS 4 & 5, BLK 2, L. D. TERRY $282.52 SILVER TERRACE, DELRAY, 6901 S. CONGRESS AVENUE 70.00 (ADM. COST) PB 11, P 61, PUBLIC LAKE WORTH, FL 33460 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (1205 S. DIXIE HWY) LOTS 1 & 2, BLK 2, L. D. TERRY $250.74 SILVER TERRACE, DELRAY, 6901 S. CONGRESS AVENUE 70.00 (ADM. COST) PB 11, P 61, PUBLIC LAKE WORTH, FL 33460 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (1145 S DIXIE HWY) LOT 3, BLK 2, SILVER L. D. TERRY $176.30 TERRACE, DELRAY, PB 11, 6901 S. CONGRESS AVENUE 70.00 (ADM. COST) P 61, PUBLIC RECORDS, LAKE WORTH, FL 33460 (RECORDING) PALM BEACH COUNTY, FL (1107 S DIXIE HWY) N60.371 OF S181.111 OF HOME SAVINGS OF AMERICA $ 62.90 TH PT OF LOT 38 LYE E REAL ESTATE OWNED DEPT. 70.00 (ADM. COST) OF NE 3RD AVE & W OF 225 N. FEDERAL HIGHWAY (RECORDING) FEC RY., SUB OF SEC. POMPANO BEACH, FL 33062-4391 9-46-43. PUBLIC RECORDS, PALM BEACH COUNTY, FL (1709 NE 3RD AVENUE) LOT 28, BLK 1, ATLANTIC EARLEN MORGAN $ 46.96 PARK GARDENS, DELRAY, 46 N.W. 12TH AVENUE 70.00 (ADM. COST) PB 14, P 56, PUBLIC DELRAY BEACH, FL 33444-1644 (RECORDING) RECORDS, PALM BEACH COUNTY, FL (46 NW 12TH AVENUE) E501 OF W1751 OF N1601 BEATRICE GRAHAM $ 39.42 OF W 1/2 OF S 1/2 OF BOBBY L. GRAHAM 70.00 (ADM. COST) LOT 5, SUB. OF SEC. 721 N.W. 4TH STREET (RECORDING) 8-46-43, PB 1, P 3, DELRAY BEACH, FL 33444-2736 PUBLIC RECORDS, PALM BEACH COUNTY, FL (714 LAKE IDA ROAD) S39.5' OF LOT 5 & N18.5' MARILYN CARTWRIGHT $274.22 OF LOT 6, BLK 78, TOWN 2529 HOPE LANE WEST 70.00 (ADM. COST) OF DELRAY, PB I, P 3, PALM BEACH GARDENS, FL 33410 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (133 SE 1ST AVENUE) -5- Res. No. 14-93 " LOT 26, BLK 12, MONROE SHEDRICK FASHAW $270.02 SUB., PB 14, P 67, 221 N. COUNTRY CLUB BLVD. 70.00 (ADM. COST) PUBLIC RECORDS, PALM BOCA RATON, FL 33431 (RECORDING) BEACH COUNTY, FL (NW 7TH AVENUE) S50' OF N365' OF W135' ASSOCIATES FINANCE $ 65.00 OF BLK 26, TOWN OF C/O BRUCE BLOCK 70.00 (ADM. COST) DELRAY, PB 5, P 64, 9700 S. DIXIE HWY. #1000 (RECORDING) PUBLIC RECORDS, PALM MIAMI, FL 33156 BEACH COUNTY, FL (221 NW 5TH AVENUE) E50' OF W150' OF S150' GLADYS L. LASTER EST. $291. 48 OF BLK 18, TOWN OF 511 N.W. 2ND STREET 70.00 (ADM. COST) DELRAY, PB 1, P 3, DELRAY BEACH, FL 33444-2643 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (511 NW 2ND STREET) S50' OF N250' OF W135' MARY C. DAVIS $295.48 OF BLK 20, TOWN OF P.O. BOX 6 70.00 (ADM. COST) DELRAY, PB 1, P 3, DIXIE, GA 31629-9901 (RECORDING) PUBLIC RECORDS, PALM BEACH COUNTY, FL (31 NW 6TH AVENUE) S 1/2 (LESS S 135', MARWIN S. CASSEL TR $172.30 N171' OF E135' & N171' C/O ISIS ET AL 70.00 (ADM. COST) OF W135'), BLK 19, TOWN P.O. BOX 144567 (RECORDING) OF DELRAY, PB 11, P 73, CORAL GABLES, FL 33114-4567 PUBLIC RECORDS, PALM BEACH COUNTY, FL (NW 5TH AVENUE) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDSi DECLARED NUISANCE. -6- Res. No. 14-93 " . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER p/il SUBJECT: AGENDA ITEM i FL - MEETING OF FEBRUARY 9. 1993 AWARD OF BIDS AND CONTRACTS DATE: February 5, 1993 This item is before you to approve the award of the following bids and contracts: 1. Housing Rehabilitation - 202 S.W. 15th Avenue - Preston Construction in the amount of $17,170 with funding from CDBG Housing Rehab (Account No. 118-1963-554-49.19). 2. Housing Rehabilitation and Relocation of Structure - 41 S.W. 12th Avenue - LaPlant - Adair (moving) in the amount of $18,500 and Intercontinental Construction (rehab) in the amount of $14,296j with funding from CBDG Housing Rehabilitation (Account No. 118-1963-554-49.19). 3. Brass Risers (term contract) - Environmental Services - Ferguson Underground, Inc. in the estimated amount of $20,200 with funding from Water and Sewer - Water Maintenance General Operating Supplies (Account No. 441-5143-536-52.20) and Water and Sewer Renewal and Replacement Meter Placement Program (Account No. 442-5178-536-61.81). Recommend approval of the award of the above bids and contracts with funding as indicated. '.' , . . . Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: January 15, 1993 Regular Agenda Special Agenda rebrv~ 01 Workshop Agenda xxx Consent Agenda When: J~RlIa 2', 1993 Description of item (who, what, where, how much): CASE' ADDRESS ~~e. GRANT AMOUNT 91-033HR 202 SOUTHWEST 15TH ~TRn~ $17,170.00 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation:RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOUSING REHABILITATION GRANT AWARDS AND CONTRACT AWARDS FROM ACCOUNT #118-1963-554-49.19 GRANT AMOUNT INCLUDES CONTINGENCY. (Example: Recommend approval with funding from Special Events Account No. OOl-3333-555-44~). ~ Department Head Signature: tOeA ~~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:~NO Funding alternatives: (if applicable) Account No. & Description: .Ug::./qb?rSStf.4C}-fj COOt{ - r.hlS/~ ((EI-tf\8. Account Balance: ~ 1-z..]"3.~ City Manager Review: Approved for agenda: &/NO t'M Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved .' , . M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATO~ THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT L/J DATE: JANUARY 15, 1993 SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES HOUSING REHABILITATION GRANT AWARDS ITEM BEFORE THE COMMISSION This is to request approval for one Housing Rehabilitation Grant Award. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant award is based on the actual cost of the rehabilitation as determined by the low bidder, plus a 5% contingency. The contingency may be used for change orders. All unused funds remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Divisions. Contracts are executed between the building , contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay Request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the homes to minimum code requirements by repairing roofs, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case file are available for review at the Community Development Division Office. The Contract Award and Bid Summary sheets are attached for your reference. RECOMMENDATION Staff recommends Housing Rehab Grants be awarded for the following: Casel Address Grant Amount 91-033HR 202 SOUTHWEST 15TH AVENUE $17,170.00 HR2 PLI , MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager~ FROM: Ted Glas, Purchasing Officer <tiff DATE: February 01, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - FEBRUARY 09, 1993 - BID AWARD - BID #93-15 HOUSING REHABILITATION PROGRAM Item Before City Commission: The City Commission is requested to award a contract to the low bidder, Preston Construction, at a total cost of $17,170. Per the Finance Department, funding is from: ( ) . Background: The Community Development Division handles and processes their formal bids on housing rehabilitation, with funding from their housing rehabilitation budget. Property Contractor Amount 202 SW 15th Ave. Preston Construction $17,170. The Community Development Coordinator and the Director of Community Improvement have reviewed the bids, and recommend award to the low bidder, Preston Construction. Recommendation: The Purchasing Officer concurs with the recommendation to award to the low bidder, Preston Construction, at a total cost of $17,170. Attachments: Memorandum from Community Development Bid Information Sheets c: Lula Butler " , . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID f: 93- 15HR APPLICANT: EDITY MCCOY APPLICATION ,: 91-033HR PROJECT ADDRESS: 202 SOUTHWEST 15TH AVENUE DATE OF BID LETTERS: 12/09/92 DATE OF BID OPENING: 12/21/92 NAME OF CONTRACTORS AMOUNT OF BID ABISSET CORPORATION $ CSB CONSTRUCTION, INC. $ DYMOND CONSTRUCTION $29,594.00 GARY PURR $ GREGORY CONSTRUCTION INC. $ HENRY L. HAYWOOD $ INTERCONTINENTAL CONSTRUCTION CORP $19,480.00 JARED KANE CO., INC. $ MJD CONSTRUCTION SERVICES $ \ MSL CONSTRUCTION, INC. $ M.S~S. CONSTRUCTION $ PRESTON CONSTRUCTION $17.170.00 RAY GRAEVE CONSTRUCTION INC. $ SOUTH FLORIDA CONSTRUCTION $ SUNBAND BUILDER CONSTRUCTION INC. $ ROBERT CHARLES BUILDERS $ SOUTHEAST ARCHITECTURAL ENHANCEMENT $ IN - HOUSE ESTIMATE: $ 16,930.00 CONTRACTOR AWARDED CONTRACT: TOMMY PRESTON D/B/A PRESTON CONSTRUCTION BID/CONTRACT AMOUNT: $ 17,170.00 COMMENTS: LOW BIDDER BIDFORM/PG1 ", , . . Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: February 4, 1993 Regular Agenda Special Agenda Workshop Agenda xxx Consent Agenda When: February 9, 1993 Description of item (who, what, where, how much): CASE' ADDRESS GRANT AMOUNT 92-031HR 41 Southwest 12th Avenue $14,296.00 Movinq Costs $18,500.00 (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recomrnendation:RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOUSING REHABILITATION GRANT AWARDS AND CONTRACT AWARDS FROM ACCOUNT #118-1963-554-49.19 GRANT AMOUNT INCLUDES CONTINGENCY. ( Example: Recommend aroval with funding from Special Events Account NO~ 3 5-44.55). ~ Department /: Signature: --;;::b~/7....K'!Ja ~~~. '. ~/23 City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~/NO Funding alternativJs:- (if applicable) Account No. & Des4"+Ption: (I~-lqb~-t:;;S:4.4t1-r9 G~ J,-10rL~rJ~ Account Balance: ~ !(J I ~~. t;;( 1..('Httte City Manager Review: Approved for agenda: ~/NO [fJV~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved . . MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager~ FROM: Ted Glas, Purchasing Officer cfff DATE: February 05, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - FEBRUARY 09, 1993 - BID AWARD - BID #93-25 HOUSING REHABILITATION PROGRAM Item Before City Commission: The City Commission is requested to make multiple awards to move and rehabilitate a house now, located at 417 NE 3rd Street, at a total cost of 32,796. Per the Finance Department, funding is from: ( ) . Background: The Community Development Division handles and processes their formal bids on housing rehabilitation, with funding from their housing rehabilitation budget. Property Contractors Amount 417 NE 3rd Street Move --------- LaPlant - Adair Co. $18,500. (Via Quotation) Rehabilitation ----- Intercontinental Const. $14,296. (Formal Bids) $32,796. The Community Development Coordinator and the Director of Community Improvement have reviewed the bids, and recommend awards as listed above. Recommendation: The Purchasing Officer concurs with the recommendation for multiple awards, as listed above, at a total cost of $32,796. Attachment: Memorandum from Community Development Bid Information Sheets c: Lula Butler ~ 1-:0 ,. , . M E M 0 RAN DUM TO: DAVID HARDEN, CITY MANAGER FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT COORDINATOR ~~ THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT DATE: FEBRUARY 4, 1992 SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES HOUSING REHABILITATION GRANT AWARDS ITEM BEFORE THE COMMISSION This is to request approval of bids to move and rehabilitate one housing unit donated to the Community Development Division to be used as a replacement house. This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND A housing unit located at 417 Northeast 3rd Street was donated to the City to be used in one of our housing programs. This unit will replace an owner-occupied house which has been determined to be structurally deteriorated to such a degree that it cannot be rehabiliated within the Housing Rehabilitation program guidelines. The rehabilitation grant award is based on the actual cost of the rehabilitation as determined by the low bidder plus a 5% contingency. The contingency may be used for change orders. All unused funds remain with the Housing Rehabilitation grant program. There is no contingency in the moving bid award. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Divisions. Rehabilitation contracts are executed between the building contractor and the property owner, while moving contracts are executed between the City and the moving contractor. The City serves as the homeowner's agent and this office monitors all work performed by the contractor ensuring compliance according to specifications and program guidelines. Pay Request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activity will bring the home to minimum code requirements by repairing roof, electric and plumbing systems and correcting other incipient code violations. A detailed work write-up and individual case file are available for review at the Community Development Division Office. . . The Moving Contract and Bid Summary sheet are attached for your reference. RECOMMENDATION Staff recommends approval of moving and housing rehabilitation bid awards for the following: Case:#: Address Total Grant Amount 92-031HR 41 SW 12th Avenue $l4,296 Moving Costs l8,500 HR2 "' . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET BID #: 93- 25HR APPLICANT: PEARLIE L. WALKER APPLICATION f: 92-031HR PROJECT ADDRESS: 33 SOUTHWEST 12tH AVENUE DATE OF BID LETTERS: JANUARY 26, 1993 DATE OF BID OPENING: FEBRUARY 4, 1993 NAME OF CONTRACTORS AMOUNT OF BID/ MOVING EXPENSE ABISSET CORPORATION $ CSB CONSTRUCTION, INC. $ DYMOND CONSTRUCTION $ GARY PURR $ 13, 71 0 . 00 GREGORY CONSTRUCTION INC. $ HENRY L. HAYWOOD $ INTERCONTINENTAL CONSTRUCTION CORP $13.615.00 JARED KANE CO., INC. $ MJD CONSTRUCTION SERVICES $ 14,715.00 - MSL CONSTRUCTION, INC. $ M.S.S. CONSTRUCTION $ PRESTON CONSTRUCTION $ RAY GRAEVE CONSTRUCTION INC. $ SOUTH FLORIDA CONSTRUCTION $ SUNBAND BUILDER CONSTRUCTION INC. $ ROBERT CHARLES BUILDERS $ SOUTHEAST ARCHITECTURAL ENHANCEMENT $ IN - HOUSE ESTIMATE: $ 13 , 1 75 . 00 CONTRACTOR AWARDED CONTRACT: INTERCONTINENTAL CONSTRUCTION CORP BID/CONTRACT AMOUNT: $ 13 , 615 . 00 . COMMENTS : LOW BIDDER BIDFORM/PG1 '. . CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION BID INFORMATION SHEET QUOTATION NO: 326 APPLICANT: PEARLIE LEE WALKER PROJECT ADDRESS: 417 NORTHEAST 3RD STREET DATE OF BID REQUEST: JANUARY 11, 1993 DATE BID RECEIVED: JANUARY 21, 1993 NAME OF CONTRACTORS AMOUNT OF BID RUSSELL BUILDING MOVERS, INC. $ NO BID LAPLANT-ADAIR CO., $ 18,500.00 CONTRACTOR AWARDED CONTRACT: LAPLANT-ADAIR CO., BID/CONTRACT AMOUNT: $18,500.00 COMMENTS: LOW BIDDER - BIDFORM/PG2 .' , - - -" -. lAPLANT-ADAIR CO.- eonl,.aclo,.~ anJ mOl/in,! [;,.,!in..,.~ 1200 WEST INDUSTRIAL AVENUE BOYNTON BEACH. FLORIDA 33426 PHONE (407) 737-8188 Community Development Division City of Delray Beach 100 N.W. First Avenu Del ray Beach, Florida 33444 January 21, 1993 CON T R ACT LaPLANT-ADAIR CO. hereby agrees to furnish all labor, equipment and materials to complete the following work as set forth below: Hove a frame building from 417 N. E. 3rd Street. Del ray Beach. to a new site at 33 S.W. 12th Avenue (north of and adiacent to #41. LaPLANT-ADAIR CO. will cut off the S'x 5' rear porch/utility room flush with the back of the house and it will not be moved. Provide the following type of foundation at the new site: According to sped fications of engineer-ed drawings and Southern Building Code. We will provide 32" of crawlspace. This work shall be done for the total consideration of $1B,500.00, plus the cost of escort while moving, and permits and permit bonds. OWNER shall bear all cost of removing (should it be necessary) any overhead or lateral obstructions, which includes traffic signals, cable television, telephone lines, power lines, street lights, and trees, shrubs, etc. Also, costs of crossing railroads, including flagmen, and the cost of removing any other obstruction that would hinder the movement and placement of the building, and these monies are required in advance upon estimates from the utilities and related services. It is the OWNER's responsibility to insure that this structure has no asbestos siding, insulation, roof, or content. It will be the sole responsibility of OWNER to remove same if necessary and to hold LaPLANT-ADAIR CO. harmless, OWNER to have land cleared of all debris that would hinder placing of building and have all earth level with top of footing. OWNER to provide two points and a line for placement of building. All disconnection of plumbing, electric, air conditioning, and all mechanicals, to be done by others before our work begins. The moving of said buildi ng shall be accomplished in a workmanlike manner, provided, however, that LaPLANT-ADAIR CO. assumes no responsibility for, nor shall it be liable for cracks, only for structural damage. Nor shall LaPLANT- ADAIR CO. be liable for any sidewalk breakage at old or new site. LaPLANT- ADAIR CO. is not responsible for cleaning up or leveling old site. No painting or decorating is included. No other work is included or implies. BUILDING MOVING. RAISING. SHORING. UNDERPINNING. FACTORY RECONDITIONING. BRIDGES RAISED AND MOVED WATER TOWERS MOVED. ROOFS RAISED AND LOWERED. SUBMARINES MOVED . LapLANT-ADAIR CO. makes no representation or warranty regarding whether or not zoning requirements of the appropriate county or municipal government permits the rem:>val of said building to the proposed new location, and same is CMNER'S sole responsibility. You, as GlNER, agree to secure all signatures required for waivers of objections and to obtain the necessary consent of the appropriate municipality to permit the rem:>val of said building to its proposed new location. LaPLANT-ADAIR CO. shall place the building over the footing at the new location in a good and workmanlike manner, but shall not be responsible for, nor shall it connect pll1l1bing, electricity, or other connections, nor shall it be required to obtain a Certificate of Occupancy. Building will be located on new lot in accordance with written instructions given to LaPLANT- ADAIR CO. prior to moving, such location to be at your risk in carpliance with zoning requirements, setbacks, et cetera. LapLANT-ADAIR CO. is not to be held responsible for any vandalism or thievery occurring whi 1 e this work is being done. GlNER agrees that in the event a suit be brought for the collection of any or all of the aIOO\mts due us under this contract, or if the same has to be collected on demand of the attorney, 001NER shall pay a reasonable attorney's fee charged LaPLANT-ADAIR CO. for said collection, and/or any court costs. This agreement revokes and supersedes . all previous agreements between these parties either oral or written, and this agreement can be amended or roodified only by written change o~der signed by the parties hereto. This agreement is not binding \mtil all necessary pe~ts have been issued. This agreement revokes and supersedes all previous agreements between these parties either oral or written, and this agreement can be amended or modified only by written change order signed by the parties hereto. This agreement is not binding \mtil all necessary permits have been issued. Payments to be as follows: Downpayment $3,700.00; $11,100.00 when building is on our steel; $3,700.00 upon inspection and approval for tie down by City Building Official. ACCEPl'ANCE : ;~. CMNER/AGmT hereby authorizes LapLANT-ADAIR CO. to accarplish and RitnesSed:~//df caq>lete the above work as described, and agrees to the conditions herein set forth and to the payment schedule. JZ7/95 Date: By I Owner/Agent Witnessed: . . . Agenda I tem No. : AGENDA REQUEST Date: February 01. 1993 Request to be placed on:' xx Regular Agenda Special Agenda Workshop Agenda When: February 09, 1993 Description of agenda item (who, wha~, where, how much): Bid Award - Brass Risers - Term Contract for the Publ1c Utilities Division Bid 1193-17 ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to the low bidder, Ferguson Underground, Inc., at an estimated annual cost of ~LU,LUU. ~ j)/It~ -;;;~h4~ ~/B Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all iteas involvinq expenditure of funds): Funding available: @ NO Funding alternative. (if a~PliCable) Account No. & Descria5on:~-S:1'o.5?:1O WTI2 fJ1[-~ENe~L- Account Balance: J' , . 4) ~.n~6r c;/APP. 44-L--S\1~-5?tP.01-gl 'R~~ t-'te:T~ ~ ft.I? p~ Ci ty Manager Review: IE. . 1.-- ,'''3.6'\ Approved for agenda: (!!)/ NO tl/ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved '. . MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Managerf?~ FROM: Ted Glas, Purchasing Officer 11~ DATE: February 01, 1993 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - FEBRUARY 09, 1993 - BID AWARD - BID #93-17 BRASS RISERS FOR PUBLIC UTILITIES Item Before City Commission: The City Commission is requested to award a term contract for brass risers to the low bidder, Ferguson Underground, Inc., at an estimated annual cost of $20,200. Per the Finance Department, funding is from: ( ) . Background: The Water/Sewer Network Division uses brass risers with the installation of some water meters to set them higher in the meter box above any water or mud that may enter the box. Funding for this item is in their renewal and replacement budgets, and in their general operating supply budget. Bids for this contract were received on January 14, 1993 from six (6) vendors, all in accordance with City purchasing procedures. (Bid 1193-17. Documentation on file in the Purchasing Office. ) A tabulation of bids is attached for your review. The Superintendent of Water/Sewer Network and the Deputy Director of Public Utilities have reviewed the bids, and recommend award to the low bidder, Ferguson Underground, Inc., per attached memo. These risers are stored in the Purchasing Warehouse, and issued to Public Utilities employees, as needed. Recommendation: The Purchasing Officer concurs with the recommendation to award this contract to the low bidder, Ferguson Underground, Inc. , at an estimated annual cost of $20,200. Attachments: Tabulation of Bids Recommendation from Public Utilities c: William Greenwood George Abou-Jaoude g'L3 '. ' . TABULATION OF BIDS BID 1193-17 BRASS RISERS FOR WATER/SEWER NETWORK January 14, 1993 Grand Total Discount on Vendor for Group Brand Similiar Items (If Needed) Ferguson $ 20,219.66 Ford 45% Underground Davis Meter $ 20,867.42 Ford 35% & Supply A & B Pipe $ 20,873.66 Mueller 55% Supply Sunstate $ 20,891.80 Ford 48% Meter & Supply B & H Sales $ 21,231.60 Mueller -0- Hughes $21,427.90 Mueller 54% Supp-Iy , ' MEMORANDUM TO: Ted Glas Purchasing Officer THROUGH: George Abou-Jaoude (Us- Deputy Director of Public utilities FROM: Michael S. Offie Supt. of Water/Sewer Network SUBJECT: BID #93-17, BRASS RISERS DATE: January 27, 1993 I recommend that we award bid #93-17, brass risers, to the low bidder, Ferguson Underground, Inc. ~~~/P MSO/cw cc: Memos to Purchasing bid9317.mem '. " ' SCHEDULE OF PRICING CITY OF DELRAY BEACH BRASS RISERS FOR WATER/SEWER NETWORK BID #93-17 EST. ITEM # ANNUAL DESCRIPTION BRAND/ UNIT EXTENDED USAGE MODEL PRICE PRICE I 673 063 00100 292 '5/8" X 3/4" X 7" 'T"o p-d f5~.6' e~ EACH H14118-2A / 3a-. '77 VHH-42-7W V H 1-f-42--7w , 673 063 00105 82 5/8" X 3/4" X 9" Fo I'- d EACH H1411S-2A / 33.0/ ) 70~.B~ .- VHH-42-9W 1'1I-1I-'fl-9 Lv 673 063 00110 60 5/S" X 3/4" X 12" r;~J EACH H14118-2A / 33. to ~ ~01I Lfo VHH-42-12W VII /I ~ ~ -/).i.AJ 673 063 00115 20 3/4" X IS" Fo~d EACH H14118-2A / 3?Lf7 1~~~o ~ VHH-42-1SW 'v J.I JI ~ 1- -/0 l.V 673 063 00120 8 3/4" X 24" F",--d EACH H1411S-2A / 39/7 3/3.36 VHH-44-24W VI.! II "I~ -~tt II - . 673 063 00125 12 1" X lS- j=; /tel EACH H14118-2A / 68.78 7tJ 7. 7 t ~ VHH-44-1SW Iv HIf- 'IV-/8w 673 063 .'00130 46 I" X 10" r:-rltf-J EACH H1411S-2A / 5cJ. 81 d337.d-t VHH-44-10W V 11# 40/ ~/(I (.JJ 673 063 00135 IS I" X 12- - EACH H1411S-2A / fd"~tl ~/bf 930, 'fd- " / VHH-44-12W VJ.l;J-~'I-/>t./ 673 063 00145 4 I" X 24" r; I'- d &d-. I / EACH HI411S-2A / VHH-44-24W VIlJl-q'l- 3'/w ).51(Pt( 673 063 00150 12 1" XIS" ~,d .5~. 73 EACH H1411S-2A / 63;1.7(, VHH-44-15W ~ I-I1I-Ll'I-15...v d~ a-/ 7. ~6 / GRAND TOTAL BID PRICE $ DISCOUNT OFFERED ON SIMILAR ITEMS NO LISTED: '1/) % I 10 -. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM, CITY MANAGER D1 SUBJECT: AGENDA ITEM i qA - MEETING OF FEBRUARY 9. 1993 REPORT OF APPEALABLE LAND USE ITEMS DATE: February 5, 1993 This item is before you for acceptance of the report of decisions made by the various development related boards during the period January 25, 1993 through February 5, 1993. The following actions were considered during this reporting period: Planning and Zoning Board did not consider any appealable items during this reporting period. Site Plan Review and Appearance Board: -Approved the monument and entrance signs in conjunction with the Master Sign program for DBO Acres. -Approved the architectural elevation plan (facade and color change) for Huber Drugs. -Approved the architectural elevation plan (facade and color change) for Jerry Turner and Associates of Florida. -Approved the architectural elevation plan (facade changes) for Sun Bank (Atlantic Avenue, west of Military Trail). -Tabled the site, landscape and architectural elevation plans for Discount Auto Parts. -Approved a major site plan modification and landscape planj and, tabled the architectural elevation plan associated with the expansion of the Wallace Nissan Dealership. Historic Preservation Board: -Granted a Certificate of Appropriateness in conjunction with changes to the parking lot at 401 N.E. 2nd Avenue. A detailed staff report is attached as backup material for this item. . tl; (I vi C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~ T. HARDEN, CITY MANAGER m~~ THRU: D J. OVA S~OR DEPARTMENT OF PLANNING AND ZONING !0J~'--- ~ FROM: JASMIN ALLEN, PLANNER I SUBJECT: MEETING OF FEBRUARY 9, 1993 REPORT OF APPEALABLE LAND USE ITEMS JANUARY 25, 1993 THRU FEBRUARY 5, 1993 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of January 25, 1993, through February 5, 1993. 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 pro v ides tha t the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. . . city Commission Documentation Report of Appealable Land Use Items January 25, 1993 thru February 5, 1993 Page 2 PLANNING AND ZONING BOARD MEETING OF JANUARY 25, 1993 No appealable items were considered by the Board. The following agenda items which were considered by the Board will be forwarded to the City Commission as separate agenda items: * Recommended denial of LDR Text Amendment regarding Accommodation of Boat Parking in Front Yards (Vote 5 to 0) . * Recommended approval (6 to 0) of LDR Amendment regarding the OSSHAD (Old School Square Historic Arts District). * The Board's recommendation was split on a 3 to 3 vote regarding LDR Text Amendment to the Locational Criteria for Auto Repair Uses in the AC Zoning District . * Accepted public testimony regarding Community Input Relative to Capital Improvement (Infrastructure) Needs. * Recommended approval of a conditional use request to allow the establishment of a specialized service shop and/or a full service vehicle repair facility within the Ninth Street Plaza, east of Blue Max and north of M.A.B. Paints (Vote 6 to 0). * Continued consideration of the closure of NW 9th Avenue between the commercial and residential areas. * Postponed indefinitely the reconsideration of the action taken on the temporary closure of Flame Vine in the Pines of Delray. PLANNING AND ZONING BOARD MEETING OF JANUARY 28, 1993 No appealable items were considered by the Board. The Board considered the following LDR Text Amendments which were continued from a previous meeting. These items will be forwarded to the City Commission as separate agenda items: * Recommended approval regarding the creation of a New LI (Light Industrial) Zone District (Vote 4 to 0). * Recommended approval re changing the Community Facilities (CF) District to the Institutions, Facilities and Services (IFS) District (Vote 4 to 0). * Recommended approval of addition of definitions for "Interested Party", "Affected Party" and "Aggrieved Party" (Vote 4 to 0). SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF JANUARY 27, 1993: : 1. Approved the monument and entrance signs in conjunction with the master sign program for DBO Acres, located on the south side of Linton Boulevard, east of SW 4th Avenue. (Vote 5 to 0). '. . City Commission Documentation Report of Appealable Land Use Items January 25, 1993 thru February 5, 1993 Page 3 2. Approved the architectural elevation plan (facade and color change) for Huber Drugs located at the northwest corner of Atlantic Avenue and NE 4th Avenue (Vote 6 to 1). 3. Approved the architectural elevation plan (facade and color change) for Jerry Turner & Associates of Florida located on the west side of SE 6th Avenue, south of Atlantic Avenue (Vote 6 to 0). 4. Approved the architectural elevation plan (facade changes) for the Sun Bank, located on the south side of West Atlantic Avenue, between Military Trail and Markland Lane (Vote 7 to 0). Associated site changes to the parking lot will be approved administratively as a non-impacting modification. 5. As a representative was not present, the Board tabled action on the site plan, landscape plan and architectural elevation plan for Discount Auto Parts, which is located on the north side of West Atlantic Avenue, between Barwick Road and Military Trail in unincorporated Palm Beach County. The site plan action is in conjunction with a water service agreement which was approved by the City Commission on January 5, 1993. While the Board declined to take formal action at this time, direction was provided with respect to the perimeter landscape strip along Atlantic Avenue and along the north and east property lines. 6. Approved a major site plan modification and landscape plan (6 to 0), associated with the expansion of the Wallace Nissan Dealership, located on the north side of Linton Boulevard between Wallace Drive and SW 10th Avenue (if extended north of Linton). The modification involves a phased development. Phase I will include the construction of a 615 sq. ft. modular building and 316 paved parking spaces. Phase II will include the removal of the modular building, construction of 2 new buildings (6,500 sq. ft. and 12,500 sq. ft.) and 152 additional parking spaces. Phase II will be occupied by a full service auto dealership - Wallace Dodge. The Board tabled the architectural elevation plan so that the applicant may consider another surface material and additional architectural treatment. Concurrently, the Board approved a waiver to eliminate the 6' wall required along the east property line. No other appealable items were considered by the Board. However, the following agenda item required Board action. * Approved the business sign for Tropicana Diner, located at 802 SE 5th Avenue (vote 6 to 0). . City Commission Documentation Report of Appealable Land Use Items January 25, 1993 thru February 5, 1993 Page 4 * Approved the business sign for All For 99 Cents, located at 1547 S. Congress Avenue (vote 7 to 0). * Denied the business sign for Banyan Printing, located at 1191 N. Federal Highway (vote 7 to 0). HISTORIC PRESERVATION BOARD MEETING OF FEBRUARY 3, 1993 A. Granted a Certificate of Appropriateness in conjunction with changes to the parking lot at 401 NE 2nd Avenue, located at the northeast corner of NE 2nd Avenue and NE 4th Street. The associated site plan will be approved administratively as a non-impacting modification (Vote 5 to 0). No appealable items were considered by the Board. RECOMMENDED ACTION: By motion, receive and file this report. Attachment: Location Map . . , LOCATION MAP FOR CITY COMMISSION t.fEETING OF FEBRUARY 9, 1993 L-30 CANAL ~ LAKE IDA ROAD ... w ~ U l- i ~ @ . @ ATlANTIC AVENUE SW2ST ~ w ?c ~ ~ . ~ a a :i a LDWSOM BOULEVARD I 2 UNTON BOULEVARD ~ ~.wo~ CD ~ ~ L-II CANAL S.P.R.A.B. ITEMS: H.P.B. ITEMS: 1. - DBO ACRES A. - 401 N.E. 2ND AVENUE MASTER SIGN PROGRAM 2. - HUBER DRUGS .J 3. - JERRY TURNER ~ ASSOCIATES 4. - SUN BANK N 5. - DISCOUNT AUTO PARTS - 6. - WAlLACE DODGE CITY OF DD.RAY lEACH, FL.ORIDo\ PlANNINC DEPAR'NENT . , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERlJ1/1 SUBJECT: AGENDA ITEM i 98 - MEETING OF FEBRUARY 9. 1993 REOUEST FOR CONDITIONAL USE APPROVAL DATE: February 5, 1993 This item is before you to consider granting conditional use approval for the establishment of a specialized service shop and/or a full service vehicle repair facility on Lot 2B of Ninth Street Plaza, located at the southwest corner of S.E. 9th Street and S.E. 6th Avenue. The subject property is approximately .60 acres and is zoned AC (Automotive Commercial). It includes a two story building which was used for auto parts storage and vehicle preparation in conjunction with the former Wallace Nissan Dealership. The building is currently being used by an auto detailing operation; however, that use was never formally established. The development proposal involves the establishment of a full service vehicle repair facility or specialized service shop within an existing 4,982 square foot building. The improvements associated with the proposal include resurfacing and re-striping the existing parking areas to accommodate 24 parking spaces on site with provisions for 13 future parking spaces, landscaping to meet current Code requirements and repairs and improvements to the exterior and interior of the building. The request is being made in order to allow the property to be ready for quick occupancy (without requiring a use hearing) once a permanent tenant is found. Since the uses are similar in nature and intensity, it is appropriate to consider them both under one conditional use application. Additionally, a site plan modification is being processed concurrently with the use request. Drainage deficiencies which currently exist on site will be partially alleviated with the installation of a gravel-filled trench around the parking areas. The Planning and Zoning Board at their January 26th meeting recommended approval, subject to conditions. A detailed staff report is attached as backup material for this item. Recommend approval of the request for conditional use approval to establish a specialized service shop and/or full service vehicle repair facility within Ninth Street Plazaj subject to the conditions as recommended by the Planning and Zoning Board. ~ 1-/1-0/ (l9fl.~daM~) '. , , L'K, .' 1 ()v C I T Y COM MIS S ION DOC U MEN TAT ION TO: T. HARDEN, CITY MANAGER , ~y). ~0~ THRU: D J. K V CS, DIRECT DEPARTMENT OF PLANNING AND ZONING ~ FROM: DIANE DOMINGUEZ, PLANNER III~iAl' \~ SUBJECT: MEETING OF FEBRUARY 9, 1993 CONDITIONAL USE REQUEST TO ALLOW THE ESTABLISHMENT OF A SPECIALIZED SERVICE SHOP OR A FULL SERVICE VEHICLE REPAIR FACILITY WITHIN THE NINTH STREET PLAZA ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a Conditional Use request to allow a specialized auto service shop or a full service repair facility. The subject property is Lot 2B of the Ninth Street Plaza plat, and is located at the southwest corner of S.E. 9th St. and S.E. 6th Avenue (northbound Federal Highway). BACKGROUND: This proposal is for the redevelopment of the last unoccupied tract of the Ninth Street Plaza plat. Previous approvals related to the Ninth Street properties include the Shoney's restaurant, M.A.B. Paints, and Blue Max German Autohaus. The subject property is approximately .60 acres in size and is zoned AC (Automotive Commercial). It includes a two-story building which was used for auto parts storage and vehicle preparation associated with the former Wallace Nissan dealership. The building is currently being used by an auto detailing operation, however, that use was never formally established. If granted, this Conditional Use request will allow the site to be offered to prospective tenants for use as either a specialized service shop (tires, mufflers, etc. ) or a full service vehicle repair facility. A site plan modification is being processed concurrently with the use request, to bring the site into compliance with parking and landscaping codes. Drainage deficiencies which currently exist on the site will be partially alleviated with the . , , City Commission Documentation Ninth st. Plaza, Lot 2B--Conditional Use Request Page 2 installation of a gravel-filled trench around the parking areas. The applicant has asked that this arrangement be permitted as a temporary drainage solution, based upon an agreement that permanent drainage improvements will be installed when the site is occupied by a new tenant. Additional information regarding the proposed agreement for drainage, as well as a more detailed description of the project, are included in the attached Planning and Zoning Board staff report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of January 26, 1993. There was no one present from the public to speak on the request. The Board voted 6-0 (Currie absent) to recommend approval of the Conditional Use, based upon positive findings with respect to Chapter 3 (Performance Standards) of the LDRs, and the policies of the Comprehensive Plan, and subject to the following conditions: A. That a revised site plan be submitted which addresses the staff comments made in relation to the application for site plan modification. B. That a drainage plan be submitted which accommodates an acceptable permanent drainage solution. C. That the current property owner enter into an agreement in a form acceptable to the City Attorney, stating that the permanent drainage improvements will be installed within 30 days of a change of occupancy, and that such agreement be entered into the public records. D. That the excess pavement within S.E. 9th Street (adjacent to the property) which is obstructing drainage be removed. E. That the Replat of Lot 2 Ninth Street Plaza and the Off-Site Parking Agreement be recorded prior to issuance of a Certificate of Occupancy for any use of the existing structure. F. That subsequent development and use of the site be generally in conformance with the submitted sketch plan, Exhibit "A" of the staff report. RECOMMENDED ACTION: By motion, approve the Conditional Use request for a specialized service shop or a full service vehicle repair facility at the Ninth Street Plaza site, pursuant to the findings and recommendation of the Planning and Zoning Board, and subject to the above listed conditions. Attachment: P&Z Staff Report DD/T:CC9THST.DOC . , . PLANNING & ZONh~G BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- MEETING DATE: January 25, 1993 AGENDA ITEM: IV.B. ITEM: Conditional Use request to allow the establishment of a specialized service shop and/or a full service vehicle repair facility within the Ninth Street Plaza, east of Blue Max German Autohaus & north of MAB Paints. f-/ I. " I: 1 n , t---f f--W f- rnnn - t-- f- f- ~I - - - - ~ I-- .zAI. :A lID. h - - ~~.... I- - t I ~ ~\ I~~~tte . ,\ - - I '" - - ~ - - -' - - i! ... - - In f-- ~ - f- . - f- 8 - i~!i d - t:::; ~ 2: r--J ::liI ,I. · r-L.[ ~ ~t - ,I ? II , '-- L-- .1 ---.I--!-- . - I-- "1 I - , GENERAL DATA: Owner................... .Wallace Nissan, Inc. Agent....................Michael S. Weiner Location.................Southwest corner of SE 9th Street and SE 6th Avenue (Federal Highway - northbound). Property Size............O.60 acres City Land Use Plan.......General Commercial City Zoning..............AC (Automotive Commercial) Adjacent Zoning...North: GC (General Commercial) East: GC South: GC West: AC Existing Land Use........Vacant building with no authorized use. (This parcel has had landscaping upgrades, pursuant to redevelopment of the rest of the block.) Proposed Land Use........Establish a specialized service shop or a vehicle repair facility in the existing 4,982 s.f. building. Water Service............Existing on site. Sewer ServIce...... ... ...Existing on site. IV.B. . . I T E M B E FOR E THE BOA R D : The action before the Board is that of making a recommendation to the city Commission on a request for Conditional Use and sketch plan approval to establish a Full Service Vehicle Repair Facility or a Specialized Service Shop. The subject property is located at the southwest corner of S.E. 6th Avenue (Northbound Federal Hwy. ) and S.E. 9th Street. BACKGROUND: The subject property is Lot 2B, Replat of Lot 2 Ninth Street Plaza. The property contains approximately 0.60 acres and is zoned AC (Automotive Commercial). There is an existing two story 4,982 sq. ft. structure and associated parking located on the property. The structure was formerly utilized as the auto parts storage and vehicle preparation facility associated with the Wallace Nissan Automobile Dealership. The Dealership relocated to a new facility near 1-95 and Linton Boulevard approximately 5 years ago. The structure is currently occupied by an auto detailing business, however, the current use has not been properly established. The most recent land use actions to occur with respect to the subject property are as follows: On June 13, 1991, the Planning and Zoning Board recommended approval of the Ninth Street Plaza plat subject to conditions. The plat defined two lots: Lot 1 for Shoney's; Lot 2 for the north portion of the block. The plat also accommodated abandonment of a midblock north/south alley. At its meeting of August 13, 1991, the City Commission approved the Ninth Street Plaza final plat. On June 23, 1992, the City Commission approved a Conditional Use request to establish a vehicle repair facility on the lot immediately to the west of the subject property (Lot 2A) for Blue Max German Autohaus, Inc. On June 25, 1992, a non-impacting site plan modification for Lot 1 was approved which allowed 19 spaces for MAB Paints, Inc. to be located on the subject property via an off-site parking agreement. On September 2, 1992, the Site Plan Review and Appearance Board approved the site plan for Blue Max. The associated improvements have been installed. On October 13, 1992, the City Commission approved the Replat for Lot 2 for Ninth Street Plaza. The plat defined two lots: Lot 2A for Blue Max; Lot 2B for the subject property. On December 4, 1992, the conditional use and a request for site plan modification for auto repair on Lot 2B were submitted. The conditional use is now before the Board for action. . P&Z Board Staff Re~~rt - * '. Ninth Street Plaza, Lot 2B - Conditional Use Approval Page 2 PRO J E C T DES C RIP T ION : The development proposal is to establish a full service vehicle repair facility or specialized service shop wi thin an existing 4,982 sq. ft. building. The request is being made in order to allow the property to be ready for quick occupancy (without requiring a use hearing) once a permanent tenant is found. Since the uses are similar in nature and intensity, it is appropriate to consider them both under one conditional use application. Presently, there is a car wash area within the south end of the building. Access to the wash area is accommodated through two (2) overhead doorsi one on the west side facing Blue MaXi and one on the east side facing Federal Highway. In addition, there is an overhead door located on the second floor facing Blue Max, which apparently was previously utilized for parts deliveries. The improvements associated with the proposal includes the following: * Resurfacing and restriping the existing parking areas to accommodate 24 parking spaces on the site with provisions for 13 future parking spaces. * Provision of landscaping to meet current Code requirements * Repairs to the exterior of the building. * Improvements to the interior of the building. The on-site improvements are being processed through an application for a non-impacting site plan modification. CON D I T ION A L USE A N A L Y S IS: CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. IFUTURE LAND USE MAP I The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a Land Use Plan designation of General Commercial and an AC (Automotive Commercial) zoning designation. The AC zone designation is deemed consistent with the General , P&Z Board Staff Re~_~t Ninth Street Plaza, Lot 2B - Conditional Use Approval Page 3 Commercial land use plan designation. Pursuant to Section 4.4.10(D)(6) and (7) , within the AC zone district, specialized service shops e.g. detailing, brake shops, etc., and full service vehicle repair are allowed as a Conditional Use. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map. 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. Water and Sewer: To date, site specific water and sewer plans have not been submitted; however, in review of the previous development plans provided with redevelopment of the entire block, the following is noted: * An existing 8" water main is located along the south side of S.E. 9th Street (north property line). * Fire suppression is provided via an existing fire hydrant at the northwest corner of the property adjacent to the north driveway. * An existing 8" sanitary sewer main is located along the the west property line (former alleyway). The water and sewer mains along with the fire hydrants were installed in conjunction with the development of the Shoney's site. Based upon the above, no water and sewer main extensions or upgrades are required with this development proposal. Drainaqe: Prior to the redevelopment of the Block, there was a significant problem with drainage that flowed northward from the properties onto Ninth Street. Much of that problem has been corrected through the provision of exfiltration trenches and drainage improvements, particularly those made to the Blue Max site. Currently, drainage from the subject property sheetflows north and eastward. A temporary drainage system has been installed at the north and east sides of the parking area. The water will sheetflow into a gravel-filled trench located at the perimeter of the parking spaces. This drainage improvement does not comply with acceptable standards. Because of the costs associated with the provision of exfiltration trenches, the owner of the property is requesting that this temporary solution be accepted until such time that a permanent tenant for the property is secured. Staff feels that the request is acceptable provided that a drainage plan is submitted which accommodates a permanent drainage solution; and that the ., P&Z Board Staff Re~~rt Ninth Street Plaza, Lot 2B - Conditional Use Approval Page 4 improvements be installed with a change of the building occupancy. These conditions would be enforced through an agreement that is recorded in the public records. As the general public's health, safety and welfare is not significantly affected by the drainage proposal, staff has no objections provided that the above conditions are adhered to. Based upon the above, a positive finding with respect to drainage concurrency can be made. Streets and Traffic: The City's Traffic Engineer has calculated that the proposed use will generate approximately 59 ADT (Average Daily Trips). Based upon these calculations, the proposed conditional use will generate similar traffic volumes to a comparable AC use and therefore will not have any net impact on the adjacent roadway links. No right-of-way dedications nor street widening are required with this development proposal. Parks and Recreation Facilities: Park dedication requirements do not apply for nonresidential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: Trash generated by the proposed vehicle repair facility/specialty shop will not be significant with respect to level of service standards. I CONSISTENCY I Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basi. upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: Land Use Element POlicy A-2.4 - Auto related uses which involve the servicing and repair of vehicles, other than as a part of a full service dealership, shall be directed to industrial/commerce areas. Pursuant to Section 4.4.10(A)(Purpose and Intent), the AC zone district was created to provide specific regulations for auto related uses when they are not located within Commerce or Industrial Districts; and to further Objective A-2 of the Land Use Element. Based upon the above, it is appropriate to make a finding of consistency with this Comprehensive Plan Policy. , P&Z Board Staff Re~vrt Ninth Street Plaza, Lot 2B - Conditional Use Approval Page 5 SECTION 2.4.S(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.S(E)(S) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on the north, south and east by the GC (General Commercial) zone district, and on the west by the AC zone district. The existing land use north of the site is Miami Subs restaurant, west is Blue Max Autohaus, Inc. (vehicle repair), and south are Shoney's restaurant and MAB Paints. East of the site are commercial uses. Thus, as the property is surrounded by commercial uses, there will be no detrimental effect upon any neighborhoods. The remainder of the surrounding properties should not be negatively impacted by the proposed use. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development application/request. * Service Bays Pursuant to Section 4.4.10(G)(4)(a)(Location Restrictions), service bay doors shall not be oriented toward any adjacent residentially zoned property, except where currently existing, nor oriented toward any adjacent public street unless it can be demonstrated to the Planning and Zoning Board that it is not feasible to comply. As previously stated, the building contains a total of three (3) overhead doors: one (1) on the east side facing Federal Highway; and two (2) the west side of the building facing Blue Max (one on first floor and one on the second floor). Although these doors are not adjacent to residentially zoned property, an overhead door does face a public street (Federal Hwy.). However, these doors have existed for many years and reorienting the overhead door to the west side of the building would be impractical. The perimeter landscaping which has been installed will provide some screening of the door. , P&Z Board Staff RePvrtt Ninth Street Plaza, Lot 2B - Conditional Use Approval Page 6 * Parking Pursuant to Section 4.6.9(C)(5)(b}, vehicle repair facilities and specialized service shops are required to provide 4.5 parking spaces per 1,000 sq. ft. of gross floor area. The existing building contains 4,982 sq. ft. , thus requiring 23 parking spaces. The sketch plan accommodates 56 total parking spaces (24 proposed, 19 existing, 13 future) . The parking requirement will be complied with via the installation of the 24 proposed parking spaces. The 19 existing spaces at the south end of the property are associated with an off-site parking agreement for the Shoney's restaurant and MAB Paints, and cannot be included as required parking for this development (structure). The 13 spaces shown as future parking are not necessary at this time. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Upon staff review of the sketch plan, the following items were identified. In addition, a site plan modification is currently being processed and technical comments, which include the items below, have been transmitted to the appl icant . Once revised plans addressing the comments have been received, processing of the modification will continue. 1. Perimeter Landscapinq Pursuant to Section 4.6.16(H)(3)(d), a 5' landscape strip shall be provided between the vehicular use area and the ab~tting property. Along the west property line only a 1 ' landscape strip has been provided. Along the south property line there is no landscape strip provided as there are existing parking spaces located over these lines (via off-site parking agreement). The 5' landscape strip must be provided or a waiver request must be made and granted by the City Commission. 2. Dumpster Location A dumpster location has not been indicated on the sketch plan. The sketch/site plan must show a dumpster location. In addition, the dumpster enclosure should be designed so there is available space to accommodate a dumpster for recyclable materials; and containers for motor oil recycling and the disposal of hazardous waste. 3. Excess Pavement On the north side of the sidewalk along S.E. 9th Street, there is excess asphalt which is prohibiting drainage from flowing to the catch basin along Federal Highway. Apparently, instead of providing a curb cut for the now closed accessway, asphalt was installed to the height of the sidewalk. This asphalt must be removed. , P&Z Board Staff Re~.Jrt '.~;'::-~,j Ninth Street Plaza, Lot 2B - Conditional Use Approval . Page 8 R E COM MEN D E D ACT ION : Recommend approval of the request for Conditional Use and sketch plan approval based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan subject to the following conditions: A. That a revised site plan be submitted which addresses the staff comments made in relation to the application for site plan modification. B. That a drainage plan be submitted which accommodates an acceptable permanent drainage solution; C. That the current property owner enters into an agreement in a form acceptable to the City Attorney, stating that the permanent drainage improvements will be installed within 30 days of a change of occupancy, and that such agreement be entered into the public records. D. That the excess pavement within S.E. 9th Street (adjacent to the property) which is obstructing drainage be removed. E. That the Replat of Lot 2 Ninth Street Plaza and the Off-Site Parking Agreement be recorded prior to issuance of a Certificate of Occupancy for any use of the existing structure. F. That subsequent development and use of the site be generally in conformance with the submitted sketch plan, Exhibit "A" attached hereto. Repc;>rt prepared by ~f C~1J~. 1: Pif~ Rev1ewed by DJK on: 1 0 ~ , , t Attachments: Sketch Plan Master Plan JAC/T:LOT2B.DOC , - 3J - - - + -s.~ 9r# c:s.r~ , " --- --- - --~........... -- .~,' " I ,o'g --~- "'-- -:~ ~,..~ -- - -r--- I ,>.~ ,,>~, . ''-, 1 ,,' . I ~ I I I ,\.,,~" :;:; , I ill "\~' 'fli~ :~) I p I J& I ~CJ " ,," 'i I >,,~ ' I :" . "l 1 I . ---_.~ ~ l N I +1 to- I 15 I , - :I , ) I 1Jl I N l&I N en ,I J ~ ,'; 1 I .&a. .e~ ge :c ,. ,sa 1. : , I I N ~ go S ... ,~ /l:~ II .i~~-': . .J c i ~ ,~ I 11 b 'I . .. 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M I4S1'e L flAAl , / F C'i \ (t,) [IT' DF DELAA' BEA[H 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM # 9C REGULAR COMMISSION MEETING 2/9/93 DELRAY AFFAIR DATE: February 4, 1993 ACTION City Commission is requested to endorse the Delray Affair scheduled for April 16th, 17th, and 18th, 1993 and approve the requests for support and assistance for from the City. REQUEST The Chamber of Commerce is requesting an endorsement from the City for the Delray Affair and are asking that this be the only authorized event during this time. In addition, the Chamber is requesting staff assistance in providing security, first aid, trash removal and clean-up, barricade placement and other assistance as needed. They also are requesting permission to use Worthing and Veterans' Park and other downtown parking facilities, and asking for closure of Atlantic Avenue from Swinton to the Intracoastal and side streets, as has been done in the past. (See attached letter.) Please note that Veterans' Park will not be completed in time to be utilized for the event. Staff is also seeking direction from Commission concerning overtime costs. In the past five years, overtime costs were shared 50/50. Last year, total overtime costs were $10,814.61; (Chamber share $5,407.30). Commission has previously indicated that they did not want to continue sharing these costs for special events. Direction concerning overtime costs is requested. r' ~{'-(dZ ,~-O uJI50 % eX cT J l(7~ THE EFFORT ALWAYS MATTERS . ' . AGENDA ITEM :# DELRAY AFFAIR RECOMMENDATION Approve request from the Chamber of Commerce without the use of Veterans' Park and provide direction on overtime cost responsibility. RAB:kwg . , ~ . F- ~ C4.; '*(J ~, ..J1.jG. w,o #7'\ 2-/ I 1/27 /93 c: City Manager AS "AN 2 7 1993 Department Heads RECEiVED RAB:mld GREATER DELRAY BEACH JAN , 7 1993 Chamber of Commerce January 26, 1993 CITY COMMISSION Mayor and City Commission 100 NW 1 st A venue Delray Beach, FL 33444 Dear Mayor and Commissioners: The Delray Affair is scheduled for April 16, 17 and 18, 1993. This family oriented arts and crafts festival has grown to be the largest of its kind in South Palm Beach County. Last year we contracted with Regional Research Associates to do an Economic Impact Study and we found the three days of the Delray Affair had a direct economic impact in the City of over 5 million dollars. The overall economic impact to Palm Beach County as a result of the Affair was over 13 million. A great deal of the success of the Delray Affair is attributed to the excellent support provided by the City and we again seek that cooperation through approval of the following items: 1. Endorsement by the City Commission 2. Use of Worthing and Veterans Park parking lot and certain streets and parking lots for entertainment and display. 3. Blocking off parking from Swinton Avenue to the Intracoastal Waterway and closing Atlantic to traffic from Swinton to East 7th Avenue. 4. Placement of trash containers with periodic emptying, and general clean up after the close of the Delray Affair. 5. Allow this to be the only Commission approved event during the Delray Affair time frame. 6. Provide city staff support (police, Fire, Streets, Engineering, Reet and Facility Maintenance, Community Improvement, Parks & Recreation) to the planning committee. Your favorable consideration of these requests is greatly appreciated and we sincerely hope you '>'Iill join the festivities. Yours truly, ~. /; /~-- ~~ William J. Wo President DAmASK 64 S.E. FIFTH AVE~~UE . DELR,LW l5E,L\C ~lOi;:! :3 :.'~; IJ e ~) 407 / 278-0424 . F.AX 407 · :U8-055~S Chamber Accredited bV United Sto'cs C>:jmbe~ or CorJ"T:e: >' , , . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM i q]) - MEETING OF FEBRUARY 9. 1993 DRUG TASK FORCE FINAL REPORT DATE: February 5, 1993 Attached for your information is the final report from the Drug Task Force. Dr. Alperin will be making a presentation on this report at Tuesday evening/s meeting. Dr. Alperin, Chief Overman, Major Lincoln and myself have discussed the report and feel that it is appropriate to request Commission authorization to create an advisory board to work with staff in addressing the issue of drug problems within the community. Also, it is recommended that the Commission implement the first step of the recommendations and direct staff to proceed with items A and B under Leadership. Item A recommends that the Commission make a strong policy statement to indicate that diminishing the drug problems in Delray Beach will be a top priority. Staff should be directed to draft a policy statement and bring it back to the Commission for consideration. Item B recommends that the Commission direct the City Manager to write a plan which addresses the strategy and tactics to be used to eliminate the drug problem. This recommendation would be completed with the assistance of the proposed advisory board. Additionally, staff should be directed to report back with regard to the implementation of the other recommendations within 60 days. Recommend approval of request for authorization to create an advisory board to address the issue of drug problems within the community and direction to proceed with items A and B under Leadership. ~ ~ &)~ 5"-0/ 10 & jy,~i5I iod wi jud ~ 12~ Me;( ~ 1'1'13 , ' . , . . (2JnJ- ,- [IT' DF DELRA' BEA[H 100 N.W. 1sl AVENI IE UIII"IAY J]IACIf. FIOIlIU^ :n444 'lOil/,n I(J~'l MEMORANDUM r J-; 1- rf' TO: Drug Task Force Members ~~ \ nLPlq { () tI- FROM: Commissioner Jay Alperin Chairperson, Drug Task Force DATE: October 8, 1992 SUBJECT: DRUG TASK FORCE FINAL REPORT On May 14, 1992 City Commission passed resolution number 38-91 establishing the Delray Beach Drug Task Force. The Drug Task Force was charged with the task of identifying drug problems within our community and making appropriate recommendations to City Commission. Representation consisted of: City Commission Atlantic Community High School Police Department Carver Community Middle School Code Enforcement Delray Beach Clergy Association N.A.A.C.P. Community Churches United Drug Abuse Foundation South County Mental Health Chamber of Commerce Haitian/American Chamber of Commerce Fair Oaks Hospital Office of the State Attorney The Drug Task Force focused on four (4 ) primary areas critical in addressing drug problems within Delray Beach, specifically: 1. Community Leadership 2. Law Enforcement 3. Education ( 4. Drug Treatment The group's consensus was that all of these components are equally important in impacting upon the drug problems within our community. While it was recognized that significant economic factors, such as job opportunities, contribute to the drug problem, realistically, the Task Force was not in a position to address this issue. As part of the Drug Task Force's examination of the overall problem, a series of public meetings were scheduled in the spring to discuss issues and concerns specific to each of the four (4 ) areas and to solicit comments and suggestions from members of the community. The community response to the meeting at Carver Middle School was excellent, however, the attendance at subsequent meetings at Pompey Park and Atlantic High School was disappointing. Educational and informational handouts were made available at the meetings. THE EFronT ALWAYS MArTEns , . SUBJECT: DRUG TASK J?QRGE_fINAL RERQ~T October 8, 1992 Page 2 At the conclusion of the public meetings, the Drug Task Force made specific recommendations to be presented to the City Commission for consideration. The recommendations are as follows: l. Leadership: A. We recommend the City Commission make a strong policy statement to indicate that diminishing the drug problem in Delray Beach will be a top priority. This issue will be a primary concern just as important as growth management or taxes. B. The City Commission should direct the City Manager to write a plan which addresses the strategy and tactics to be used to eliminate the drug problem. C. That each action of the plan be given a start and completion date including benchmarks for tracking. The City Commission will be regularly briefed on progress of the plan. D. Commissioners should be visible and vocal in the area of leadership and should involve other community leaders in the campaign against drugs. The emphasis must be the assumption of leadership responsibility for the solution to the problem by the City Commission. We cannot ask others to solve our problem if we are not willing to be at the forefront. There must be community wide leadership not lip service. The City is led by the City Commission. City staff. the court, the church, the Chamber of Commerce. the schools, civic minded organizations and the organizations for prevention and treatment. 2. Law Enforcement: A. Continue to support and promote police intervention and ( outreach programs, such as Community Policing, D.A.R.E. , Kids and Cops. B. Support the concept of nuisance abatement actions against properties identified RS sources of drug activity. C. Support the concept of an ordinance prohibi ting, loitering with the intent to engage in drug related criminal activity. D. Encourage and support neighborhood programs for self help, even the block by bloCk approach. Emphasis may best be used to support those willing to take back " .' . . SUBJECT: DRUG .'.rA~K FORCEE'INl\L REPORT October 8, 1992 Page 3 their streets. Those willinq to point out the offenders should be made to feel safe for their sacrifice. E. Support other programs as suggested by police leadership. 3. Education: A. Reestablish Drug Sniffer Dog Programs at senior high and middle schools. B. Support a variety of school. community and church based after school programs. C. Develop church/community based alternative to suspension program to keep at risk kids in a structured environment. D. Support other programs as suggested by religious and education leaders. E. Create a clearing house for information on educational resources to be shared wi.th all the community. This would also include prevention and treatment facilities and programs. 4. Treatment: A. Aggressively support local treatment agencies in their attempts to obtain county, state and federal funding. B. Develop a treatment program specific to assist Delray Beach resident.s that will be supported by local funding. C. Demand a more equitable share of the existing ~ county-wide funding for our local programs, along with other south county cities. A new thought may be to use the City's grants coordinator and the City's lobbyist to find funding for these programs. Please review the above information. make additions or comments and forward to me so that a final report can be submitted to the City Commission as soon as possible. Thank you for your assistance and cooperation. ppt '. . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~l SUBJECT: AGENDA ITEM i 9E - MEETING OF FEBRUARY 9. 1993 CONSIDERATION OF FUNDING SOURCE/BOYS AND GIRLS CLUB DATE: February 5, 1993 At the February 2nd workshop meeting the Commission entertained a request from the Boys and Girls Club for a grant in the amount of $100,000, to be allocated by April 2, 1993 and a request for consideration of funding in the amount of $85,000 per year, for the next five years during the City/s budgetary process. At that time the general consensus was supportive of the requestsj however, a funding source was not identified for the $100,000 allocation. This item is therefore, before you for consideration of a source of funding. At the time the agenda was complete, staff was still identifying possible sources. It is anticipated that several options will be provided to you for consideration at Tuesday evening/s meeting. Recommend consideration of a funding source to provide a $100,000 grant to the Boys and Girls Club. C~ CC U~~ & A~J M /170 f)ui~/}[9 ~a ~ ~ ~ r ..f/~txJO~; $8"S;CCO ~;;? e~ 10 h.L ~utd ~ k+r: ~. , , ,?-- /7'-- ~ ~r:~,-- ~ . . 0:I/?3 c .' :fu~ 50.; lord / . ~ ~ BOYS & GIRLS CLUBS OF PALM BEACH COUNTY, INC. - 7f{' mak ~ Ieth ~ ~ Ieth ~ OFFICERS ~B~:~.6 January 13, 1993 HEC~J' '__. President C V t: U William K. Caler Presldlnt.EIICI J"N , JohnH8IriIg Mr David Harden ~ 4 1991? Vice Presidents . oJ Sharon Martineli ci ty Manager C/ =~ Vusallo ci ty of Delray Beach TY MANAGER'S OFFICE MaryK.LoIv 100 N.W. First Avenue ~~DMDmE~RS Delray Beach FL 33444 Sandra Abou18i1 ' Douglas BallO ~~~o Dear David: DolDlhy Bradshaw Virginia Buckley . ~nL&m On behalf of the Boys & G1rls Club, I want to thank you for ~tr~lahan including us in last week's City Council Workshop. Although W~~~~ our initial request to use billboards as a fundraising tool ~t~ did not meet with a consensus, we are encouraged by ~he city F. MaIco!m ~unningham Council's support and their promise to move forward in ~~~~ including us in the City's budget. Mrs. Sam C~.D' ManinA 0 ,. .. . Wiliam~ rane The Boys & G1rls Club 1S a not-for-prof1t organ1zat1on ~~'~::a.:*1l formed over 100 years ago that currently has 1,500 locations ~~=~~~ throughout the country which specialize in offering a club ~rs'J=s.James for children to participate in many supervised activities. J~~~ime Generally, these are the children who would otherwise go ~~::J.Leopold home after school to an empty home. Since the Boys & Girls ~~~~~:~n ~lub of Palm Beach County agreed ~o expand its ~ervices to ~Mu~~ 1nclude Delray Beach, we have rece1ved overwhelm1ng support ~t~:~ from many community leaders. A Unit Board has been formed ~n:R~:::: which has the involvement of many area residents. There are ~~~~~J several noteworthy alumni of the Club including President- Hervyp.nRUttolo ,r. elect Clinton as well as local individuals like Major Robett Shaw . h d . I Mrs. Mac Siegel R1C ar L1nCO n. Mrs. Theodore Tarone Mrs. Nancy Thomas. .. ~*VMBa~n It 1S a well-known fact that ch1ld-related serv1ces need to ~~:~r be expanded in the City. Everyone realizes that a Boys & ~~~~~~~ Girls Club located in Delray Beach can provide services to T. M. Youchak hundreds of children who presently do not have a place to go DIRECTORS FOR UFE after school or at times when the schools are not open. The ~H=~C=~r City's after school program can only handle a portion of the 'R.W. Oanischelsky need 'Bartdey S. Henderson . Roben P. Levinson :a~::':eSr. The City has made several investments in the community that :E:~~~ need to be made safe from juvenile vandalism without the Mrs.l.awrenceS.Warren cost of adding additional police. There were over 1,900 Elmer C. Warshaw Mrs. Charles R. Weber 'Co!. Alfred M. Worden Execull" DlrlClor Mary T. OCoMor 'Past Preside'" Yn-ved Ut, Ik ~ 0/ oat- ~ ADMINISTRATIVE OFFICE. 2247 PALM BEACH LAKES BLVD.. SUITE 212 . ~ . WEST PALM BEACH, FL 33409.407-683-3287 - ~ WEST PALM BEACH FACILllY . 407-683-3392 WELLINGTON FACILIlY. 407.79O-O:W3 A United BOn.. GIRLa CLUBa RIVIERA BEACH FACILllY . 407.842.5234 Way Agency or AMUlCA (:L) ., . . juvenile-related crimes/incidents in the City over the past four years (see attached). By contrast, the City of North Lauderdale determined that a Boys & Girls Club was needed in their city. Within three years of that club opening, crime among juveniles decreased by .ill. By applying these statistics to Delray Beach, the cost savings that can be achieved in addressing juvenile crime and related problems is substantial. The community service center planned for Carver Middle School combined with a Boys , Girl. Club at the Catherine strong Center will make for a full complement of service. in an area where the City needs to make a positive statement. OUr present schedule is to have the Club open by the time the schools break for the summer. This would require that the Club open on or about May 1st of this year. In order to facilitate this date, we need the City'S financial support and ask that a grant of $100,000 be allocated to the Club by ~pril 2, 1993. Additio~ally, we request that ~~,City 1nclude in their upcom1ng budget a minimum ftf~y.ar~ co_iblent to the South County Boys' Girls Club 01t. $85,OO(),.~" per year to go towards the operating budget of thaClwyt Our volunteer board members will continue to work hard in identifying other creative fundraising avenues. However, we need the City's support to move ahead. With the City's support and the support of the community and other charitable fundraising organizations, the desperately needed services provided by the Boys & Girls Club can be made available to the youth of Delray Beach when schools close for summer break and leading into the new school year. We appreciate your support thus far and look forward to seeing this project through with you and the City commission. S;Z::? Harc de~ste Corporate Board Member MdB:kob cc: Mayor Thomas E. Lynch Jay Alperin, City Commissioner Ken Ellingsworth, City Commissioner Armand Mouw, City Commissioner David Randolph, City commissioner Mary O'Connor, Executive Director . , . Subject: JUVE~ILe JTATISTICS ---------~--------~---------~-~--------------------------------------- ._~--------------------~-------~----------~------~---.------~-~------- The below listed information was compiled from historical data covering the calendar period January 1989 through June 30 1992. Arre.ta 1989 1990 1991 1992 Male/Female Male/?=emal. Male/Female Ma 1 e/F.ema 1 e Homicide 2 0 2 Sex Offense 4 1 1 1 2 0 , 0 10 Robbery 1 0 7 1 1 1 0 26 Agg.Aaeault '6 3 1 1 4- 12 4 ., 2 55 w Burglary 10 1 27 1 29 , 13 0 82 Larceny 47 e a7 e &4 25 28 12 235 M/V Theft 51 2 18 3 22 1 3 2 102 Simp.Assault 7 1 1 1 2 a 2 1 0 32 Druga/Narc. 52 0 32 2 14 2 S 0 110 Fraud/Embez. 3 1 2 1 1 0 a Vandalism 7 4 1 0 6 0 18 Gamb'ing 2 0 1 0 3 Weapons Viol. 7 2 9 0 10 1 1 , 31 L.iQuor Viol. 7 1 4 3 4 0 2 0 21 Misce11aneous 90 8 45 4 72 :3 37 10 289 ------------~~-----~-~------~---~---~-------~--~-~------~~---~-~------ To~al 305 30 225 27 254 40 108 27 1016 =======:===z~=====::===========:==================:============&====== Victimization 1989 1990 1991 1992 Male/Female Ma1e/Fema'e Ma1e/Female Male/Female Homicide 1 1 Sex Offense 1 18 1 17 3 17 55 Robbery 18 2 9 4 8 2 41 Agg.Ass&ult 30 14 37 28 41 41 1 e 1 Burglary 4 7 8 12 4- e 41 Larceny 51 20 75 36 59 30 27' , . M/V Theft 3 1 4 3 4 ~ 1 e Simp.Assault 31 !1 51 42 38 49 272 Kidnap/Abduc. 0 3 4 2 2 2 10 , --~--~--------~~-------~-------~-----~~-----~-----~----~-~------------ To'tal 138 125 188 ,.4 159 148 8S8 ----~-----------~---------~--------~--------~-------~----------~------ ------------------~--~-----------~---~-------------------------------- .' .. , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAG ER t~Ji1 SUBJECT: AGENDA ITEM i 11= - MEETING OF FEBRUARY 9. 1993 LANDSCAPE MAINTENANCE FOR BEAUTIFICATION AREAS DATE: February 5, 1993 This item is before you to provide direction regarding whether to award the bid for landscape maintenance to the low-bidder(s) or to direct staff to perform those functions in-house. The beautification areas affected are Atlantic Avenue and 1-95 interchange, the Linton Boulevard and 1-95 interchange, Linton Boulevard from AlA to I-95, North Federal Highway from N.E. 8th to Gulfstream Boulevard, North Congress Avenue from Lake Ida to the north City limits, and LaMat Avenue. These areas were bid as two separate groups. Group A consists of Atlantic Avenue and I-95 interchange, the Linton Boulevard and I-95 interchange, and Linton Boulevard from AlA to I-95. Group B consists of North Federal Highway from N.E. 8th to Gulfstream Boulevard, North Congress Avenue from Lake Ida to the north City limits, and LaMat Avenue. A comparison was performed between the cost of providing these services in-house and by contract. The low-bid for Group A is $28,690j staff's estimate for providing these services in-house is $38,104.74. The low bid for Group B is $36,415j staff's estimate $39,191.01. Staff has continually been dissatisfied with the maintenance provided by previous and current landscape maintenance contractorsj and, therefore, recommends that maintenance of these areas be done in-house. A detailed staff report is attached as backup material for this item. ~ 6'-0 .. , , ., I ,- [IT' DF DELAA' BEA[H 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243-7000 MEMORANDUM RECEIVED DEe '0 1992 TO: David Harden City Manager CITY MANAGER'S OFFICE FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Landscape Maintenance for Beautification Areas DATE: December 9, 1992 Attached please find two spreadhseets for landscape maintenance of our beautification areas. The first spreadsheet is for the Atlantic Avenue and 1-95 interchange, the Linton Boulevard and 1-95 interchange, and Linton Boulevard from AIA to 1-95. The second spreadsheet is for North Federal Highway from N.E. 8th to Gulfstream Boulevard, North Congress Avenue from Lake Ida north to the City limits, and La Mat Avenue. Because I have been dissatisfied with the maintenance provided by landscaping maintenance contractors, I requested our Parks Maintenance Division to submit cost estimates after the bids were received as a comparison to the bids provided by the private sector. The comparisons are as follows: For Atlantic Avenue and 1-95 interchange, Linton Boulevard and 1-95 interchange, and Linton Bouelvard from AlA to 1-95 First James City of Tony Luis Custom Nance Genesis Maint. Delrav Scott Clinton Care Landscape $28,690 $34,049 $38,104.74 $39,455 $45,750 $49,355.45 $51,465 For North Federal Highway, North Congress Avenue, and La Mat Avenue Nance Landscape Citv of Delrav James Maint. Tare Landscape $36,4l5 $39,191.01 $41,130 $49,340 THE EFFORT ALWAYS MATTERS ,. 2 As you can see, we were the third lowest out of 7 bids in the first comparison, and the second lowest out of 4 bids in the second comparison. In the last 3 years, we have had to terminate the services of two contractors for poor performance. They not only provided poor maintenance, but billed us for services and supplies not delivered. Of the two remaining contractors we have under contract, I have had to have several meetings with each because of maintenance discrepancies. And that was after numerous verbal and written notifications by our Parks Maintenance Division. Although we have had several reliable contractors in the past, overall the privitazation of this maintenance has not worked well. I believe that, many times, the low bidder unrealistically estimates the job costs, and when he finds out he underbid the project, he tries to cut corners to keep from losing money. We specify a standard of maintenance in our bid document, but many of the contractors do not meet our standards, such as in the area of weed controls and chemical applications (fertilizers, insecticides, etc.). The Parks Maintenance Division took over the maintenance of Congress Avenue, Federal Highway and La Mat Avenue from the contractor and the maintenace has improved dramatically. Another problem is in response time. When our Parks Maintenance Division notices a problem, it may take a day or two to get a return telephone call from the contractor, let alone resolve the problem. The labor figure rates provided by our Parks Maintenance Division was completed by using our full-time labor salaries for the mowing, pruning, irrigation and chemical application, and by using temporary personnel rates for trimming and edging, weed control and litter control. Please note there is no depreciation figured in our cost estimates for equipment (trucks, mowers, weedeaters, etc.). It is my recommendation that we maintain these areas in house. However, the following is a list of facilities that have been added, or will soon be added, to our Parks Maintenance Division to maintain within the last year with no increase in manpower: Boy Scout Hut Cason Cottage Addition N.E. 2nd Street from Atlantic Avenue to N.E. 4th Avenue Police Substation Fire Station on Andrews Temporary Fire Station at Germantown Medians at Congress Avenue and Atlantic Avenue Lake Ida - 11th Street Parcel (pending) Miller Park Addition (pending) Currie Commons (pending) Atlantic High School (pending) '. , . . 3 In addition we have been maintaining the two beautification areas just bid because we fired one contractor and the other contract expired in November. I recommend we reject the bids and hire an additional two full-time employees plus the necessary temporary help to maintain the areas outlined above. We will use our existing equipment (trucks, mowers, etc. ) , and adjust manpower and equipment as new areas are added. Again, please keep in mind that this is our best guess at this time, and we may have to adjust accordingly in the future. It is my intention to do this cost comparison with each area as it comes up for bid. Please review and advise. ~ Parks and Recreation Attachments cc: Ray Eubank Parks Superintendent JW:cp Ref:uslandsc , ' . ~ PAR-G VV\-{V BID FORM SCHEDULE OF PRICES BID tt93-10 SCHED0LE OF PRICES FOR AREA #1 - North Federal Highway UNIT TOTAL ITEM DESCRIPTION QUANTITY PRICE PRICE 1.0 MOWING t 3 . c;L ~ ,,~ ~ rs . 43 .27./;;) Jlq-I.q~ 2.0 TRIMMING & EDGING a. LINE TRIMMING I- () D \*, t( \-\.rs 43 ~~.OO ( ,") 0 f./. () Ci b. EDGING '\ ~ \. 22 2 $t . c/o t,lb.OC 3.0 WEED CONTROL (Shrub Beds~' 3.2.Y.,i~ 22 .;2.;l '--I.t) () (ICj;:z yo .(')0 4.0 PRUNING , a. Schrubs I"?.&~~.. 2'-{ 12 33~.bt( 39cIl . I" ~ b. Trees and Palms . . It., 12 :J..2..1 . f l.. ;;{~&1. /2 c. Accent Trees I. 3 6 l (0. '&~ ~ ~5 .:<.x 5.0 LITTER CONTROL I. .2. I L/ . 0 0 G02 .0 C 43 6.0 IRRIGATION (INSPECTIONS W/CITY) I~''SG , 22 13.8'1., 3cl..(.Q;2,. 7.0 CHEMICAL APPLICATIONS A. TURF INSECTICIDE PROGRAM 'I 2- 2 1;),,7,72.. ;2. C;; ':S. l{ L( B. SHRUB INSECTICIDE PROGRAM (AS NEEDED. SEE RATES FOR ADDITIONAL WORK) C. FI~E ANT CONTROL (AS NEEDED. SEE RATES FOR ADDITIONAL WORK) D. DISEASE CONTROL (AS NEEDED. SEE RATES FOR ADDITIONAL WORK) 95: l..f 4 E. TURF FERTILIZATION - BAHIA .<. ? '-f7.7.<. F. ST. AUGUSTINE FERTILIZATION I 1 .5 3. >?~ ~-3.X'(' G. ST. AUGUSTINE - WEED & FEED' 2 /2>. ~b IY 7.7:<' H. ST. AUGUSTINE INSECT./FERT. COMB. I 1 G.b . 3 (. ~ & .3 i6 I. SHADE TREE FERTILIZATION :<... 2 .3 7 . 7-< 7 S. 4 Y J. PALM TREE FERTILIZATION I 4 .2.~. 8'(. ~~-.41j K. SHRUB FERTILIZATION .:<.. 3 ...37.72- 1I.3./~ 8.0 MULCH 3(" 3 8'l1S.9~ ..:((,~(P.~g AREA # 1 - GRAND TOTAL $ / ? : '7 G tf. 70 (CONTINUED NEXT PAGE) 27 , ~ BID FORM (Cant.....) SCHEDULE OF PRICES FOR AREA ~2 - North Congress Avenue UNIT TOTAL ITEM DESCRIPTION QUANTITY PRICE PRICE 1.0 MOWING ( ~:'< G - .:z. \\"'5 43 ::J.l . 7 ';J~ lJClI.~ to 2.0 TRIMMING & EDGING a. LINE TRIMMING 7.00 1.1 .' 43 ~5S.0 (.) I ;ZOl.(.O 0 b. EDGING " Lo/ 22 ..2~.CJO GI~.a() '. 3.0 WEED CONTROL (Shrub 8eds)" 3~- 22 .:( :l. 4. 0 (:> L(C,.2.. '>{. 00 4.0 PRUNING . a. Schrubs I .3 .~G. . 1(P 12 ~:l...' .7 & .:2.b b \. \ ~ b. Trees and Palms \ I B " '/0. ~S. -I 12 ( 3:S0. S b c. Accent Trees \ I 8 6 trO.'6'~ (, (')~.. ~. 5< 5.0 LITTER CONTROL f.Ot I 43 7. t>o ..3.01.00 6.0 IRRIGATION '3 ~L\.C1 ~ (INSPECTIONS W/CITY) I~. ~L , 22 1"3 .~~ 7.0 CHEMICAL APPLICATIONS A. TURF INSECTICIDE PROGRAM Ii I 2 ~ 7.~~, 75. 7::).. B. SHRUB INSECTICIDE PROGRAM (AS NEEDED, SEE RATES FOR ADDITIONAL WORK) C. FIRE ANT CONTROL (AS NEEDED, SEE RATES FOR ADDITIONAL WORK) , D. DISEASE CONTROL (AS NEEDED, SEE RATES FOR ADDITIONAL WORKq <is?. 7:z E. TURF FERTILIZATION - BAHIA I 2 3.%b F. ST. AUGUSTINE FERTILIZATION N/A G. ST. AUGUSTINE - WEED & FEED N/A H. ST. AUGUSTINE INSECT./FERT. COMB. N/A 47.72 Cf r; . 4 <-I I. SHADE TREE FERTILIZATION ~ 2 J. PALM TREE FERTILIZATION .:<.. 4 4" 7), .3 t.h.~l( K. SHRUB FERTILIZATION .1 3 7.7:<_ '43.. fJJ 8.0 MULCH :2'1 3 7 .3.:z. G '-( ~/"J 7. 9:< AREA ~ 2 - GRAND TOTAL $ Jl,,16~.~t;. , (CONTINUED NEXT PAGE) 28 ., . BID FORM (Cont.....) SCHEDULE OF PRICES FOR AREA #3 - la Mat Avenue UNIT TOTAL ITEM DESCRIPTION QUANTITY PRICE PRICE MOWING ' ~&-l.. ( 43 ':5,~<r. C9S. <18' 1.0 2.0 TRIMMING & EDGING a. LINE TRIMMING 7. DO I 43 7.,) c.} 301.00 b. EDGING I' I 22 7..M t.J I c;-(( r ", . \ I ( J 3.0 WEED CONTROL (Shrub Beds) II t.J 22 ~ <6", CJ cJ G I (J . () CJ 4.0 PRUNING . a. Schrubs 12 Y\J~ . b. Trees and Palms Q. 12 2.7.72- ~,~:2. l.:,L( c. Accent Trees 6 5.0 lITTER CONTROL \ 43 "J,.OO sOt. CJ 0 6.0 IRRIGATION 50 l( ,Cf ~ (INSPECTIONS W/CITY) I 22 1.3 :X-(, 7.0 CHEMICAL APPLICATIONS 37.~(, '7 s. i::z A. TURF INSECTICIDE PROGRAM I 2 B. SHRUB INSECTICIDE PROGRAM (AS NEEDED, SEE RATES FOR ADDITIONAL WORK) C. FIRE ANT CONTROL (AS NEEDED, SEE RATES FOR ADDITIONAL WORK) D. DISEASE CONTROL (AS NEEDED. SEE RATES FOR ADDITIONAL WORK) E. TURF FERTILIZATION - BAHIA N/A F. ST. AUGUSTINE FERTILIZATION' 1 .23 .~~ :l.. ";to J'b .~ . '. G. ST. AUGUSTINE - WEED & FEED I 2 ,;z ~ . 9(_ 1../ 7. 7,.<. H. ST. AUGUSTINE INSECT./FERT. COMB. I 1 31. "3G:, 3/ . .3 (;;, I. SHADE TREE FERTILIZATION I 2 '~. 8"t. :~ 5". 7-< J. PALM TREE FERTILIZATION 4 K. SHRUB FERTILIZATION I 3 I :~to ~-3, ~~ 8.0 MULCH .:J.. 3 /27.7.:<... ~~3.1(., AREA # 3 - GRAND TOTAL $ 3?S("" D:J (<1 (CONTINUED NEXT PAGE) 29 r;;~( ~ f 37/ / 7 /. 0' !' , , . ~~ Lv\. fG T~q ~ ~ A;:r\~"':y l c.. BID FORM SCHEDULE OF PRICES FOR AREA .1 UNIT TOTAL ITEM DESCRIPTION QUANTITY . PRICE PRICE 1 .0 Mowing 43 2.7.7.:2... l/ctl.'1 Co 2.0 Trimming & Edging a. Line Trimming 43 .2 y . ~) 0 12..0 4,00 b. Edging 22 .1 ;;- . r) 0 ~/i:>.oO 3.0 Weed Control (Shrub beds) 22 .2 2. t.( . c:H..) L\ 9.::<8' .uD 4.0 Pruning a. Shrubs 12 8.3./6 cr co . c; :2.. b. Trees & Palms 12 ~2:,.1 (.., qcn.12. c. Accent Trees 6 S~ .l/~ 37,' .Ioi.( 5.0 Litter Control 43 7.CJQ 301.00 6.0 Irrigation (Inspections wi 304. q:t City) 22 13 s; & 7.0 Chemical Applications a. Turf Insecticide Program 2 77.7:2. 15~.l/V b. Shrub Insecticide Program (as needed, see rates for additional work) c. Fire Ant Control (as needed, see rates for additional work) d. Disease Control (as needed, see rates for additional work) . - I J 31 ..~ <.( , .. -:< e. Turf Fert. - Bah a 2 ,..,l..._ V ~,i. f. Turf Fert. - L/ "3 . ~- fo St. Augustine 1 tis. <;:-l, .' 28 - 1 ' . BID FORM (Cont....) SCHEDULE OF PRICES FOR AREA #1 ( Cont. . . . ) UNIT TOTAL ITEM DESCRIPTION QUANTITY PRICE PRICE g. St. Augustine Weed & Feed 2 33ZG G 7.7::2 h. St. Augustine/Insect./ Fert. Comb. 1 3f.3:,l.c, :5 t . ~'" i . Shade Tree Fertilization 2 (., '3J. C; 0 I ~l . () C.) j . Palm Tree Fertilization 4 7' .,-(,:.) ::L <6 ). 7 (, k. Shrub Fertilization 3 l/i 7;';, , If ?;.. .f ~ 8.0 Mulch 3 7Cfg.g~ ;2.:,!~ 9 it, :r;; ~ T ota 1 II..\;c..t, O.~ ~ GRAND TOTAL (AREA #1) Written Amount (d~( 3 ~ I i () y. 7 Y ADDITIONAL WORK (IF NEEDED) ITEM DESCRIPTION PRICE 13.a Sod Replacement I (sq. ft. price) 13.b Plant & Tree Installation (labor per hour/per man) 13.c Fertilizing (labor per hour/per man) 13.d Additional Pest Control Price per 50 gallon application of insecticide i Price per 50 pound application of insecticide 13.e Fire Ant Control (labor per hour/per man) 29 , ... I. ~5.,. LIY1'ro:,\~~vd , BID FORM SCHEDULE OF PRICES FOR AREA #2 UNIT TOTAL ITEM DESCRIPTION QUANTITY PRICE PRICE , .0 Mowing 43 t( I. s9: /7 g-7 .'1::{ 2.0 Trimming & Edging a. Line' Trimming 43 ?)S.OD I ':::,-DC;.vC; b. Edging 22 ::i. S) . "'.... 0 Co 1(, . 0 0 3.0 Weed Control (Shrub beds) 22 ~4.0() yq2~.OD 4.0 Pruning a. Shrubs 12 f(O,'?)( I -5 ""2'" C[, ." ) -:l b. Trees & Palms 12 't3./b 9Q7,9 .:z " ~ ?'"";i.. 'v c. Accent Trees 6 ~).<{I.( ~..:; '~i 5.0 Litter Control 43 7.oQ 3C') I . () 0 6.0 Irrigation (Inspections wi I" Qfo 2, 0 Lf'. ct 2- City) 22 -.J '-, 7.0 Chemical Applications a. Turf Insecticiqe Program 2 77,72- I SS .L{'f.. b. Shrub Insecticide Program (as needed, see rates for additional work) c. Fire Ant Control (as needed, see rates for additional work) d. Disease Control (as needed, see rates for additional work) Turf Fert. - Bahia 2 ,; S.7:<. /3 . I J e. I . L( (/ f. Turf Fert. - t.{ -~ l'-r I t/3. ?s (" St. Augustine 1 .;) , 'f~ '.,> 30 . .. . , . . , BID FORM (Cont. ...) SCHEDULE OF PRICES FOR AREA #2 (Cont....) UNIT TOTAL ITEM DESCRIPTION QUANTITY PRICE PRICE g. St. Augustine Weed & Feed 2 3.3 2' (~ G 7.72- h. St. Augustine/Insect./ Fert. Comb. 1 ~JL3 ~ ~ (.3~ i. Shade Tree Fertilization 2 ,.' ,~ SA /:~,t,o 0 -J":;I. ;; j . Palm Tree Fertilization 4 ? I.!.;\~, 2CC::: 7'- ._ Z\ ~. k. Shrub Fertilization 3 li~f,7~ 14~.I~ 8.0 Mulch 3 79'>t.9~ .:J..~'i Co. <6~ . Total '~l../qo,bO , GRANO TOTAL (AREA #2) Written Amount - ADDITIONAL WORK (IF NEEDED) ITEM DESCRIPTION PRICE 13.a Sod Replacement . (sq. ft. price) 13.b Plant & Tree Installation (labor per hour/per man) 13.c Fertilizing (labor per hour/per man) 13.d Additional Pest Control Price per 50 gallon application of insecticide Price per 50 pound application of insecticide 13.e Fire Ant Control (labor per hour/per man) 31 . , " . . Lt\'\\~V', ~\\J6. r. Q~.~ "fc ~\ ~ BID FORM SCHEDULE OF PRICES FOR AREA #3 UNIT TOTAL lI.E!1 DESCRIPTION QUANTITY PRICE PRICE 1 .0 Mowing 43 ::J... 7. /2 II~ /.'1 ~ 2.0 Trimming & Edging a. Line Trimming 43 I l{. l:) 0 b O~.O() b. Edging 22 'Ii,OD 309,. (;Ci 3.0 Weed Control (Shrub beds) 22 f( 2... .C) b :24 ~'" . tJ('j 4.0 Pruning a. Shrubs 12 S ;; ,tllf bb(.;t~ b. Trees & Palms 12 55'.L/I.( ~6S-. ~S c. Accent Trees 6 ~~,Ylf 3~..~Y 5.0 Litter Control 43 7.0 CJ 3c\'<:JC) 6.0 Irrigation (Inspections wi City) 22 13, ~~ 304.q ;;> 7.0 Chemical Applications a. Turf Insecticide Program 2 1.:;r;'7.:> ,.? I . !.{ 'I b. Shrub Insecticide Program (as needed, see rates for additional work) c. Fire Ant Control (as needed, see rates for additional work) d. Disease Control (as needed, see rates for additional work) e. Turf Fert. - Bahia 2 f. Turf Fert. - t.-(~ .~b St. Augustine 1 l{~.~1o 32 ., . . . BID FORM (Cont....) SCHEDULE OF PRICES FOR AREA #3 (Cont....) UNIT TOTAL ITEM DESCRIPTION QUANTITY PRICE PRICE St. Augustine Weed & Feed 2 '? 3 ''/'l I .., '7 ~, g. ...:;;.. '-"_' ~"1 ~ { ,I ~. h. st. Augustine/Insect./ Fert. Comb. 1 "I. , ....1_ l '?' ( -;., h "I I "-, 'va> '---.P '..) . i . Shade Tree Fertilization 2 ('<.'y:fA ..-;2 ~/ .1 ;!-, -~....I ','. . j . Palm Tree Fertilization 4 ,~,S-~ 7 S"'. L( c.{ k. Shrub Fertilization 3 /3 v/' t..{1.~~ ...) ~ 8.0 Mulch 3 't. !.t f ..., ., ! .:, 1':( ~: . ,)1.:- ~ ~..~ Total ~3S:3.16 GRAND TOTAL (AREA #3) Written Amount GRAND TOTAL (AREA'S #1, #2, & 13) Written Amount ADDITIONAL WORK (IF NEEDED) ITEM DESCRIPTION PRICE 13.a Sod Replacement (sq. ft. price) 13.b Plant & Tree Installation (labor per hour/per man) 13.c Fertilizing (labor per hour/per man) 13.d Addi~ional Pest Control Price per 50 gallon application of insecticide Price per 50 pound application of insecticide 13.e Fire Ant Control (labor per hour/per man) Federal 1. O. # : 33 , .. CITY OF DELRAY BEACH T~LATIGl OF BIOS BID . 93-10 ~~E ~IHTEH~CE oecaeER 04. 1992 H. FEDERAL. H. COiffiESS f=ltlD ~T AV&!UE ITEM EST. Nace Landscape & James Maintenance Tare Landscape t QTY. DESaUPTIGl Desi~n Inc. Ine ~EA tl - HffiTH FEDERAL HIGHWAY 130.00 I 160.00 I 200.00 / 1.0 43 /'DoIIHG 5590.00 6880.00 8600.00 2.0 TRIMMIHG & EDGING 50.00 I 30.00 I 50.00 / a. 43 UN E TRIMMIHG 2150.00 1290.00 2150.00 b. Z2 EDGING 50.00 I 70.00 / 50.00 / 1100.00 1540.00 1100.00 3.0 22 WEED CCtlTROL 85.00 / 115.00/ 50.00 / uno.oo 2530.00 1100.00 4.0 PRLHIHG 50.00 / 120.00 / 100.00 / a. 12 SHRlBS 600.00 1440.00 1200.00 b. 12 TREES 8. PALMS 50.00 / 95.00 / 200.00 / 600.00 1140.00 2400.00 c. 6 ACCENT TREES 50.00 / 65.00 / 100.00 I 300.00 390.00 600.00 5.0 43 UTI ER CCtlTROL 50.00 1 10.00 / 10.00 / 2150.00 430.00 430.00 6.0 Z2 IRRIGATIGl 30.00 1 15.00 I 10.00 / (lNSPECTIGlS W/CITY) 660.00 330.00 220.00 140.00 / - 7.0 OiEMICAL APPLlCATIGlS 50.00 / 200.00 / a. '2 T\..RF INSECTICIDE 280.00 100.00 400.00 b. nfa SHRUB INSECTICIDE c. nfa FIRE ~T CCtlTROL d. nfa OIEASE CCtlTROL 1 e. 2 T\..Rf FERT. -BPIiIA 50. 00 / 50.00 / 100.00 / 100.00 100.00 200.00 f. 1 T\..RF FERT. - ST. ~TIHE 130.00 / 80.00 / 200.00 / 130~00 RO.OO 200.00 9. 2 ST. ~TINE WEED & FEED 150.00 I 150.00 / 200.00 / 300.00 300.00 400.00 h. 1 ST. AlGJSTINE INSECT fFERT aM3. 160.00 / 150.00 / 180.00 / 160.00 150.00 180.00 i. 2 SHADE TREE FERTl LlZTIOO 40.00 / HO.OO / 200.00 / 80.00 160.00 400.00 J. 4 PALM TREE FERTILIZATIGl 40.00 / 80.00/ 150.00 / 160.00 320.00 600.00 k. 3 SHRlA:3 FERTILIZATICtl 60.00 / 95.00 / 200.00 / 180.00 285.00 600.00 8.0 3 ,.,JLOi 200.00 / 500.00 / 700.00 / 600.00 1500.00 2100.00 TOTAL BID PRICE ~EA 4'1 $ 17,010.00 $ 18,965.00 $ 22,880.00 1 '. TOOJLATlOO OF BIOS con.... ~T. Nace Landscape & James Maintenance Tare Landscape ~ QTY. DESCRIPTICIi Desion Inc. Inc. MEA .2 - NCRTH COiffiESS AVENUE 100.00 1 100.00 1 75.00 1 4300.00 4300.00 3225.00 11.0 43 /'O<IIHG '2.0 TRIMMING & EDGING 50.00 1 30.00 1 50.00 1 a. 43 LIHE TRIMMIHG 2150.00 1290.00 2150.00 b. Z2 EDGING 50.00 / 30.00 / 50.00 / 11 00.00 (,(,0.00 1100.00 3.0 Z2 WEED COiTROL 80.00 1 120.00 / 75.00 / 1760.00 2640.00 1650.00 4.0 PRLtlIHG 30.00 / 175.00/ 100.00 / a. 12 SHRtES 360.00 2100.00 1200.00 b. 12 TREES & PALMS 30.00 / 50.00 / 100.00 / 160 . 00 600.00 1200.00 c. 6 ACCENT TREES 30.00 / 45.00/ 100.00 / 180.00 270.00 600.00 5.0 43 LITTER COITROL 40.00 / 10.00 / 10.00 / . 1720.00 430.00 430.00 6.0 Z2 IRRIGATICIi 30.00 1 15.00 / 10.00 / (IHSPECTICliS WfCITY) 660.00 330.00 220.00 7.0 OiEMlCAL APPLICATICliS 60.00 / 100.00 / 100.00 / a. 2 TURf IHSECTICIDE 120.00 200.00 200.00 b. pfa SHRU3 IHSECTICIl)E c. nfa fIRE I'ViT COITROl. d. nfa DIEASE COITROl e. 21 TURf fERT. ~IA 60.00 / 120.00 / 150.00 / 120.00 240.00 300.00 f. nfa TURf FERT. - ST. AlOJSTIHE I g. n/a ST. AlOJSTIHE WEED & FEED h. nfa ST. AlOJSTlHE IHSECT ffERT C013. i. 2 SHADE TREE FERTILIZTICtI 30.001 80.00 / 200.00 / ';0 00 160.00 400.00 j. 4 PALM TREE fERTILIZATICIi 30.00 1 80.00 / 175.00 / 120.00 ~20.00 700.00 k. 3 Sl-lRU3 fERTILIZATlCli 70.00 1 120.00 / 150.00 / ?lO.OO 1(,0.00 1."0.00 : 200.00 1 350.00 / 600.00 I 8.0 3 I1Jl.Oi , f,OO ~__ lfl'\O 00 1ROOflO TOTAL BID PRICE MEA 12 $ 13,820.00 $ 14,950.00 $ 15,625.00 -- "--- 2 . , . TABULATIOH Of BIDS OOHT.... Nace Landscape & James Maintenance Tare Landscape ITEM EST. Design Inc. Inc. . CITY. OESCRIPTIOH - - AREA 13 - LA MAT AVelUE 30.00/ 50.00 / 65.00 / 1290.00 2150.00 2795.00 1.0 43 I'OHIHG 2.0 ~IMMIHG & EDGIHG 20.00 / 25.00 / 50.00 / a. 43 LIHE TRIMMIHG 860.00 1075.00 2150.00 b. 22 EDGIHG 20.00 / 25.00 / 50.00 / 440.00 550.00 1100.00 3.0 22 WEED OOHTFVl 20.00 / 30.00 / 50.00 / " 440.00 660.00 1100.00 4.0 "RUlIHG 20.00 / 25.00 / 50.00 / a. 12 SHRLeS 240.00 300.00 600.00 b. 12 TREES & PALMS 20.00 / 20.00 / 50.00 / ? I. (\ (\(\ 240.00 600.00 c. 6 ~elT TREES 20.00 / 20.00 / 40.00 / 120.00 120.00 240.00 5.0 43 LITTER OOHTROl 15.00 / 10.00 / 10.00 / 645.00 430.00 430.00 6.0 22 IRRIGATIOH 30.00 / 10.00 / 10.00 / (lHSPECTIOHS W/CITY) 660.00 220.00 220.00 7.0 CHEMICAL APPlICATIOHS 50.00 / 80.00 / 75.00 / a. 2 TURf IHSECTICIDE 100.00 160.00 150.00 b. n/a SHRUB INSECTICIDE c. n/a FIRE PliT OOHTROl d. n/a DIEASE OOHTROl e. n/a TURF fERT. -BPIiIA f. 1 TURf fERT. - ST. Al.GJSTIHE 40.00/ 100.00 / 100.00 / 6.0 00 lnn nn 100 00 9. 2 5T. IlI.nJSTlHE WEED & fEED 60.00 / 100.00 / 100.00 / 170 00 200.00 200.00 h. 1 5T. IlI.nJSTlHE IH5ECT/fERT C013. 60.00 / 120.00 I 100.00 I ';0 00 120.00 100.00 i. 2 SHADE TREE fERTlLIZTIOH 15.00 / 60.00 / 50.00 / 10.00 120.00 100. 00 .). 4 PAL11 TREE fERTILIZATIOH 15.00/ 65.00 / 50.00 / (;0 00 260.00 200.00 k. 3 SHRUB fERTILIZATIOH 30.00 / 50.00 / 100.00 / qO 00 150.00 300.00 B.O 3 I'lJLCH , 50.00 / 120.00 / 150.00 / j 1'10 00 360.00 450.00 OTAl BID PRICE AREA 13 $ 5,585.00 $ 7,215.00 $ 10,835.00 3 -. . '. , . TAEULATIOi Of BIOS cnfT.... _ . . Nace Landscape & James Maintenance Tare Landscape De"'-ign Inc. Inc. ~o TOTAL $ 36,415.00 $ 41,130.00 $ 49,340.00 ~EA'S 1. 2 tI. 3 IAooITIOiAL lr.O<K (IF HEEDED); .35 .50 5.00 13.a SID REPU'CEMEHT (sq. ft. price) b. PLAliT & TREE IHSTALLATIOi 20.00 15.00 50.00 (labor per hour/per man) c. FERTILIZIHG 20.00 15.00 20.00 (labor per hour/per man) d. ADOITIOiAL PEST cnf~L 100.00 80.00 175.00 (per 50 gal appl ication ) ADOITlOiAL PEST ro;~L 100.00 52.00 40.00 (per 50 lb. application) e. fIRE ANT cnf~L 20.00 15.00 15.00 (labor per hour /per man) cn+tEHTS/EXCEPTlOiS .0 . ~ 4 . ' , ..., CITY OF OELRAV B80i TP8JLATIO<! OF BIDS BID . 93-06 ~OSCAPE MAIHTENAHCE HOVEl'ElER 13. 1992 1-95 IHTER:HAHGES First Genesis James Maintenance Tony Scott ITEM EST j Lawn Service Inc. Complete Lawn . QTY DESCRIPTIO<! ~EA U - 1-95 IHTER:HAHGE AT WEST AT~TIC AVENUE 90.00 / 3870.00 100.00 / 4300.00 1.0 43 II'OtIIHG 60.00 / 2580.00 - 2.0 TRII't'IIHG & EDGIHG 30.00 / 1290.00 35.00 / 1505.00 35.00 / 1505.00 a. 43 jLIHE TRII't'IIHG I 30.00 / 660.00 30.00 / 660.00 30.00 / 660.00 b. 22 EDGIHG 3.0 22 WEED CQoITROL 60.00 / 1320.00 45.00 / 990.00 45.00 / 990.00 4.0 PRl.tI IHG 30.00 / 360.00 45.00 / 540.00 50.00 / 600.00 a. 12 ! SHRlBS , b. 12 TREES & PAU1S 30.00 / 360.00 30.00 / 360.00 30.00 / 360.00 c. 6 ~ENT TREES 30.00 / 180.00 35.00 / 210.00 35.00 / 210.00 1 5.0 43 LITTER CQoITROL 15.00 / 645.00 10.00 / 430.00 15.00 / 645.00 , 6.p ;22 IRRlGATIO<! 15.00 / 330.00 10.00 / 220.00 10.00 / 220.00 (IHSPECTIO<!S W/CITY) 7.0 OIEMlCAL fli'PLICATIO<!S a.: 2 i TlRF IHSECTIClDE 60.00 / 120.00 95.00 / 190.00 220.00 / 440.00 b.! n/a SHRUB IHSECTICIDE c. I n/a FIRE AHT CQoITROL d. : n/a DlEASE CQoITROL ! ! 20.00 / 40.00 80.00 / 160.00 e., 2 TlRF FERT. -eAHIA 125.00 / 250.00 T I 25.00 / 25.00 75.00 / 75.00 f. ! 1 ,TlRF FERT. - ST. ~IHE 75.00 / 75.00 9. I 2 ST. ~IHE WEED & FEED 30.00 / 60.00 80.00 / 160.00 80.00 / 160.00 I i i S1. PLGJSTIHE IHSECT IFERT cae. 38.00 / 38.00 75.00 / 75.00 80.00 / 80.00 h. I 1 ! li.j2 SHADE TREE FERTILIZTIO<! 140.00 / 280.00 75.00 / 150.00 125.00 / 250.00 I . j. T 4 PALM TREE FERTILIZATIO<! 100.00 / 400.00 60.00 / 240.00 ! 100.00 / 400.00 ! I I I 115.00 / 345.00 j I k. 3 SHAlE FERTILIZATIO<! 60.00 / 180.00 75.00 / 225.00 1 . ' , . CITY OF OElRAY BEFCH T~TIl>l OF BIOS BID . 93-06 Ultfl:lSOlPE W\IHTEH~E HOV8'I3ER 13. 1992 I -95 IHTE:Rl::li~GES , j Luis Cintron's Custom Care Nace Landscape i ITEM EST Lawn Service Inc Building Services & Design Inc. . . QTY OESCRIPTIl>l MEA U 1-95 IHTERCHPi'fGE AT WEST ATLANTIC AVEHUE 1. 0 43 II'Do/IHG 113.00 / 4859.00 110.00 / 4730.00 125.00 / 5375.00 2.0 TRIMMIHG & EDGING 38.00 / 1634.00 75.00 / 3225.00 55.00 / 2365.00 a. 43 LIHE TRI/'I'IIHG b. Z2 EDGIHG 38.00 / 836.00. 69.00 / 1518.00 45.00 / 990.00 3.0 Z2 WEED COlTROL 52.00 / 1144~00 34.09 / 749.98 55.00 / 1210.00 4.0 PRlJ4 IHG 55.00 / 660.00 250.00 / 3000.00 85.00 / 102,0.00 a. 12 SHRBS b. 12 TREES & PAU1S 38.00 / 456.00 92.25 / 1107.00 55.00 / 660.00 c. 6 ~EHT TREES 43.00 / 258.00 33.34 / 200.04 50.00 / 300.00 , 5.0 143 LITTER COlTROL 28.00 / 1204.00 8.52 / 366.36 25.00 / 1075.00 6.0 1Z2 I~UGATIctI 22.00 / 484.00 68.19 / 1500.18 40.00 / 880.00 (IHSPECTIC14S W/CITV) I 7.0! OiE11ICAL APPLlCATIctlS 113.00 / 226.00 384.00 / 768.00 300.00 .; 600.00 a. I 2 11\.RF INSECTICIDE b. n/a SHR.e IHSa:TICIDE c. n/a FIRE ~T COlTROL d. n/a DIEASE COlTRlL .. ,2 1\.RF FERT. -Ql!lliIA 92.00 / 184.00 304.00 / 608.00 175.00 / 350.00 f. I 1 11\.RF FERT. - ST. ALOJSTIHE 77 . 00 / 77~ 00 23.00 / 23.00 75.00 / 75.00 1 9. 2 ST. F03.JSTIHE WEED & FEED 88.00 / 176.00 70.00 / 140.00 100.00 / 200.00 h. 1 ST. F03.JSTIHE IHSECT /FERT CO'El. 92.00 / 92.00 100.00 / 100.00 100.00 / 100.00 ; i. 2 SHroE TREE FERTILIZTIl>l 88.00 / 176.00 90.00 / 180.00 50.00 I 100.00 . j. 4 PALM TREE FERTILIZATIOI 67.00 / 268.00 I 144.00 / 576.00 60.00 I 240.00 i I SHRlI3 FERTI LIZA TIctI I 1100.00 I 300.00 i k. 3 66.00 I 198.00 I 72.00 I 216.00 l(a) . ' . . . TPEULATICIof OF BIOSCDlT... MEA n CDlT... : ! First Genesis James Maintenance Tony Scott ITEI'II EST .1 Lawn Service Inc. Complete Lawn . QTY. I DESCRIPTIO! I 8.0 3 I'lJLCH 400.00 / 1200.00 400.00 / 1200.00 400.00 / 1200.00 TOTAL BID PRICE MEA t1 $10,233.00 $ 11,215.00 $12,570.00 ~ITICIofAL I<<:'A< (IF HEEDED) 13.a SCD REPUCEMEHT .30 (sq. ft. price) 1.25 .50 b. PLANT & TREE IHSTALLATICtI (labor pel' houl'/pel' man) 20.00 12.00 12.00 c. FERTILIZIHG (labol' pel' houl' /pel' man) 15.00 12.00 12.00 d. ~ITICNAL PEST CDlTROL (pel' SO gal application) 75.00 50.00 50.00 ~ITICNAL PEST CDlllU.. (pel' SO lb. application) 32.00 35.00 35.00 . E!. FIRE AHT CDlTROl i (labor pel' houl' / pel' man) ! 15.00 12.00 12.00 j , I . 2 ., . TAElULATIGl OF BIDS COlT... AREA tl COlT... I Luis Cintron's Custom Care Nace Landscape ITEM EST. Lawn Service Inc. Building Services & Design Inc. . QlY. DESCRIPTlGl I 550.00 / 1650.00 548.00 /1644.00 600.00 / 1800.00 8.0 3 I1JI..Oi TOTAL BID PRICE MEAU $14,582.00 $20,651.56 $ 17,640.00 ~IT1GlAL to<<R<. (IF HEEDED) 13.a SID REPUlCEJoIEHT .36 .20 .45 (sq. ft. price) b. PUV<lT & TREE IHSTALLATICIt (labor per hou r / per 1Ian) 13.00 24.75 18.00 c. FERTILIZIHG f (labor per hour/per 1Ian) 13 . 00 20.75 18.00 d. ~IT1C1iAl... PEST COlTRlL (per SO gal application) 60.00 75.00 70.00 ~ITIGlAL PEST CDlTFO.. (per SO lb. application) 60.00 35.00 75.00 e. FIRE ANT CXJi1'R)l (labor per hour/per ~) 15.00 35.00 18.00 ! i . 2(a) , ' , . TAl3ULATICII OF BIOS CDfT.... I First Genesis James Maintenance Tony Scott ITEM EST Lawn Service Inc. Complete Lawn I QTY OESCRIPTICII AREA 12 - 1-95 IHTER:HPHGE AT LIHTCII BLVD. . I 60.00 / 2580.00 80.00 / 3440.00 100.00 / 4300.00 1. 0 . 43 /'OIIIHG 2.0 i TRII11IHG & EDGIHG 30.00 / 1290.00 30.00 / 1290.00 35.00 / 1505.00 a.!43 LIHE TRII11IHG b. 22 EDGING 30.00 / 660.00 25.00 / 550.00 30.00 / 600.00 3.0 i22 WEED CDfm:x.. 60.00 / 1320.00 45.00 / 990.00 45.00 / 990.00 I 14.0 I ~IHG 30.00 / 360.00 50.00 / 600.00 50.00 / 600.00 a. 112 SHRlBS I b.112 TREES & PAU1S 30.00 / 360.00 30.00 / 360.00 30.00 / 360.00 , . c.! 6 ACCatT TREES 30.00 / 180.00 35.00 / 210.00 35.00 / 210.00 i I 5.0 143 LITTER CCttTROL 15.00 / 645.00 10.00 / 430.00 15.00 / 645.00 6.0:22 IRRlGATICII 15.00 / 330.00 10.00 / 220.00 10.00 / 220.00 I (IHSPECTICIIS W/CITY) I I 17.0! rEJ1ICAL ~LICATIOiS ! 60.00 / 120.00 90.00 / 180.00 220.00 / 440.00 I ! a.: 2 T\.RF IHSECTICIDE i I ii, I I b.; n/a SHRU3 IHSECTICIDE I I c.: n/a FIRE ANT CCttm:x.. I I d.: n/a OIEASE CCttm:x.. I ! eo! 2 I T\.RF FERT. -aAHIA 20.00 / 40.00 80.00 / 160.00 125.00 / 250.00 I f -I 1 ' T\.RF FERT. - ST. PUlJSTIHE 25.00 / 25.00 70.00 / 70.00 75.00 / 75.00 I I 9.! 2 ST.PUlJSTIHEWEm&FEm 30.00/60.00 80.00/160.00 80.00/160.00 1 I , h.! 1 ST. PUlJSTIHE IHSECT/FERT aI'B. 38.00 /38.00 80.00 / 80.00 80.00 / 80.00 i , I i.; 2 SHADE TREE FERTILIZTlOi 120.00 / 240.00 80.00 / 160.00 80.00 / 160.00 I j.l 4 PAU1 TRE': FERTILIZATIOi j 92.00 / 368.00 80.00 / 320.00 80.00 / 320.00 k.13 SHRU3 FERTILIZATIOi I 100.00 / 300.00 80.00 / 240.00 180.00 / 240.00 I I I I 3 " , . TPBULATIOO OF BIDS COiT.... Luis Cintron's Custom Care Nace Landscape ITEM EST I Lawn Service Inc. Building Service & Design Inc. . QTV OESCRIPTIOO MEA n - 1-95 IHT~E AT LIHTCtt BLW. 125.00 / 5375.00 I 113.00 / 4859.00 110.00 / 4730.00 1.0 i43 I I'OIIHG I 2.0 TRI.....IHG & EDGING 36.00 / 1548.00 75.00 / 3225.00 55.00 / 2365.00 a. 43 LINE TRI.....IHG b. 22 EDGiHG 36.00 / 792.00 69.00 / 1518.00 45.00 / 990.00 3.0 122 WEED CGI~ 49.00 / 1078.00 34.09 / 749.98 55.00 / 1210.00 4.0 ~IHG 55.00 / 660.00 250.00 / 3000.00 85.00 / 1020.00 a. 12 SHRSS b. 12 TREES & PAU1S 32.00 / 384.00 92.25 / 1107.00 55.00 / 660.0-0 c. 6 ACCEHT TREES I 38.00 / 228.00 33.34 / 200.04 50.00 I 300.00 ! I 5.0 43 LITTER CCtnROL i 28.00 / 1204.00 8.52 / 366.36 25.00 / 1075.00 , \ 6.0 22 IRRIGATlOO I 68.19 / 1500.18 40.00 I 880.00 I 13.00 I 286.00 (IHSPECTIOOS W/CIlY) I 7.0 1 rEHICAL ~ICArIOOS ! a.l:2 nRF IHsa:TICIDE ; 128.00 I 256.00 192.00 I 384.00 300.00 I 600.00 I . b.! nfa SHRUB INSECTICIDE j , I I c.l n/a FIRE PHT CGlTROL I d. I nfa DIEASE COi1R:lL I 1 2 I nRF FERT. -EWiIA I 171.00 I 342.00 175.00 / 350.00 e. ! 88.00 /176.00 f. 1 n..m: FERT. - ST. Pt.GJSTIHE I 78. 00 / 78. 00 No Bid 75.00 / 75.00 I I I 2 ST. FU1lSTIHE WEED . FEED t ! No Bid 100.00 / 200.00 ! 9. 1 92.00 I 184.00 I h.. 1 ST. Al..G.JSTINE IHSa:T/FERT CQoe. I , No Bid HlO.OO I 100.00 I ! 88.00 / 88.00 \ I I ! i.l 2 SHroE TREE FERTILIZTIOO ! 88.00 / 176.00 162.00 / 324.00 50.00 / 100.00 : j. i 4 PALM TREE FERTILIZATIOO , 240.00 / 960.00 60.00 I 240.00 I i : 88.00 I 352.00 i I k.l 3 . ! SH~ fERTILIZATIOO 54.00 / 162.00 100.00 I 300.00 : . 82.00 / 246.00 I 3{a) , ' TPB.JLATICJoI OF BIDS cCln... MEA t2 can... First Genesis James Maintenance Tony Scott ITEI'I! EST. Lawn Service Inc. Complete Lawn . IQTY. DESCRIPTICJoI 8.0 3 I"I.Jl.Di 400.00 / 1200.00 400.00 / 1200.00 400.00 / 1200.00 TOTAl: BID PRICE MEA t2 $ 10 . 116 . 00 $10.660.00 $12,355.00 rooITICtlAL ~ (If HEEDED) 13.a saJ REPlFCEI'IEHT 1. 25 .50 .30 (sq. ft. price) b PLHfT & TREE IHSTALLATICJoI 20.00 12.00 12.00 (labor per hour/per man) , c. FERTILIZING 15.00 (labor per hour/per man) 12.00 12.00 d. AOOITICJoIAL PEST CCtfTROl. (per 50 gal applicaticn) 75.00 50.00 50.00 AOOITICtlAL PEST CCtfTRDL (per 50 lb. applicaticn) 32.00 35.00 35.00 I e.' FIRE AHT CCtfTROL I !(labor per ~r/per man) t 15.00 12.00 12.00 I I I t . 4 ., I TAaJlATI()oI OF BIDS can... ~EA .:2 can. . . \ Luis Cintron's Custom Care Nace Landscape ITEMI EST. Lawn Service Inc. Building Services & Design Inc. I . iQTY. DESOUPTI()oI 8.0 3 I'lJl.CH 513.00 / 1539.00 548.00 / 1644.00 600.00 / 1800.00 TOTAL BID PRICE ~t2 $14,134.00 $20,212.56 $17,640.00 ADDITIONAL woRK (IF HEEDED) 13._ sc.o REPUlCEMEHT (sq. ft. price) .38 .20 .45 b PlAIH & TREE IHSTALLATICIt (labor per t-c.ur /per. ~) 13.00 24.75 18.00 c. FERTILIZIHG ; (labor per t-c.ur /per lUll) 13 . 00 20.75 18.00 I d. ADDITIONAL PEST CDfTFU. i (per SO gal aP9lica.tial) 67.00 75.00 70.00 ! ADDITIOHAL PEST CDfTFU. ! (per SO lb. _P9lica.tial) 67.00 35.00 75.00 I j r .. FIRE AHT CDfTR)L I , (labor per t-c.ur /per man) 13.00 35.00 18.00 , , I I I I I ; - 4(a) , ' I Tj:lBJLATIctt OF BIOS con.... First Genesis James Maintenance Tony Scott ITEM EST. Lawn Service Inc. Complete Lawn . QTY. DESCRIPTIctt ~EA .3 - EAST LINTCJol BL'v'D. FRCI'I 1-95 TO A-l-A 1.0 43 I'DrIING 45.00 I 1935.00 60.00 I 2580.00 70.00 I 3010.00 2.0 TRIMMING & EDGING a. 43 LIHE TRIMMIHG 30.00 I 1290.00 40.00 / 1720.00 50.00 / 2150.00 b. 22 EDGING 30.00 / 660.00 40.00 / 880.00 45.00 / 990.00 3.0 22 WEED C()o(TRQL 45.00 I 990.00 80.00 / 1760.00 80.00 / 1760.00 4.0 PRUfIHG 60.00 / 720.00 70.00 I 840.00 75.00 / 900.00 a. 12 SHRI.BS i ; -+ i TREES & PAlMS 30.00 / 360.00 80.00 I 960.00 85.00 I 1020.00 , b. 12 , . t c. 6 PCCEHT lREES 30.00 / 180.00 50.00 / 300.00 50.00 / 300.00 r .~ I LITTER C()o(TROL 15.00 / 645.00 8.00 / 344.00 15.00 / 645.00 i 5.0 43 I , I 6.0 22 IRRIGATIctt 15.00 / 330.00 5 . 00 / 11 0 . 00 10.00 / 220.00 j (IHSPECTICtIS W/CITY) 7.0 OiEJ'lICAL ~LICATIcttS 60.00 / 120.00 75.00 / 150.00 220.00 / 440.00 I a. 2 TURF INSECTICIDE i b. n/a SHRUB INSECTICIDE c. n/a FIRE PNT C()o(TRJL d. n/a DIEASE C()o(TR)L e. 2 TURF FERT. -Bf:lHIA 20.00 I 40.00 50.00 / 100.00 50.00 / 100.00 f. 1 TURF FERT. - ST. ALOJSTIHE 25.00 I 25.00 50.00 / 50.00 75.00 / 75.00 9. 2 ST. IULlSTIHE WEED & FEED 90.00 / 180.00 50.00 /100.00 75.00 I 150.00 I h. 1 ST. Al.nJSTIHE INSECT IFERT cae. 90.00 / 90.00 50.00 I 50.00 50.00 I 50.00 j I I i I i. 2 SHflOE lREE FERTILIZTIctt 20.00 / 40.00 100.00 / 200.00 120.00 / 240.00 _-1. I ! ! 80.00 I 320.00 i j. 4 PAlJ'l TREE FERTILIZATIctt 34.00 / 136.00 80.00 I 320.00 , I I - . -- ! I k. 3 SHRUB FERTILIZATIctt 80.00 / 240.00 I 120.00 / 360.00 I 120.00 / 360.00 , 5 " I TF8JLATIctl OF BIDS CCtn.... I Luis Cintron's Custom Care Nace Landscape Lawn Service Inc. Building Services & Design Inc. ITEM EST. . QTY. OESCRIPTIctl MEA .3 - EAST LIHTctl BLVD. fRCI'l I-9S TO A-l-A /'OIIIHG 88.00 / 3784.00 50.00 / 2150.00 75.00 / 3225.00 1. 0 43 2.0 TRII1"\IHG & EIXiIHG 30.00 / 1290.00 40.00 I 1720.00 a. 43 LIHE TRI""'IHG 55.00 / 2365.00 b. 22 EOOIHG 48.00 / 1056.00 16.00 I 352.00 40.00 / 880.00 3.0 22 WEED cctlTROl. 88.00 I 1936.00 29.92 I 658.24 85.00 I 1870.00 4.0 ~IHG 105.50 I 1266.00 135.00 I 1620.00 a. 12 SHRlBS 77 .00 I 924.00 b. 12 TREES & PAl.MS 88.00 / 1056.00 41.67 / 500.04 75.00 / 900~00 c. 6 ACCEHT TREES 55.00 I 330.00 No Bid 45.00 I 270.00 S.O 43 LITTER cctlTROL 28.00 / 1204.00 8.52 / 366.36 25.00 / 1075.00 6.0 22 IRRIGATICI1 22.00 I 484.00 34.62 I 761.64 40.00 I 880.00 (IHSPECTICI1S W/CITV) 7.0 OfEMICAL APPLICATIQ<4S 113.00 I 226.00 32.00 / 64.00 75.00 / 150.00 4. 2 nRF IHSECTICIO€ b. nfa SHRUB IHSECTICIOE c. nfa FIRE FfCT cctlTRJL d. nfa DIEASE can'FDL. e. 2 T\.RF FERT. ...flAHIA 77.00 / 154.00 No Bid 70.00 / 140.00 f. 1 T\.RF FERT. - ST. ~TIHE 77 . 00 / 77. 00 I 23.00 I 23.00 40.00 I 40.00 I 2 ST. PLBJSTIHE WEED & FEED 77 .00 I 154.00 35.00 I 70.00 100.00 I 200.00 I 9. I , I h. 1 ST. PLBJSTIHE IHSl:CT/FERT CCJt3. 67.00 I 67.00 50.00 I 50.00 I 100.00 / 100.00 , I I j I I ; I I i. 2 SHPOE TREE FERTILIZTICI1 132.00 / 264.00 L 18.00 I 36.00 75.00 I 150.00 I I ! 85.00 I 340.00 , . I j. 4 PALM TREE FERTILIZATICI1 88.00 I 352.00 ; 48.00 I 192.00 ; I . i i I I ; k. 3 SHRLeFERTILIZATIQ<4 ; 125.00 / 275.00 135.00 / 405.00 . 54.00 / 162.00 I 5(a) ,. I T~LATICIi OF BIDS con... MEA t3 COlT... First Genesis : James Maintenance Tony Scott ITEM EST. Lawn Service Inc. Complete Lawn t QTY. DESCRIPTICIi 8.0 3 I'lJLOt 120.00 / 360.00 450.00 / 1350.00 600.00 / 1800.00 TOTAL BID PRICE MEA .3 $ 8,341. 00 $ 12,174,00' $14,530.00 /=CJOITICIiAL w:R<. (IF HEEDED) 13.a SID REPUlCEMEHT 1.25 .50 .30 (sq. ft. price) b PlANT 8. TREE IHSTALLATICIi (labor per tnJr/per man) 20.00 12.00 12.00 c FERTILIZIHG , (labor per tnJr /per man) 15.00 12.00 12.00 d. /=CJOITICliAL PEST CCtlTRll. (per 50 gal applicatiO"l) 75.00 50.00 50.00 /=CJOITICIiAl. PEST CCtlTRJl. (per 50 lb. applicatiO"l) 32.00 35.00 35.00 e. FIRE ~T CCJ(TRJl. /(labor per tnJr/per man) 15.00 12.00 12.00 ~o TOTAL MEA"S 1. 2 8. :3 $28.690.00 $ 34.049.00 $ 39.455.00 CXl'I1EHTS/EXCEPTICliS . 6 I I I j I ! , ' . TABULATIo-l OF BIDS COiT... MEA .3 COOT... I ITEJ'l EST- Luis Cintron's ! Custom Care Nace Landscape Lawn Service Inc Building Services & Design Inc. . QTY. DESCRIPTICH 8.0 , 3 I'fJLOt 732.00 / 2196.00 183.35 I 550.05 750.00 / 2250.00 TOTAL BID PRICE MEA .3 $17,034.00 $8,491.33 $ 16,185.00 roDITI~L w:R<. (IF HEEDED) 13.a SID REPUlCEJ'lEHT .48 .20 .45 (sq. ft. price) b P~T 8. TREE IHSTALLATIo-l (b.bor per hour/per man) ! 13.00 24.75 18.00 c FERTILIZIHG 13. 00 i (labor per hour/per 1IlaIl) 20.75 18.00 d ADJITIo-lAL PEST CDfTRlt. (per 50 gal appl ication ) 66.00 75.00 70.00 roDITICHAL PEST calTRJL 35.00 75.00 (per 50 lb. application) 66.00 e. FIRE j:lHT calTROl 35.00 18.00 ; (labor per hour/per man) 18.00 I ~O TOTAL MEA'S 1. 2 8. 3 1$ 45,750.00 $ 49,355.45 $ 51,465.00 CO'I'1EHTS/E>O:EPTICHS - I i , I I , I 6(a) I , I I I I : I ! , I , QOOOO n ~ n n n-- r ~ 0 Z O. 0 m~~~~ ~ ~ ~ ~ ~zz m 0 ~ 0 ~ ~ ~~~~~ ~ ~ ~ ~ ~~~ ~ ~ ~ ~ ~ ~ >>~>>~ 0 ~~m.. ~ 0 ~ ~ ~~~~~ m ~ >>n ~~>> z ~ ~ ~ ~ m---- ~ m < ~ ~3~ 0 0 - ~ - - ~ZZZZ ~ 0 >>~ mm m z Z ~ Z Z <~~~~ ~ _ ~ ~z = 1 ~ ~ ~ m _ Z Z r < ~~- ~ ~ ~ M=~m~ M m ~ 0 ~~~ ~ ~ - m ~ m~~~~ m E ~ ~ ~ ~m~~~~ ~~~__~~ oc~ 2~~~ _mmmm C ~ m ~ ~OQ_m ~=ZZZ- ~~m _~om ~~~~~ ~ g , ~ ~ ~b~~~~ ~~~~~~~ ~~~ ~~~~ mmmmm % ~ m ~ ~ ~~ _m~ ~~m~~Z< m~m ~~ m ~~~~~ z _ n m~~~Mm ~~~mmnm n ~ rcn~ ~-__m ~ ~ 0 g S -~~~~~ ~~OO~~Z~ ~~ ~~g ~~~~~ C ~ ~ < ~ ZZ~ ~~ ~OOzm_~~ ~~ ~~~ o="~m Q _ m ~ z- 0 0- _Z~ 0>> 0 m zmmmz m n < ~ OQ~ Z ~Z_~M~_ Z~ C r>>~~~ ~ m m ~ ~~~ Z ~ OMOOm 0 - ~ ~ ~~~~m ~ ~ ~ xmr m CZ3M~ ~ Z m ~mm~ ~ ~ _ ~~~~~ ~ m m _ooc ~ =~ -m mm ~ ~ ~ m ~ - 0% ~ m m~~z ~ _ Z ~~ ~ ~ _~<<M < Z ~ m ~ ...0::1:1- n 0 c.nz m ~~_~m M - 3 - m Z ~~N~~ m ~ m m IQ~~~ ~ _ m _ 0_ _ m ,.-. _ :z c.n ~OOOO _ r n ~OO~ ~ 0 0 U QO~ ~ ~ 3 ...... 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" MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM i q ~ - MEETING OF FEBRUARY 9. 1993 GOLF COURSE CLUBHOUSE DATE: February 5, 1993 I have provided for your information a revised cash flow forecast for the proposed clubhouse improvements at the Golf Course. Since the financing for the $3.2 million is tight, we need to be especially careful about additional costs which may not be included in the $3.2 million. Attached is a list from Brahm Dubin of such costs. We understand now that the kitchen equipment has been added to the basic project. However, that still leaves at least $100,000 in additional equipment costs. Also attached is a calculation from the Building Official of all the permit fees which total $51,918.95. At the time the agenda was completed staff was still addressing this project. Additional information will be provided to you prior to Tuesday evening's meeting. , . \ AS JAN 2 6 ff5t Managed by Dubin & Associates Inc. DONALD ROSS, 1923 January 21, 1993 DELRAY BEACH GOLF CLUB CLUBHOUSE Estimated Cost Telephone Equipment (use existing phones) $ 0 China Glass Silverware (400 capacity) $ 75,000 Pots/Pans Kitchen Equipment including Walk-in Cooler/Freezer Less Trade-in $ 150,000 Signage $ 5,000 . . Registers $ 5,000 Muzac $ 4,000 Draft Beverages $ 5,000 P.A. System $ 5,000 Bulletin Boards $ 1 ,000 Contingency 10% $ 25,000. $ 275,000 2200 Highland Avenue. Defray Beach, Florida 33445 . (407) 243-7385 . ' /- - ~ '. - ~L')tr G . ~~-;Jf~\ ,( . , I 0l//1'I:3 I MEMORANDUM f . ~ .. .r_. _. .. ~ - "'. , I:""'" _~.'...__ -, - JAN 2 9 1993 TO: Mr. David Harden, City Manager Cli (MM'flr.r- '\ (, THRU: Lula Butler, Director, Community Improvement ~ FROM: Jerome Sanzone, Chief Building Official ~_ SUBJECT: PROPOSED BUILDING/IMPACT FEES FOR THE EW GOLF COURSE CLUB HOUSE DATE: January 28, 1993 The proposed building and impact fee schedule for the new Golf Course Club House is as follows: 1. Building Permit Fee - Based on 21,000 sq. ft. x $125.00 per sq. ft. means 21,000 sq. ft. x $125.00 = $2,625,000 FEE $33,362.90 2. Road Impact Fee - Based on sq. ft. increase of dining, meetings, etc. over existing facility using Quality Restaurant catagory. ($4,511.84 per 1000 sq. ft) Est. 4000 sq. ft. increase x $4,511.84 per 1000 sq. ft. FEE $18,047.37 3. Aggregate Fees at Commercial Rate - Law Enforcement $10.01 per 1000 sq. ft. x 4 FEE $ 40.04 Public Buildings $117.16 per 1000 sq. ft. x 4 FEE $ 468.64 TOTAL $51,918.95 JS/dc Disk:JS#5 File:DBGC.ch ., ' . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f~l- i L SUBJECT: AGENDA ITEM i 9H - MEETING OF FEBRUARY 9. 1993 LETTER TO PALM BEACH COUNTY SCHOOL BOARD DATE: February 5, 1993 This item is on the agenda at the request of Dr. Alperin and is a request for authorization to forward a letter to the Palm Beach County School Board with regard to Elementary School "S" . The proposed letter addresses the apparent lack of progress being made in acquiring and building the elementary school. Recommend authorization to forward a letter to the Palm Beach County School Board with regard to Elementary School "S". ~fUCKwf: 5-() , , ~1t'-a}a ~ U-lO , L--- f-/-.. [ITY DF DELRAY BEA[H ;00 .\~\'. I.~ ':"j~'~L)E .;i::.L<,J.. '. L';~.'::""C~"" ~- ~_'___;I;' !':Jt".o. :3444 -l{) '. February 5, 1993 Mrs. Gail T. Bjork, Chairman Palm Beach County School Board 3340 Forest Hill Boulevard .West Palm Beach, Florida 33406 Dear Mrs. Bjork: The Delray Beach City Commission and citizens are very disturbed by the apparent lack of progress in acquiring and building Elementary School "S." On March 4, 1992, the City of Delray Beach, Florida and the School Board of Palm Beach County entered into an agreement for the purpose of constructing Elementary School "S" withi n an area identified as, land south of Li nton Boulevard and east of Military Trail. It was also agreed that the School Board would complete construction of the school for occupancy during the '94/'95 school year. This agreement was entered into as a result of the recommendations contained in the Consensus Statement developed by the Joint Task Force and adopted by both our Boards in November, 1989. The recommendation for the location of Elementary School Site "S" in the Linton Boulevard/Military Tra i1 quadrant wa s again supported by the Joi nt Task Force on June 22, 1992. The City is ready and willing to fulfill its obligations under the terms of our agreement. We are very disheartened, however, at the apparent lack of commitment to complete negotiations for acquisition or condemnation, if necessary, to obtain the site for School "$" as agreed to. . , Mrs. Gail T. Bjork, Chairman Palm Beach County School Board Page 2 We ask that the School Board reaffirm its commitment to the March 4, 1992, agreement and provide us with a status on site acquisitions and construction of Elementary School "S." We are approaching a time when it will not be poss i b 1 e to have Elementary School "S" ready for occupancy in the 194/'95 school year. Sincerely, cc: Oelray Beach Education Board Members City Commissioners Or. C. Monica Uhlhorn, Superintendent TEL:rab:kwg , ' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERt?' ! SUBJECT: AGENDA ITEM i 9:r. - MEETING OF FEBRUARY 9. 1993 CHANGE ORDER NO. 6/MOLLOY BROTHERS. INC. DATE: February 5, 1993 This is a change order in the amount of $18,661 to the contract with Molloy Brothers, Inc. for the installation of a four inch bypass piping/meter/check valve at the 10 inch meter vault located at Military Trail and Lakefront Boulevard. This work is necessary in order to regulate the flow and pressure of water to the High Point area based on demand. It will also enable the City to more accurately measure and account water usage for billing purposes. This project is being done by change order because Molloy Brothers submitted the lowest of four quotes obtained for this work. Recommend approval of Change Order No. 6 in the amount of $18,661 to the contract with Molloy Brothers, Inc. , with funding from Water and Sewer Renewal and Replacement - Water Meter Replacement Program (Account No. 442-5178-536-61.81). 1 ' - ,... , J-D JOHNSON.DAVIS INC. HEAVY CONSTRUCTION ~ft'~to.,>c; UNtlERGROUNtll1TlllTfES 604 HllLBRATH ORlve I.ANTANA. FLORIOA, 33462 4CT.S88-1170 February 1, 1993 Mr. George Abou-Jaoude City of Delray Beach Environmental Services 434 S. Swinton Avenue ne1ray Beach, Plorida 33444 RE: lO" WATER METER REPAIR AT HIGHPOINT OF DELRAY " Dear George: We respectfully submit the following proposal for your consideration. Our price is based on our field meeting last week and the sketch supplied by the City of Delray. Our lump sum price of $19,500.00 includes the following: - (2) 10 x 4 TV & TS -. (1) new meter vault for 4" meter - (1) 4" R.P.B.P. - 4" DIP and fittings - restraint of (2) 10" gate valves - installation of 10" pressure reg. valve and piping - installation of new 10" meter and piping - asphalt restoration - curb and gutter restoration - $500.00 landscape allowance . The City of Delray will supply the following:' - 10" meter assembly - 10" pressure reg. valve - 4" meter assembly If we may be of any further assistance, please contact our office. S~J/ > ~ ./ Ut;4/-f:? ~ 4. Robert E. Spink Vice President RES/pmc p , ' JAt~ 131 . 9.3 16137 OCE.HII BHV COriS Tille P. III '"I 01':1 Ocean Bay Construction, Inc. . 2200 N. W. 16TH STREET POMPANO BEACH, FLORIDA 33069 BROWARD: (305) 960.0130 February 1, 1993 Mr. Michael Offie City of Delray Beach 434 S. Swinton Ave. Delray Beach, Florida 33444 Re: By pass system north of Atlantic on Military Trail, opposite side of Post Office - High ~oint Development . - . Dear Mr. Offie: In reference to the above repair, the following price is hereby submitted: Tot:al Cost $24,500.00 Very truly yours, ~ {~if'g Ir. t'--/-i,.'y UJ Ronald E. Penta President WATER. SEWER. DRAINAGE. CONCRF.TE . GRADING. PAVING. PARKING. STREET. HIGHWAYS FEB-132-19'33 16: 113 FROM 9733060 TO 1..KI72437L160 P.02 , , ~ '" D ;IJ -.: r:: 0 -i ... ... 5 %-1 rr, c.., ..:0 ...' .... orn il :> ;IJ . 3: .., n ..... ,.. '" en " 0 t. [1', :!I -i f)'1 l~ ,., ~ ! ~ ~ ~ ~ ~ ", ""I n I:' ~ .... ;oJ O;-l [""' i-! ~ ,- ~ I:" ~ CO! "" ~ ... 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C"lC \,II '" t:- ..... .... 0 0 N .r.- l:- t~ 0% 0 0 .., \,II 0 0 rJ).... 0 8 0 0 0 0 -1-1 0 0 0 0 0 ~,. .... ... c..l n ao ~ ..... .go. .... 0 ;... . -;,. orn -..I ..,. ... 0 ..., lJlrJ) VI g 0 '" l/1 00 0 -I'; I:- 0 .,. 0 0 0 , 0 '=> 0 0 0 0 0 0 0 0 0 0 0 0 I.:l r:: D" z.... n -1% I:l ~ ....D r:, 1;1 -II ,."z ;:') :0 0 -< r:-i C' -I ~ r:" :n " ',1 f.of rn f.j; L" ITI I" c.., D ['T"j rl a C'):1 n"'l1 -~ -i . .... 0 c: 0'" 1]:1 -I lJlZ '"Z Z /.: Z. Z :t: -ID ? ::1 ? ? :.:' n 0 r 0 :u 3: .... " N I rn mt:Jo -I -ID 0 rn-ll]:l -I I r,;,m-< D .. .. .. r \ 1;;\ I , ' CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 6 PROJECT NO. 91-64 DATE: PROJECT TITLE: NW Drainage Outfall - NW 2nd st from NW 3rd Ave to E-4 Canal TO CONTRACTOR: Molloy Brothers, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Construct 4" bypass/meter/check valve at the 10" meter vault located at Military Tr and Lakefront Blvd (High Point of Delray). Work to be completed in accordance with attached schematic and per attached schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 778,075.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 523,009.69 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,301,084.69 COST OF CONSTRUCTION CHANGES THIS ORDER S 18,661.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,319,745.69 PER CENT INCREASE THIS CHANGE ORDER 4 % -- TOTAL PER CENT INCREASE TO DATE 70 % - - CONTRACT COMPLETION DATE REMAINS MARCH 5, 1992 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate for Molloy Brothers, Inc. TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Department 442-5178-536-61.81 in amount of $18,661.00 FUNDS BUDGETED CODE DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: ~!-!:3z~=i:- By: William H. Greenwood - Director Thomas E. Lynch, Mayor of Environmental Services ATTEST: APPROVED: By: City Attorney City Clerk _ - . . E' c. - '1 II ,-. P - 10 2 .'. .-, ,_ -=.. .... T H I I 1 1 : 4 :::= t., U L L U ',' . : ...... u . -' ,T H t.j I ... ~~ --;-'. .... ";' ~ '" ~" r- '0' t'V'q:; T tl'.l.. U;'\ L' LT' :-<l:p~l:,..~.s 1.J\ ADMINISTRATIVE 01 ICES . '. (;J07) aS5.&S9S - FAX ('II ) 857 '787 ... (to) hlf!", H ".~. \J .",:or' p.O.aOX590148 11114$ATElLlil f,:~'ll I![ .I', ORLANDO, FLORIDA 3:?B5S 0148 (IALANDO. FLOil'I.', l.'Ii.'; ,[ I1ISlAIBUTION CEN EAS I .. ,... t 1124 SATELl.lrE BLVD.. ORLANOO. FLOFlIOJl, 321121 (407) ~5s.e51lJ ~ AX (.107) 240.1901 COMPLETE UNE Of 2300 COUNTRY CLUB AD.. SANFORD, FLORIDA 32i'i" (40'1) 322.7e9!i l'.~;'; (407) 322.8233 WATER 8. SEWEll ,;lJPPl.lESI101 W. 11TH STREET, FHVIEAA BEACII. FlCHlllA 33404 (-l07) 048.439;1 r L. '0( /407) 64$.7267 6761 2CiTH COUAT. EAST, S.c.I1AS01A. FLORIDA ;.14243 (8131 7S6.6"6'. ~,\~ (/$13) 756.206b "SERVICE IS QUI-! MOST 16601 OLD U.S. 41, SOUTH rOAr MYERS. FlORIDA :1;:1912 (613) ~61.22u~ · '<ll. iil!:)) :!67-l54!> IMPOR1'AtH PRlilJUC'f" fs663 Plill.llPS HIGHWAV. JACI<SONVll.U::, HORIOA 32~,.1 (904) 262.2500' .,. ,'~(N) 268.4970 ___.. ___ ~<_ ___..........r.__.~_...~..~ .___.___-..___....... ...__ .po ..- ---_____ ......_____... 0;' __ -. ..._ .._.._.______ . .~.,',.._..__... ..____~__4 .,.._ _____ .-. . -.-__ .__ .....-_.__ _ _ .~___ -. _______. __ ...'.___. Or ... ..__..........._..__ .. _ _ .. ___ __..__ '" 'I. " ,- fy I,~ .,-/...., I Of' X 7/' Tee ~JI ti'l V.1-l:" tit: I J E"itl~rio1".1 /0'1 $Lci.-vr I j - "~\l,a.. C.OI"\'fo/.~~ I _...:__.---..... .... '0_.. _..... I I . -. '.- ~" -. ........... I ~. i"~')(I~T.;~, /0'1 &/.\./ ...", Ii, :;r"", ",..-,.,.;... &.:. '\ ~ II;) " /1",J.,.:A,.j>(")(" r .L", ,''v' I'C~' 1& r;..l ()<!"M " \ \ " z;, f7'I'/r'(.(... \ ~ ~:, . 10 r'i:.~l.",~ ~""1 U,...,I..J":- \ \ 4-~.f-........L-~/ I "-"v-..... '_ I ..,_ ... .,. L (~ '-,'-'. -rL I ........, =-- J-'~"i'-~ ~\.51I\tL I"r:/(.A,,~" ,ul'-l.l.. : '" . .,f ' ,. . {, .;i.k.-"- -- 10 j ~(;l(;> '- 'I) .. 5 ( . ~~ ~ i I ~ Kc:;t"'~~"'\l1'1 IJ~' P"v 1".1.."....'1 I / SfLjrJ"Y)t;r1"""'~'I': trH.LT~JG?1:J . .... I ~ ~ r......' (. ) TO Tc-f (:1311'\<...4... v..! ~./! ~ ~-t t /:) I Mf;;''l1;" ( , ,~ -\..._-_..~./\...,\ \ L = ~ \ j. . "-, ,1 'II'"' -..1 ! I "'-r--" .7rt>..,;., t (... j' ___-_.._........... ' _I ,.. .w I . ~ "I ,:..,~ :. 1, 'i' I: Ip..,p,-, it".....,.I.~..../ ~.()r.'~/,;/,f')...'r.. r....d : : · ~f-~ME)(\.Ti^j IO"t./v _ ~ / I I ;.... ,- . -\"1 l-. ....:. ' ." ... , - '& --.......---........--..--...- ...... , - I' I ~... ..... -1:'" ~ - - I \ I ~- rov-A. ~Ol/\C.~~'\~ q ...., , I: f.. ~ .\ ..L ,. -r" I l ..:- -- '~l', ~, ~--.)..~~~l,.L. 10 Yo', f"ll-"l't.(d..:/!; - ..,. - -. . .~... .j. _.~ J{" ' ~ .\,I - l. .. t' \.." ^.\ ,-..k.' Jr, ~I."C .~_._.__,., 1"_ ..J..\f~':;,,,\"....I..k... ""\ I~J,\P""~.';' ~.._,ilr(.I4...t""'" ....,., (O.1,jj \0'\0'\... VI, . ~.l(' "R17.olo"'f'(~"I\"1O ~~\.'\';' C'Vl~(.I~ L\.~~~I USG SOUTHEAST, A DIVISION OF CfTtT;\INTl:=F.D ( ')npORATION .--, Environmental Services Department City of Delray Beach Change Order #6 High Point Meter Revision Schedule "A" Project No. : 91-64 Project Hame: H.W. Area Drainage - OUtfall . Item Unit Contract Total Ho. Description Unit Price Qty -.----------..---.---.------..---.----------.----------.--------------.-------..----------.-------.--.---.. Make the necessary repairs and replacement of certain fittings at the 10" meter vault located at Military Tr and Lakefront Blvd in High Point. Delray Beach 1 Install 10" restraint system EA 51,250.00 2 52,500.00 2 Remove and dispose of existing 1011 Vault top EA 5200.00 1 5200.00 3 Remove existing 10" pipe thru vault EA 5475.00 1 $475.00 4 Install new 10" pipe thru vaul t EA 53,650.00 1 53,650.00 5 Install 3/411 rock base in vault EA 5250.00 1 5250.00 6 Install new 10" vault EA 51,850.00 1 51,850.00 7 Install 4" bypass including 4" double check valve EA 55,986.00 1 55,986.00 8 Install 4" meter vault EA 52,500.00 1 52,500.00 9 Restore site EA 5750.00 1 5750.00 10 Additional landscaping allowance EA 5500.00 1 5500.00 ---.-..--------- Net Add Change Order #5 518,661.00 ========..===.. Owner furnished materials: 1) New 10" meter 2) New 10" pressure regulator 3) New 4" meter Molloy Brothers to provide all other necessary labor, material and equipment to complete the work MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS 'i-c I FROM: CITY MANAGER i /l : SUBJECT: AGENDA ITEM # qJ* - MEETING OF FEBRUARY 9, 1993 APPOINTMENT OF AN ALTERNATE MEMBER TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION DATE: FEBRUARY 4, 1993 G. Robert Fellows, the alternate member on the Public Employees Relations Commission (PERC), passed away on January 16, 1993, creating a vacancy to a term ending April ll, 1994. Pursuant to Section 35.032 (A) (a) of the City's code, the alternate member will be a person who, on account of previous vocation, employment or affiliation, is not or has not been classified as representative of employers or of employees or employee organizations. The appointee need not be a resident of the City of Delray Beach. The following individuals have submitted their applications for your consideration: William Andrews Marta Dorfman Herbert Freese Murray Kalish Leo Kierstein Lorraine Kasper Harold Kirschner Rosalind Murray Deri Joy Ronis Milford Ross Virginia Cady Schmidt Pursuant to Commission direction, a check for code violations and property liens has been conducted. According to City records, none of the applicants has any outstanding violations. Based upon the rotation system, the appointment will be made by Commissioner Mouw (Seat #1). Recommend appointment of an alternate member to the Public Employees Relations Commission to fill an unexpired term ending April 11, 1994. . - r , '~)t/2a/93" 09:44 f!J4H7 243 3774- CITY/DEWY BCJI a~ CITY OF DELllAt BEAClI BOAlD MEMBER APPLICATION . , Willi3m Andrews NAME 801 P31m 'I'nil, 117; l)elrClY Beach, FL 33483 HOME ADDRESS (Streec. City, Zip Code> (LEGAL RESIDENCE) I17 N.~. 4th Street; D~lray Beach. FL 13444 .- - PRINCIPAL BUSINESS ADDRESS (Sereec, Ciey, Zip Code) HOME PHON! VI-ORIO BUSINESS PHON! 276- S823 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Publi c: Employ~es Rn lat iunli Conunhs iUII LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENtLy SEaVING OR KAVE PREVIOUSL'f SERVED (Ple... includ. dat..) City Co..tssion J/89-1~92 PlAnning and Z\,)IlJIl~ Buard ) 2/86 - ]/89; ! ' Univeristy of nodda, Ba~ln.lor of Veslgllf . EDUCATIONAL QUALIFICATIONS . LIST ANY RELATED FROFESSI0NAL CERTIFICATIONS AND LIClNS!S WHICH lOU HOLD ASID; LISCENSE NO. 0000305 , FROM DPR, FOR INTERIOR DESIGN GIVE YOUR PRESENT. 01 MOST RECENT EMPLOYER. AND POSItION rdnciple in Wlll1Cillll F, AndrE!ws, Gonlll@rci;tl Interior Om,tgn sillce lY70 DESCRIB! EXPEatEHCIS. SK1LLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVI ON THIS BOARD Cood int.rp.r.on~1 relationshipA PLtAS! ATTACH A BRIEr RESUMI. I HEREBY CERTllY TllAT ALL 'ml AlOV! STAT!K!NTS AJll nu E, A.KD 1 AGlI! AND UNDERSTAND THAT ANY MISSTATEMENT or MATERIAL ~ACTS CONTAINED IN THIS APPLICA- rION MAY CAUSE FORfEITURE UPON MY PAlT OF ANY APPOINTMENT I MAY RECEIV!. ~~~. a- . ~ 2-0~ \11'l~ SIGNATURE OAT! 4/90 , , -'''~ ....~._:. ~ -~~--- -- .~ , r ..r_ ...... . CITY or DELlAY BEACIf ""j~ ' .' .,.,.,i BOARD MEKBD APPLlCATIOS- I . a69 11~ . . NAME ///~1r4 (} 'I)~ h;.c ?~ / HOME ADDRESS (Street, City, Zip Code) ~LEGAL RESIDENCE) /4;?;; .:!J- it/", /-(. LI..l. ~ ;:r;...n-F & ;';~..;;7 .::5 y:, 6 PRINCIPAL BUSINESS AD RESS (Stre.t, City, Zip Co HOME PHONI J./p 7- ~ f'?-...3 ~~~ BUSINESS PHONI /Y / /J ON WHAT BOAlDS AU YOU INTERESTED IN SERVING ~ ~. ~~,f' c a~/ "-/'-'~-i jA a7-~' LIST ALL CITY BOAlDS ON WHICH YOU ARE Ct1RRENTLY SERVING Ot HAVE PREVIOUSLY SERVED (Plea.. include dace.) /2L.~----7 ~( '.- ~d-u.., rZ.i...a..::V /r;?R- I EDUCATIONAL QUAL lCATIO' c::i: . ,/',/ ~ ir . LIST ANY RELATED PROFESSIONAL CERTIFICAtIONS AND LICENSES WHICH YOU HOLD I~"~_~.J q '7 <1'/ 7 ~. ~ GIVE YOUR PRESENT, Oil MOST IICDT EMPL~, AND POSITION R~~r tB:f -.~C d DESCRIBE EXPERIENCES. SKILLS oa KNOWLEDGE WICH QUALIFY YOU to SERVI OM THIS BO~ '.4 ,."., ~"7 - -c:....L-9;:/' ~4 ~ ,&~ ~c.- ~ A/1 ~ ~ ~ ~ ~~ PLEASE AtTACH A BalD IlSUM11. ~f r y r /f</'o- /P7~ I HEREBY CERTIFY THAt ALL THE AlOVI STATEMENTS AU nUl. AND I AGUI AND UNDEll~TAND THAT ANY MISSTATEMD'r or MATERIAL FACTS CONTAINED 1M THIS APPLICA- TION MAY CAUSI FOU'IITUllE UPON MY PUT OF ANY APPOINnmfr I MAY RECEIVI. ~.u.4-l'~.. /~h- SIGNA DATE 4/90 -. -- , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # qK - MEETING OF FEBRUARY 9. 1993 I ' PROPOSED CHANGE OF THE COMMUNITY FACILITIES DISTRICT TO INSTITUTIONS. FACILITIES AND SERVICES DATE: February 5, 1993 This item is before you to consider a proposal to change the Community Facilities (CF) zone designation to the Institutions, Facilities and Services (IFS) zone district. I have some concerns with this proposal as the uses permitted are too dissimilar in nature to be grouped under one designation. To designate a park as an institution, facility or service does not accurately describe the use. It may be appropriate to retain the CF zoning and develop another category for those items which would be better regulated under the proposed IFS district. Recommend Commission direction with regard to the proposed change to the Community Facilities District to Institutions, Facilities and Services. C/17 ~C 0))1., 'YU'1ui~ (;( v<lijXl ~(Lft c!u;:u"G6 ('utlVllU_~[;) ('C7)iCWULd? & / vUC(),u.J,d~/) I /~aj5I rt Ivu/~ k~~ . - ~ , C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~D T. HARDEN, C~TY MANAGER "--~ ~~ FROM: DAVID J. KOVACS, DIREC~ DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF FEBRUARY 9, 1993 FIRST READING, ORDINANCE AMENDING LDRs BY CHANGING THE COMMUNITY FACILITIES (CF) DISTRICT TO THE INSTITUTIONS, FACILITIES, AND SERVICES (IFS) DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on firs treading, of an ordinance modifying the City's Land Development Regulations (LDRS). The amendment is that of making several changes to the existing Community Facilities Zone District, including its title and purpose. The changes encompass the entirety of Section 4.4.21, Section 4.6.4(E), and references throughout the LDR document. BACKGROUND: The initiative for creating this new zoning district came from the City Commission in the summer of 1991 following action on the "cruise boat" at Veteran's Park petition. During the intervening period, other problems in the application of the CF District occurred. The item before the City Commission addresses all of these items. The significant features of the change include: * Change in name; * Change in the "Purpose and Intent" statement; * Changing churches from a "conditional" to a "principal" use; * Making "development standards" permissive as opposed to mandatory; * Deletion of related provision under Section 4.6.4 Special District Boundary Treatment. Please.refer to the Planning and Zoning Board staff report for a more complete history, analysis, and description of the proposed changes. . , ~. . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT - MEETING OF: JANUARY 11, 1993 AGENDA ITEM: II.C.9 TEXT AMENDMENT, CHANGES TO SECTION 4.4.21, COMMUNITY FACILITIES ZONE DISTRICT. ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding several changes to the existing Community Facilities Zone District (Section 4.4.21) and related provisions found in Section 4.6.4(E). BACKGROUND: The Community Facilities (CF) Zone District was originally created in 1986. The idea for a CF District was raised in the 1985 Citizens Guide for the Land Use Element. It was later required as a condition for the City obtaining the County committment to locate the Courthouse along Atlantic Avenue. In October, 1990, there was a complete rewriting of the zoning code when the Land Development Regulations (LDRs) were prepared and adopted. At that time a few changes were made to the C.F. District. Otherwise, the District was essentially the same as it was in 1986. One of these was to include "private parking lots and garages" as a conditional use. At the same time of this inclusion, the same use was deleted from the multiple family zone districts. The intent was to require a rezoning consideration, as opposed to a conditional use consideration, when "off-site" parking was contemplated for eligible business uses. The "off-site" parking conditional use provision was first used when the Bermuda Inn (Ocean Boulevard) wanted to expand. While the request was denied, some concern was raised to the use of CF zoning for such a purpose. Again, when the seagate Beach Club wanted a remote parking lot - and used the CF provision, the concern was raised (the CF zoning request was denied) . When Brandy's Restaurant used CF zoning for adjacent site parking and the zoning also served as a buffer between CBD and residential zoning, the concept was better accepted. However, there were suggestions that the CF District should be given a second look. In the summer of 1991, a City initiated proposal was put forth to accommodate certain commercial activities within the CF District (as conditional uses) . While the Planning and Zoning Board gave qualified support to the request, it also directed that the CF District be reviewed and changes made. The City Commission denied the commercial activities proposal but did direct that the CF District be revisited. J1,f Cf CJ . PEliZ Staff Report Text Amendment, Changes to Section 4.4.21, Community Facilities Zone District Page 2 In July and August, 1991, the Board conducted a worksession and arrived at the following conclusions: a) the title should be changed with a focus on deleting reference to "community"; b) the purpose statement should be changed; c) there was not a need to create two different zone districts, one for "community" services and one for "facilities". In 1992 when the City processed development plans for Currie Commons Park, Veterans Park, and the Tennis Center problems were encountered with the perimeter landscape requirements. While the intent of the code, i.e. providing natural screening or open area between the use area and adjacent areas, was met; the letter of the code was not met. This commonly dealt with parking arrangements or the location of recreational facilities (as opposed to buildings) which encroached upon the landscape area which was required to be only at the perimeter of the site. Also, when the LDRs were adopted there was a stated intent that churches (single purpose buildings and campuses) should be zoned as such and not subject to continued review through the conditional use process (as they were when allowed under the residential zone districts) whenever modifications were contemplated. However, the LDRs did not accommodate this intent. This matter is being corrected in the proposed modification. ANALYSIS: The proposed changes to the text are, for the most part, self-explanatory. One change - from "Group Homes" to "Community Residential Facilities" is consistent with terminology under Florida Statutes. A future amendment to the LDRs will modify Section 4.3.(1) which provides the standards for "Group Home" I "Communi ty Residential Facility" siting. , P&Z Staff Report Text Amendment, Changes to Section 4.4.21, Community Facilities Zone District Page 3 ,-, RECOMMENDED ACTION: Review the proposed changes, make alterations as appropriate, and then forward the proposed changes to the City Commission with a recommendation of adoption and a finding that the proposed changes are not inconsistent with the Comprehensive Plan. Attachment: * Mark-up of Section 4.4.20 and Section 4.6.4(E). I DJK/T:PZCF.DOC Section 4.4.21 ~~~.~ttt ,~~tZttt~_ l~'l Jt_ttt~t, Institutions, Facilities, and Services (IFS) (A) Purpose and Intent: The <t is Jda'ud ~ It t r~tIllt.I~~ (<tr Institutions, Facilities, and Services (IFS) District is a special purpose zone district primarily, but not exclusively, intended for t~tIlltl~~ locations at which facilities are provided to wHItH serve public.L ~~Q! semi-public, and private purposes. It. I~ ~1;iS ~JSJSII~Q! t.iS t~t.I~t.~Q! JStiSJS~tt.I~~ ~.)S6~tt.~Q! t.iS ~ t.t~~;t~t iSt Q!~i~liSJSJd~Jlt. tItHt.~J Such purposes include governmental lf~~;, tHlfttH~~ religious, educational, health care, social service and special facilities. ~JlQ! IJl;t.It.lft.IiSJl~J It is also applied to regulated properties sub1ected to a transfer of development rights pursuant to Section 4.6.20.. The <tr IFS District is deemed compatible with all land use designations shown on the Future Land Use Map. (B) Principal Uses and Structures Allowed: The following types of use are allowed within the <tt IFS District as a permitted use: ( 1) Governmental.L t~tIllt.I~; such as: civic centers, courts, courthouses, temporary holding facilities, fire stations, governmental offices, public health facilities, law enforcement offices and facilities, post offices, public utility facilities e.g. lift stations, water storage tanks, water treatment plants, water wells, wastewater treatment plants, drainage facilities. ( 2 ) Community.L t~tIllt.I~~ such as: civic centers, community centers, community theatre, cultural facilities and auditoriums, arts and crafts centers, libraries, museums, public parking lotsl and JS~tXIJlt garages. (3) Parks and recreation.L t~tIllt.I~~ such as: community centers, parks, ballfields, tennis centers, swimming centers, golf courses wHItH 4t~ iSJS~Jl t.iS t.H~ JSlf)sllt. (4 ) Service!.L. iStl~Jlt.~Q! t~tIllt.I~; such as: Abused Spouse Residences, Child Care Centers, Day Care Centers, ~tiSlfJS KiSm~~ t~i~l~ I aJlQ1 IIJ Community Residential Facilities - . (S) Religious, such as: churches and places of worship with attendant uses of day care, pre-school, educational facilities, and with other normal educational ( Sunday school) and recreational facilities, and support facilities (e.g., patronage~). - " - (J~) Restricted usage allowed pursuant to an ordinance enacted to sever developments rights under a Transfer of Developments (TDR). (See Section 4.6.20). (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots and garages (2) Service and Refuge Areas (3) Cafeterias, snack bars, restaurants, exercise facilities, etc. , when contained in the same structure as the principal use. ( 4) Concessions and services provided under a license agreement with the City. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses: (1) Health Care, such as:(11 Adult Congregate Living; Continuing Care; Homes for the Aged; ~JiQ! Nursing Home!.; r.tIllt.I~;Jt21 Substance Abuse Treatment Facilities;(', Hospitals, with or without helipads and associated laboratories, treatment centers, rehabilitation centers, and testing facilities; and (71 Mental Health Treatment Facilities including residential care. (31 <t){-.ftt){~; ~JiQ! JSZ~t~~ tSt wtSt~KIJS wIt.K 4t.t.~JiQ!~Jit. -.f~e~ tSt Q!~t t~t~1 JSt~'f~tKtStSZI ~Q!14t~t.ItSJi~Z t~tlZIt.I~~1 ~~Q! wlt.K tSt.){et JitStJd~1 eQ!14t4t.ltSJiaZ (S-.fJiQ!~t ~t){tStSZl 4JiQ! t~tt~4t.ItSJi~Z t~tIZlt.Ie~' ~JiQ! ~-.fJSJStStt. t~tIZlt.l~~ (eJiJI JS~t.ttSJi~ie~IJ ('~) Educational.L t~tlZlt.Ie; either public or private.L and vocational schools except for training or programs which can be conducted in multipurpose buildings or offices (e,g. a dance school, real estate school, etc) which may be located in various commercial districts. (5) Services, such as: GttS-.fJS KtSJd~~1 teieZ IIIJ Community Residential Homes . ( 6 ) Transportation, such as: (111 'It.Ji~JStStt;it.ltSll ~t..tltSJi~ .JiQ! t._tmlll;il~ ~-.ftK .~ bus stations, railway stations, taxi dispatch (more than one taxi), park and ride areas, and railroad right-of-way. ( 7 ) Special Services and Facilities, such as: tSl Privately operated parking lots and garages; (ISl Stadiums and arenas; ('1 Refuse Transfer Stations; (121 ~t.IZlt.t r.tIllt.le~ ~-.ftK .~ power transfer stations; and communication towers. - 2 - <_ .l (E) Review and Approval Process: (1) In established structures, principal and accessory uses shall be allowed therein upon application to, and approval by, the Chief Building Official for a certificate of occupancy. (2) For any new development, approval must be granted by the Site Plan Review and Appearance Board pursuant to Sections 2.4.5(F), 2.4.5(H), and (I). (3) Conditional uses must be approved pursuant to Section 2.4.5(E). (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply as guidelines for site development. While deviations from these standards are allowed, each deviation must be specifically approved by the Site Plan Review and Appearance Board. (G) Supplemental District Requlatlons: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified and added pursuant to the following: ( 1) Outside storage may be allowed tSlllt III t~~t t~tQ!~ 41lQ! t.){~1l but only when screened from view from adjacent properties and public rights-of-way in a manner approved by the Site Plan Review and Appearance Board. (H) Special Requlations: ( 1) Wlt.KIIl t.K~ tttSJlt. t4tQ! ~~t.)S.tX ~JlQ! ~Ilt ~t.t~~t. ~1Q!e The perimeter setback area, when provided, t.K~ tlt~t. t.~Jl te~t. (lSll 4)slft.t.IJli t){~ tIi){t.'ftSt'fwat shall be a landscaped area wi thin which no paving shall be allowed except for driveways and walkways leading to structures on the premises. Such driveways and walkways shall be generally perpendicular to the property line. 0Jl ZtSt.~ wlt.K ~ Q!~ISt.K tt~4t.~t t){~Jl t.){t~~ ){-.fIlQ!t~Q! t~~t. (3SS111 t.K~ tttSJlt t~tQ! Z~JlQ!~t~lS~ ~t~~ ~){.IZ )Se tItt.~~Jl t~et. (1111 III delSt){J (2) When this zone district is adjacent to residential zoning, the perimeter landscape area should be increased to a depth or fifteen feet (15'); or, as an alternative either a wall, decorati ve fencing, or hedging should be installed for aesthetic and buffer purposes. IN ADDITION TO THE ABOVE CHANGES TO SECTION 4.4.21, THE PROVISIONS OF SECTION 4.6.4 (H), WHICH PERTAINS TO THE PERIMETER OF TREATMENT OF THIS DISTRICT, SHOULD BE DELETED. This DELETION is appropriate, in that, accommodation for its provisions (albeit modified) are provided in the NEW Sub-Section (H)(2), above. - 3 - . ' Mail For 0 Harty, Alison - City Clerk TO User ID Address HARTY DELRAYCH City of Delray Beach 100 N. W. 1st Avenue Delray Beach, Fl. 33444 City Clerk 2nd Floor City Hall (407) 243-7057 FROM User ID Address KOVACS DAVID SUBJECT REFERENCE AUTHOR ACTION DUE DATE Alison: Re ORDINCE for the CF to IFS zone. A separate section . necessary for DELETION of 4'6J4(E)i also, for Directing that U)i ~kJ CF, throughout the text, be made throughout including the Matr,) ~ I CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - FEBRUARY 9. 1993 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED TO CORRECT: L. CHANGE ORDER NO. 11/ELKINS CONSTRUCTORS. INC: Consider a change order in the amount of 816.673.03 to the contract with Elkins Constructors, Inc. for additional materials, equipment and labor in conjunction with the Water Treatment Plant Lime Softening Conversion projectj with funding from 1991 Water and Sewer Revenue Bond Water Plant Conversion - Buildings (Account No. 447-5164-536-60.31). THE REGULAR AGENDA IS AMENDED TO INCLUDE: M. EMERGENCY REPLACEMENT: Approve the eme'rgency award of bid to Ocean Bay Construction Company in the amount of $11,500, to replace and relocate a six inch cast iron watermain located between Swinton Avenue and N.E. 2nd Streetj with funding from Water and Sewer Renewal and Replacement - Water Distribution Systems Improvements (Account No. 442-5178-536-61.78). (~ 5-0 - /}m~/JoEiJ ff . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER AGENDA ITEM # {I { - MEETING OF FEBRUARY 9. 1993 SUBJECT: I ----- CHANGE ORDER NO. 11/ELKINS CONSTRUCTORS. INC. DATE: February 5, 1993 ~~ dJI#)1- .J.LL j}DO~,)OLA_O 1 .' This is a change order in the amount of $2i,9S3.03 to the contract with Elkins Constructors, Inc. for additional materials, equipment and labor in conjunction with the Water Treatment Plant Lime Softening Conversion project. The changes are outlined in Schedule A of the Change Order, which is attached as backup material for this item. Recommend approval of Change Order No. 11 in the amount of $21,953.03 to the contract with Elkins Constructors, Inc. , with funding from 1991 Water and Sewer Revenue Bond - Water Plant Conversion Buildings (Account No. 447-5164-536-60.31). . , I .. _ - ,.t ; - ~ _ ~ ~ ~ _ ~~. _ - .. - - - - . "1 '. _ -: _ _" . .. . - ~ .. '. ;,.. .~.;... ~'J. __. _ _ . . . CITY OF DELRA Y BEACH CHANGE ORDER TO ORIGINAL COtURACT CHANGE NO. 11 , PROJECT NO. SEF30787 .B7 .80 DATE: February 5, 1993 PROJECT TITLE: Woter Treatment Plant Improvements TO CONTRACTOR: Elkins Constructors YOU ARE HEREBY REQUESTED TO MAKE mE FOLLOWING CHANGeS IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY. SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. 1 JUSTIFICATION: Provide materials, equipment and labor for work described In Work DirectIves 2.4.6--8. 10; Field Order 30: and Request for Quotations 33, 39.40. and RFC 53. see Schedule A for description of wOrk. SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT S3,9S5.cm.OO COST OF CONSTRUCTION CHANGES PI<EVIOUSl Y ORDERED 270,9\IY.19 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER 4.255.909.19 COST OF CONSTRUCTION CHANGES THIS ORDER 16,673.03 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER 4.272,582.22 PI:RCENT INCREASE/DECREASE THIS CHANGE ORDER 0.4% TOTAL PERCENT INCREASE/DECREASE TO DATE 7.2% !;XTENSION OF CONTRACT TIME ALLOWED BY THIS CONTRACT -1L CALENDAR DAYS TO February 9,1993 CERTIFYING STATEMENT: I hereby certify that the supporting cost data Included Is, In my conSidered opinion, accurate; that the prices quoted are fair and reasonable and In proper ratio to the cost of the original work contracted for under hAnAfit competltlv~ bidding. CONTRACTOR SIGNATURE'CONSULTI~~G ARCHITECT OR ENGINEER (SEAl) TO 8E FILLED our BY OEPARTMENT INITIATING CHANGE ORDER DEPARTMENT FUNDS BUDGETED CODE CERTIFIED 8Y DELr<AY BEACH. FL By Its City Commission RECOMMENDED: By: --.--..-. 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'm '0 'm 0) IU 'i ,g III i Cl> ,c .. c~ 0'0 o~ · cn'O~ Olin 0li3 I c: '0 Cl:l C; I ~ W '~ ~ i 'i j 'm :s ~i o LU C s;;: Co C 51 C Cl> 'I ...I ~ '~ ~ e '~ ~ .~ ~ : ~ z w 1ii 8 UJ]; UJ ~.___~ 02 ~ -- -8----. _.- --'" ~ g ., ~ W '. . '. $Cl.. 1:,a: ~ ~ ~ ~ 8 '::t Q) ~ "..,..., I 10. c( ~E .,.: ~ ~ to Z r.n w .- ..91 fh th o :J Lt.= J=t) ::> ~ ~~ i c 1-. -------- i C( o 8 Ch .& 1. ill t:r t: -- Zf Oz ~Q) .s ..Q)M. 0 ~- ~ v~~ .... tiE ~ ;e ~ ~.; ~ W J Cl> c:L a. u..~ 0) : Z 5a; ~ .~ Oi!1lgj~ ~ ~ ~ ~ OQ '0 ... :;: Q.l :: u td (J u.. ~ 'C C Ol -. .... C )( Cl 0 ~ 0 CO C . ~ .- Q.l.... UJ · M' m ~ := LO <:I ~ .. E <U N .. 5"filq ~ a ~i-go~ ~::l ~ ::J .. >. co " T'" 'E - -0 (ll ai :J ! .~'~ ~ ~ ~~ 8 en ~ ~.~ ~~ ~ ~ ~ ~ u. a .!:lh 1Ii~ ~ ~.a o~ lQ w'O 0 ~ Cl> ~2 .-cZw ~~ Cl> ~ OCh ~n i8~zi o~; * ~~ :~~E~ ~~ ~ .. "O'SO-C: E Si ; nn ~uo~- j~.... . .m.. .~ e .S! ~ (5 .9? ~ ~ e e Q. Q.l ,S C) c: C,)_ LI.. Q.. Cl.. _'_ .__.____, ...____ _.__ _...____ , ~ , - , ! c: t") (f):1 E .g tV ~ ~ 'I 8 IV 16 T'" It) '&:I Q -. --. .. .- ~ (\, ~~ ~ W~ -= 0 '*' ~ ~ c c: -'---. -------......- .-.............- .___'_n.__.._ ~'lI;::f'*' 88 '41:,,-.... 0 (1) ~:tI=:I:~ iV1V ...,. ~ I ~*::E, cc 0 0 U 'It: ~ ~ "I: 'e, 'e, z u. u. I ~ * ,,:It: 'e 'I: cr: cr: II ......*' 00 , ' , - . .. -... - .'-". .... -- . -- .... -. - - - . - - CITY OF DELRA Y BEACH - SUMMARY OF WTP CONTRACT CHANGES : Percent of RFQ Or ; Change I Original WD Order De5crtotlon I Cost , Contract ; 1 I CONTRACTOR REQUESTED CHANGES i 1 0.0.3 I CMU weight changed to standard ; ($2,500.00) I 5 I C.0.3 I Staal pipe fOf W2 replaced wI PVC I ($2.500.aO)! i I I 7 0.0.3 . TEFC gland air co<')l&d sealing ~y!>l.;lm I ($70000) , - -. ._._--------~--_._---_..- .. L --. -. " -------.------..--- , , TOTAL ($5,700.00)1 -0.14% : ENGINEERING DESIGN CHANGES 4 C.0.3 Add 2 PRV's $2,604.00 I 6 I 1":.0.3 PVC conduit chiinged to ASC $703.00 . ; 8 : 0.0.3 Delate filter connection & piping ($2.las.aO) , ! , 14 C.0.3 Sludge thickener level ($1,500.00): I : I 15 C.O.3 Change electrical conduit size $666.00 i I i I 16 C.0.3 , Upgrade electrical power 10 valves $4.382,00 17 C.03 Electrical motor'O to 1S HP I I $1 ,092.00 . I 18 0.0. e ; BSCik11<JW pltNftlllBfS &. pIpIng I $11,:)00.00 ! I 21 C,O.8 Reroute 10" DE/F $3,3'5.00 i j 23 i 0.0.8 Various f & C $5.03'.00 29 C.O.tO Install miscellaneous el&cIrlCal $5,870.00 : I I 31 C.O.10 : Change dOor size In i1me buiil1ing I $2,700.00 i 0.0.10 i Delete lime silo dust collector platform I ($800.00) I I WD2 I C.O.ll Move exhaust fan In BE. section 01 LiIT:e BlJlldll1g r100f $350.00 I i WD4 C.O. l' Remove trap in Dewatsting Bulldinq ptpinQ $794.80 I , I I WD6 ! C.O." RevifiQ paving to provide proper (jl alnage at $5.507.98 ! . I enlrances 10 Dewatering BUilding from I SW. 71h Stroot and SW. 4tn AVOlllltJ i WDIO , 0,0,11 j In"all6-lnch neop,eno duckb,1I check v.lv. ,'.ev. on $1.50000 : w8Shwater recovery sludge pump. Spare also provided , , .'--_.___ ___ _-.I __ ------..-- _....0._. _.__.__._..._._._~ ________ __... .__,. ._____.__..___ - l:Jummary.wK3 Page' of 3 " ' I - '~-..l " ~ 1 : ~ ::. .~.. '. ~ - ... - - . . -. - - - .. ., . .'. . _. ,-~'.L ..... __ ~ - CITY OF DELRA Y BEACH SUMMARY OF WTP CONTRACT CHANGES I Percent of RF Q or Chango I OrlglnaJ WD Orrser Oeseriotion , Cost : Contract ! i I ENGINEERING DESIGN CHANGES (continued) i 33 C.O.11 Install air relief valve and replace Solenoids with low pressure $3,316.90 I switch on thickened Sludgo pumps ! 40 C.O.11 ! Provide electrical conduit rAql.lE:\stlild in CCrR C3. No. '. $1,304.00 i 2, and 5. Also provide credll for NEMA 4X enclosure I which was no1 installed. : : I -- C.O.11 Return t:3ronze hardware - exchange for clear $170.84 , anodized aluminum I i F.e.30 C.e.11 Alter fence and sidewalk arOund troe $543.00 i , -- C.0.11 ; IncrAsse cantilevor sate silaS ".J . 5730.00 - I .'- -- --- I I ., ~... - r TOTAL $47,682.52 ! 1.2K , ! ! , i UNFORESEEN CONDITIONS , : 20 c.o.a : Shorten monorail span $1 ,468.00 I 28 1 C.O. 10J Roof leak 08moge llnd telephone jc:lck$ $598,00 - I . - _. ... - '-- - .. - .. -- .- - , ..-.. --- - ,- --, TOTAL $2.068.00 I 0.05"'- --: I OWNER REOUESTED CHANGES r r 3 C.O.4 Irrigation system on finished water $3.629.00 10 0.0.1 i T.tJatmem unit renal> $92.317.00 C.O.5 , , 11 Air stnpper maintenance ! $22.628.00 I i 12 i C.0.3 Nagle \IS. Wiltley $6,940.00 . , , , I , 22 C.O,7 Increase pen recorders & totalizets , $31,500.00 I 24 C.O.S Grit chamber $8,212.00 I ! 25 C.0.8 : MH interior paint I $647,00 26 c.o.a Keyway on sludge thickener $1.79600 , ! : C.OS Treatment unit rehab. welding .3. finlsl1lr:g $74'801~O~J . i ! I ..J...o-.._________________._...," -. .-.-------- .._---------.- summary.wk3 Page 2 of 3 . , , - ~I - ... . . . ~ ~ ~. ...... .. . ~ - .- . . ~ . ' - - ..... - .. ~ .... . -. -- ~ ... -- .. . CITY OF DELRAY BEACH - SUMMARY OF WTP CONTRACT CHANGES Percent of RFQ or Change Original wo Order Oescriotion Cost Contract ! I I I , I OWNER REQUESTED CHANGES (continued) I , I 27 ! C.0.10 Less asphalt at 2O-lnch main location ($950.00) , 32 I Delete 12' gate ($442.00) I C.0.10 WD6 I C.0.11 Piping changes in Lime Building $1,500.00 i , i W07 C.O.' 1 Revise parking area and landscape islancl neJAte $1,'-1~51 i I I small Island at entrance gate and lelocate intercom. Convert anoU,er Island to parking space. I , I ! 39 C.0.11 ' Delete fencing shown in attached sketch and reuse , ($258.00): , 18>,..ng ga.. a'aI:..n'16 'oca,;,n __ ". I J I I I I _ ---l..._... . ! - ........ ..'.1 ---. $243,533.51 i TOTAL 6.11% I GRAND TOTAL $287,582.03 i 7.22'% , summary.wk3 Page 3 of 3 , , . - CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR .MEETING - FEBRUARY 9. 1993 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM - THE REGULAR AGENDA IS AMENDED TO CORRECT: L. CHANGE ORDER NO. ll/ELKINS CONSTRUCTORS. INe: Consider a change order in the amount of 816.673.03 to the contract with Elkins Constructors, Inc. for additional materials, equipment and labor in conjunction with the Water Treatment Plant Lime Softening Conversion projecti with funding from 1991 Water and Sewer Revenue Bond Water Plant Conversion - Buildings (Account No. 447-5164-536-60.31), THE REGULAR AGENDA IS AMENDED TO INCLUDE: M. EMERGENCY REPLACEMENT: Approve the emergency award of bid to Ocean Bay Construction Company in the amount of $11,500, to replace and relocate a six inch cast iron watermain located between Swinton Avenue and N. E . 2nd Streeti with funding from Water and Sewer Renewal and Replacement - Water Distribution Systems Improvements (Account No. 442-5178-536-61.78). Cflxooed ,5'-0 I . MEMORANDUM TO: David T. Harden City Manager THROUGH: William H. Greenwood tJI/f; 2./f/'f'~ Director of Environmental Services FROM: George Abou-Jaoude Deputy Director of Public utilities SUBJECT: EMERGENCY REPAIR/WATER MAIN NE 2ND STREET & 1ST AVENUE DATE: February 9, 1993 This is a request to approve the agenda item for the relocation of an existing corroded six inch cast iron main between Swinton Avenue and NE 1st Avenue. The existing water main has only six to eight inches of cover and will have less after constructing a drainage swale. To isolate this line for future emergency, we would have to shut approximately five to six valves and four blocks. We discovered this issue with the construction of the Banker's Row project, and it will be feasible to replace the main in conjunction with this project. City crews will also be installing a valve at the intersection for future isolation. The main will be installed with 36 inches minimum cover per HRS require ts. GA/cw cc: Interoffice Memos to city Manager gaemrep.mem 9M " ' . -, ,- - .--- -- -. . - ..... . ,-" ,.-- - _..-- . . ..~---"'- I 1_ 3 I I I I I I I I I 6' 6 I :. :l ...4.., L.,. . . . . . . .oll,. 1~' Jo.,.~, ~ . . SO' h,21j. ]1O'.Jtv ..1... w set I 9.,..,.D __------5f:----..... - ..--F--2"\iI--*;"" -- -"V - -"...-- ~~-,,--:-~I-r - '-:: --- ,. _or 2VLZ' u r' · 13' 14 13"5 lit 11;: ,J2,& N . '3:z:1".~ 11 ,135' '~Ii I~ r.i ~ 1 e · set set II! nu- _ Jl 04 tio :;; j4" ~ 1 ~... 24 :150 :g :;ze ~ ~ 11 .. IR 1 .s.&.... 17 ." ~~ II 1I'1~ ~ 16 S i 2:' 23' ~ 2 27} 1. . 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II' ......1 ,l~.< O'y '.'11 ST. . i I S ,&' I'M.., -,'\ ,.. X 3RDll v ~ (16v i 2"v 111 13.1,'4 '31,\' ~ I~i _ 1~9 ~ 45 i 1~~. '~~2~" 10 ~ _ .~. ,35. 1 '00'/ \!, 40 :I'I.l1 t2, a / A;. 20. Z L .~,;,.., I ..:: 1 24 ~ y I"J ~ 1\.. -~ 2. REOX:O ~ 23 2 S I ' 2 to; 10 . S 2 23 ~ l 2 23 'I: ~. ~ i1 1 ~ 2' , 22 3. I' 3 ~ 11' ,3 22., 3 22, ' p::, 2 , 21. 1-,'" '. I'" N 12 ' . 4 21', 4 ,. 21 ,;Z' ....: IT ~ 5 ~ ,26~' -1-,,<1" 5llo1 13 . '5 2 20, 6 . 5 20, ~ : 51' ,'6,.... . ,'V. \ ,_ . ~ .1.~....1 ~, 19 r... 6' ,6 _14,2. 6_ 19. ,6 Q 19 61," <c, 18 ~ 0 7' I' 7 U 15, . 77N" 18. . 7 a 18' . >- ~ .')x,~ ~ I . ~"\ . 0 r\'1'I\ t 9 ~ 24. , 17 . 8 , !t ~ .y,. "..16 II . 8. 17 . ,a.- .\1 ~ 10: ' lr <Je.,.f'( ~ . ""-.-l.y. ,... \ .1.., i-- l- ,,' , 16 ~ 9, .. ..~..... 9 ~ _ 16, ~00I'..~.1i. 16' i-- iP 9--) 20 rr- ~ ill,Nt ..' ii&& _. ~"" IV. I-- ~<./-1' . 21 ~ PUBUC .15 10, _~ ~12( ncfJ ~~t,.., \' .1.....,... 15 2'!-' '-..,..'....l.iilt.:-. .... ..... I:> _ II U v.. 'I- ' J.. ...., ....".. WI' N, UTIUTlE:S 3 14 - 11 II I ~lV;.l.." 't S 11-1 14-q;, 11- 14 1-0 : ; 111.":!r-- 1 l!!~":.""~.' ;. ~ ' \.-.-' .-J . 22 23 . O'y 111 ~ 1.3 ~ ,.'~ ! vt 75.....' ,~..~ ~\folil45. :ll..!~~ ~..n:~.J( I~~~ y 13,a"a 4 '10' ....IIP;}j 40'" L...~.~ ~ 1 ~ . 7' ..... _ 6 6'Y OJ,.......v :II I .:.r'-Y." . .... ~'v oil II'V II '6'V ,~.. '3'''' . '3' IJT 40'''''''' ''>:> 51 ,... ...- 1"0' . rr---nr IO'V ,,'XlI' 140 ~ l' ~ ~ 9 ~ I ; 1 ~ ~ 9 ~ ~ 1 '~ ; 9 ~ ~ 1 ~ 9 ~ /2. i::'i.rn 2 REO. I 14 1.3 > $I 2 - 21 . ~. 2 . 10' · 2 .. 10 · 2 · · 10 I . 2 1 0 ~ I 00( : ~ \. '- C,) ( ..:~r '3 tI20 . 3 . 11 I'i · 3 I. 11. · 3 · · 11 . 3 11' ~5LJ . ., . N 4 I-- 1Ioi. ;:; .\&'.. . 1 !; ~rt... . '5 - . 4 . 12 ' \1 . 04 . . 12. · .. · · 12 'e' 4 t 2 · W ~ J.<t. ~ 1 E 51 . ~ I ~ 2' I,.. 1"7' . , 6 ( ~ rv ~ J ' I , 1..1 ! -.J ~ , m\". e ~ CITY . 5 . 13 . , . 5 I. 13' · 5 I · 1 3. . 5 13. - N ' N 7 . HALL I ' ...1\. ~ S ! If l · 6 I. 14. · 6 I · 1 4. · 6.. 1 4 I · 6 . 14 · i! 7,.ft.. , .y~' 9 ~ .... ~ KW. 11 ':1,J.6 !I I' r' . 7 t' 15 . ::l' 7 · · 15' · 7.. 15, . 7 .y 15 ~ ' .,. t.;:I 10 t:--= I ~...." 321""Sl11 $1~ . 8 '" ~ 16 ~ - i S II> ~ 16 II! : 8 ~ . 16:: v S 16 5 4 ~ ~, ~ 13...' l!e 13.......~' 13" i .... '31' ~ 40 ... ,~. ... ~ 'JI'''' ~A 15..... IA. " . k, ~ac! 2 I~..!' 'O'V Z.V 10 .~ . 'v 2 . . 2"v IJ N.E. &' 2"V , 4. 1 STOI ~.. IJ"V lI.r l- 13\." \31.&' l- I il. 17" to' l- 12' I~ l- ," l-'~ ~'D 135 ~ 3: ;! 1 7;t. IV ;! 1 7;t.;! 2 ~ II~l-6i 17 ~ ~ 14 1. I AU ~ ~ ,2 8' I ..J . 2 8 . 3 .... ~15. 18; '15 CD 1 o 4' 4 · ~ OIlAMUNITY ~ '.H,I -;:; 19' . ~ '3 9' I 0 ' 3 -, :: 9' ... (\4 ,13l12.' e 16 -04 ,("\ ENTER \ III 1 l . .':"-..';: _;. 20 I I \J IJ', 4 t: h 10' I 68 \oj 2" 4 1 0 ' '5! ' ..l ~,.' ~ 21' ~ - :-2 52 I ~ ii' 11l'~' I 22' ,18 ~ 9 ,5 11 ' I"'" 5 11 ' I L 6 . ...f1r, 23':z I-- I 0 I": I- rJ ' . . '19 8 12 ... I :J L ... ... 7 - ~ ..~'.... i ~ 24i I-- l- 6 .. CD 'J 6 12. . ;f. ." r ....,... ~ ... ....- '35' ~ ;t us' J~ ..,8.. ~ 2~2S" ~ :: I ~ ,Ji 1"1 J I 7. 1. 7,211. " .,.T\I'V 147.~' . . " \ r F.O. 1~1'4 15\,6 ,j' .ft'y.' acn J ~ .1._ J -' ~ ~ I I I 'J IItlTT1 r I I , ' . , CITY of DELRAY BEACH PUBLIC UTILITIES DIVISION NOTICE TO PROCEED With EMERGENCY REPAIRS BID II 92-17 (COMMISSION APPROVAL MARCH 10, 1993) DATE: Fe bruary 9, 1993 TO: Ocean Bay Construction, Inc. . ADDRESS: 2200 N.W. 16th Street CITY/STATE: Pompano Beach, FL 33069 Description of Repairs: Replace and lower corroded six (6) inch cast iron water main from Swinton Avenue to N.E. 1st Avenue. Includes asphalt repair, chlorination and bacterial testing, tapping new water main for existing services. Water Distribution to supply line stop and six (6) inch valve. Funding will be 11442-5178-536-61.78 R&R. Bid Amount: $11,500.00 G\< Completion Date: 2/16/93 -V\ \ In accordance with Bid '92-17. you are hereby notified to proceed with the above described repairs. per instructions from the Public Utilities Division. A confirming purchase order will be forthcoming. Ocean Bay - $ 11.500.00 Johnson & Davis - $ 12,200.00 W. Jackson - No Bid CITY MANAGER City of Delray Beach . , I Ocean Bay - Construction. Inc. .. 2200 N.W. 16TH STRtET POMr>ANO BEACH. flORIDA 33069 SROWARD: (30S) 960~013Q ~. [ DATE: kLJ1 _.' _~ L? 9 ..3 -- & ( :px 5~rr ~ (CXWMY ~~) ,(J1;/ Vi;; /~~ r AX SElr,: K' PJ\l( NV11BF'R ; ~_. - ,~ 7tJ fa 1.TmlTIrn O!' , /J14.~A 1 f. j) '!Iif 7 t- .~ F.1'I.-': S~ BY (t-l~) ~ ~" ..f5 O-n / 90 f /~ .f~ _~ ~ 'I'OT.bL P.2\t1ES, (INC!1Jr)n1G ro."EP. SHEF:) : c{} .... 'I y- FE; ,{jC: tL.I ,L+J~LLUC::- .I c:LL;'€.- I:.J0/~,.~.,:t.f{/iLk;/J (/ ..., o:t't'mI'S : j72,? /1/11/ If." .I~ f 1-//1" ... ... ...... L(' . L J ,,' / l.;J ;7 ~. '. \ " ~ -. ~ ~ ~-~-?,-C:~'~_.-(J::/.~,,~.,~,? /.<li'. /(/ /Y AL~ --/-<i__ ,,~ ,/ ~.' /. (//.1 ~ / , -;;( .~ -l.f dkf-f .<1 ~ it >-7)( / 77:1/ ~ /. . a .'J _~,L rtLJ ^ '~ ,/ ;i 7 . ./ ,r II .P ,).~I '"I ',) __ --" ~...I.:::.--t.. ...d. 1.. A\. ~ ,.. - ..' / ~ ~...... -.....&. ........ ...J///IJJJ...- (/./~t/){ _.L j ~L( ) II / - ,/) (, ~-L~/ :;:"".:/ /~ ~- ... -~ ~V) (~,." x-~,tC . ~ . -.--. _.J/a.. -----.. IF THERE l>-.PE P},ly' ProBLc~ WI"rH 'lIDS TP~}&U:SSICN, PU'~.sF. 00 Nor HESITM'E 'ro O:N:tN::l' CUR OFFICE. I.......~ YCX:. WATER . ~[WER . DRAINAGe. . CONCRETE. . GRADING · PAVING. PARKING. STRE.ET . HIGHWAYS ---..-" -.--- --- .,~- .- .----._- ~--_. ---- -~-- ------ ..----..- -----------. Hll~ U:J "n 1 ..~ = .2 5 Ij C E H!l 8 H \' ((I II S T ! II': F'. ;)1 Ocean Bay Construction, Inc. 2200 N.W. 16TH STREET POMPANO BEACH, FLORIDA B069 BROWARO: (305) 960-0130 February 9, 1993 Mr. Michael Offie City of Delray Beach 434 S. Swinton Ave. De1ray Beach, Florida 33444 Re: NE 2nd Street & NE 1st Avenue - Emergency Repair Dear Mr. Offie: 1n reference to the above repair, the fol1o\..ring price is hereby submitted: Total Cost $ 11,500.00 VR:;;17JlJh-- Ronald E. Penta President W.<\TE.R . SE\vtR . DR.~INAc.E . CONCRfTf. . GRADI~~G . Pi~VINc, . PARKING. STRE.ET . HIGHwA.YS , ' --...... .._"J.....' ,,J., '--- ".----"-"-.1;,. '_~_'_"" '"'- ,:;.~...., ',' "JO H N SON IfI~II~r~~)8~;~II~'f~~S [N C. _ ~::~~"o,:~,.' " ,',', "'6'6~H I LlgAATH ' DR'rvE J"":'i.J;.';::.j..~';._ . .~Se:,:.;...,.-o:. . '-ANTANA FL'ORro . tJ\;j':,~;';CA:'~;'::':~~'~'ll' I A 33462 ~ ' e.J' >"If ,~ '- ' ...g-t!, 40 ... d'"r i;\ >:::g~!'.;r::;~~;.,;i / ~ "o.~?1170 , .c?4 \\ I _ ,j."" ~.C..' ~~. , '. I. .>>.~)>> CO'k'1(O"'''' Pl'.i!; 'NO', 40'7-585-5252 ~,Jli;tl' --" . ...~~ ' ,,- ....r '. ... DAn'H.6 9, /113 '0_,' C/71 01" /,)~/h~ ~ /I _ J r--ry~ T !€flC. ?~C~1_ hd SJ1/,A;,,(. NiJt~3ER 0" :>~~1:'S . 1 -- r"" ~. '.-- . (.l.nC_Ud:i.ng co~~r page)_ I - . -- you CO nOt ~ece;ve 11 ,,'-" " "o',' . _ as POSSiOla) - e__. pa~es:)).!.eese call back ' ,..,. ""':",,":".,', . as SOOn . ., 11=:SSl-.G:::: (f/7,'v: 'II;{.~:' /1,/$..,." O;t:si.. ~c: IVA-T~'{ )1A-lu' /k~/J9-&rf)(I~J .:..<:).I€~~~;.$f .:,~,~.~~- SW/N7?J~ /Jf.)-f:. f )J~ ;s-r- .s7/1a7, : , " :O::'~). '.~:::I.1~:'I . ".:~';':, ~~:~.;i~:Y':;';':;.: " . "'" A , ,.. . ......".I(r;t~x...!{3(}??.;,.l.fr.;!; " t f.)/r CL S.J ~4,.tl~!~lt@:!ii'>i,1~~;;H':+r '_. - .. -71~.;;J.DI5I;~i.:'t.S/f?a-; 5et(V/i:."E\(.3 ~(). t;Q ,€..4' .' "'." ,- ':, ',.',~ ," - " Od - IiE- /P~r>1 ij.,c . /}()V4U S~CJIc.c.- {3 jod. EA>. \'2,200 ~';-:l )jJCL.,,~~~ : ':::-. . ';'. :t;. ..., 0 ;> '';;;;'.: 1~~71~"~~if:If:rff.' ."., ,,' ,.. . '~._ F'L ~ '5 ~ _ ~~A)/~..~.?;1o:s+ ~fiSl~f'?EI/J';{S;}?> ..' / ~. ,.:':,.;:0,"1:1.,,'&1,,' ~,.'~;' 'S"SY~, .sllJ~~~ A, Cv,(6/Q,,9,.,u.. . ..;, /!I.l~, ," ~~, '""'~':;:~$~ep.':t ~ .'0,1 cI iJ l~cLl;~;oJ' ';:;,7/"15_ . ,; ,..';_:;~.:~ .' c~i~j~4)~T'('( \:J '~;fJ~ . .:.... ..... - -': . . " .. ..... "l\t"Jj~~i~f:"~~~t.., :.',<' S~,""". .;."' =- ~U' t:f )1 cJ LeoN. - "-:j7MjI(i~. /J.o~~:f,'.:"\].C:I7~"~c':~~~,f~'.:f~'~J~Ii:~:/ A-T ~7 1:;JU ap jJtfQ~~~/: , ' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER f)'v I L SUBJECT: AGENDA ITEM ~ lOA - MEETING OF FEBRUARY 9. 1993 ORDINANCE NO. 5-93 DATE: February 5, 1993 This is the second reading of an ordinance amending the Land Development Regulations by repealing and enacting a new Subsection 4.6.7(C)(5) "Banners and Wind Signs" to provide for the prohibition of banner and wind signsj by enacting a new Subsection 4.6.7(B)(12) "Flags" to provide for flying two flags to advertise open houses or apartments, for the flying of flags by service organizations at times of meeting, and to provide for the flying of no more than three (3 ) flags on property less than one acre and one flag per 15,000 square feet on property greater than one acrej and, by enacting a definition for the term "flag". At the January 26th regular meeting, Ordinance No. 5-93 was passed on first reading by a 4-1 vote (Mr. Randolph dissenting). Recommend approval of Ordinance No. 5-93 on second and final reading. PQ();~~ <-{ +0 { (' OJ Ie. R AOIJQPI-! cf,)S~/)T7ld) , ' - .-' CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Jan 26,93 ~7:25 P.09 . . : ,I.' :^.:~' :'.; ,. . r', ,," ~. ~. -: ~>..::'~ j EIT' DF DELAA' IEAEH7" - ,'>:: CITY AnORNEY'S OFFICE 200 NW IJI AVENUE' PELRAY BEACH. FLORIDA 33... FACSIMrLE 4071278.4755 WK'......... lu....a. L~n. (407) 243-70iO MEMORANDUM Oates January 25, 1993 To: City Commi..ion ~ FrolRl David N. Tolce., Aasistant City Attorne Subject~ Commi.sion Me.ting of January 26, 1993 - Item 12-A Ordinance No. S-93; Regulation of Flags Attached i. a new proposed ordinance which will regulate the display of banner., wind signa, and flags within the City. The ordinance ia divideci into three section. The first aection revise. LDR Sectton 4.6.7 (c) . This new language will retain the absolute prohibition on flying banners and wind signs. The .econd section of the or~inance pertains to the regulation of the CHaplay of flags. These regulations will limit the number of flags to three flags on non residential property of 1... than one acre. Property equal to or greater than one acre will be able to accommodate one flag per 15,000 sq. ft. This ordinance will not affect flags flying on residentially zoned property. ServIce organizations may fly their flag at' the time. Of their m.etinge. The third aection of the ordinanc~ defines a flag as a piece of cloth with the- embl.. of a state, nation, municipality, or orqanlzation. This will limit the types of flag. which may be flown, but thla lImitation is a reasonable regulation within the City'. powera. DNT:ah '" Attachment. CCI David Harden, City Manager Id.1I . '. I I CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 ]an 26,93 17:26 P.1'O ... ORDINANCE NO. 5-93 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING SECTION 4.&.7 "SIGNS" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SUB-SUBSECTION 4.6.7(C)(5) "BANNER SIGNS AND FLAGS" AND ENACTING A NEW sua-SUBSECTION 4.6.7(C)(5), "BANNERS AND WIND SIGNS" TO PROVIDE FOR THE PRO- HIBITION or BANNER SIGNS AND WIND SIGNS; BY ENACTING A NEW SUB-SUBSECTION 4.&.7(b)(12), "FLAGS", TO PROVIDE FOR FLYING TWO FLAGS TO ADVERTISE OPEN HOUSES OR APARTMENTS, FOR FLYING OF FLAGS OF SERVICE ORGANIZATIONS AT TIMES OF MEETING, AND TO PROVIDE FOR THE FLYING OF NO MORE THAN THREE (3) FLAGS ON PROPERTY LESS THAN ONE ACRE AND QNE FLAG PER 15,000 SQUARE FEET ON PROPERTY GREATER 1'JlAN ON!: ACRE; AMENDING APPENDIX. A, "DEFINITIONS", BY ENACTING A DEFINITION FOR THE TERM "FLAG", PROVIDING A REPEALER CLAUSS, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. -- wHEREAS, the City of Delray Beach has invested millions of dollars in installing and maintaining streetacaping and landscaping along the p~c rights-of-way within Delray Beach; and, WHEREAS, the City of Delray Beach is in the process of imple- menting ita Decade of Excellence Bond program which will provide addi- tional funding of drainage, paving, and beautification of rightS-Of-way within Delray Beachl and, WHEREAS, the City Commission of the City of Delray Beach has I maintained II strict sign code for a number of years, specifiCAlly I regulating the US8 of flag8, banners, streamers, and balloons, and, WHEREAS , the City commission of the City of Delray seach is desirous of providing safe traffic areas for pedestrian., bicyclists, and motor ~.hicles, and, . WHEREAS, the City Commission of the city of Delroy Beach \ wishes to improve the aesthetics \of commercial and residential I properties including the City'S rights-at-way within the city limits; I and, i WHEREAS, the City Commission finds that flags, b.snnerl I streamers, balloons, and other types of "wind signs", are signs wlthih i the meaning of the City of Delray Beach Code of Ordinances; and, j WHEREAS, the use of banners, streamers, other types 0 f "wind I signsll, and balloons as signs is illegal in Delray Beach and aam.sges the 1 CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 26,93 17:27 P.11 aesthetic quality of our re.idential and commercial zoned nelghborho~ds; and, WHEREAS, the City Commission finds that the proliferation of flag. on commercial and residential properties damages the aesthetic quality of our residential and commercially zoned neighborhoods; and WHEREAS, the City Commission of the City of Oelray Beach believe. that improving the aesthetics of Delray Beachls residential and commercial neighborhoods will improve the quality of life for the oitizen. of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: section 1. That Article 4.6, "Supplemental District Regulations", Section 4.6.7, "Signs", Subsection 4.6.7(C), IIprohibited : Signs", Sub-subsection 4.6.7 (C) e 5), II Banner Signs and Flags" of the Land Development Regulations of the Code of Ordinance. of the City of Delray Beach, Florida, i. hereby repealed, and a new. Sub-subsection 4.6.7 eC) (5), "Banners and wind Signs" of the Land Development Regulations of the Code of ordinances of the City of Delray Beach, 1s i hereby enacted to read a. follows: .- 4.6.7e~5) Banners and Wind SiQns. . ea) Banner. - A sign conSisting of characters, letters, illustrations or ornamentations attached to cloth, paper, or fabric baoking used for the purpose of communicat.1.ng the presence of a busine.., the a.le of a product, or the location of a business. For special event., temporary banners may be flown as provided for I in Section 4.6.7(D)(3)(1). I I (b) Wind Siqns - signs, consisting of one or Glore banners, pennants, ribbons, spinners, streamers, balloon., or other objects or material fastened in such a manner all to move upon being SUbjected to pre.sure by wind, i Section 2. That Article 4.6, "Supplemental Oistrict ; Regulations", Section 4.6.7, "signs", Subsection 4.6.7(B), "Exempt I Signs", of the Land Development Regulations of the Code of Ordinances of . the City of Delray Beach, Florida, be, and the same i8 amended by 1 enacting a new Sub-subsection 4.6,7(B)(12), "Flags", to read as follows: I 4.6.7(8)(12) FlaQs. (a) Flags may be displayed on any res1dential or - non-residential parcel of land in accordance with the following rule.: , ' CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Jan 26.93 17:27 p ,12 " ... 1. No more than three (3) flags may be placed upon any parcel or development les. than one acre in size which'!s zoned and u8ed for non-residential purpose.. 2. For parcels or developments equal to or greater than one acre in area, no more than one flag per 15,000 square teet of lot area shall be allowed. (b) Two (2) flags may be flown at a time when model homes or model apartments are open for inspection. (c) Flag. of service or civil clubs may be displayed at re.pective meeting .it.. during meeting hours. section 3. That Appendix A, "Derin! tions", ot the Land Development Regulation. of the Code of Ordinances of the City of Delray , S.ach, Florida, be, and the same is hereby amended to read a8 follows: : Flag - A piece of cloth, varying in design, usually Attached at one edge to a staff or cord, and used as the symbol of a nation,' state i municipality or organization. I , l Section 4. That all ordinances or parts of ordinances which ~ are in conflict herewith are hereby repealed. ! 1 ---- : Section .-5.. That .hould any section . or provlsion 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 val1di ty of the remainder hereof as a whole or part thereot ~ther than the part declared to be invalid. Section 6. That this ordinance shall become effective immedi- ately upon its passage on second and final reading; provided, however that the City'. formal enforcement meAsures Shall not begin for a period ot sixty (60) day.. PASSED AHD ADOPTED in regular session on second and final reading on thi. the day of , 1993. MAY 0 R ATTEST; City Clerk First Reading Second Reading i?f} ''''J-' i C I T Y COM MIS S ION DOC U MEN TAT ION TO: c: T. IlARDEN, CITY MANAGER \ ~J -Y..U~ FROM: DA 10 J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 26, 1993 ORDINANCE AMENDING REGULATIONS PERTAINING TO THE FLYING OF FLAGS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an ordinance which amends the LDRs on first reading. The ordinance modifies Sections 4.6.7(C)(5) and 4.6.7(B)(12) and adds a definition for the Official Flag of the United States. BACKGROUND: This item was before the City Commission on two previous occasions. The last was on January 12th at which time, it was referred for revisions. Revisions have been made taking into account public testimony and the previous recommendations of the Planning and Zoning Board. The changes contempl~ted in this proposed ordinance include: * deletion of material pertaining to national flags from existing provisions of the "Banner Signs and Flags" regulations; * addition of national, state, and municipal flags to the list of items exempted from the sign regulations along with rules under which such flags are to be flown. By identifying national, state, and local flags as being exempt, they do not require permits and, thus, no fees apply except for those associated with the construction of a flag pole (when one is constructed). , ' city Commission Documentation Ordinance Amending Regulations Pertaining to the Flying of Flags Page 2 ..- In order to provide some regulation so that abuse does not occur, the guidelines for the flying of the Official Flag of the Uni ted States are incorporated as rules to be observed. In order to identi fy the line between proper display and display for commercial purposes, the number of three flags per parcel is established. The three flags can all be of the same kind. Also, for parcels larger than one acre, the number of flags may be increased at the rate of one per 15,000 sq. ft. of additional development (parcel) area. For comments and analysis please refer to the attached Planning and Zoning Board staff report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board will formally reviewed this latest draft at its meeting of Monday, January 25th. Their comments and recommendations will be reported at the City Commission meeting. RECOMMENDED ACTION: By motion, approval of the proposed ordinance on first reading and the setting of a public hearing date. Attachment: * P&Z Staff Report & Documentation of January 25th * Ordinance by others DJK/CCFLAGS.DOC , PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 25, 1993 AGENDA ITEM: LDR TEXT AMENDMENT RE BANNER SIGNS AND FLAGS ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a proposed change to the LDRs. The changes contemplated in this proposed ordinance include: * deletion of material pertaining to national flags from existing provisions of the "Banner Signs and Flags" regulations; * addition of national, state, and municipal flags to the list of items exempted from the sign regulations along with rules under which such flags are to be flown. BACKGROUND: This item was taken before the City Commission, in the form of proposed Ordinance No. 67-92, for first reading on December 8, 1992. After considerable discussion, the initial ordinance was set for public hearing. In the meantime, the Planning and Zoning Board reviewed the proposal and recommended that it not be adopted in its proposed form. During the scheduled public hearing before the City Commission (January 12th), the item was remanded for redrafting. Given the opportunity to redraft the item, staff considered the public testimony and the previous recommendation of the Board. The result is an ordinance which retains the prohibition on banners and flags in general; but, which allows national, state, and local flags through an automatic exemption. As an exempted item, there is not the need to acquire a permit, nor to pay a permit fee. Please refer to your background material of January llth for previous information. TEXT CHANGES: DELETION of a portion of existing Section 4.6.7(C)(5): 4.6.7(C) Prohibited Signs: The following signs, or sign features, are prohibited within the City of Delray Beach; however, exceptions as noted herein are allowed. It shall be unlawful for any persons to erect prohibited signs or ~~~ use prohibited sign features. \IT. t. , , P&Z Board Memorandum Staff Report LDR Text Amendment Re Banner Signs & Flags Page 2 (5) Banner Signs and Flags: B~lllt 4~ sign having the -, characters, letters, illustrations, or ornamentations applied to cloth, paper, or fabric or any kind with only the material for a backing including any animated or fluttering device designed to attract attention; except for two flag banners per residential development at times the model home or model apartments l~ are open for inspection; eSt ettept. t.He tZtIftf eSt '110 JdeSte t.Hall t.Ktee ('AI tl~t~1 eSt wHltH eSfte Jd-.f~t. )Se Q!.ltteteJlt. t teSa\ t.He eSt.Het t.weSl ~JlQ! ~-.ftK tZ~i~ m~t eSrizt teSJl~l~t. eSt t.H~ ~Jllt.eQ! St.~t.e~ tl~tl ~ tZ~t eSt AfteSt.Het ft~t.IeSJlI ~ ~Jllt.eQ! 8t.~t.e~ St.~t.e'~ tZAtl eSt ~ a'l-.fftltlp~l tZ~tl or except for the flags of service and civic clubs when displayed at respective meeting sites during meeting hours; and provided that flag banners shall be limited to an area of fifteen square feet per flag except for temporary banners flown in conjunction with Special Events as provided for in Section 4.6.7(D)(3)(1). ADDITION OF A NEW SUBSECTION 4.6.7(B)(12) (B) Exempt Signs: The following signs are exempt from the provisions of this Section, are allowed to be erected in the City of Delray Beach, and do not require a permit: (12) Official flags of any City, State, or Nation when flown pursuant to the United States Code, Title 36, Sections 173 to 176, inclusive, and under the following circumstances: ( a) at public buildings, or (b) at locations where official governmental businesses are located, or (c) upon residentially zoned land which is used for residential purposes, or (d) upon land which is zoned and used for non-residential purposes but with the following restrictions - upon a development which is less than - one acre in size, no more than three such flags, or combinations of flags, shall be allowed; - upon a development which is greater - than one acre in size, such flags may be flown in a display consisting of multiple flags not exceeding an intensity of greater than one flag per 15,000 sq. ft. of lot area. ADD DEFINITION: OFFICIAL FLAG OF THE UNITED STATES: A flag of the design and dimensions as set forth in Part I of Executive Order No. 10834. P&Z Board Memorandum Staff Report LDR Text Amendment Re Banner Signs & Flags Page 3 ANALYSIS: This approach is in keeping with the Board's recommendation that the exemption language be located in Section (B) which deals with Exempt Signs. Also, by keeping 4.6.7(C)(5) we do not remove or affect our existing prohibition of general banners and flag-type signing. By identifying national, state, and local flags as being exempt, they do not require permits and, thus, no fees apply except for those associated with the construction of a flag pole (when one is constructed). In order to provide some regulation so that abuse does not occur, the guidelines for the flying of the Official Flag of the United States are incorporated as rules to be observed. In order to identify the line between proper display and display for commercial purposes, the number of three flags per parcel is established. The three flags can all be of the same kind. Also, for parcels larger than one acre, the number of flags may be increased at the rate of one per 15,000 sq. ft. of additional development (parcel) area. A previously recommended provision for eliminating the number limitation for the Independence Day weekend has not been retained. RECOMMENDED ACTION: By motion, forward the proposed modifications, as presented in this staff report, to the City Commission with a recommendation of approval. Attachments: * Excerpts from the Uni ted States Code, Title 36, Sections 173-176 and E~ order No. 10834 Report prepared by: ~ ~u().c( DJK/PZFLAGS, DOC " ' SUGGESTION AS TO PROCEEDING WITH MODIFICATION OF THE SIGN CODE RE BANNERS, WIND SIGNS, FLAGS, ETC Change the existing text as shown below. Add a provision which exempts City, State, and National Flags. Add definition for Official Flag of the United States. _ (5) Banner Signs and Flags: B~lriW . h sign having the characters, letters, illustration, or ornamentations applied to cloth, paper, or fabric of any kind with only the material for a backing including any animated or fluttering device designed to attract attention; except for two flag banners per residential development at times the model home or model apartments is open for inspection; ~t ~tt~pt t~~ tltlriW ~f ri~t m~te t~ari t~te~ 131 fla~_1 ~t ~~lt~ ~ri~ m~_t ~~ ~lttet~rit tt~m t~~ ~t~~t t~~1 ari~ _~i~ tlaw_ ~at ~rilt i~ri_lst ~t tK~ ~rilt~~ $tat~_ tlaw' a f2aw ~t ari~t~~t riatl~riJ it ~ritt~~ $tat~. $titt~,. tli~' ~t a mlAri!ilpil tli~1 or except for the flags of service and civic clubs when displayed at respective meeting sites during meeting hours; and provided that flag banners shall be limited to an area of fifteen square feet per flag except for temporary banners flown in conjunction with Special Events as provided for in Section 4.6.7(0)(3)(1). (B) Exempt Signs: The following signs are exempt from the provisions of this Section, are allowed to be erected in the City of Delray Beach, and do not require a permit: (12) Official flags of any City, State, or Nation. when flown pursuant to the United States Code, Title 36, Sections 173 to 176, inclusive, and under the following circumstances: (a) at pUblic buildings, or (bl at locations where official governmental business are located, or (c) upon residentiallY zoned land which is used for residential purposes, or (d) upon land which is zoned and used for non-residential purposes but with the following restrictions =. upon a development which is less than one acre in size , no more than three such flags , or combinations of flags, shall be allowed; =. upon a development which is greater than one acre in size, such flags may be flown in a display consisting of multiple flags not exceeding an intensity of greater than one flag per 15,000 sq. ft. of lot area. ADD DEFINITION: OFFICIAL FLAG OF THE UNITED STATES: A flag of the design and dimensions as set forth in Part I of Executive Order No. 10834. DJK/FLAGS3.00C ... . ' ..-,. , , ., ,'.'. . '. . \'.. .,,<. ~:~:'.',. .' ...,. . . \ '. .-., ..,'" ...... .... '. . . "" . . . ~:;L...;.. '. .., ..'... - ...."-- f' I' <~ I'-~ " --..('0.- IJ'f 4"......< ~,t .....t1......,," ':":;;; ~,:::'.>/~.;,::.';, :.:;'.J . . FI ;"4'd'~'-"." - '. .'- ";; t-".-"'" tt' '.'~~ft. .' ;'~~'/::~2.>" ""~'''.......',''''.\ :4. ag'~ng e IlTlle e . .......g::.. " ..':\>;.~:::/\'j. . .' 07 ". ..:1- ~.7',_' : '.:if...': .' ',", :.:!:..'.~,. ..'... ..'.,....; 1 . ' p atrioUsm and commeJ"CI~h'Ul'l : ~~.;' :. . '.. . .::,:{:;'."":'::::::::'. ;';:. ":.':.1 are not the same thing. Delray Delra' y' s' hould stand' by f "t';7~1~'.': ,'~, .... ....'...:;;,.:..;:'.;..;,..,.,.;..::1., D-~ch eedsaOagordill2DCe . ",.' ,t...,:..' ,'.; ....'. '.',.... '. .' ~"1 . 'U1::4 n . . . ", ....., ,,' .. , .l.-. ...' . . ~'~.~.;:(-:~>.~.,::::\J/.,. thatmakesthedistJDcUoD.".~ its ordinance. to ban,'?r: \'.. ,.;.....:..,i,>. ..: "" ,~~~/~X.,.';:?~\..:;;>> .:'/,'1 . bUSlnThesse etoxJsntiyngthrOeerd1nancefla_ DOallr"WO o~ crass'commercial use" of . ,,"'>.,\V~'::.'.~~.,'..:.:.'. 1,..~J.,.....j,...I...'.r......{ ....... . . -.'~ ..:.... - \ ..J.\...... ...... ....~.:..{.,.,~o;..~.,..;,.... i:', ;'.: I which may be alite.'1n other words. the'Amen'can flag ,"""';' , ~ "':.\'.:.' '.' . .. . . ;.' ~.,. .;.'.:....;.:...., IJ. . ~ · '*}o / l , " .. . . .'. ..... ;,'. ,;./ ~':'.. ,:.:,:. ',] only one u.s. flag is allowed. Ugation. .,.... ..' . ~ , _' ;" ..:,.,....:- . '.' , , .::-.\..:.......,. '.;,,'" growlngoutoCcityacUonagalnstJohn , ~...... '.' J I~;.,~ . ..::';. ;,,::'.:":',>, :.-.:...... Prescott's service station led to a re- lowed three flap on the first acre of.. . i.:.:::.:'.:'. "',:.:';:'~:.'~..,::,::. .:,.', :'. examination of the law. A particular ~ property 8Dd ODe additional flag for"', I ,. '::j'.:-C'::','.. ,:~,,:.:..: ~ :;'.:.:...:.'..:'.: ...,:'.,;.. ~ concern, according to Plannin,g l)ireo.. each additiona115 000 square feet (a' : I ". ':~:::/''''''; - '. ...,..:':...~:,. ..',":,.. t 0 idK therequiremeDt. .ll_ f ) All '. . . .J............. ': ",,':,'~',:,~,,":::'>'''-:...::.., or av ovacs, was . , blhnorethanooe-uuulo anacre. ; '::".~;....':' " :,;,::>;"~",,,:,,'; ',''':.': .;','.. that no two nags be alite.. ....:t~ of the flags could be us flags - or '!, . :....;....., ". .', . ... .,," '.. t .. I" -. .f... ..... . I. l"" . >;::.~.~<<,:-.~~:':~:.,.>.:.~ . LastTuesday,theCityCommi!it"l:iOD aDY other.. "We're making it more: ' ,. ". .~:,<:'. ':." .... . ......,:::<r::~ .~'::-. <t.:'.:'i 'got its first look at the proposed permissive. .. Mr. Kovacs said.'::'; . ',~ . ":'r":""'~.::.;;::.:.?"/::'I 'c~nges,FromthereactioD,itSOWJd~ Some people won't be satisfied. :. .' . . ~:'.;';:.' .:.:;'.<': "';:'~.~ ;:...; ~"<I .' as if the city wanted to ba~ the Amen. "Wbocares bow many flags som~body ..' ." '~'. ~..:."~~-::""'~~i can flag. Some in the audi~ .waved wants to fly?" asked Barry Silver, ;. : .: . ,'. . ': '.~...>:->~' ..' ;":j flags. Others yelled at COIU1DlSSlOners. . attorney for Mr. Prescott. "No one .' , ' . .:}.:~~':':'..') :::'\::::: One said, "It's gonna kill me that should be ~ft2lir.ed for their patrio- . '-:.':" .', ,.. :.::;, :.'....'::1 someone's going tobave to pay to put lism." Mr. PrescoU originally ran ....,'. . ~:""". : ......... up the nag." afoul,of the city for displaying five U.s. . :'. -..: :.: . .. ~".~ ~. .;--: ;...', " .' . No one should have to pay to put up flags plus red, white and blue bunUog ": . :">': '.'~' . :~~;';~: '~.'. .::". ':':'" the flag. The portion of the new law at his West AUaotic Avenue staUon . . ''''. ,'. ~'.:. . Y::::.:',": ~. " . ''';'}'. . setting a $10 fee for flying a flag between Memorial Day and IodepeD- '" ':::':'" :. . :~:.'. ',' .. '.: . . .:: ".; . larger than 3 square feet should aDd deoce Day.' . . . : ..... < .':.;.;:",'. '/ ....:.. '. :- .:'.~ probably will be removed before the People who fly a plethora of U.S: .' .... :;: : ';'.' " ..:;:;.:::-..;<:....: ,.,.;. commissi~n aga.in consi~~rs the pro- flags - or one flag the size of Rhode ," ' .. '.' .; ,'. ;" . '. '" ." . '.' " . .' ~sed ordinance Jan. 26. I m sure that Island, for that matter - are not ; ',. ..' '.;' . .':. ......., the American nag will not have a fee demonstrating love of country. They '. .'. .' .. .: , ; ::', . ..,.,,'. .~.' associated with it," Mr. Kovacs said. are trying to draw attention to their' . '.~ .:., .: / ..' ....,: :......... . '. ' . Aside from tba~ however, the new businesses. That's commercialism. not '.: :. '.:. . ~. .... ..: :'. .,.:.' :" . ' law is a distinct improvement over the patriotism. The city has both the right :' '.: " ': " :,;.~ ,">'. '.'" . old one. Lost amid the tumult was the and the duty to impose reasonable ',.... .;.~ . .: ' ':'. :;' ,..., , .: fact that the new law is less strict tbao restrictions. just as it would with any , '. ';'. .~;<:~::...:..: ~ . ': the old one. Businesses would be at- , other form of advertising. ....' '<'?<.::':.;:';:\.'.,:. .-1 --CA"lyt 1380~ 1ttf~ -\~~)C)- ~- :~;,-:: :~..~.::." '.. 'I Y: .J .... _.... . .-~\",\ .. "'-;... '.' .. .,: '..' ".;.,.- ,..."'..,.... ,. I ",. ~:::"j\?.....q . 'h ...' ". C,. ; I' .; .."\" .. . \ . "... .)(:.), .'.'. .. .,. ..' ..' '\ ... . . , ' - CHAPTER I-THE FLAG See. 1. Flag; stripes and starS on. 2. Same; additional starS. 3. Use of flag for advertising purposes; mutilation of flag. , ~ 1. Flag; stripes and stars on The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field. (July 30, 1947, c. 389, 61 Stat. 642.) EXECUTIVE ORDER NO. 10798 Ex.Ord. No. 10798, Jan. S. 19S9, 24 F.R. tion 33 of Ex.Ord. No. 10834, set out as a 79, which prescribed proponions and sizes of note under this section. flags until July 4. 1960, was revoked by sec- t EXECUTIVE ORDER NO. 10834 Aug. 21, 1959, 24 F.R. 6865 j PROPORTIONS AND SIZES OF FLAGS AND POSITION OF STARS WHEREAS the State of Hawaii has this ings, Property, and Works]. it is hereby or. day been admitted ineo the union; and dered as follows: WHEREAS section 2 of title 4 of the United States Code [section 2 of this title) PART I-DESIGN OF THE FLAG provides as follows: "On the admission of a Seedoa 1. The flag of the United States new State into the Union one star shall be added eo the union of the t1ag; and such shall have thir1een horizontal stripes. alter- addition shall take effect on the founh day of nate red and white, and a union consisting of July then next sueceeding such admission."; white stars on a field of blue. and See. 2- The positions of the stars in the WHEREAS the Federal Property and Ad- union of the flaa and in the union jack shall ministrative Services Act of 1949 (63 StaL be as indicated on the attac!unalt 10 this 377), as amended [see Shon Title note under order, which is hereby made a pan of this section 471 of Title 40, Public Buildings, order. ............,.................-.....-. Property. and Works], authorizes the Presi- See. 3. The dimensions of the constituent --.. I~.'_'.'" dent to prescribe policies and directives gov. parts of the flag shall conform 10 the propor- eming the procurement and directives gov- tions set fonh in the attachment referred to in eming the procurement and utilization of section 2 of this order. propeny by executive agencies; and WHEREAS the interests of the Govern- PART II-REGULATIONS GOVERN. ment require that orderly and reasonable pro- ING EXECUTIVE AGENCIES vision be made for various matters pertaining See. 21. The foUowing sizes of flags are to the flag and that appropriate regulations governing the procurement and utilization of authorized for executive agencies: national flags and union jacks by eJlecutive agencies be prescribed: Dimensions of fla& NOW, THEREFORE. by vinue of the au- thority vested in me as President of the Unit- Hoist Fly ed States and as Commander in Chief of the Size (width) (lcn h) anned forces of the United States, and the Fm FHI Federal Propeny and Administrative Services (I) .............. 20.00 38.00 Act of 1949. as amended [see Shon Title note (2) .............. 10.00 19.00 under section 471 of Title 40, Public Build- (3) .. .. . . .. . . .. . 8.95 17.00 1111 4 9 1 FLAG AND SEAL. ETC. CII. 1,. ; Dimensions of na, .., So ru a .""...... (I) "" ..... '" , the Secretary of Defense under the proYisioas ' Hoist Ay of section 24(a) 0( this order, as they relate to Size (width) (length) the various orpnizational elements of the? 5 . F<<I F~et Department of Defense, shall be coordinated, ~ (4) ................ 7.00 11.00 and (2) th~ Secretary and the Administntor (5) ................ 5.00 9.SO shall mutually coordinate their actions WIder (6) ................ 4.33 5.SO that section. (7) ................ 3.SO 6.65 (8) ................ 3.00 ".00 Sec. 15. Subject to such limited excep. -. (9) ................ 3.00 5.70 tions as the Secretary of Defense in respect of (10) ............... 2.37 ".SO - (II) . . . . . . . . . . . . . . . 1.32 2.SO the Oepanment of Defense, and the Adminis- trator of General Services in respect of execu- . Sec. 22. Aags manufllCtUred or pur- tive agencies other than the Depanment of chased for the use of executive agencies: Defense, may approve, all national nags and .. union jacks now in the possession of executive (a) ShaD confonn to the provisions of Pan agencies, or hereafter acquired by executive I of this order, except as IDlY be otherwise agencies under contracts awarded prior to the .... .c authorized pursuant to the provisions of sec. date of this order. including those 50 pos.. ;;; '- tion 24, or except as otherwise authorized by sessed or 50 acquired by the General Serv\ces - the provisions of section 21, of this order. Administration for distribution to other agen- (b) Shall confonn to the provisions of sec- cies, shall be utilized until unserviceable. tion 21 of this order, except as may be other- wise authorized pursuant to the provisions of PART IlI-GENERAL PROVISIONS section 24 of this order. See. 23. The exterior dimensions of each Sec. 31. The nag prescribed by Executive union jack manufactured 01' purchased for Order No. 10798 of January 3, 1959, shall be a.. executive agencies shall equal the respective the official nag of the United States until July --r exterior dimensions of the uniou of a flag of a 4, 1960, and on that date the flag prescribed , size authorized by or pursuant to this order. by Pan I of this order shall become the - The size of the union jack flown with the official nag of the United States; but this national flag shall be the same as the size 0( section shall neither derogate from section 24 : .:... the union of that national na,. or section 2S of this order nor preclude the , . See. 24. (a) The Secretary of Defense in procurement, for executive agencies, of flags . .:: provided for by or pursuant to this order at '. respect of procurement for the Department of ~ any time after the date of this order. Defense (including military colors) and the ~ Administrator or General Services in respect See. 31. As used in this order, the term .- 0( procurement for executive agencies other "executive agencies~' means the executive de-- -~ than the Department 0( Defense may. for partments and independent establishments in ,~ caU5e whicb the Secretary or the Administra- the executive branch of the G~mment, in. ~ tor, as the case may be, deems sufficient, eluding wholly~wned Govemment"eorpora~ 'r make Decess&lY minor adjUStJDents in one or tions. :.;:'~ more of the dimensions or proportionate di- "', mensions prescribed by this order, or autho- See:. 33. Executive Order No. 10798 of "t: rize proportions or sizes other than tbose January 3, \959, is hereby revoked. prescribed by section 3 or section 2\ of this DWIGHT D. EISENHOWU order. 1112 , , Ot. 1 THE flAG 4 S 1 Note 1 .'. ~'ntI1rrilJI t1 GlNI tTMlAltI. t: :t t ~ i~~ i " .. ::: .. p~i ~ ") . ~ ~ 4Q i :;l I:l ~ ~ It 0 ~ ' , 0 ~ q ~ 101 It ~ ~ Q ~ "\ _.- :;~~ i "ir..; ~ -. .. ~.., ~... '''' ". ", Library ReCerenc:ea United States 4:=>5'h. CJ.$. F1ap f 2. CJ.S. United States S 8. Notes of Dedsiona 1. DlKredoa 01 President by statute, but within the discretion of the Placing of fringe on the national flag, the President as commander-in-chief of the army dimensions of the flag. and arranB,cmcnt of and navy. 1925. 34 Op.Alty.Gen. 483. the stan are matten of detail not controlled 1113 -- ~.. ... 36 ~ 172 PATRIOTIC SOCIETIES. ETC. Ch. 10 i Ch, 10 PATRIOTIC C Note 1 r Bolling v. Superiur Court (or Cbll.llII laghan. 1'1711 III N.q County, 1943, 133 P.2c..1 803. 16 Wash.2c..1 Misc.2d 157. . 373. t This seclion and ~ctio r Ihis tille codifying e)tisting f ~oms for display and u~ (' ~ 173. Display and use of flag by civilians; codlflcatlon of lans does nOI d('pri\e the rules and customs; deflnltlon , i ~ 174. , The following codification of existing rules and customs pertain. I Time and ing to the display and use of the flag of the United Stales of America . is established for the use of such civilians or civilian groups or (a) Displays on building organizations as may not be required to conform with regulations I It is the universal ~ promulgated by one or more executive departments of the Govern- sunset on buildings a; ment of the United States. The flag of the Vnited States for the ever, when a patriOlil purpose of this chapter shall be defined according to sections 1 and ~ twenty.four hours a d; 2 of Title 4 and Executive Order lOS3~ issued pursuant thereto. , darkness. i (June 22, 1942, c. 435, ~ I, S6 Stat. 377; Dec. 22, 19~2, c. 806, 9 ], 56 Slat. r 1074; July 7, 1976, Pub.L. 9+-34~, 9 1 (l), 90 Slat. 810.) (b) Manner of hoisting ~. I The flag should be HISTORICAL A.-":D STATl-rORY I<\OTES 1 Revl.lon Note. and Legl.lath'e Rep<lrU 2~ F.R. i9, "hich is loCI Oul as 3 nole 1 (c) Inclement weather 1976 Act. Senale Report No. 9~797, under loC1:tion 1 of Tille ~. Flag and Se:ll, f see 1976 U.S.Code Congo and Adm-Sews. Seat of Go\ernment. and the Slal('s. f The flag should nol p. 1515. ..\mendmenu Reference. In Text 1976..\mendmenL Pub.1- 9~3~~ add. i inclement, except whe This chapler, rderred 10 in tellt, proba. cd pro\ isions defining "na~ of the Unit. bly means chapter 435 of Act June 22. cd Slales. for purpo~s of this chapter (d) PartIcular days of dlr 1942. S6 Stat. 380. which comprises 5<<' according to loCctions 1 and 2 of Tille ~ tions 171 to 178 of this title. and E.'~eru!i\e Order 10S3~. The flag should be d Executive Order 10834. referred to in 19-42 AmendmenL Act DC"C'. 22, 19~2, Day, January 1; Inaug texl. is Ex. Ord. No. 10834, Aug. 21, 1959. recnaC1ed SoC"C'tion without change, February 12; Washin: CROSS REFERE.'\CES Easter Sunday (varia(' Modification of rules and customs by Pre-sicent. see 36 l'SCA ~ 17!!. Armed Forces Day, II staff until noon), lhe WESTlAW ELECTROSIC RESEARCH Independence Day, ju~ See WESTLAW guide following the E."p!analion pages of this volume. Constitution Day, Sept October; Navy Day, NOTES OF DECISIOSS Thanksgiving Day, fou Generally 2 scrit'l:on but are an e'lrre"ion (I( C'Us, December 25; and SIll Purpo.e I tom and uS.:!ge "hieh is desi~nc'd for, President of the Unit, State and local reaulaUoru 3 and sho:.:ld be used by ci\'ilian authori. tic:s. including school 'di~rrkts. Lapolla admission); and on 5r 1. Purpole \. Dullagnan. 19;0.311 N."l'.S.2d .uS. 63 Federal nag code is not inlended to Misc.2d 157. (e) DIsplay on or near ae proscribe behavior but is fashioned as 3. SUle and local re-gut.tlonl The flag should be d expression of pre\'alent custom and Flag regulalions of State Commission usage regarding display of American tration building of eve nag. Lapolla v. Dullaghan. 1970, 311 of Eat.:C<llion determining material and N.Y.S.2d 435. 63 Misc.2d 157. size of nag. manner and place of display, (f) Display In or near pol 2. Generally eMe of nag and pledge to the nag are consti::.:tional and do not contra\'ene ej. The flag should be I Federal nag code pro\;sions are nOl to thr l'nited State-s C~:mstitution or New be accorded full weight of stalutof')' pro- Yor~ S:ate Constitution. Lapolla \'. Dul. election days. 176 , ' nis,' .ETc.: Ch. 10 Cb. 10 PATRIOTIC Cl"STO~'S 36 ~ :174 Iaghan, 1970, .311 N.YS.2d ~J ~, toJ J'O"er to r('"~ulale the ((Induct of ('ili -ell', Misc.2d 157, of the st~te to"'ard the l'niled State~ n:lg This section and section 1 H-I i5 of "hen such conduct is likelv to prod!. c(' a this title codifying e:l:isting rules -and cus- breach of the pC'ace wilhin their hordC"r~. toms for display and use of nag by ci\il. Prople \', \'on Ro~C"n. 195/l, 147 N, ,.2d IS; codification of ians does not deprive the st~tes of l~e 327, 1.3 1II.2d M. ,.. ~ A 174. ? Time and occasions for displa)' d customs pertain- , j States of America (a) Displays on buildIngs and stationary flagstaffs In open; night display civilian groups or 1 rn with regulations It is the universal custom to display the flag only from sunrise to -nts of the Govern- sunset on buildings and on stationary flagstaffs in the open. J hI\\'- lted States for the ever, when a patriotic effect is desired, the flag may be displa;cd g to sections 1 and twenty.four hours a day if properly illuminated during the hours of pursuant thereto. darkness. . c. 806, ~ 1, 56 Stat. (b) Manner of hoistIng J.) JTES The flag should be hoisted briskly and lowered ccremoniou<,ly. ~h is set out as a note .. (C) Inclement weather ;f Title 4, Flag and Seal, lent, and the States. The flag should not be displayed on days when the weather is ,ent. Pub.L. 94-344 ad~- inclement, except when an all weather flag is displayed. fining "nag of the Umt. ,- (d) Particular days of dIsplay urposes of this chapter tions 1 and 2 of Title 4 The flag should be displayed on all days, especially on New Yec,r"s rder 10834. lent. Act Dec. 22. 1942, Day, January 1; Inauguration Day, January 20; Lincoln's Birthday, n without change. ,0 February 12; Washington's Birthday, third Monday in February; .. Easter Sunday (variable); Mother's Day, second Sunday in M1Y; Armed Forces Day, third Saturday in May; Memorial Day (half. USCA ~ 178. staff until noon), the last Monday in May; Flag Day, June !4; RCH Independence Day, July 4; Labor Day, first Monday in Septemb~r; Constitution Day, September 17; Columbus Day, second Monday in of this ~olume. October; Navy Day, October 27; Veterans Day, November 11 ; Thanksgiving Day, fourth Thursday in November; Chrislmas Day, -e an expression of cus- December 25; and such other days as may be proclaimed by the which is designed fo~. President of the United States; the birthdays of States (date of used by civilian authon- admission); and on State holidays. school districts. Lapolla no. 311 N.Y.S.2d 435, 63 (e) Display on or near admlnlstratJon buildIng of publiC Institutions l>C&l regulatlon.l The flag should be displayed daily on or near the main adminis. .)ns of State Com~ission tration building of every public institution. letermining matenal and nner and place of display, (f) Display In or near pcll1ng places ld pledge to the flag ar~ md do not contravene et. The flag should be displayed in or near every polling place on 3tes constitution or New .stitution. Lapolla v, Du!. election days. 177 --, ----.-. ---.....,. ".~"... - ~ ..' ~ -,. . ~ -- .. ... 36 ~ 174 PA TRIOTIC SOCIETIES, ETC. Ch. 10 I Ch. 10 PATRIOTIC C (g) Display In or near IchoolhoUln ! toms pcrtainill~ tll 111,- .11'1'1 j the flag of the Unitcd Stall" The flag should be displayed during school days in or ncar C\'cry approved June 22, I Q~2 174(a)) {subscc. (a) of lhi.. schoolhouse. flag of the United SI,lIl" (If (June 22, 1942, c. 4J5. ~ 2, 56 SIal. JiS; D~, 22. 19~2. c. 806, 9 2. 56 SIal. be flown for twcllly.ft'llr II day on the grounds of the: 1074; July 7, 1976, Pub.L. 9~3~.J. g 1(2H5). 90 Stat. 810.) 1 HISTORICAL A..'\D S1:\ 1ljORY ~OTES ~' . , r Re\'lslon NOles and legtslalh'e Report.. tl':t" ci~lay and U5oC' of Int" n:1!,! uf Iht" 1 1976 Act. Senate Report No. 9+-797. l'r.ilL"d Sutes of Amcrica', <lJ'J'r (I\'('d I J see 1976 U.S.Code Congo and Adm.News. Jur:e 22, 19J2. as aml'ndcd l~l'l1i(>m, 171 DISPL\ Y (IF II p. 1515. to liS of this tilld, aUlhorily is hcreb)' Codifications cO:'.~crTed on the arrrorriate (1ft icer of . The Washington ~tllllllr t!:c S~.1Ie C1f :'\t;l~land 1(' permit lhe n)', Veterans Day was substituted for Ar. ir!i of l'lC n:l~ of I he t'nJ1e-d Sf ;Ilt', lur day and night as Amcrka'.. I, misliee Day, to conform 10 lhe rro\ j. t\., ('~~!~ .Io~lr houl ~ l.f c<ld) d<l~' in Flag first President. The fif I~' A II siolls uf Act June I. 195~. c. 250. 68 Stat, I! Q ''; s.c Square, AJr-cmarle and Prall that encircle the b;lse of I Ill' 168. See section 6103 of Title 5, Govern. S:re:'~~s.. Baltimore, :'\b~land. represent our fifty SI:llt'" ment Organization and Employeeo;, ~Se-c. 2- Subj<<1 10 the rrn\ i,jt'll" of same time, symboli7.c our l'\ Amendments section 3 of Ihe joint n"..(,lutiull (.1 June eral Union. 1976 Amendment, Subsec. (a). 22, IQ~2, as amer:dcd (..eeliun )7~ (.1 this As this Nation's 200lh : Pub.L. 94-344, ~ 1(2), substituled pro\'j, lil!d. atJ:horil~' is ;ll<.O n'nlern'd "" lhe proaches, I belie.\'e that it \, sion permitting display of the nag for H ;lri'roFriale offic.er 01 1he Slale (.1 M;ll')" Americans well to rememol hours a day to produce a patriotic effect la:1d to permit the fl~'jng c,f a H'rliea of of our first President and t. if flag is properly illuminated during the the r1;!.g of the llnitC'd St<!lC'S "hie h \\'as enduring ideals of our ~alio hours of darkness, for pro\'ision permit- in U5oC' during Ihe War of IS 12 Ivr I\\'('n. As an expression of our r ; ting night display of the flag upon spe. t~'.four hours of e.1ch da~' in flag House to the ideals of America ;lnt 1 cial occasions when it is desired to pro- $q'.lare. Albemarle and Prau SlIcel.., Bal. ance with the joint r"..olull i duce a patriotic effect. timore, :'\lal')land." gress of June 22, 1942 (56 S i Subsec, (c), Pub,L 9+-_H~. ~ I(3). udngton, \lusachusells; DI"pla~' of amended by the joint rcsolu I added provision exeepling displa)' of all Flag cember 22, 1942, (56 Stal. \ ; weather nag. Pub.L S9-335. So\'. ~, 1965, 79 Slat. section], which permits the Subsec. (d), Pub.L 94-344. ~ 1(4). 129~. pro\jdL"d: Iha1. nOlwilh!'1anding displayed at night "upon sr eliminated references to "when the any ru!e or cuSlom pt'l1ainin!; to Ihe sions when it is desired to weather permits" following "displayed display of the 03g of thc t'n;led SI3les of patriotic effect," it is arrn on all days" and "Army Day, April 6" America 3S ~t lul1h in the joint resulu. our national colors hcnecf(l preceding "Easter Sunday", added refer. rion entilled 'Joint rl'\oU)ulion 10 codify ence to "Armed Forces Day, third Satur. and e:r.;:J~;!~j7e e:o;isling ruks and eus. day in May", and substitured "rhird Mon. tel'r.S poenainjr.~ 10 the display and use of PI< day in February" for "Febru3T)' 22", "the the fl;!.g of Ihe l'nitL"d SlalC'~ of America', last Monday in May" for "May 30". and appro', ed June 22. IOJ2 06 t'.S.C. :-.' "second Monday in October" for "Octo- 171-li8) t~ions 171 to 17S of this ti. DISPLAY OF FL\G ,\T ber 12". tld. the flag of tnt" t'nitC'd Stales of Subsec. (e). Pub.L. 9+-344. ~ 1(5). Amt"ric.l mOl\' be nown for twent\'.four The flag of the United Sl:ltc houro; of ea:h da~' on Ihe peen ~f Ihe struck out ", wcather permitting," fol. town of Lc:T.ing1on. :'\b~~chus.t"tlS. The one of the first thin!,!s 5oC't"n . lowing "displayed daily". fbg rr.:!y not be nown pursuant 10 the toms ports of entr)', both b\ 1941 Amendment. Act D~. 22, 1942. authorit\. conlained in this Act lthis citizens returning from abre substituted "fourth Thursday in No\'em. notel C~rir.g Ihe hours from sunst'1 10 travelers from other COllntrie ber" for "last Thursday in No\'ember." sunri5oC' unless il is illuminated." As the symbol of (llIr UIlIIlI Flag House Square, Baltimore, MaT)" \'alle~ Forge Slate Park. Penn"~ h anla; freedoms, the nati(lll:ll Cl.I( United States provide a \, dc lpnd; D11pluy of J=lag: Time Display of Flag iog of warm promise. Act Mar. 26, 1954, C. 109, 68 Stat. 35. Pub.L 9.L-53. Jul\' ~, 19i5, S9 Stat, Many people, howe\'(~r. provided: 259. pro\ic!d: '7h3t, notwithslanding country at night whl'n Ihe I "That notwithstanding any rule or CU5- the rule or C'.;slom penOlinin~ 10 Ihe dis- flown, because of llll' ll(',IlI~ tom pertaining to the display of the n:lg play of II~e n:lS 01 lhC' l'nilc-d 51:11e-\ of custom of displaying it olll~' of the United Sl;lle~ of America ;l~ ~t Arncrh:.l b-c:\\ccn sunri5oC' and ~un~e1. as rise to sunset. forth in the joint resolution entitled sct fOl1h in s.cclion 2{Ol) of Ihe joint reso- Authority exists to amend 111 'Joint resolution to codify and emphasize lution, er.lit!d, 'Joint rew!ution 10 codi- A Congressional joint resoltlli, existing rules and customs pcl1aining to fy and e~r~J.size eT.iSling rules and eus- 178 . , ~TC. Ch. 10 Cb. 10 PATRIOTIC CUST()~tS 36 ~ 174 toms pertaining to the display and uS<.' of r:-:Q~::J .\~ch in "alley FOfFe Sl:1le I';lrk, the flag of the United States of ,-\merica'. ,.<!~~C\ Ff)~FC'. rcn~~\ h .1~i3. lnC' fb~ . near every approved June 22. 19~2 (36 lJ.S,c. n~a~ '~01 r-e n,,,,n r~r~uanl 10 Ihe ;llJ. 174(a)) [subs~c. (a) of thiS secll~lOl, lhe tnori!\ conl.1ined in Ihj~ Act Ilhi~ nllld flag of the UntIed Slales of Amenca ma\' duri:",~ I!-:e r.ot:rs I!'Om ~un!-el 10 ~unri~e 1:. 2 56 S be flown for twenty.four hours of each ! -. . '11 . _~ . '3, tat. day on the grounds of the National .'ote. ur. e50S II I~ L ummal"",. PROCLA.'lA TIOSS I le flag of the PROCL\.\fA TIOS SO. ':06~ ca', approved Julv 6, 1971,36 F.R. 12967 I [sections 171 - rity is hereby DISPLAY OF FL-\GS AT THE W,\SIIISGTOS .\IOSD1EST ale officer of crmit the fly- The Washington Monumenl stands p13~ cd <hy and night al Ihe Wa~hin~on cd States for day and night as America's tribute to our .'olon:.:;r: cr.1. day in Flag first President. The fifty American flags SOW. THEREFORE. I. RICHARD : and Pratt that encircle the base of the Monument SIXOS. Prc~jdcnl of Ihe l'ni1ed S13te~ pf d. repr~nt our fift~ States and,. at .the Amerie.1, d" J-cre"~ rrcxbim Ih:!1, dIn. lrovisions of same tu:ne, symbolize our endunng ('ed. Ihe Ju!y .s. 19i1 Ihe fifl~' fb~~ tll the :Iion of June eral Umon. L'ni~cd S~~~e~ C)f America di~rl3~ed al n 175 of Ihis As this Nalion's 200lh YC;Jr ;Jp- lhe Wa'hjr~~on. .\tonumcnl in the-. J>i~. erred on the proaches, I believe thai it would do all Inel of COh~f1ll'-13 Ix- f~own al all limn ale of ~ary- Americans well to remember the ~cars durtng tc o.ay. and I1Ighl, c\Ce-pl \\ he-n a replica of of our first President and 10 recall Ihe the \, e.1:..cr IS Inclement. ; trhich was enduring ideals of our Nation. The rules and cusloms rertainin~ 10 . or twen- ... the ci~t'!a\' of Ihe flag as sel forth in the Flag House As an expressIOn of our rededication .. t ""1; f J .,., 10'" S t th 'd I fA' d . d JOIO rcs.o. ~ .on 0 unc ._, ,"., as treets, Bal. 0 e leas 0 menca an 111 accor . d oj I . 1-3 I (Ih" ance with the joinl resolulion of Con. amen e !-e'ClIon " e seq. O. IS II' 01. . gress of June 22. 1942 (56 Stat. 377). as lIe), .ar~ r.e.reby ~odlfjed accordlOgl~'. play of amended by the joint resolution of De. I~ \\ IT~ESS \\ H~R~OF, I ha\'e here. _ 79 cember 22, 1942, (56 Stal. 107~) [this ~nto s.c! my hand Ihls slxlh. day' of July, 'h S~at, sectionl, which permits the nag 10 be 111 Ihe ~ear of our Lord I1Ine-le-en hun. t standmg displayed at nighl "upon special acca. dred se\ enty..or;c~ and of the IndC'~n. 19 to the sions when it is desired 10 produce a dence of Ihe l n11cd Stales o( Amenca . States of patriotic effecI," it is appropri:lle that the one bndre-d ninety. sixth, nt resolu- , I I h f h L_ d' N to codify our natlona co ors ence ort oc IS- R'unJ>fl 1\"" and cus- nd use of '\merica' PROCLAMA T[O~ SO. .H 3 I 6 U:S.c:, MayS 1972 37F.R.9311 )f thiS ti- , ' , :>Iates of' DISPLAY OF FLAG AT UNITED STATES ClJS'TO.\iS PORTS OF E~TRY if :nly.four , . ,! ' n of the TheflagoflheUnitedSlalesshouldbe 22, 19-1:! (:6 5:.11. 3ii). as ame-nde-d 136 ":1 ts. The one of Ihe first things scen at our Cus- l'S.C. 1i3--178), permits Ihe flag 10 Ix- ,!:!l t to the toms ports of entry, both by American displaye-d at night .upon sreciaJ occa. I',i;,~ ct [this citizens returning from abroad and by sions wr.en it is de-sired to produce- a I, !'; Inset to travelers from other countries. palrio!ic dfm.-j:I!1 As the symbol of our counlry and our I belie\ e it :s appropriale Ihal reo. ! !'I~ ,Ivanfa; fr~oms, the nat.ional colors of the turning citizens and visilor.; (rom olher i,i;i!1 ~mted Stales prov,lde a welcome greet. counlrie<; be "eJcome-d by our flag .';~!l ,9 Stat. mg of warm promlsc. whelher .Ihey ani\e at their pons of en. '!!illll 'anding Many people, howe\'er, enler our Irr by nlg~t or by day. i,qlt. the dis- country at nighl when Ihe flag .is not SOW, THEREFORE, I. RICHARD IW!!;'i. ates of flown, beca~se of. the. nearl! Universal ~(XO.S, Pres:dent of the l'niled Slale-s of 'I":.l,~t:, ,set, as ~om of dlsplaymg It only from sun. Amenca. do h'reb~' proclaIm Ihat thc ,'(,::1: t reso- nse to sunset nag of the l'nilcd Sl:!te~ of Arne-rica ~hall Fil!l ( ) cod i- Authority exists to amend Ihal cu~tom. hereafter be dlsrlayed .11 all lime-s duro 1,,:,II,II'h., deus- \ A Congressional joint resolution of June ing the day and nighl. excepl "hen ,he ,:Ii l~ 179;.:1! j1r:,f', I" '" :!1 :~ 'iI.!:!' --- .-' ~ .. . . ".1'-'- 36 ~ 174 PATRIOTIC SOCIETIES. ETC. Ch. 10 Ch. 10 PATRIOTIC C weather is inclement. at United States I~ WIT~ESS WHEREUF. I h:l\e here. of States or localitie Customs ports of entry which ;u-e contino un!o set my hand this ftfth d:l~' of May, displayed from staffs ually open. in che ~eM of our Lord njnetC'en hun. (f) When flags of The rules and customs pertaining to drC'd SC\ ent~"I"O. and of the Indepen- the display of the nag. as set forth in the del1ce of the l'nitC'd Slates (If ArnC'rica societies are flown 01 joint resolution of June 22, 19U, as t~c one hundrC'd ninet~'.~i1(th. States, the latter shOl amended, are hereby modified accord. ingly, RJC"1\4RD NIXON flown from adjacent CROSS REFEREXCES hoisted first and 10\' placed above the fla Modification of rules and customs by PrM:der.t. see ~f- l'SC.-\ ~ li[l. flag's right, National observances. display of nag. see Jf- l'SCA ~ I ~ I et scq. (g) When flags of t WESTl.A W ELECTROXIC RESEARCH be flown from separ See WESTLAW guide following the E'planation pages of this ,"olume. be of approximatel) display of the flag ( ~ 175. Position and manner of display time of peace. (h) When the flag The flag, when carried in a procession with another flag or flags, projecting horizonta should be either on the marching right; that is, the flag's own right, ny, or front of a bui or, if there is a line of other flags, in front of the center of that line. the peak of the staff (a) The flag should not be displayed on a float in a parade except suspended over a sic from a staff, or as provided in subsection (i) of this section. pole at the edge of (b) The flag should not be draped over the hood. top, sides, or union first, from th , back of a vehicle or of a railroad train or a boat. When the flag is (1) When displaye i displayed on a motorcar, the staff shall be fixed firmly to the the union should b( i chassis or clamped to the right fender. to the observer's lcf (e) No other flag or pennant should be placed above or, if on the be displayed in the ~ same level, to the right of the flag of the United States of America, of the observer in t except during church services conducted by naval chaplains at sea, 0> When the flat when the church pennant may be flown above the flag during should be suspend! ; church services for the personnel of the Na\')'. ~o person shall east and west stre display the flag of the United Kations or any other national or (k) When used 0 international flag equal. above, or in a position of superior prom- should be display! inence or honor to, or in place of, the flag of the United States at played from a staff any place within the United States or any TerritoI')' or possession United States of thereof: Provided, That nothing in this section shall make unla\\ful prominence. in at: the continuance of the practice heretofore followed of displaying honor at the c1cr~ the flag of the United Nations in a position of superior prominence Any other flag so or honor, and other national flags in positions of equal prominence clergyman or spca or honor, with that of the flag of the rnited States at the head. quarters of the United Nations. (1) The flag sho (d) The flag of the United States of America. when it is displayed unveiling a statue with another flag against a wall from crossed staffs. should be on covering for the SI the right. the flag's own right, and its staff should be in front of the (m) The flag. \\' staff of the other flag. the peak for an ir (e) The flag of the United States of America should be at the The flag should b( center and at the highest point of the group when a number of flags the day, On Mem 180 " ' ~C. ChI 10 Ch.l0 PATRIOTIC CUST()~'S 36 ~ 175 , I have here- of States or localities or pennants of societies are grouped and day of May. displayed from staffs. ineteen hun- 'he Indepen- (f) When flags of States, cities, or localities, or pennants of of America societies are flown on the ~,me halyard with the flag of the United ft. States, the latter should always be at the peak. When the flags arc lARD NIXON flown from adjacent staffs, the flag of the Cnited States should be hoisted first and lowered last. No such flag or pennant may be 3. placed above the flag of the United States or to the United States flag's right. (g) When flags of t\',,'o or more nations arc displayed. they arc to be flown from separate staffs of the ~'lme height. The flags should Ie. be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace. or flags, (h) When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill. baleo- wn right, . ny, or front of a building, the union of the flag should be placed at that line. : X: , the peak of the staff unless the flag is at half staff. When the flag is Ie except.,i suspended over a sidewalk from a rope e:&:tending from a house to a section. ;;., pole at the edge of the sidewalk, the flag should be hoisted out, 5ides, or '. union first, from the building. 'e flag is.' (I) When displayed either horizontally or \'ertically against a wall, / to the the union should be uppermost and to the flag's own right, that is, to the observer's left. When displayed in a window, the flag should f on the: be displayed in the same way, with the union or blue field to the left tmerica, of the observer in the street. ; at sea, m When the flag is displayed over the middle of the street. it during should be suspended vertically with the union to the north in an 'n shall east and west street or to the east in a north and south street. >fial or (k) When used on a speaker's platform, the flag, if displayed flat, - prom- , tates at should be displayed above and behind the speaker. When dis- session played from a staff in a church or public auditorium, the flag of the 1 lawful United States of America should hold the position of superior )laying prominence, in advance of the audience, and in the position of inence honor at the clergyman's or speaker's right as he faces the audience. inence ;1 Any other flag so displayed should be placed on the left of the : clergyman or speaker or to the right of the audience. head- (1) The flag should form a distinctive feature of the ceremony of played .' unveiling a statue or monument, but it should ne\'er be used as the i covering for the statue or monument. be on ".' ~ of the . - (m) The flag, when flown at half-staff, should be first hoisted to <> the peak for an instant and then lowered to the half-staff position. al the The flag should be again raised to the peak before it is lowered for ~ flags . " . the day. On Memorial Day the flag should be displayed at half.staff 181 , .. ...--- ,-".. '''''' f l~ 36 ~ 175 PATRIOTIC SOCIETIES. ETC. Ch. 10 ' ChI 10 PATRIOTIC CUSTOMS until noon only, then raised to the top of the staff. By order of the HISTORICAL ANl President, the flag shall be flown at half.staff upon the death of Revision Note. and Lcgldall~(' R('(X~~ . . I f' f h U . d S G d h 1953 Act Senate Report So. ~3-_. pnnclpa 19ures 0 t e nlte tates overnment an t e Governor i 1953 u.S.Code Congo "nd ,\dll1.Ne\\ of a State, territory, or possession, as a mark of respect to their :.e1850. memory. In the event of the death of other officials or foreign ~ 1976 Act. Senate Re(Xlr1 ~o. Q~-iq ; dignitaries, the flag is to be displayed at half.staff according to see 1976 U.S.Code Congo "nd Adm.~e\\ Presidential instructions or orders. or in accordance with recog. I p. ISIS. nized customs or practices not incon5ist~~t with law. In the event i ~:~:me~endment. 5ub"t'c. (I- of the death of a present or former offICIal of the gO\'ernment of Pub.L. 94-344. S 1(6) sub~tituted "ri~ any State, territory, or possession of the United States. the GO\'ernor fender" for "radi"tor cap", of that State, territory, or possession ma\' proclaim that the Nation. Subsec. (0. Pub.L. 9~d 3.U. ~ nl( i h f f 'h fl substituted "'0 ,he Unile Slales ag I al flag shall be flown at al -staf. T e ag shall be flown at right" for "to the righl of Ihe n:lg of II half-staff thirty days from the death of the President or a former ; United States". President; ten days from the day of death of the \'ice President. the I Subsec. (i). Pub,L. 9~3~~. S I(S i Chief Justice or a retired Chief Justice of the l'nited States, or the substituted requiren~enl Ihal when d . flag is displayed horuontal\~' or \etlle. Speaker of the House of RepresentatIves; from the day of death ainst a wall or in a window. Ihe unw until interment of an Associate Justice of the Supreme Court. a :~ould be uppermost "nd to the nag Secretary of an executive or military department. a former Vice own right for rcquireme,:lllh:lt when II' . .. flag is displayed Olherwl~e than frol11 President, or the Governor of a State, tern tory, or possessIOn; and staff. it should be di~played nal. "hcllI, , on the day of death and the following day for a Member of indoors or out, or so su.spended Ihal : : Congress. As used in this subsection- falls as free as though It were slaffel I ",. . Subsec. (k). Pub.L. 9~Ht ~ I(q ; : " (1) the term half.staff means the position of the flag when eliminated provisions rdating 10 n..g P' ! : ; it is one-half the distance between the top and bottom of the I!:' staff; PROCl " r (2) the term "executive or milit311' department" means any PROCLM\, t~ . agency listed under sections 101 and 102 of Title 5; and Mar. 1, 1954, 19 F.R. 1235.;ls <llll.cr I H. (3) the term "Member of Congress" means a Senator, a Rep- F.F ll'.~' resentative a Delegate or the Resident Commissioner from DISPLAY OF FL\G AT HALF- I . . ' , . LS A~D . , Puerto RICO. OFFICIA . . , (n) When the flag is used to cover a casket, it should be so placed WHEREAS it is apl'ropri:lle 111:11 II h h . . h h d d h I f h Id h fl flag of the Uniled Slates of Amenc.. t t at t e union IS at t e .ea an over tee t s ou cr. T e ag flown at half-staff on Federal buildinj: I . should not be lowered 1Oto the grave or allowed to touch the grounds, and facilities upon Ihe de~lh , I I ground principal officials nnd former officials, ~ ' " . the Government of the Uniled 51..I,es 31' ; . ( ) Wh h fl' d d 'd I bb . the Governors of the Slales. TernlOnc o en t e ag IS suspen e across a corn or or 0 y 10 ad' ns of the Uniled Stales as building with only one main entrance, it should be suspended :'arr~::~~t to their memory; an . ; vertically with the union of the flag to the obsen'er's left upon WHEREAS it is dcsi~able Ih31 rules ~ , . ' . If h b 'ld' h h . h fl rescribed for the uniform obscC\'''m entermg. t e UI 109 as more t an one maIO entrance, t e ag Pf tho k f , b\.' ~II execuli\ . . 0 IS mar 0 respcc J U ' should be suspended vertically near the center of the corTldor or departments and agencies of the GO\W lobby with the union to the north, \",hen entrances are to the east ment. and as a guide 10 the peo~le of th d h h h h d h Nation generally on such occasions; an west or to t e east w en entrances are to t e nOrt an sout. HEREFORE 1 DWIGHT [ If h . h d" h . h Id NOW, T -, . t ere are entrances 10 more t an two Irectlons. t e unton s ou EISENHOWER. President of Ihe Unit~ be to the east. States of America and Commander I Chief of the armed forces of Ihe Unite: (June 22, 1942, c. 435. ~ 3, 56 Stat. 378; Dec. 22. 19~2. c. 806, ~ 3. 56 Stat. States, do hereby prescribe and proclall 1075; July 9, 1953, c. 183, 67 Stat. 142; July 7, 1976, Pub.L 94-344. the following rules wilh respect 10 tr ~ 1(6)-(11), 90 Stat. 810. 811.) display of the nag of Ihe Unlled Sillies ( 182 rc. ChI 10 Cb. 10 PATRIOTIC CUSTOMS 36 ~ 175 rder of the HISTORICAL A."iD STATl-"TORY SOTES e death of Revision Notes and legislative Reports sit ion \\ r.en displayed on a suIT in the : Governor . 1953 Act. Senate Report No. 8l-258. chancel of a church or speaker's plat. , , see 1953 US.Code Congo and Adm.News, form of an audilorium. :t to their p. 1850. Subs<<. (m). Pub.I- 94-344, ~ l( 10). 'Jr foreign 1976 Act. Senate Report No. 94-797, added prQ\isions relating to halhlaff :ording to see 1976 U.S.Code Congo and Adm.Sews, display of the nag on Memorial Day' and 'ith recog- p. 1515. upon the death of principal figures of the event Amendmenl.l the Cnited States go\emmrnt and Slate :oment of { 1976 Amendment. Sub~c. (b). gO\ernments and definitions of trrms ~ Pub.I- 94-344. ~ 1(6) substituted -right therein and eliminated pro\'isions relat. Governor i fender" for "radiator cap". ing to the affixing of cre~ streamrrs to Ie Nation- Subsec. (0. Pub.I- 94-344, ~ I( 7), spearhe.1ds and nagstaffs in _ parade flown at substituted "to the United States nag's only on the on!er of the President. a former right" for "to the right of the nag of the Subs<<. (0). Pub.I- 94-344, ~ I( 11), United States". added subS<<. (0). ident, the - Subsec. (i). Pub. I- 94-344, ~ 1(8). 1953 Amendment. Sub!o<<'. (c). Act es, or the _1" substituted requirement that when the July 9, 1953. added SC'C'Ond ~nlence. of death flag is displayed horizontally or \'ertical 19-42 Amendment. SubS('('. (i). Act against a wall or in a window, the union Court, a : should be uppermost and to the nag's Dec. 22. 1942. added Nor so sus~nded mer Vice ,,- own right for requirement that when the that its folds fall as free as though the ,ion; and .-1", : flag is displayed otherwise than from a nag ....ere staffed-. and omilled pro\'i. ~ staff, it should be displayed nat. whether sions w hen displayed again!>! a wall or In :mber of .'t indoors or out, or so suspended that it a window. . \..'~ 'j falls as free as though it were staffed. Sub-scc. (m). Act Dee. 22. 1942, substi. lag when ~~ Subsec. (k). Pub.L 94-344, ~ 1(9), tuted 1owering- for "hauling in Ihird eliminated provisions relating to nag po- sentence:. m of the " T PROCIA\IA TIOSS ~ans any '. P ROC LAMA TION KO. 3~ 5; and ;.. ; Mar. 1,1954, 19 F.R. 1235, as amended by Proc. No. 39~8, Dec. J2, 1969.34 ':, a Rep- <' F.R. 19699. er from DISPLAY OF FLAG AT HALF-STAFF CPOS DE..\TH OF CERTAIN OFFIClALS AND FOR.\tER OFFICL\LS ) placed WHEREAS it is appropriate that the America al half,slaff upon the death of fhe flag flag of the United States of America be the officials hereinafter designated: uch the . ::= flown at half.staff on Federal buildings, I. The flag of the l'nitcd States shall grounds, and facilities upon the dealh of be fIO....71 at half. staff on all buildings. -'"- principal officials and fonner officials of , grounds. and na\-al \'es~ls of the Feder. .':.: the Government of the Uniled States and at Go\emment in the District of Colum. by in a '. the Governors of the Slates, Territories, bia and throughout the United States pended and possessions of the United States as a and i15 Territories and possessions for ...... mark of respect to their memory; and the period indicated upon the death of ft upon ':~ WHEREAS it is desirable that rules be "': ~"," anr of the follo....ing~esignated officials the flag , .". prescribed for the uniform obscrnnce or former officials of the Vnited Stales: idor or . of this mark of respect by all executh'e (_) The President or a former Presi. he east ~>. departments and agencies of the Go\'ern. dent; for thirty days from lhe day of ment, and as a guide to the people of the . south. ' Nation generally on such occasions; death. should " NOW, THEREFORE, l. DWIGHT D. The n:lg shall also be nown at half. . EISENHOWER, President of the Uniled staIf for such period al all l'niled Slates . Stales of America and Commander in embas.sies. leptions. and other facilities ,~' Chief of the armed forces of the United abroad. including all military facilities 56 Stat. ' .~ States, do hereby prescribe and proclaim and na \ -al \ esse Is and st.a Ii 0 ns. 94-344, '. ; 0;' the following roles with respect to the (b) The Vice President. the Chief Jus- " ~.' display of the flag of the United States of tice or _ rnirc-d Chief Justice of the 183 -., '. !"'-'It ,'I: ~,~~ . " '~! .,.., ~ ~. . 36 ~ 175 PATRIOTIC SOCIETIES, ETC. Ch. 10 Ch. 10 PATRIOTIC CUSTOMS Unile-II SI:tle-" Ill' Ih.. SI','nk..,. ..( Ih.. "'110' ..t \U, II ",,,,... 1 C1llt(l1 \'. "r I'(I\~S. 2- Conrederaee nag II0ll!oc o( ltt"pl'c:''>ClIlalivc:'S: (or len da)'s sion horn lhc: d.1~' of dealh Unlil inler. Congress. in en:lcling :lmcndalory pr (I'om the day of death. ment. vision of this section prohibiling di\pl:l (c) An Associate lustice of the Suo ... (n the C\ent of the dealh of other ing of Oags or internation:ll orpni7 preme Court, a member of the Cabinet. a officials. former officials.. or foreign dig. tions or other n:ltions in equ:l1 or \upt'J i former Vice President. the President pro nilarie~ the nag of Ihe l'niled Stales or prominence or honor to the n;Jg tempore of the Senale. the Majority shall be disr!a~ ed al half-slaff in accord. the United Stales. did nol inlend 10 pr Leader of the Senate. the Minority Le:ld. ance wilh s'Jeh orders or inslruclions as hibit state sponsored display of Confe, er of the Senate, the Majority Leader of may be issued b~' or al lhe dirCClion of erate nag on dome of stale .capilol; pr, i the House of Representatives. or the Mi. the Presidenl. or in accordanc.. with r<<. vision of Flag Code was m:lnifeslly d nority Leader of the House of Represent- ogniz.ed customs or praC1iccs not incon- reeted at other praclices. lIolmes . ! atives: from the day of death until inter. sistenl with law. Wallace. D.C.Ala.lQ76, 407 F.SllPI". ~Q. men!. 5. The he~:!~ of the ~\eTaJ dcpar1. affirmed 540 F.2d 1083. 2. The nag of the United States shall ments and :lge:,:~iC'S of thC' GO\ crnmC'nt 3. Helghe of nag be flown at half.staff on all building'. m:lY direcl tbt th.. nag pf lhe l'nitc-d Flying the nag of Republic of ('anam grounds, and naval vessels of the Feder. St:lte1 be nO\'n at blf.st:lff on !->uildings. and nag of United St:lleS in Callal Zoo al Government in the m..tropolitan are:l grounds. or na\ al \ es.~Js undC'r their at equal heights on separale n:\g pole of the District of Columbia on the day of jurisdiction on occasions oth..r than did not violatc this section. Uoyle \ death and on the following day upon the those specified herein which they con sid- Fleming, D.C.Canal Zone 19b3. 21( death of a United States Senator, Repre. er proper. and that suitable military hon. F.Supp. 277. I: sentative, Territorial Delegate. or the ors be rendered u appropriale. f ~ Rcsident Commissioner Crom the Com. m WITSESS WHEREOF. I ha\.. h..re. I. I, monwealth of Puerto Rico, and it shall unlO set m\' hand and caused the 5C'al of ~ 176. Respect for nag I' also be nown at half-staff on all build. the United" St.1tC'S of America to be af. 1\ : ings, grounds. and naval vessels of the fi:c:ed. No disrespect should be showl Federal Government in the State, Con. I , ~ gressional District. Territory, or Com- DOSE at the Cit~. of Washinglon this America; .the flag should not b , monwealth of such Senator, Representa. 1st 6y of March in the year " Regimental colors, State nags, i tive, Delegate, or Commissioner, respee. of oW' Lord ninet~n hun- j tively, from the day of death until inter. dred and flfty.four. and of flags are to be dipped as a mark \ ;: ment. the Independence of the \ : ~ i 3. The flag of the United States shall Uni~ed StatC'S of America the (a) The nag should nevcr bc , . one hundred and sevent)'. . be nown at half.staff on all buildings except as a signal of dirc distress , eighth. and grounds of the Federal Government life or properly. in a State. Territory, or possession of the (SEAl) .' United States upon the death of the Gov. D-,'1Cln D. E1Sr.""0\\'F.R (b) The nag should ncvcr toue CROSS REFERENCES ground, the floor, watcr, or men Display of replica of nag used in \\'ar of 1812 for IwenlY'Cour hours ..ach day in (C) The nag should ncvcr bc Flag House Square, Bahimore, Maryland. as subject 10 this S<<tion. see 36 always aloft and frce. , USCA ~ 174 note. Modification of rules and customs by President, see 36 l"SCA ~ 178. (d) The flag should ncvcr bc us WESTLA W ELECTRONIC RESEARCH drapery. It should nc\'cr bc fc' See WESTLAW guide following the E:c:planation pages of this lolume. folds, but always allowed to fall I red, always arranged with the bit.. NOTES OF DECISIONS and the red below, should be us' Generally 1 of word .should" lhro\:ghout such provi. draping the front of the platforn Confederate Oag 2 sions is indicati\.. of lack of renal pur. (e) The nag should ncvcr be fa~ HeIght of nag 3 pose. Holm..s \'. Wallace. D.C.AJa.1976. Injunction against dl.play of nag , 401 F.5upp. 493. affirmed SOW F.2d 1083- in such a manner as to permit RJght of action 4 This section re1?C'C1ing position of damaged in any way. American Oag when dis-played or carried I. Generally with other na~ was nOI intended to pro- (0 The flag should nevcr bc u scribe behavior b'Jt was rather fashionc-d This section relating to proper manner as an e:c:pres.sion of pre\alent custom (g) The nag should never hJve p of display of national nag are not intend. regarding the display of lhe American it, nor attached to it any mark, ins ed to proscribe conduct but are merely nag. State oC Del. e't rd. Trader v. declaratory or advisory; recurrent use Hodsdon. D.C.DeI.196i. 265 F.5upp. 308. picture, or drawing of any nature. 184 18 . , ---'- --- - Ch. 10 Cb. 10 PATRIOTIC CUSTOMS 36 ~ 176 or posses- t 2. Confederate nag .. Right of K1lon IOtil inter- Congress, in enacting amendatory pro- Pro\ i<ion of thi.. code rrohibiting di... , vision of this section prohibiting display. pl.1y of flags of internalional organiu. h of other f ing of flags of international org3niz.a. tions or olher nations in equal or superi. Jreign dig- , lions or other nations in equal or superi. or prominence or honor to nag of Unit. ted States or prominence or honor to the flag of cd Slal~ docs not crt"att" any rights in in accord- the United States, did not intend to pro- pri\ate indi\'idual.. and could no' form uctions as hibit state sponsored display' of Confed. b.uis for ci\il rights action allt"ging dep- recdon of erate flag on dome of state capitol; pro- rh'ation of rights.. privileges.. or immuni. : with ree- --"; vision of Flag Code was manifestly di. ties secured b~' constitution and laws. lot incon- rected at other practices. Holmes v. Holmes \'. Wallact". D.C-Ala. 1 976. 407 Wallace. D.C.Ala.1976, 407 F.supp. 493. F.supp. 49). affirmed 540 F.2d 1083- .1' 11 depart- affirmed 540 F.2d 1083. 5. InJun,ctJon _raInst dlspla~' of naB ,II vernment 3. Height of nag United Stales District COUr1 did not e United Flying the flag of Republic of Panama ha\'e jurisdiction to enjoin defendant : ,I )uildings, 1 , and flag of United States in Canal Zone from flying the nag of the Vnilc-d Na. ., ler their at equal heights on sep3rate nag poles tions abme and '0 ,he right of ,he ArneI" '; ler than ;',jl ; did not violate lhis section. Doyle v. ican nag in front of hi~ re-sidence. State ! ,y consid.. Fleming, D.C.Canal Zone 1963. 219 or Del. e:'l( rd. Trader ". Hod~on. D.C. " lacy hon-' F.5upp.277. Dc1.l967. 2(0; F..5urp. 308. iI' lye here- il e Seal of. g 176. Respect for flag ;1 l' I' , o be af- , ,'~:~ '1 "'" . ; ..... .v No disrespect should be shown to the flag of the United States of " -I , -- i r: .~ jton this . ~:,~. America; the flag should not be dipped to any person or thing. the year-'" . en hun-, :~. . Regimental colors, State flags, and organization or institutional , and of 'it. ~ flags are to be dipped as a mark of honor. of the ;. -rica the ,~, (a) The flag should never be displayed with the union down, seventy- :t:~ ,', except as a signal of dire distress in instances of extreme danger to 4: ., V:.:,~ ;"',life or property. . A,'-; lOWER '" :', (b) The flag should never touch an)1hing beneath it, such as the r;" ,~, &: ~.; ground, the floor, water, or merchandise. .~~~ . ~:.;,:' day in (c) The flag should never be carried flat or horizonta))y, but see 36. ' always aloft and free. -, ';.~ (d) The flag should never be used as wearing apparel, bedding, or '{'drapery. It should never be festooned, drawn back, nor up, in ':~.folds, but always allowed to fall free. Bunting of blue, white, and .. -;red, always arranged with the blue aoo\'e, the white in the middle, -~ and the red below, should be used for covering a speaker's desk, ,: draping the front of the platform, and for d~oralion in general. .;. (e) The flag should never be fastened, displayed, used, or stored I :,;.. ,in such a manner as to permit it to be easily torn, soiled, or ".~ damaged in any way. (f) The flag should never be used as a covering for a ceiling. I' , (g) The flag should never have placed upon it, nor on any part of ~}t, nor attached to it any mark, insignia, letter, word, figure, design, . picture, or drawing of any nature. ....' 185 J ,,~"-,",..""'-~- , ~~~ SOME CAll. ME OLD mDRY When Betsy Rossflrstfashloned me wllh skiI{fill loving hands MID could have krwwn. with the passage oftlme. 1 would travel to so many lands. Few could have dreamed that so small a nation would grow to help lead the world. Or, that 1 would receive such respect and devotion each time 1 was urifurled. Yet. respect rve received for Iwo hundred plus uears was not really earned by me, lt was earned by herote women and men wlw lovedfreedom and belngJree. In all the wars Americans haveJought. rve been wtth Ihem midst shot and shell. rve seen bravery alnwst beyond belleJ while held high . In the battle's hell. After a uallant stand. 1 was lowered In defeat at Bataan and Corregldor. flying high from the mast of the battleship Mtssouri. 1 saw the end of that terrtble war. 71tere's scarce space to list all the bullies we'vefought since thatfirst day lflew. I know In the minds oJUwse whofought them. the memories will always be new. Sill/. we must notJorget those gallant ships on whteh man!J went down 'neath the seas. Where perhaps rm waving, as some ocean clUTent provIdes me a silent breeze. At sea and on land. rve embraced tlwse Americans who gave t1telr so precious lives, rue been presented by a grateful. grieulng nation 10 their parents. children and wtves. Each Memorial Day Amerfcans display me 'cross the lenglh and breadth oj our land. There's no greater JoY Ullln being held and waved b!l a child's smaIl. tender hand. WhlIe some may cfwose to desecrate me In America and In other places W7uJteuer they do can never outweigh the pride I can see In mostjaces. rue been I"om as clothing. sometimes In good taste. sometimes In ways obscene. Yet. 1 stUll111ve the love and respect oJmy nation. and most oJthe world's esteem. To the countless Americans who wish to protect meJrom those who would do me al. I offer my thanks. Jor thel} honor our brave ones whose voices Jorever are still. Now 1 must wauefarewellfor lfeelthe wind. May !IOU always remember m!l story. nr For I om vour Flag, !lour Star Spangled Banner, Some call me Old Glory. '---'lt1.1'(1111~~~ t J,' J ," I I - i==-r J I ;::="r '/' J ....=.......=......=..~ . .. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER /7'~ ) i SUBJECT: AGENDA ITEM it 10 13 - MEETING OF FEBRUARY 9. 1993 ORDINANCE NO. 11-93 DATE: February 5, 1993 This is the second reading of an ordinance which would amend the definition of "Family" as currently set forth at Appendix "A" of the City's Land Development Regulations. This proposal has been recommended by the Neighborhood Task Team in order to further limit the number of unrelated persons who can reside in a single family dwelling unit. The current code allows up to five (5 ) unrelated individualsj the proposed ordinance would restrict the number of unrelated persons to three (3) . Staff does not feel there have been major problems or difficulties in enforcement with the present definition of II family" . Lula Butler, Director of Community Improvement, has also reported that, certain other recommendations which were made to address overcrowding are already contained in existing ordinances and could best be accommodated through consolidation in an administrative operating policy. A detailed staff report is attached as backup material for this item. The Planning and Zoning Board at their January 11th meeting recommended denial on a 4-1 vote (Beer dissentingj Currie and Felner absent) . At the January 26th regular meeting, Ordinance No. 11-93 was passed on first reading by a 3-2 vote (Mr. Mouw and Mr. Randolph dissenting). Recommend denial of Ordinance No. 11-93 on second and final reading. , I , . - TO: The Mayor, City Commission and City Manager \ FROM: David Henninger, Chairman of the Neighborhood Task Team DATE: February 9, 1993 RE: Definition of a family . . The intent of the Neighborhood Task Team in revisiting Delray's "Definition of a Family" was to address the problem of overcrowding and the resulting parking problems associated with overcrowding. In looking at the definition of a family (Delray's Version) and comparing it to five other surrounding areas (copy attached), our allowance for unrelated people at five is the most generous while West Palm with two is the most restrictive. The Task Team decided on three because it seemed consistent with what other municipalities are using and we felt reducing the number to three would have a positive effect on parking problems, whereby five unrelated people living together would probably constitute five vehicles, a situation not necessarily found with a family of five. Our intentions have never been directed at anyone element or segment of our population with the intent of infringing upon a persons basic rights. Our intentions were quite simply to look at a situation, a situation that has taken its toll on our neighborhoods, one that still exists and has the potential of getting worse. Overcrowding in, and of itself, infringes upon a persons basic right to live under safe, healthy and wholesome conditions. It also effects the vitality of our neighborhoods, and any attempt to mitigate this condition should be viewed as a positive step toward improving the general welfare of our community. Sincerely, f2~/ David L. Henni er Chairman DLH/tk , " ' , . ~ ~ E lllf lllf t:I - 0 0 0 rt .H en .S &? ~ >-I ~ ........ '" "d, ~ 0 S 0 f:! ~ z ~ ~ lllf Q '" ~ f: ~ f: '" Q 0 ~ g . " 0 ~ 0 . t:I2 ~ . , , >4 M >4 >4 >4 >4 ~ a ~ ~ I ~ i >4 ~ >4 >4 >4 H ~ .,. I fJ en I l f t , , ~ ~ '=' ~ twt ~ H H H >4 ~ H i z H t-i H ~ tit lz: II I ~ ~ N W tit W "" >! M '=' a t='.... . . t:I al M 'wi H 2: H t-i H . 0 0 z 0 2:0 en ~ . >4 >4 M >4 >4 H o~ . ~ en . Q . , . , ORDINANCE NO. 11-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING APPENDIX "A", "DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DEL RAY BEACH, FLORIDA, BY AMENDING THE DEFINITION OF "FAMILY"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Neighborhood Task Team proposed a change to the existing definition of "Family" as currently codified at Appendix nA", "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida; and, WHEREAS, the Neighborhood Task Team requested a change to the existing definition of "Family" to further limi t the n umbe r of unrelated persons who may reside in a single dwelling unit; and, WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board, sitting as the Local Planning Agency, reviewed the subject matter at its meeting of January 11, 1993, and has forwarded the change with a recommendation that it not be adopted; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the change is not inconsistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the definition of "Family" found in Appendix "A" , "Definitions", as referred to in Section 1. 4.5, "Definitions", of Article 1. 4, "Interpretation, Enforcement, And Penalties" , of Chapter 1, "General Provisions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: FAMILY: One or more persons related by blood, marriage or adoption occupying a single dwelling unit as a single housekeeping unit and sharing common facilities. In addition, tf/t~e/fA~tlt/t~ri8t8t8/~fJ/I pet8~ril/Ari/Addttt~riAI//f~at/pet8~ri8//~riteIAted/t~//t~e fA~tlt/8~AII/~e//pe~tttedi/2//pet.~ri81/Ari//Addttt0riaI t~tee//pet.0ri8//~riteIated//t~//t~e//fA~tlt//8~aII///~e pet~tttedi//3//pet.0ri.I//ari//addttt~riaI//tw~///pet8~n. ~riteIated/t0/t~e/fa~tIt/.~aII/~e/pe~tttedi/./0t//~0te pets0risl/Ari//Additi~riaI/0rie//pet80ri/~riteIate~//t0//t~e fa~tlt/.~aII//~e//Pet~tttedJ no more than two (2 ) unrelated persons may occupy a sinqle dwellinq unit. The following person or persons shall be considered as related to the family (as opposed to an unrelated person or persons) and will be counted as family members: a. A person or persons residing with the family for the purpose of adoption by the family; b. Any person or persons residing with the family at the direction of a court. Section 2. That should any section or prov.lS.lon of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. , , , 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 0 f , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 11-93 cl( [j'c 1 C I T Y COM MIS S ION DOC U MEN TAT ION TO: C:;;:VID T~ HARDEN, CITY MANAGER THRll: ~I~ i~-;'ilmCTOR DEPARTMENT OF PLANNING AND ZONING FROM: DIANE DOMINGUEZ, PLANNER II\~\ SUBJECT: MEETING OF JANUARY 26, 1993 ~~ FIRST READING, ORDINANCE AMENDING THE DEFI ITION OF "FAMILY." ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading, of an ordinance modifying the city's Land Development Regulations (LDRs). The affected Section is the "Definitions" section of the LDRs in which the definition of "FAMILY," is proposed for change. BACKGROUND: This requested change is being proposed by the Neighborhood Task Team (NTT). The change would modify the existing definition of "Family" to further limit the number of unrelated persons who can reside in a single dwelling unit. The definition of family has been modified twice since 1988. The present definition was adopted in January of 1991, and has created no known problems. The NTT has also proposed criteria for determining overcrowding. That criteria would provide minimum square footage requirements for habitable rooms in a household. Please refer to the Planning and Zoning Board Staff Report for the proposed text and more detail on the history of this topic. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a Special Meeting held on January 11, 1993. David Henninger of the NTT addressed the item and supported the text amendment. He explained that the definition of family was one of the tools to be used in addressing "overcrowding". He reported that the Task Team was advised that the other items pertaining to the overcrowding issue should be codified. , ' City Commission Documentation First Reading, Ordinance Amending the LDRs RE: Definition of "Family" and "Overcrowding" Page 2 Lula Butler, Director of Community Improvement, provided information that the present definition of "Family" has not created any problems or difficulties in enforcement except for one situation where five college students were living in a single family home. She also reported that the other recommended provisions regarding overcrowding were contained in existing ordinances and could best be accommodated through consolidation in an administrative operating policy. The Board then forwarded the item with a recommendation of denial on a 4-1 vote (Beer dissenting, Currie and Felner absent) . RECOMMENDED ACTION: By motion, denial on first reading. Attachments: * Ordinance by others * P&Z Staff Report & Documentation of January 11, 1993 DD\T: CCFAM. DOC . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: LDR TEXT AMENDMENT RE THE DEFINITION OF "FAMILY" AND DETERMINATION OF "OVERCROWDING" ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the city Commission regarding a proposed change to the LDRs. The changes contemplated in the LDRs include: * Amending the definition of "family" with respect to the number of unrelated persons who may occupy a dwelling unit. Other, non-LDR, regulations would provide for: * criteria for determining the existence of "overcrowding" along with a program for enforcement including relief through appeals to the City Commission. BACKGROUND: This item, along with others, has been brought before the Board by the Neighborhoods Task Team (NTT). These topics were discussed in work session !lJ!l~!1.9..!!l~!!l!>~r". !?f"S~e Board and the NTT on June 18, 1992. - ANALYSIS: ..} r' :. ~s:=."';': ~. to. _~T:~:~:~~_ ~h_j~l~:_~ :__~'_ tbe ~~:,! The initial proposal set forth by the NTT called for: * changing the definition of "famlly" to reduce the number of unrelated persons who may reside in a dwelling unit not to exceed three (3). [Note: Three (3) was written in the staff report; however, discussion with NTT indicated that no more than three such individuals should be together. By applying the definition, the first individual is the head of the household; then two others makes a total of three --- the limitation desired by the NTT.) ... " -.. - - _. - .. - - * - - - - . - - - . , ~ '- -., ''''''' -~,-.'" <'.. "K.~.~. , ' P&Z Staff Report LDR Text Amendment Re The Definition of "Family" and Determination of "Overcrowdingff Page 2 The revised definitlon would read as follows: FAMILY: One or more persons related by blood, marriage or adoption occupying a single dwelling unit as a single housekeeping unit and sharing common facilities. In addition, 1t t.X; t~JdIlt ~eSn~l~t~ ~t' Z JS;t~~~1 ~~ ~~dltt.~ri4Z teSlft p~t~eS1i~ lf1it~lat~Q! teS tXtI taJdIlt ~XaIZ kS4 JS~t~ltteQ!1 2 p~t~0n~1 ~Jl ~~Q!ltt.QSn~Z tHt~4 p~t~~Jl~ -.fllteZ~t~d teS t.Ke t~~IZt ~X~ll )S~ JS~tJdlt.tedl 3 p~t~~Jl~1 all aQ!Q!ltleSJlaZ tW0 pet~eSn~ lf1itel~t~d teS tXe t~~llt ~KiIZ ~; petJdItt.eQ!1 I eSt ~eSt; JSet~eS1i~1 in a~Q!ltleS1iaZ eSll; JSet~~Jl -.flltel~t~Q! t.~ t.Ke ti~IZt ~K4ZZ )S; p~~ltteQ!J no more than two (2) unrelated persons may occupy a single dwelling unit. The followlng person, or persons, shall be considered as related to the family (as opposed to an unrelated person, or persons) and will be counted as family members: a. A person, or persons, residing with the family for the purpose of adoption by the family; b. Any person, or persons, residing with the family at the direction of a court. The suggested change (by the NTT) reflects a definition of "family" which existed prior to 1988, except that four (4) unrelate~ individuals were allowed to live as a family. In August, 1988, via Ordinance No. 91-88, the definltion was changed to require a "linear" relationship and the number of unrelated persons who could live as a family was reduced to three (3). The City Attorney later advised that this (Ordinance No. 91-88) definition should be modified. '._.-:,"'. _.. ____ __ ::~ .)~ .i.~':" ': -::--~. The definition of family was again modified by Ordinance 61-90 adopted on January 8, 1991, on a 3-2 vote. i~ At-.-the"t.lUl$ (lC'- adoption, Ordinance 61-90 was to have been revlewed~ After"a' six month period to determine whether or not problem~~hav~~~urred with its existence. From the previous report of the-Dfrector of Community Improvement, no problems seem to exist. The definition provided through Ordinance 61-90 was processed through the initial Neighborhood, Task Team. Applicable staff reports and documentation from that consideration is attached. * The other part of the discussion focussed upon the use of specific criteria for determining when overcrowding occurs. These criteria included: -- A limitation of two persons per bedroom (sleeping areas) . With one person being allowed in an efficiency (studio apartment). Living rooms and dens would be counted as sleeping areas "when family size dictates" '~..~.:.o7"':..""''" -- "-., -"-" . . .:.~:: .a::~ ,:j~' i .' ..,.. ::" _. I .=:- - ..:. ... ~..1J ~ .' -: .: ? ~.-: . ~ :. rtIi.J ~\..U.L.L ~"~t'"'-"""'- LOR Text Amendment Re The Definition of "Family" and Determination of "Overcrowding" Page 3 -- Each dwelling unit must contain, at least, 150 sq. ft. of floor space in habitable rooms for the first occupant and, at least, 100 sq. ft. of additional floor space per each additlonal occupant. -- Every room occupied for sleeping purposes shall contain, at least, 70 sq. ft. for the first occupant and, at least, 50 sq. ft. of additional floor space per each additional occupant. -- In addition, general sanitary conditions e.g. cleanliness, appropriate garbage disposal, and overall care of the premises should be used to assess overcrowded conditions. * In addition, it was suggested by the NTT that the City Commission would be a body from which any persons aggrieved by enforcement of overcrowding criteria may seek relief. A major problem with the above criteria is that it does not accommodate situations involving large families which are comprised of children, as opposed to adul ts . Also, It may be appropriate to have a special board (three individuals) to handle appeals; thus, removing such situations from the high visibility of City Commission meetings. RECOMMENDED ACTION: with respect to proposed changes to the definition of "family", given the city Commission action via Ordinance No. 61-90, it is recommended, by the Director, that the definition of "family" not be altered. With respect to addressing the matter of "overcrowding", this subject should be handled by non-LOR regulations. It is suggested that the Board provide any commentary which It wishes and then suggest that it would be appropriate for the Code Enforcement Board to comment on the proposed program prior to consideration by the City Commission. Attachments: * Various documents associated with Ordinance 61-90 Report prepared bY:~~ ~~ T: PZFA!o1ILY , ' . - . -=-:~..-==-"'- - - - -..... - ..... ..... - ORDINANCI NO. 61-90 A!f ORDINA!fCE or THI CIT'( COHMISSION or THE CITY or OELRA.'t BEACH, FLORIDA, -'KENDING CHAnD 1, "GENERAL PROVISIONS", ARTICLE L., "INTERPRETATION, ENFORCI.. HEN'l', A.N'D PENALTIES", SEC'l'ION 1.4.5, "OEFINITIONS., or THE u.ND DEnLOPHEN'l' REGULATIONS or nm CODe or ORDINANCES or THB CIT'i or DELRA'l BEACH, FLORIDA, 8'1 A.HENDING APPENDIX "A", "DEFINITIONS", REP!ALING nm DEFINITION or FAMILY, BY ENACT:NG A NEW DEFINITION or F~IL't PROVIDING ntAT A F~UL'l ~HALL CONSIST or THOSI PERSONS WHO ARE ULAnD il'l BLOOD MARRIAGI OR ADOPTION OR AS MANY AS rIVI tlNRELATEn PERSONS LIVING U' THB SAMI DWELLING WIT, PROVIDING A GENERAL REP!.ALER CLAUSE, PROVIDING A SAVING CLAUSE, PROVIDING AN UFBC'l'IVB DATI. NOW, ntEREFORB, B8 IT ORDAINED BY THB CITY COMMISSION or THE CITY or DI!:LRAY BEACH, FLORIDA, AS FOLLOWS, Section 1. That the definition of "flJllily" foun<! in ~ppen<Six A as referred to in Section 1. 4.5, "Definitions" of -'rticl. 1. 4, "Inter- pretation, Enforcement and Penalties", of Ch.tpt.r 1, "General Provision.", of the Lan<S Development Re9Ulation. of the Code of Ordinances of the City of O8lr&y Beach 1s hereby repealed. Section 2. ntat AppendiX A as referred to in Section L 4,. 5, "Definitions" of Artie 1. 1. 4, "Interpretation, Enforcement and Penalties", of Chapter 1, "~ner&l Provisions", of t:he Lancl Development Re9Ulationa of the Code of Ordinance. of the City of DeltAY Beach is hereby amended to include family definitioft to r.&4 a. follow.: Family. On. or mon persona related by blood, lIlarriaqe or adoptlon oceupy1nq a slnqle dwell1nq unit a. a .1"91. housekeepinq unit and sh&r1nq COlmlOft facUlties. In addition, 1f the falll.ily consist of: 1 person, an additional four ~tS~~ unr~lat~ ~o ~h. f~11y Shall be pemitte<1J " ...: 'c. '.',:'_": ~:: ::;:- .. ~2 ,p;u~~~,: ~I\ i~cll~J.on41.t~e.'~t.~na "utirel~tri .'t-01 the '!4IIlhv 'shaU."be'pemittfd,,'L .... ..-.:H.... 0' .t':,c ~'"\".-l,,,..._.... __ ,',_ ~3 ~r~~n., 4ft ~~4i.t1o~Ii.: .~wo :~'r~n; :-~;~l~i.djto...tb.l:;..,.ilyl~hail be permitted, ,...,~.,,:.:~, _ _,.__~_ .'....:..._-= _'---"-'.. _ __ . or more persona, aft additional on. per.oft unr.late<S to the falll.ily .hall be pe~tte<S. ":h. followlnq persOD or persODa .ball be conaidere4 AI related to the f&mily ell oppoae<i to All un%elue4 penoll or persona) And will be counte4 .. famlly membera, I. A penon or persona reddin9 with the flJll1ly for the purpose of adoption by the family; b. . Any person or person. resi41n9 with the f~ly at the dlrection of a court. Sect10n .1.. That all ord1nAnce. or parts of ordinances whicn are ln conflict herewlth are hereby repealed. : Sectlon ), That shou14 any sectioD or provblon of this . ordInance or any portion thereof, any paraqrapb, sentenc., or word ~ : declared by . court of competent,-jurhdl<:t1Qn; t~ ,...t!:l. lnvalid,~ sl,;~h , decision shall not -d~ect the v~l1d1\YI of .,th. r~~~n,der' hereof. a.s a whole or part the.r~~f__9tl;er, ~hAn, ,~llfl part declare<1' to 'be iDVllic! .'" . . - -...-.-- _. . . - . - - -.. -- . Section 4. That this ordinance shall become etfeetiv. upon passage on second and tinal readin9. PASSED ANt) ADOPTED in re9Ular session on seCOM and find readln9 on thi. the ~ day of J.nuarl~~~ AT.r!;ST:.. " $ ,. I , .7' 1f,( x:r U(] ~ City Cler First Readlnq Oecember 4, 1990 Second Readinq January 3, 1991 . ; I , . ~ 2 ORD. NO. 61-90 " . i , ' ~ '~',,: .' -- , - ~ [ITY DF DELRAY BEA[H ""'-.. " CITY ATTORNEY'S OFFICE - ';'.\ i,1 .\'. [SeE' :::::r..".'\Y SE.:"CH. FLORIDA 33~.:~ F.\~,,:\I:l.E ~,,- :-.,..l-~~ WrL~_r'. DLr_o~ LLn_ (407) 243-7090 MEMORANDUM Date: December 30, 1992 To: David Kovacs. Director of Planning & ZO~g From: David N. To1ces, Assistant City Attorne Subject: LDR Text Amendment: Definition of "Family" I agree with your reconunendation regarding the LDR amendment for the definition of "family". No change is necessary. DNT:sh cc: Lula Butler, Director of Community Improvement family,dnt ~ .. < L- - .~. r.;_ ,-. r II . '~ "r'.- _, . ..; " ... j .j _."; \:- --~ ~- .:... - - .- - . - '"..~"""'-"'---"'- - '" , ~l~ifi'll" "1R~ . . . L ,. ".:,' ~'l~ \. ~ " \ '.' I ...;l";c' , - .",,") , " . ~~ ..... j' I>'~ ;...--. ~. f. . '. .~ r~ ::".t .. ....~....:, :;~ i: .J- _ . .' <J n~ SO 1992 , , '\ "- . , --. - ..' ' ,~ . ,', r. i.d2 ..-.;,' . i ':: ~ - . .. - ...- - - -. - - , .. -.. -.;:, - \ ,- ",;.. 1 - . ;:'2 : . - = : -~... -- ~ - . - - , , . -.- ! ," - .'.-- - ,. .. I . . , C I T Y COM MIS S ION DOC U MEN TAT ION TO: SON MacGREGOR-HARTY, CITY CLERK , j~v~ FROM: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF DECEMBER 4, 1990 RESOLUTION RE: THE DEFINITION OF "FAMILY" ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a Resolution which changes the deflnition of the term "family" as contained in the LDRs. This modification procedure is unique to definitions (other text changes require enactment by ordinance) and is allowed pursuant to Section 1.4.5 Definitions (page 1.4.3). . BACKGROUND: The city Commission had prev~Qu~ly.., directed that the Neighborhoods Task Team and the Plan~ing ~nd ZO~~~<1 ;.!qaJ!d...~~vi,.tt ':. the definition of "family" as. :~'~~!ltati:ne~ t ,in our zoninq regulations. This direction came about as there has been some problem in the application of the def.i~it~onu~mh~hedj~e~~.iJlqrP.Y.I: some individuals that it may be over~y..re~tX' _'ctl~.-.The .-curr-e.nt ." definition of "family" was created a few years' ago-ln an"effort to address the general problem of overcrowding within a structure. The Neighborhoods Task Team reviewed staff's work and supported a revised definition which calls for removal of the restriction of a "linear" relationship among members and the reinsertion of the standard related by "blood or marriage" provlsion. In addition, there is a change in the number of unrelated persons who can live together with the change being from three to five. There is a provision that the number of nonrelated individuals diminishes as the number of related individuals increases. The Task Team also recommended that problems with overcrowdinq be addressed through further restrict~~nr-on;;?~rk.lJ1g ~p~ U8_~ ~pf r:~ot'-'.... area for vehicles. u, '}',.. y,~,.,,::, ~ask TI;,;..;.r\t i,'t U.,:;1~ - -- --~r...."',_..,.. Attached is additional background lnformatioh" from the Office of Lula Butler. , ' I City Commission Documentation Resolution Re: The Definition of "Family" Page 2 PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board formally reviewed this iteM at it's meeting of November 19, 1990, and unanimously (6-0) recommended that the city Commission accept the recommendation of the Task Team. RECOMMENDED ACTION: Because of the past controversy which has been associated with this item, it is suggested that a public hearing be held as is done if an ordinance were required; thus, we recommend that a public hearing be held on January 15, 1991. Further, if individual Commissioners have concerns or desire additional information, it is suggested that the item be set for a worksession discussion prior to the public hearing. Attachment: * P&Z Staff Report' Documentatlon of November 19, 1990 re- -:. ,:- - (.:. t~ - ,0 ~ ~~:-01.:~ ~= --~}:. ;~:. '~-' ~- '-=-~~-, -'.- ,... .:",.:.1" ~..{' ~ ,.~.,"'.:~.p.. '.. ~.' ~ :.":il I~~-;!=:i.on. 1[,'::: .,orn.ili.SS10n .i_50 '~~~:lrl:'5 r '0 -;, DJK/t74/CCFAMILY - -, ~.)'_l.C , ~ . .c. .:= ~:;;- - ~ .. -. ~---- --- ---- - ---- . -. - ...- . _ .... _ . ~ ... . ~ ....4 _ ~ ...... .. '_. ~ ' _ ~ ~ ~~ . .~ :: e c ,. _ .. .! ~ -.... - - .~. , ':' "- t", ., "\'1, t-~ , ~ - -i t ._ . , t ~ P&Z BOdrd Minutes \ Novembe_ 19, 1990 _. Page 6 Since it was now 7:00 P.M. the Public Hearing commenced. 111. PUBLIC HEARING ITEMS: A. Consideration of Chanqes to the Definition-of'MFamlly" as it Pertains to Land Use: Mr. Kovacs presented the following brief history: The City had a standard definition of "family". Several years ago the City had concerns regarding overcrowding. It is very difficult to enforce the definition of family since people claim to be related; therefore, it was difficult to correct an overcrowding situation. The definition was changed many times until finally a "linear" definition was adopted. Since many have found that the lineal relationship definition to be overly restrictive, the City Commission has directed the issue to be revisited. Staff reviewed the history and how other communities have addressed the issue and provided that information to the Neighborhood Task Team for a recommendation. After review, the Task Team fully supported staff's recommendation. Ms, Lula Butler, Director of Community Improvement, was present and responded' to "-questions; .o.f _ .the_poard~ .;,,~~mb~J:'II' including a clarification of the interpretation of - a' 1 dl d it' ..A .,.-..,.... J .: - , an or perm. ,- .... ..,- "'.r '..~: "..1J.;. ;.'":,~F""'.::"-c..l. :. ~ " e~:~.st~tt .=?r..~'J.1'.te: jnee~~r.g are atta.cr.l:!(~ 'I.~LU:: After considerJble-.:' 5ilscusslon', . it.i :~!fa8,'.movecle bYJ~.,~,:~Beer, seconded by Mr ~ "Currfe - c{hd pasS'ed~r6""1t. :-"to recommend to - the city Commission adoption of the new definition, as proposed by staff, and directed staff to seek other avenues through which adverse impacts of overcrowding can be mitigated and controlled. Referral of Pro sed LOR Amendment Truck Residential Areas from the : Mr. Kovacs in~ ed the item to the Board and stated that the City Commission, t its meeting of November 7th, considered the Planning an ning Board's recommendation but did not take action on it. r reviewing the issue further at a worksession, the Commissio remanded the item back to the Planning and Zoning Boa nd the Neiqhborhood Task Team for their consideration of hardship circumstances. , ' - ,~ ~ MEMORANDUM TO: DAVID KOVACS - DIRECTOR, PLANNING , ZONING A FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT Lb SUBJECT: PROPOSED REVISED DEFINITION Q! FAMILY DATE: NOVEMBER 12, 1990 Pursuant to the direction of the City Commission, the staff committee has completed its analysis of the current definition of family and is proposing the attached revised definition for P , Z's consideration. The staff committee's recommendation was before the Neighborhoods Task Team for their consideration on October 4th and again on November 8, 1990. The consensus position of the Task Team was that the definition . of family as proposed by staff is sufficient and they support it as proposed. However, in addition to the revised definition of family, the Task Team would like P , Z to consider other ordinance amendments such as prohibi tinq parking on unpaved or unimproved surfaces and front yards. The Task Team is of the opinion that the proper control of parking problems that are apparent with overcrowded conditions, is a better tool used jointly with the definition of family to control overcrowded conditions in our single family neighborhoods. . "- .' r" _.: ~ .....:.. ~~ - :' - =-:~ : .: -= r ~.: -= '- -. ~. . ~. ~ .:} 0 .-.:2 . ~ j~..: ~ .: ':, The memorandums from the Code Enforcement Administrator detailin~ each staff committee meeting ar>e -attach'ed-fl>l'"rererence-materraL---~ ~ -' It is my understanding that the:p~opos~~revised;definition will be before P , Z on November 19th. LB:DQ Attachments 0/8 Family.DK ~~ ...,,--- '~J .. . . ... . t ....".............. e, . ...~ . ~~ -. . . ;:.... ,-.,. ..:..... "/ ': -, ~ "\ -.-, ~ t'" ~ - n t' I j , -;-,.J. .-. t u "'" ~- ,'.,~ I'; E"~ ~.'. ,~~~I:;' '::." .~; ~ . :. "'~L z:~;. t : {; ,. ~. I. .: ' ";'1 " c ' ,i.." r', ': ~ ;: r :' t . .) f f { C ~ r . .. - . , - - ... . - . -~ ()..Jj .-4~ I c- . ' "" ..' ,r ___. \f' . u..... - ...;~... - I i: ,~'-~a{, \,00"' ~":"" '~;\.Ll ,.......,.rC': t... .. rr ~\'" ...;: ...... - ,. , ("'\ ........~..:\:I~.c;;.. ;t 4L ~~":)""".~"'~ ,...~ .,.,:-~ . ,: ^'" " ....J.{, . . . .' , I"'. l' 1 ~ L'S,d 1\ ,..... ....C (l1' ~j.......'_ .J:'':,'' C:,' ,..... ~, .".. j Ie. 7 ~ DBFINITION. \d'l~b" "\ ~ Family. One (1) or more 'persons iameai<<tel.y related by blood, marriage or .adoption and living as a single housekeeping unit in a dwelling shall constitute a family. -A family may lftelude, in addi-tiou, ll~ more tJ't;tn tA:Eee C3) persoRs whn oItre unr~latel!;" The following persons shall be considered related for the purpose of this title: (1) A person(s) residing with a family for the purpose of adoption, (2) Not more than five (5) persons under 19 years of age, residing in a foster ho~e lice~~e~ or approved by the State of Florida, (3) Any person who is living with a family at the direction of a court. -i ....t..;c:t :......:'.. '. ; . ..l.' . - PROPOSED DEFINITION: . FamilX, One or more persons related by blood, marriage or adoptlon occupying a single dwelling unit as a single housekeeping unit and sharing common facilities. In addition, if the family consists of: * 1 person, an additional four persons unrelated to the family shall be permitted, , : -- :- - ~ ' ::- t ';'.~ * 2 persons, an additional three persons unrelated to the family shall be permitted; .. '.. -- d.L.'_....l " "...~.... ,......lard " ;" " no f ~ t p , * 3 persons, an additional two persons u~~~.~ated. t~ the f~mi1y shall be permitted, --- ---- '--'-. .... - ..-:':'.'.' .::--' * 4 or more persons, an additional one person unrelated to the family shall be permitted. The following person or persons shall be considered as related to the family (as opposed to an unrelated person or persons) and will be counted as family members: a. A person or persons residing with the family for the purpose of adoption by the family; b. Any person or persons residing with the family at the direction of a court. "'\.1' r_~;L.~ . ! :~... 0/8 Family. OK 2 , ' ,- H E H 0 RAN D U H TO: Lula Butler, Comaunity Improvement Director ~ FROH: Richard Bauer, Code Enforcement Administrator SUBJECT: FAMILY DEFINITION DATE: September 20, 1990 On September 20, 1990, the final meeting of the Family Definition Co~lttee waa held. The consensus position of the Committee Hember. wa. to recommend the following definition of "FaIllUy:" Family: One or more person. related by blood, aarriage or adoption occupying a single dwelling unit aa a single housekeeping unit and sharing common faciUtie.. In addition, if the family consista of: . 1 person, an additional four persons unrelated to the family shall be permitted. . 2 persona, an additional three persona unrelated to the family shall be permitted. , . 3 persons, an additional two persons unrelated to the family shall be permitted. . 4 or more persona, an additional one person unrelated to the family shall be permitted. The following person or person. shall be considered aa related to the family (aa opposed to an unrelated person or persons) and will be counted aa family members: a. A person or persons residing with the family for the purpose of adoption by the family; b. Any person or persons residing with the family at the direction of . court. As the Family Definition Committe. has recommended a revised Family Definition, no further Committee HeetlDSs viII be held. I wish to thank all Committe. Hembers for th,i~ input and attendance at the Committee Heetinga. RB: mh cc~ Jeff.Kurtz, City Attorney Susan Ruby, Assistant City Attorney Jerry Sanzone, Chief Building Official David Kovacs, Plannins and Zoning Director Dorothy Ellington, Community Development Director Hike Cato, Fire Chief Emmanuel Guerrier, Code Enforcement Officer SO StP2 1 M!MORANDUM TOr 01.8 c r ibu cion ~ FROM: Richard Bauer. Code Enforcement Admtntltrator SUBJECT: FAMILY DEFINITION COMMITTE! - SECOND MEETING OAT!: August 28. 1990 On August 24, 1990, the Family Definition Committee held tta~econd meeting. Thi. writer was assigned the task of drafting a family ordinanc. based on the discus8ionl of the committe.. Attached please find s draft of what 1 believe represents the consensus opinion of the committee al to definition of family. 1 would appreciate each committee member reviewing the attached iD order that recommended revisions can be discussed at a third committee meeting which 1 will schedule in approximately two weeks. Again, thank you for your participation. -.------ - ---- - .. - - --- - - - - -- --~- - - - . Famil~: One or more persons related by blood, marriage or adoption occupying a lingle dwelling unit as a lingle housekeeptng untt and .haring common faelIitie., or alternatively, if the family consists of: . 1 person, an additional four persons unrelated to the family shall be 'permitted. . 2 personl, an additional three persons unrelated to the family shall be permitted. :. - '-. ,-=....; - ~ ~ -,,; "!;;;. ". "'": '_--:;'" '_ ,i--... ,. -: .:;... - _ -. I '.;' '- L.; iL . ~ ~ :. : '1 11 '. - ;,i- ;. ~ t! 'r....,. t ~ t "'., ..~ ~'Jrr"',~: l .' . 3 personl, an additional two perlons unrelated to the family shall be permitted. <. i"t: - :.11'C"' ._ \ ~ :~. '. '.' \.' .I. :', 'J e H";1; e a l:;) " ~ ,.' 11 ~~ 1 t:<l '" 1. :' n - .f 9 ' . ~ ': t t 1 \ r ' ., i':l e 'f 1 r. .; ': =' . ! . "a: I, r . 4 or lion periODS. and additional' ~' perlon unrelae:ect. to tl;-e"" f-allU,,_:: .....: :_-' ahall be permitted. - . "- - - - - .. ~- -' The following person or per.oDs .hall b. considered as related to a family.. opposed to an unrelated per.oD or perlon.: a. A person or persoDs residing with the~family for the purpose of adoption by the fam11y; b. Any person or persons reliding with the family at the direction of the court. RB:mh ee: Lula Butler .' ~. - , 6 ...+~.... ,... :;:_ - .... ~. -- - _.~ -'. - .. . . . ~,. '..' ~ ..; ere .0.', ,_j; . : ~ "J 1.3 t ( ... . ; r ~~ L~ J' __ ," i~ 1,. _ L! ': .~ ~"""~ f"!-- Q" . - .r........\ ," 11 '_ " ; "'.. I C, ': "'P~" ")~ ~ 1 ,"'tt "'/el' It " 'i"(1lord ""SOP. I , ,.. I<..L- .~,~ MEHORANDUM ~4~( TO. Diltributlon LV FROK: Richard Bauer, Code Enforcement Administrator 60 . SUBJECT: FAMILY DEFINITION COMHlTTE! - FIRST KEETING RECAP DATE: August 2, 1990 On July 27, 1990, the first meeting of the Family Definition Review Committee wa. held from 10:00 A.H. to 12:00 Noon. Without attempting to reiterate every item discussed, I believe there wa. consensua among the committee members that the City's current definition of fsmily ia too restrictive. For the most part, it appears that committee members believed that a fam11y should be defined as people related by blood or marriage plua individual. in special categories (e.g., a person living with a family for the purpose of adoption or at the direction of a court or foster home situation - see 173.001,. Definition, "Fam11y. ") plus one or more unrelated individuals. A family could alao consist of a number (3 or 4) of unrelated people living together. The above 1. 81milar to the City'a previous definition of stngle family. Several other mattera were discussed: 1. Whether or not some square footale per occupant criteria should be utilized with a provision for a waiver for sscertainabl. hardship situations. t believe that most committee membera were not in favor of this - although the matter caD be further discussed. 2. Whether there could be some absolute limitation on occupancy of rental units. The Cit1 Attorney indicated that it would be possible to impose such limitation. (The current Landlord Permit Ordinance, Section 11'.03(B) atstea ... "that number (of persona) ahall be no more than two per bedroom plua two additional persona per unit, provided nothin. iD this aectioD ahall permit the rental of a unit fD a manner which violate. the definition of f.mily.... Thh sectloD shall not be interpreted to prohibit a landlord from renting a unit to a family aa defined by 113.001." The wording of the ordinance 1a unulual but seema to indicate a landlord caD rent a unit to an unlimited number of persona providing they meet the "sing1e family definition" in the case of a "lineal relationship" family. Obviously, the current ordinance also defines a family al no more than three (3) unrelated individuals so for the "unrelated" family portion of the ordinance there would be a "cap" on occupancy). In light of the above, I believe further discussion is required to determine whether there should or could be an occupancy cap on rental units regardlesa of whether the occupancy Is a single family (e.g., ehould there be a limit even if a landlord wiehes to rent to ten (10) 1 . related peraons?). 3. Whether or not vehicle parkins restrictione should be enacted or recolDJllended: a. prohibit parking in right-of-way area. durins certain times, b. prohibit parkins in vacant Iota, and c. prohibit parkins on other unpaved or unapproved lurfaces (tront yard, back yard, etc.). SUKKAllY . I believe that one more meetins of the Fa.i1y Definition Review Committee will ba necellary prior to preparins a flna1 recommendation to revise the current ordinance. , At the next meetins, which I will schedule, it would be beneficial it each committee member would prepare his or her recommendation on a family definition ordinance. For informational purposes, I have included below the City'. Definition of "Family" that v.s in effect just prior to the current definition (which il contained in ordinance lectlon 173.001): . Family. One (1) or more perlona i..ediately related by blood. marriasa or adoption and livins .a . linSl8 housekeepinl unit in . dwellins ah.ll constitute a faaily. A fa.ily .ay include, in addition, not aore than three (3) peraona who are unrelated. The following perlona ahall bM considered related for the purpose of thia title: (1) A peraon(e) reaidina with a family for the purpose of adoption; (2) Not more than five (5) peraona UDder 19 yeara of aae. residinl in a foster home licenled or approved by the State of Florida; (3) Any person who ia livina with. faaily at the direction of . court. I wiah to thank every committee member for their interest and participation in tha firat comaittea aeatlnl_ R8:mh cc I Lula Butler .. .. DISTRIBUTION: Jaff Kurtz, City Attorney Jerry Sanzone, Chief Buildins Official David Kovac., Plannins , Zoning Director Dorothy Ellington, Community Development Director Mike Cato, Division Chief-FrB Emmanuel Guerrier, Code Enforcement Officer AOO 0 3 90 2 , , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERLl'l" I SUBJECT: AGENDA ITEM ~ /0 C - MEETING OF FEBRUARY 9. 1993 ORDINANCE NO. 7-93 DATE: February 5, 1993 This is the second reading of an ordinance correcting the zoning classification for a 4.32 acre parcel of land located on the west side of Federal Highway, south of Linton Boulevard (Dan Burns Oldsmobile) from PC (Planned Commercial) zone district to AC (Automotive Commercial) zone district. This rezoning request is corrective in nature. The existing use is a full service automobile dealership which was built in several phases between 1970 and 1985. During the adoption of the LDRs this parcel was incorrectly rezoned from SC (Specialized Commercial) to PC. The dealership is non-conforming under the PC zoning designation; therefore, rezoning to AC is appropriate. The Planning and Zoning Board at their January 11th meeting recommended approval. A detailed staff report is attached as backup material for this item. At the January 26th regular meeting, Ordinance No. 7-93 was passed on first reading by a 5-0 vote. Recommend approval of Ordinance No. 7-93 on second and final reading. fQ~ .tj -0 " ' - , ORDINANCE NO. 7-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSIFICATION FOR A PARCEL OF LAND AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PC (PLANNED COMMERCIAL) DISTRICT TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT: SAID LAND BEING LOCATED ON THE WEST SIDE OF . . FEDERAL HIGHWAY, SOUTH OF LINTON BOULEVARD: AND CORRECTING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1990"; 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 October 1, 1990, as being zoned PC (Planned Commercial) District; and, WHEREAS, a review of City records indicates that such zoning classification was inadvertently applied to said property: and, WHEREAS, at its meeting of December 14, 1992, the Planning and Zoning Board initiated a corrective rezoning of the property from PC (Planned Commercial) District to AC (Automotive Commercial) District and directed staff to prepare an analysis of the rezoning: and, WHEREAS, at its meeting of January 11, 1993, the Planning and Zoning Board, as Local Planning Agency, reviewed this item and voted unanimously to recommend approval of the rezoning, based upon positive findings: and, WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be corrected to reflect the proper zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, dated October 1, 1990, be, and the same is hereby corrected to reflect a zoning classification of AC (Automotive Commercial) District for the following described property: TRACT "A" OF THE PLAT OF GM'S ACRES, according to the Plat thereof recorded in Plat Book 29, Page 12, of the Public Records of Palm Beach County, Florida, and the South 1/2 of Avenue "A" lying between Dixie Highway and S.R. #5 (U.S. Highway No. 1), LESS THE WEST 76 FEET THEREOF. The subject property, which is the site of Dan Burns Oldsmobile, is located on the west side of Federal Highway, south of Linton Boulevard: containing a 4.32 acre parcel of land, more or less. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, correct the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. , ' ( -= ~ Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court' of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - ORD. NO. 7-93 . :'1{ 1_._ .: )...,1 ( , , ' C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER .. THRU: D 10 J. KO AC~R DEPARTMENT OF PLANNING AND ZONING J DIANE DOMINGUE~ ~ FROM: PLANNER III \ SUBJECT: MEETING OF JANUARY 26, 1993 APPROVAL ON FIRST READING OF A REZONING OF TRACT "A" OF THE PLAT OF G.M. 'S ACRES (DAN BURNS OLDSMOBILE) FROM PC (PLANNED COMMERCIAL) TO AC (AUTOMOTIVE COMMERCIAL) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a rezoning from PC (Planned Commercial) to AC (Automotive Commercial) for Tract "A" of the plat of G.M.ls Acres. The property, which is the site of Dan Burns Oldsmobile, is located on the west side of Federal Highway, south of Linton Boulevard. BACKGROUND: This rezoning request is corrective in nature. The existing use is a full service automobile dealership which was built in several phases between 1970 and 1985. In October 1990, the site was incorrectly rezoned from SC (Specialized Commercial) to PC (Planned Commercial) as part of the Citywide rezoning. The existing dealership is non-conforming under the PC zoning designation. This non-conforming status was recently discovered during a technical review of an adjacent parcel. At its meeting of December 14, 1992, the Planning and Zoning Board initiated a corrective rezoning of the property from PC to AC. The attached staff report was prepared pursuant to that action, and contains an analysis of the rezoning. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed the item at its , ' City Commission Documentation Corrective Rezoning; Dan Burns Oldsmobile Page 2 meeting of January 11, 1993, and voted unanimously to recommend approval of the rezoning from PC (Planned Commercial) to AC (Automotive Commercial). RECOMMENDED ACTION: By motion, approve on first reading a rezoning of Tract "A" of the plat of G.M. 's Acres from PC (Planned Commercial) to AC (Automotive Commercial), 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). Attachment: * P&Z Staff Report PLANNING & ZONING BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- M. ;ING DATE: January 11, 1993 AGENDA ITEM: ILA.1. ITEM: Corrective Rezoning, PC to AC, Dan Burns Oldsmobile Located on S. Federal Highway _t_ - -- ( NERAL' DATA: Owner.........................Dan Burns Oldsmobile, Inc. Agent.........................David~. Harden City Manager Location......................west side of Federal Highway, south of Linton Boulevard. Property Size.................4.32 Acres City Land Use Plan............General Commercial City Zoning...................PC (Planned Commercial) Proposed Zoning...............AC (Automotive Commercial) Adjacent Zoning........North: AC East: AC South: AC West: CF (Community Facilities) Existing Land Use.............Existing automobile dealership. Proposed Land Use.............Existing automobile dealership. Water Service.................Existing on site. Sewer Service.................Existing on site. II.A.1. " , . 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 PC (Planned Commercial) to AC (Automotive Commercial). The subject property is Tract "A" of the plat of G. M. 's Acres, which is the location of Dan Burns Oldsmobile, a full service automobile dealership with a total area of 4.32 acres. It is located on the west side of Federal Highway, 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: The subject property was platted as a portion of G. M. 's Acres in 1969. The existing facility was built in several phases between 1970 and 1985. In October 1990, the site was rezoned from SC (Special Commercial) to PC (Planned Commercial), as part of the Citywide rezoning and adoption of the Land Development Regulations. The existing automobile dealership is a non-conforming use under the PC zoning designation. This non-conformity was discovered during the technical review of a project on an adjacent parcel. As it was not the City's intention to eliminate this existing use, this corrective rezoning of the property to AC (Automotive Commercial) was initiated by the Planning and Zoning Board on December 14, 1992. 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, certaln 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. Flndings 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 General Commercial. The requested zoning . P&Z Staff Report Rezoning from PC to AC for Dan Burns Oldsmobile Page 2 change is from PC (Planned Commercial) to AC (Automotive Commercial) . The . proposed zoning designation of AC is consistent with the General Commercial Future Land Use designation. The existing automobile dealership on the property is a permitted use in the proposed AC zoning district. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service establlshed within the Comprehensive Plan. As the site is currently developed, and the rezoning is corrective in nature, no additional demand for service capacity will be generated by this action. No future development of the site is proposed. A posi ti ve finding can be made with respect to concurrency. Consistency: Compliance wlth the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted comprehensive Plan may be used in the making of a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: Land Use Element Policy A-2.4: - Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the followlng shall be adhered to: * Auto related uses shall not be permitted in the CBD Zone Distrlct or within the geographlc area along Federal Highway which extends four blocks north and three blocks south of Atlantic Avenue. * Automobile dealerships may locate or expand west of Federal Hlghway or between the one-way pair system (except as restricted above), This automotive use is an existing, established use. It is located west of Federal highway, south of Linton Boulevard, and is not in any of the areas subject to this policy. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: " ' . P&Z Staff Report Rezoning from PC to AC for Dan Burns Oldsmobile Page 3 D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an Incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is currently zoned PC. The property is adjacent to AC zoned properties with existing automotive uses on the north, south, and directly across Federal Highway. The property to the west of the site (Miller Park) is zoned CF (Community Facilities). The site is separated from the park by 200' of right-of-way. The uses on all of the sites are existing. The zoning change will reflect the existing conditions and will not affect the compatibility of the property with adjacent uses. Section 2.4.5(0)(5) (Rezoninq Findinqs): Pursuant to Section 2.4.5(D) (1) (Findings), in addition to provlsions 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 origlnally 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 applicable reason is "a," pursuant to the following: The PC zoning assigned to the Dan Burns site was apparently for a parcel to the north of the Oelray Lincoln-Mercury site. That parcel was zoned AC in 1990, and has since been included in the Delray LinCOln-Mercury future site plan. The application of the PC designation to the subject property was inappropriate. LDR Compliance: Sectlon 4.3.4 (Development Standards Matrix): AC district requirements for minimum lot size, lot width, lot depth, lot frontage, lot coverage, density, height and setbacks are met. However 25% of the site is not maintained as non-vehicular open space as required by LOR Section 4.3.4. This deficiency applies under both the PC and AC zoning districts and . . P&Z Staff Report Rezoning from PC to AC for Dan Burns Oldsmobile Page 4 is a pre-existing condition. Therefore it is not a relevant factor in the consideration of the rezoning. Section 4.4.10 Special AC District Requirements: Section 4.4.10(H)(1) provides that the supplemental regulations for the Automotive Commercial district are applicable only for the establishment of new uses, or for the expansion of existing uses. This is an existing use and no expansions are proposed at this time. The existing automotive use is generally in compliance with the requirements of 4.4.10. Therefore, a positive finding can be made. 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) . Neighborhood Notice: Formal public notice has been provided to property owners within a 500' 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: * Tropic Bay Condominium Association * Tropic Isles Homeowner's Association who have requested notification of petitions in that area. Letters of objection, if any, will be presented at the P & Z Board meeting. ASS E SSM E N T AND CON C L U S ION: The proposed rezoning affects an existing land use which was zoned PC in error with the adoption of the LDR in 1990. This rezoning will not affect the intensity of development on the site or the compatibility of the site with surrounding properties. A rezoning of this property from PC to AC would allow for the continuation of and necessary improvements to the existing facilities without creating undue conflicts with surrounding developments. All required positive findings can be made. A corrective rezoning of the Dan Burns Oldsmobile site is appropriate. '. ' , . P&Z Staff Report Rezoning from PC to AC for Dan Burns Oldsmobile Page 5 A L T ERN A T I V E ACT ION s: A. Continue with direction. B. Recommend rezoning of Tract "A" of G. M.'s Acres from PC to AC, based on positive findings. C. Deny a rezoning for Tract "All of G. M.'s Acres, based on a failure to make positive findings. S T A F F R E COM MEN 0 A T ION: Recommend approval of the rezoning request for Tract "A" of G. M. 's Acres from PC (Planned Commercial) to AC (Automotive Commercial), 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). Attachments: * Location Map Report prepared by : Jeff Perkins, Planning Technician I Reviewed by DJK on : . , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER(J"- I SUBJECT: AGENDA ITEM # 10 ~ - MEETING OF FEBRUARY 9. 1993 ORDINANCE NO. 13-93 DATE: February 5, 1993 Action on this ordinance was deferred at the January 26th regular meeting. As this ordinance was advertised, a public hearing will be held on first reading. This is first reading of an ordinance which amends the Land Development Regulations by proposed changes to the entirety of the Old School Square Historic Arts District ( OSSHAD) . Direction to reevaluate the OSSHAD district originally came from a workshop session involving the City Commission, the Historic Preservation Board and others. A special task force was subsequently created, with the proposed ordinance being the culmination of these various efforts. The Planning and Zoning Board formally reviewed this item at their January 11th meeting, at which time certain concerns were raised as to the degree that retail use would be allowed within OSSHAD. At a subsequent meeting on January 25th, the Board recommended approval of the proposed ordinance, subject to certain text changes. A detailed staff report is attached as backup material for this item. I had previously made the Commission aware of my concerns with regard to the drastic reduction in parking required for restaurants from 12 spaces per 1,000 square feet to four (4) spaces to 1,000 square feet. The Planning and Zoning Board, in their review, continued their support for a uniform requirement throughout OSSHAD. Recommend consideration of Ordinance No. 13-93 on first reading. '~ I<<~ .5-0 r / / . ..J ! haW€uu, l.AJL., ~ (J~ ,J..k') ~I 'f- ~ wi em 'S ~.A..c- ~~ud. p4.~- 1(~Ul.otidl tn1&IIL uc.ju }om .AI.lW '-~ , , - It I . (,\' ;"1 ) 1- C I T Y COM MIS S ION DOC U MEN TAT ION TO: D FROM: ZONING SUBJECT: MEETING OF FEBRUARY 9, 1993 FIRST READING, ORDINANCE AMENDMENT RE OS SHAD NOTE: THIS DOCUMENTATION IS REVISED AND UP-DATED WITH RESPECT TO THAT ISSUED FOR THE JANUARY 26, 1993 COMMISSION MEETING. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an ordinance which amends the LDRs on first reading. The proposed changes are to the entirety of the Old School Square Historic Arts District (OSSHAD) Zone - Section 4.4.24. BACKGROUND: Direction for taking a complete evaluation of the OSSHAD Zone District came from a meeting among the City Commission, the Historic Preservation Board and others. To assist in addressing the matter, a special task force was created. The major items being addressed, at this time, include: * expansion of the range of allowable retail uses; * clarification of mixed used upon a specific parcel and/or within a structure; * accommodation of the Bankers Row Master Plan; * change in parking regulations and making the in-lieu fee option available. Please refer to the Planning and Zoning Board staff reports (previously provided) for more details and a complete listing of proposed changes. . , City Commission Documentation First Reading, Ordinance Amendment Re OSSHAD Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of January 11th. Three individuals (Fulton, Jamison, Weiner) generally supported the changes but did express concerns with the degree to which retailing would be allowed. One individual (Finst) raised concerns about some of the requirements which were being deleted (e.g. boundary separation, parking between structures and the streets, expansion of retail use) . Due to the concerns dealing with retail use, the Board continued its consideration of the amendment to its meeting of January 25th. At that meeting, the Board determined it most appropriate NOT to make any changes to the existing language with respect to retail uses. The Board did entertain an addition. to the "Purpose and Intent" statement as requested by the Historic Preservation Board. The Board also considered concerns raised by the City Manager regarding the change in required parking for restaurant use; however, they continued support for a uniform requirement throughout OSSHAD. The Board then forwarded the proposed text, with additional changes, with a recommendation of approval on a 5-0 vote (Felner and Currie absent). COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Subsequent to the Planning and Zoning Board meeting, the CRA conducted another review of the proposed amendment. At this time they provided the following: * support for the expansion of the retail uses; * opposition to the deletion of colleges, seminaries, universities f~om allowable conditional uses. The CRA has scheduled another session for review of this, and other LDR amendments. That session will be held on Thursday, February 4th. Their additional comments, if any, will be provided at the Commission meeting. RECOMMENDED ACTION: This item has been scheduled for review at a public hearing at this time because we provided a dual-notice for the public hearings at both the Planning and zoning Board and for the City Commission. Attachment: * Ordinance by others DJK/CCOSSHAD.DOC , -- 11 II ORDINANCE NO. 13-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING I REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE I HISTORIC ARTS DISTRICT (OSSHAD)", OF THE LAND ,I I DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF :i THE CITY OF DELRAY BEACH, FLORIDA; PROVIDING A SAVING Ii CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE II DATE. II !' WHEREAS, the City Commission of the City of De1ray Beach, Florida, is desirous of encouraging the orderly, yet innovative, development and redevelopment of the Old School Square Historic Arts District; and, II WHEREAS, the City Commission of the City of De1ray Beach wishes to promote the preservation and adaptive reuse of all II structures within the District; and, i WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meetings of January 11, 1993, and January 25, 1993, and has forwarded the change with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the :! objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: :1 Section 1. That Chapter 4, "Zoning Regulations", Article , I 4.4, "Base Zoning District", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 4.4.24 Old School Square Historic Arts District (OSSHAD) (A) Purpose and Intent: The Old School Square Historic Arts District (OSSHAD) is a mixed use district which is intended to: * Provide for mixed uses of residential, office, and itt. telite~ commercial activities, with an emphasis on the arts, that will encourage the restoration or preservation of historic structures and, yet, maintain and enhance the historic and pedestrian scale of the 0ld $t~001 $~~ate Ht.t0ttt 0t.ttttt ~; ,I q * Stimulate greater awareness and pride in the City's i architectural heritage, and create an atmosphere and I feeling of "Old Delray Beach"; * Improve the environmental quali ty and overall i liveability of this Historic District and stabilize and improve property value therein, and; * Allow uses which promote preservation and adaptive reuse of all structures within the District. (B) Principal Use and Structures: The following types of use are allowed within the OSSHAD as a permitted use: (1 ) Residential uses of single family detached dwellings and duplexes. . - (2) Business, Professional, and Governmental Offices. (3) Retail sales through speciality shops (single purpose businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops. 'i A.1 t~e/ptep.t.tl~ri//~t/tpett.Itt//q~nt~et/t~~~.//ai~ t~ett/'aIe/eti~et/t~t~nq~/t.tettriq/~t/~ttett/taIe./AeJqJi/a/tate1J (Si) Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation of, ;, display of, and/or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. (S5) Educational and/or Instructional tatiliiies activities including training, vocational, or craft schools, t~lIeqe.i//te~iriatte'i///nrittettttteti the arts, arid personal development, tri.tttntt~ri'l and libraries~museums~ and social and philanthropic institutions. (76) Restaurants Ae/qJi of a sit down nature such as a cafe, snack shop.~ full service dining, but excluding any drive-~nt and/or drive-through'1 facilities or features. (i7) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists. (~~) Bed and Breakfast Inns. (109)Within the following described areas, the uses allowed as permitted uses in Section 4.4.l8(B) pursuant to the base district and special provisions of the Central Business District regUlations shall also be allowed in the OSSHAD: (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7, Block 69 (d) Lots 7- 8, Block 75 (e) Lots 1- 6, Block 76 (C) Accessory Use and Structures permitted: The following '~ uses are allowed when a part of / or accessory to, the principal use: II Ii (1) Uses and structures normally associated with :1 residences such as: bird aviaries, dog houses and dog runs, garages / i! greenhouses, guest cottages, playhouses, pool houses and q covers/enclosures, pump houses, slat houses, storage sheds, ,i workshops, swimming pools, and home occupations. II (2) On a parcel that has as its principal use a non-residential use/ there may be one A single family residence, either within a separate structure or within a structure housing a non-residential use~ provided that one of the te.tderite/tt//0it~pi~~ ~t/i~e situations exists: ~ the residence is occupied by the owner, , proprietor, or employee of a business Ii enterprise conducted on the property/;or, lEl the business is owned, or operated, by the owner of the parcel; or/ - 2 - Ord. No. 13-93 lEl the residence is occupied by the owner of the parcel. (3) Family Day Care. (4) Parking lots and refuse storage areas. J1l Outdoor dining areas which are accessory or supplemental to a restaurant or business use, provided the operation of the outdoor dining area is limited to daylight hours. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: ~Zl ~~sLd~rittal/~riLts/wtt~Lrilla/stt~tt~tellt0ritaLritn~ pet~ttted/ri0fttesLderittalll~se~sllpt0tLdedllt~atlt~ellt~.Lderittalll~se d0e./ri0t/~~teed/S0~/6flt~~llqt0.s/fI00t/atea/6flt~e/stt~tt~tellwtt~tri w*Lt*lt*eYliie/10titedi (1) The existence of more than one residential use on a parcel upon--which there is mixed use (residential and non-residential usage). More than one residential unit may be located within a mixed use structure. ill On a parcel that has as its principal use a non-residential use, residential use which occurs other than as provided for in Subsection (C) (2) . III Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. (24) Adult congregate living facilities, Alcohol and Drug Abuse treatment facilities, Child Care, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes. (31) Parking lots not associated with a use. (E) Review and Approval Process: (1) All principal uses and accessory uses thereto, which do not require a permit for external modifications shall be allowed upon application to, and approval by, the Chief Building Official. (2) Structures which require a building permit for external work must receive approval from the Historic Preservation Board' through the issuance of a Certificate of Appropriateness. (3) For new development, approval must be granted from the Historic Preservation Board pursuant to Sections 2.4.5(E), (G) and (H). (4) Conditional uses must be approved pursuant to Section 2.4.5(F). Prior to action by the Planning and Zoning Board, the use request must be reviewed by the Historic Preservation Board with a recommendation forwarded by them. (F) Development Standards: The development standards as set forth, for the OSSHAD District, in Section 4.3.4 apply, except for: t*0sellat~asltderittftedlltn/~~~settt0rill~!I~Z01Iw~tt~llt~aZII/~e s~~lettlt0It~~/standatdt/6flt~e/t!0It0fte/0tsttttti ill The following locations shall be subject to the standards of the CBD Zone District: - 3 - Ord. No. 13-93 , - l!l Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 lEl Lots 1- 7, Block 69 (d) Lots 7- B, Block 75 ~ Lots 1- 6, Block 76 ill Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the Banker's Row Development Plan, whichever is more permissive. (G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply: (1) Parcels located along N.E. 1st Avenue between N.E. 2nd Street-aDd N.E. 3rd Street (Banker's Row) shall comply with either provisions of Article 4.6 of these Supplemental District Regulations [Subsection (G)J, or provisions of the Banker's Row Development Plan, whichever is more permissive. ill The perimeter landscaping requirements of Section 4.6.l6(H) (3) (e) shall not apply. (21) All parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. Where there are existing buildings or structures, ~0weYeti/the Historic Preservation Board may waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the tesLdentLtI character of the area will be maintained. If approved, such parking shall be substantially screened from off-premises view by a hedge' or decorative fencing. At/lettt//f~~t feet/Ln/~eL~~t' (14) a~sLness////And////pt0festL0nAI////0ffLtes All non-residential uses shall provide one parking space per 300 sq. ft. of total ~ floor area or existing floor area being converted to non-residential use. This requirement may be reduced to one parking space per 400 sq. ft. of total floor area, or by at least one space, where there is a mix of residential and 0ffLte non-residential use in the same structure. J1l If it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to Section 4.6.9(E) (4), the in-lieu fee option provided in Section 4.6.9(EI (3) may be collected. For the purpose of this provision, "inappropriateness" may be considered in relationship to the historic character of this zone district. ~31 Wit~in/t~e/AteA/desi~nAfed/~f/$~~tetti0n/~al~101J t~e/A~0te/e*teptL0ns/t~All/n0t/tppltJ (H) Special District Regulations: ill Residential units within a structure containing permitted nonresidential use(s) shall not use more than 50% of the gross floor area of the structure within which they are located. ill Residential uses shall comprise no less than 10% of the uses in the OSSHAD District as expressed by the exclusive use of individual parcels, other than condominium ownerships. The existence of an occupational license, except for one issued for a home occupation, shall establish that such a parcel is non-residential. - 4 - Ord. No. 13-93 ,j :i Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. Tha t all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. 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 , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 5 - Ord. No. 13-93 , , , PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 25, 1993 AGENDA ITEM: III.A. through III.e., Old Business ITEM BEFORE THE BOARD: These three items were reviewed at your January lIth meeting. A public hearing was held on each, but action was deferred to this meeting. Each item needs to be acted upon with a recommended action forwarded to the City Commission. BACKGROUND & ANALYSIS: ITEM "A", Boat Parking In Front Yards: Testimony was taken from an affected property owner in support of adding a waiver provision. The Neighborhoods Task Team representative spoke in opposition as did Alice Finst who also provided a history of regulations pertaining to storage of boats in residential areas. The Board was split with some members believing that II boating" was a part of the South Florida lifestyle and that we needed to be more sensitive to individuals who wish to partake in that aspect of our lifestyle. Other members felt that the keeping of a boat was a choice as opposed to a necessity and that the larger issue of neighborhood stabilization dictated that the current restriction not be compromised. A copy of the previous documentation is attached for your convenience. ITEK "B", 08IRAD:;;o;'JlaeftiSlaenta: The only item of continuing concern at the hearing dealt with "retail use". Some testimony suggested that by referral to the CBD regulations (hence GC regulations), too much was being allowed. Some testimony was to the effect that going beyond what exists compromises the intent of the District. The CRA supported the expansion of the retail use as drafted and opposed limitations on the referenced list. HPB excluded II automotive parts", II lawn care equipment II , "appliances", and changed lIelectrical fixtures and supplies" to IIlighting fixtures and suppliesll. At the hearing, a suggestion was put forward that a listing of uses be prov ided. Another suggestion was that a reference be made, but then we also list retail items which are not to be sold within the district. The Director's comments on the above are as follows: ~~.-\\\..t... P&Z Staff R\ Jrt III.A. through III.C., Old Business Page 2 As is situation: The "as is" situation would be guided by the definition of single purpose speciality retail (copy attached). The application of this definition would allow a store to sell more than one product provided that there was a close relationship among the products e.g. "Shinning Through" would be allowed even though they sell several products because each of the products relate to its speciality of "new age" products. However, the selling of general apparel would not mix with a general book store. Expansion to General Retail: As written, our code allows use through categories as opposed to a specific listing. The list which is provided is descriptive as opposed to prescriptive. Once the decision is made to allow, for example, general apparel and general book sales in the same store we are detailing with general retailing. Making a specific listing: This was the practice prior to the LDRs. It was not well accepted, it lead to problems in administration, and problems in the delays which occurred as formal determination was made to add another use. The situation got to the point that an ordinance was required for each addition. I would not like to go back to that potential. Making a list of "excluded" items: Previously, the City Attorney ruled that a listing of "excluded" items was not appropriate. Hence, the extensive list of "permitted" items. Hence, the potential for the above. Also, once an item is listed as "excluded", it can only be accommodated by an ordinance amendment (P&Z review, public hearing at the City Commission) . For example, under the HPB exclusions - if one wanted to sell old fashioned ceiling lights, it would be prohibited and it would require a code amendment to accommodate it. Director's recommendation regarding retail use in OSSHAD: While the excluded item approach can be accommodated, I recommend that either the existing language remain (single purpose speciality shops) or the proposed language be recommended. [Note: There is one modification and that is the addition of the subsection reference as (B)i!l.] Other OS SHAD items: In addition to the retail use issues, two other items have been raised since the last meeting. These pertain to restaurant parking and the purposed statement. Restaurant Parking: A concern has been aired that the change from 12 spaces per 1,000 to about 3 per 1,000 is significant and should be given due consideration. The Director's recommendation remains based upon (1) uniformity, (2) the situation where the same parking rule applies in the CBD 1 P&Z Staff Report III.A: through III.C., Old Business Page 3 district, and (3 ) we are looking to building conversions as opposed to new development and most such restaurant use would presumably be by foot traffic during the day and in the evening hours, the "vest pocket" and public parking areas in the vicinity would be used. Proposed Statement: HPB requested that reference to "arts related" be kept in the purposed statement. The Directors suggestion to accommodate this request is to reword as follows: . Provide for mixed uses of residential, office, and atto~ tela toed commercial activitiesL with an emphasis on the arts, that ..... ITEM "C" - Auto Repair Use in the AC Zoninq District: There were split opinions from the Board on this issue. The item was deferred so that a broader representation from the Board could consider the matter. RECOMMENDED ACTION: Reconsider each of the above items. Public comment can be limited (or excluded) since the hearings were . conducted qn January 11th. Attachments: * Original staff reports to Boardmembers only Report prepared by: DJK/PZOLDBUS.DOC :c~.:.-.] PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: II.C.s. Consideration of Amendments to the Old School Square Historic Arts District (OSSHAD) I T E M B E FOR E THE BOA R D: The item before the Planning and zoning Board is the consideration of several proposed amendments to the Old School Square Historic Arts District, and the making of a recommendation(s) to the City Commission. B A C K G R 0 U N D: The proposed amendments to the OSSHAD have evolved from a long history. Please refer to the attached write-up on the history of this subject for a chronology and details. The changes being proposed at this time pertain specifically to OSSHAD. They are primarily driven by direction from a July, 1992, meeting among members of the Planning and Zoning Board, the Historic Preservation Board, the Old School Square Homeowners ASSOCiation, and a special review committee. A N A L Y S I S: The items addressed in this staff report are organized as follows: 1. Purpose Statement 2. Retail Use 3. Accommodating Mixed Use 4. Outdoor Dining 5. Accommodating the Bankers Row Master Plan 6. Applicability of Perimeter Landscaping Requirements 7. Parking Regulations and Addition of the In-Lieu Fee Option 8. Retention of Residential Usage. Other changes shown on the attached mark-up of Section 4.4.24 are self-explanatory. Another related item, that of an expanded basis upon which to grant a waiver of development regulations, is addressed in a separate, but accompanying, staff report. 1l..\...S , ' P&Z Staff Report OSSHAD Text Amendment Review Page 2 Several other items which were discussed in the review and preparation of these recommendations apply to all historic districts and not, just specifically to OSSHAD. Those items include: fencing height and materials, fence locations, fence and hedge combinations. This consideration was deferred to inclusion as an amendment to the Historic District Overlay regulations. 1. Purpose Statement: Changes are shown which provide more emphasis upon general commercial (retail) usage, as opposed to an "arts and crafts" emphasis. This emphasis is furthered by language which places adaptive reuse on a footing with preservation. 2. Retail Use: The restrictions upon specialty shops and single purpose retail shops is deleted from Subsection (B) (2) and the sale of general retailing merchandise is accommodate. This change is consistent with the direction from the July 27, joint meeting. Since, the allowables are expanded to accommodate those in the CBD, the special provision [formerly ( 10) ] for properties along Atlantic Avenue is deleted - it is no longer needed. The intent of this amendment is to increase redevelopment interest by removing the single purpose business stipulation and thereby expanding commercial/retail business opportunities. The rationale for this change is the feeling that the single purpose stipulation is restrictive and may act as a deterrent to locating viable businesses within the District. The removal of the single purpose stipulation represents a change of the intent of the Historic Preservation Board when OSSHAD was initially considered and created. Specialty shops were represented, at that time, as projecting the image the Board wished to establish in the District. 3. Accommodatinq Mixed Use: Just how to accommodate mixed use (residential and non-residential) has been one of the most controversial and complex matters discussed throughout OSSHAD's history. While mixed use within a structure and on a single parcel is acceptable, the consensus is that there should be some limits or controls. In the situation where there is a reasonable relationship among tenants and other interests on the site, it is felt that reasonable control (concern) will occur naturally. Where there may be multiple residential situations on a mixed use parcel, there is a feeling that a greater degree of control is appropriate. P&Z staff Report OSSHAD Text Amendment Review Page 3 The above situations have been accommodated by allowing the former as an "accessory use" with a better description provided. This description is expanded to have more allowable situations that currently exist. The latter situation is accommodated through the conditional use process. Subsections (C)(2), and (D)(1)&(2) reflect these changes. 4. Outdoor Dininq: The Historic Preservation Board's intent in creating OS SHAD was that outdoor cafes, or outdoor dining areas were just a normal part of cafes. However, restaurants beyond the scale of "cafes" appear to be viable uses within OSSHAD. Thus, there is a need to clarify "outdoor dining" as allowed in the OSSHAD. Discussion among the HPB, staff, and the P&Z Board identified potential negative effects from allowing a restaurant in a mixed use district. As a result, the direction which emanated from the July 27, joint meeting was that outdoor dining areas which are supplemental to a primary restaurant use and limit hours of operation to daylight hours should be allowed as an accessory use. Outdoor dining areas which operate at night or are clearly the principal use or purpose of the restaurant should be a conditional use. These changes are accommodated in Subsections (C)(S) and (D)(3). 5. Accommodatinq the Banker's Row Master Plan: These changes incorporate the Banker's Row Master Plan into OSSHAD and allow its provisions to be used in-lieu of standard district regulations and supplemental district regulations. In other words, site specific development can occur pursuant to the Bankers Row Development Plan. If the Plan is unclear, or the normal regulations are more lenient, then the normal regulations shall be used. Subsections (F)(2) and (G)(1) apply. 6. Applicability of Perimeter Landscapinq Requirements: The perimeter landscaping requirement, Section 4.6.16(H)(3)(e), is not appropriate within OSSHAD, nor may it be appropriate in other mixed use situations. This provision provides as follows: (e) Where any commercial or industrial areas abut a residential zoning district or properties in residential use, in addition to requirements established for district boundary line separators in the zoning code, one ( 1 ) tree shall be planted for every twenty-five (25) feet to form a solid tree line. , ' P&Z staff Report OSSHAD Text Amendment Review Page 4 This requirement for trees usually cannot be met due to the small size of parcels within OSSHAD and the existing vegetation and general encroachment of existing structures into yard areas. Even though it is recommended that the above requirement not apply, when appropriate, the HPB can impose appropriate buffering as a condition of site plan approval. In a related regulation, the special district boundary treatment requirements of Section 4.6.4 do not apply since they address separation requirements between adjacent zoning districts and not between uses. 7. Parkinq Requlations: The parking regulations within OS SHAD gave special accommodations for business and professional uses, but not for retail, restaurant, and other commercial uses. When the special Parking Task Force addressed this area, they suggested that a uniform parking requirement be imposed. Thus, since we are amending the OSSHAD, it is appropriate to make the amendment at this time. The proposed change s impl y expands to the existing standard for offices to all non-residential uses, including restaurants, instructional facilities, etc. Also, the option of using the in-lieu fee when on-site parking cannot be provided or would be inappropriate, is provided. In addition, a special criteria - that of an adverse impact upon the historic character - is an allowable basis for allowing the in-lieu fee to be used, even though spaces can be accommodated on-site. 8. Retention of Residential Use: The intent of the proposed mixed use limitation amendment is to assure that, over time, land uses within the OS SHAD will remain diverse, rather than become dominated by one single use or group of uses. In this case, it is desired that the commercialization of the area not totally remove its residential aspects. This is desirable from both a land use and a historic preservation perspective. The impetus for this requirement came from the State's review of the City's Comprehensive Plan Amendment 91-1. The State advised that mixed use zoning districts must contain a limitation on the percentage or amount of uses allowed. OSSHAD is presently comprised of 197 ownerships, 157 (80.7') of which are residential. Given the high percentage of residential use in the District today, it is unlikely that mix of residential use to nonresidential use in the District will be dramatically reduced in the foreseeable future. However, the concern/issue expressed by the State is valid, and staff recommends an amendment to the LDR's to accommodate this concern. P&Z Staff Report OSSHAD Text Amendment Review Page 5 The direction from the July 27 joint meeting was that the residential component of the OS SHAD not be less than 10% as expressed by the principal use of the parcels in the District. Parcels are to be defined by ownership, and nonresidential usage is to be determined by the issuance of an occupational license for a property/parcel. Home occupational licenses shall not be considered as a commercial use of a property. R E COM MEN 0 E 0 ACT ION: It is not necessary to forward this proposal at your January 11th meeting. Given the complexity of the matter, further review may be appropriate. However, it appears that a reasonable approach has been devised for each of the issues which have been raised during the review process. Attachments: * A mark-up of .4.24 showing additions and deletions * A History of ~~~u Report prepared by: REPORT. DOC DJK/T:RST.DOC , . . -.........~-_._- liT~ D~ DElRAY BEA[H 'oC' . . ~. .:.. '. :. ~,;..J =- . )~_"_ ( 2~':":H ;:LORIDA 33444 . 407'243-7000 December 31, 1992 Dear OSSHAD Property Owners and Neighbors to the OSSHAD District: The enclosed notice is to advise you that changes are being proposed to the Old School Square Historic Arts District (OSSHAD) zoning district. These proposed changes will be heard by the Planning and Zoning Board, at a public hearing, commencing at 7:00 p.m. on Monday, January 11, 1993. The hearing will be held in the City Commission Chambers. This topic is one of many which will be heard that evening. The proposed changes have resulted from several meetings of the Historic Districts Zoning Review (HDZR) Committee, (established by the City's Planning Department in OctOber, 1991), City staff, and a joint meeting between the HDZR Committee, the Planning and Zoning Board, and the Historic Preservation Board in July, 1992. As you can see, the content of the current OSSHAD have been discussed for quite some time. There is a general thought that this special zoning district has not provided the impetus for innovative reuse and redevelopment which is desired; thus, one reason for the proposed changes. To assist you in understanding the proposed changes and how they may affect your property, we have compiled the following brief explanation regarding the most significant of them. A full copy of the proposed OS SHAD text with changes highlighted should be available in the Planning Department Office on Tuesday, January 5, 1993. 1. Expansion of allowed retail uses: As currently written, retail use is limited to "specialty shop" which engage in single purpose sales such as bath shops, book stores, florists, boutiques, etc. The proposed allows the sale of several retail items in a single location and broadens the scope of items which may be sold. 2. Restaurants and outdoor dininq: The initial concept in OSSHAO was for cafes, gourmet shops, and small restaurants. This concept is being expanded to accommodate all types of food service (excluding drive-in and drive-through), including outdoor dining. --. To: OSSHAD Property Owners & Neighbors Re: Proposed Changes to the OSSHAD Zoning District Page 2 3. Mixed residential and commercial use on the same parcel: OSSHAD currently allows a single family residential use of a property as accessory to a nonresidential (business, commercial) use of the same property; but only when occupied by the property owner, the proprietor, or an employee of the nonresidential use. The proposed change allows that, in addition, any person may occupy the dwelling if the nonresidential use is owned or operated by the property owner. Also, any such mix of use will - in the future - be accommodated only through the conditional use process (public hearing and City Commission action). 4. The Banker's Row Master Plan: This Plan is adopted, by reference, thus allowing development which might otherwise be in conflict with the OSSHAD regulations to occur. 5. Boundary Landscaping: Current requirements for one tree to be planted every twenty-five feet (25') between mixed use or commercial site and residential uses is to be deleted. 6. On-Site Parking: Provision will be made to allow an in-lieu fee to be paid when providing on-site parking is not practical or possible. In addition to the proposed changes to the OSSHAD, the Board will consider another text amendment which will provided the Historic Preservation Board with an additional criteria upon which to base the granting of a variance to development regulations. The proposed additional criteria is "When variances are essential for the adaptive reuse of a structure." Questions about these proposed changes or how you can participate in the hearing should be directed to me at (407) 243-7044. fiincerely, If ;UW/7n,,- M?r.. Jasmin Allen, Planner I Department of Planning and Zoning Enclosure · Notice * Location Map T:\OSSHAD\NCVLTR.DOC , ' _ .. _ [11 j j .. . u _ II 0 ~ x I i -..- .. ~ DIll . I)C )( I. - )( llit J :I)C)( llit}( ~ I ~ )I( )I( )(~ ~}()C ~~. . ~ ~ llit }(}( )( )c: X XK .. ... _ ~ V 'JL' 'II ~~~ )C~= ~ X ~X )( ~X ~ . ~ II)()(')I. }C )C Xx X XX )I( W I){ )(.,?< J)c~ { v x)C)C ~ 'X'", I I && .. V V ,., lAX }C X 111: ~ .. I. 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Section 4.4.24 Old School Square Historic Arts District (OSSHAD) (A) Purpose and Intent: The Old School Square Historic Arts District (OSSHAD) is a mixed use district which is intended to: * Provide for mixed uses of residential, office, and attlll teZat.eGl commercial activities that will encourage the restoration or preservation of historic structures and, yet, maintain and enhance the historic and pedestrian scale of the 0Z~ stx~~Z S~nate Mlit.~tlt 0Iit.tltt.1 ~. * Stimulate greater awareness and pride in the City's architectural heritage, and create an atmosphere and feeling of "Old Delray Beach"; * Improve the environmental quality and overall liveability of this Historic District and stabilize and improve property value therein, and; * Allow uses which promote preservation and adaptive reuse of all structures within the District. (B) Principal Use and Structures: The following types of use are allowed within the OSSHAD as a permitted use: ( 1 ) Residential uses of single family detached dwellings and duplexes. (2) Business, Professional, and Governmental Offices. (3 ) Retail sales t.Xt~n~X i-petlaZtt iX~plll (llllri~le pnt-p~ie ~nllllrleiieil lllntX a III ~at.X iX~pllll ~00X it.0tellll ~lft. lllX0pllll fl0tlit.il X0kSkSt iX0pllll XlttXeri iX0p~1 kS0nt.l~nellll kSltttle SX0PS of general merchandise as allowed in the Central Business Zone (CBD) District [see Section 4.4.18(B)]. (41 TXe ptepatatl0ri 0f s-petlaZtt ~0ntg\et. f00d~ ariGl t.Xelt sale elt.Xet t.Xt0n~X tatetlri~ 0t ~ltett. lllaZelll e/~/' a tatel (!4) Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation of, display of, and/or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. 1 " , (85) Educational and/or Instructional tatlIltl.e~ activities including training, vocational, or craft schools, tt/Jllet4e~1 ~etll.riatl.e~1 ~ril.iet~l.t.l.e~ the artsL irilZl personal development, lri~t.l.t.~tlt/Jri~1 and libraries, museums, and social and philanthropic institutions. (76) Restaurants e/@t.of a sit down nature such as a cafe, snack shop~, full service dining, but excluding any drive-in~ and/or drive-through~ facilities or features. (87) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists. ( 9!!) Bed and Breakfast Inns (1.el Wl.tKlff. tKe tt/Jllt/Jwlrit4 lZle~tt n~ed itei~1 t.Ke ~~e~ illt/JwelZl i~ pettlltt.elZl ~~e~ iff. Sett.it/Jri '/'/1.8(Sl p~t~~irit. t.cIS t.Ke )si~e lZll~t.tltt. arilZl ~petlil ptclSil~lt/Jff.~ clSt t.Ke terittal S~~lrie~~ 0l~t.tltt te,~lat.lt/Jri~ ~Kall al~iS )Se allc!Swed lri tKe 0SSMA0/ (al Et/Jt.; 1.3f1.81 Slt/JtK 8e ()S1 Et/Jt.~ If 'I Slt/JtK 81. (tl Et/Jt.~ lf 71 Slt/JtK 89 (lZll Ec!St.~ 7f 81 SIt/JtK 71 (el Et/Jt.~ If 81 SIclStK 78 (e) Accessory Use and structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: ( 1) Uses and structures normally associated with residences such as: bird aviaries, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers/enclosures, pump houses, slat houses, storage sheds, workshops, swimming pools, and home occupations. (2) On a parcel that has as it's principal use a non-residential use, there may be one a single family residence, either within a separate structure or within a structure housing a non-residential useL provided that one of the te~iderite l~ t/Jtt~pled )Sf t.Ke situations exists: .ill the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the propertY/L or, ill the business is owned, or operated, by the owner of the parcel; or, ill the residence is occupied by the owner of the parcel. 2 ( 3) Family Day Care (4) Parking lots and refuse storage areas. ill Outdoor dining areas which are accessory or supplemental to a restaurant or business use, provided the operation of the outdoor dining area is limited to daylight hours. (D) Conditional Uses and structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: (11 !tes .lf4ihit..liil )fJi.lts w.ltK.lJi a st.t)ftt.)fte tllSJita.lJi.lJi@t petm.lt.t.ed JillSJites.ldeJit..lal tise(sl ptllSilf4ed t.Kat. t.Ke tes.lf4eJit.lal )fse f4llSes JillSt exteed !~I llSt t.Ke @ttllSss tlllSllSt atea llSt t.Ke st.t~tt~te w.ltK.lJi wK.ltK tKet ate lllStiit.ef4J ( 1 ) The existence of more than one residential use on a parcel upon which there is mixed use (residential and non-residential usage) . More than one residential unit may be located within a mixed use structure. (2 ) On a parcel that has as it's prinCipal use a non-residential use, residential use which occurs other than as provided for in Sub-Section (C)(2). ( 3) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. (24) Adult congregate living facilities, Alcohol and Drug Abuse treatment facilities, Child Care, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes. (35) Parking lots not associated with a use. (E) Review and Approval Process: ( 1) All principal uses and accessory uses thereto, which do not require a permit for external modifications shall be allowed upon application to, and approval by, the Chief Building Official. ( 2 ) Structures which require a building permit for external work must receive approval from the Historic Preservation Board through the issuance of a Certificate of Appropriateness. (3) For new development, approval must be granted from the Historic Preservation Board pursuant to Sections 2.4.5 (E), ( G), and ( H) . 3 , ' (4) Conditional uses must be approved pursuant to Section 2.4.s(F). Prior to action by the Planning and Zoning Board, the use request must be reviewed by the Historic Preservation Board with a recommendation forwarded by them. (F) Development Standards: The development standards as set forth, for the OSSHAD District, in Section 4.3.4 apply, except for: ( 1) TH08e atea8 l~eritltle~ lri g~~8ett.10ri (81(1~1 wHltH The following locations shall be subject to the standards of the CBD Zone District (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7, Block 69 (d) Lots 7- 8, Block 75 (e) Lots 1- 6, Block 76 (2) Parcels located along NE 1st Avenue between NE 2nd Street and NE 3rd Street (Banker's Row) shall comply with either provisions of Section 4.3.4 or provisions of the Banker's Row Development Plan, whichever is more permissive. ( G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply: (1) Parcels located along NE 1st Avenue between NE 2nd Street and NE 3rd Street (Banker's Row) shall comply with either provisions of Article 4.6, of these Supplemental District Regulations [Subsection (G)], or provisions of the Banker's Row Development Plan, whichever is more permissive. (2) The perimeter landscaping requirements of Section 4.6.16(H)(3)(e), shall not apply.. (23) All parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. Where there are existing buildings or structures, )i0we1etl the Historic Preservation Board may waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the te81~erit.lal character of the area will be maintained. If approved, such parking shall be substantially screened from off-premises view by a hedge' or decorative fencing. at least.1 t0~t teet. lri Hel@Ht.J 4 (Ii) 8~~lrie~~ arid pt0tes~l0rial 0ttlte~ All non-residential uses shall provide one parking space per 300 sq. ft. of total new floor area or existing floor area being converted to non-residential use. This requirement may be reduced to one parking space per 400 sq.ft. of total floor area, or by at least one space, where there is a mix of residential and 0ttlte non-residential use in the same structure. (5) If it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to Section 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be collected. For the purpose of this provision, "inappropriateness" may be considered in relationship to the historic character of this zone district. (31 Wlt~lri t~e atea ~e~l;riat.e~ ~1 S~~~ett.l0ri (81(1011 t.~e a~0Ye etteptl0ri~ ~~aII ri0t appl1' itll Special District Requlations: 111 Residential units within a structure containing permitted nonresidential use(s) shall not use more than 50% of the gross floor area of the structure within which they are located. ill Residential uses shall comprise no less than 10% of the uses in the OSSHAD District as expressed by the exclusive use of individual parcels, other than condominium ownerships. The existence of an occupational license, except for one issued for a home occupation, shall establish that such a parcel is non-residential. IN ADDITION TO CHANGES TO 4.4.24, AN AMENDMENT IS ALSO NECESSARY TO THE TEXT OF THE FOLLOWING SUPPLEMENTAL DISTRICT REGULATIONS: Section 4.6.9 Off-Street Parking Regulations Section 4.6.9(E) Location of Parking Spaces (3) In-lieu Fee: If it is impossible ari~ or inapproprIate, a~ ~et.et~lfted ~t t~e ~lt.1 ~0~l~~l0ft' to provide the required number of on-site parking spaces, t~e ~eYeI0pmerit. mat pt0Yl~e t0t and upon approval thereof by the City Commission, the payment of a fee in-lieu of providing such required parking, or any part thereof is allowed. This provision shall be applicable only in the CBD and OSSHAD Zone District~ pursuant to the Supplemental District Regulations Provisions therein. All proceeds from such a fee shall be used for parking purposes. The fee is hereby established at $2,500 per space. Such payment must be made prior to issuance of a building permit. T:UVW 5 , . A HISTORY OF THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT - O. S. S. H. A. D. The R.O. Approach: In 1985, the City received petitions affecting approximately twenty properties along N.W. 1st Avenue requesting rezoning from RM-6 to POI (Professional Office Institutional). This initiated the first attempt at encouraging redevelopment of a portion of what is now know as the Old School Square Historic District. In response to those petitions, a new zoning district, Residential Office (RO) was created. It was adopted in January, 1986. In May of 1986, a portion of what is now OSSHAD was rezoned to RO. Prior to this rezoning, the applicable zonings were R-1A (Single Family Residential) and RM-6 (Multiple Family Dwelling District). The RO District was essentially the RM-6 District with the deletion of multiple family housing; but with the addition of business and professional offices. I n the ensuing years, these efforts did not yield the desired results. The land use in the area remained unchanged. If anything, the area was in a state of decline as residential properties turned into rentals and evidence of overcrowding began to show. In February, 1988, a request to add the use of "contractor's office" as a permitted use in the RO District failed amidst objections from surrounding neighbors. Objections focussed on the inappropriate nature of the use in the area, its conflict with the intent and goals of the RO zoning district, and that it did not represent the type of redevelopment effort which was desired. The Historic District Approach: In 1988, special "overlay districts" were created for the purpose of preserving the historic fabric of certain areas within Delray Beach. These overlay districts did not affect allowable use of the area, but only regulated aesthetics, neighborhood character, and provided some safeguards against actions which would be detrimental to the objective of appropriate historic preservation. The Old School Square Historic (Overlay) District was established on February 9, 1988. It was placed on 50 acres of land with 209 properties, 86 of which were identified as being historically contributing properties. Six base zoning districts governed the allowable land use within this overlay district. These zoning districts included the RO, POC, GC, RM-6, RM-IO and CBD. Evolution of OSSHAD: In May, 1989, the Historic Preservation Board (HPB) began consideration of a single zoning district to replace the existing six zoning districts within the Old School Square Historic Overlay Area. The Board desired to increase the marketability and focus of the Historic District through a unified zoning district which would allow additional cultural arts a~d related uses. The types of changes envisioned at that time were additional permitted uses such as: Yoga, Health Spa, and Fitness Center uses; change some conditional uses to permitted uses; shortening review and approval processing time. 1 In August, 1989, the initial drafts of the proposed zoning district was distributed for review. The use of "bed and breakfast" was added and some minor changes were suggested during the review. A general consensus was seemed to have been reached, and the proposal was put in a proper format. In March, 1990, the Historic Preservation Board considered recommendations that multiple family residences and duplexes should no longer be allowed as permitted or conditional uses in the proposed zoning district. During the ensuing review period several comments and challenges were made to the proposal, most seeking more lenient provisions. From June through August, the proposal was aired and modified during the public review process. In September, 1990, OSSHAD was created concurrently with a major rewriting of the City's Land Development Regulations (LDRs) . Individuals interested in reviewing the items of concern are invited to read a special report which addresses each of the aired concerns. Try Aqain: Early in April, 1991, dissatisfaction with two development proposals led to special work sessions among the City Commission, the Historic Preservation Board, and others. As a result of those meetings, direction was given to revisit the regulations contained within the OSSHAD regulations. In October, 1991, a special committee was put together by the Planning Department to work on this task. The Historic District Zoning Committee met four time. In March, 1992, a proposed amendment was pulled from formal processing and recirculated to interested parties for further review and comment. In July, the special committee, representatives from the OSS Homeowners Assoc~ation, and the Historic Preservation Board met directly with the Planning and Zoning Board and provided specific direction as to how to address various issues which had been raised. A dialogue on the issues and technical aspects which were aired during this six month period can be obtained from the project file. The materials presented to the Planning and Zoning Board on January 11, 1993, include direction from that July 27, 1992, work session and accommodate some intervening events and directions. T: OPQ 2 , ' . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS l ' FROM: CITY MANAGER { ./C I SUBJECT: AGENDA ITEM it IDE - MEETING OF FEBRUARY 9. 1993 ORDINANCE NO. 14-93 DATE: February 5, 1993 This is the second reading of an ordinance which amends Section 4.6.9(E)(3) of the Land Development Regulations relative to in-lieu fees for parking. This amendment is an off-shoot of the revisions proposed to the Old School Square Historic Arts District (OSSHAD) zone designation and simply provides that the in-lieu fee option shall be applicable, when appropriate, in the OSSAD as well as the Central Business District. The Planning and Zoning Board at their January 11th meeting recommended approval. At the January 26th regular meeting, Ordinance No. 14-93 was pa~sed on first reading with a 4-1 vote (Mayor Lynch dissenting). Recommend approval of Ordinance No. 14-93 on second and final reading. ~ '-1101 (1llat;P7 ~/UL ~) . .. . ~ ORDINANCE NO. 14-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SUBSECTION 4.6.9(E) , "LOCATION OF PARKING SPACES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUB-SUBSECTION 4.6.9(E)(3), "IN-LIEU FEE", TO PROVIDE THE IN-LIEU FEE OPTION TO THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD) ; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of January 11, 1993, and has forwarded the change with a reconunendation of approval; and, WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E), "Location of Parking Spaces", Sub-subsection 4.6.9(E) (3), "In-Lieu Fee" , of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (3) In-lieu Fee: If it is impossible a1ld or inappropriate'/a.//dete~!1Ied/~t//tKe/~Ltt//~~~!..L~1I' to provide the required number of on-site parking spaces, !)\e detel~p~e1lt/~at/pt~Y!de//f~t and upon approval thereof by the City Conunission, the payment of a fee in-lieu of providing such required parking, or any part thereof~ allowed. This provision shall be applicable only in the CBD and OSSHAD Zone Districts, pursuant to the Supplemental District Regulations provisions therein. All proceeds from such a fee shall be used for parking purposes. The fee is hereby established at $2,500 per space. Such payment must be made prior to issuance of a building permit. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. 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 , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading ., , - ('",^/ (fi/ C I T Y COM MIS S ION DOC U MEN TAT ION TO: AVID T. HARDEN, CITY MANAGER 'd-J~~ VID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 26, 1993 FIRST READING OF ORDINANCE MODIFYING THE LDRS -- IN-LIEU FEE PROVISIONS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance modifying the Land Development Regulations ( LDRs ) . The Section to be amended is 4.6.9(E)(3) which deals with In-lieu fees for parking. BACKGROUND: This proposed amendment evolved from an examination of the OSSHAD Zone District. When adding a provision for the in-lieu fee option to OSSHAD, it became necessary to also modify Section 4.6.9(E) (3). Also, a cross-check was done with related provisions in the CBD District special regulations. The text which is proposed provides for consistency among all of these section. There is no substantive change. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of January 11, 1993. There was no specific public testimony nor discussion of it. It will formally be forwarded with the concurrent action on OSSHAD. RECOMMENDED ACTION: By motion, approval of the proposed ordinance on first reading. Attachment: * Ordinance by others. DJK/T:CCLIEU.DOC B1.e~ -c. ~o~ (9ss-ntt U ~ 7e~" ::fllQ..L.J. t::i:)\"'aLl~~OI' '-'1'-"-"'" .....-..v.. _ ....._____ __ _..._.... _. .1.. .# ..lc.rdrl -. - _ _ ....._. 1 ..' __.; ..... ,~... ) . IN ADDITION TO CHANGES TO 4.4.24, AN AMENDMENT IS ALSO NECESSARY TO THE TEXT OF THE FOLLOWING SUPP~MENT~_DtS~RICf-8!GuLATIONS:::~-~ . . - - --, - - - - - --. -_. - -- - -. - - - - .. __ - _. -eo _ _ _ _ - - - - -... . -- -- .. .. ~ ------~--- ~;~~.-._._._~-~~---- Section 4.6.9 Off-Street Parking Regulations Section 4.6.9(E) Location of Parking Spaces (3 ) In-lieu Fee: If it is impossible Ari~ ~ inappropriate, A~ ~etet~lrie~ ~t tHe eltt e~~l~~l~nl to provide the required number of on-site parking spaces, tHe deYeZ~p~erit ~At pt~Yl~e t~t and upon approval thereof by the City Commission, the payment of a fee in-lieu of providing such required parking, or any part thereof is allowed. This provision shall be applicable only in the CBD and OS SHAD Zone District!!L pursuant to the Supplemental District Regulations Provisions therein. All proceeds from such a fee shall be used for parking purposes. The fee is hereby established at $2,500 per space. Such payment must be_made~prior.to~issuance o~ a~~~~ building permit. -c :.. I' , 1 ..it ~ . ....' r ~i: L r .'p,) , .:i (. . ~ . l.r:h : - T:UVW 5 . _-r.__._.___, ,_____,_ . .. .. . .... . . '," . . , ", . .' , . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERF).o i SUBJECT: AGENDA ITEM # 10 F - MEETING OF FEBRUARY 9. 1993 ORDINANCE NO. 12-93 DATE: February 5, 1993 This is the second reading of an ordinance amending the Land Development Regulations to provide additional criteria for granting a variance in Historic Districts. This requested change came about as a result of a workshop discussion among members of the Historic Preservation Board, Planning and Zoning Board and the task team looking at the Old School Square Historic Arts District regulations. The reason behind the amendment is to provide additional flexibility to promote the adaptive reuse of structures within Historic Districts. The Planning and Zoning Board at their January 11th meeting recommended approval of the amendment. A detailed staff report is attached as backup material for this item. At the January 26th regular meeting, Ordinance No. 12-93 was passed on first reading by a 3-0 vote (Mayor Lynch and Mr. Randolph left chambers). Recommend approval of Ordinance No. 12-93 on second and final reading. f~ '1-0 , ' . . . . ORDINANCE NO. 12-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.5.1(J), "HISTORIC PRESERVATION BOARD TO ACT ON VARIANCE REQUESTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE ADDITIONAL CRITERIA FOR GRANTING A VARIANCE IN HISTORIC DISTRICTS~ PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of De1ray Beach, Florida, is desirous of providing additional flexibility to promote the adaptive reuse of structures within historic districts~ and, WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of January 11, 1993, and has forwarded the change with a recommendation of approval~ and, WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "zoning Regulations", Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(J), "Historic Preservation Board to Act on Variance Requests", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (J) Historic Preservation Board to act on Variance Requests: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance requests the Board _Hall may be guided by the following tri//a..ttt~ri//t~ as an alternative to the criteria normally used by the Board of Adjustments. (1) That a variance is necessary to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. (b) Special conditions and circumstances exist, because of the historic setting, location, nature or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. . , (c) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district or historic site to such an extent that it would not be feasible to preserve the historic character of the historic district or historic site. (d) The variance requested is the minimum necessary to maLntaLnllt~e pteaetfatLonlllof preserve the historic character of a historic site or of a historic district. (2) Or, as an alternative to subsection (J) (1), th~a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: ~ A variance would not be contrary to the public interest, safety, or welfare. (b) The variance would not --- significantly diminish the historic character of the Historic District or Site. ~ That the v~riance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. (Z3) The Board shall otherwise follow all proceduresJ and impose conditionsJ/and/ma~elltLndLn!a as required of the Board of Adjustments. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. 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 , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 12-93 . . C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~D T. HARDEN, CITY MANAGER THRU: ~ D~J~~!fr~CTOR DEPARTMENT OF PLANNING AND ZONING FROM: DIANE DOMINGUEZ, PLANNER I~~/I.,U~ SUBJECT: MEETING OF JANUARY 26, 1993 FIRST READING, ORDINANCE AMENDING LDRs SECTION 4.5.1(J) TO PROVIDE ADDITIONAL CRITERIA FOR GRANTING A VARIANCE IN HISTORIC DISTRICTS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading, of an ordinance modifying the City's Land Development Regulations ( LDRs) . The affected Section is: * 4.5.1(J): Historic Preservation Board to Act on Variance Requests BACKGROUND: This requested change came about during a workshop discussion among members of the Historic Preservation Board (HPB), the Planning and Zoning Board, and the task team looking at the OSSHAD District regulations. The reasoning behind the regulation is that of providing additional flexibility to promote the adaptive reuse of structures within Historic districts. Please refer to the Planning and Zoning Board Staff Report for more detail. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a Special Meeting held on January 11, 1993. Mr. Sandy Jamison of the HPB addressed the i tern and supported the amendment. Mr. Jamison also suggested that the additional criteria for granting ., ' City Commission Documentation First Reading, Ordinance Amending LDRs 4.5.1(J) Criteria For Granting a Variance in Historic Districts Page 2 variances in historic districts be allowed to be used as an alternative to, rather than in addition to, the criteria used by the Board of Adjustments. The Board then forwarded the item with a recommendation of approval on a 5-0 vote (Currie and FeIner absent). RECOMMENDED ACTION: By motion, approval on first reading of the following amendments to LOR Section 4.5.1(J): ( J) Historic Preservation Board to act on Variance Requests: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance requests the Board sMall may be guided by the following lri a~~It,I<<Sri t,<<S as an alternative to the criteria normally used by the Board of Adjustments. ( 1) That a variance is necessary to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. (b) Special conditions and circumstances exist, because of the historic setting, location, nature or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district ri<<St, nor listed on.the Local Regis~er of Historic Places. (c) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character of the historic district or historic site. ( d) The variance requested is the minimum necessary to malritalri tMe pteset1atl<<Sri <<Sf. preserve the historic character of a historic site or of a historic district. ( 2 ) Or, as an alternative to Sub-Section (J)(l), that a variance is necessary to accommodate an appropriate adaptive - reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: City Commission Documentation First Reading, Ordinance Amending LDRs 4.5.1(J) Criteria For Granting a Variance in Historic Districts Page 3 (a) A variance would not be contrary to the public interest, safety, or welfare. (b) The variance would not Significantly diminish the historic character of the Historic District or Site. ( c) That the variance requested is the minimum necessary . to effect the adaptive reuse of an existing structure or site. (23) The Board shall otherwise follow all procedures I and impose conditionsl Aftd ~aXe tlftdlft;~ as required of the Board-oI Adjustments. Attachments: * Ordinance by others * P&Z Staff Report & Documentation of January 11, 1993 DD\T: CCHI5VAR. DOC , ' PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: LDR TEXT AMENDMENT RE ADDITIONAL CRITERIA FOR GRANTING A VARIANCE IN HISTORIC DISTRICTS ITEM BEFORE THE BOARD: The item before the Board - -i s that of making a recommendation to the City Commission regarding a proposed change to the LDRs. The changes contemplated will accommodate the granting of a variance based upon a basis dealing with "adaptive use". This criteria would be applicable only within Historic Districts or upon Historic Sites. BACKGROUND: The need for special relief for adaptive reuse, particularly . within the older sections of the community and in the historic districts, has been an item of discussion for quite awhile. These discussions were, perhaps, most intense early in 1991. After some joint meetings with the City Commission, Historic Preservation Board, the Planning and Zoning Board, and others, a commitment to look at the situation was made. Subsequently in task team meetings by the group looking at the OSSHAD District, there was an apparent conclusion that, based upon a review of actual variance considerations, additional criteria was not needed. . . . the record showed that most variances which were applied for, within Historic Districts, were granted. Later, at a worksession discussion with task team members, representatives of HPB and OSSHOD and the Planning and Zoning Board the issue was raised again and it was thought that it would be appropriate to establish a special criteria focused upon "adaptive reuse" and that it be applied only within Historic Districts. This subject is raised, concurrently with proposed amendments to the OS SHAD District. TEXT AMENDMENT: PROPOSED AMENDMENT TO SECTION 4.5.1(J) FOR THE PURPOSE OF BROADENING THE BASIS UPON WHICH A VARIANCE CAN BE GRANTED WITHIN HISTORIC DISTRICTSa Section 4.5.1 Historic Preservation Sites and Districts: (J) Historic Preservation Board to act on Variance Requests: Pursuant to the powers granted in Section 2.2.6(D), "'\\... C. . ~ P&Z Memorandum Staff Report LOR Text Amendment Re Additional Criteria for Granting a Variance in Historic Districts Page 2 the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance requests the Board shall be guided by the following in addition to the criteria normally used by the Board of Adjustments. (1 ) That a variance is necessary to maintain the historic character of property through demonstrating that: - -. - -+- - --~- -- -- -----_.-- (a) A variance would not be contrary to the public interest, safety, or welfare. (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. (c) Literal interpretation of the provisions of existing ordinances . would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. (d) The variance request is the minimum necessary to maintain the preservation of the historic character of a historic site or of a historic district. ill Or, as an alternative to Sub-Section (J)(l), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. ( b) The variance would not significantly diminish the historic character of the Historic District or Site. (c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existinq structure or site. , . P&Z Memorandum Staff Report LDR Text Amendment Re Additional Criteria for Granting a Variance in Historic Districts Page 3 (21) The Board shall otherwise follow all procedures, impose conditions, and make findings as required of the Board of Adjustments. ANALYSIS/BASIS FOR THE PROPOSED AMENDMENT: The reason being the above proposal is to be able to accommodate variances based upon a finding pertaining to accommodation of adaptive reuse of a structure. While this new criteria will be mainly imposed upon properties which have no historic significance themselves, it will also apply to the adaptive reuse of historic structures. In the first instance, without the proposed amendment, only the standard variance criteria would apply. That criteria is not suited for accommodating the unique objectives of mixed use districts such as OSSHAD. Also, due to the unique nature of OS SHAD (the only true mixed use zone district currently in the LDRs, besides SAD), some historic structures may be hindered in efforts of adaptive reuse due to site constraints not associated historic features [i.e. current basis for a variance - ref (J)(l)J. RECOMMENDED ACTION: By motion, forward the proposed changes to the LDRs which expand the variance authority within Historic Districts when based upon consideration of "adaptive reuse" along with a finding that the proposed change is consistent with the Comprehensive Plan and furthers Objective A- the Future Land Use Element. Report prepared by: DJK/PZVARI.DOC I - ORDINANCE NO. 6-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 37.15 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE REDUCTION OF THE NUMBER OF ALTERNATE MEMBERS OF THE CODE ENFORCEMENT BOARD~ PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires that the Code Enforcement Board of the City of Delray Beach only have two alternate members, in order to comply with Florida Statutes Chapter 162. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 37, "Delray Beach Code , Enforcement", Section 37.15, "Composition~ Appointment of Members" , of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 37.15 COMPOSITION~ APPOINTMENT OF MEMBERS. The Code Enforcement Board shall be composed of seven regular members, along wi th seYthi ~ alternate members, appointed by the City Commission. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor, and a realtor. Section 2. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 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 , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS -. , . i. i/ i FROM: CITY MANAGER t ,. ( SUBJECT: AGENDA ITEM ~ 10 G - MEETING OF FEBRUARY 9. 1993 ORDINANCE NO. 6-93 DATE: February 5, 1993 This is the second reading of an ordinance amending Section 37.15 of the Code of Ordinances to provide for a reduction of the number of alternate members of the Code Enforcement Board. This ordinance follows Commission direction to have only two alternate members on the Board and complies with Florida Statutes Chapter 162. At the January 26th regular meeting Ordinance No. 6-93 was passed on first reading by a 5-0 vote. Recommend approval of Ordinance No. 6-93 on second and final reading. ;J~ t.!-O , . I ... ORDINANCE NO. 6-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 37.15 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE REDUCTION OF THE NUMBER OF ALTERNATE MEMBERS OF THE CODE ENFORCEMENT BOARD; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires that the Code Enforcement Board of the City of Delray Beach only have two alternate members, in order to comply with Florida Statutes Chapter 162. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 37, "Delray Beach Code Enforcement", Section 37.15, "Composition; Appointment of Members", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 37.15 COMPOSITION; APPOINTMENT OF MEMBERS. The Code Enforcement Board shall be composed of seven regular members, along with seieft two alternate members, appointed by the City Commission. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor, and a realtor. Section 2. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 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 , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading - - - - - - - _.~ ........ ..... '. > ....- ..... '. - '" .-.. -- ,~ '~-iiT, IF DELAAY BEA(L ~ ~~.... I . . .. ~ ."It t'".~ " II.. . . . ....,... ; ....~., '!"~ ....",. . CITY ATTORNEY'S OFFICE 310 I.E. hl'TUn, sUln 4. DI!UAY >>f4('''.'' OR IDA JJ4AJ 401/24J.10fO . TE1ZCOfIE1l401IZ7'~1S$ . . MEMORANDUM Date: January 25, 1991 TO: City Comm.1s81on From: J.ff~.y $, Kurtz, C.Lty Atturne~ Sl.Ibject: Code Enforcement 80ard Alternat.. Our '11. '3'-'1.001 The. makeup of the City's COde ~ntorc.lI\ent Board 1. .et for~1\ Lo SectJ.on 37.15 of our Code and con.l.t.. of ..ven ~.9Ul.r and .ev.n alternate .embers. lncluaed with nu.erous other chenge. ..v.~.l y.ar. a90, S~.te .t.tu~. on code bOard. were ..ended \ to roquire only .even regular maMber. and two alternate,. Our ordinanc:.. were amended to coincide with State .t.tut.. with the. exception of tho reduction Ln the nulllber ot alt.~".t.... The ~e4.0n lt w.. not changed at ~hat t1.. was beQau.. the City Coaaml..1on w.. contemplating oJ:..tln9 . second ..ven .ember .. .... Code Board to 41lev1ate the c... load _on. the ort~inal code \ Board. Ha~at change taken plece, the plan wa. Cor a.lternat., members to become r.gular .embers on the ..cond board. --- . Obviou.ly the .econd board ha' not been cr..t4td and staff , d..lre direction on whether the.commi..iun wi.he. to continue r hav!ng ..ven alternate ..mber. to the loard. :t - Whil. not 1n total con~o~lty wl~n the st.~e atatut.., t du no~ .. believe the ukeup of our IO&~ WOUld be the auJ)lect ot a \(.. chal1enge. It t. our oftlc.'s opinion that having a dlff.~.n~ number 0 t alt.a7:nat.. than wa. conteaplat4ld by the Stat. ; statute. 1. with1n' ~be Commi..lon'. discretion. . I Should the Co.-l.'lon w1.h to reduce the number of alternate., I would .u99..t that no further alternate appolntm.nts be ..de until such ti.. .. w. are down to the la.t two alternate. and then amend the ordLnance at that ~l... Thls would l..ve u. in ; . .ituatlon where there would be up to flve untilled alternate \ po.J.t1onl on the Board and during thetper10d ot t1.. the City Clerk's ott1ce could mon1tor ~h. need for alt.rnat... \ . I, i JSIt: jw \ \ ee: D4V!d Harden, city H.n4ger Lula 8u~ler, Director or community Improvement Alison MlcGre90r Harty, City Cl.rk ! , \ \ I " , I . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ".0(..)1\ FROM: CI TY MANAGER r / ~ \ l SUBJECT: AGENDA ITEM i / () 1/ - MEETING OF FEBRUARY 9. 1993 ORDINANCE NO. 15-93 DATE: February 5, 1993 This is the second reading of an ordinance which amends Section 4.4.22 (Open Space District) of the Land Development Regulations by adding "Lifeguard stands, headquarters and necessary support facilities" as a permitted accessory use within the OS zone district. This proposed amendment came about as a result of the recent beach area parks rezonings from CF (Community Facilities) to OS. In order to accommodate a lifeguard stand which is planned for Sandoway Park modification of the OS zone district is necessary. The Planning and Zoning Board at their January 11th meeting recommended approval. At the January 26th meeting, Ordinance No. 15-93 was passed on first reading with a 5-0 vote. Recommend approval of Ordinance No. 15-93 on second and final reading. t~ 5--() . , I -- -- ._~- --------"- ---. ORDINANCE NO. 15-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.22, "OPEN SPACE (OS) DISTRICT", SUBSECTION (C) , OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING "LIFEGUARD STANDS, HEADQUARTERS AND NECESSARY SUPPORT FACILITIES" AS A PERMITTED ACCESSORY USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of January 11, 1993, and has forwarded the change with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.22, "Open Space (OS) District" , Subsection 4.4.22(C) , "Accessory Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (C) Accessory Uses and Structures Allowed: The following types of use are allowed when a part of, or accessory to, the principal use: (1 ) Parking lots (2) Restrooms, rest areas (3 ) Interpretative trails (4 ) Golf course clubhouse, pro shop, maintenance buildings (5 ) Lifeguard stands, headquarters and necessary support facilities Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. 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 I 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 15-93 . L i( C~\ C I T Y COM M r S S ION DOC U MEN TAT ION TO: VID T. HARDEN, CITY MANAGER . WJ~U~4 THRU: D J. KOVACS, DIRECTOR DEPARTMENT Or-PLANNING AND ZONING FROM: DI~~~~ SUBJECT: MEETING OF JANUARY 26, 199 FIRST READING, ORDINANCE AMENDING LDRs SECTION 4.4.22(C), ADDING "LIFEGUARD HEADQUARTERS" AS A PERMITTED ACCESSORY USE WITHIN THE OS (OPEN SPACE) ZONING DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading, of an ordinance modifying the City's Land Development Regulations (LDRs). The affected Section is: * 4.4.22(c): Open Space District--Accessory Uses and Structures Allowed BACKGROUND: This requested change came about as a result of the recent rezoning of the City's beach area parks from CF (Community Facilities) to OS (Open Space). The rezonings were initiated to address concerns expressed by the Beach Property Owner's Association that activities of a commercial nature could be established at those parks under the CF zoning. The range of uses and structures permitted under the OS zoning is limited, and would not currently accommodate a lifeguard station planned for Sandoway Park. The proposed amendment adds lifeguard stands and headquarters as a permitted accessory use. Please refer to the Planning and Zoning Board Staff Report for more detail. . ' .' city Commission Documentation First Reading, Ordinance Amending LDRs 4.4.22(C) Allowing Lifeguard Headquarters in the OS District Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and zoning Board formally reviewed this item at a Special Meeting held on January 11, 1993. Sandra Almay of the Beach Property Owner's Association addressed the item. Ms. Almay was concerned that the proposed language "Lifeguard stands, headquarters and associated support facilities" was too broad, but supported the amendment when the word "associated" was changed to "necessary." The Board then forwarded the item with a recommendation of approval on a 5-0 vote (Currie and FeIner absent). RECOMMENDED ACTION: By motion, approval on first reading of an amendment adding the following language to Section 4.4.22(C), Open Space (OS) District, Accessory Uses and Structures Allowed: (5) Lifeguard stands, headquarters and necessary support facilities. Attachments: * Ordinance by others * P&Z Staff Report & Documentation of January 11, 1993 DD\T:CCOSLG.DOC PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: II.C.S. TEXT AMENDMENT - AMENDING ACCESSORY USES AND STRUCTURES ALLOWED WITHIN THE OS (OPEN SPACE) DISTRICT ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission on a proposed text amendment to allow Lifeguard Facilities as a permitted accessory use in" the OS (Open Space) zoning district [Section 4.4.22(C)]. BACKGROUND: This amendment is being requested a s a result of recent changes in zoning from CF (Community Facilities) to OS (Open Space) for the beach parks. The zoning change was initiated at the request of the Beach Property OWners' Association (BPOA), whose members were concerned about the potential for commercial activities being established at the beach parks. It affected Atlantic Dunes Park, sandoway Park, Ingraham Avenue Park, Anchor Park, and the N. Ocean Boulevard Parking lot. While accommodating the desires of the BPOA, the rezoning did create one know problem. The Parks and Recreation Department has identified a need to provide a lifeguard station (headquarters) at Sandoway Park. The lifeguard headquarters would consist of offices, meeting rooms, locker rooms and storage of marine safety equipment. Lifeguard stations and headquarters are currently not listed as a permitted use in the OS district. Thus, the reason for this proposed text amendment. Analysis: The range of uses and structures permitted in the OS zoning district is limited. Parks, cemeteries, water bodies, and similar open areas are allowed as principle uses. Accessory uses and structures allowed include parking lots, restrooms, interpretative trails, and golf course clubhouses with associated pros hop and maintenance buildings. There are no specific provisions which allow for the already existing lifeguard stands and/or necessary lifeguard support facilities. Lifeguard stations and headquarters are essential facilities for beach personnel, and are an appropriate accessory use at beach parks. It is appropriate to list them as being specifically permitted. ff.~. ~ , . " P&Z Memorandum Staff Report Text Amendment - Amending Accessory Uses & Structures Allowed within the OS (Open Sapce) District t Page 2 RECOMMENDED ACTION: By motion, recommend to the City Commission that the accessory uses and structures allowed within the OS zoning district Section 4.4.22(C) be amended to include lifeguard stands and lifeguard headquarters and their necessary support facilities. Attachments: * Proposed Text Change Report prepared by: Jifi!'/:1 MrJ!::. Planner II Reviewed by DJK on: JM/LIFEGRD.DOC TEXT AMENDMENT TO OS ZONING DISTRICT FOR ACCESSORY USES AND STRUCTURES ALLOWED Section 4.4.22 (e) Accessory Uses and Structures Allowed: The following types of use are allowed when a part of, or accessory to, the principal use: ( 1) Parking lots (2) Restrooms, rest areas (3) Interpretative trails (4 ) Golf course clubhouse, proshop, maintenance buildings (5) Lifequard stands, headquarters and necessary support facilities. REF:T:PZOSTEXT , ' I MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ", \ FROM: CITY MANAGER!)" ~ SUBJECT: AGENDA ITEM ~ /OJ. - MEETING OF FEBRUARY 9.1993 ORDINANCE NO. 16-93 DATE: February 5, 1993 This is the second reading of an ordinance which amends Section 4.3.4(K), Development Standards Matrix, of the Land Development Regulations, to reduce the required rear setback for duplexes in the RL and RM zoning districts from 25 feet to 15 feet. The background and rationale for this proposal is outlined in the accompanying staff report. The Planning and Zoning Board at their January 11th meeting recommended approval. At the January 26th regular meeting, Ordinance No. 16-93 was passed on first reading by a 5-0 vote. Recommend approval of Ordinance No. 16-93 on second and final reading. fw~ 6-CJ . . 11 II ORDINANCE NO. 16-93 i AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF [I DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING !I REGULATIONS", SECTION 4.3.4 (K), "DEVELOPMENT STANDARDS II MATRIX", OF THE LAND DEVELOPMENT REGULATIONS OF THE :1 CODE OF ORDINANCES OF THE CITY OF DEL RAY BEACH, I FLORIDA, TO REDUCE THE REQUIRED REAR SETBACK FOR DUPLEXES IN THE RL AND RM ZONING DISTRICTS FROM 25 FEET TO 15 FEET: PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of January 11, 1993, and has forwarded the change with a recommendation of approval: and, WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the Planning and zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.3, "District Regulations, General Provisions", Section 4.3.4, "Base District Development Standards", Subsection 4.3.4(K), "Development Standards Matrix", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: SETBACKS FRONT SIDE STREET SIDE INTERIOR REAR Low-Medium Density . RL (5) t~lIy.IIt.t~"aZ Multi-family 25 25 15 25 Duplex 25 11 .ll .ll Medium/Medium-High Density RM (5) t~1IYmt~II.Z Multi-family 25 25 15 25 Duplex 25 11 15 15 (S) The provisions for the R-1-A District shall apply for sinqle family dwellings. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. ., ' = = ,I il .1 Section 4. That this ordinance shall become effective ten (10) II 'i days after its passage on second and final reading. ., PASSED AND ADOPTED in regular session on second and final i reading on this the day of 1993. ! , I i " ,I ~ . MAY 0 R if il ATTEST: II ., City Clerk it 'I I First Reading il il Second Reading I II ., :1 II il .1 ,I II I I' :! - 2 - Ord. No. 16-93 . I V '--- ~ -, '- C I T Y COM MIS S ION DOC U MEN TAT ION TO: // -01\VID T. HARDEN, CITY MANAGER ~ \ .. I r -~JV-, f.., -.... ,-. ' _\1 ./".....-.' '-' .~ / - . t" " \.' I. . _ ____..~ THRU: - DAVID J. KOVACS, DIREC~OR DEPARTMENT OF PLANNING AND ZONING FROM: DIANE DOMINGUEZ, PLANNER II~J\L~\j\,\)lil.~ SUBJECT: MEETING OF JANUARY 26, 1993 ~ FIRST READING, ORDINANCE AMENDING LDRs SECTION 4.3.4(K), DEVELOPMENT STANDARDS MATRIX, TO REDUCE THE REQUIRED REAR SETBACK FOR DUPLEXES IN THE RL AND RM ZONING DISTRICTS FROM 25' TO 15'. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading, of an ordinance modifying the City's Land Development Regulations (LDRs) . The affected Section is: * 4.3.4(K): Development Standards Matrix BACKGROUND: This requested change came about following a request made by the Woodlake Homeowners Association (formerly Homewood Lakes), to allow a reduced rear setback for units in their subdivision. The Woodlake subdivision, which is zoned RL (Low Density Residential), consists of 272 duplex structures and 23 single family homes. Members of the association have asked for a reduction in the setback requirement for duplexes from 25' to 15' , to allow residents to add screen porch enclosures to the rear of their homes. RM and RL districts currently require a 25 foot rear setback for multi-family structures and duplexes, but allow a 10' rear setback for single family homes. A duplex is similar in intensity to a single family home. It is reasonable to allow less of a rear setback for a duplex than that which is required for a multi-family development. Reducing the rear setback to IS' would maintain adequate open space between buildings. The Planning and Zoning Board Staff Report provides additional information regarding the setback reduction. ., , City Commission Documentation First Reading, Ordinance Amending LDRs 4.3.4(K) Reducing Rear Setback Requirements for Duplexes Page 2 The proposed revision affects the Development Standards Matrix, which provides a summary of development standards for all zoning districts. Concurrent with this revision will be the addition of a note which states that single family homes in the RL and RM districts are to be built in accordance with the standards of the R-1-A district. That information is currently provided separately in the regulations for those two districts, however, it would be helpful to reference the information on the matrix as well. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a Special Meeting held on January 11, 1993. Ted Charney of the Woodlake Homeowners Association addressed the item and supported the proposed text. The Board then forwarded the item with a recommendation of approval on a 5-0 vote (Currie and FeIner absent) . RECOMMENDED ACTION: By motion, approval on first reading of the following revisions and additions to Section 4.3.4(K), Development Standards Matrix: SETBACKS FRONT SIDE STREET SIDE INTERIOR REAR Low-Medium Density RL -Lll (t tS ri ie ri t.t tS ,hU Multi-family 25 25 15 25 Duplex 25 25 15 15 Medium/Medium-high Density RM -Lll (ttSriieritttSrial Multi-family 25 25 15 25 Duplex 25 25 15 15 (5) The provisions for the R-I-A District shall apply for sinqle family dwellinqs. Attachments: * Ordinance by others * P&Z Staff Report & Documentation of January 11, 1993 DD\CCRLRM.DOC . PLANNING AND ZONING BOARD MEMORANDUM STAFr REPORT MEETING OF: January 11, 1993 AGENDA ITEM: LDR TEXT AMENDMENT RE: REDUCTION or REAR SETBACK REQUIREMENTS FOR DUPLEX STRUCTURES IN THE RL AND RM ZONING DISTRICTS ITEM BEFORE THE BOARD: The action requested of the Board is making a recommendation to the city Commission regarding a proposed text amendment to the LDRs. The amendment would reduce the minimum rear setback requirement for duplex structures from 25 feet to 15 feet. BACKGROUND: On September 16, 1992 the Planning and Zoning Department received a request from the Woodlake (formerly called Homewood Lakes) Homeowners Association to amend Section 4.3.4(K) of the LDRs to reduce the required rear setback for duplexes in the RL district from 25 feet to 15 feet, in order to allow for the addition of screen enclosures. The subdivision consists of 272 duplex residential units and 23 conventionally sited single family residences. The existing setbacks for the RL district require 25 foot rear setback for all structures, with two exceptions, which permit a 10' rear setback: ~ ':'- * single family detached-structures; and * screen enclosures in rear yards which directly abut a minimum of 50 feet of dedicated open space. Of the 272 duplex units in Woodlake, 169 have at least 50 feet of open space directly abutting their rear property line. A number of those properties have screened enclosures. Of the remaining 103 units, 44 have existing screen enclosures. Fifty-nine duplex structures have no screen enclosures and do not meet the 50 foot open space exception. Under the current setback requirements, these units cannot add onto the rear of their structures. tLC. t.{ .. . P&Z Memorandum Staff Report LDR Text Amendment RE: Rear Setback Requirements For Duplexes in the RL and RM Zoning Districts Page 2 In reviewing the portion of the Development Standards Matrix referring to the RL district, it is noted that setbacks are not specifically identified for duplex structures. The RL zoning regulations, however, specify that the same standards which apply to mUlti-family structures shall apply to duplexes. The rear setback requirement for multi-family structures is currently 25 feet, while the setback for single family structures is as established in the R-lA district (10 feet) . These requirem~nts are the same for duplexes in the RM zoning district, and are consistent with the standards which existed before the approval of the LDRs in October 1990. TEXT CHANGES: The proposed text amendment is to add setback requirements to the Development Standards Matrix in LOR Section 4.3.4(K) for duplex structures in both the RL and RM zoning districts. The revised requirements would be as follows: SETBACKS FRONT SIDE STREET SIDE INTERIOR REAR Low-'Medium Density RL ~tSrii.h{t.ltSri.l Multi-family 25 -. - - - .25 15 - ;. - ': - ';: : ' "- -25- .:. -l Duplex 25 -- - - - 25 15. -- -""IS- -'0'.. " " - - - - Medium- Medium-High Density RM ~tSriierit.ltSri.1 Multi-family 25 25 15 25 Duplex 25 25 15 15 · Underline indicates additions; strike-out(//I) indicates deletions All other development standards which currently apply to duplexes (i.e. minimum lot dimensions, maximum height, etc.) would remain the same. P&Z Memorandum Staff Report- LOR Text Amendment RE: Rear Setback Requirements For Duplexes in the RL and RM Zoning Districts Page 3 The proposed changes would allow for a reduction in rear setback requirements for duplex structures, without reducing those for mul tiple family structures. The changes would have a secondary effect of simplifying references to setback requirements. By adding duplex requirements directly to the matrix in Section 4.3.4(K), the need to cross-reference between the matrix and individual district regulations for duplex structures is eliminated. ANALYSIS OF AMENDMENT I S POTENTIAL IMPACTS: The potential impacts of the proposed amendment will depend on the type and intensity of the development of individual RL or RM zoned areas. This section of the report describes the RL and RM areas in the city and the development on those parcels. There are four basic types of RL/RM parcels: 1. Vacant parcels; 2. Duplex developments; and 3. Built-out areas with multi-family (3 or more units) structures only; 4. Areas with a mix of multi-family, single family, duplex development and vacant lots. 1. Vacant land with RL or RM zoningl There are several areas in the City with vacant land which is zoned either RL or RM, and could potentially be developed with duplex structures. I f the setbacks are- amended, _ new structures. _ could-: j)e buil t wi thin a 15' setback of the - rear property line. This 'setback reduction would allow duplex structures to be somewhat closer together than under current requirements, however a minimum of 30' would still be provided between rear walls of the structures. Overall density of any development would be limited by the current lot size and density requirements. A brief description of vacant RL and RM areas in the City follows: Groves of Delray (RM) The Groves is a 12 acre parcel, east of Wallace Dr., between Linton Boulevard and SW 10th St. The parcel is approved for 152 multi-family units. No duplexes are included in the current proposal. Ridgemont Heights (RM) This is a 5 acre parcel, located at the southwest corner of SW 10th St. and SW 6th Ave. There is no current approved plan for the site. Approximately 30 duplexes (60 units) could be buil~ on this parcel. C . , ' P&Z Memorandum Staff Report LDR Text Amendment RE: Rear Setback Requirements For Duplexes in the RL and RM Zoning Districts Page 4 The Anchorage (RL) This parcel consists of approximately 17.6 Acres. There is currently no approval for the site. However, the site was recently proposed for development as a single-family community. The maximum density allowed under the zoning designation is 105 units. Royal Palm Blvd. (RM) This site contains approximately 12 acres. There are no current approved plans for the site. One single family residence and a landscape nursery exist in the area. Approximately 5 acres were included as part of the Anchorage proposal. Approximately 140 units is the maximum development potential. Silver Terrace (RM) Approximately 20 acres of the Silver Terrace Redevelopment Area and adjacent properties are zoned RM . Five acres of the area are approved for the construction of 60 mUlti-family units, of which 42 are completed. No approved site plans are in effect for the remaining 15 acres at this time. This area has a large number of undeveloped lots and several vacant structures. A redevelopment plan for the area is currently being developed by the Planning Department, in conjunction with community groups. Rubin Property (RL) This is a parcel approximately 1 Acre cin size with an abandoned single family residence on the site. A total of 5 units could be built on the site. Duplex Developments: These are developments which are currently at or near build-out which predominantly consist of duplexes. The reduction in rear setbacks would allow for some intensification of the sites without increasing the density, and could decrease the open space provided in these built-out areas. However, many of these areas already have non-conforming structures with setbacks equal to or less than the 15' proposed. A list of duplex developments in the City follows: Woodlake (Homewood Lakes) Rainberry Woods (Pine Trail) Rainberry Woods South (Pine Trail South) Imperial Villas Country Manor Shadywoods P&Z Memorandum Staff Report LOR Text Amendment RE: Rear Setback Requirements For Duplexes in the RL and RM Zoning Districts Page 5 Built-out RL or RM areas with multi-family structures only: These areas would not be affected by the proposal due to the fact that they are at build out according to an approved site plan, and have no duplexes. A complete list of these developments and areas is included as Exhibit "A." RL and RM zoned areas with mixes of housing types These areas are approaching build-out with a mix of uses, including a combination of single family, multi-family, duplex units, vacant lots and some non-conforming commercial uses. Lot sizes in these areas are generally below the minimum for RL or RM zoning (typically 50' X 135' or 6750 square feet) , limiting the potential for new duplex development. Lot depths are generally 100' to 135'. The following areas have this type of development: North of George Bush Blvd. between Federal Hwy. and ICWW (RM): Marina District (RM) Del-Ida Park (RL) Dell Park (RL) Venetian Dr. Area (RM) La Hacienda (RL) Kenmont (RL) NE 7th Ave. (RM) Gulfstream Blvd. area (RM) Florida Blvd. area (RM) A-l-A and Brooks Lane (RM) - The following areas are similar to the above in lot size and mix of housing types. However, special circumstances exist in these areas, which are described below. SW 1st St. area (RM): This area has a .large number of vacant lots. Portions of this area are contained in Redevelopment Area t1. The possibility exists for the consolidation of lots into larger parcels for unified development. Pineridge Rd. (RL) : This is a small (less than 1 acre) area with a mixture of neighborhood commercial uses and a single family residence. SE 4th Ave. and SE 2nd St. (RM) : Many vacant lots are available here. This area is within the boundaries of Redevelopment Area 15. The possibility exists for the consolidation of lots into larger parcels for unified development. , ' P&Z Memorandum Staff Report LOR Text Amendment RE: Rear Setback Requirements For Duplexes in the RL and RM Zoning Districts Page 6 Albatross Dr. (aM); NE 3rd Ave., north of 14th St. (RN); SW 20th Ct. (RM); Del Harbor (RL); S. Swinton Ave. (aM) Development in these areas is a mix of multi-family and duplex units. Most of the rear setbacks here are adjacent to "open space," as defined in LOR Section 4.3.4(H) (5) (c). These duplexes would be allowed screen enclosures to within 10' of property lines under current rear setback requirements. ASSESSMENT AND CONCLUSIONS: RM and RL zoning districts currently require a 25 foot rear setback for multi-family structures and duplexes, but allow a 10 foot rear setback for single family structures. While a duplex is somewhat more intense than a single family home, it is considerably less intense than multi-family development. It is reasonable to allow less of a rear setback than would be required for a multi-family structure. The reduced rear setback requirement would allow for greater flexibility in the design of a duplex structure, and would provide the opportunity for owners of existing duplexes to increase their living area. The greatest impact of this change would be to areas which are primarily developed with duplexes, as they would have the most potential for intensification with the reduced setbacks. However, as indicated in this analysis, many of those areas already have structures with non-conforming reduced setbacks. Additionally, since a minimum of 30' would remain between buildings, adequate open space would be maintained. ALTERNATIVE ACTIONS: ~ ~ - - -- . -. -. - - - -- . u. _ _ -. ... "7' - - -: -. -. . _ _ J ,- _ . . ___ _ __ I. Continue with direction. 2. Recommend a text amendment to LOR Section 4.3.4(K), Development Standards Matrix, adding a specific setback requirement for duplexes in the RL and RM districts, and reducing the required rear setbacks for same from 25' to 15' . 3. Recommend denial of a text amendment. RECOMMENDED ACTION: Recommend a text amendment to LOR Section 4.3.4(K), Development Standards Matrix, adding a specific setback requirement for duplexes in the RL and RM districts, and reducing the required rear setbacks for same from 25' to 15'. Attachments: * Letter of request Woodlake Homeowners Association Prepared by: Technician I Reviewed by DJK on: . Exhibit "A" MUlti-Family developments and RM zoned areas at or near build-out which have only Multi-family units: Spanish Wells Lakeside Pines of Delray Pines of Delray West Pines of Delray North Delray Estates Delray Oaks Delray Oaks West Sabal Pines Sabal Pines East Sabal Pines South Environment Spring Lake Palm Villas Fairways on the Green Golfview Abbey Delray Lake Ray Laver's Delray Racquet Club Wenton Village Palms of Delray Lake Delray The Pointe Harbor's Edge Domaine Delray Linton Woods Banyan Tree village Delray Harbor Club Park Place Harbors ide Churchill Barton Fall Ridge Linton Ridge Southridge Condos Linton Gardens La Monica Auburn Trace Carver Estates Lago Delray Lago Delray North High Point Chateau Wood Greensward Village (Hamlet) The Landings Inlet Cove 700 Block of NE 1st St. Lake Ida Rd. and Davis Rd. Lowry St. and Andrews Ave. Area Tropic Bay A-1-A South of Atlantic Dunes Park Pelican Harbor -- - - ......., - - - --- - . ~ - . . - . . , - RM or RL zoned Parcels with single Famiiy Develo~ment~only: - ; Crosswinds (RL) , ' /' ~~, i . 0 ~~" HOMEOWNERS ASSOCIATION, INC. 385 S.W. 27TH TERRACE DELRAY BEACH. FLORIDA 33~45 . August 31, 199~ r~.i~I'CJR~~.?Ti":'@ : ~l',l--.' .--0.& ~ Jf'~'J' '. . Mr. David Kovacs, Director SEP 16 1992 Department of Planning and Zoning 100 N.W. 1st Avenu~ PL\UNING ". ZONING Delray Beach, Flor1da 33444 c~ Re: Letter from Jeffrey Costello (May 14, 1992) Dear Mr. Kovacs: Further to the above referenced letter to Mr. Ted Charney as well as my follow up letter to you of June 12, 1992, I had the pleasure of meeting with Richard Hasko and Diane Dominguez on August 21, 1992 to discuss the issue of rear building setback requirements of Code section 4.3.4 (K) and procedures for requesting that the code be amended. It was further clarified to me in our meeting that the Homewood Lakes Subdivision (Woodlake) is within a RL Zoning district which requires a 25' rear building setback for screened porches attached to duplex dwellings (Code Section 4.3.4 (K)) while only a 10' setback requirement is required for screenea porches attached to single family dwellings (Code 4.4..5-. (F),(~)Ju-provisions of-the,R-l-A district)., The Homewood Lakes subdivision has both duplex and single family dwellings. It is our contention that duplex developments are not ,that intense especially in Homewood Lakes. We therefore are hereby requesting a text amendment of Code Section 4.3.4 (K) reducing the r~4~ buil~ln9 setback for screened porches from 25'to 15', or to the 10' setback requirements currently imposed upon the single family dwellings within the same development. The majority of the duplexes within the Homewood Lakes subdivision currently have screened porches, many of which were part of original home construction. Other Homeowners have attempted to make such additions, however, disappointingly became aware of the building setback requirements of Code Section 4.3.4 (K) whiCh now prevents them from doing so. These screened porches are aesthetically pleasing and blend nicely with the structures of all the duplex dwellings within the Woodlake Community. Needless to say they enhance the value of the home. Some owners and local Realtors have lost a sale when potential buyers learn that screened porches cannot be added. >/ 0 0 I lliJ" " .t ' ~.. ~. HOMEOWNERS ASSOCIATION, INC. 385' s.w. 2nH TERRACE DELRA Y BEACH, FLORIDA 33<<5 Per the procedures outlined in your letter, in addition to this formal request for an amendment, I am also enclosing a mailing list of all the property owners within the Homewood Lakes subdivision as wel~ as mailing labels. A .Palm Beach County property appraiser's radius map will be provided under separate cover. On behalf of the Woodlake Homeowners Association (Homewood Lakes subdivision) I .trust that you will channel this request through the appropriate Planning Qnd Zoning BCdcds as ~ell as city Comn.ission levels. Should there be any additional information needed please contact me as soon as possible. Written communication should be directed to the office of the Woodlake Homeowners Association. My phone number is: 1-800-327-0400 ext. 4712, or 305-527-4712 In conclusion, I thank you in advance for your cooperation and look forward to hearing from you in the near future. Sincerely, william H. Decker Woodlake Homeowners Association cc: All Woodlake Board of Directors Ted Charney - Chairman, Woodlake City Liaison Committee Richard Hasko, P.E. Assistant City Engineer Jeffrey A. Costello - Planning Technician II '. ' I . . . . PUBLIC AND CITY COMMISSION COMMENTS FROM FEBRUARY 9, 1993: Public Comments: (1) Ms. Lillian Feldman, who asked the City Manager to seriously rl consider the memorandum by Nancy Davila as of January 13th.~~ She hoped these items would be taken care of as soon as possible, and further stated that she had letters going back to August of last year to Joe Weldon and a letter dated October 1, 1992, to the City Manager, and was still waiting for something to be done. (2) Ms. Alice Finst, 707 Place Tavant, who spoke in response to the City Manager's comments regarding the three homes in the Chatelaine subdivision and the associated code enforcement problems. She expressed the opinion that even though fines may be in place, they will simply continue to accrue; nothing seems to be done after the fines get into place. This has left the neighborhood in a state of frustration since if these properties continue to go unaddressed, they blight the neighborhood and lower property values. She stated that something needs to be done to look at the code enforcement process to protect those people who live in neighborhoods where these conditions exist. Mayor Lynch suggested that Ms. Finst bring this issue to the attention of the Neighborhood Task Team for input and consideration. (3 ) Mr. Daniel Wright, resident and property owner in Delray Beach, who stated that he has received certified letters from the Delray Beach Police Department about drug problems going on at property which he own s . He stated that he has tried to meet on several occasions with the officers who have sent the letters; he has met with Major Lincoln who has been very cooperative, but the officers on the Narcotics Task Force refuse to meet with him and have broken appointments. He feels he has tried to cooperate with them, but has failed to get cooperation back. He feels the problem is not just with his property, but with the surrounding area as well. Upon request from the Mayor, Mr. Wright gave his phone number as 272-1435, address 106 N.W. 12th Avenue, Delray Beach. He further stated that he had met with Mr. Hightower, Police Legal Advisor, last month and was told that he couldn't do anything more than the Police Department, meaning the only thing he could do is evict the tenants and push the problem somewhere else, and hope nobody says anything when it pops up somewhere else. (4 ) Ms. Virginia Snyder, who presented two items: ( a) Asked if anything was planned in terms of the proposal for a "Super Block" which came up two or three years ago as a means to demonstrate how a street could be fixed up. She hoped that this concept could be revived because she felt a "Super Block" would act as a catalyst in the area, particularly South Swinton. I' ~ . . I - , , Public/Commission Comments Regular Meeting of February 9, 1993 Page Two (b) Requested that the City Manager look into a series of anonymous letters (beginning last July 31st and the last one in December of 1992) which she had received copies of. She stated that she believed they had been addressed to the Commission, the Police Chief and others, and contained a number of serious allegations about the Delray Beach Police Department. She has not heard of any action being taken on any of the allegations in the letters, and she has also heard (acknowledged as rumor from inside the department) that the Police Chief has said that he refuses to believe that these things are taking place within the department. Ms. Snyder stated that they are taking place, and it was her understanding that he or someone had investigated the typewriter balls on the various typewriters in the Police Department to try to find out which typewriter might have written the letters. She also understands that the ball was taken out of one typewriter and the user now has to ask their supervisor or Captain Schroeder for the typewriter ball if they want to write a letter. Ms. Snyder stated that some of the allegations were very serious; they named names and named witnesses and where and when the things took place. She felt that they should be checked out and asked for the City Manager to ask for an explanation. (5) Mr. Chris Bean, who stated that he was present to express his feelings about the Officer Cook case. He feels the charges which have been brought against him are very petty and minor. Officer Cook is a good man, a good husband and a good father, and a good officer who works hard to do his job. Mr. Bean stated that the unfair treatment of Officer Cook and his wife shows that there is a personal vendetta ongoing against them within the inner structure of the Delray Beach Police Department. Further, the charges and the past personal history of Officer Cook which were stated in the paper were unfair and insensitive. Mr. Bean felt that the statements did not reflect upon the character of Officer Cook, but rather reflects upon the character of the officers in command and the City of Delray Beach. Commission Comments: (1) Mr. Mouw: No comments. (2) Mr. Randolph: Asked that consideration be given to resurfacing the tennis courts at Pompey Park as they are in very bad shape. . ' , - . . Public/Commission Comments Regular Meeting of February 9, 1993 Page Three The City Manager advised that there is money appropriated for this purpose; we have gotten a cost estimate and are now in the process of soliciting bids. The courts should be resurfaced probably within 90 to 120 days. This would include resurfacing and lining of both the tennis courts and the basketball courts. We are also investigating the possibility of lighting the basketball courts because they do get so much use. Dr. Alperin also advised that he and Commissioner Ellingsworth had attended the Planning and Zoning Board work session last night and the pool for Pompey Park is being put into the plan, finally. (3 ) Mr. Ellingsworth: No comments. (4) Dr. Alperin: On the possibility of getting an exemption from the Sunshine Law for litigation discussions with the Commission (so that the Commission could meet as a body in private with the City Attorney to discuss litigation matters), Dr. Alperin asked if there is a way to get a referendum for the amendment of the law? The City Attorney advised that it would require obtaining 273,000 (or something along that line) signatures in order to get a petition on the State ballot as a Constitutional amendment. Dr. Alperin asked if this had been considered by the Municipal League and suggested that a recommendation be made to the League to pursue this item. Mayor Lynch stated that he would bring the matter up to the League at the next Board meeting. (5) Mayor Lynch: (a) Advised that the Municipal League and the County got together and came up with an agreement which basically says that if the County passes an ordinance, the City doesn't have to go and pass an ordinance that is better or stronger than theirs; they will accept ours as long as it does the intent of the ordinance. It doesn't have to equal theirs or be approved by the County. It is encouraging to the Mayor that it looks like the County is doing what they said with respect to working with the cities. . , . . , Public/Commission Comments Regular Meeting of February 9, 1993 Page Four (b) Advised that he had received another letter from the County today which says that the traffic study has been completed for Linton Boulevard and Old Germantown Road, and the study finds that a fully operational traffic signal is warranted. The Traffic Division has begun the design work associated with the new signal installation and installation is expected to be completed and operating by July 1, 1993. (c) Received a letter from Virginia Slims (Mr. Liddy) which advises that they have now signed an agreement to use Sports Channel television to broadcast the tournament; Liddun asked for a GO-second commercial for Delray in accordance with his part of the agreement and has made that commitment; now it is up to us to work something out with Sports Channel. The City Attorney advised that the agreement with Liddun essentially says that the City has to put together the commercial for them. Liddun would try to get us the space, but we would have to do the commercial. (d) Referred to a letter which had been sent to the Commission by Mr. Ridley (MAD DADS) and asked Dr. Alperin if he and the Drug Task Force intended to take Mr. Ridley's recommendations into account when developing the formal recommendations for the Drug Task Force. Dr. Alperin stated that Mr. Ridley is involved in the process. (e) Expressed his concern about recent staff presentations and the information which has been provided by staff with respect to certain agenda items in the last few meetings. The recent Neighborhood Task Team issues and the way that was handled generated some animosity toward the Commission that they didn't do a good job, and the Mayor felt that things were not presented as well as they should have been. Also, the matter of the numbers on the golf course; if one extreme was given, others should have been, too. Mayor Lynch stated that he expects staff to give straight, honest opinions on matters since they are the ones with the expertise. This has not been a problem in the past, only the past few weeks, but it is disappointing to him. AMH 2/10/93 . , . . , . -< MEMORANDUM To: Joe Weldon, Parks & Recreation Director From: Nancy Davila, Horticulturist/Special Projects Coordinator Re: HOMEWOOD BOULEVARD LANDSCAPING WEST LINTON BOULEVARD LANDSCAPING Date: January 13, 1993 Lilian Feldman asked me to meet with her to inspect the landscaping on Homewood Boulevard and Linton Boulevard. She said that she had talked to both you and Ray Eubank and even written the City Manager, but had gotten very little response. I told her that all I could do was to pass on her comments to you. While Ms. Feldman does have some pretty high expectations of the level of service for the maintenance, if we still have this area contracted out for maintenance, this level of maintenance is specified in the contract. We started our inspection at the north end by Lowson. Ms. Feldman had the following comments: 1. A Mahogany Tree that was removed in the median north of Lowson after the hurricane and has not been replaced. 2. There are a few planting beds where Celebration Acres planted 'Dwarf' Bougainvillea. As they have grown it is obvious that they are not dwarf. I have contacted Celebration Acres and have directed them to replace them at no cost to the City. 3. Lightly trim heather to uniform height. 4. In the Spring (March) thin out the canopies of the Black Olive Trees. This would be our crew as the maintenance contract only provides for removal of sucker growth. 5. There are three Sweet Acacias that need to be replaced. 6. Trim the Indian Hawthorn to a uniform height. 7. Also in Spring. remove the deadwood from the royal Poinciana Trees. 8. Although Ms. Feldman said that she had gotten something in writing that the Bougainvillea had been fertilized. It is obvious from the color of the leaves that sufficient fertilizer was not applied. 9. Dwarf Hawthorn needs to be installed in the median south of S.W. 13th Street to enable it to create a mass effect. 1 '. ' , .-- ~ . 10. The height of the Philodendron needs to be lowered. This is one of Mr. Kettlehut's legacies to the City (the Consultant we hired to do the roadway designs). This is something that should ultimately be removed and replaced with a lower plant material. In this instance it is not a sight distance problem, but it is a matter of the Philodendron being out of scale as an understory planting with the small Sweet Acacias. 11. Ms. Feldman has also requested that the mulch and dirt that is left after maintenance be cleaned up. Perhaps you could arrange to have the City's street sweeper make a pass through there every once in a while. 12. With respect to Linton Boulevard, Ms. Feldman feels that the Yucca by the guardrails is overpowering and should be replaced with another plant material. (Yet another Kettlehut legacy). We could probably do something similar to what was done with the oleander by the canal on Congress. This would be a springtime project. In the meantime, trim the Yucca back from the roadway. 13. On Linton, all the Fax Grass should be trimmed back from the roadway. 14. Along the north side of Linton, the areas around the trees need to be weeded. 15. On Linton, the Cocoplum that our crew planted needs mulching, and there are still areas where plant. materials need to be installed. We don't want toinstall all Cocoplum, some diversity would be nice. Installstion of'~ grown Boston Fern would stay in line with the original design. 1 don't know why the Contractor trimmed the fern so low that it eventually died. I would' appreciate a response from you so I can get in touch with Ms. Feldman and let her know what will be done and when the work will be scheduled. cc: Lula Butler 2 " ' . , , . . ~ tIE ;~ .- "" .,,-f) 1/'7 '1,'14 ~14"e.", /5t14d<K:utff /~ ~o~ J . . . ~r~~~ ~ ~ b{J./~~;!tLUf 1 /) . } -0<1 ~~ ~~ L~- OLJt~ v~4U n . . . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t iL I SUBJECT: AGENDA ITEM ~ /~ A - MEETING OF FEBRUARY 9. 1993 ORDINANCE NO. 9-93 DATE: February 5, 1993 This is first reading of an ordinance amending the Land Development Regulations to provide design standards for single family residential and duplex required parking. This ordinance was recommended by the Neighborhood Task Team in order to remove the blighting effect of vehicles inappropriately parked on private property and to abate the destructive impact which such vehicles have upon the physical condition of yards. Significant aspects of the proposed ordinance includes prohibiting parking on unimproved surfaces within a front yard or side yard setback; and, provides the mechanism to request waiver of the requirements. The Planning and Zoning Board at their January 11th meeting recommended approval of the proposed ordinance. However, an item which the Board did not address was that of having the regulation apply "retroactively". Staff feels that it is nearly impossible to enforce the proposed regulation unless it is applied to all single family and duplex properties without grandfathering. Additionally, staff feels it may be appropriate to further workshop this item in order to address the impacts associated with the adoption of this ordinance. Recommend consideration of Ordinance 9-93 on first reading. 6+ to ..3/cJ3/93 ~ u~t>fJ tV/ ,071 on <3/e#/93 5- 0 ucTE.- JJoiS e!J~S 7D CJ~. SJ7}TFL} ,8lf (]m - , ' . . rK ~, {"r-! C I T Y COM MIS S ION DOC U MEN TAT ION #,--- - TO: / DAVID T. HARDEN, CITY MANAGER I \ \ .., ~k \. ' "-. \ I '--'.....-.-'uj./~ UO~ FROM: DAVID J. OVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF FEBRUARY 9, 1993 FIRST READING, ORDINANCE AMENDING LDRs 4.6.9(C)&(D) REQUIRING RESIDENTIAL PARKING ON IMPROVED SURFACES NOTE: THIS DOCUMENTATION HAS BEEN REVISED AND UP-DATED SINCE ITS ORIGINAL DRAFTING OF JANUARY 26, 1993 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading, of an ordinance modifying the City's Land Development Regulations (LDRs). The affected Sections are: * 4.6.9(C)(2)(a)&(b): Requirements for Residential Use * 4.6.9(0)(10)&(11): Design of Parking Spaces BACKGROUND: This requested change had come about from The Neighborhood Task Team (NTT) . The reasoning behind the regulation is that of removing the blighting effect of vehicles inappropriately parked on private property and the destructive impact which such vehicles have upon the physical condition of yards. An initial draft of the proposed regulations was discussed in a worksession among the NTT and the Planning and Zoning Board. Revisions were made based upon direction from that worksession. Please refer to the Planning and Zoning Board Staff Report for more detail. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a Special Meeting held on January 11, 1993. David Henninger of the NTT addressed the item and supported the revised text. There was no public testimony to the contrary. The Board then forwarded the item on a 5-0 vote (FeIner and Currie absent). , City Commission Documentation First Reading, Ordinance Amending LDRs 4.6.9(C)&(D) Requiring Residential Parking on Improved Surfaces Page 2 ADDITIONAL CONSIDERATIONS: An item which was not addressed in the text viewed by the Board was that of having the regulation "retro-active". It is nearly impossible to enforce the proposed regulation unless it is applied to all single family and duplex properties (i.e. no grandfathering). Normally, an LOR applies from the date of its adoption. Thus, either additional wording (for effect on all properties) or application through "nuisance" portions of the Ci ty Code as opposed to the LDRs may be necessary. This item has been referred to the City Attorney for advice and direction. Also, subsequent to the Board's review, a suggestion has been made that instead of using the process of applying to the City Engineer for approval of a surface, other than concrete or asphalt, and then having that surface standardized through the waiver process; that this Ordinance also contain the specifications for the range of acceptable surfaces or improved I conditions. For example, it has been suggested that a gravel or I"w.l L -{ - aiR surface bordered on three sides by plantings would be acceptable. I would suggest that the above idea not be included in the ordinance, but if desired, that the NTT work with SPRAB and HPB to create specifications for "acceptable" spaces and then have them approved by the City Engineer. The Administration could then accept such "improved" spaces as meeting the requirements of the Ordinance. Another input pertain$' to the fact that Subsections (c) only apply to "yards" which have the definition of extending only to the required depth per the Zone District Regulations i.e. a front yard is only 25' deep in R-l-A zoning. If a house is 40' back, then parking on an unimproved surface can occur within the 15' in front of the house. It has been suggested that the restriction apply to any ground area between a street and structures, excluding rear yards. A final inquiry has been made as to whether or not the concept of applying parking space improvement retroactively is also to apply to other than single family and duplex properties i.e. multiple family, commercial, and industrial. As written, the ordinance does not. RECOMMENDED ACTION: Given the additional considerations, the Commission may wish to provide further direction for a redrafting of the ordinance, referral with direction, or schedule for a worksession review. Attachments: * Ordinance by others * P&Z Staff Report & Documentation of January 11, 1993 ORDINANCE NO. 9-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, :1 FLORIDA, TO PROVIDE FOR RULES AND REGULATIONS REGARDING VEHICLE PARKING IN FRONT YARDS OF RESIDENTIALLY ZONED PROPERTY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, is desirous of provi.ding safe traffic areas for pedestrians, bicyclists, and motor vehicles; and, WHEREAS, the City Commission of the City of Delray Beach wishes to improve the aesthetics of front yards within residentially zoned areas; and, I WHEREAS, the City Commission of the City of Delray Beach believes that improving the aesthetics of Delray Beach's residential neighborhoods will improve the quality of life for the citizens of Delray Beach; and, WHEREAS, the City Commission finds that damaged front yards negatively affect the property values of property adjacent to such front yard areas; and, WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of January 11, 1993, and has forwarded the change with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEL RAY BEACH. FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(C), "Number of Parking Spaces Required", Sub-subsection 4.6.9(C) (2), "Requirements for Residential Uses", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (2) Requirements for Residential Uses: (a) Single Family Detached Residences -- two parking s~aces per dwelling unit. taite~ pat~in~/~ l//~e/~sed//pt~iided/tKat//in//t~e gin~Ie/ta~ill/A~fI/0LsttLttl/0t/~/0Lsttitt' n0/te~~Lted/p.t~Ln,/spate/~.t/~e/I~tatedlltn i/te~~ttet//ft~fttl/~t/stteetl/sLde//set~it~i See Section 4.6.9(D) (11) regarding location and desiqn criteria for such spaces. , tt - (b) Duplexes -- two parkin7 spaces per dwelling unit. ti~de~/pit~I~W/ ~at/~e/~;ed//pt~jlded t~at/;~t~//pat~l~w/d~e;//~~t/te.~lt//L~//t~e .pite/t~t//~~e//~~lt/L~pedL~w//atte;.//t~//a spite/ct/t*e/~t*et/~~Lt'//t~tt*etl/tnt~/tnt. ~t/dLtett/itte;;/tt~~//pat~L~w/atea./~~t~//a .tteet/.*all/~~t/etteed//2"/I~/~Ldt*' See Section 4. 6 . 9 (0 I (12) regarding location and design criteria for such spaces. (c) Multiple Family Structures: 1., efficiency dwelling unit -- 1.0 space/unit 2:, one bedroom dwelling unit - 1.5 spaces/unit 3:1 two or more bedroom d.u. - 2.0 spaces/unit 4.' guest parking @ .5 spaces per dwelling unit (dl Residential Uses in Commercial Buildings: When there is residential use in a building whose primary use is commercial (greater than 50% of floor area being commerciall , the following standards shall apply: 1., efficiency dwelling unit -- 1.0 space/unit 2:, one bedroom dwelling unit - 1.0 space/unit 3:1 two or more bedroom d.u. - 1.5 spaces/unit 4.' no guest parking is required (el Location of Guest Parking Spaces: Guest parking spaces may be centralized or located near recreational features within a development project. A . portion of guest parking spaces may be provided in stabilized sod pursuant to Section 4.6.9(01 (81. Section 2. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(01, "Design Standards", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (DI Design Standards: All parking spaces which are created in order to fulfill requirements of this Section (i.e. , required parking spaces) shall conform to the design standards of this subsection. Waivers to these Design Standards may be granted during the site plan review process. When the improvements are not associated with a site plan action, a waiver may be granted by the Site Plan Review Board or, when in a Historic District, by the Historic Preservation Board. Section 3. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(D), "Design Standards", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by the addition of new Sub-subsections 4.6.9(DI (111 and 4.6.9(DI (12), to read as follows: J.Ul. Design of Single Family Residential Parking Spaces: m Tandem parking may be used provided there is no violation of this subsection (111. - 2 - Ord. No. 9-93 ~~~ (b) In the Single Family (R-1 Districts) and RL Districts, no required parking space may be located in a required front or street side setback. U Wju01 ~'f-,vr~ ill No vehicles may be p rked an nimpr ed surface within the front yard setback or street side setback of any sinqle family residential property. (d) All parkinq areas shall be improved as required in Section 4.6.9(D)(8) of these regulations. J..!1l. Design of Duplex Residential Parking Spaces: ill Tandem parking may be used provided that such parking does not result in the space for one unit impeding access to a space of the other unit. ill Curb cuts or direct access from parkinq areas onto a street shall not exceed 24' in width. U<i:r7i1f:j tf) ~ ill No vehicles ma b A arked on an unim roved surface within the front yard setback or street side setback on any property developed with a duplex. (d) All parking areas shall be improved as required in Section 4.6.9(D) (8) of these requlations. Section 4. That should any section or provl.sl.on 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 S. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 6. 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 0 f , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 9-93 . , . . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: LOR TEXT AMENDMENT RE PARKING SPACE DESIGN Re: Improved Surfaces Required ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a proposed change to the LDRs . The changes contemplated in this proposed ordinance include: * No parking shall occur upon unimproved surfaces within the required front yard, or a required street side yard, of single family or duplex properties. * That all parking spaces, required or not, shall be on an. improved surface. * Addition of a waiver provision for parking space design standards. BACKGROUND: This item, along with others, has been brought before the Board by the Neighborhoods Task Team (NTT) . These changes were discussed in work session among members of the Board and the NTT on June 18, 1992. Changes to the proposed ordinance have been made in order to reflect discussion and direction at that work session. ANALYSIS: The initial proposal setforth by the NTT called for: * A prohibition of parking on an unimproved surface within a front yard setback area of a single family residence. * All areas used for parking must be upon an approved, improved surface. Previously (and still), the LDRs restricted "required" parking areas to be outside of required front and street side yards (i.e. outside of the setback areas). The revised ordinance provides for the above and the following: l. The structure of the proposed ordinance has been changed to better incorporate the changes to the existing code. ~.~.\.\-' Z Staff Report e . R Text Amendment Re Parking Space Design .e: Improved Surfaces Required Page 2 . provide for waivers these 2. A request to to more restrictive standarqs is accommodated. The waiver provision extends to all aspects of Section 4.6.9(0), Oesiqn Standards. 3. We note that any parking area may be on an improved surface, other than asphal t or concrete, pursuant to reference to Section 4.6.9(D)(8), which allows alternative surfaces which are acceptable to the City Engineer. 4. The proposal has been expanded to apply to required street side yards in addition to required front yards. 5. We note that there is a difference between a "required" front yard and the area between a house and its frontage street. A required parking space may be provided, on an improved surface, between a house and the frontage street, but not within the "required" front yard (1. e. front yard setback area). 6. We note that a parking space, other than a ," required" space, may be located in a front or street side yard; but only upon an approved, improved surface. 7. The proposed standard has been expanded to apply to duplexes as well as single family development. RECOMMENDED ACTION: Take testimony and proceed accordingly. Attachments: * Draft of proposed Ordinance Report prepared bY:~~~~~~ T:PZSWALE , ' . - , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER l L)' ( SUBJECT: AGENDA ITEM # J.:J... 5 - MEETING OF FEBRUARY 9. 1993 ORDINANCE NO. 18-93 DATE: February 5, 1993 This is the first reading of an ordinance amending the Land Development Regulations to provide for a waiver of the prohibition against parking boats in front yards. This amendment is the result of a request made by a resident at the November 24, 1992 regular Commission meeting. Currently boat parking is permitted in rear or side yards only, and must be screened from view by abutting properties. This proposed amendment would allow the City Commission to waive that restriction, on an individual basis, subject to any conditions which the Commission may deem appropriate. The Planning and Zoning Board at their January 11th meeting recommended denial by a 5-0 vote. A detailed staff report is .attached as backup material for this item. Recommend denial of Ordinance No. 18-93 on first reading. ilHlUJ an~~ - Lf Ie) I {Jnllt.fo~ IllSS&Jn/)9) . , . . " ORDINANCE NO. 18-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.6.13(B), "PERMISSIBLE ,I PARKING", OF THE LAND DEVELOPMENT REGULATIONS OF THE . CODE OF ORDINANCES OF THE CITY OF DEL RAY BEACH, FLORIDA, BY AMENDING SUB-SUBSECTION (8) TO PROVIDE FOR 'I A WAIVER OF THE PROHIBITION AGAINST PARKING BOATS IN 'I FRONT YARDS, PROVIDING A SAVING CLAUSE, A GENERAL ii REPEALER CLAUSE, AND AN EFFECTIVE DATE. d :1 WHEREAS, pursuant to LOR Section 1.1.6, the Planning and !i Zoning Board, sitting as the Local Planning Agency, reviewed the II subject matter at its meetings of January 11, 1993, and January 25, : 1993, and found it inconsistent with the goals, objectives and Ii policies of the Comprehensive Plan regarding the stabilization of ii neighborhoods, and, !I WHEREAS, the Planning and Zoning Board has forwarded the II change with a recommendation that it not be adopted, and, :! WHEREAS, the City Commission of the City of Delray Beach, 1: Florida, finds that the change is not inconsistent with the , Comprehensive Plan. :1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF ,I THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ! Section 1. That Chapter 4, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.13, "Parking and Storage of Commercial Vehicles, Boats, Trucks, and Similar Vehicles", Subsection (B), "Permissible Parking", Sub-subsection (8), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (8) No boat, boat trailer, or recreational vehicle shall be parked in the area between the street and the structure I unless a waiver is qranted by the City Commission. In considering such a waiver the Commission shall consider all other options which are i available to the boat owner and the quidance provided . by Subsections (B) (2) through (7). The Commission may affix any conditions which it deems appropriate in grantinq such a waiver. i Section 2. That should any section or provision of this 'I ordinance or any portion thereof, any paragraph, sentence or word be 'I declared by a court of competent jurisdiction to be invalid, such :,'1' 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 II Section 3. That all ordinances or parts of ordinances I which are in conflict herewith are hereby repealed. II Section 4. That this ordinance shall become effective ten I (10) days after its passage on second and final reading. 'I ': PASSED AND ADOPTED in regular session on second and final I reading on this the day of , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading , ' {/( , '-/ I .~ 1"- I . v , C I T Y COM MIS S ION DOC U MEN TAT ION TO: DAVID T. HARDEN, CITY MANAGER ~0~ ID KOVACS, D RECTOR DEPARTMENT OF PLANNING AND ZONING FROM: DIANE DOMINGUEZ, PLANNER II~J.l. ~~~ SUBJECT: MEETING OF FEBRUARY 9, 1993 FIRST READING, ORDINANCE AMENDING LDRs SECTION 4.6.13, PROVIDING FOR A WAIVER OF THE PROHIBITION AGAINST PARKING BOATS IN FRONT YARDS. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of denial on first reading, of an ordinance modifying the City's Land Development Regulations (LDRs). The affected Section is: * 4.6.13(B)(8) Parking and Storage of Commercial Vehicles, Boats, Trucks, and Similar Vehicles BACKGROUND: This amendment is the result of a request made by a resident at the City Commission meeting of November 24, 1992. Currently, parking of boats is permitted in rear or side yards only, when screened from view by abutting properties. Boats are restricted from being parked in those areas between the street and the structure. This amendment would provide for a waiver of that restriction, to be granted by the City Commission on an individual basis, and subject to any conditions which the Commission deems are appropriate. Please refer to the Planning and Zoning Board Staff Report for more detail. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board held its first formal review of this item at a Special Meeting held on January 11, 1993. Mr. Steve Thayer, who had requested the amendment, spoke in favor of . City Commission Documentation First Reading, Ordinance Amending LOR 4.6.13(B)(8) RE: Parking of Boats in Front Yards Page 2 the waiver provision. Mr. David Henninger of the Neighborhood Task Team stated that he felt that the amendment would be detrimental to the Task Team's efforts to beautify neighborhoods. The Board was divided on the issue, and as three of its members were absent from the meeting, a motion was made and passed to continue the item to the meeting of January 25th. On January 25, 1993, with little discussion, the Board voted to forward the item to the City Commission with a recommendation of denial on a 5-0 vote (Currie and Naron absent) . RECOMMENDED ACTION: By motion, deny the proposed amendment on first reading, in that it is inconsistent with goals, objectives, and policies of the Comprehensive Plan regarding the stabilization of neighborhoods, and based on the recommendation of the Planning and Zoning Board. Attachments: * Ordinance by others * P&Z Staff Report & Documentation of January 11, 1993 DD/cCBOAT.DOC . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: LOR TEXT AMENDMENT RE BOATS IN FRONT YARDS ITEM BEFORE THE BOARD: - -- - ~~- - - , - ......:---~ _. -.- The item before the ~ - - Board is that of making a recommendation to the city Commission regarding a proposed change to the LDRs. The contemplated change would allow boats to be placed in front yards under certain conditions. BACKGROUND: On November 24, 1992, a Mr. Steve Thayer of 261 N.E. 13th Street, approached the City Commission with a problem. His problem was that he was cited for having a boat in his front yard. Mr. Thayer reported that the nature of his neighborhood was that there was not access to the rear of the property and that the side yards were not wide enough to accommodate boat storage. He had been advised that his only relief would be for a change in the codes of the City; thus, he was before the Commission. The Mayor felt that the problem should be looked into and directed that the Planning and Zoning Board give it consideration. Since we are reviewing several' coac:t amendments at this time, this subject was included. - - - .... -- - .: :: ~ ~ -'...-. .- - -- - < ~ ~ ~ TEXT CHANGES: Section 4.6.13 regulates the parking and storage of boats along with other vehicles. The conditions under which such parking or storage is allowed are identified in Sub-section (B)(2) through (8) . The condition which affects Mr. Thayer is: (8) No boat, boat trailer, or recreational vehicle shall be parked in the area between the street and the structure. It appears that the most appropriate manner to handle a situation such as Mr. Thayer's is to accommodate a waiver provision within the code; thus, consideration on a case-by-case can be made. To do so the following change would be required: (8) No boat, boat trailer, or recreational vehicle shall be parked in the area between the street and the structureJ unless a waiver is granted by the City Commission. In conSidering such a waiver the Commission shall consider all other options which are available to the boat owner and the guidance provided by Subjections (B)(2) through ( 7) . The Commission may affix any conditions which it deems appropriate in granting such a waiver. 11 C .3 . P&Z Memorandum Staff Report LOR Text Amendment Re Boats in Front Yards Page 2 ANALYSIS: There is a great deal of emphasis upon neighborhood stabilization within the City. During recent consideration of changes to the "truck parking" regulations much debate ensued. While some consideration was made, it was based upon the tie between certain types of trucks to the livelihood of its owner and association with the conducting of a busi~ess (e.g. .4 landscaper) . ' , ~:": . j .: j r....,. In this situation, the keeping of a boat on residential property does not have the same nexus. While a hardship may be created for a person who does not have access to a rear yard or a sufficient side yard, it does not appear that the hardship is sufficient enough to warrant encroachments into front yards. Further, such an allowance would certainly weaken the strict basis upon which the restrictions on truck parking were made. RECOMMENDED ACTION: By motion, recommend to the City Commission that this proposed amendment to the LDRs not be approved in that it is inconsistent with goals, objectives, and policies of the Comprehensive Plan which call for efforts toward the stabilization of residential neighborhoods. Attachment: ... _'t~. = -.--'-0.-- .... - . .__~:"-_. ;-,-...4~.....J:.'..",._ .. - * LOR Pages 4649 through_ 465-1 i.nclusiv&; ~-:: ''=,-:--c-'::=: ~ -;--'-0-'-- - - - Report prepared ~~bu~ DJK/PZBOATS.DOC , Section 4.6.10 (D) , . (D) Dimensions and Location: ( 1) Dimensions: , For Single Units For Trailer Units * Width 12' 14' * Length 30' 60' * Vert. Clearance 12' IS' * Maneuvering ap~on 30' ~ 60' - , " ' . ~, - - ,~.. - -.- - ~ ~ - -- ~.-. ~:. '-<. (2) Locations: Where the entrance of a building is designed for loading and unloading operations, such entry shall provide, at least, one loading space. Otherwise loading areas shall not be located so as to create confusion or conflict with other use areas e.g. dumpster locations. Section 4.6.11 Outside Storage: Outside storage ot materials, supplies, products, vehicles, and the like shall only be as allowed for, within the requirements of each individual zoning district. Uses which are allowed out-ot-doors are further identified in Section 4.6.6. All items which are stored outside , , of structures shall be screened. Section 4.6.12 Industrial and Hazardous Waste Disposal: The operation of all uses allowed herein must also fully comply with the requirements and condit~o~s . ot_ ~he.City'. industrial and hazardous waste disposal' regulations as ~~$et '~tQrth'1n, Chap~er- ~ 53 of the City Code. -- ~;~ < . Section 4.6.13 Parking and Storage of Co_ercial Vehicles, Boats, Trucks, and Sillilar Vehicles: . -- - (A) Prohibitions and Restrictions in Residential Districts: (1) It shall be unlawful for any agent, operator, owner, or person in charge of any bus, pole trailer, semi-trailer, trailer, trailer coach, truck, truck trailer, or industrial equipment, to park, store, or keep such motor vehicle on any public street, avenue, alley, or other thoroughfare, or any right-of-way within any residential zoning district in the city, for a period exceeding one hour in any 24-hour period. Each such period shall commence at the time of first stopping or parking, unless a permit is first obtained from the Police Department. 4649 . . Section 4.6.13 (A) (2) Unless otherwise provided for, it shall be unlawful for the owner, agent, or operator of the motor vehicles and industrial equipment set forth herein, or the owner of property in any residential zoning district in the city, to park on, or cause to be parked on, or allow to be parked on any residential property in the city, or in the streets, alleys, or parkways abutting the property, any bus, pole trailer, semi-trailer, trailer, trailer coach, truck, truck trailer, or industrial equipment, for a period exceeding one hour in any 24-hour period. Each such period shall commence at the time of first stopping or parking, unless a permit is- first obtained from the police Department, or as""otherWise provided:: for-:in new references. ' ".-~'.-'~,-~ 2,; ~ " .-, .: ,_~.~,_:1.!.!"..': ~crJ:l '/.": __ (3) The restrictions of divisions (1) and (2) above shall not apply to the temporary parking of such vehicles on private property in residential zoning districts, whereon construction is underway. A current and valid building permit issued by the city must be properly displayed on the premises. (4) The restrictions of divisions (1) and (2) above of one hour in residential zoning districts shall not apply to routine deliveries by tradesmen, or the use of trucks in making service calls, providing such time in excess of one hour is actually in the course of business deliveries or servicing. (5) The restrictions of divisions (1) and (2) above ;' shall not apply to vehicles which become disabled, and as a result of such emergency are required to be parked within a residential zoning district longer than one hour. , Any disabled vehicle, however, shall be removed from the residential zoning district within 24 hours, by a wrecker i~ necessary, regardless of the nature of the emergency. .~ . ~ c '-' . ", - (B) Permissible Parking: (1) Trucks: Restrictions on truck parking shall be applicable in all residential zoning districts and shall permit only panel, pickup, van, and similar type trucks, not over 3/4 ton rated capacity. In all R-1A zoning districts, the restrictions shall apply to trucks of one and one-half (1-1/2) ton, or greater, capacity. In all residential zoning districts, no more than two (2) trucks may be parked on a lot improved with a residence. Such vehicle must be used by a resident of the premises. For purposes of this section, a lot includes the property on which the residence is located and any adjacent lot which is under the control of the owner or lessee of the residence. Parking on vacant lots is otherwise prohibited. (2) One boat, one boat trailer, and one recreational vehicle may be parked in a garage or carport which is effectively screened on three sides, provided no portion of the boat, boat trailer, or recreational vehicle extends beyond the roof line. Rev. 10/14/91 Arnd. Ord. 87-91 01/14/92 4650 f Section 4.6.13 (B) '_ , (3) One boat, one boat trailer, and one recreational vehicle may be parked in the side or rear yard provided the plot is occupied by a permitted structure. Such boat, boat trailer, or recreational vehicle shall be effectively screened against direct view from abutting properties in the following manner: by a masonry wall, ornamental fence, or dense hedge, six feet high or equal to the height of the vehicle if the vehicle is less than six feet high. If a hedge is used as the method of screening, the hedge should be three feet at the time of planting and should be of a variety which can reasonably be expected to reach the required height within two years. This regulation is not to be construed as requiring screening from direct view from the street in front of the plot. (4) Such boat, boat trailer, or recreational vehicle must be owned and used by a resident of the premises. (5) No boat or recreational vehicle which is parked in a residential district shall be occupied or used for living, sleeping, or housekeeping purposes, nor shall it be connected to any utility service. (6) A boat, boat trailer, or recreational vehicle may be parked only if it is currently registered as required by state or federal law, and if the transportation of the vehicle is in compliance with F.S. Chapter 317. (7) One boat, one boat trailer, or one recreational vehicle may be parked in the front driveway for a 24-hour period for the purpose of loading or unloading. (8) No boat, boat trailer, or recreational vehicle shall be parked in the area between the street and the structure. Section 4.6.14 Visibility at Intersections: (A) Generally: When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public rights-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between three (3) feet and six (6) feet, provided, however, trees or palms having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross visibility area shall be allowed, provided they are located so as not to create a traffic hazard. Trees shall not be located closer than six (6) feet from the edge of any accessway pavement. The triangular areas above referred to are: (1) The area on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way line with two (2) sides of each triangle being twenty (20) feet in length from the point of intersection and the third side being a line connecting the ends of the other two (2) sides. 4651 . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER /}. I SUBJECT: AGENDA ITEM # I~~ - MEETING OF FEBRUARY 9, 1993 ORDINANCE NO. 19-93 DATE: February 5, 1993 This is first reading of an ordinance amending the Land Development Regulations to provide that certain locational criteria for auto repair uses shall be applicable to full service automobile dealerships only. As currently written, the AC (Automoti ve Commercial) zoning regulations contain locational and use restrictions which prohibit certain auto related activities to be located within 100 feet of any residentially zoned property. Those activities include auto repair, accessory fuel pumps, car wash facilities, and loading facilities. The restrictions make it impossible for many stand-alone auto repair businesses, especially those along the Federal Highway pairs, to become conforming uses. This proposed ordinance would amend the Ac zoning district regulations so that those locational and use restrictions would apply only to full-service automobile dealerships, thus providing a mechanism for smaller operations to become conforming. The Planning and Zoning Board at their January 24th meeting failed to make a recommendation by a 3-3 vote (Beer, Kellerman and Krall in favor of denial - FeIner, Naro~ Kiselewski in favor of approval). Recommend consideration of Ordinance No. 19-93. mlLW on Plesr RE.Ii/J/~s.- 5-0 . , ,- . ORDINANCE NO. 19-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTIONS (G) (4) AND (G) (5) (d) TO PROVIDE THAT CERTAIN LOCATIONAL CRITERIA FOR AUTO REPAIR USES SHALL BE APPLICABLE TO FULL SERVICE AUTOMOBILE DEALERSHIPS ONLY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of January 25, 1993, and has forwarded the change with no recommendation due to a tie vote; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the change is not inconsistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.4, "Base zoning District", Section 4.4!10, "Automotive Commercial (AC) District", Subsection 4.4.10(G), "Supplemental District Regulations", Sub-subsection 4.4.l0(G) (4), "Locational Restrictions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (4) Locational Restrictions: (a) Repair facilities a~d ~ paint and body shops either of which are affiliated with Full Service Automotive Dealerships as defined in these Regulations shall be located at least 100 feet from any residentially-zoned lot. i ill For all repair uses, except (i) where existing or (ii) where it can be demonstrated to the Planning and Zoning Board that it is not reasonably feasible to comply, $~ervice bay doors shall not be oriented toward any adjacent residentially-zoned property, ~xtept///w~ete t~tt~~tlt/exittL~~' nor oriented toward any adjacent public street. ~rilett/Lt/tari/~e//d~~0ritttat~d/t0/t~~/'IaririL~~//trid Z0riiri~7a0~td/t~at/Lt/Lt/~0t/f~a8i~L~/t0/t0~pLtt ,I I (~c) Accessory fuel pump islands a~d or automated wash facilitIes for vehicles, either of which--are affiliated with Gasoline Stations as defined in these Regulations, shall not be located within 100 feet of any residentially-zoned property. (d) Wash facilities shall be located within a completely enclosed building allowing for two (2) service bay doors. Fuel pump islands shall be located within an enclosed area reasonably concealed from public view to/thtt t~~t/ate/~0t/YLtL~Le/0ff/pte~itet. , J> Ii ! Section 2. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.10, "Automotive Commercial (AC) District", Subsection 4.4.l0(G), "Supplemental District Regulations", Sub-subsection 4.4.l0(G) (5), "Use and Operating Restrictions", subparagraph (d), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (d) With respect to Full Service Automobile Dealerships, the following restrictions shall apply: (i) t~xcept for existing areas designated for off-loading, any areas designated for the off-loading of vehicles or for loading and deliveries shall be located to the rear of buildings and shall be located so as to contain noise on-site/; (ii) tthese areas shall not be located closer than 100 feet from any residentially-zoned lotJ; and (iii) shall be appropriately designated, marked, and signed.----- Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed, 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 , 1993. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 19-93 . ci( I~rv I ~, I C I T Y COM MIS S ION DOC U MEN TAT ION TO: VID T. HARDEN, CITY MANAGER . ~ uJ ' THRU: ID J. KOVACS, DIR TO DEPARTMENT OF PLANNING AND ZONING FROM: DIANE DOMINGUEZ, PLANNER I~~~~ SUBJECT: MEETING OF FEBRUARY 9, 1993 FIRST READING, ORDINANCE AMENDING LDRs SECTION 4.4.10(G)(4), LOCATIONAL CRITERIA FOR AUTO REPAIR USES IN THE A.C. ZONE DISTRICT ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of consideration on first reading, of an ordinance modifying the City's Land Development Regulations (LDRs). The affected Sections are: * 4.4.10(G)(4)(a)&(b): Locational Restrictions * 4.4.10(G)(5)(d): Use and Operating Restrictions BAC.KGROUND: This requested change was proposed by a private party (Michael Weiner letter of November 24, 1992). As currently written, the AC (Automotive Commercial) zoning regulations contain locational and use restrictions which prohibit certain auto related activities to be located within 100 feet of any residentially-zoned property. The affected activities include auto repair, accessory fuel pumps, car wash facilities, and loading facilities. The restrictions make it impossible for many stand-alone auto repair businesses, especially those along the Federal Highway pairs, to become conforming uses. The petitioner is requesting that the AC zoning district regulations be amended so that those locational and use restrictions apply only to full-service automobile dealerships, thus allowing smaller operations to have an opportunity to become conforming. Please refer to the Planning and Zoning Board Staff Report for more detail. , ,. City Commission Documentation First Reading, Ordinance Amending LDRs 4.4.10(G) Locational Criteria in the A.C. Zone District Page 2 PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board held its first formal review of this item at a Special Meeting held on January 11, 1993. Michael Weiner addressed the item and expressed his support for the amendment. The Board discussed the impacts of the various auto-related uses on residential properties, and debated whether or not those non-conforming uses should be allowed to become conforming. After considerable discussion, the Board continued the item to the meeting of January 25, 1993. At the Planning and Zoning Board meeting of January 25, Michael Weiner and Charles Spallita spoke in favor of the amendment; Helen Coopersmith spoke against it. Following additional discussion, a motion to recommend denial failed on a tie (3-3) vote (Beer, Kellerman, Krall voted in favor of the motion to recommend denial; FeIner, Naron, Kiselewski voted against the motion; Currie was absent). RECOMMENDED ACTION: Board discretion. Attachments: * Ordinance by others * P&Z Staff Report & Documentation of January 11, 1993 DD/CCAUTO.DOC PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: LDR TEXT AMENDMENT RE LOCATIONAL CRITERIA FOR AUTO REPAIR USES IN THE A.C. ZONE DISTRICT ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a proposed change to the LDRs. The changes contemplated are: * To allow stand-alone auto repair facilities adjacent to residentially zoned property (modification of an existing regulation) . * To allow car wash facilities, not associated with a gasoline station, adjacent to residentially zoned property. * To allow loading areas associated with stand alone auto repair facilities adjacent to residentially zoned property. Currently, such uses are prohibited within 100' of residentially zoned property. BACKGROUND: This item is requested by a private party (Weiner letter of November 24, 1992). The request;. -has: come-about, due -to th$ inabili ty to establish auto repair ~use~'on, property: zoned..... A.C.. - ': due to specific locational criteria' (Sectionc'4,. 4.. 10,(G) (4') } , and specific use and operating"'restrictions- [Sectton ,4.. 4 .10 (G)(5).] .c : - - TEXT CHANGES: Section 4.4.10(G)(4) Locational Restrictions (within AC zoning) (a) Repair facilities ~Illll 2!: paint and body shops either of which may be affiliated with Full Service Automotive Dealerships as defined in these Regulations shall be located at least 100 feet from any residentially-zoned lot. Except (1) where existing or ( ii) where it can be demonstrated to the Planning and Zoninq Board that it is not reasonably feasible to comply, S!.ervice bay doors shall not be oriented toward any adjacent residentially-zoned property, extept w){ete t'6.ttelltlt ext_ttll~1 nor oriented toward any adjacent public street. '6.llle__ tt t41l ~e 9!em<<Sllaftt4telll t<<S tKe P141l1ltrl@f all9! Z<<Slltll@f B<<Sat'd tK~t tt t_ ll<<St tea_t~le t<<S t<<SzpltJ ~.~\\. .' , , P&Z Board Memorandum Staff Report LOR Text Amendment Re Locational Criteria for Auto Repair Uses in the A.C. Zone District Page 2 (b) Accessory fuel pump islands ~~~ ~ automated wash facilities for vehicles, either of which may be affiliated with Gasoline Stations as defined in these Regulations shall not be located within 100 feet of any residentially-zoned property. Wash facilities shall be located within a completely enclosed building allowing for two ( 2) service bay doors. Fuel pump islandsl shall be located within an enclosed area reasonably concealed from public view ~,s tH~t tHet ~te ~,st -II~I'DZe ,sit ~teitl~e~J Section 4.4.l0(G)(5)(d) Use and Operating Restrictions: ~ ~\ With respect to Full Service Automobile Dealerships, the f~Owing restrictions shall apply: ill E~xcept for existing area designated for off-loading, any area designated for the off-loading of vehicles or for loading and deliveries 'shall be located to the rear of buildings and shall be located so as to contain noise on-siteJ; (ii). T!hese areas shall not be located closer than 100 feet from any residentially-zoned lot/l and (iii) shall be appropriately designated, marked, and signed. ANALYSIS: The intent of the petitioner's request is to keep the regulations as they are with respect to Full Service Automobile Dealerships; but to accommodate smaller scale-stand alone auto repair uses. This request seems appropriate given that there was intent, upon creation of the AC District, to ~accommoda+e--frea-s.t.and:1nq: :repair uses and to provide an incentive for there-to-fore nonconforming site to upgrade. In all circumstances, a free standing auto repair use is subject to conditional use approval; thus, if appropriate denial can be based upon proximity to residentially zoned property; or adequate mitigation can be required. RECOMMENDED ACTION: Board discretion. However, if approval is recommended, the following text is suggested (modifications to the applicant's request are shown): Section 4.4.10(G)(4) Locational Restrictions (a) Repair facilities or paint and body shops either of which itat 'De are affiliated with Full Service Automotive Dealerships as defined in these Regulations shall be located at least 100 feet from any residentially-zoned lot. . . P&Z Board Memorandum Staff Report LOR Text Amendment Re Locational Criteria for Auto Repair Uses in the A.C. Zone District Page 3 ill For all repair uses, except ( 1) where existing or (ii) where it can be demonstrated to the Planning and Zoning Board that it is not reasonably feasible to comply, service bay doors shall not be oriented toward any adjacent residentially-zoned property, nor oriented toward any adjacent public street. (~~) Accessory fuel pump islands or automated wash facilities for vehicles, either of which rJl4t ~" are affiliated with Gasoline Stations as defined in these Regulations shall not be located within 100 feet of any residentially-zoned property. ill Wash facilities shall be located within a completely enclosed building allowing for two (2) service bay doors. Fuel pump islandsl shall be located within an enclosed area reasonably concealed from public view. Section 4.4.10(G)(S)(d) Use and Operatinq Restrictions: <\ ~ WU;h res ec~ to Ful rshi s fol owinQ restr cons s all appln ,!.xcept for existing areas designated tor off-loading, any area designated for the off-loading of vehicles or for loading and deliveries shall be located to the rear of buildings and shall be located so as to contain noise on-site..i.'<.!!Jlf~hese areas shall not be located closer than 100 feet from any residentially-zoned lot~~and (iii) shall be appropriately designated, marked, and signed. ~ - . Attachments: , ' , ' " , ') : ; :- . l. * Weiner request letter of November 24, 1992 ;~ . Report prepared by: ~~,~'\~ DJK/T:PZPAIR.DOC , ' MICHAEL S, WEINER & ASSOCIATES, P.A. A TTORNEYS A T LAW The Clark House 102 North Swinton Avenue Delray Beach, Rorida 33444 MICHAEL S. WEINER South Palm Beach County: (407) 265-2666 CAROLE ARONSON North Palm Beach County: (407) 736-~ RANDI S. TOMPKINS Broward County. (305) 462....935 Telecopier. (407) 272-6831 OF COUNSEL: PETER J. MURRAY November 24, 1992 HAND DBLIVERED Mr. David Kovacs Planning & Zoning City Hall 100 N.W. First Avenue Delray Beach, FL 33444 RE: ~roposed text amendments to LDRs Our File No.: WALW(059)Ol3 Dear David: I am enclosing proposed text amendments to the following sections of the Land Development Regulations: 1) Section 4.4.10 (G)(4)1 2) Section 4.4. 10 (G) (5) I and .,,' ~Lth respect to :':j .l.1 ' . ~, , - 3) Article 7.8. ',_"-",:L .~. ~~ :.. ti 11..L:.-'';:: I I..lle' ~ J_~ J.' .'1 .\_' ... '--:: ~ .... -)'- 1..; ~ { i) ex:::-/;ot :':;1' .?' tst.~_r..J As to sections 4.4.10 (G)(4) and (G)(S) ,"I aDi- encfoslng the 'full. - - - - -- proposed text amendment. As to Article 7.8, I have blocked out those sections which still refer to the old regulations. Please fill in the appropriate section numbers. your consideration in this matter. ~ .- Ilrclrt!l'W~ . "- Nov .e.s""7p) PiA. 1992 Enclosure ^'NJ~;,':.. & ..~ -... ZoNING . Section 4.4.10 lO)l41 (4) Locational Restrictions: (a) Repair facilities or paint and body shops either of which may be affiliated with Full Service Automobile Dealerships as defined in these Regulations shall be located at least 100 feet from any residentially-zoned lot. Except (i) where existing or (ii) where it can be demonstrated to the Planning and Zoning Board that it is not reasonably feasible to comply, service bay doors shall not be oriented toward any adjacent residentially-zoned property, nor oriented toward any adjacent public street. (b) Accessory fuel pump islands or automated wash facilities for vehicles, either of which may be affiliated with Gasoline Stations as defined in these Regulations shall not be located within lOO feet of any residentially-zoned property. Wash facilities shall be located within an enclosed building allowing for two (2) service bay doors. Fuel pump islands shall be located within an enclosed area reasonably concealed from public view. * * * * Section 4.4.10 lO\l5\ A ~ with respect to Full Service Automobile Dealerships, the following restrictions shall apply: (i) except for existing areas designated for off-loading, any areas designated for the off- loading of vehicles or for loading and deliveries shall be located to the rear of buildings and shall be located so as to contain noise on-site~ (ii) these areas shall not be located closer than lOO feet from any residentially-zoned lot~ and (iii) shall be appropriately designated, marked, and signed. , ' . --- . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER L t;: SUBJECT: AGENDA ITEM # I~D - MEETING OF FEBRUARY 9. 1993 ORDINANCE NO. 20-93 DATE: February 5, 1993 This is first reading of an ordinance the Land Development Regulations by enacting a new Section 4.4.26, "Light Industrial (Ll) District" , and amending Section 4.3.4(K), "Development Standards Matrix" , to provide for the inclusion within the matrix of minimum development standards for the Light Industrial Zone District. The LI Zone District provides an opportunity to site, develop and maintain high quality industrial land uses outside of an induttrial park setting. It also allows certain industrial land uses in areas which are considered to be environmentally or aesthetically sensitive. This is possible because of the strict development standards provided in this ordinance. The Planning and Zoning Board at their January 28th special meeting recommend approval, as did the Community Redevelopment Agency at their February 2nd meeting. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 20-93 on first reading. {WJ<ud ~ ~ ~-O . . . . ORDINANCE NO. 20-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING I REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, I FLORIDA, BY ENACTING ANEW SECTION 4.4.26, "LIGHT INDUSTRIAL (LI) DISTRICT" 1 AMENDING SECTION 4.3.4 (K) , "DEVELOPMENT STANDARDS MATRIX" , TO PROVIDE FOR THE INCLUSION WITHIN THE MATRIX OF MINIMUM DEVELOPMENT STANDARDS FOR THE LIGHT INDUSTRIAL ZONE DISTRICT1 PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. I WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meetings of January I 11, 1993, and January 28, 1993, and has forwarded the change with a recommendation of approva11 and, I I WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the I Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is not inconsistent with the Comprehensive I Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.4, "Base Zoning District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new Section 4.4.26, "Light Industrial (LI) District", to read as follows: Section 4.4.26 Light Industrial (LI) District (A) Purpose and Intent: The Light Industrial Zone District provides an opportunity to site, develop, and maintain high quality industrial land use outside of an industrial park setting. It also allows certain industrial land uses to be located in areas which are considered to be environmentally or aesthetically sensitive. This LI District is appropriate in such areas due, in part, to the development standards which are more strict than those found in the "I" and "MIC" Districts. While the LI District has flexibility in its application (it is compatible with both Industrial and Commerce designations on the Future Land Use Map) , it is not to be applied to small lots or other circumstances which would lead to non-conforming site development. (B) Principal Uses and Structures Permitted: The following types of uses are allowed within the Light Indu&trial (LI) Zone District as a permitted use: (1) Research and Development: Research and Development (R&D) uses involve either some degree of product creation, testing, evaluation, and development or the providing of testing and evaluation services for products produced by others. However, this use does not include the actual manufacture, assembly, fabrication, or other processing techniques which result in either the distribution or sale, either wholesale or retail, of products from the premises. Further, materials used in such testing and 'I evaluation shall not exceed an aggregate amount of twenty-five (25) :! gallons per gross acre of land area for any material which is listed on the Regulated Substance list as maintained per Section 4.5.5 (B) (Wellfield Protection) . , ' . ~ - I: - ! I (2) Wholesaling, Storage, and Distribution: The wholesaling, storage, and distribution of any product which does not involve the handling of any material which is listed on the Regulated 'I' Substance list as maintained per Section 4.5.5(B) (Wellfield Protection) . (3) Industrial (manufacturing, assembly) : Only I manufacturing and assembly operations are allowed and then only to the extent that any materials used in such operations shall not 'I exceed an aggregate amount of twenty-five (25) gallons per gross acre of land area for any material which is listed on the Regulated I Substance list as maintained per Section 4.5.5(B) (Wellfield Protection) . ; I (4) Office: General business offices and business " services are allowed. However, professional offices dealing with medical activities and medicine are not permitted. I (C) Accessory Use and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: i 1 ( 1 ) Parking lots I (2) Refuse storage areas (3) Monitoring Wells i (4) Retailing of items produced on the premises but only to the extent of no more than 10% of the floor area of the structure or use area devoted I to the item, but in no case to exceed 1,000 il sq. ft. of display and sales area. I (5) Repair: Repair use is allowed only to the extent ! that it is consistent with or for items which may ,I be manufactured or assembled within this zone " district. i 'I 1'1 (D) Conditional Uses and Structures Allowed: The II following uses are allowed as conditional uses within the LI Zone II District: :1 !I (1) Rental and Sales of Modular Structures :; (2) Communication Facilities II (3) Food preparation and/or processing including 'I bakeries and catering operations II' (4) Principal Uses which require the storage and/or I use of regulated substances in a manner other I than allowed under Subsection (B). I II (E) Review and Approval Process: iI i (1) In established structures, uses shall be allowed i therein upon application to, and approval by, the Chief Building , Official for a certificate of occupancy. i (2) For any new development, approval must be granted il by the Site Plan Review and Appearance Board pursuant to Sections ! 2.4.5(F), (H) and (I). 'I (3) Conditional uses must be reviewed and approved q pursuant to Section 2.4.5(E). 'I '; (F) Development Standards: The development standards as 'i set forth in Section 4.3.4 shall apply except as modified herein. (1) For each foot in height above twenty-five feet (25'), front and street-side setbacks shall be increased by one foot (1') . - 2 - Ord. No. 20-93 . il il (2) The LI Zone District shall not be applied to any :1 lot which does not meet these standards; however, under a unified development plan which contains control for site maintenance and '; provides for cross-access and mutual use, lots below the District :j ., minimum may be created for ownership purposes only, provided that the jl <I minimum development area requirements are met. ij !) II (G) Supplemental District Regulations: The Supplemental " District Regulations as set forth in Article 4.6 shall apply except " 'I I, as provided for herein. H I ;, (1) Truck and Equipment Storage: Trucks, vans, and !I :1 equipment may be stored in designated areas provided that such areas shall not be located along collector or arterial roadways or across 'I from residential properties. Such areas shall be screened from view II from adjacent properties and rights-of-way in a manner approved by :t " the Site Plan Review and Appearance Board. " II (H) Special District Regulations: The following il regulations apply on property zoned LI. i ~ (1) Overhead doors shall not face adjacent I rights-of-way except when it is clearly demonstrated that no !I opportunity exists to do otherwise. (2) All required setback areas shall be landscaped with no paving except for driveways and walkways leading to structures on the premises. Such driveways and walkways shall be generally perpendicular to the property line. .1 (3 ) A minimum floor area of, at least, 4,000 sq.ft. per tenant or bay shall be provided with the exception of office (business) uses. (4) All industrial operations and activity on the premises, except loading and unloading, shall be conducted wholly within an enclosed building. (5) Attention is drawn to Section 4.5.5(B) (Wellfield Protection) and Section 4.4.20 (Industrial Zone District) as they pertain to uses allowed in this LI District and protection of municipal wells and wellfields. i Section 2. That Chapter 4, "Zoning Regulations", Article 'I 4.3, "District Regulations, General Provisions", Section 4.3.4, "Base i, , '! District Development Standards", Subsection 4.3.4(K), "Development Standards Matrix", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is amended by adding the following standards for the Light Industrial (Ll) District to the Matrix: Minimum Development Area 1 acre (43,560 sq. ft.) Minimum Lot Size 20,000 sq. ft. Lot Frontage 100 feet Lot Depth & Width Not applicable or "0" Maximum Lot Coverage* 50% (by buildings) Minimum Floor Area Not applicable Perimeter Setback Not applicable Front Yard Setback 10 feet Side Street Setback 10 feet Side Yard Setback 5 feet Rear Yard Setback 10 feet Height 48 feet *In addition to lot coverage, a minimum of 25~ non-vehicular open space shall be provided. Interior and perimeter landscaping may be applied toward meeting this requirement. - 3 - Ord. No. 20-93 , , fI - = I Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be I declared by a court of competent jurisdiction to be invalid, 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 ,j Section 4. That all ordinances or parts of ordinances !I which are in conflict herewith are hereby repealed. ! Section 5. That this ordinance shall become effective ten :1 (10) days after its passage on second and final reading. :1 PASSED AND ADOPTED in regular session on second and final I reading on this the day of 1993. 'I , Ii i ! I' " MAY 0 R i ATTEST: City Clerk First Reading Second Reading :1 " I - 4 - Ord. No. 20-93 I l~ I< ']'- 1 ,'-J I r v C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~ID T. HARDEN, CITY MANAGER \~~'-l~ FROM: D ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF FEBRUARY 9, 1993 FIRST READING, ORDINANCE AMENDING LDRs BY ADDITION OF A NEW ZONE DISTRICT - LIGHT INDUSTRIAL (LI) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading, of an ordinance modifying the City's Land Development Regulations ( LDRs) . The amendment is that of creating a new zone district entitled Light Industrial (LI) . It will be Section 4.4.26. BACKGROUND: The initiative for creating this new zoning district came from the CRA Plan which calls for establishment of industrial zoning in the general area between Carver Estates and S.W. 10th Street. This area is in the vicinity of the Series 20 Wellfield. Please see the "history" portion of the P&Z Staff Report for more background. The proposed District provides for some control of "regulated substances" beyond that afforded by the Wellfield Protection Ordinance. It also contains development standards (lot area, development area, scaled height requirements) which are more restrictive than those found in the existing Industrial and MIC Districts. It also does not include certain uses e.g. auto repair, service contractors; and does contain a minimum tenant (bay) requirements (4,000 sq.ft.). These standards are intended to assure that the application of this new zoning district does not become misused in the future. Again, please refer to the Planning and Zoning Board staff report for a full description and analysis of the proposed district. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a Special Meeting held on January 28, 1993 (continuation from January 11th). There was no public comment on the item. After review (the Board had previously conducted a worksession on the subject), the proposed District was forwarded on a 4-0 vote. , city Commission Documentation First Reading, Ordinance Amending LDRs by Addition of a New Zone District - Light Industrial (LI) Page 2 COMMUNITY REDEVELOPMENT AGENCY REVIEW: The CRA has scheduled a special meeting on Thursday, February 4th in order to review this and other LOR amendments. Their comments, if any, will be presented at the City Commission meeting. RECOMMENDED ACTION: By motion, approval on first reading. Attachments: * Ordinance by others * P&Z staff Report & Documentation of January 11, 1993 DJK/CCINDZN.DOC . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: LDR TEXT AMENDMENT RE NEW ZONING DISTRICT TITLED "LIGHT INDUSTRIAL" (LI) I T E M B E FOR E THE BOARD The item before the Board is that of making a recommendation to the City Commission on the adoption of a new zoning district. The name of the new district is Light Industrial Zone District. At the present time there is no application of this new district on the Official Zoning Map; however, once it is adopted, it anticipated that a private petition will be made for its application in the vicinity of SW 10th Street and SW 14th Street. B A C K G R 0 U N D Zoning History: Prior to the adoption of the new LDRs in October, 1990, there were two industrial zone districts, the Industrial ( I ) and the Light Industrial (LI) . Also, there was the Mixed Industrial and Commercial District (MIC) and Planned Commerce Center ( PCC) . These latter districts allowed the same range of uses as found among the permitted uses of the I and LI Districts. The previous LI District was only slightly different from the previous I District. It also accommodated several uses which were not industrial in nature. Upon adoption of the LDRs, the hierarchy of industrial zoning was as follows: * "PCC" accommodates industrial land use within a planned, industrial park environment. Only indoor uses were accommodated. * "MIC" initially accommodated only indoor uses. Uses were allowed on individual parcels and were not required to be in an industrial park environment. MIC was applied on former LI parcels. Essentially, the MIC is a light industrial district with allowance of some commercial (retail) use. In 1991, the MIC District was modified to accommodate certain outdoor uses, but only as conditional uses. * "I" accommodates all industrial uses. Those which are generally conducted indoors are permitted as principal uses; those which have outside components are allowed only through the conditional use process. , ' P&Z Staff Report LOR Text Amendment Re New Zoning District Titled "Light Industrial" (LI) Page 2 Comprehensive Plan Direction: Within the Comprehensive Plan there are several policies which call for examination of land use within wellfields (water supply) and the creation of a new industrial zone district which would be compatible with environmental concerns associated with wellfield protection. Please refer to the report, Wellfield Protection Issues, which was prepared for consideration in Plan Amendment #93-I. This proposed LI Zone District addresses those issues and also is responsive to Policy A -5 .15 of the Land Use Element which calls for the creation of such a zone to be applied to the vacant lands in the vicinity of the Series 20 Wellfield. The undeveloped land around the Series 20 Wellfield had been designated and zoned as Industrial prior to adoption of the Comprehensive Plan in 1989. The 1990 Comprehensive Plan called for non-industrial land use; upon adoption of the LDRs, the area was zoned as Medium Density Residential (RM) . Upon further review of the land use situation in that area, the Community Redevelopment Agency (eRA) recommended that a "clean" industrial district be created and applied there (and elsewhere where it would be appropriate). The concept of re-applying industrial land use into the Series 20 Wellfield area was tested in Plan Amendment 92-2 through which a built, non-conforming industrial use was brought into Plan compliance through an amendment to the Future Land Use Map (King, Transitional to Industrial). The analysis for that Amendment alluded to the expansion of the specific property to the larger, undeveloped area. Plan Amendment 92-2 was processed, reviewed, and approved without comment on this issue. Expansion of this land use designation within the Series 20 Wellfield area will occur with Plan Amendment 93-2. PRO P 0 SED T E X T (New) Section 4.4.26 Light Industrial (LI) District (A) Purpose and Intent: The Light Industrial Zone District provides an opportunity to site, develop, and maintain high quality industrial land use outside of an industrial park setting. It also allows certain industrial land uses to be located in areas which are considered to be environmentally or aesthetically sensitive. This LI District is appropriate in such areas due, in part, to the development standards which are more strict than those found in the "I" and "MIC" Districts. ~.'. .'. ^ . P&Z Staff Report LDR Text Amendment Re New Zoning District Titled "Light Industrial" (LI) Page 3 While the LI District has flexibility in its application (it is compatible with both Industrial and Commerce designations on the Future Land Use Map) , it is not to be applied to small lots or other circumstances which would lead to non-conforming site development. (B) Principal Uses and Structures Permitted: The following types of uses are allowed within the Light Industrial (LI) Zone District as a permitted use: ( 1) Research and Development: Research and Development (R&D) uses involve either some degree of product creation, testing, evaluation, and development or the providing of testing and evaluation services for products produced by others. However, this use does not include the actual manufacture, assembly, fabrication, or other processing techniques which result in either the distribution or sale, either wholesale or retail, of products from the premises. Further, materials used in such testing and evaluation shall not exceed an aggregate amount of twenty-five (25) gallons per gross acre of land area for any material which is listed on the Regulated Substance list as maintained per Section 4.S.S(B) (Wellfield Protection). ( 2 ) Wholesalinq, Storaqe, and Distribution: The wholesaling, storage, and distribution of any product which does not involve the handling of any material which is listed on the Regulated Substance list as maintained per Section 4.S.S(B) (Wellfield Protection). (3) Industrial (manufacturinq, assembly) : Only manufacturing and assembly operations are allowed and then only to the extent that any materials used in such operations shall not exceed an aggregate amount of twenty-five (25) gallons per gross acre of land area for any material which is listed on the Regulated Substance list as maintained per Section 4.5.5(B) (Wellfield Protection). (4) Office: General business offices and business services are allowed. However, professional offices dealing with medical activities and medicine are not permitted. ( C) Accessory Use and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: ( l) Parking lots. (2) Refuse storage areas (3) Monitoring Wells . ' P&Z Staff Report LDR Text Amendment Re New Zoning District Titled "Light Industrial" (LI) Page 4 (4) Retailing of items produced on the premises but only to the extent of no more than 10% of the floor area of the structure or use area devoted to the item, but in no case to exceed 1,000 sq. ft. of display and sales area. (5) Repair: Repair use is allowed only to the extent that it is consistent wit-h or for items which may be manufactured or assembled within this zone district. (D) Conditional Uses and structures Allowed: The following uses are allowed as conditional uses within the LI Zone District: ( 1) Rental and Sales of Modular Structures (2) Communication Facilities (3) Food preparation and/or processing including bakeries and catering operations (4) Principal Uses which require the storage and/or use of regulated substances in a manner other than allowed under Subsection (B) . (E) Review and Approval Process: ( 1) In established structures, uses shall be allowed therein upon application to, and approval by, the Chief Building Official for a certificate of occupancy. (2) For any new development, approval must be granted by the Site Plan Review and Appearance Board pursuant to Sections 2.4.5(F), ( H), and (I). (3) Conditional uses must be reviewed and approved pursuant to Section 2.4.S(E). (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply except as modified herein. (1 ) For each foot in height above twenty-five feet (25'), front and street-side setbacks shall be increased by one foot (1'). (2) The LI Zone District shall not be applied to any lot which does not meet these Standards; however, under a unified development plan which contains control for site maintenance and provides for cross-access and mutual use, lots below the District minimum may be created for ownership purposes only, provided that the minimum development area requirements are met. P&Z Staff Report LDR Text Amendment Re New Zoning District Titled "Light Industrial" (LI) Page 5 The Standards which are to be added to the MATRIX of Section 4.3.4 are: - Minimum Development Area 1 acre (43,560 sq.ft.) - Minimum Lot Size 20,000 sq. ft. - Lot Frontage 100 feet - Lot Depth & Width not applicable or "0" - Maximum Lot Coverage* 50% (by buildings) - Minimum Floor Area not applicable - Perimeter Setback not applicable - Front yard setback 10 feet - Side Street setback 10 feet - Side yard setback 5 feet - Rear yard setback 10 feet - Height 48 feet * In addition to lot coverage, a minimum of 25% non-vehicular open space shall be provided. Interior and perimeter landscaping may be applied toward meeting this requirement. (G) Supplemental District Regulations: The . Supplemental District Regulations as set forth in Article 4.6 shall apply except as provided for herein. ( 1) Truck and Equipment Storage: Trucks, vans, and equipment may be stored in designated areas provided that such areas shall be not be located along collector or arterial roadways or across from residential properties. Such areas shall be screened from view from adjacent properties and rights-of-way in a manner approved by the Site Plan Review and Appearance Board. (H) Special District Regulations: The following regulations apply on property zoned LI. ( 1) Overhead doors shall not face adjacent rights-of-way except when it is clearly demonstrated that no opportunity exists to do otherwise. (2) All required setback areas shall be landscaped with no paving except for driveways and walkways lading to structures on the premises. Such driveways and walkways shall be generally perpendicular to the property line. (3) A minimum floor area of, at least, 4,000 sq. ft. per tenant or bay shall be provided with the exception of office (business) uses. , P&Z Staff Report LDR Text Amendment Re New Zoning District Titled "Light Industrial" (LI) Page 6 (4) All industrial operations and activity on the premises, except loading and unloading, shall be conducted wholly within an enclosed building. (5) Attention is drawn to Section 4.S.5(B) (Wellfield Protection) and Section 4.4.20 (Industrial Zone District) as they pertain to uses allowed in this LI District and protection of municipal wells and wellfields. A N A L Y S I S The proposed LI District will achieve the objectives of a zone district which will require quality development because of its development standards. Also, provisions are made to regulate use based upon use of chemicals (regulated substances) which may be detrimental within wellfield protection zones. However, provision is made for uses to go through the conditional use procedures when significant quantities of regulated substances will be on-site, but for which adequate safeguards for their handling will be provided and maintained. A few new concepts e.g. increased setbacks for increases in building height and now applying the District to substandard properties along with a borrowed concept (from PCC) of minimum tenant or bay sizes are provided. Also, the focus of this District to have compatible land uses which do provide for employment opportunities. It is not necessary an exclusive zone district where allowable uses are to compliment one another; thus, provisions have been made to allow general office use as a permitted use. However, some office use such as those which are medically related are not accommodated since there may be an incompatibility between medical clients and industrial users. Of significance is what is not in this proposed District. There are not provisions for "service industrial" or "contractors" such as pool maintenance, landscape maintenance, roofers, plumbers and electricians. Nor are there provisions for repair of engines of any kind, nor any kind of automotive, boat, etc. repair. Also, any outside activity such as storage of materials, storage of vehicles (such as for an auto dealer) and the like is not accommodated. P&Z Staff Report LDR Text Amendment Re New Zoning District Titled "Light Industrial" (LI) Page 7 It may be appropriate, within a short while, to consider applying this new zone district to properties on the west side of Congress, north of Atlantic and elsewhere where greater control of Commerce Land Use which is zoned MIC is desired. RECOMMENDED ACT ION Since this proposed zone district is more stringent that the existing "I", "MIC" and "PCC" Districts, it is felt that it should be adopted and applied to the zoning map. Since it will not be applied until a specific private petition comes forward, we will have further time to evaluate the standards and provisions contained wi thin it. At the time of first application, adjustments can be considered. Thus, by motion, forward the proposed LI Zone District to the City Commission with a recommendation of approval. Report prepared by: T:PZLIZONE , I . M E M 0 RAN DUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER," 'h, SUBJECT: AGENDA ITEM # I~ F - MEETING OF FEBRUARY 9, 1993 ORDINANCE NO. 17-93/POLICE AND FIRE PENSION ORDINANCE DATE: FEBRUARY 5, 1993 For some time now, amendments to Chapter 33, "Police and Fire Departmen ts" , of the City's code of ordinances have been under review. In October of 1992, the Commission passed Ordinance No. 14-92 which amended Section 33.66, "Finances and Fund Management", to provide that the Board of Trustees may invest up to sixty percent (60%) of the Trust Fund's assets in common or capital stock (as opposed to the 50% previously allowed). Also in October, 1992, Ordinance No. 52-92 was adopted which amended Section 33.62 to provide that an annual medical report shall be submitted by a disability retiree only if requested by the Board of Trustees, as opposed to being a mandatory requirement. The ordinance now before the Commission (#17-93) is one which addresses certain grammatical and verbiage changes to the text of Section 33.62, "Benefit Amounts and Eligibility", for purposes of clarity. They have previously been reviewed and recommended for adoption by the Board of Trustees, and have also been reviewed by the City Attorney's office. No substantive changes relating to benefit amounts, offsets or eligibility are incorporated in this ordinance. Recommend approval of Ordinance No. 17-93 on first reading. If passed, public hearing on February 23, 1993. f~ /5"- ~ - 5-0 . \... , I - :1 :1 ORDINANCE NO. 17-93 d il AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF " DELRAY BEACH, FLORIDA, AMENDING TITLE III, " "ADMINISTRATION", CHAPTER 33, "POLICE AND FIRE , DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF " ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY 'i AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND Ii ELIGIBILITY", TO PROVIDE FOR CERTAIN GRAMMATICAL AND \\ VERBIAGE CHANGES I PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. 11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF II THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: :1 Section 1- That Title III, "Administration", Chapter 33, "Police and Fire Departments", Subheading "Pensions", Section Ii 33.62, "Benefit Amounts and Eligibility", of the Code of Ordinances I' of the City of Delray Beach, Florida, be, and the same is hereby :1 :1 amended to read as follows: 'i il Section 33.62 BENEFIT AMOUNTS AND ELIGIBILITY. , , (AI Normal retirement date. A member elect to ,I may retire on the first day of any month if coincident with or I following the attainment of his fifty-second birthday and the i: completion of twenty (201 years of continuous servicel however, 'I :1 employees who are eligible to and become members of the system as i! of the effective date of this system shall be eligible to retire, as above, upon the attainment of their fifty-second birthday, regardless of the number of years of continuous service. Effective October 1, 1989, a member may elect to retire on the first day of any month coincident with or next following his completion of twenty (201 years of continuous service. This provision shall not apply to any member who retires or terminates employment prior to October 1, 1989. (BI Normal retirement benefit. (1) Duration, survivor benefits. A member retiring hereunder on his normal retirement date shall receive a monthly benefit which shall commence on his normal retirement date and be continued thereafter during his lifetimel upon his death the full retirement benefit shall be continued to his spouse for one year and sixty percent (60%1 of that amount continued thereafter until the earlier of death or remarriage. (21 Amount. Normal retirement benefits shall be in the amount of two and one-half percent of average monthly earnings for each year of continuous service, subject in any event to a maximum of seventy-five percent (75%) of average monthly earningsl however, members as of the effective date shall receive at their normal retirement date (age 52 regardless of " years of service) the greater of the benefit provided by the formula above or fifty percent (50% ) of average monthly earnings. ( 31 Upon becoming eligible for normal retirement, a member shall be one hundred percent (100%1 vested in his accrued benefit. '. - :1 (e) Disability retirement provisions. II (1) (a) For purposes of this system, "TOTAL AND I PERMANENT DISABILITY" shall mean an injury, disease or condition :1 which totally and permanently incapacitates a member, either ,I physically or mentally, from his regular and continuous duty as a II police officer or firefighter. A "TOTAL AND PERMANENT DISABILITY" : arising directly from the performance of service to the city by a , member as a pOlice officer or firefighter shall be considered to I be a service incurred disability. A "TOTAL AND PERMANENT ! DISABILITY" arising from any other cause or source, other than as I modified below, shall be considered to be a nonservice incurred Ii disability. A member shall not be entitled to receive a i~'I. disability retirement benefit from the system if the disability · is a result of: , ;1 .. . 1. Excessive and habitual use of drugs, II :l.ntoxJ.cants or narcotJ.cs ~ Ii !I 2. Injury or disease sustained by the il member while willfully and illegally participating in fights, II riots, civil insurrections, or while committing a crime~ II 3. Injury or disease sustained by a ~; member while serving in any of the armed forces ~ :1 !! 4. Injury or disease sustained by the I member after his employment with the city has been terminated. II (b) A member shall not receive a service ,I incurred disability benefit for injury or disease sustained by the member while working (either as an employee or through some other I contractual arrangement) for anyone other than the city, performing " a job function the same as or related to the member's city job function, and arising out of the scope of any other employment or contractual arrangement, excepting injuries sustained by members while performing duties on behalf of the city and while within the city's jurisdiction although those injuries occurred at an outside employer's job site. In addition, a member shall not be entitled to receive a disability retirement benefit from the system on the basis of any condition which existed prior to the member's employment or which was evidenced during the member's preemployment physical. (2) Application for benefits. In order for the Board to consider a member's request for disability retirement benefits, the member must apply in writing to the Board. t~t. .~~lte~tt~~/~u.t/~e/~.~ell..I.ccri/..llt./pt.tttta~le/f6116*tn~llt~e ~.te/*~enllt~ell~t.a~tltttlltcndttt0nllatc.etlll~nle"Iletten~.ttn~ tttt~.t.rite.lt.ri/~ellptcten/t61It~e/..tt.f.tttcn/6fllt~e/~6.tdllcf ttu.tee.JI.ri/.pplttatt0n/dated/~6tellt~.n/.ttIA61/~6nt~.llt611c*tn~ t~e/..tell*~enllt~ell.t.a~tltttlt6ndttt0nllat0.eI16tllftt.tll~eta~e e+t~ent/~tllt~elld.te/*~etellallp~t.ttt.n/~a.lltettLftedllt~atllt~e applteintIK..llteit~e./~att~~II~e.ttallt~ptcte~entJII*~tt~etetllts 1.tetJI.~ill/~e/qt6~nd.llfctlt~e/dentalI6fllt~e/ipplttatt6ri/~tllt~e !6itdt Upon receipt of proper application by the Board of Trustees, the Board of Trustees shall arrange for a physical examination of the applicant by the medical board. A further condition for receipt of disability retirement benefits from the system is that the applicant must apply for and diligently pursue disability benefits from social security and workers' compensation. Written proof of application must be submitted to the Board of Trustees. Failure of the applicant to qualify as being disabled under either the social security or workers' compensation laws may be considered by the Board of Trustees in review ctltetcnstdetatt0n ! ~tltKe/~6.t~llcf/tt~$tee$ of that member's dt.a~tltttlltettte~erit I application or recovery from disability. - 2 - Ord. No. 17-93 I (3) Medical board. When a member submits proper application for a disability retirement benefit, the Board of Trustees shall designate a medical board to be composed of at least one >>~tllri~t/~~te/ltKari/ltKtee physician.. tKelltK~ttell~f pKt.tttari./.Kallll>>ell~a'elltri/att~t'aritellwttKlltKellt~ridttt6ril16t t6ridttt6ri./I~p6ril/wKttKlltKe//~e~etllt.llappl;tri~/lf~tIldt.a>>tltt; tettte~eritJ The medical board shall arrange for and pass upon all medical examinations required under the provisions of this subchapter, shall investiqate all essential statements or certificates made by or on behalf of a member in connection with an application for disability retirement and shall report in writinq to the Board of Trustees its conclusions and recommendations upon all matters referred to it. The payment of those services shall be determined by the Board of Trustees. (4) Determination of disability. All questions relating to eligibility for initial payment or continuance of disability benefits shall be determined by the Board of Trustees, taking into consideration the recommendations of the medical board and any other evidence of which the Board of Trustees may avail itself. The general steps which the Board of Trustees shall follow in its determination shall be as listed below, provided however, that the Board of Trustees may, in its discretion, alter or modify these steps: (a) Determine whether the member's application is proper~ ari'ltt~eltJ (b) If application is for a nonservice incurred disability, determine whether the ten years of continuous service requirement has been met. (c) Based on all evidence submitted to the Board of Trustees, determine whether the applicant satisfies the definition of disability, including the absence of listed exclusions. (d) Determine whether the disability is to be considered a service incurred disability or a nonservice disability, taking into consideration F.S. Chapters 175.231 and 185.34. (e) Establish a date of disability. This date may be the date of injury causing the disability, the date when the member could no longer perform his regular and continuous duties, the date when his sick pay and vacation pay are exhausted or such other date as determined by the Board of Trustees. AfY 'tt6tllt611186atdI16fllltt~itee.lllattt~n' dete~triel/wKetKetllltKell~e~etIIIKa.llteatKe'lll~ax!~~111~edtttl t~pt6te~erit/~ridet/w~t~eti'lt0~periiatt~n/ttttettiJ (5) Disability retirement benefits. (a) Eligibility. Each All member. ate shall be eligible for service incurred disability benefits, regardless of tKett length of continuous service. Each member who completes ten (10) years of continuous service prior to becoming disabled shall be eligible for nonservice incurred disability benefits. (b) Initial amount of service incurred disability benefit. Seventy-five percent (75%) of the member's average monthly earnings in effect on the date of disability, subject in any event to the offsets listed below. - 3 - Ord. No. 17-93 < II (c) Initial amount of nonservice incurred ! disability benefit. W~_t_/_I!~!~I_J//t!Wo percent (2%) of average '.1' monthly earnings in effect on the date of disability for each year ! of continuous service, subject in any event to maximum fifty !j percent (50%) of average monthly earnings and subject further to 'I the offsets listed below. i q (d) Terms of payments. Disability benefits :'1 shall commence on or as of the first day of the month coincident " with or next following the date of disability, as established by ill the Board of Trustees, and shall continue to be paid on the first ! day of each subsequent month until the death or recovery of the ii' disability retiree. The same survivorship percentages which apply : to normal retirement benefits shall also apply to disability ill retirement benefits. ! (e) Benefit offsets. Disability retirement it benefits described above shall be reduced by any disability 'I benefits paid by social security, by workers' compensation I benefits to the extent such benefits when added to the member's I disability retirement benefit from the system exceed the member's 'i average monthly earnings on the date of disability, and by other " benefit offsets set forth in division (e) (7) of this section. :! The reduction for social security shall be in the amount of the primary insurance amount only, not including any family benefit. Any cost of living adjustments in the disability retiree's social security and workers' compensation benefits shall not serve to reduce further the disability benefit payable from the system. The reduction for social security disability benefits shall terminate upon the retiree's attainment of age sixty-five (65). In the case of a lump sum settlement paid by workers' compensation, the disability retirement benefit payable from the system shall be adjusted as follows: 1. The amount of the lump sum settlement shall be divided by the member's remaining life expectancy (in months), as determined using standard actuarial tables approved by the plan actuary: 2. If the number obtained in division 1. above, when added to the member's monthly disability retirement benefit from the system, exceeds the member's average monthly earnings on the date of disability, the amount of the excess shall be deducted from the member's monthly disability retirement benefit from the system, for the duration of the member's f remaining life expectancy as determined in division 1. above. 3. If the number obtained in division 1. above, when added to the member's monthly disability retirement benefit from the system, does not exceed the member's average monthly earnings on the date of disability, there shall be no reduction of the member's disability retirement benefits from the system. Once the number of months of suspension has been completed, the disability retirement benefit from the system shall be resumed. Additional benefit adjustments shall also apply as described below in division (el (7) of this section. (f) Eligibility for other benefits. In the event that a member applying for disability benefits is also eligible for either early or normal retirement, the Board may, upon the request of the member, pay the early or normal retirement benefit instead of a disability retirement benefit. - 4 - Ord. No. 17-93 . (6) Annual report by disability retiree. (a) Each person currently receiving disability retirement benefits and each person who first qualifies for disability retirement benefits shall be required to submit to the Board of Trustees no later than March 1 of each iil~ndit year a signed and notarized report which includes, but is not limited to, the following information: l. Upon request of the Board of Trustees, a medical report from the disability retiree's physician stating whether the retiree is still totally incapacitated to perform the regular and continuous duties of a police officer or firefighter shall be submitted to the Board. The required physician's statement must be dated within four months of the request. 2. A statement showing the amount the disability retiree received in the immediately preceding calendar year from the following sources: a. Social security (primary insurance amount only, not including family benefits); b. Workers' compensation (excluding medical reimbursements); and c. Compensation for work performed during the year. Copies of all IRS W-2 forms from each employer shall be required for this purpose. (b) A statement to the effect that the disability retiree understands that if the report is incomplete or incorrect, his disability retirement benefits may be suspended or discontinued. (c) In the event that the required annual report is not submitted to the Board on a timely basis, or is incomplete or incorrect, the Board may, in its discretion, suspend 2E discontinue the disability retirement benefits. (7) Annual benefit adjustments. (a) The monthly disability retirement benefit of each person who is receiving benefits on, or who shall receive benefits after, the effective date of this subchapter, shall be adjusted annually as described herein. First, the sum of the following items shall be calculated for the previous calendar year: , 1. The disability retirement benefits paid from the system; 2. The social security primary insurance amounts (not including family benefits), less any cost of living adjustments since the benefit first went into effect; 3. The workers' compensation disability benefits (excluding medical reimbursements) , less any cost of living adjustments since the benefit first went into effect, to the extent that such benefits, when added to the member's disability retirement benefit from the system exceed the member's average monthly earnings on the date of disability; and - 5 - Ord. No. 17-93 . . 4. Any earned income (as defined in division (CI (111 of this section I received as evidenced by the IRS W-2 forms (excluding any sick and vacation pay received from the city pursuant to the disability, as determined by the Board of Trusteesl . (bl The annual rate of earnings of the disability retiree on his date of disability (utilizing the minimum set forth hereinafterl shall then be subtracted from this sum. If there is any excess- of the sum over the sum of the disability retiree's predisability annual earnings rate (with a presumed minimum upon the effective date of this subchapter of $30,0001 as :i increased or decreased annually by the ci~y in ac707dance with the 'I salary funded for comparably funded C1ty pos1t10ns, then the disability retirement benefit payable from the system shall be :i reduced. The amount of the annual reduction shall be equal to ,I fifty percent (50%1 of any sums up to and including $15,000 of the " excess, plus one hundred percent (100%1 of the excess, if any, :i which exceeds $15,000 in excess of the as-adjusted disability 'I retiree's predisability annual earnings (with a presumed minimum ,I upon the effective date of this subchapter of $30,0001. The annual :'1 reduction so computed shall then be divided by twelve (121 to make . it a monthly reduction. The monthly reduction shall then be i subtracted from the monthly disability retirement benefit which : has most recently been paid. If the sum of the four items listed above is less than the disability retirement benefit computed in accordance with division (CI (51 (bl or (cl of this section, as applicable, prior to the offset provided by (CI (51 (el of this section, then the disability retirement benefit payable from the system shall be increased. The amount of the annual increase shall be equal to the amount of the disability retirement benefit computed in accordance with division (CI (51 (bl or (cl of this I section, as applicable, prior to the offset provided by division (CI (51 (el of this section, minus the sum of the four items listed above. The annual increase so computed shall then be divided by twelve (121 to make it a monthly increase. The monthly increase shall then be added to the monthly disability retirement benefit which has most recently been paid. Any t~e newly adjusted disability retirement benefit shall be paid for the twelve (121 months beginning on the next January I: however, the disability retiree may petition the Board no more than once annually during that l2-month period for a tecomputation of those benefit adjustments, which the Board may elect to consider and grant based upon demonstrated exigent circumstances occurring to the disability 'I retiree subsequent to the last benefit adjustment. Upon the death ,I of the disability retiree prior to his recovery, the monthly ,I benefit rate without any adjustments shall be used to compute any i survivor benefits which are payable from the system. ! (BI Disability affidavit. No member otherwise eligible to receive disability benefits shall be paid those benefits unless and until that member files a disability affidavit with the Board on a form furnished by the Board. By the disability affidavit, the prospective retiree shall affirm that he is acquainted and familiar with the terms and conditions of his disability retirement. In particular, he shall " acknowledge the authority of the Board to require him to undergo periodic future physical examinations in order to determine whether he has recovered from disability L.I.tLll/dL.a~Ied. (91 Authority for reexamination. Each person who first qualifies for or is then receiving disability retirement benefits on or after the effective date of this subchapter shall be subject to periodic reexamination by a medical board selected by the Board of Trustees to determine if the disability has ceased to exist. t~elteexa~LnatL0nll.~all/n0tll~e/pet~Lttedll~0te 0ttenlt~anltwLtelLn/anlltalendatlyeatl - 6 - Ord. No. 17-93 . - i (10) Recovery from disability. :1 (a) In the event a member who has been retired on a disability benefit regains his health and is able to perform his duties in the Police Department or Fire Department, the Board shall discontinue the pension~ and further, the city shall, subject to budget and qualification of the member for the position, offer the member a position wi th the ci ty as a police !! officer or firefighter. :1 (b) If a member shall resume his employment ,I with the city, as a police officer or firefighter, then he may pay ;1 into the fund an amount equal to the aggregate contributions plus !I interest at a rate to be determined by the Board (computed upon his annual earnings at the time of his disability retirement) he !I would have been required to make hereunder, as determined by the !I Board, during the period of his disability retirement had he not II been retired, and shall thereupon tKat//~~~~t//;Kall receive I creditable service for the period of the disability retirement. In 'I any event, that member shall retain credit for the period of i i continuous service to the date of disability. :1 (11) Earned income. For purposes of this section, !i "EARNED INCOME" shall mean all wages, salaries, tips and other I employee compensation received by the member, plus the amount of' I the member's net earnings from self-employment for any tax year. 'I (D) Preretirement death. :1 !I I (1 ) Service incurred. A death benefit shall be ;1 payable on behalf of any member who dies as a direct result of an occurrence arising in the performance 0: service. These benefits are not to be limiting to other benefits available under state law. The benefits shall be payable as follows: (a) To the spouse, until the earlier of death or remarriage, a monthly benefit equal to fifty percent (50%) of the member's average monthly earnings~ or to a designated beneficiary or beneficiaries other than the spouse, until death, a monthly benefit equal to the actuarial equivalent of a lifetime benefit payable to the member if the amount of fifty percent (50%) of the member's average monthly earnings at date of death, plus (b) l. For each unmarried child until he or she shall have reached the age of eighteen (18) years, and for each unmarried child from age 18 until age 22 who is a full-time student in a fully accredited high school, college or university, there shall be paid in equal monthly installments, an amount equal to five percent (5%) of the average monthly earnings subject to an overall limitation of a total of sixty percent (60%) of average monthly earnings for the spouse and children combined. The nonstudent child's pension shall terminate on the earlier of death, marriage or the attainment of age 18; the pension of a child who is a student shall terminate on the earlier of death, marriage or the attainment of age 22. Legally adopted children shall be eligible the same as natural children. 2. Upon remarriage or death of the spouse, the five percent (5% ) child allowance shall be increased to ten percent (10%) for each child, not to exceed a combined total of thirty-five percent (35% ) of the member's average monthly earnings. The trusteeship and disbursements of the pension to any child shall be determined by the Board of Trustees. - 7 - Ord. No. 17-93 . . . -= ~ :1 (2) Nonservice incurred. If any member shall die Ii in active service from causes not attributable to active duty or II service, a death benefit shall be payable as follows: II (a) With less than one year of continuous service, a single sum amount of $2,500 to the member's spouse or I other designated beneficiary or beneficiaries, as the case may i be. I' .! (b) With one but less than five years of \1 continuous service, a single sum amount of $5,000 to the member's spouse or other designated beneficiary or beneficiaries, as the il case may be. 'I il (c) With five or more years of continuous ,I service: Ii Ii l. A single sum amount of $5,000 to the II member's spouse or other designated beneficiary or beneficiaries, as the case may be, plus :1 2. To the spouse until remarriage or death, in equal monthly payments, a pension equal to sixty-five percent (65%) of that member's accrued pension as of date of death" subject to a minimum of twenty percent (20%) of average monthly earnings: or to a designated beneficiary or beneficiaries other than the spouse, until death, a monthly benefit equal to the actuarial equivalent of a lifetime benefit payable to the member in the amount of sixty-five percent (65%) of such member's accrued pension as of date of death, plus 3. To the child of the deceased member, the same benefits as are payable by reason of service incurred death, subject however, to a maximum combined limitation of monthly payments to the spouse and children of fifty percent (50%) of average monthly earnings and thirty- five percent (35%) after remarriage or death of spouse. (3) In the event more than one beneficiary is designated by the member, the death benefits provided in this section shall be apportioned equally among the beneficiaries. (E) Vesting. (1) If a member terminates his employment with the Police or Fire Departments, either voluntarily or by lawful discharge, and is not eligible for any other benefits under this system, he shall be entitled to the following: (a) With less than ten years of continuous service, refund of member contributions. (b) With ten or more years of continuous service: I I 1. The pension benefit accrued to his date of termination, payable commencing on the date which would have been his earliest normal retirement date had he remained in employment, provided he does not elect to withdraw his member contributions, or 2. Refund of member contributions. - 8 - Ord. No. 17-93 . I :: (2) Any member of this system who, for whatever ,\ reason, has his employment with the city as a police officer or firefighter terminated, but who remains with or was previously employed by the city in some other capacity so that his total period of employment with the city is ten years or more, shall have all benefits accrued under this system preserved, provided he does not elect to withdraw his member contributions. These I accrued benefits shall be payable at his otherwise normal i retirement date, in accordance with the provisions of this " system. For purposes of determining normal retirement date under !I this vesting provision, continuous service shall include all :: continuous employment with the city as an employee as herein '.'1 defined as well as the period of time subsequent to termination . as a member of this system; however, benefits shall not be i payable under this system during any period of continued !I employment by the city. Upon the written election of the Police II Chief or Fire Chief shall be deemed terminated for the purpose of i applying the provisions of this system. A Police Chief or Fire :...1 Chief who terminates his participation in this system shall not thereafter be eligible to receive benefits through this system !i while actively employed by the city. !I (F) Application of section. The provisions set forth i herein shall be applicable to all current and future members of the .! plan, including members now receiving or who have applied for !I disability retirement benefits (except that these applicants and !i members receiving disability benefits shall not be subject to the " provisions set forth in division (C) (1), (2) or (4) of this section above, as well as the earned income benefit offsets otherwise provided for herein) . (G) Maximum benefits. A member may not receive a pension or disability benefit which exceeds the lesser of: (1) One hundred percent (100%) of the member's average compensation for the highest three consecutive years as a member in the pension fund; or (2) The maximum amount allowed under Section 415 of the Internal Revenue Code (increased to reflect the cost of living adjustment factor prescribed under Section 4l5(d) of the Internal Revenue Code), which is incorporated herein by reference. (H) Required payment of pension benefits. Pension benefits shall begin no later than April 1 of the calendar year following the calendar year in which the member retires, or in which the member attains age 70-1/2, even if the member has not filed a claim for pension benefits. In addition, payment of benefits shall be made in accordance with the applicable provisions of Section 40l(a) (9) of the Internal Revenue Code, which is incorporated herein by reference. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith be and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. - 9 - Ord. No. 17-93 -.. ' ,- -= = , i PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAY 0 R ATTEST: City Clerk First Reading Second Reading - 10 - Ord. No. 17-93 . . . MEMORANDUM . TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # /0< c; - MEETING OF FEBRUARY 9. 1993 ORDINANCE NO. 22-93 DATE: February 5, 1993 This is first reading of ordinance amending Appendix "A" , "Def ini tions" , of the Land Development Regula tions by adding definitions for the terms "Affected Party", "Aggrieved Party", and "Interested Party". As proposed, an "aggrieved" party can appeal an item to the City Commission; an "affected" party is given special consideration in a routine manner and is encouraged to participate in deliberations; and an "interested" party may participate in public hearings. While only an aggrieved party may file an appeal under Section 2.4.7(E), affected and/or interested parties may seek intervention of a City Commissioner to appeal an item. The Planning and Zoning Board at their January 28th special meeting recommended approval. The City Attorney's office questions the need for this ordinance and will answer any questions at the meeting. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 22-93 on first reading. f)~ & .:>jaa/'l3 5-0 - k c345 mEmo /rlmdJ f.O - . . . . C I T Y COM MIS S ION DOC U MEN TAT ION TO: ~ T. HARDEN, CITY MANAGER ! <.-vSiJ -U) Uc.o{. FROM: Ln~D J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF FEBRUARY 9, 1993 LOR TEXT AMENDMENT - DEFINITIONS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of an LDR Text Amendment. The changes are to the DEFINITIONS by the addition of the following: * Affected Party * Aggrieved Party * Interested Party BACKGROUND: Within the LDRs, the terms "interested", "affected", and "aggrieved" parties or individuals are used. In common usage, in administering the Growth Management Act, these terms have come to take specific meaning. In applying them in the day-to-day use of the LDRs there has been some confusion; thus, it is appropriate to provide specific definitions for these terms. Simply put, an "aggrieved" party can appeal an item to the City Commission; an "affected" party is given special consideration in a routine manner and is encouraged to participate in deliberations; and an "interested" party is left on their own to obtain information but they may participate in public hearings. While only an "aggrieved" party may file an appeal under Section 2.4.7(E), "affected" and/or "interested" parties may seek intervention of a City Commissioner to "appeal" an item. Individual City Commissioner's have such a right of appeal pursuant to the LDRs. TEXT CHANGES: The proposed definitions are to be added to APPENDIX "A", referenced by Section 1.4.5 Definitions. '" . City Commission Documentation LOR Text Amendment - Definitions Page 2 '.. AFFECTED PARTY: An individual who owns property, resides in, or owns or operates a business in the City of Delray Beach; or an entity which provides services within Delray Beach or in an adjacent municipality; who or which, may have property rights affected or its plan of operation affected by a rule, regulation, or land use action implemented through these LDRs. While an affected party shall receive special notice pursuant to Sections 2.4.2(B)(1)(m) and 2.4.2(C), an affected party does not have standing to file an appeal of any such action. AGGRIEVED PARTY: An individual who owns property, resides in, or owns or operates a business in the City of Delray Beach; or an entity which provides services within Delray Beach or in an adjacent municipality; who or which, may have property rights directly affected or its plan of operation directly altered. Such affect must be substantial and direct and must be demonstrable. Potentially aggrieved parties shall receive notice of potential actions in the same manner as provided for interested and affected parties. In the application of appeal procedures [Section 2.4.7(E)], an aggrieved party shall include the owner, or designated representative, of property which is the subject of a land use action. In addition, a party who proves direct and substantial adverse impacts of an action im~lementing these LDRs may be considered an aggrieved party. INTERESTED PARTY: An "interested party" is any person or entity who expresses an interest in any aspect of the creation or implementation of these LDRs. Notice requirements are provided only through general display of meeting agenda pursuant to Section 2.4.2(A). Any such person, or entity, may receive special notice when such a request is made in writing and is otherwise in compliance with the Administrative Rules of the City. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of January 25th, continued to January 28th, at which time it was forwarded with a recommendation of approval (4-0). RECOMMENDED ACTION: By motion, approval of this enacting ordinance on first reading. Attachment: * Ordinance by others DJK!CCPARTY.DOC . . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: LDR TEXT AMENDMENT RE DEFINITIONS FOR "INTERESTED", "AFFECTED", AND "AGGRIEVED" PARTIES ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the city Commission regarding a proposed change to the LDRs. The contemplated changes include definitions for "interested", "affected", and "aggrieved" parties. BACKGROUND: Within the LDRs, the terms "interested", "affected", and "aggrieved" parties or individuals are used. In common usage, in administering the Growth Management Act, these terms have come to take specific meaning. In applying them in the day-to-day use of the LDRs there has been some confusion; thus, it is appropriate to provide specific definitions for these terms. TEXT CHANGES: The proposed definitions are to be added to APPENDIX "A", referenced by Section 1.4.5 Definitions. AFFECTED PARTY: An individual who owns property, resides in, or owns or operates a business in the City of Delray Beach; or an entity which provides services within Delray Beach or in an adjacent; who or which, may have property rights affected or its plan of operation affected by a rule, regulation, or land use action implemented through these LDRs. While an affected party shall receive special notice pursuant to Sections 2.4.2(B)(1)(m) and 2.4.2(C), an affected party does not have standing to file an appeal of any such action. AGGRIEVED PARTY: An individual who owns property, resides in, or owns or operates a business in the City of De1ray Beach; or an entity which provides services within Delray Beach or in an adjacent; who or which, may have property rights directly affected or its plan of operation directly altered. Such affect must be substantial and direct and must be demonstrable. Potentially aggrieved parties shall received notice of potential actions is the same manner as provided for interested and affected parties. In the application of appeal procedures [Section 2.4.7(E), an aggrieved party shall include the owner, or designated representative, of property which is the subject of a land use action. In addition, a party who proves direct and substantial adverse impacts of an action implementing these LDRs may be considered an aggrieved party. ITEM: II.C.12 . P&~ Staff Report :~ .::, .~ I LOR Text Amendment Re Definitions for "Interested", "Affected", and "Aggrieved" Parties Page 2 - INTERESTED PARTY: An "interested party" is any person or entity who expresses an interest in any aspect of the creation or implementation of these LDRs. Notice requirements are provided only through general display of meeting agenda pursuant to Section 2.4.2(A). Any such person, or entity, may receive special notice when such a request is made in writing and is other in compliance with the Administrative Rules of the City. ANALYSIS: Simply put, an "aggrieved" party can appeal an item to the City Commission; an "affected" party is given special consideration in a routine manner and is encouraged to participate in deliberations; and "interested" party is left on their own to obtain information but they may participate in public hearings. While only an "aggrieved" party may file an appeal under Section 2.4.7(E), "affected" and/or "interested" parties may seek intervention of a City Commission to "appeal" an item. Individual City Commissioner's have such a right of appeal pursuant to the LDRs. RECOMMENDED ACTION: By motion, forward a recommendation that the proposed definitions be ad~~ ~he LORs. Report prepared by: )0..-/1 j ~U(J~ DJK/T:PZDEF.DOC . ORDINANCE NO. 22-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING APPENDIX "A", "DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING DEFINITIONS FOR THE TERMS "AFFECTED PARTY" , "AGGRIEVED PARTY" , AND "INTERESTED PARTY" ; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of January 28, 1993, and has forwarded the change with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. , I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: I Section 1. That Appendix "A", "Definitions", as referred I to in Section 1.4,5, "Definitions", of Article 1.4, "Interpretation, I Enforcement, And Penalties", of Chapter 1, "General Provisions", of I the Land Development Regulations of the Code of Ordinances of the :1 City of Delray Beach, Florida, be, and the same is hereby amended by the addition of the following definitions: 11 AFFECTED PARTY: An individual who owns property, resides ;1 in, or owns or operates a business in the City of Delray I, Beach; or an entity which provides services within De1ray II Beach or in an adjacent municipality; who or which, may I have property rights affected or its plan of operation I affected by a rule, regulation, or land use action implemented through these LDRs. While an affected party I shall receive special notice pursuant to Sections 2.4.2 (B) (1) (m) and 2.4.2(C), an affected party does not have standing to file an appeal of any such action. AGGRIEVED PARTY: An individual who owns property, resides in, or owns or operates a business in the City of De1ray Beach; or an entity which provides services within Delray Beach or in an adjacent municipality; who or which may have property rights directly affected or its plan of operation directly altered. Such affect must be substantial and direct and must be demonstrable. Potentially aggrieved parties shall receive notice of potential actions in the same manner as provided for interested and affected parties. In the application of appeal procedures [Section 2.4.7(E)], an aggrieved party shall include the owner, or designated representative, of property which is the subject of a land use action. In addition, a party who proves direct and substantial adverse impacts of an action implementing these LDRs may be considered an aggrieved party. INTERESTED PARTY: An "interested party" is any person or entity who expresses an interest in any aspect of the creation or implementation of these LDRs. Notice requirements are provided only through general display of meeting agenda pursuant to Section 2.4.2 (A) . Any such person, or entity, may receive special notice when such a request is made in writing and is otherwise in compliance with the Administrative Rules of the City. , /I '-'" : l = Section 2. That should any section or provision of this II ordinance or any portion thereof, any paragraph, sentence or word be , declared by a court of competent jurisdiction to be invalid, such i decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. I 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 I reading on this the day 0 f , 1993. MAY 0 R ATTEST: City Clerk I First Reading !I Second Reading , i I I 'I II II II ii , " :! !I " !I - 2 - Ord. No. 22-93 " [IT' DF DELHA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278,4755 Wr~t_r'. D~r_at L~n_ (407) 243-7090 MEMORANDUM Date: February 9, 1993 To: City Commission From: Jeffrey S. Kurtz, City Attorney Subject: LDR Text Amendments Regarding Definitions of "Aqqrieved", "Affected" and "Interested" Parties Our office would recommend that the proposed ordinance regarding definitions for "aggrieved", "interested", and "affected" parties not go forward. state statutes and Florida case law provide adequate guidance and requirements for defining the categories of potential parties. For instance, Section 163.3215, F.S., defines "aggrieved parties" and "adversely affected parties" for comprehensive plan purposes. The de f'1R.iti on limits the range of "aggrieved" or "adversely affected" parties to only those who are going to suffer adverse impacts inconsistent with the comprehensive plan. If the City were to adopt its own definition as to who is an "aggrieved" or "affected" party a conflict would exist between the City's codes and the current statute and case law. This would result in the City not being able to rely on the current case law which properly limits the rights of individuals to challenge certain actions taken by the local government. From our perspective, it is best that the City is able to confidently rely on the state decisions in applying the defini- tion regarding "aggrieved parties" and "affected parties". Regarding the definition for "interested" party, this term is commonly used in Florida case law in land use cases. The term "interested" arises in cases where parties attempt to intervene into a lawsuit in order to protect a substantially affected interest. The parties, once allowed to intervene are often called interested or affected parties. It appears that the purpose of the "interested party" defini- tion is to provide a different level for mailing notices concerning certain items. Rather than adopt terms that are already well defined in case law and statutes, it seems that , the better course of action would be to simply state who is entitled to notice without labelling them as "affected" or "interested" parties. This will obtain the desired affect without broadening the potential appellate rights beyond what presently exists. Furthermore, it appears that the LDR's are clear as to only allowing aggrieved parties to file appeals. This limitation on appellate rights is reasonable, and appears to be working properly. If someone desires to have notice of an item, they may ask for it or it will be sent pursuant to our existing codes. Adding these definitions will only cause the city to find itself at sometime not complying and providing an individual with a cause of action it would not normally have. Therefore, it is this office's recommendation that this ordinance not be passed on first reading. DNT:sh cc: David Harden, city Manager David Kovacs, Director of Planning and Zoning ldr-l. dnt -- '. . i . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM i I:L-H - MEETING OF FEBRUARY 9. 1993 ORDINANCE NO. 23-93 DATE: February 5, 1993 At the time the agenda was complete, staff was still preparing this ordinance. It is anticipated that it will be delivered to you prior to Tuesday evening's meeting. f~ ,s1" ~ (JYJ r9-</9 / q 3 6-0 odf::L PUA ~a!i~ ~ eJ.-1,o/93, . ~ ~ (YY) dlL A..U;,'eu) ~ ~ ~~ I c, tJ /I 5 E.U ie.f:;.. & (:},e() PvU\ tm ~/lllq3 h o-fLf. 16 (5n ~ J ~~ ~, W P,${)(J"/ A-OtJ~ S~ /l;t= J PH - . . ORDINANCE NO. 23-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.002, "APPLICATION; EXCLUSIONS", PROVIDING CLARIFICATIONS AND EXCLUSIONS CONCERNING EMPLOYEES COVERED BY THE ACT; BY AMENDING SECTION 35.007, "FIXING PAY AND GRADE THROUGH BUDGETARY PROCESS", PROVIDING FOR MERIT-BASED RETENTION AND RECALL OF EMPLOYEES DURING AND AFTER REDUCTIONS IN FORCE; BY AMENDING SECTION 35.009, "APPEAL; HEARING; PROCEDURE", PROVIDING CLARIFICATION THAT MATTERS WHICH ARE NOT DISCIPLINARY ACTIONS ARE NOT APPEALABLE TO THE CIVIL SERVICE BOARD; BY REPEALING SECTION 35.014, "RETAINMENT OF RANK, GRADE AND SENIORITY; REDUCTION OF NUMBER IN GRADE", PROVIDING A REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. Section 1. That Section 35.002, "Application; Exclusions", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 35.002 APPLICATION; EXCLUSIONS (A) All persons regularly employed by thJ municipality in any department shall be construed to come within the provisions of this subchapter, except as otherwise provided in this Act. deparemene head!! - who - are - employed - 1!!I11bl!!leql1ene - ~o - ehe - daee - ehfl!!l - 1!!I11behapeer beeome!! - law. This subchapter shall not include any officer or person employed for temporary duty only; nor shall it include employees covered under the terms of a collective bargaining agreement, or expired collective bargaining agreement which is subject to renegotiation unless otherwise expressly provided in this subchapter or in the code of rules and regulations or in the collective bargaining agreement. (B) The provisions of this subchapter shall not apply to those persons appointed by the City Commission or to any assistant city manaqer, department head, assistant department head, police major, or such other key employees as may be desiqnated by resolution of the City Commission. Section 2. That Section 35.007, "Fixing Pay and Grade Through Budgetary Process", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 35.007 FIXING PAY AND GRADE THROUGH BUDGETARY PROCESS. tAt The City Commission governfng---al1~horf~y---of---ehe ml1nieipaliey shall fix the pay. of all employees, shall fix the number of positions memberl!!l in each particular classification grade and may increase or reduce the number of positions in any classification grade, or may abolish that classification grade, through the budgetary process. The City Manager may vary the number of positions employeel!!l in any classification grade during the budget year to meet city requirements. tBt In the event of a reduction in the number of positions in member!!-of any classification grade, the employees member!! shall be retained in the positions remaining . within that classification grade according to merit, as determined by the City Manaqer. Any such determination by the City Manaqer shall be final and shall not be sub1ect to appeal or 1udicial review. Employees who are not retained shall be laid off. Laid off employees shall receive no payor benefits durinq any period in which they are laid off. 8en~or~ty;-and-tho8e-members-th~s-be~ng forced-back-to-a-lower-grade,-w~ll-thereafter-rece~ve-the-~ay-of-the lower-grade. In the event the number of positions in a particular classification grade is, within one (1) year followinq a reduction, dga~n increased, former employees shall be qiven an opportunity for recall to their previous positions in inverse order to the order in which they were laid off, those - members - forced - back - as - aforesa~d shall- be - first - to - s~cceed - to - that - grade - dccord~ng - to - sen~ority, without further examination or probationary period. Laid off employees who are notified of an opportunity for recall and who respond affirmatively in writinq to such notification within ten (10) calendar days followinq the date the notification is sent, shall be reinstated to their previous position with no loss in seniority. However, laid off employees shall not accrue seniority durinq any period in which they are laid off. fet--!n-~he-e~en~-a-reduc~ion-in-~he-force-of-dny-grade-~hereof ea~ses - a - member - of - the - lowes~ - grade - of - that - force - to - go - ~nto ~nae~ive-d~ty,-that-member-on-inaetive-d~ty-shall-no~-receive-any pay,-bu~-~he-inaetive-member-shall-not-io8e-hi8-senior~ty,-~rov~ded he-remains-inac~ive-for-a-period-not-to-exceed-on-yedr,-and-enters on-ae~iVe-dtl~y-Wi~hin-ten-daY8-after-notiee-his-been-g~ven-h~m-by ~he-e~~y-Manager-that-a-posit~on-~s-open. fBt--Af~er--~he--forma~ion--of--the--eivil--Serv~ce--Board,--a seniori~y-lis~-shall-be-eertified-of-all-em~loyees-and-the-em~loyees shall-in-wri~ing-assen~-or-dissen~-to-his-sen~ority-rating.--fn-the even~ - an - employee - or - member - dissen~s - to - h~s - seniority - ra~ing, - a hear~ng-shail-be-heid-by-~he-Board-and-the-8enior~ty-determ~ned,-and ~he-findings-of-~he-Board-shall-be-finai. Section 3. That Section 35.009, "Appeal; Hearing; Procedure", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 35.009. APPEAL; HEARING; PROCEDURE. (A) An employee who for reason of discipline has been discharged, demoted, or suspended without pay for a period in excess of seven calendar days may appeal to the Civil Service Board for a hearing wi thin ten calendar days from the time he was served with notice of discharge, demotion, or suspension without pay (as above referred to) , as shown by that notice. In the case of discharge, the hearing shall be held within 90 days, but not sooner than 60 days, from the date that an appeal shall have been so filed with the Civil Service Board. In the cases of demotion and suspension without pay for a period in excess of seven calendar days, the hearing shall be held wi thin 30 days from the date that an appeal shall have been so filed with the Board. Hearing dates in all appeals may be extended if mutually agreed to by the employee, the city, and the Board. Written notice shall be given to the person so removed, demoted, or suspended and to the head of the proper department of the time and place of hearing the appeal, which hearing shall be open to the public. 2 ORD. NO. 23-93 . I (B) In instances of proper and timely appeals by employees to the Civil Service Board regarding disciplinary matters, pursuant to division (A) of this subchapter, the following procedures shall be applicable. Matters which the city manager formally states are not disciplinary actions, although such mattes may involve certain personnel actions, including terminations for failure to have or maintain job qualifications and requirements, shall not be appealable to the Civil Service Board. Only disciplinary matters, where so identified by the city manager, of terminations, demotions, and suspensions without pay in excess of seven calendar days are appealable to the Civil Service Board. ( 1 ) Functions of Board, Counsel. The Civil Service Board shall hear all appropriate appeals, and shall make all findings of fact necessary to resolve such appeals.,-in-hearings-of-a~~eals-of diseharged-employees,-shaii-fttne~ion-as-a-jttry-in-eivii-li~iga~ion, wi~h - a - Board - eottnsei - seiee~ed - ~o - fttne~ion - as - a - ;ttdge - in - eivii ii~iga~ion7--AB-~he-~rier-of-fae~,-~he-Board-shaii-make-findings-of fae~-whieh-shaii-be-redtteed-~o-wri~~en-form-by-~he-Board-cottnsei7 tzt--~he-Board-aB-a-body-oniy-shaii-eondtte~-hearings-of appeais-of-demo~ed-empioyees-and-of-appeais-of-empioyees-sttspended wi~hott~-pay-for-a-period-in-exeess-of-Beven-eaiendar-days7--Wi~h-~he eonsen~ - of - ~he - governing - att~hori~y, - ~he - Board - may, - or - where - bo~h par~ies - ;oin~iy - reqttes~ - stteh, - ~he - Board - shaii - tt~iiiz:e - ~he'- Board eettn.ei-ferm.t-in-the-demetien-.nd-.tt.pen'ien~ppe.i-e..e'T-in-the same - manner - as - provided - herein - in - hearing - ases - of - ap~eais - by diseharged-empioyees7--However,-a~-aii-mee~ing -and-hearings-of-~he Board,-~he-€hairperson-of-~he-Board-shail-con~intte-~o-ac~-as-~he presiding-offieer-~o-preside-over-~he-eondttc~-and-se~~ing-of-~hose mee~ings-and-hearings. ill t3t if - ~he - Board - eottnsel - forma~ - is - no~ - tt~ilized, - ~he Board-may- reqttes~- ~ha~- ~he- ei~y-eommission- a~poin~- ancl- re~ain- an a~~orney-a~-iaw-~o-provide-iegai-aclviee-~o-~he-Board-a~-hearings-of appeals-oniy. A Board counsel shall be appointed seiee~ecl by the City Commission. a - drawing - c:onclttc:~ecl - by - the - eity - elerk, - or - a designa~ed-assi8~an~-€i~y-€lerk,-herein-referred-to-as-~he-~ierk. ~he-ei~y-Manager,-on-behaif-of-~he-eity,-8haii-sttbmit-~o-the-eierk names - of - ~wo - qttai i f ied - lawyers - and - their - res~eetive - acldresses - in 8epara~e--seaied--enveiope8;--and--~he--€ivii--Serviee--Boarcl--8hall iikewise-8ttbmit-~he-names-of-two-qttalifiecl-lawyers.--The-names-mttst be-sttbmitted-within-ten-daY8-from-the-clate-an-ap~eai-is-fiiecl-with the-Boarcl.--~he-drawing-shaii-be-heicl-on-the-next-regttiar-bttsines8 day-after-the-expira~fon-of-the-ten-day-periocl. t4t--The-fottr-enveio~e8-containing-the-fottr-names-8haii-be piaeed-in-a-reeep~aeie-by-the-elerk-and-re~ainecl-in-his-C:tts~ocly. ~he-eierk-shali-no~ify-the-ehairperson-of-the-eivii-Serviee-Boarcl and-~he-ei~y-Manager-of-~he-~ime-of-the-clrawing-so-~hat-eaeh-may,-if ~hey-so-desire,-have-a-repre8entative-~resent.--~he-eierk-shaii-clraw fOttr-name8-and-de8igna~e-the-order-in-whieh-~he-names-are-drawn. ~he-firs~-name-drawn-shaii-be-the-Board-eottnsel,-ancl-~he-order-of ~he-o~her-names-drawn-wiil-indiea~e-~he-order-of-stteees8ion-of-~he Board-eottn8eis-if-~heir-predeee8sors-are-ttnabie-~o-serve. tSt--if - either - ~he - ei~y - Manager - or - the - Boarcl- fails - to sttbmi~-names-wi~hin-~he-~en-day-~ime-period,-~he-eierk-8haii-~roc:eed ~o-draw-~he-~wo-nameS-8ttbmit~ed;-and-~he-firs~-name-drawn-shaii-be ~he-Board-eounseI-and-~he-8eeond-name-nis-stteeeS8or. 3 ORO. NO. 23-93 , . t6t Whenever - t:he - Board - counfJel - format: - is- ut:ilized, - t:he Board - counsel - shall - funet:ion - as - a - judge - in - civil - lit:igat:ion - in eonduct:ing - hearings - of - appeals - t:o - t:he - eivil - Service - Board - of discharged-employees. The Board counsel must be a member of the state bar in good standing for the preceding five years. The Board counsel shall rule upon admission of evidence and all other questions of law. ~he-Board-eounsel-shall-also-rule-upon-quest:ions of-confliet:-of-int:erest:-and-on-mot:ions-t:o-disqualify-members-of-t:he eivil - Service - from - serving - on - t:hat: - Board - during - a - part:ieular hearing.--~he-Board-eounsel-shall-provide-inst:ruct:ions-t:o-t:he-eivil Service--Board--prior--t:o--it:s--makinq--findinqs--of--fact:,--which inst:ruct:ions-shall-be-similar-t:o-jury-inst:ruct:ions-ut:ilized-in-eivil lit:igat:ion. - -~he-eivil - Serviee-Board-shall-follow-and-abide-'by- t:he Board-counsel~s-rulinqs-on-all-quest:ions-of-law,-includinq-but:-not: limit:ed - t:o - his - inst:ruet:ions, - his - rulinqs - on - confliet: - of - int:erest: quest:ions-and-on-mot:ions-t:o-disqualify-a-member-of-t:he-eivil-Service Board-from-serving-in-a-part:ieular-ease. t1t ft:-is-t:he-int:ent:-of-t:his-subchapt:er-t:hat:-t:he-Board counsel - and - t:he - eiv:H - Service - Board - twhen - act:ing - t:oqet:hert - shal 1 respect:ively-funet:ion-in-t:he-capacit:ies-of-judge-and-jury,-as-t:he judge-and-jury-would-funet:ion-in-eivil-litigation.--However,-dttring t:he-eourse-of-an-appeal-t:he-Board-eottnsel-shall,-to-the-extent:-he deems - compat:ible - wit:h - due - proeess- and - fairness, - fttlly- iJ'lform - t:he Board-of-all-mat:t:ers-pertaining-to-the-appeal-aJ'ld-heariJ'lg. ill tizt Prehearinq Procedures. fn-t:he-iase-of-an-appeal-of an - employee~s - diseharge, - e~ach party must dvise the other in writing within 30 days from the date the appeal was filed with the Board, who their witnesses will be and the addresses of those witnesses. In other appeal cases each party must advise the other party in writing of their witnesses and their addresses within ten days from the date the appeal was filed with the Board. Failure to so notify the opposing party of the names and addresses of the other party's witnesses, when requested to do so in writing, shall entitle the deprived party to a reasonable continuance, or the undisclosed witnesses will be disqualified from testifying, as determined by the Board counsel~, - or - by - t:he - Board - when - no - Board - counsel - is - used. Copies of all documentary evidence and exhibits shall be made available to the opposing party when prepared and not later than ten days prior to the hearing, along with the opportunity to examine the originals. Failure to timely furnish those copies, with the opportunity to examine the originals, shall entitle the deprived party to a reasonable continuance, or documentary evidence and exhibits shall be excluded from the evidence, as determined by the Board counselor by the Board when no Board counsel is used. ti3t When appropriate a A party shall be permitted to conduct cross-examination when testimony is taken or documents are made a part of the record. ill tat Hearing Procedures and Orders. The Civil Service Board shall hear the evidence upon the charges and specifications as filed with the Board by the City Manger. No material amendment of, or addition to those charges of specifications will be considered by the Board counselor the Board. The proceedings shall be as informal as is compatible with justice. At least ten calendar days prior to any hearing, the parties shall submit to t:he-civil-serviee-board,-or-t:o the board counsel only - where - such - format: - is - used, a joint prehearing stipulation, 4 ORD. NO. 23-93 . which shall contain a record of the case documents leading up to the subject appeal, a brief statement of the agreed facts, and a statement of the disputed and anticipated factual and legal issues to be determined during the course of the hearing. When-t:he-board eounsel-format:-ie-ut:ilized,-t:The board counsel shall provide to the Civil Service Board all portions of such prehearing stipulation and attachments as the board counsel deems advisable and is compatible with due process. t9t The order of proof at all hearings shall be as follows: The City Manager or his designee shall present his or her evidence in support of the charges aJ'ld-speeifieatioJ'ls. The appellant shall then produce any evidence as he or she may wish to offer in his or her defense. The parties in interest may then offer rebuttal evidence. The Board counsel and the Board shall hear opening statements and closing arguments, when same are requested by either of the parties. tiSt fn--all--hearinqs,--ilrrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not the evidence would be admissible in a trial in the courts of the state. Any part of the evidence may be received in written form, and all testimony of parties and witnesses shall be made under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be $ufficient in itself to support a finding unless it would be admissi~le over objection in civil actions. tiit The Board counsel or- t.he- Board, - by- H~s - ehairperson, - in hearings -where - no - Board - counsel - is- used, shall have the power to swear witnesses and take their testimony under oath, to issue subpoenas upon the written request of any party or upon said counsel's his own motion, and to effect discovery which shall be permitted on the written request of any party by any means available to the courts and in the manner provided in the Florida Rules of Civil Procedure, except where otherwise modified by this subchapter. Motions to shorten the time for responding to a discovery re~uest shall be liberally granted by the Board counsel,-or-by-t:he-Board when-no-Board-eouneel-ie-used. ti6t After the hearing of the appeal, when-a-Board-eounsel-ie used, the Board counsel shall submit to the Board his instructions, conclusions of law, and rulings on any questions of law presented by the parties, as well as his legal interpretation of the code of rules and regulations as the same may apply to the particular case. The Board counsel may make a submittal to the Board at the conclusion of the hearing or at a later time agreeable to the Board counsel and the Board. Where - t:he - board - eounsel - formal - is - not: ut:ilized,-t:he-part:iee-may-submit:-propoeed-inBt:r~ct:ione-and-request:e for-ot:her-rulinge-direet:ly-t:o-t:he-eivil-Serviee-Board. All decisions of the Civil Service Board shall be by simple majority vote. ti~t. ~he-Board-will-t:hen-render-its-final-deeision-in-t.he-form of-a-final-order. The final order of the Board shall be in writing and include findings of fact t:he-civil-serviee-board~s,-or the board counsel's where-euch-format.-is-~sed, conclusions of law separately stated, and it shall be rendered within 30 days after the last day 5 ORD. NO. 23-93 . of the hearing or receipt of transcript, if applicable, whichever is later. The final order shall be prepared by the board counsel. If a party submitted proposed findings of fact or filed any written application or other request in connection with the hearing, the order shall include a ruling upon each proposed finding and a brief statement of the grounds for denying the application or request. The order shall also contain a finding relative to the degree of severity of the discipline which has been imposed, which shall be binding-exeept:-in-inet:aneee-where-a-Board-eounsel-is-ueed,-in-which eaee-t:he-finding-ehall-be advisory only to the Board counsel. tiat The above-described Board's final order relating to the hearing of appeals of suspensions without pay for more than seven calendar days and demotions shall be rendered within 30 days after the last day of the hearing or receipt of transcript, if applicable, whichever is later. ti9t The 30-day period as it relates to the rendering of the final written order in employee discharge appeal cases and the Board's final order in employee discharge appeal cases and the Board's final order in employee suspension and demotion appeal cases, as referred to above, may be waived or extended with the consent of all parties. tzSt Parties shall be notified either personally or by mail of any order, and, unless waived, a copy of the final order shall be delivered or mailed to each party or to his att~ney of record. ill ti4t Supplemental Procedures. Any person subject to a subpoena or order directing discovery may, before compliance and on timely petition, request the Board counsel or-the-Board,-if-there-is no - Board - eouneel - hearing - t:he - subjeet: - appeal, to invalidate the subpoena or order on the ground that it was not lawfully issued, is unreasonably broad in scope, or requires the production of irrelevant material. tist A party may seek enforcement of a subpoena or order directing discovery issued under the authority of this subchapter, by filing a petition for enforcement in the circuit court of the judicial circuit wherein the person failing to comply with the subpoena or order resides. A failure to comply with an order of the court shall result in a finding of contempt of court. However, no person shall be in contempt while the subpoena or order is being challenged as provided in division (B)(14) of this section. Section 4. That Section 35.014, "Retainment of Rank, Grade, and Seniority; Reduction of Number in Grade," of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed. Section 5. That all ordinances or parts of ordinances which are in conflict herewith be and the same are hereby repealed. Section 6 . That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid such decision shall not effect the validity of the remainder hereof as a whole part thereof other than the part declared to be invalid. Section 7. That this ordinance shall become effective upon its approval by referendum election to be held within one year of its passage on second and final reading. 6 ORD. NO. 23-93 , . PASSED AND ADOPTED in regular s~ssion on second and final reading on this the day of , 1993. MAYOR ATTEST: City Clerk First Reading Second Reading / 7 ORD. NO. 23-93 ,. . . '~/~ mo ~~ (!// cfh(JUJI1.- /J.- ~ y/..J.. IN THE CIRCUIT COURT OF THE J.PUfl ,. ~- : ~ Act FIFTEENTH JUDICIAL CIRCUIT IN ,;.. ~. AND FOR PALM BEACH COUNTY, ~ FLORIDA. CASE NO. CL ..92-8469 AB CITY OF DELRAY BEACH, j FLORIDA, (\ Plaintiff, it VS. F1 (i'e/' .9--e/ JOE BARNES, et al., l:)C Defendants. / AMENDED ORDER AWARDING COSTS AND ATTORNEY'S FEES THIS MATTER was heard before this Court on January 8, 1993 on . the Defendants', ISIAH BARNES, MOSE BONDS, LIZZIE BONDS, MARY PASCHALL (HOWARD BARR), OLIVER N. CLARK, ROBERTA GARLAND, JULIUS NOBLES, LAURA NOBLES, and AUDREY STEVENS owners of Parcels A, B, E, F, G, H, I and K, Motion to Tax Costs and Attorney's Fees in the --------- above-captioned matter and upon hearing argument of counsel, testimony by an expert witness on behalf of the Defendants, and testimony by Michael D. Brown, Esquire, the attorn~y who litigated this matter on behalf of the Defendants, this court finds as follows: I. Jones, Foster, Johnston & Stubbs, P.A., and Michael D. Brown, P.A. entered into agreements to provide legal representation to the above-referenced Defendants as a result of a condemnation action filed by the City of Delray Beach on or about August 17, 1992. 2. The Court considered the relevant guidelines for the award of costs and attorney's fees as set forth in Florida Statute (------. f" 1 ...-- .... ',. 1 " " ,. r ..' . I . . , . \ I r I r'" . .. "', 1 ;' I,' " ",I: :;", i r' j (,J ! :",,: \ , "',' I '. j 1 " I Ii: I - -- I " ,-,"" - . r :. ~ ) 1 . , . , 73.092; Lee County v. Tohari, 582 So.2d 104 (Fla. 2nd DCA 1991); Florida Patients Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985); Dade County v. Briqham, 47 So.2d 602 (Fla. 1950), and makes the following findings based upon the pleadings, evidence in the record, and testimony presented at the hearing: a. Benefit to the client. The Court is aware that pursuant to Florida Statute 73.092 that In assessing attorney's fees In eminent domain proceedings the Court shall give the greatest weight to the benefits resulting to the clients from the services rendered. The Plaintiff filed a statutory "good faith" offer to the Defendants on August 17, 1992 in the amount of $149,000.00. Through the Defendants attorney's efforts, the Plaintiff eventually settled with the Defendants for $247,500.00, representing a benefit of $IOa,OOO.oO. Testimony at the fee hearing also disclosed that the Defendants' negotiated and obtained other non-monetary benefits for the Defendants who resided on the subject property valued at approximately $36;. 710. 00. Those non- monetary benefits include, but are not limited to the following: the Plaintiff is obligated to pay ~ Defendants' moving expenses; the Plaintiff is obligated to pay all storage costs for the Defendants for up to six months; the Plaintiff is obligated to pay all pre-occupancy clean-up costs incurred by the Defendants as a result of moving into another home; the Plaintiff is obligated to provide the Defendants at least two tickets to the first major tennis event held at the stadium; as it relates to the Defendant, Roberta Garland, the Plaintiff agreed to provide the Defendant with a lot and to provide primary assistance to the Defendant for the construction of a new home through sponsorship with a non-profit organization, the costs of which will be paid for out of the proceeds of the condemnation proceeding; the Plaintiff agreed to waive all liens which had accrued against the subject properties prior to the filing of the condemnation action; as it relates to the Defendant, Nobles, the Plaintiff agreed to waive all objections to Mrs. Nobles conducting her Beauty Parlor business out of her residence at her new home in the event that Mr. and Mrs. Nobles relocated to a residence which was located in an area which prohibited such a business, 2 . . notwithstanding any zoning or land use code prohibitions. At the time that the Plaintiff filed this action Mrs. Nobles was lawfully operating her business out of her home under a zoning '.grandfather' s" clause. Testimony was presented at the hearing that the value of these non-monetary benefits was approximately $36,710.00 for a total benefit of $144,710.00. b. The time and labor required. The hours spent on this matter by Jones, Foster, Johnston & Stubbs, P.A. (including paralegal time) and Michael D. Brown, P.A., are set forth in Defendants' Motion and Composite Exhibit "A"; which was introduced into the record at the hearing on this matter. The Defendant's expert witness, Paul R. Golis, testified that 220.81 hours were reasonably expended in the litigation and that the reasonable hourly rate for Michael D. Brown, Esquire, John M. LeRoux, Esquire, Pam A. McNierney, Esquire, is the sum of $175.00 per hour, for a total lodestar fee of $38,641.75 through November 23, 1992. This lodestar amount did not include the time spent by Michael D. Brown, P.A., in the continued representation of the Defendants in proce"edings which developed as a result of this condemnation proceeding. c. lroveltv and difficulty of the questions. This case presented - novel questions of law. The Plaintiff filed this action on August 17, 1992. The Plaintiff set an Order of Taking hearing for October 6, 1992, and thus, less than forty-nine days elapsed between the time that Plaintiff filed this action and the time that Plaintiff sought to take possession of the Defendants' property. Paul R. Golis, Esquire, the attorney who testified as an expert witness on behalf of the Defendants' at the fee hearing, testified that in more than 7 years of litigating eminent domain cases on behalf of the Department of Transportation, the Palm Beach County Attorney's Office and in private practice, that he had never observed a condemning authority set an Order of Taking hearing less than forty-nine days after initiating the Petition, and that in considering the severe time constraints placed on the Defendants by the Plaintiff, that Defendants' attorney did an extraordinary job in achieving the results obtained. Throughout the proceedings in this matter, the City of Delray Beach readily admitted that it was under 3 . . tremendous time constraints in light of the fact that it had signed a contract to host a major tennis event at the tennis stadium, and that the stadium had to be completed by February of 1993. The contract was signed prior to the time that the City filed the Petition. The Defendants asserted by way of affirmative defenses, thati 1. Plaintiff abused its discretion by filing the Petition in that it had not determined that the taking of the Defendants' property was a public necessity; 2. That Plaintiff filed this action in bad faith in that the Defendants' property was located in a Community Redevelopment Agency district and that the Plaintiff had not conducted the necessary studies or research that would have enabled the Plaintiff to state in good faith that a public necessity existed to condemn the Defendants' property; 3. That since the Defendants' property was located in a CRA district, that the Plaintiff was not the proper agency, nor ~ proper 'party to file the eminent domain action; 4". That the Plaintiff did not conduct all statutory condition precedents pursuant to Florida Statute 73 et seq., 74 et. seq., and Florida Statute 163 et. seq., prior to filing the action; 5. That Plaintiff filed the action in violation of the Comprehensive Plan of the City of Delray Beach; 6. That Plaintiff's appraisals were prepared in bad faith in that the appraisals did not reflect the land use designation for the Defendants' property as stated in the Plaintiff's Comprehensive Plan; 7. That prl.or to filing this eminent domain action that the Plaintiff had filed a Quiet Title action against several Defendants pertaining to a 4 ., portion of the property that the Plaintiff needed to develop the proposed tennis center and that action had not been heard prior to the filing of the condemnation action; .' 8. The Defendants also filed an injunction against the Plaintiff pursuant to Florida Statute 163, by which the Defendants requested that the Court halt the development of the tennis center based upon the Defendants' allegations that the development of the tennis center was in violation of the Plaintiff's Comprehensive Plan. The Plaintiff settled with the Defendants prior to the time that a hearing was conducted on Defendants injunction. The Defendants' attorney testified that the case was further complicated by the fact that three of the Defendants whose property was subject to this eminent domain were elderly, and distrusting of the Plaintiff' based upon the Plaintiff's prior course o~alings with ,the Defendants. Furthermore due to the nature of the condemnation action, the Defendants were required to correspond or interact with several of Plaintiff's municipal agencies including the Community Redevelopment Agepcy, the Delray Beach Recreation Department, the Environmental Department of Delray Beach, the Planing Department of the City of Delray Beach, and the Zoning Department for the City of Delray Beach. The Defendants attorney also testified that Plaintiff filed a petition to rezone the Defendants' property and a petition seeking a variance on Defendants' property prior to the Order of Taking hearing. Had Plaintiff succeeded with these Petitions, Plaintiff would have rezoned and obtained variances on property that it did not own at a time when the Defendants questioned the legality and validity of 5 , . Plaintiff's eminent domain action. As a result of the Plaintiff's actions in attempting to rezone the property and its attempts to obtain a variance pertaining to the Defendants' property, it was necessary for the Defendants attorney to appear at the relevant administrative agency hearings and at the relevant Delray Beach City Commission hearings to oppose the Plaintiff's petitions. Paul Golis, Esquire, the Defendants' expert, testified that all of the above-referenced issues created novel and difficult legal questions in this eminent domain proceeding, and that based upon the issues-presented and the results obtained, that the Defendants attorney obtained excellent results for the Defendants. d. Skill requisite to perform the leqal services properly. The pleadings, discovery, and results speak for themselves and should be considered by the Court in connection with the skills required in this matter. Furthermore the Defendants' expert testified that in his 7 years of eminent domain experience, ------ this was the most unusual eminent domain proceeding that he had ever observed, and that the Defendants' attorney obtained excellent results in the case. e. Preclusion of other employment bv the attorney due to the acceptance of this case. 'l'he Defendants attorney, and the Defendants' expert testified that due to the unusual circumstances under which the Plaintiff initiated this eminent domain proceeding, that the enormous time constraints imposed upon the Defendants by Plaintiff, the number of complex issues involved in this case, and the fact that several of the Defendants were elderly and being dispossessed of their homesteads, caused the Defendants' attorney to expend an extraordinarily high amount of time on this case, thereby precluding him from working on other legal matters. 6 " ----, .~--_._-_...--- - .. k. Awards in similar cases. The Defendants' expert witness testified that in similar cases an attorney in an eminent domain action is entitled to an enhancement of his attorney's fees based upon the difficulty of the case involved and the results obtained. Defendants' expert testified that $56,000.00 is a reasonable fee for the legal services provided by Defendants' attorney. The Court is also aware that attorney's in eminent domain cases are frequently awarded fees based upon the results of obtained and the degree of difficulty of the case. 3. The Plaintiff did not present an expert to testify as to what it feit would be a reasonable attorney's fee award in this case, and nor did the Plaintiff present any testimony or evidence that the time spent or services performed by the Defendants' attorney in this matter were unreasonable or unnecessary. Based upon the fact that the Plaintiff did not present any evidence or testimony ~rtaining to the fees requested by the Defendants' attorney, the Court is entitled to place a greater weight on the unrefuted expert testimony presented by Paul Golis, Esquire, the Defendants' expert. The Plaintiff stated that it did not oppose the invoices submitted by Jenkins Appraisal, Inc. and Kilday & Associates, Inc. 4. This Court has considered the relationship between the amount of the fee awarded and the extent of success as required by Florida Patients Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985) and Lee County v. Tohari, 582 So.2d 104 (Fla. 2nd DCA 1991). Accordingly, this Court concludes that an award of $17,358.25 over and above the lodestar fee is appropriate based upon the monetary 8 " ~ - . and nonmonetary benefits obtained by counsel for the Defendant in this cause. The Court makes such finding based upon the Defendant's expert witness' analysis making the benefit obtained ..- for the respective clients a separate factor over and above the lodestar fee ln rendering an expert witness opinion as to an appropriate attorney's fee in this case. IT IS HEREBY ORDERED AND ADJUDGED: that the Petitioner pay Defendants' costs and attorney's fees as follows: A. $9,856.70 to Jenkins Appraisal, Inc. ; b. $276.00 to Kilday & Associates, Inc. ; c. $143.99 in costs to Michael D. Brown, P.A.; d. $4,096.02 in costs to Jones, Foster, Johnston & Stubbs, P.A.; e. $3,536.22 to the firm of Scott, Royce, et ale for the preparation and time spent by Defendants' expert, Paul Golis, Esquire; ---..-.. f. $56,000.00 to be paid jointly to Jones, Foster, Johnston & Stubbs, P.A., and Michael D. Brown, P.A. The above-referenced amounts are to be deposited by the Petitioner into the Registry of the Court, forthwith. It is further ADJUDGED that the Clerk of this Court shall draw a check payable jointly to Jones, Foster, Johnston & Stubbs, P.A. and Michael D. Brown, P.A., in payment of the costs and attorney's fees of the Defendants and shall deliver said check to Michael D. Brown, P.A. 9 , - j'(}/ DONE AND ORDERED in Palm Beach County, Florida this ____ day of /{g ~v 1993. ~- Copies Furnished To: MICHAEL D. BROWN, P.A., 2000 Palm Beac Blvd. , Suite 511, West Palm Beach, Florida 33409 WILLIAM P. DONEY, Esquire, Vance & Doney, P.A., 1615 Forum Place, Suite 200, Barristers Building, West Palm Beach, Florida 33401 ----- 10 ,