12-07-93 Regular
DRRAY BfAOi
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COMMISSION CHAMBERS
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1993
The City shall furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Please contact Doug
Randolph, (407) 243-7127, at least twenty-four (24) hours prior to the
program or activity in order for the City to reasonably accommodate
your request.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with
the order of presentation being as follows: City Staff, public
comments, Commissio~ discussion and official action. City Commission
meetings are business meetings and the right to limit discussion
rests with the Commission. Generally I remarks by an individual will
be limited to three minutes or less (10 minutes for group
presentations). The Mayor or presiding officer has discretion to
adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter
within the scope of jurisdiction of the Commission under this
section. The Commission may withhold comment or direct the City
Manager to take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed
items should sign in on the sheet located on the right side of the
dais. If you are not able to do so prior to the start of the
meeting, you may still address the Commission on an appropriate
item. The primary purpose of the sign-in sheet is to assist staff
with record keeping. Therefore, when you come up to the podium to
speak, please complete the sign-in sheet if you have not already done
so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state your name and address for the
record. All comments must be addressed to the Commission as a body
and not to individuals. Any person making impertinent or slanderous
remarks or who becomes boisterous while addressing the Commission
shall be barred by the presiding officer from speaking further to the
Commission unless permission to continue or again address the
Commission is granted by majority vote of the Commission members
present.
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. City Commission
Regular Meeting
12/7/93
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 November 23, 1993
6. Proclamations: None.
7. Presentations:
A. Site Plan Review and Appearance Board Recognition Awards
Program.
B. Suzanne Jacobs - "All America City"
G. Matt Gracey and Tina Dale - Florida Tennis Association
8. Consent Agenda: City Manager recommends approval.
A. TEMPORARY USE AGREEMENTS/PALM BEACH COUNTY: Authorize the
Mayor to execute two temporary use, agreements with Palm Beach
County for the use of Lake Ida Park, 200 West Atlantic Avenue and
32....52 S.W. 1st Avenue for parking during the Virginia Slims
Tennis Tournament.
B. ACCEPTANCE OF AN EASEMENT DEED: Accept an easement deed from
the Church of the Nazarene located at 6579 Country Wood Way for
the purpose of installing, operating and maintaining water and
sewer lines on the church property.
C. GRANTING OF EASEMENT DEEDS: Grant easement deeds to Florida
Power and Light for the installation of FPL utilities at the
Tennis Center, Fire Station No. 5, Central Fire Station, Veterans
Park and the Booster Master Pump Station.
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City Commission
Regular Meeting
12/7/93
D. FINAL PLAT/CHECKERS RESTAURANT: Approve the final boundary
plat for Checkers Restaurant located at 450 West Atlantic Avenue.
E. CHANGE ORDER NO. 1 AND REOUEST FOR FINAL PAYMENT/WIDELL
ASSOCIATES. INC. : Approve a deduct change order in the net amount
of $36,025.85 which extends the contract completion date by 108
days and a request for final payment in the amount of $37,683.58
from Widell Associates for completion of the Lift Station
Rehabilitation Project (Lift Station 19A, 20A and 23); with
funding from Water and Sewer Renewal and Replacement Lift Station
Conversion to Submersible (Account No. 442-5178-536-61.83).
F. ADDENDUM NO. 4 TO LEASE AGREEMENT WITH BUCKY DENT BASEBALL
SCHOOL: Approve an addendum to the lease agreement with Bucky
Dent Baseball School which provides for new responsibilities and
obligations regarding the maintenance of fields at Miller Park,
Currie Commons, and the construction of a ma j or league baseball
field and multi-purpose auxiliary field at Miller Park.
9. Regular Agenda:
A. STAND~RD AGREEMENTS/TEACHING TENNIS PROFESSIONALS: Approve a
standard agreement forms to be used to contract teaching tennis
professionals and authorize the City Manager to approve
individual agreements. City Manager recommends approval.
B. THIS ITEM WAS REMOVED FROM THE AGENDA.
C. RESOLUTION NO. 108-93: A resolution amending and restating
Resolution No. 98-93 which authorized the issuance of not to
exceed $610,000 in aggregate principal amount of Utility Tax
Revenue Notes pursuant to a line of credit made available through
Sun Bank to increase the aggregate principal amount to $810,000.
City Manager recommends approval.
D. THIS ITEM WAS REMOVED FROM THE AGENDA.
E. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint a
member to fill the unexpired term of Alan Armour to a term ending
July 1, 1994.
F. APPOINTMENT TO THE PUBLIC EMPLOYEE RELATIONS COMMITTEE:
Appoint a member to fill the expiring term of Armand Mouw to a
term ending January 29, 1998.
10. Public Hearings:
/A. ORDINANCE NO. 65-93/REOUEST FOR ADDITIONAL USE IN THE NC
(NEIGHBORHOOD COMMERCIAL) ZONE DISTRICT: An ordinance amending
Section 4.4.11, "Neighborhood Commercial (NC) District", of the
Land Development Regulations to provide for the display and sale
of lawn furniture, playground equipment, sheds and accessories as
a conditional use; to delete the dispensing of gasoline directly
to a vehicle as a conditional use; to delete veterinary offices
as a conditional use; to revise the maximum site area to two (2 )
acres; and to provide for a maximum floor area for single tenant
office or service uses and single principal uses. Concurrently,
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City Commission
Regular Meeting
12/7/93
consider a request for an additional use, "retail sale of
automotive parts without on-site installation thereof" in the NC
zone district.
/E. ORDINANCE NO. 71-93: An ordinance changing the Land Use Map
Designation in the Comprehensive Plan for property located at S.
Federal Highway and S.E. 5th Street (Mayfair Animal Hospital)
from Medium Density Residential to Transitional.
~C. ORDINANCE NO. 79-93: An ordinance rezoning property located
at the southeast corner of S. Federal Highway and S.E. 5th Street
(Mayfair Animal Hospital) from GC (General Commercial) to POD
(Professional and Office District) . Planning and Zoning Board
recommends approval.
VD. ORDINANCE NO. 76-93: An ordinance changing the Land Use Map
Designation for property located on the north side of West
Atlantic Avenue (Hitching Post and Hamlet Shops) from General
Commercial to Transitional. Planning and Zoning Board recommends
approval.
~. ORDINANCE NO. 77-93: An ordinance rezoning property located
on the east side of Dixie Highway, approximately 295 feet south
of Linton Boulevard (Delray Lincoln Mercury) from PC (Planned
Commercial) zone district to AC (Automotive Commercial) zone
district. Planning and Zoning Board recommends approval, subject I
to conditions. ,
F. TRANSFER OF CITY OWNED PROPERTY TO HABITAT FOR HUMANITY:
Authorize the transfer of City owned property at 222 N.W. 5th
Avenue to Habitat for Humanity.
/G. ORDINANCE NO. 78-93: An ordinance amending the Code of
Ordinances with respect to the General Employees Retirement
Plan. City Manager recommends approval.
/H. ORDINANCE NO. 67-93: An ordinance changing the Land Use
Map Designation in the Comprehensive Plan for property located on
the west ,side of N.E. 9th Avenue (Jennings Florist) from Medium
Density Residential to General Commercial. Planning and Zoning
Board recommends 'approval.
vi. ORDINANCE NO. 68-93: An ordinance changing the Land Use Map
Designation in the Comprehensive Plan for property located
between N.E. 9th Avenue and Palm Trail (Palm Trail Plaza parking
lot) from Transitional to General Commercial. Planning and
Zoning Board recommends approval.
0. ORDINANCE NO. 69-93: An ordinance changing the Land Use Map
Designation in the Comprehensive Plan for property located at the
northwest corner of Andrews Avenue and Thomas Street (Lyndon Arms
Condominium) from Low Density Residential to Medium Density
Residential and rezoning said property from R-1AA (Single Family)
zoning district to RM (Medium Density Residential) zoning
district. Planning and Zoning Board recommends approval.
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City Commission
Regular Meeting
12/7/93
/K. ORDINANCE NO. 70-93: An ordinance changing the Land Use Map
Designation in the Comprehensive Plan for property located at the
northwest corner of N.W. 2nd Street and N.W. 6th Avenue (child
care center and various residential uses) from Community
Facilities -- Church to Low Density Residential. Planning and
Zoning Board recommends approval.
vL. ORDINANCE NO. 72-93: An ordinance correcting the zoning on
property located at the southeast corner of S. Federal Highway
and S.E. 5th Street (Delray Dental Specialist) from GC (General
Commercial) and R- 1AA (Single Family Residential) to NC
(Neighborhood Commercial) zone district. Planning and Zoning
Board recommends approval.
/M. ORDINANCE NO. 73-93: An ordinance changing the Land Use Map
Designation in the Comprehensive Plan for property located at the
southwest corner of Central Street at Zeder Avenue (Southridge
Subdivision) from Medium Density Residential to Low Density !
Residential. Planning and Zoning Board recommends approval. I
01. ORDINANCE NO. 74-93: An ordinance correcting the zoning on
property located between N.W. 6th Avenue and N.W. 7th Avenue (St. I
John Primitive Baptist Church parking area) from R-1A (Single I
Family Residential) to CF (Community Facilities). Planning and
Zoning Board recommends approval.
vb. ORDINANCE NO. 75-93: An ordinance revising the Land Use Map
Designation in the Comprehensive Plan for property located on the
north side of Linton Boulevard at S.W. 6th Avenue, extended
(Howell Jones a,nd Burke properties) from Medium Density
Residential in part and Communi ty Facilities in part to
Redevelopment Area #3. Planning and Zoning Board recommends
approval.
/P. ORDINANCE NO. 80-93: An ordinance changing the Land Use Map
Designation in the Comprehensive Plan for property located at S. I
Federal Highway and S.E. 5th Street (access drive/parking for I
Barrton Condominiums) from Transitional to Medium Density I
Residential. Planning and Zoning Board recommends approval.
Q. ORDINANCE NO. 81-93: An ordinance changing the Land Use Map
Designation in the Comprehensive Plan for property located on the
north side of Linton Boulevard at S.W. 6th Avenue, extended (Fire
Station No. 3 ) from Medium Density Residential to Community
Facilities. Planning and Zoning Board recommends approval.
R. ORDINANCE NO. 84-93: An ordinance adopting Comprehensive
Plan Amendment 93-2 pursuant to the provisions of the "Local
Government Comprehensive Planning and Land Development
Regulations Act" , Florida Statutes Sections 163.3161 through
163.3243, inclusive. Planning and Zoning Board recommends
approval.
11- Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
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City Commission
Regular Meeting
12/7/93
A. City Manager's response to prior public comments and
inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 83-93: An ordinance amending Section 4.4.24,
"Old School Square Historic Arts District" , Paragraph G
"Supplemental District Regulations", of the Land Development
Regulations to provide for a parking requirement of six (6 )
parking spaces per 1,000 square feet of restaurant floor area.
B. ORDINANCE NO. 82-93: An ordinance designating 622 North
Ocean Boulevard as an Historic Site. Historic Preservation Board
recommends approval.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
D. County and Municipal Issues
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: ~~~AL PLANNER
(')a//U--t ~ j~)
FROM: J~NET MEEKS, SENIOR PLANNER
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SUBJECT: MEETING OF DECEMBER 7, 1993
SITE PLAN REVIEW AND APPEARANCE BOARD SECOND ANNUAL
AWARDS RECOGNITION PROGRAM
B A C K G R 0 U N D:
The second annual' SPRAB Awards Recognition program will be held
at the City Commission meeting of December 7, 1993. The SPRAB
awards are given to those property owners and/or developers who
significantly contribute to the beauty of the city through
creative design or renovation. The projects which were eligible
for the awards must have: 1) been approved by the Site Plan
Review and Appearance Board, and 2) received a certificate of
occupancy during the previous fiscal year (October 1, 1992 -
September 30, 1993).
The Chairman of the Board (Jess Sowards) will present a framed
certificate to each of this year's recipients for their
outstanding contribution to the City of Delray Beach. This
year's design categories and recipients include:
MUNICIPAL PROJECT:
The Delray Beach Tennis Center - W. Atlantic Avenue
* The City of Delray Beach (Developer)
* Digby Bridges, Marsh & Associates (Architect/Planner)
* Grant A. Thornborough & Associates (Landscape Architect)
* Heller-Weaver & Cato (Civil Engineers) ,
LANDSCAPING:
Checkers - Linton Boulevard
* Checkers Drive-In Restaurant, Inc. (Owner/Developer)
* BCS-Wescon Cpnsulting, Inc. (Landscape Architects)
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City Commission Documentation
SPRAB Awards Program
Page 2
EXTERIOR RENOVATION:
Wideman Buildinq - W. Atlantic Avenue
* Clay and Hy Wideman (Owner)
* Community Redevelopment Agency (Developer)
* Elizabeth Debs/Ralph Cantin Architects, Inc. (Architects)
EXTERIOR RENOVATION:
Bridqe Tenders House - Atlantic Avenue Bridge
* Community Redevelopment Agency (Developer)
* Robert G. Currie & Associates (Architect)
BEST IMPROVEMENT:
The Offices of Jerry Turner and Associates - 62 S.E. 6th Avenue
* Jerry Turner and Associates of Florida, Inc. (Owner)
BEST IMPROVEMENT:
Palm Plaza - 1122 E. Atlantic Avenue
* Stenz Properties, Inc. (Owners)
SIGNAGE:
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The Delray Beach Mall - Linton Boulevard
* Delray Beach Mall (Owner/Developer)
* Allen Displays, Inc./Peninsular Sign Division
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[ITY DF DELAAY BEA[H
100 NW, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243,7000
MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Delray Beach Tennis Patrons Association
DATE: November 16, 1993
This memorandum is to serve as an update of the Delray Beach Tennis
Patrons Association. As you know, there is going to be a tournament
November 20th and 21st with all proceeds going to the Tennis Patrons.
We have also met with Sharon O'Connor of Liddun International, and they
are going to donate 100 tickets and the use of the VIP tent for
February 28, 1994 to host a cocktail party as a fund raising event.
They are also going to donate a qualifier spot into their tournament
which we hope to raise funds by holding a tournament to determine who
that qualifier will be.
We also are establishing a speakers' bureau to speak to various civic
and community groups to raise funds. I am requesting that Matt Gracey
and Tina Dale of the Florida Tennis Association be allowed to make a
brief presentation to City Commission on December 7, 1993 concerning
the goals and objectives of the Delray Beach Tennis Patrons
Association.
Please review and advise.
Parks and Recreation
JW:cp
Ref:dhbdtpup
THE EFFORT ALWAYS MATTERS 70
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t7J11
SUBJECT: AGENDA ITEM # ~It - MEETING OF DECEMBER 7. 1993
TEMPORARY USE AGREEMENTS WITH PALM BEACH COUNTY
DATE: December 5, 1993
This item is before you to approve temporary use agreements with Palm
Beach County for use of Lake Ida Park, 200 West Atlantic Avenue and .
32-52 S. W. 1st Avenue for parking during the Virginia Slims Tennis I
Tournament. I
The agreements proposed for the 1994 Tournament are essentially the I
same as those executed in 1993. The term of the agreement is for I
seven (7) days from February 28, 1994 until March 7, 1993 unless
extended due to a weather delay of the tournament. Two separate
agreements are required as the properties are administered by separate
County agencies. A detailed staff report is attached as backup I
material for this item.
I
Recommend approval of the temporary use agreement with Palm Beach
County for use of Lake Ida Park, 200 West Atlantic Avenue and 32-52
S.W. 1st Avenue for parking during the Virginia Slims Tennis
Tournament. I
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: CU~::: MANAGER
THROUGH: DAVID J. KOVACS "-
DIRECTOR OF PLANNING AND ZONING ~
'J 'Uz ~
FROM: ~lL ·
JOHN WALKER, PROJECT COORDINATOR
SUBJECT: MEETING OF DECEMBER 7, 1993
TEMPORARY USE AGREEMENTS FOR THE VIRGINIA SLIMS TENNIS
TOURNAMENT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of Temporary Use Agreements with Palm Beach County
for parking needed in conjunction with the Virginia Slims
Tennis Tournament.
B A C K G R 0 UNO:
The Virginia Slims Tennis Tournament Parking Program was
initially adopted October 27, 1992. Minor modifications have
been made for the 1994 Tournament, including the addition of one
additional reserved parking (the City lot near Hand's), the
deletion of Cason Cottage as a reserved parking lot, and some
reallocation of reserved parking assignments. A copy of the
revised Parking Program is attached. The Parking Program
identifies three County parcels which are needed for Tournament
parking purposes.
The use of these parcels requires an execution of two Temporary
Use Agreements with Palm Beach County. The agreements proposed
for the 1994 Tournament are essentially the same as those
executed for the 1993 Tournament. Modifications include the
hours and days of operation. The use of the two County
properties require separate agreements since they are
administered by separate agencies. The subject properties are:
Lake Ida Park - This facility is under the jurisdiction of the
County Parks and Recreation Department. The City will again use
the northern portion of the Park as a remote parking area with a
shuttle to the Tennis Stadium provided by the Tournament
sponsor.
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city Commission Documentation
Temporary Use Agreements for the Virginia Slims Tennis Tournament
Page 2
200 West Atlantic Avenue - This facility is the South County
Courthouse, under the jurisdiction of the County Property and
Real Estate Management Division. The facility will be available
for general parking in the evenings and on weekends.
32-52 S.W. 1st Avenue - This facility is the old Delray Shopping
Center, under the juridiction of the County Property and
Real Estate Management Division. The facility will be used for
Tournament staff parking.
R E COM MEN 0 E 0 ACT ION:
By motion, authorize the Mayor/City Manager to execute two
Temporary Use Agreements with Palm Beach County for use of Lake
Ida Park, 200 West Atlantic Avenue and 32-52 S.W. 1st Avenue.
Attachments:
* Temporary Use Agreement - 200 West Atlantic Ave & 32-52 SW 1st
Ave.
* Application for Use - Lake Ida Park
* Virginia Slims Tennis Tournament Parking Plan
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VIRGINIA SLIMS TENNIS TOURNAMENT
1994 PARKING PROGRAM
This is a description of the parking plan for the 1994 Virginia
Slims Tennis Tournament, which will take place February 28
through March 6 . The parking plan addresses reserved parking,
and general admission parking to be provided by the City. The
parking plan is similar overall to last year, with several lots
designated for reserved parking and one remote lot reserved for
general admission parking.
The City's contract requirement to provide parking for the
Tournament calls for 750 reserved spaces to be provided within
1,500 feet of the Stadium. In addition, the City is committed
to provide general admission parking for 2,250 cars.
For the 1993 Tournament, 862 reserved spaces were provided
within the geographic limits set forth in the contract.
Arrangements were made for the use of two remote parking sites
for general admission parking (Lake Ida Park and Congress Park).
Those two sites accommodated a total of 2,400 spaces.
For the 1994 Tournament, Liddun International requested the
following changes in the parking allotment:
* Reduce emphasis on remote parking, if possible, to promote
greater use of the Downtown area.
* Add reserved parking for 200 series ticket holders.
* Modify the mix of reserved parking needs.
In addition to the new request from Liddun, some changes have
occurred in the neighborhood of the Tournament which may affect
parking availability. New parking has or will be constructed in
the area as follows:
- South County Courthouse Annex Parking lot increased to 307
spaces.
- Cason Cottage parking lot increased to 45 spaces.
- Mt. Olive Baptist Church decreased to 70 spaces.
- The Love Apartments may be demolished by the CRA and graded
to accommodate approximately 100 temporary spaces.
These new factors were taken into account in the preparation of
the parking plan for 1994. The plan was prepared, reviewed and
approved by representatives of Liddun, Parks & Recreation,
Police, and Parks & Recreation.
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RESERVED PARKING
Reserved parking as requested, provided and used in the 1993
Tournament was reviewed and compared to the new request for
1994 (see attached table). This review indicates that:
* Only about 65% of the provided parking was used.
* The Box Holder parking at Cason Methodist Church had only
about 20% usage, possibly due to the use of a private lot
by the valet parking vendor.
* The lots provided for the media received only about 30%
usage.
* The number of volunteers, umpires, Tournament staff and
vendors were under estimated, resulting in a 30% over use
of lots dedicated to those uses.
A new request for reserved parking was submitted, taking into
account actual usage from 1993 and expected growth in ticket
sales. The request is:
V.I.P. Parking (includes handicapped) 75 spaces
Tournament Staff & Vendors 50
Volunteers & Umpires 100
Media 20
Box Holders 500
Series Ticket Holders 200
Total 945
It was determined that Liddun's request for reserved parking
could be honored by reallocating spaces and accommodating
additional reserved space for series ticket holders. Space
assignments were made in the following lots:
space rq'mt location
V.LP. Parking
(includes handicapped) 98 Tennis Center;
Community Ctr
Tournament Staff, Vendors 150 Lot @ SW 1st/1st;
Volunteers & Umpires Mt. Olive Church
Media 29 Bankers Row
Box Holders 526 City Hall;
Cason Church
Series Ticket Holders 177 Hand's lot
TOTAL 980
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Planning Dept. will acquire temporary use agreements with Mt.
Olive Church and Cason Church.
GENERAL ADMISSION PARKING
In 1993, only Lake Ida Park was needed for remote parking.
Counts taken during the Tournament reveled that approximately
250 - 750 cars used this site. Additionally, City estimates of
maximum capacity were incorrect, the Park capacity is about 800
cars.
For 1994, Lake Ida Park will again be used for general admission
parking (800 cars) and served by a shuttle bus to the Tennis
Center. Planning Dept. will secure a temporary use permit for
Lake Ida Park.
In addition to this designated lot, significant open parking is
available throughout the Downtown area. The City will not
install specific Tournament signage to direct people to these
lots, but it is expected that they will be heavily used during
the Tournament. The lots have public parking signs in place.
These include:
* Courthouse Annex, available in the evenings and on weekends
(307 spaces) . Planning Dept. has begun the process to
secure permission to use this lot.
* Cason Cottage may be used as a fee lot operated by the
Historic Society or Old School Square (45 spaces).
* The municipal parking spaces in the Downtown area:
Block 77 (Worthing Park) 70
Block 101 (C of C) 70
Block 109 (Ace) 43
Block 117 (Vittorios) 76
Total 259
* The Joint Venture will coordinate a downtown trolley and a
separate parking program in the downtown.
* Private parking efforts will be tolerated throughout the
area.
CITY EMPLOYEE PARKING
For 1994, City employees will again utilize the City Attorney's
block for parking. Parking will be allowed outside the fence
along NW 2nd Ave. and the west half of the block along Martin
Luther King Blvd. In addition, parking is available inside the
fence on the grass areas.
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Coordination with construction projects
A review was made of Environmental Services Project Schedules
(July, 1993) for potential conflicts with access to the
Tournament or parking. Only one project (Alleyway Improvement
Project) had potential for conflict. Conflict was avoided by
rescheduling construction of the project until after the
Tournament.
Implementation Responsibilities
PLANNING DEPARTMENT: Coordinate the provision of parking lots
included in the City's parking program and process required
approvals/easements for use of the parking lots.
PUBLIC WORKS: Provide and install traffic controls, barricades
and directional signs.
JOINT VENTURE: Provide the trolley and coordinate a separate
parking program for the downtown.
POLICE DEPARTMENT: Provide traffic control and direction, and
security for parking areas.
T:\advanced\SLIMS1.DOC
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APPLICATION FOR USE OF FACILITIES In accordance with the ~rovlsions of ADA, this
form may be requested In an alternate format.
Se d t .. P vili' R tal d S ...!- 1 E Contact Pavillion Rentals at 964-4111.
n 0: Plane a on en s an peUAl vents
Parks and Recreation Department
2700 Sixth Avenue Sou th App. SentI By: 11/3/93 - KH
Lake Worth, FL 33461
(407) 964-4111
I I
TO: Mr. John Walker
Project Coordinator
City of Delray Beach Phone (day): (407) 243-7321
100 N.W. 1st Avenue
L Delray Beach, FL 33444 -1 (eve):
Organization:' City of De 1 ray Beach
Purpose: Parking for the Virginia Slims Tennis 'lOUrllaJrent No. of participants: 1400 vehiclel:i
Park: Lake Ida No. of spectators:
Location: Back port ion of pa~k (s~ att~ched ma~
( lease all copy 0 route or sile ifapplic:able)
Date: February 28 - March 6, 1994 TIDle: 7: 30 am to Midnight
',PLEASE CHECK ALL APPROPRIATE BOXES RElATED TO YOUR EVENT
. COLUMN A COLUl\lN B
o Picnic Pavilion Rental Pt Special Event Fee ( W A I V p 1))
Fees: $79,50 Weekends & Holidays; $26.50 Weekdays Fee: $35.00. No cash aa:epted. Separate check payable to
(tax included). No cash accepted. Separate check Board of County Commissioners.
payable to Board of County Commissioners. AI holiBe\" Sa) 'in, (C ' fli ,Ii' , d
; :' 0 CO eerage es ,,' ',' i' opY 0 quor cense reqUlre )
o Alcoholic,BeverageConsumption Oth' Sal' '(l~~...I be ' "'eke .' ch di" ..
, ., ' , 0 er es I,^^", verages, ti ts, mer an se, etc.)
o Radio/Small Home Stereo or PA System" '" ,. 0" ." ~'.'ir c, . '
! }:t, Admission or TIcket ChargelEven~ Advertising
o AmusementActivities ,.,. , and/or Open to Public ,,,.d '~ .' ,'" .
" . ;' ., ~ ' "
o Contracted Pimic Planner'" 0 ,Band/D.l./I..arge Stereo or PA System Il ..
,~'~~.~, \. " :k.l :,< .,.., ~,'.:'L' . ':. t ,';;' ,"!~J it: ~ YJ.'~" f~
o Pony Rides ,.,. .M General liability Insurance Naming Palm Beach
't>I ' . al S' I County Additional Insured
1"t Direction 19ns .
o Other ~ See Supplement
;: . ~,
,. Small system is less than 100 watts and speakers small~ than l' x 1:.
,.,. Name of vendor(s) providing services: ", ;,'
MUST MEET COUNTY HEALTH DEPAR1MEi'\ff AND OCCUPATIONAL UCENSE REQUffiEMENTS
1!1' There is a security deposit required for all events. If one or more boxes in column A is d)ecked,the deposit is $100.00. If
one or more boxes in co1 umn B ischecked, the deposit increases to ~ ~pimum of$250.00...Please provide a separ..te check
payable to Board of County Conunissioners (personal or business check only). Refundable deposits will be sent back the
month following the event.
. Your verbal reservation is good for 14 days pending receipt of checks and signed applic.ation.
. If you cancel within 30 days of your event, an alternate date may be arranged. Fees cannot be refunded,
. This fonn must be returned even upon cancellation.
. Completed application, payments and other documenLltion must be fl.'('cived at least three (3) business days prior
to your event to insure processing. Special Events require fourteen (14) business days.
PLEASE INCLUDE A SELF-ADDRESSED STAMPED ENVELOPE WITH APPLICATION TO HELP INSURE PROMPT
RETURN OF YOUR SEC{)RlTI' DEPOSIT... THANK YOU!
[ Please Read and Sign Rcvcl"!'c Side J
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INSURANCE INDEMNlFICA nON: The Permittee shall indemnify, defend and Save hannless ' .
Palm Beach County from any and all injuries (including death), property damage and other clainis;;:'
. liabilities, losses and causes of action arising out of any negligent act or omission byPalrn Beach,
County and the Permittee during the ~ of the facilities described on the front of this form by" '.', ,
.. ~
Permittee or those acting under the authority of the Pennittee including participants and spectators,
in connection with the Permittee's activities in and on the site.
."'.
By my signature I agree to comply \vith all rules, regulations, laVfs and ()rdinances of Palm
Beach County and the Parks and Recreation Department in regard to the ren~ and/or use of,
facilities and agree to the indemnification above. . y \ ,'- ,'/'. c ,
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:; " Failure to provide accurate infonnation could result in forfeiture of your depOsit, loss of ~i .:
1(.",
permit privileges and/or event cancellation. TIIANK YOU FOR YOUR CpOPERA TION.
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APPLICANTS SIGNATURE
Form MUST be signed
"
"
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PALM BEACH COUNTY
REAL PROPERTY
TEMPORARY USE AGREEMgNT
between
PALM BEACH COUNTY
and
CITY OF DELRAY BEACH, FLORIDA
nmr\delray3.agr
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TABLE OF CONTENTS
PAGE NO.
ARTICLE I BASIC PROVISIONS
1. 01 Premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.02 Length of Term and'Commencement Date...... 1
1. 03 Ren t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE II CONSTRUCTION OF PREMISES
2.01 Acceptance of Premises.................... 1
2.02 Al terations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES
BY CITY
3.01 Use of Premises and Hours of Operation.... 1
3.02 Waste or Nuisance......................... 2
3.03 Governmental Regulations.................. 2
3.04 Surrender of Premises..................... 2
ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES
4.01 Responsibility of city.................... 2
ARTICLE V INSURANCE AND INDEMNITY
5.01 Liability Insurance....................... 2
5.02 Indemnification of ....................... 2
ARTICLE VI LEGAL EXPENSES.................. . . . . . . . . . . 3
ARTICLE VII MISCELLANEOUS
7.01 Entire Agreement.......................... 3
7.02 Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
7.03 Waiver of Jury Trial...................... 3
7.04 Governing Law............................. 4
7.05 Time of Essence........................... 4
7.06 Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Exhibit "A": COUNTY'S PROPERTy......................... 5
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TEMPORARY USE AGREEMENT
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THIS AGREEMENT, made and entered into this _ day of
, 199_, by and between PALM BEACH COUNTY, a political
subdivision of the state of Florida, hereinafter referred to as
"County" and the CITY OF DELRAY BEACH, FLORIDA, hereinafter
referred to as "City".
WIT N E SSE T H:
WHEREAS, County is the owner of certain real property in Palm
Beach County, Florida, as said property (the "Property") is legally
described in Exhibit "A" attached hereto and by reference made a
part hereof; and
WHEREAS, City has requested the temporary use of the parking
lot areas located on the Property in conjunction with its hosting
of a professional tennis tournament; and
WHEREAS, County is willing to allow City to use said parking
lot areas for the purposes hereinafter defined.
NOW THEREFORE, in consideration of the sum of Ten Dollars
($10.00) and other good and valuable considerations, receipt and
sufficiency of which is hereby acknowledged, County hereby grants
to City and City hereby accepts the use of the premises hereinafter
defined upon the following terms and conditions:
ARTICLE I
BASIC PROVISIONS
Section 1.01 Premises.
The premises subject to this Agreement consists of the paved
parking areas at the South County Judicial Center, located at 200
w. Atlantic Avenue, Delray Beach, Florida (the "Premises").
Section 1.02 Lenqth of Term and Commencement Date.
The Term of this Agreement shall be for a period of one (1)
week which shall commence on the 28th day of February 1994 (the
"Commencement Date") and shall expire on the 6th day of March,
1994. The Term can be automatically extended to expire on the 9th
day of March, 1994, in the event of any weather delay of the
tournament.
Section 1.03 Rent.
The use of the Premises by City shall be on a rent-free basis.
ARTICLE II
CONSTRUCTION OF PREMISES
Section 2.01 Acceptance of Premises.
City certifies that it has inspected the Premises and accepts
same "As Is", in its existing condition as of the Commencement Date
of this Agreement.
Section 2.02 Alterations.
City shall not make or permit any improvements, additions,
modifications or alterations whatsoever to the Premises.
ARTICLE III
CONDUCT OF BUSINESS AND USE OF PREMISES BY CITY
section 3.01 Use of Premises and Hours of Operation.
city shall use the Premises solely and exclusively for vehicle
parking in conjunction with the City's hosting of the Virginia
Slims Tennis Tournament. The City shall have the right to use the
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Premises weekdays between 5:00 PM and 12:00 PM daily and all day on
weekends during the Term. All parking spaces shall be vacated by
midnight daily. There shall be no overnight parking permitted.
city shall not use, permit or suffer the use of the Premises for
any other business or any disorderly or unlawful purpose.
section 3.02 Waste or Nuisance .
City shall not commit or suffer to be committed any waste upon
the Premises or any nuisance or other act or thing which may result
in damage or depreciation of value of the Premises or which may
affect County's fee interest in the Premises. Following each day
of use by the City, all refuse is to be removed from the Premises
at City's sole cost and expense. ~ity will keep the access to the
Premises and contiguous areas to the Premises free and clear of
obstruction.
section 3.03 Governmental Regulations.
City shall, at City's sole cost and expense, comply with all
ordinances, laws, statutes and regulations promulgated thereunder
of all county, municipal, state, federal and other applicable
governmental authorities, now in force, or which may hereafter be
in force, pertaining to City or its use of the Premises. City
shall indemnify, defend and save County harmless from any and all
penalties, fines, costs, expenses, suits, claims, or damages
resulting form City's failure to perform its obligations in this
Section.
section 3.04 Surrender of Premises.
. Upon termination or expiration of this Agreement, City, at its
sole cost and expense, shall remove all of its personal property
from the Premises and shall surrender the Premises to County in the
same condition the Premises were in as of the Commencement Date of
this Agreement, reasonable wear and tear excepted. If City fails
to remove any vehicle parked on the Premises, then upon expiration
of the Term of this Agreement, County may remove said vehicle from
the Premises for which the cost City shall be responsible and shall
pay promptly upon demand.
ARTICLE IV
REPAIRS AND MAINTENANCE OF PREMISES
section 4.01 Responsibi1itv of City.
All portions of the Premises shall be kept in good repair and
condition by City. At the end of the Term of this Agreement, City
shall deliver the Premises to County in good repair and condition
as specified herein.
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ARTICLE V
INSURANCE AND INDEMNITY
section 5.01 Liabilitv Insurance.
City shall, during the entire Term hereof, provide County with
a certificate evidencing self-insurance coverage for comprehensive
general liability in the amount of $100,000 per person and $200,000
per incident or occurrence. In the event the Legislature should
change the city's exposure by Statute above or below the sums
insured against, the city shall provide insurance to the extent of
that exposure.
section 5.02 Indemnification.
City shall, to the extent permitted by law, indemnify and save
harmless the County from and against any and all claims, suits,
actions, damages and/or causes of action arising during the Term of
this Lease for any personal injury, loss of life and/or damage to
property sustained in or about the Premises by reason or as a
resu1 t of the ,use 'and occupancy of the Premises by City, its
agents, employees, licensees, invitees, and members of the public
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generally, and from and against any orders, judgements, and/or
decrees which may be entered thereon, and from and against all
costs, attorney fees, expenses and liabilities incurred in and
about the defense of any such claim. In the event County shall be
made a party to any litigation commenced against the City or by the
ci ty against any third party, then City shall protect and hold
County harmless and pay all costs and attorney's fees incurred by
County in connection with such litigation, and any appeals thereof.
Nothing contained herein shall be construed as a waiver of
sovereign immunity enjoyed by the parties hereto, as provided in
Florida statutes 768.28 as amended, or any other law providing
limitations on claims.
ARTICLE VI
LEGAL EXPENSES
. In the event that it shall become necessary for County to
employ the services of any attorney to enforce any of its rights
under this agreement or to collect any sums due to it under this
Agreement or to remedy the breach of any covenant of this Agreement
on the part of the City to be kept or performed, regardless of
whether suit be brought, City shall pay to County such reasonable
fee as shall be charged by County's attorney for such services.
Should suit be brought for the recovery of possession of the
Premises, or for any sum due County under this Agreement, or
because of the default by city of any of the covenants of this
Agreement, City shall pay to County all expenses of such suit and
any appeal thereof, including a reasonable attorney's fee.
ARTICLE VII
MISCELLANEOUS
section 7.01 Entire Agreement.
This Agreement and any Exhibits attached hereto and forming a
part thereof as fully set forth herein, constitute all agreements,
conditions and understandings between County and City concerning
the Premises. All representations, either oral or written, shall
be deemed to be merged into this Agreement. Except as herein
otherwise provided" no subsequent alteration, waiver, change or
addition to this Agreement shall be binding upon County or City
unless reduced to writing and signed by them.
Section 7.02 Notices.
Any consents, approvals and permissions by County shall be
effective and valid only if in writing and any notice by either
party to the other shall be in writing and shall be deemed to be
duly given only if mailed prepaid by certified mail return receipt
requested, addressed:
(a) If to County at:
Property and Real Estate Management Division
50 South Military Trail, suite 211
West Palm Beach, FL 33415
with a copy to:
Palm Beach County
Attn: County Attorney
301 North Olive Avenue
West Palm Beach, FL 33401
(b) If to City at:
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
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section 7.03 Waiver of Jurv Trial.
The parties hereto waive trial by jury in connection with
proceedings or counterclaims brought by either of the parties
hereto against the other, in connection with this Agreement.
section 7.04 Governinq Law.
This Agreement shall be governed by and interpreted according
to the laws of the state of Florida and venue shall be in Palm
Beach County.
section 7.05 Time of Essence.
Time is of the essence with respect to the performance of
every provision of this Agreement ,in which time of performance is
a factor.
section 7.06 Severability.
If any term of this Agreement, or the application thereof to
any person or circumstance, shall to any extent be invalid or
unenforceable, the remainder of this Agreement, or the application
of such term to persons or circumstances other than those as to
which it is invalid or unenforceable, shall not be affected
thereby, and each term of this Agreement, shall be valid and
enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement as of the day and year first above written.
PALM BEACH COUNTY, FLORIDA a
ATTEST: political subdivision of the
. State of Florida
Dorothy H. Wilken, Clerk
By: By:
Deputy Clerk Chair
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
I
Asst. County Attorney
ATTEST: CITY OF DELRAY BEACH
By: By:
City Clerk Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
city Attorney
h:\mmr\agreernent\delray3.agr
11/01/93
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EXHIBIT "A"
COUNTY'S PROPERTY
(PCN: 12-43-46-17-47-000-0000)
The following described land, situate, lying and being in Palm
Beach County, Florida.
All of that Plat of Palm Beach County South
County Judicial Center, being replat of part
of Block 46, map of the Town 0 f Linton (now
Delray Beach) Plat Book 1, Page 3; and part of
the Plat of Resubdivision of Block 45, Plat
Book 4, Page 54; and rights-of-way adjacent
thereto, section 17, Township 46 South, Range
43 East, Delray Beach, Palm Beach County,
Florida, according to the Plat thereof
recorded at Plat Book 60, Page 124 of the
Public Records of Palm Beach County, Florida.
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[IT' DF DElRA' BEA[H
CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELR1.Y BEi\CH f:}FRWB~31:1i
Wr t_r.' r n_
FACSI1\llLE 407/278-4755
(407) 243-7090
MEMORANDUM
Date: November 30, 1993
To: City Commission Assistant City Attorne~
From: David N. To1ces,
Subject: Acceptance of Easement Deed
Church of the Nazarene
6579 Country Wood Way
The attached Easement Deed is before you for acceptance. The
easement is being provided for the purpose of installing,
operating, and maintaining water and sewer lines on the
church's property. Acceptance is recommended.
Please call if you have any questions.
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DNT: sh
Attachment
cc: David Harden, City Manager
Dan Beatty, Assistant City Engineer
Cheryl Leverett, Executive Assistant
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EASEMENT DEED
THIS ENDENTURE, made this day of , 19 ,between The Church
of the Nazarene, parties of the first part, and the CITY OF DELRAY BEACH, a Florida
municipal corporation in Palm Beach County, State of Florida, party of the second part.
WITNESSETH I That the parties of the first part, for and in consideration of
the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in
hand paid by the said party of the sfcond part, the receipt of which is hereby
acknowledged, does hereby grant, bargain, sell and release unto the party of the
second part, its successors and assigns, a right of way and perpetual easement for
the purpose of water and sewer lines with full and free right, liberty, and authority to
enter upon and to install, operate, and maintain such water and sewer lines under,
across, through and upon, over, under or within the following described property located
in Palm Beach County, Florida, to-wit;
The east 20 feet of the west 105,46 feet of the south 400 feet of the SW 1/4 of the
NW 1/4 of the SW 1/4 (less south 20 feet road right of way) together with the east
20 feet of the north 130.44 of the south 530.44 feet of the west 105.49 feet of the
SW 1/4 of the NW 1/4 of the SW 1/4 of Section 4, Township 46, Range 43.
Concomitant and coextensive with this right is the further right in the party of
the second part, its successors and assigns, of ingress and egress over and on that
portion of land described above, to effect the purposes of the easement.
That this easement shall be subject only to those easements, restrictions, and
reservations, and reservations of record. That the parties of the first part agree
to provide for the release of any and all mortgages or liens encumbering this
easement. The parties of the first part also agree to erect no building or effect any
other kind of construction or improvements upon the above-described property.
Parties of the first part do hereby fully warrant the title to said land and
will defend the same against the lawful claims of all persons .,homsoever claimed by,
through or under it, that it has good right and lawful authority to grant the above
described easement and that the same is unencumbered. Where the context of this
Easement Deed allows or perlT<its, the same shall include the successors or assigns of
the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
?J]i {fl} ?tUiM
t? HNVt::;1'C~ 6l?IJlrV r 115'/6' Ie..
(name printed or type written) or
('{){/flI7f?;/ ft/{/CJ!) WAf J)EIRr;
(name printed or type written
(name printed or type written) (address)
STATE OF ~~~ ,d
COUNTY OF & \&",u-..i>
/
~ & The foreg~ing instrument was acknowledged before me this /9'1/7 day of
>YA1I 'A-. , 1993 by :::i,-),,,,,,,,, rlrlj('~.L,I'Y' (name of, ,
fficer or agent, title of officer or agent), of \);"~ir~ ()~ ~ \"'1, l'\rI'LCLI'('j'\L (\\1V.Jl'h
(name of corporation aCknOWledging), a (state or place of
incorporation) corporation, on behalf of the c05poratio~, He/She is (personally known
to me) (or has produced identification) ~ttr:(L) /'b,-<LJL- (type of
identification) (as identification) and ~did ~t) t~ke an oath.
/J?~
Signature of' erson
",'" " t,':~:\,I':;9>,!: Acknowledgment
,,,,,,,),,,., ""." "L:\-'"h.~~II'tUL 1/ I
" ,," ",,'"w "" ,.,,, ,.. (;'/.Lj/!//I':r Non-t< O/llc4C-
Name of Acknowledger Ty~d, ~
Printed or Stamped
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MEMORANDUM I
TO: MAYOR AND CITY COMMISSIONERS I
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CITY MANAGER tYJ1
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FROM:
SUBJECT: AGENDA ITEM i ~ - MEETING OF DECEMBER 7. 1993
GRANTING OF UTILITY EASEMENTS
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DATE: December 5, 1993
This item is before you to grant utility easements to Florida Power r
and Light for the maintenance of their equipment located at the
Tennis Center, Fire Station No. 5, Veterans Park, Central Fire Station
and the Master Booster Pump station. i
All utilities have been installed. These easements allow FPL access to
their equipment.
Recommend easements be granted to Florida Power and Light for the
maintenance of their equipment located at the Tennis Center, Fire
Station No. 5, Veterans Park, Central Fire Station and the Master
Booster Pump station.
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Agenda Item No.:
AGENDA REOUEST
Date: December 1, 1993
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: December 7, 1993
Description of item (who, what, where, how much): Five utilitv easements for
Florida Power and Liaht Companv are as follows:
1- Tennis Center - 10' wide easement for underaround electric service and
transformer
2. Fire Station No. 5 - 10' wide easement for handhole and auv wires
3. Veteran's Park - 10' wide easement for underaround electric service
4. Central Fire Station - 10' wide easement for underaround electric service
transformer
5. Master Booster Pump Station - 10' wide easement for underaround electric
service and transformer
All FPL utilities are installed. Easements are reauired to allow FPL access to
their facilities.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval and execution of the five FPL utilitv
easements.
Department Head Signature: ~~ ,2./, J~3
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
~ f7/J1 "7 .
Approved for agenda: ~/NO rA->-o L~,lf'~J, 4~ a~
Hold Until: ~~. i5:,. .' ""'7 I"'-- ~-~
Agenda Coordinator Review: -ft-. 'JA~' t~ . r
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AGFPLD01.MRM
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Ralph E. Hayden, P.E.~
City Engineer
DATE: December 1, 1993
SUBJECT: FPL UTILITY EASEMENTS
AGENDA REQUEST - DECEMBER 7TH COMMISSION MEETING
Attached is an agenda request and two copies of five (5) FPL
utility easements for the mayors signature.
The five easements are required for FPL utilities that have
already been installed at the following locations:
1. Tennis Center
2. Fire station No. 5
3. Central Fire station
4. Veterans Park
5. Booster Master Pump Station
Staff has reviewed these easements and the utilities
locations have been approved and were installed at the
request of the City.
RH:mm
File: Memos to City Manager
RHFPLD01.MRM
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Work Order No. 5672-7-427 EASEMENT
This Instrument Prepared By
Sec..--!..Z...., Twp--.i..~, Rge~E Joel Comerford
Parcel I.D, # FLORIDA POWER & LIGHT COMPANY
(Maintained by County Appraiser) P,O, Address 14159 state Rd #7
Delray Beach, FL 33446
ReserVed tor Circuit Court
The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt
of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns,
an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities
(including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time: with the right to
reconstruct. im,rove, a~d to: enlarge, ,change the voltage, as well as, the size of and remove such facilities or any of them within
an easement ~ feet III Width deSCribed as follows: TENNIS CENTER
A strip of land 10 feet wide lying in the rights-of-way of NW 2nd Avenue and NW 1st
Street (now abandoned), Delray Beach, Florida; the centerline of which is described
as follows:
Commencing at the Southeast corner of Lot 17, Block 43, Town of Linton, as recorded
in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; thence on
an assumed bearing of South 000 291 5911 East along the Easterly line of said Block 43,
a distance of 10.60 feet; thence North 890 301 0111 East a distance of 6.95 feet to the
Point of Beginning; thence South 000 381 2011 East a distance of 85.58 feet; thence
North 890 451 2411 West a distance of 71.13 feet; thence South 000 141 36" West a distance
of 15.00 feet to a Point of Ending. Together with: Beginning at the aforementioned
Point of Beginning; thence North 890 261 0011 East a distance of 37.00 feet to a Point
of Ending. Subject to easements, restrictions, covenants, rights-of-way and
reservations of record.
Together with the right to pennit any other person, finn or corporation to attach wires to any facilities hereunder and lay cable and
conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises
at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area;
to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which
might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants,
to the fullest extent the undersigned has the power to grant, if at all. the rights hereinabove granted on the land heretofore described,
over, along, under and across the roads, streets or highways adjoining or through said property.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 19 -
Signed, sealed and delivered
in the presence of: By: (preSident S signature I
Print Name:
(Witness Signature)
Print Address:
Print Name
(Witness)
Attest:
(Secretary s signature)
(Witness Signature) Print Name:
Print Name Print Address:
(WItness)
(Corporate Seal)
STATE OF AND COUNTY OF . The foregoing instrument was acknowledged
before me this day of ,19_, by , and
respectively the President and Secretary of
,a corporation, on behalf of said
corporation. who are personally known to me or have produced as identification, and who did (did not) take an oath.
My Commission Expires: (Type of Identification)
Notary Public, Signature
Print Name
<, r-___ ......,...... '......__11_....' r-o..... "'10""
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Work Order No. 8367-1-427 EASEMENT
This Instrument Prepared By
Sec.~, Twp~S. Rge~E Joel Comerford
Parcel J.D. # FLORIDA POWER & LIGHT COMPANY
I Maintained by County Appraiser) P,O, Address 14159 State Rd #7
Dp.lray Beach. FL 33446
Reserved for CirCUit Court
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The undersigned. in consideration of the payment of $1.00 and other good and valuable consideration. the adequacy and receipt
of which is hereby acknowledged. grant and give to Florida Power & Light Company. its licensees. agents. successors. and assigns.
an easement forever for the construction. operation and maintenance of overhead and underground electric utility facilities
(including wires. poles. guys. cables, conduits and appurtenant equipment) to be installed from time to time; with the right to
reconstruct. imrove. add to: enlarge, ~hange t,he voltage, as well as. the size of and remove such facilities or any of them within
an easement---.!L feet In width descrIbed as tollows: FIRE STATION NO.5
A Strip of land 10 feet by 30 feet lying in Section 25, Township 46 South, Range 42 East,
in the Northwest corner of the Delray Beach Fire Station #5, Palm Beach County, Florida;
being more particularly described as follows:
Beginning at the Southwest Corner of Foxe Chase, a residential subdivision a:cording to
Plat Book 38, Pages 1 and 2 of the Public Records of Palm Beach County, Florlda; thence
South 010 071 33" East along the Southerly line of said Plat a distance of 30.00 feet;
thence South 880 521 27" West a distance of 10.00 feet; thence North 010 07' 33" West a
distance of 30.00 feet; thence North 880 521 27" East a distance of 10.00 feet to the
Point of Beginning. rights-of-way and reservations of record.
Subject to easements, restrictions, covenants, Together with the right to permit any other person. firm or corporation to attach wires to any facilities hereunder and lay cable and
conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises
at all times; the right to clear the land and keep it cleared of all trees. undergrowth and other obstructions within the easement area;
to trim and cut and keep trimmed and cut all dead. weak. leaning or dangerous trees or limbs outside of the easement area which
might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants,
to the fullest extent the undersigned has the power to grant. if at all. the rights hereinabove granted on the land heretofore described.
over, along. under and across the roads. streets or highways adjoining or through said property.
IN WITNESS WHEREOF. the undersigned has signed and sealed this instrument on 19
Signed. sealed and delivered
in the presence of: By: (PresIdent s signature)
Print Name:
(Witness SIgnature)
Print Address:
Print Name
(Witness)
Attest:
(Secretary s signature)
(Witness Signature) Print Name:
Print Name Print Address:
(Witness)
<Corporate Seal)
STATE OF AND COUNTY OF The foregoing instrument was acknowledged
before me this day of ,19_, by , and
respectively the President and Secretary of
. a corporation. on behalf of said
corporation. who are personally known to me or have produced as identification. and who did (did not) take an oath.
My Commission Expires: (Type of Identification)
Notary Public, Signature
Print Name
,. r- _ ____ _.......... ........__.._..., n...... ~ /0"
- - - - / - -
Work Order No. 8071)- 4- 4?7 EASEMENT
This Instrument Prepared By
Sec.~, Twp~S, Rge-A3.-E Joel Comerford
Parcel I.D, # FLORIDA POWER & LIGHT COMPANY
(Maintained by County Appraiser! P.O, Address 14159 State Rd #7
Delray Beach, FL 33446
Reserved lor CirCUit Goun
n_. __
The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt
of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns,
an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities
(including wires, poles. guys, cables, conduits and appurtenant equipment) to be installed from time to time: with the right to
reconstruct, irywove, add to. enlarge. change the voltage, as well as, the size of and remove such facilities or any of them within
an easement _ feet in width described as follows: VETERANS PARK
A Strip of land 10 feet in width lying in Block 132, Plat of the Fractional East
Half of Section 16, Township 46 South, Range 43 East, as recorded in Plat Book 1,
Page 25 of the Public Records of Palm Beach County, Florida; being more particularly
described as follows: Commencing at the Northwest corner of said Block 132; thence South 890 09' 08" East
along the northerly line of said Block a distance of 46.98 feet to the POINT OF
BEGINNING; thence South 100 42' 47" West a distance of 33.36 feet; thence South 000 03'
14" West a distance of 120.00 feet; thence South 890 56' 46" East a distance of 30.00
feet to the POINT OF ENDING.
The sidelines of said 10 feet wide easement are to be extended or shortened to meet at
angle points and to meet at the Block boundary. Subject to easements, restri cti ons,
covenants, rights-of-way and reservations of record.
Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and
conduit within the easement and to operate the same for communications purposes: the right of ingress and egress to said premises
at all times: the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area:
to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which
might interfere with or fall upon the lines or systems of communications or power transmission or distribution: and further grants,
to the fullest extent the undersigned has the power to grant. if at all, the rights hereinabove granted on the land heretofore described,
over. along, under and across the roads, streets or highways adjoining or through said property,
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 19 -
Signed, sealed and delivered
in the presence of: By: (PreSIdent s sIgnature)
Print Name:
(Wllness Signature)
Print Address:
Print Name
(Wllness)
Attest:
(Secretary S signature)
(WItness SIgnature) Print Name:
Print Name Print Address:
( Wllness)
(Corporate Seal)
STATE OF AND COUNTY OF , The foregoing instrument was acknowledged
before me this day of ,19_, by , and
respectively the President and Secretary of
, a corporation, on behalf of said
corporation, who are personally known to me or have produced as identification, and who did (did not) take an oath,
My Commission Expires: (Type of Identification)
Notary Public. Signature
Print Name
<, ~___ ................ Ir"'__I~_"'\ n~.. ~/Q"
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Work Order No. 5642-7-427 EASEMENT
This Instrument Prepared By
Sec.-1L. Twp~S. Rge-1.LE Joel Comerford
Parcel I.D. # FLORIDA POWER & LIGHT COMPANY
(Maintained by County Appraiser! P,O, Address 14159 State Rd #7
De 1 ray Beach, FL 33446
Reserved lor Circuit Court
---
The undersigned, in consideration of the payment of $1,00 and other good and valuable consideration, the adequacy and receipt
of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns,
an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities
(including wires, poles, guys, cables. conduits and appurtenant equipment) to be installed from time to time: with the right to
reconstruct. improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within
an easement - feet in width described as follows: CENTRAL FIRE STATION
Strip of land 5 and 10 feet wide lying in Block 20, TOWN OF LINTON, City of De1ray Beach,
Florida; as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County,
Florida; more particularly described as follows:
A strip of land 5 feet wide lying 2.5 feet each side of the following described center-
line: Commencing at the Southwest corner of said Block 20; thence Northerly along the
Westerly line of said Block a distance of 139.90 feet; thence Easterly, perpendicular
to said Westerly line, a distance of 2.50 feet to the POINT OF BEGINNING; thence Northerly,
2.5 feet Easterly of and parallel with said Westerly line a distance of 214.29 feet to a
Point of Ending. Together with: A strip of land 10 feet wide lying 5.00 feet each side
of the following described centerline: Beginning at the aforementioned Point of Beginning;
thence Easterly, perpendicular to the Westerly line of Block 20, A distance of 32.50 feet
to a Point of Ending. The sidelines of said easements are to be extended or shortened to
meet at angle points and to meet the Westerly line of said Block 20. Subject to easements,
restrictions, covenants, rights-of-way and reservations of record.
Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and
conduit within the easement and to operate the same for communications purposes: the right of ingress and egress to said premises
at all times: the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area:
to trim and cut and keep trimmed and cut all dead, weak. leaning or dangerous trees or limbs outside of the easement area which
might interfere with or fall upon the lines or systems of communications or power transmission or distribution: and further grants,
to the fullest extent the undersigned has the power to grant. if at all. the rights hereinabove granted on the land heretofore described,
over. along, under and across the roads. streets or highways adjoining or through said property.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 19_
Signed, sealed and delivered
in the presence of: By: (PreSident S slgnaiUre)
Print Name:
(Witness Signature}
Print Address:
Print Name
( w lIness )
Attest:
(Secretary S slgnaiUre)
(Wllness Signature) Print Name:
Print Name Print Address:
( Witness)
(Corporate Seal)
STATE OF AND COUNTY OF . The foregoing instrument was acknowledged
before me this day of ,19_,by . and
respectively the President and Secretary of
. a corporation, on behalf of said
corporation, who are personally known to me or have produced as identification, and who did (did not) take an oath.
My Commission Expires: (Type of Identification)
Notary Public, Signature
Print Name
<. - ---- ._. . _ _.~ .... _.. ,. ,n...
Work Order No. EASEMENT
This Instrument Prepared By I
Sec._, Twp_S, Rge_E Eri c Hoffarth I
I
Parcel I.D. # FLORIDA POWER & LIGHT COMPANY I
(Maintained by County Appraiser) P,O, Address 14159 state Rd #7 I
De1ray Beach, FL 33446 I
I
I Reserved tor Circuit Court
The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt
of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns,
an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities
(including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to
reconstruct, im~rove, add to, enlarge, change the voltage, as well assthe size of and remove such facilities or anN of them within
an easement ~ feet in width described as follows: BOO TER MASTER PUMP STATIO
The East 10.00 feet, together with the East 20.00 feet of the South 10.00 feet of the
following described parcel of land. A portion of Block 90, L.R. Benjamin's Subdivision
according to the plat thereof recorded in Plat Book 12 at Page 18 of the Public Records
of Palm Beach County, Florida and a portion of the Florida Eastcoast Railway right-of-way
as shown on Model Land Company's Subdivision of Block 98 and that part of Block 90 lying
East of the Florida Eastcoast Railway right-of-way Town of De1ray Beach, Florida,
according to the plat thereof recorded in Plat Book 9 at Page 33 of the Public Records
of Palm Beach County, Florida being more particularly described as follows:
Begin at the Northeast corner of Lot 1, of said L.R. Benjamin's Subdivision and run on
an assumed bearing of S 000 18' 39" W along the East line of lots 1,2 and 3 for 137.00
feet; thence Run N 880 49' 54" W, for 94.42 feet; thence N 090 45' 36" E along a line
50.00 feet Westerly of as measured at right angles to West the lines of said Lots 1,2
and 3 for 138.54 feet; thence S 880 49' 54" E along the Westerly Extension of and North
line of said lot 1, L.R. Benjamin's Subdivision for a distance of 71.67 feet to the
POINT OF BEGINNING. Said lands situate within the City of De1ray Beach, Palm Beach
County, Florida. Containing 0.03 acres more or less.
Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and
conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises
at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area;
to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which
might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants,
to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described,
over, along, under and across the roads, streets or highways adjoining or through said property.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 19_
Signed, sealed and delivered
in the presence of: By: (President's signature)
Print Name:
(Witness' Signature)
Print Address:
Print Name
(Witness)
Attest:
(Secretary's signature)
(Witness' Signature) Print Name:
Print Name Print Address:
(Witness)
(Corporate Seal)
STATE OF AND COUNTY OF . The foregoing instrument was acknowledged
before me this day of ,19_, by , and
respectively the President and Secretary of
, a corporation, on behalf of said
corporation, who are personally known to me or have produced as identification, and who did (did not) take an oath.
My Commission Expires: (Type of Identification)
Notary Public, Signature
Print Name
Form 3722 (Stocked) Rev. 2/92
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ l>{l) - MEETING OF DECEMBER 7. 1993
FINAL PLAT APPROVAL/CHECKERS RESTAURANT
DATE: December 5, 1993
This item is before you to approve the final boundary plat for
Checkers Restaurant located at 450 West Atlantic Avenue.
This plat is required as a condition of site plan approval. The plat
combines two platted parcels with a meets and bounds parcel. It also
dedicates additional right-of-way and provides utility easements
along West Atlantic Avenue and S.W. 5th Avenue.
The plat has been properly prepared and is now ready for Commission
action. All outstanding issues have been addressed with the exception
of financial guarantees for work in the public right-of-way. A
detailed staff report is attached as backup material for this item.
Recommend approval of the final plat for Checkers Restaurant located
at 450 West Atlantic Avenue subject to the condition that the
financial guarantees be met prior to release of the final plat for
recordation.
~
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(/ \
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO:
THRU:
FROM:
SUBJECT: MEETING OF DECEMBER 7, 1993
FINAL BOUNDARY PLAT FOR CHECKERS RESTAURANT
*.CONSENT AGENDA..
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of the final boundary plat for the w. Atlantic
Avenue Checkers Restaurant.
The project is located at the southeast corner of w.
Atlantic Avenue and Southwest 5th Avenue.
Final boundary plats are processed pursuant to ,Code
Section 2.4.5(K).
B A C K G R 0 U N D:
In August, 1993, a site plan petition was received to establish
the w. Atlantic Avenue Checkers Restaurant. As the project
would combine two (2 ) platted parcels and one ( 1 ) meets and
bounds parcel, the need to process a boundary plat was raised
during the review of the site plan. On September 22, 1993 the
Site Plan Review and Appearance Board approved the site plan for
Checkers, pursuant to conditions. One of those conditions is to
process a plat for the subject property.
The boundary plat for Checkers was submitted on October 13,
1993. In addition to combining numerous parcels, the plat is
also dedicating additional right-of-way along W. Atlantic Avenue
and S. W . 5th Avenue and providing a utility easement along both
of these rights-of-way. All outstanding issues have been
addressed with the revised plat, except the financial guarantee
for work in the public right-of-way (sidewalk and driveways) .
The financial guarantee (approximately $207) will be required
prior to releasing the plat mylar for recordation.
The plat is in its final form and is ready for City Commission
action.
<,
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City Commission Documentation
W. Atlantic Ave. Checkers - Final Boundary Plat
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
Pursuant to Code Section 2.4.5 (K) , the Planning and Zoning
Board does not review final boundary plats. However, all
required findings were made by the Site Plan Review and
Appearance Board at the time of site plan approval.
, R E COM MEN D E D ACT ION:
By motion, approve the final boundary plat for the W. Atlantic
Avenue Checkers, pursuant to the following condition:
* That a financial guarantee for all public improvements
be submitted prior to releasing the mylar for
recordation.
Attachment:
* Location Map and Reduced Plat
T:CHEKCC.DOC
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129.99
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..-lENT I "RESUBDIVlSION OF BLOCKS 29 l< 37 DELRI>. Y, Fl.Ol'\IDA'
: (P,8, 9 PAGE 66) PBe
I
. .
I
j
MEMORANDUM I
,
TO: MAYOR AND CITY COMMISSIONERS I
I
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 1)~ - MEETING OF DECEMBER 7, 1993
CHANGE ORDER NO. 1 AND REOUEST FOR FINAL PAYMENT/WIDELL AND
ASSOCIATES. INC.
I
DATE: December 5, 1993 I
This item is before you to approve a deduct change order in the amount
of $36,025.86 which also extends the contract completion date by 108
days for Widell and Associates, Inc. in conjunction with the Lift
Station Rehabilitation project for Lift Station Basin Nos. 19A, 20A,
23 and 32.
This change order consists of miscellaneous revisions to the contract I
I
including electrical modifications, manhole modifications, I
I
clarification of spare parts submissions and deletion of Lift Station
No. 32.
We have also received a request for final payment in the amount of
$37,683.58. Staff has reviewed this work and found it to be
satisfactorily complete.
Recommend approval of Change Order No. 1 in the deduct amount of
$36,025.86 which also extends the contract completion date by 108 days
and the request for final payment in the amount of $37,683.58 from
Widell and Associates, Inc. for completion of the Lift Station
Rehabilitation project (Lift Station Basin Nos. 19A, 20A and 23); with
funding from Water and Sewer Renewal and Replacement Lift Station
Conversion to Submersible (Account No. 442-5178-536-61.83).
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Agenda Item No.:
AGENDA REOUEST
Date: December 1, 1993
Request to be placed on:
~ Regular Agenda
_____ Special Agenda
_____ Workshop Agenda When: December 7, 1993
Description of item (who, what, where, how much) : Staff reauests Citv
Commission approval of Chanae Order #1 in the amount of S36.025.86 to Widell
Associates. Inc. and an extension in contract time of 108 davs to October 8.
1993 for the Rehabilitation of Lift Station #19A. 20A. 23 and 32. This work is
for miscellaneous revisions to the contract. includina electrical modifications.
manhole modifications to Citv standards. clarification on spare parts submission
and the deletion of L.S. #32. proiect No. 91-102\ In addition. staff reauests
Citv Commission approval for final pavment of S37.683.58. since all work has
been completed and accepted bv Eckler Enaineerina Consultants and citv staff.
Attached please find correspondence bv the consultants and a contractors
performance report.
Fundina source for this work is account #442-5178-536-61.83.
ORDINANCE/RESOLUTION REQUIRED: YESflY DRAFT ATTACHED YE~
Recommendation: Staff recommends approval of Chanae Order #1 and final paYment.
Proiect No. 91-102
Department Head Signature, ~~f~ ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable)
Budget Director Review (required on all items involving expenditure of funds):
Funding available: ~NO
Funding alternatives (if ~PliCable)
viX.,x.7 Account No. & Description ".~ Sl Z8 S3" "l. R.": W.:S e...t2 - lJFrS_ Go"".....,..
Account Balance JJ a..~. ~~'-I- 7D ~"'&~l6<..e-
~ '
City Manager Review:
Approved for agenda: €iJNO trJV1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AG1102A.MRM
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Ralph E. Hayden, P.E.~
City Engineer
DATE: December 1, 1993
SUBJECT: REHABILITATION OF LIFT STATION 19A, 20A, 23 and 32
CHANGE ORDER #1 AND FINAL PAYMENT
Attached is an agenda request for City commission approval
of Change Order #1 to Widell Associates, Inc. and request
for final payment to them for this work. Change Order #1
consists of miscellaneous items required for construction
for a combined net credit amount of -$36,025.86. The
requested time extension for this work is 112 days for a
project completion date of October 8, 1993. The time
extension is for miscellaneous revisions, including
electrical modifications, redesign, repricing, acquisition
of easement and evaluation for Lift station #32 relocation.
After this process was completed a revised price could not
be sucessfully negotiated with the contractor, and it was
determined to delete this station and rebid at a later date.
This change order represents an 11% decrease in the contract
sum for a new total of $295,924.14.
In addition, staff requests approval of final payment in the
amount of $37,683.58 as recommended by the consulting
engineer (see attached letter). The funding source for this
work is from account #442-5178-536-61.83.
RH:HW:mm
attachments
cc: William H. Greenwood, Dir. of Environmental Services
File: project No. 91-102 (D)
RH1102A.MRM
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.. E ECKLER ENGINEERING
CONSUL T1NG CIVIL ENGINEERS
November 23, 1993
215.B3
Mr. Richard Hasko
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, Fl 33444
Dear Mr. Hasko:
Reference: Contract Modification Number 1
Rehabilitation of Lift Stations 19A, 20A, 23 and 32
City Project Number 91-102
Enclosed are five (5) original copies of Contract Modification Number 1 for the above
referenced project. As backup data, each Contract Modification contains the Contract
Modification Number 1 package as prepared by Eckler Engineering. Contract Modification
Number 1 is a net contract deduction of $36,025.86 as required for the following
modifications:
1. Request for Proposal Number 2
2. Request for Proposal Number 4
3. Request for Proposal Number 6
4. Additional pavement at lift station 23 in accordance with Widell Associates,
Inc. letter of July 9, 1993.
5. Contract Add/Alternate Number 2, concrete lift station - 20A.
6. The elimination of work as required for the rehabilitation of lift station 32.
~
We recommend the approval of this Contract Modification in the amount a deduction of
$36,025.86 to Widell Associates, Inc. for the above referenced work.
Please review the enclosed documents and have the appropriate City of Delray Beach
personnel sign on the Eckler Engineering Contract Modification form under Owner in the
lower left hand comer. Once these documents have been completed, please complete the
City of Delray Beach Change Order to Original Contract documentation as required by the
Department initiating the change order. Once t'lese documents have been completed and
approved by the City of Delray Beach, please return two copies to our office for our use.
______""__._... _._.,.._,_._____~_._..___ .____n_ ____ .'_.. -.- _..- --. - - - _.____n ___ - - -- ---~---_.- ._ .u.________________'. ___._,_.__~_..__
9381 WEST SAMPLE ROAD. CORAL SPRINGS, FL 33065 305/755-1351
Printed on Recycled Paper FAX 305/755-2741
<,
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Mr. Richard Hasko
November 23, 1993
Page 2
H you have any questions or require additional information pertaining to this contract
modification or the project in general, please do not hesitate to contact our office.
Sincerely,
Douglas K. Hammann
Encl.
215B3.066
'.
CI1Y OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACf
CHANGE NO. One PROJECf NO. 91-102 DAlE: November 17, 1993
PROJECf TITLE: Rehabilitation of Lift Stations 19A, 20A, 23 and 32
TO CONTRACfOR: Widell Associates, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES INTI-IE PLANS AND SPECIFICATIONS FOR
THIS PROJECf AND TO PERFORM THE WORK ACCORDINGL Y, SUBJECfTO ALL CONTRACfSTIPULATIONSAND
COVENANTS.
JUSTIFICATION:
Contract Modification Number 1 package as prepared
by Eckler Engineering (attached) .
SUMMARY OF CONTRACf AMOUNT
ORIGINAL CONTRACf AMOUNT $332,000.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 0.00
ADJUSTED CONTRACf AMOUNT PRIOR TO THIS CHANGE ORDER $332,000.00
COST OF CONSTRUCTION CHANGES THIS ORDER (36,025.86)
ADJUSTED CONTRACf AMOUNT INCLUDING THIS CHANGE ORDER $295,974.14
PERCENT ~ECREASE THIS CHANGE ORDER 11 %
TOTAL PERCENT ~~ECREASE TO DATE 11 %
EXTENSION OF CONTRACfTIMEALLOWED BYnIISCONTltACf 112 CALENDARDAYSTO 10-8-93
Date
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit competitive bidding.
c;?~ Y-'~--~ u/< ~7)~4~
CONTItACfOR G. E. Towne, P. E. , SIGNATURE (CONSULTING ARCHITECfOR ENGINEER)
(SEAL) Vice President
WIDELL ASSOCIATES. INC.
TO BE BILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER,
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRA Y BEACH, FLORIDA
By its City Commission
RECOMMEND: By:
PROJECf MANAGER MAYOR
A 11'8ST:
APPROVED: By:
CITY AITORNEY CITY CLERK
<,
~@~Jj~~~Jj lJ{J@IIDll[Pll~~Jjll@~ DATE: November 17, 1993
(CHANGE ORDER) PROJ NO : 215.B3
CONTRACT MODIFICATION NO : 1
OWNER : City of Delray Beach, City Proiect No. 91-102
PROJECT NAME : Rehabilitation of Lift Stations 19A, 20A, 23 and 32
CONTRACTOR : Widell Associates, Inc.
THE FOllOWING MODIFICATIONS TO THE CONTRACT ARE HEREBY ORDERED:
1. Request for Proposal, RFP-1 (12-14-92) $ 0.00 o days
2. Request for Proposal, RFP-2 (2-29-93) $ 352.28 4 days
3. Request for Proposal, RFP-3 (2-26-93) $ 0.00 o days
4. Request for Proposal, RFP-4 (4-21-93) $ 840.00 o days
5. Request for Proposal, RFP-5 (6-18-93) Void 8-26-93
6. Request for Proposal, ,RFP-6 (6-17-93) ($2,200.00) o days
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7. Additional Pavement LS-23 (WAr letter 7-9-93) $ 270.00 o days
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8. Request for Proposal, RFP-7 (7-22-93) Void 8-26-93
9. Add/Alternate #2, Cone. LS-20A S1 .500.00 o nny!=:
10. Eliminate LS-32 f ($26,788.14) 108 days
'IDTAL ($26,025.86)
CON'IRAcr ALLOWANCE $ (10,000.00)
NEr THIS CHAKGE ORDER ($36,025.86) 112 days
CONTRACT AMOUNT CONTRACT TIME [CALENDAR DAYS)
------------------ ------------------
OrIgInal $332,000.00 OrIgInal 150 Days
PrevIous Change Orders [+/-) $ 0.00 PrevIous Change Orders [+/-) 0 Days
ThIs Change Order [~/-) $ 36,025.86 ThIs Change Order (+~) 112 Days
RevIsed Contract Amount $295,974.14 RevIsed Contract Amount 262 Days
RevIsed Contract CompletIon Date: October 8 . 19 93
OWN E R CON T RAe TOR E N GIN E E A
----------- ----------- -----------
Address : 434 S. Swinton Ave Address : 5850 SW 45 St. Address :9381 W. Sample Rd.
De 1 ray Beach, PI 33444 B~;i:i;d?33-1?<~.~,~,'.~~.~:~,~~r~1~4~~
By :
Date: Date : II/JCf/17 Date: II/t..1 /t:f;S
It ECKLER ENG I NEER I NG Sheet 1 of 1
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. iI~uli~aaING DEri\IHMUH h /
"' NOV 2 9 1993 \', lW6,Yl(
E ECKLER ENGINEERING
CONSUL riNG CIVIL ENGINEERS
November 23, 1993
21S.B3
Mr. Richard Hasko
City of Delray Beach
434 S. Swinton Avenue
Delray Beach, F1 33444
Dear Mr. Hasko:
Reference: Partial Pay Request Number 6 (Final)
Rehabilitation of Lift Stations 19A, 20A, 23 and 32
City Project Number 91-102
Enclosed are three (3) copies of Partial Pay Request Number 6 (Final) from Widell
Associates, Inc. for the work completed during the period of June 26, 1993 through
November 19, 1993. We recommend funding the requested hard cost amount of $37,683.58
as final payment for the above referenced project.
This payment recommendation is based upon the finalization of all work required for this
project and the approved deletions and additions of work in accordance with Change Order
Number 1. These items to date are as follows:
. 1. Completion of all work required for lift station 19A.
2. Completion of all work required for lift station 20A.
3. Completion of all work required for lift station 23.
4. Elimination of all work required hr lift station 32 as outlined in Change
Order Number 1.
5. The completion of the additional work required by Change Order Number 1
including the installation of additionall-1/2-inch electro conduits at stations
19A, 20A and 23 (RFP-2), removal and replacement of existing vent at station
19A (RFP-4), elimination of a portion of the spare parts requirement (RFP-
6), additional asphalt pavement at lift station 23 and Contract add/alternate
#2.
6. Final release of retainage being withheld for the project.
Attached with these payment applications is the consent of surety for final payment in the
amount of $37,683.58 and the contractor's final receipt as required by the specifications.
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9381 WEST SAMPLE ROAD. CORAL SPRINGS, FL 33065 305/755-1351
- FAX 305/755-2741
\ Printed on Recycled Paper
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Mr. Richard Hasko
November 23, 1993
Page 2
Please review the enclosed Partial Pay Request Number 6 (Final) documents and if
everything is satisfactory, please sign and date all copies where indicated by Owner and
pla.ce this pay request in line for payment at your earliest possible convenience. One copy
of the payment request is to be returned to Widell Associates, Inc. with their payment and
one copy is to be returned to Eckler Engineering for our files.
If you have any questions or require additional information pertaining to this payment
recommendation or the project status in general, please do not hesitate to contact our
office.
Sincerely,
t:>+ I-\~
Douglas K. Hammann
Encl.
215B3.065
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PAYMENT APPLICATION DATE: November 19, 1993
AND CERTIFICATE PROJ. NO: 91-102
APPLICATION NO: 6 PERIOD FROM 06126/93 TO 11119/93
PROJECT: Rehabllltalon of Lift Station 19A. 2OA. 23 & 32.
TO OWNER: City of Delrav Beach. Florida
FROM CONTRACTOR: Widell Associates. Inc.
THRU ENGINEER: Eckler Enaineerlna
1) ORIGiNAl CONTRACT SUM: $332,000.00
2) APPROVED CONTRACT MODIFICATIONS: ($36,025.86)
3) CONTRACT MODIFICATIONS APPROVED THIS PERIOD
(LIST CONTRACT MODIFICATIONS NO'S) 1
AND AITACH COPIES OF CONTRACT MODIFICATIONS)
4) REVISED CONTRACT AMOUNT (Sum of Lines 1 & 2): $296,974.14
6) TOTAL VALUE OF WORK COMPLETED TO DATE: $296,974.14
6) MATERIALS STORED (See Attached List): $0.00
7) SUBTOTAL (Sum of Lines 6 & 6): $296,974.14
8) LESS AMOUNT REf AINE 0%) $0.00
9) SUBTOTAL (Line 7 - Line 8): $296,974.14
10) LESS PREVIOUS CERTIFICATES FOR PAYMENT: $268,290.66
(lIne 9 from Previous Application)
11) CURRENT PAYMENT DUE (Line 9 - Line 10): $37,683.68
12) BALANCE TO FINISH PLUS RETAlNAGE: $0.00
13) PERCENT PROJECT COMPLET 100.00% )
CONTRACTOR'S CERTIFICATION
The Undersigned Contractor Certifies:
1) The work covered by this Application for Payment has been completed In
accordance with the Contract Documents.
2) All previous progress payments received from the OWNER on account of Work
done under the contract referred to above have been f,pplled to discharge
In full all obligations of the CONTRACTOR Inourred In oonneotlon with Work
covered by prior Applications for Payment numbered 1 thru 4 Inoluslve.
3) Title to all materials and equipment Incorporated In said work or otherwise
listed In or covered by this Application for Payment will pass to the OWNER
at time of payment free and olear of all liens, claims, seourlty Interests
and encumbrances (except such as covered by bond acceptable to the O'M<4ER).
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C;;; ~ -;;y..;.... - -~
Contractor
PAYMENT OF THE AMOUNT IN ~/t~ /J - ZZf(~
LINE 11 IS RECOMMENDED Project Representative Date
Sheet:3 or 5 I
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER m1
SUBJECT: AGENDA ITEM i ~F - MEETING OF DECEMBER 7. 1993
ADDENDUM NO. 4 TO THE LEASE AGREEMENT WITH BUCKY DENT BASE-
BALL SCHOOL
DATE: December 5, 1993
This item is before you to approve a revised addendum to the lease
agreement with Bucky Dent Baseball School. At the September 28th
regular meeting, the Commission approved Addendum No. 4; however,
Currie Commons Park was inadvertently omitted from that agreement.
This revision includes the maintenance of Currie Commons at a cost of
$26,260.
Recommend approval of Addendum No. 4 to the lease agreement with Bucky
Dent Baseball School.
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Agenda Item No. :
AGENDA REQUEST
Date: November 30, 1993 .
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: December 7, 1993
Description of agenda item (who, what, where, how much): Request the
inclusion of Currie Commons Park for maintenance by the Buck Dent Baseball School
in the Addendum #4 approved by City Commission on 9/28/93 at an additional cost of
$26,260.
ORDINANCE/ RESOLUTION REQUIRED: YES@ Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature:
Determination of Consistency Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
\ Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
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Received:
Action: Approved/Disapproved
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CITY ATTORNEY'S OFFICE TEL ND. 407 278 4755 Dee 03,93 15:21 F'. Cl2
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ADDENDUM NO. 4 TO LEASE AGREEMENT
THIS ADDENDUM to the Lease Agreement of August 3, 1983, Is
entered into by and between the CITY OF DELIlA Y BEACH, FLORIDA i
("Lessor" ) and BDBBS, INC. , ("Lessee") on this day of
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, 1993.
WIT N E SSE T H:
WHEREAS, the Lessor and Lessee mutually covenant and agree to
amend and modify the Lease Agreement entered into on August 3, 1983 and
as further modified in Addendum Numbers 1, 2 and 3 previously executed
by the parties, in order to provide for new responsibilities and obligations
regarding maintenance of the fields at M11ler Park, Currie Commons, and
the construction of a. major league baseball field and multi-purpose auxiliary
field at Miller Park.
NOW, THEREFORE, in consideration of the mu tua} covenants,
stipulations and agreements herein contained, the parties agree as follows:
1- The recitations referred to above are hereby incorporated
herein.
2. Duties of Parties. The Lessee, pursuant to the Lease
Agreement of August 3, 1983, and the Addendums to the Lease executed
subsequent to August 3) 1983, shall continue to maintain fields 1) 2) 3, 4,
and 7 at Miller Park as indicated in Exhibit "A" at no cost to City. City
agrees to contract with Lessee for the maintenance of fields 5, 6, and 8 at
I Miller Park, as indicated In the diagram attached as Exhibit "A", and for
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maintenance Currie Commons. The City agrees to pay Lessee
I $42t040 per year for the maintenance of fields 5t 6, and 8 at Miller Park,
CITY ATTORNEY'S OFFICE TEL r'~o. 407 278 4755 Dee 03~93 15:21 P.03
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and $26,260 per year for the maintenance of Currie Commons.
3. The City reserves the right to exam1net audit, and inspect all
books, records, and documents regarding the operation of the Lessees
business with reasonable notice.
4. At such time when the Lessor determines through examination
of Lessee's records that Lessee has sufficient funds available, the parties
agree that they will renegotiate the terms for maintenance of the fields as
depicted in Exhibit II A II and Currie Commons.
5. The Lessee IS hereby relieved of its obligation to construct a
"major league baseball field and multi-purpose auxiliary fIeld" at Miller Park
as stated in Addendum No. 2 J dated January 7, 1991.
G. AU other terms and conditions of the Lease Agreement of
August 3, 1983 J Addendum No. 1 dated October 17 J 1988, or Addendum
No. 2 dated January 7 t 1991, and Addendum No. 3 dated June 13 J 1991,
not in conflict with this Addendum shall remain In full force and effect and
are incorporated herein.
IN WITNESS WHEREOF J the parties hereto have set their hands the
day and year first above written.
CITY OF DELRA Y BEACH, FLORIDA
ATTEST; By:
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MAYOR
City Cla:rk
Approved as to legal form
and sufficiency:
City Attorney
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CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Dee 03,93 15:26 P ,ell
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BDBBS. INC.
By:
Witness B. Michael Wiggins) President
Witness
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
day of ~ , 1993, by
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(name of officer or agent t title of
officer or agent, of - (name of
corporation acknowledging) , a (state or pla.ce of
incorporation), corporation, on behalf of the corpora.tion. He is personally
known to melor has produced (type of identification)
as identification.
Signature of Notary Public -
State of Florida
Print, Type Ot" Stamp Name of
Notary Public
ts..dcy,aat
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER fJr1
SUBJECT: AGENDA ITEM it era - MEETING OF DECEMBER 7. 1993
APPROVAL OF STANDARD AGREEMENT/TEACHING TENNIS PROFESSIONALS
DATE: December 5, 1993
This item is before you to approve the standard agreement form to be
used to contract teaching tennis professionals and to authorize the
City Manager to approve individual agreements.
The tennis pros would be hired as independent contractors to the City
for the purpose of providing tennis lessons at the Tennis Center.
Under the provisions of the agreement the City will approve any and
all fees charged for lessons and camps and shall collect all revenues
and pay the tennis pros on a bi-weekly basis. Staff has proposed
graduating the fees so that senior pros would receive 85% of the
revenues from lessons; assistant pros 75% and instructors 50%.
AdditionallYI the agreement provides that the teaching pros shall
provide all materials for lessons and camps and conduct a minimum of
20 hours of free lessons each year as determined by the Parks and
Recreation Department. The standard indemnification clause is also
included in the agreement.
Recommend approval of the standard agreement form to be used to
contract teaching tennis professionals and authorize the City Manager
to approve individual agreements.
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Agenda Item No. :
AGENDA REQUEST
Date: November 30, 1993
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: December 7, 1993
Description of agenda item (who, what, where, how much) : Request approval
of agreement to contract with tennis pros to teach lessons and camps at the Delray
Beach Tennis Center. Also re uest authorization for the City Mana er to enter into
the agreement with the various tennis pros Wlt w om we may contract.
ORDINANCE/ RESOLUTION REQUIRED: YEB Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature:
Determination of Consistency h Gomprehensive Plan:
City Attorney Review! Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: &t NO 7971
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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[ITY DF DELRAY BEA[H
100 N,W, 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243,7000
MEMORANDUM
TO: David Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Tennis Pros' Agreement
DATE: November 30, 1993
Attached please find an agreement to contract with tennis pros to teach
lessons and camps at our Tennis Center. I recommend that we have three
levels of compensation for our tennis pros. The senior pros would
receive 85% of the revenues for lessons with 15% going to the City.
The assistant pros would receive 75% of the tennis revenues for lessons
with 25% going to the City, and instructors would receive 50% of the
revenues with 50% going to the City. The senior pros would be the only
ones allowed to conduct tennis camps and would receive 85% of the
revenues with 15% going to the City. Tennis camps typically are
conducted in a group session with a large number of students. Normally
the assistant pros and the instructors will work through the senior
pros for private lessons and tennis camps, and all teaching staff will
be approved by the Tennis Director and myself. Other stipulations of
the agreement include the following:
1.) The teaching pros shall provide all materials for lessons and
camps, including, but not limited to, tennis balls, rackets, and
any mechanical serving or ball machines.
2. ) The City shall approve any and all fees to be charged for
tennis lessons and tennis camps.
3. ) The City shall collect all the revenues and shall pay the
tennis pros on a biweekly basis.
4. ) Every tennis professional agrees to conduct a minimum of 20
hours of free lessons each year as determined by the Parks and
Recreation Department.
THE EFFORT ALWAYS MATTERS
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5. ) The City and/or the tennis professional can terminate this
agreement at any time without cause.
Also attached is a survey of other public and private tennis facilities
in the area, showing that the majority of tennis pros keep all the
revenues from tennis lessons and camps.
Please place this on the December 7, 1993 agenda for City Commission
consideration. I request that City Commission approve the form of the
agreement and authorize the City Manager to enter into the agreement
with the various tennis pros with whom we may contract.
Parks and Recreation
Attachments
JW:cp
Ref:dhtnstch
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AGREEMENT ,
THIS AGREEMENT entered into this day of ,
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1993 by and between the CITY OF DELRAY BEACH, a Florida
municipal corporation, hereinafter referred to as "City", and
, an independent contractor, herein-
after referred to as "Tennis Professional".
WIT N E SSE T H:
WHEREAS, the City operates the Municipal Tennis Center for
the benefit of its citizens; and
WHEREAS, Tennis Professional desires to provide tennis
instruction for individuals who wish to learn how to play the
game of tennis or to improve their tennis game; and
WHEREAS, the City agrees to allow the Tennis Professional
-.......
to use its facilities at the Municipal Tennis Center to provide
tennis lessons to individuals.
NOW, THEREFORE, the parties agree as follows:
l. That the above recitations are true and correct and
are incorporated herein.
2. That the City agrees to hire as an
independent contractor for the purpose of providing tennis
lessons at the City of Delray Beach Municipal Tennis Center.
3. The Tennis Professional shall provide all teaching
materials which are necessary to provide tennis lessons,
including but not limited to, tennis balls, rackets, and any
mechanical serving or ball machines.
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4. The City shall establish the fee to be charged by the
Tennis Professional for tennis lessons and tennis camps. The
.
City shall collect all fees for tennis lessons and tennis
camps. All checks received from students shall be made payable
to the City of Delray Beach.
5. The city agrees to pay the Tennis Professional based
on the following percentage:
Tennis Professional %
City %
The amount paid shall be the percentage of all revenue received
by the Tennis Professional for providing tennis lessons at the
Municipal Tennis Center.
6. The Tennis Professional agrees to conduct a minimum
of twenty (20) hours of free lessons each year. The time and
location~ such free lessons shall be determined by the City.
7. The Tennis Professional agrees to keep accurate
records an appointment book which will be located in the Pro
Shop at the Municipal Tennis Center. The appointment book
shall be made available to the City upon reasonable notice.
The City retains the right to audit the appointment book and
all funds received by the Tennis Professional.
8. The City and the Tennis Professional agree that
either party may terminate this agreement at any time with or
without cause.
9. Any disputes shall be resolved with the tennis
director or with the Director of Parks and Recreation.
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10. For the consideration received and hereby acknow-
ledged, Tennis Professional agrees to defend, indemnify and
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hold the City, its employees, agents, subcontractors, and
assigns harmless from any and all injuries, claims, causes of
action, suits of any kind whatsoever which may arise from their
use of the Municipal Tennis Center.
11. This agreement contains the entire agreement between
the parties, no other representations or warranties were made
by either party which are not represented in this agreement.
IN WITNESS WHEREOF the parties hereto have entered into
this agreement the day and year first above written.
CITY OF DELRAY BEACH, FLORIDA
ATTEST:
By:
David Harden, City Manager
City Clerk
Approve~ to Form
and Legal Sufficiency:
City Attorney
By:
(Type or Print Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me
this day of , 1993, by
. He/She is personally known to me/or has
produced (type of identifi-
cation) as identification.
Signature of Notary Public -
State of Florida
Print, Type or Stamp Name of
Notary Public
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TENNIS PRO LESSON RATE SURVEY
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COMPLETED 10/09/93
PHONE CONTACT HEAD PRO HOURS REQUIRE P % of
SITE NUl-'lBER PERSON HR. RATE FREE LESSONS HEAD
PRO
SALARY
TO CITY
Boca Raton- Public 393-7978 L. Mendelson $40.00 None 30%
Patch Reef (hard cts.) 997-0881 L. Folk $40.00 None 30%
Boynton Beach -Public 734-8556 R. Tabano $40.00 None None
Pompano - Public 786-4115 Barbara $36.00 20 hours None
per year
Palm Beach Seaview - 838-5404 M. Flynn $40.00 None None
Public
North Palm Beach - 626-6515 Pat $40.00 None None
Public
Quail Ridge 737-5100 M.A. Simescu $45.00 None None
Polo Club 995-1260 Lauren $50.00 None None
Hamlet 498-8186 J. Stromer $60.00 None None
Gleneagles 499-0211 D. Footer $50.00 None None
Newport Bay 241-5954 M. Wood $44.00 None None
Macci 278-1602 P. Mushea $75.00 None None
*SODTH OLIVE , (WPB) 582-7218 M Burn $30.00 6 hours per None
year
*Deerfield Beach 480-4422 Engelbert $32.00 None None
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* It should be noted th "it both Sout h Olive and Dee rfield Bea ch have hard c )urts
only. In West Palm Be "ich, the on... y other staffed public fa cility is Rowa d
Park., They recently d 'scharged th e pro and have no one und er contract. T 1ey
are drawing up a new :l.greement at this time.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tff1
SUBJECT: AGENDA ITEM it q C-.. - MEETING OF DECEMBER 7. 1993
RESOLUTION 108-93
'1
DATE: December 5, 1993
This is a resolution amending and restating Resolution No. 98-93 which
authorized the issuance of not to exceed $610,000 in aggregate
principal amount utilities Tax Revenue Notes, pursuant to a line of
credit made available through Sun Bank to increase the aggregate
principal amount of utilities Tax Revenue Notes to $810,000.
This line of credit was established to provide short term financing
for the tennis courts and related facilities (Phase II) and the
rehabilitation and reconstruction of the Pompey Park Pool.
The estimates for the Tennis Center were off by approximately
$125,000. In order to correct this deficiency the line of credit is
being increased. Additionally, it is anticipated that the Pompey Park
project will require extra funding based upon the Pompey Park
Committee/s recommendations.
Recommend approval of Resolution No. 108-93.
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RESOLUTION NO. 108-93
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING AND RESTATING RESOLUTION NO. 98-93
ENTITLED "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OP
DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE 01' NOT TO
EXCEED $610,000 IN AGGREGATE PRINCIPAL AHOUH'l' OF UTILITIES TAX
REVENUE NOTES, SUBORDINATE SERIES 1993, 01' THE CITY OP DELRAY
BEACH, FLORIDA, PURSUANT TO A LINE OF CREDIT MADE AVAILABLB
THROUGH SUN BANK/SOUTH FLORIDA, N.A., POR THE PURPOSB OP
PROVIDING SHORT TERM FINANCING FOR THE COSTS 01' TENNIS COURTS
AND RELATED FACILITIES, THE REHABILITATION AND RECONSTRUCTIOB
OF POMPEY PARK POOL AND TO PAY THE COSTS 01' ISSUANCE THEREOP;
PROVIDING FOR THE TERMS AND PAYMENT OF SAID UTILITIES TAX
REVENUE NOTES, SUBORDINATE SERIES 1993, AND THE RIGHTS,
REMEDIES AND SECURITY OF THE OWNERS THEREOF; MAKING CERTAIN
COVENANTS RELATING TO THE ISSUANCE OF SAID UTILITIES TAX
REVENUE NOTES, SUBORDINATE SERIES 1993; AUTHORIZING THE PROPER
OFFICERS OF THE CITY TO DO ALL OTHER~HINGS DEEMED NECESSARY
OR ADVISABLE IN CONNECTION WITH THE ISSUANCE OF SAID NOTES;
AND PROVIDING FOR AN EFFECTIVE DATE"; TO PROVIDE FOR THE
AUTHORIZATION TO ISSUE NOT TO EXCEED $810,000 IN AGGREGATE
PRINCIPAL AMOUH'l' OF UTILITIES TAX REVENUE NOTES, SUBORDINATE
SERIES 1993; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida (the IICity Commissionll), has determined that it is in the
best interest of the City of Delray Beach, Florida (the IICity"), to
provide short term financing of the Proj ects (as such term is
defined below);
WHEREAS, the City has determined, pursuant to the terms
and provisions of Resolution No. 98-93, adopted by the City
Commission on October 12, 1993 (the "Original Resolutionll), that it
is necessary to authorize the issuance of not to exceed $610,000
(the "Original Authorized Amount") aggregate principal amount of
City of Delray Beach, Florida, utilities Tax Revenue Notes,
Subordinate Series 1993 (the "Notesll), for the purpose of financing
the costs of construction, acquisition and equipping of the
Projects;
WHEREAS, the Notes shall be secured by a pledge of and
lien on the proceeds of the utilities Tax (as defined below),
subject and subordinate in all respects to the pledge of and lien
on such Utilities Tax proceeds for the payment of the outstanding
Bonds (as such term is defined below);
WHEREAS, the Notes will be issued on parity with the
City'S outstanding Utilities tax Revenue Notes, Subordinate Series
1992 (herein, the "Prior Notes");
C:\DATA\DELRAY\MAlT.36\RESO-I.V3 Res. No. 108-93
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WHEREAS, in light of present market conditions and the
immediate need to finance the Projects, the city Commission
determines it would be in the best interest of the City to sell the
Notes to SunBank/South Florida, N.A. (the "Bank"), on a negotiated
basis; and
WHEREAS, the Commission has determined it is necessary to
amend and restate the Original Resolution to increase the Original
Authorized Amount by $200,000, such additional authorized amount to
be used for the phase II Delray Beach Tennis Center project; and
WHEREAS, pursuant to that certain Agreement Regarding
Line of Credit, dated as of December 1, 1993 (the "Line of Credit
Agreement") , by and between the Bank and the City, the Bank has
agreed to make available to the City a closed-end line of credit in
the aggregate principal amount of not exceeding $810,000 (the "Line
of Credit").
NOW, THEREFORE, be it resolved by the City commission of
the City of Delray Beach, Florida, as follows:
C:\DA TA \DELRA Y\MA 'IT .36\RESO-J. V3 2 Res. No. 108-93
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ARTICLB I
STATUTORY AUTHORITY; FINDINGS AND DBFINITIONS
SECTION 1. 1. AUTHORITY FOR THIS RESOLUTION. This
Resolution is adopted pursuant to the provisions of the Charter of
the city of Delray Beach, Florida, as amended and supplemented, the
Florida Constitution, Chapter 166, Florida statutes, as amended and
supplemented, and other applicable provisions of law (collectively,
the "Act").
SECTION 1.2. FINDINGS. It is hereby ascertained,
determined and declared:
A. That the City hereby authorizes the following capital
projects and the financing and refinancing of such capital projects
subject to specific final approval by the City Commission of each
component set forth as follows: (i) the acquisition, construction
and equipping of phase II Delray Beach Tennis Center, including the
construction of the tennis courts, landscaping and irrigation,
electrical, plumbing, paving, drainage, site furniture and related
and incidental costs thereto in an amount not to exceed $600,000;
(ii) the rehabilitation and reconstruction of the City'S Pompey
Park Pool, including engineering costs and other related and
incidental costs thereto in an amount not to exceed $200,000; (iii)
certain infrastructure improvements and all other costs and
expenses associated therewith, as more fully set forth in Sec-
tion 1.2.G. hereof, inclUding the costs of issuing the Notes; and
(iv) any other capital project permitted under the Act, provided
that Bond Counsel shall first deliver to the City and the Bank an
opinion to the effect that the substitution of Projects will not
adversely affect the exclusion of interest on the Notes from gross
income for Federal income tax purposes ( collectively, the "Pro-
jects"). Such Projects may be initially financed from all or a
part of the proceeds derived from the Notes issued pursuant to this
Resolution, all in accordance with plans and specifications filed
or to be filed with and approved or to be approved by the City
commission.
B. That it is necessary and essential to construct and
acquire the Projects in order to preserve and promote the safety
and welfare of the citizens of the city and that such Projects will
be in the best economic interest of the city.
C. That the Projects will serve valid municipal
purposes.
D. That the City has heretofore issued and has now
outstanding $13,405,000,000 principal amount of utilities Tax
Revenue Refunding and Improvement Bonds, Series 1992 (the "1992
Bonds"), issued under the Original Resolution (as herein defined).
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E. That, pursuant to proceedings heretofore adopted, the
City has been levying a tax on the purchase of certain utilities
services (the "utilities Tax"), the proceeds of which tax are not
pledged or encumbered, in whole or in part, in any manner or for
any purpose other than for the payment of the outstanding Bonds and
the Prior Notes (as such terms are herein defined).
F. That the lien of the Notes authorized herein on the
proceeds of the utilities Tax, when issued, shall be junior and
subordinate, as to the lien of the outstanding Bonds on the
utilities Tax proceeds and in all other respects to the pledge and
lien granted to the outstanding Bonds.
G. That the cost of the Projects shall be deemed to
include, but not be limited to, the cost of construction and
improvements, the cost of real estate, including easements and
other interests therein, or any other property real or personal,
necessary therefor; administrative expenses; engineering and legal
expenses; expenses for fiscal agents or financial services; the
fees and expenses of Bond Counsel; expenses for estimates of costs
and of utilities Tax proceeds; expenses for plans, specifications
and surveys; and such other expenses as may be necessary or
incidental to the Projects and the issuance of the Notes herein
authorized.
H. That the principal of and interest on the Notes shall
be secured solely by and paid from the Pledged Revenues (as defined
herein); and the ad valorem taxing power of the City will never be
necessary or authorized to pay the principal of and interest on the
Notes, and the Notes issued pursuant to this Resolution shall not
constitute a lien upon any other property whatsoever of or in the
City.
I. That the Notes shall be issued on parity with the
Prior Notes.
J. That a negotiated sale of the Notes to the Bank is in
the best interest of the city by reason of the nature of and
schedule for the contemplated Projects and by virtue of the fact
that the Notes will not be rated or credit enhanced.
K. That the Line of Credit Agreement, in the form
attached hereto as Exhibi t B, is hereby approved, wi th such
omissions, insertions and variations as may be necessary and
desirable, as evidenced by the City's execution thereof and the
Mayor and City Clerk are hereby authorized to execute the same on
behalf of the city.
L. That the City hereby determines and certifies to the
Bank that it shall satisfy the requirements of section 3.8 of the
Prior Resolution prior to the issuance of the Notes.
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SECTION 1.3. DEFINITIONS. That, in addition to terms
defined elsewhere in this Resolution, the following terms shall
have the following meanings unless the context otherwise clearly
requires:
A. "Act" shall mean the Florida Constitution, Chapter
166, Florida statutes, as amended and supplemented, the Charter of
the City of Delray Beach, Florida, as amended and supplemented, and
other applicable provisions of the law.
B. "Assumed Amortization" shall mean only for purposes
of the additional obligation test set forth in Section 3.8 of this
Resolution, that principal on the outstanding balance of the Notes
shall be payable on each Interest Payment Date in equal install-
ments with a fifteen year term.
C. "Authorized Investments" shall mean any of the
following:
(a) u.s. obligations; --
(b) bonds, debentures, notes or other evidences of
indebtedness payable in cash issued by anyone or a
combination of any of the following federal agencies:
Farmer's Home Administration, Federal Housing Administra-
tion, Maritime Administration, Public Housing Authority,
Government National Mortgage Association;
(c) the following investments fully insured by the
Federal Deposit Insurance Corporation ("FDIC") (i)
certificates of deposit, (ii) savings account, (iii)
deposit accounts, or (iv) depository receipts of a bank,
savings and loan associations and mutual savings bank;
(d) certificates of deposit, either in excess of
FDIC insurance or without FDIC insurance, properly
secured at all times, by collateral security described in
clause (a) and (b) above or secured as required for a
"qualified public depository" under the Florida Security
for Public Deposits Act, being Chapter 280, Florida
Statutes, as amended, or any successor statute. Such
agreements are only acceptable with commercial banks,
savings and loan associations and mutual savings banks or
other "qualified public depository";
(e) commercial paper rated in one of the two highest
rating categories by at least two nationally recognized
rating agencies or commercial paper backed by a letter of
credit or line of credit rated in one of the two highest
rating categories;
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(f) written repurchase agreements with any bank,
savings institution or trust company which is insured by
the FDIC or with any broker dealer with retail customers
which falls under Securities Investors Protection
Corporation protection, provided that such repurchase
agreements are fully secured by collateral securi ty
described in clause (a) above, and provided further that
( i) such collateral is held by the city or any agent
acting solely for the City during the term of such
repurchase agreement, (ii) such collateral is not subject
to lien or claims of third parties, (iii) such collateral
has a market value (determined at least once every 14
days) at least equal to the amount invested in the
repurchase agreement, (iv) the City has a perfected first
security interest in the collateral, (v) the agreement
shall be for a term not longer than 270 days, and (vi)
the failure to maintain such collateral at the level
required in (iii) above will require the City to liqui-
date the collateral;
(g) money market funds rated in the highest rating
category of either standard & Poor's corporation or
Moody's Investors Service, or any successor thereto; and
(h) investments in the Local Government Surplus
Funds Trust Fund established pursuant to Part IV of
Chapter 218, Florida Statutes, as amended, or any
successor trust fund established for the investment of
surplus municipal funds.
D. "Bank" shall mean Sun Bank/South Florida, N.A., the
initial Noteholder.
E. "Bond Counsel" shall mean Mudge Rose Guthrie
Alexander & Ferdon or any other firm of nationally recognized bond
counsel selected by the city.
F. "City" shall mean the City of Delray Beach, Florida,
a municipal corporation in the County of Palm Beach, State of
Florida, and its successors and assigns.
G. "City Commission"" shall mean the duly constituted
governing body of the city.
H. "Code" shall mean the Internal Revenue Code of 1986,
the applicable Treasury Regulations promulgated thereunder and any
administrative or jUdicial interpretations of the same published in
a form on which the City may rely as a matter of law.
I. "Debt Service Fund" shall mean the Delray Beach
Subordinate Note Debt Service Fund, created and established
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pursuant to the Prior Resolution and continued and maintained under
this Resolution, and which is the fund in which the proceeds of the
utilities Tax shall be deposited by the City for the payment of the
Notes and Prior Notes in accordance with the provisions hereof and
in the Prior Resolution.
J. "Defeasance obligations" shall mean, to the extent
permitted by law, the following securities:
(a) u.s. obligations;
(b) Any bonds or other obligations of any state of
the United states of America or of any agency, instrumen-
tality or local governmental unit of any such state (i)
which are not callable prior to maturity or as to which
irrevocable instructions have been given to the trustee
of such bonds or other obligations by the obligor to give
due notice of redemption and to call such bonds for
redemption on the date or dates specified in such
instructions, (ii) which are secured as to principal and
interest and redemption premium, if any, by a fund
consisting only of cash or bonds or other obligations of
the character described in clause (a) hereof which fund
may be applied only to the payment of such principal of
and interest and redemption premium, if any, on such
bonds or other obligations on the maturity date or dates
thereof or the redemption date or dates specified in the
irrevocable instructions referred to in subclause (i) of
this clause (b), as appropriate, and (iii) as to which
the principal of and interest on the bonds and obliga-
tions of the character described in clause (a) hereof
which have been deposited in such fund along with any
cash on deposit in such fund are sufficient to pay
principal of and interest and redemption premium, if any,
on the bonds or other obligations described in this
clause (b) to and including the maturity date or dates
thereof or to and including the redemption date or dates
specified in the irrevocable instructions referred to in
subclause (i) of this clause (b), as appropriate;
(c) Evidences of indebtedness issued by the Federal
Home Loan Banks, Federal Home Loan Mortgage Corporation
(includingparticipationcertificates), Federal Financing
Banks, or any other agency or instrumentali ty of the
United states of America created by an act of Congress
provided that the obligations of such agency or instru-
mentality are unconditionally guaranteed by the United
states of America or any other agency or instrumentality
of the United states of America or of any corporation
wholly-owned by the United states of America; and
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(d) Evidences of ownership of proportionate inter-
ests in future interest and principal payments on
obligations described in (a) held by a bank or trust
company as custodian.
K. "Interest Rate" shall mean the rate of interest on
the Notes which, when calculated on an actual 365/366-day year
basis, shall be equal to four and thirty-five hundredths percent
(4.35%) per annum.
L. "Maturity Date" shall mean, with respect to the
unpaid principal of and interest on the Notes, December 1, 1994.
M. "1992 Bonds" shall mean the outstanding utilities Tax
Revenue Refunding and Improvement Bonds, Series 1992, authorized by
the Original Resolution.
N. "Notes" shall mean the not to exceed $S10, 000
aggregate principal amount of utilities Tax Revenue Notes,
Subordinate Series 1993, authorized by this Resolution.
o. "Noteholder" or "Owner" or "Holder" or any similar
term shall mean any person who shall be the registered owner of any
Note or Notes outstanding under this Resolution.
P. "Original Resolution" shall mean Resolution No.
9S-91, adopted by the City commission on December 3, 1991, as
amended and supplemented by Resolution No. lS-92, adopted by the
City commission on January 23, 1992, authorizing the issuance of
the 1992 Bonds.
Q. "Outstanding Bonds" shall mean the 1992 Bonds and any
additional parity obligations issued pursuant to the Original
Resolution.
R. "Paying Agent" shall mean the City'S Finance
Department or, if the City commission shall so determine by
subsequent proceeding, any bank or trust company and any successor
bank or trust company appointed by the city to act as Paying Agent
hereunder.
S. "Payment Date" shall mean each June 1 and December 1
commencing June 1, 1994, including the Maturity Date or any date
the principal of the Notes is optionally prepaid in whole or in
part.
T. "Pledged Revenues" shall mean all moneys on deposit
in the Debt Service Fund derived from the proceeds of the utilities
Tax required to be deposited therein each month after the deposits
required by Article III, Section 4.0 of the Original Resolution
have been made by the City, subject to the prior lien on such
moneys for the payment of the outstanding Bonds.
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U. "Prime Rate" shall mean the annual interest rate
announced by SunBanks, Inc., from time to time, as its "prime rate"
which interest rate is only a bench mark, is purely discretionary
and is not necessarily the best or lowest interest rate charged
borrowing customers of any subsidiary bank of SunBanks, Inc.
v. "Prior Notes" shall mean the City's outstanding
Utilities Tax Revenue Notes, Subordinate Series 1992, issued
pursuant to the terms and provisions of the Prior Resolution.
w. "Prior Resolution" shall mean Resolution No.. 116-92,
adopted by the City Commission on October 13, 1992, as amended and
supplemented by Resolution No. 118-92, adopted by the City
Commission on October 20, 1992, which resolutions authorized the
issuance of the Prior Notes.
x. "Registrar" shall mean the City's Finance Department
or, if the City Commission shall so determine by subsequent
proceeding, any bank or trust company and any successor bank or
rust company appointed by the City to ac~_as Registrar hereunder.
Y. "Resolution" shall mean this Resolution as the same
may from time to time be amended and supplemented in accordance
with the terms hereof.
z. "Tax Certificate" shall mean the Tax Certificate as
to Arbitrage and the provisions of section 141 through 150 of the
Internal Revenue Code of 1986 executed by the City on the date of
the first drawing.
AA. "U. S. Obligations" shall mean the direct obliga-
tions of, or obligations on which the timely payment of principal
and interest are unconditionally guaranteed by the United States of
America, and, if determined by subsequent proceedings of the City
Commission, certificates which evidence ownership of the right to
the payment of the principal of, or interest on, such obligations.
BB. "utilities Tax" shall mean the tax imposed by the
city on each and every purchase in the city of electricity, metered
and bottled gas (natural liquified petroleum gas or manufactured)
and telecommunication services. said term shall also apply to all
taxes imposed by the City on the purchase of utility services,
whether levied in the amounts prescribed by the utilities Tax
Ordinance or in any other amounts and whether imposed on the
purchase of the same utilities services or any other or additional
utilities services, either by amendment to the utilities Tax
Ordinance or otherwise.
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CC. "utilities Tax Ordinance" shall mean all proceedings
imposing the utilities Tax, including Ordinance No. 535 of the City
adopted on July 9, 1945, as amended, and every supplementary
ordinance or other ordinance in lieu thereof as may hereafter be
adopted.
Words importing singular number shall include the plural
number and vice versa, as the case may be, and words importing
persons shall include firms and corporations.
SECTION 1. .. . RESOLUTION CONSTITUTES CONTRACT. In
consideration of the acceptance of the Notes authorized to be
issued hereunder by those who shall own the same from time to time,
this Resolution shall be deemed to be and shall constitute a
contract between the City and the Noteholder and the covenants and
agreements herein and therein set forth to be performed by said
city shall be for the benefit, protection and security of the
Noteholder.
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ARTICLE II
AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF NOTES
SECTION 2.1. AUTHORIZATION OF NOTES. Subject and
pursuant to the provisions of this Resolution, obligations of the
City of Delray Beach, Florida, to be known as "utilities Tax
Revenue Notes, Subordinate Series 1993" are hereby authorized to be
issued in the aggregate principal amount of not exceeding Eight
Hundred Ten Thousand Dollars ($810,000) for the purpose of
providing short term financing for the costs of the Projects.
SECTION 2.2. DESCRIPTION OF NOTES. The text of the
Notes shall be substantially in the form attached hereto as Exhibit
A with such omissions, insertions and variations as may be
necessary and desirable, as evidenced by the City's execution
thereof.
The Notes ( ini tially issued in one (1) typewri tten
certificate) shall be dated the date of the first drawing. Except
as otherwise provided in Section 2.8 hereof, the Notes shall bear
interest on the outstanding principal amount of the Notes from time
to time at the Interest Rate and shall be payable on each Payment
Date, commencing June 1, 1994. The principal of the Notes and all
accrued and unpaid interest on the Notes shall be payable on the
Maturity Date. The Notes shall be issued in registered form.
Principal and interest shall be payable at the office of
the Paying Agent (the designated corporate trust office of the
Paying Agent if the City'S Finance Department is not the Paying
Agent) . The Notes shall be numbered in such manner as may be
prescribed by the Registrar.
The Notes shall be payable, with respect to interest and
principal, in any coin or currency of the United States of America
which at the time of payment is legal tender for the payment of
public and private debts.
The city may prepay the Notes in whole or in part, at any
time or from time to time, without penalty or premium, by paying to
the registered holder all or part of the principal amount of the
Notes, together with the unpaid interest accrued on the amount of
principal so prepaid to the date of such prepayment. Each
prepayment shall be made on such date and in such principal amount
as shall be specified by the City in a written notice delivered to
the registered owner not less than two (2) business days prior
thereto. Notice having been given as aforesaid, the principal
amount stated in such notice or the whole thereof, as the case may
be, shall become due and payable on the prepayment date stated in
such notice, together with interest accrued and unpaid to the
prepayment date on the principal amount then being paid; and the
amount of principal and interest then due and payable shall be paid
C:\DATA\DELRAY\MAIT.36\RESO-I.V3 11 Res. No. 108-93
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(i) in case the entire unpaid balance of the principal of the Notes
is to be paid, upon presentation and surrender of the Note or Notes
to the office of the Paying Agent (designated corporate trust
office, if the Paying Agent is not the City's Finance Department),
and (ii) in case only part of the unpaid balance of principal of
the Notes is to be paid, upon presentation of such Note or Notes at
the office of the Paying Agent (designated corporate trust office,
if the paying Agent is not the City's Finance Department) for
notation thereon of the amount of principal and interest on the
Notes then paid or for issuance of a replacement Note in the
principal amount not redeemed. Notwithstanding the provisions of
clause (ii) above, if all of the Notes are registered in the name
of the Bank, a partial prepayment may be effected by payment to the
Bank of the principal and interest then due without surrender of
the Notes; such payment to be evidenced by notation by the Bank and
the City on the marking grid on the Notes which may be separated
therefrom for such purpose. If, on the prepayment date, funds for
the payment of the principal amount to be prepaid, together with
interest to the prepayment date on such principal amount, shall
have been provided to the Paying Agent, as above provided, then
from and after the prepayment date interest on such principal
amount of the Notes shall cease to accrue. If said funds shall not
have been so paid on the prepayment date, the principal amount of
the Notes shall continue to bear interest until payment thereof at
the Interest Rate.
SECTION 2. 3 . EXECUTION OF THE NOTES. The Notes shall be
executed in the name of the City by the signature of the Mayor of
the City and its official seal shall be affixed thereto or
imprinted or reproduced thereon and attested by the City Clerk.
The signatures of the Mayor of the City and City Clerk on the Notes
may be manual or facsimile signatures. In case anyone or more of
the officers who shall have signed or sealed the Notes shall cease
to be such officer of the City before the Notes so signed and
sealed shall have been actually sold and delivered, such Notes may
nevertheless be sold and delivered as herein provided and may be
issued as if the person who signed or sealed such Notes had not
ceased to hold such office. The Notes may be signed and sealed on
behalf of the City by such person who at the actual time of the
execution of the Notes shall hold the proper office, although at
the date the Notes shall be actually delivered such person may not
have held such office or may not have been so authorized.
The Notes shall bear thereon a certificate of authentica-
tion, in the form set forth on Exhibit A attached hereto, executed
manually by the Registrar (when the City's Finance Department shall
act as Registrar, the certificate of authentication shall be
manually executed by the City's Finance Director). Only the Notes
as shall bear thereon such certificate of authentication shall be
entitled to any right or benefit under this Resolution and no Notes
shall be valid or obligatory for any purpose until such certificate
of authentication shall have been duly executed by the Registrar.
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The certificate of authentication of the Registrar upon the Notes
executed on behalf of the city shall be conclusive evidence that
the Notes so authenticated have been duly authenticated and
delivered under this Resolution and that the Owner thereof is
entitled to the benefits of this Resolution.
SECTION 2.". NEGOTIABILITY, REGISTRATION AND CAHCBL-
LATION. The Registrar shall keep books for the registration of
the Notes and for the registration of transfers of the Notes. The
Notes shall be transferable at the option of the registered Owner
thereof, but subject to the prior written approval of the City's
Director of Finance (which shall not be withheld if the intended
transferee provides a suitability letter addressed to the City as
to the sophistication of the investor), and upon surrender thereof
at the office of the Registrar (the designated corporate trust
office of the Registrar if the City's Finance Department is not the
Registrar) with a written instrument of transfer satisfactory to
the Registrar duly executed by the registered Owner or his duly
authorized attorney. Upon the transfer of such Note, the city
shall issue in the name of the transferee~ new Note.
The City, the Paying Agent and the Registrar shall deem
and treat the person in whose name the Notes shall be registered
upon the books kept by the Registrar as the absolute Owner of such
Notes, whether such Notes shall be overdue or not, for the purpose
of receiving payment of, or on account of, the principal of and
interest on such Notes as the same become due and for all other
purposes. All such payments so made to any such Owner or upon
his/her order shall be valid and effectual to satisfy and discharge
the liability upon such Notes to the extent of the sum or sums so
paid, and neither the city, the Paying Agent nor the Registrar
shall be affected by any notice to the contrary.
In all cases in which the privilege of transferring the
Notes is exercised, the City shall execute and the Registrar shall
authenticate and deliver the Notes in accordance with the provi-
sions of this Resolution. The Notes surrendered in any such
transfers shall forthwith be delivered to the Registrar and
cancelled by the Registrar in the manner provided in this section.
There shall be no charge for any transfer of the Note, but the city
or the Registrar (if not the City'S Finance Department) may require
the payment of a sum sufficient to pay any tax, fee or other
governmental charges required to be paid with respect to such
transfer.
The Notes paid or redeemed, in whole, either at or before
maturity, shall be delivered to the Registrar when the payment or
redemption is made, and such Notes shall thereupon be promptly
cancelled. The Notes so cancelled may at any time be destroyed by
the Registrar, who shall execute a certificate of destruction in
duplicate by the signature of one of its authorized officers
describing the Notes, and one executed certificate shall be filed
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with the City and the other executed certificate shall be retained
by the Registrar.
SECTION 2. 5 . MUTILATED, DESTROYED, STOLEN OR LOST NOTES.
In case any Note shall become mutilated, destroyed, stolen or lost,
the City may execute and the Registrar shall authenticate and
deliver a new Note of like date, maturity and denomination as the
Note so mutilated, destroyed, stolen or lost; provided that, in the
case of any mutilated Note, such mutilated Note shall first be
surrendered to the City and, in the case of any lost, stolen or
destroyed Note, there shall first be furnished to the City and the
Registrar (if not the City's Finance Department) evidence of such
loss, theft, or destruction satisfactory to the City and the
Registrar, together with indemnity satisfactory to them. In the
event the Note shall be about to mature or have matured, instead of
issuing a duplicate Note, the city may pay the same without
surrender thereof. The City and the Registrar (if not the City's
Finance Department) may charge the Owner of such Note their
reasonable fees and expenses in connection with this transaction.
Any Note surrendered for replacement shall be cancelled in the same
manner as provided in section 2.4 hereof.
Any such duplicate Note issued pursuant to this section
shall constitute additional contractual obligations on the part of
the City, whether or not the lost, stolen or destroyed Note be at
any time found by anyone, and such duplicate Note shall be entitled
to equal proportionate benefits and rights as to lien on the source
and security for payment from Pledged Revenues with the Note issued
hereunder.
SECTION 2.6. CONDITIONS FOR DRAWING UNDER THE LINE OF
CREDIT AND ISSUANCE OF THE NOTE. In connection with a drawing
under the Line of Credit (a "Drawing" ) the following conditions
will apply:
A. Except in the case of the initial Drawing, written
notice (signed by the City Manager, Finance Director or Treasurer
of the city) of the City's intention to make a Drawing at least two
(2) business days prior to the date specified for such Drawing
(such notice shall confirm that the city is in compliance with the
covenants set forth in Section 3.4 hereof, Section 3.8 of the Prior
Resolution, and that the use of moneys from a Drawing will be in
compliance with Section 3.6 hereof); and
B. Only with respect to the first Drawing, a fully
executed Tax Certificate, dated as of the date of such Drawing; and
C. Only with respect to the first Drawing, a copy of a
completed and executed Form 8038-G to be filed with the Internal
Revenue Service; and
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D. Only with respect to the first Drawing, an Opinion of
Bond Counsel, satisfactory to the Noteholder, regarding the due
authorization, execution, delivery, validity and enforceability of
the Notes and the due adoption of this Resolution and the original
Resolution (enforceability of such instruments may be subject to
standard bankruptcy exceptions and the like) and the exclusion of
interest on the Notes from gross income for Federal income tax
purposes, that the Notes are not specified "private activity bonds"
within the meaning of section 57(a) (5) of the Code and, therefore,
the interest on the Notes will not be treated as a preference item
for purposes of computing the alternative minimum tax imposed by
Section 55 of the Code (however, a portion of the interest on the
Notes owned by corporations may be subject to the Federal alterna-
tive minimum tax which is based in part on adjusted current
earnings); and
E. Only with respect to the first Drawing, an Opinion of
the City Attorney, satisfactory to the Noteholder, regarding the
due authorization, execution, delivery, validity and enforceability
of the Notes and the due adoption of this Resolution and the
Original Resolution (enforceability may be subject to standard
bankruptcy exceptions and the like).
F. wi th respect to the First Drawing, a general
certificate of the City in form satisfactory to the Bank.
SECTION 2.7. GRID NOTATION. wi th respect to Drawings on
the Line of Credit and repayments, in part thereof, the City and
the Bank shall make the appropriate notations on the "Grid"
attached to the Note which may be separated therefrom for such
purpose.
SECTION 2.8. INTEREST RATE ADJUSTMENT. I f the interest
on the Notes while registered in the name of the Bank becomes
includable in the gross income of the Bank for Federal income tax
purposes as determined in the manner set forth below (herein a
"Determination of Taxability") the interest rate on the Notes shall
be adjusted so that the Notes shall bear interest at the Prime
Rate. A Determination of Taxability shall have deemed to occur
when (i) the Bank has been advised in writing by the Internal
Revenue Service that the interest payable on the Notes must be
includable in the gross income of the Bank for Federal income tax
purposes or (ii) the entry by a court of a final judgment or order
or the promulgation by the Internal Revenue Service of a final
rUling or decision, in either such case to the effect that the
interest on the Notes is includable for Federal income tax purposes
in the gross income of the Bank.
A Determination of Taxability shall not include inclusion
of interest on any Note in the income of the Bank for purposes of
any alternative minimum tax, environmental tax or branch profits
tax.
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In the case of (i) above, no Determination of Taxability
shall be deemed to occur unless the City has been given timely
written notice by the Bank of such determination by the Internal
Revenue Service and an opportunity to participate in and seek at
its own expense, a final administrative determination or determina-
tion by a court of competent jurisdiction (from which no further
right of appeal exists) as to the existence of such Determination
of Taxability; provided that the City, at its own expense, delivers
to the Bank an opinion of Bond Counsel acceptable to the Bank to
the effect that such appeal or action for judicial or administra-
tive review is not without merit and there is a reasonable
possibility that the judgment, order, ruling or decision from which
such appeal or action for judicial or administrative review is
taken will be reversed, vacated or otherwise set aside.
In the event of a Determination of Taxability, the City
covenants that it shall also pay any additions to tax or penalties,
resulting from the interest on the Notes being includable in the
Bank's gross income for Federal income tax purposes, and any
arrears in interest reSUlting from such Determination of Taxabili-
ty. Any such additional amounts (established to the satisfaction
of the city) shall be payable by the city to the Bank on the next
succeeding Payment Date or, if such amounts become payable after
the Maturity Date of the Notes within 60 days of the date the City
is notified by the Bank that such amounts are due.
C:\DATA\DELRAY\MATT.36\RESO-I.V3 16 Res. No. 108-93
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ARTICLE III
COVENANTS, FUNDS AND APPLICATION THEREOF
SECTION 3.1. NOTES NOT TO BE INDEBTEDNESS OF THE CITY.
The Notes shall not be or constitute an indebtedness of the city
wi thin the meaning of any consti tutional, statutory or other
limi tat ion of indebtedness, but shall be secured solely by and
payable from the Pledged Revenues. No Noteholder shall ever have
the right to compel the exercise of the ad valorem taxing power of
the City, or taxation in any form of any real property therein, to
pay said Notes or the interest thereon. The pledge of the Pledged
Revenues will not constitute a lien upon any property of the City.
SECTION 3.2. NOTES JUNIOR AND SUBORDINATE TO OUTSTANDING
BONDS. The lien of the Notes on the Pledged Revenues shall be
junior and subordinate, as to the lien of the Outstanding Bonds on
the Utilities Tax proceeds and in all other respects, to the pledge
and lien granted to the outstanding Bonds.
SECTION 3.3. NOTES SECURED BY PLEDGE OF PLEDGED
REVENUES. From and after the issuance of any of the Notes, and
continuing until the payment of all Notes as to principal and
interest, the Pledged Revenues shall continue to be pledged,
subject to the prior lien with respect to the utilities Tax
proceeds set forth in Section 3.2, for the prompt payment of
principal of and interest on said Notes. The Notes shall be issued
on parity in all respects with the City'S outstanding Prior Notes.
SECTION 3.4. COVENANTS OF THE CITY. As long as any of
the principal of or interest on any of the Notes shall be outstand-
ing and unpaid, or until there shall have been set apart in the
Debt Service Fund in accordance with Section 3.7 hereof a sum
sufficient to pay, when due, the entire principal of the Notes
remaining unpaid, together with interest accrued and to accrue
thereon, the City covenants with the Noteholder as follows:
A. Tax Covenants Relating to the Internal Revenue Code
of 1986, as amended. (1) In order to maintain the exclusion from
gross income for purposes of Federal income taxation of interest on
the Notes, the City covenants to comply with each requirement of
the Code. In furtherance of the covenant contained in the
preceding sentence, the City agrees to continually comply with the
provisions of the Tax Certificate to be executed by the City and
delivered on the date of issuance and delivery of the Notes, as
such certificate may be amended from time to time, as a source of
guidance for achieving compliance with the Code.
(2) The city covenants and agrees with the Noteholders
that the City shall not take any action or omit to take any action,
which action or omission, if reasonably expected on the date of
initial issuance and delivery of the Notes, would cause any of the
C:\DATA\DELRAY\MAIT.36\RESO-I.V3 17 Res. No. 108-93
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Notes to be "private activity bonds" or "arbitrage bonds" within
the meaning of Sections 141(a) and 148(a), respectively, of the
Code.
(3) The City shall make any and all payments required to
be made to the United States Department of the Treasury in
connection with the Notes pursuant to section 148(f) of the Code.
(4) Notwithstanding any other provision of this
Resolution to the contrary, as long as necessary in order to
maintain the exclusion from gross income for purposes of Federal
income taxation of interest on the Notes, the covenants contained
in this section shall survive the payment of the Notes and the
interest thereon, including any payment or discharge thereof
pursuant to section 3.7 of this Resolution.
B. continuation of Debt Service Fund. There was created
and established under the Prior Resolution the following fund
entitled the "Delray Beach Subordinate Note Debt Service Fund"
(hereinafter referred to as the "Debt Service Fund"). Such Debt
Service Fund shall be continued and maintained for the purpose of
paying the Notes. The Debt Service Fund shall constitute a trust
fund for the benefit of the Noteholder and shall be held by the
City and shall be kept separate and distinct from all other funds
of the City, and shall be used only for the purpose and in the
manner provided in the Prior Resolution and in this Resolution.
Notwithstanding the provisions of the next preceding sentence, the
City may deposit the proceeds of the utilities Tax in a single bank
account for the City, provided that adequate accounting procedures
are maintained to reflect and control the restricted allocations of
the funds on deposit therein for the various purposes of such
funds. The designation and establishment of the Debt Service Fund
in and by the Prior Resolution and continuation hereunder shall not
be construed to require the establishment of any completely
independent self-balancing fund, as such term is commonly defined
and used in governmental accounting, but rather is intended solely
to constitute an allocation of certain revenues of the city for
certain purposes and to establish certain priorities for applica-
tion of such revenues as provided herein.
Any excess amounts remaining in the Debt Service Fund
after payment has been made on the Notes and Prior Notes on any
Payment Date, may be withdrawn and deposited at the direction of
the City to be used for any lawful municipal purpose.
Moneys on deposit in the Debt Service Fund may be
invested in Authorized Investments, provided such investments
mature not later than the next succeeding Payment Date. SUbject to
the terms and provisions of the Code, all income and earnings
received from the investment and reinvestment of the moneys on
deposit in the Debt Service Fund shall remain on deposit in the
C:\DATA\DELRAY\MAIT.36\RESO-I.V3 18 Res. No. 108-93
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Debt Service Fund and be used in the same manner as other moneys on
deposit therein.
C. Disposition of Pledged Revenues. Not later than the
fifteenth day of each month, the City shall deposit in the Debt
Service Fund the proceeds of the utilities Tax, subject to and
dependent upon satisfaction of all current deposit requirements of
such utilities Tax proceeds set forth in Article III, Section 4.D
of the Original Resolution, in addition to the amounts required to
be deposited therein to pay the Prior Notes, as set forth in the
Prior Resolution, an amount equal to one-sixth (1/6) of an amount
sufficient to pay the interest becoming due on the Notes on the
next Payment Date, and shall further cause to be deposited into the
Debt Service Fund one business day prior to each Payment Date the
proceeds of the utilities Tax in an amount necessary to satisfy any
deficiency in the Debt Service Fund on such date; provided,
however, that such deposit of the interest amount shall not be
required to be made to the extent that moneys on deposit in the
Debt Service Fund are sufficient for such purpose. The city
covenants to deposit, on the business day prior to the Maturity
Date, the proceeds of the utilities Tax (or other legally available
moneys) into the Debt Service Fund in an amount sufficient to pay
the outstanding principal of and interest on the Notes.
D. Levy of utilities Tax. The City will not repeal,
amend or modify the Utilities Tax Ordinance in any manner so as to
(i) impair or adversely affect the power and obligation of the City
to levy and collect the Utilities Tax, (ii) impair or adversely
affect in any manner the pledge of the Utilities Tax made herein,
or (iii) reduce the rate at which the utilities Tax is collected or
the persons from whom it is collected.
E. Enforcement of Collections. The City will diligently
enforce and collect the utilities Tax, will take steps, actions and
proceedings for the enforcement and collection of such utilities
Tax as shall become delinquent to the full extent permitted or
authorized by law, and will maintain accurate records with respect
thereof.
F. Budget and Other Financial Information. The city
shall demonstrate in each annual budget that there are sufficient
proceeds of the utilities Tax to pay the principal of and interest
on the Prior Notes, the Notes, and the outstanding Bonds coming due
in such fiscal year. The City shall, upon the request of the Bank,
provide the Bank with a copy of its annual budget and such other
financial information regarding the City as the Bank may reasonably
request.
SECTION 3.5. REMEDIES OF NOTEHOLDER. Should the city
default in any obligation created by this Resolution or the Prior
Resolution, the Noteholders may, in addition to any remedy set
forth in this Resolution, either at law or in equity, by suit,
C:\DATA\DELRAY\MAIT.36\RESO-I.V3 19 Res. No. 108-93
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action, mandamus or other proceeding in any court of competent
jurisdiction, protect and enforce any and all rights under the laws
of the state of Florida, or granted and contained in this Resolu-
tion or the Prior Resolution, and may enforce and compel the
performance of all duties required by this Resolution or the Prior
Resolution, or by any applicable statutes to be performed by the
City or by any officer thereof. The city hereby agrees with the
Noteholders that the filing of any bankruptcy or insolvency under
any federal or state law by or against the City which is not
dismissed with prejudice within 30 days of such filing shall give
the Noteholders the right to exercise any of the remedies provided
to them under this Section 3.5. In addition, if the City shall
breach any of its obligations set forth in the Original Resolution
the Noteholders will have the right to exercise any of the remedies
provided to them under this Section 3.5. Notwithstanding anything
in this section 3.5 to the contrary the Noteholders' right to
exercise any remedy permitted hereunder shall be subordinate in all
respect to the rights of the owners of the outstanding Bonds.
SECTION 3. 6. APPLICATION OF NOTE PROCEEDS. The proceeds
of the Notes shall be used to provide short term financing for the
costs of the Projects. The City may substitute any of the Projects
for any other capital project permitted under the Act; provided
that Bond Counsel shall first deliver to the City and the Bank an
opinion to the effect that the substitution of Projects will not
adversely affect the exclusion of interest on the Notes from gross
income for Federal income tax purposes.
SECTION 3.7. DISCHARGE AND SATISFACTION OF NOTES. The
covenants, liens and pledges entered into, created or imposed
pursuant to this Resolution may be fully discharged and satisfied
with respect to the Notes in anyone or more of the following ways:
(a) by paying the principal of and interest on the
Notes when the same shall become due and payable; or
(b) by depositing in the Debt Service Fund or such
other accounts as the City may hereafter create and
establish by resolution moneys sufficient at the time of
such deposit to pay the Notes and all interest thereon as
the same become due on said Notes on or prior to the
maturity date thereof; or
( c) by depositing in the Debt Service Fund or such
other accounts as the City may hereafter create and
establish by resolution (which Debt Service Fund or other
account and all moneys and securities deposited therein
shall be irrevocably pledged to the Noteholders for the
payment of the Notes and all interest thereon) moneys
which, when invested in Defeasance Obligations, will
provide moneys which shall be sufficient to pay the Notes
and, all interest thereon as the same shall become due on
C:\DA TA\DELRA Y\MA IT.36\RESO-I. V3 20 Res. No. 108-93
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said Notes on or prior to the maturity date thereof.
Upon such payment or deposit in the amount and manner
provided in this section 3.7, the Notes shall no longer
be deemed to be outstanding for the purposes of this
Resolution and the Prior Resolution, and all liability of
the city with respect to the Notes shall cease, terminate
and be completely discharged and extinguished, and the
Noteholders shall be entitled for payment solely out of
the moneys or securities so deposited.
SECTION 3.8. ADDITIONAL OBLIGATIONS. The City covenants
with the Noteholders that as long as the Notes issued under this
Resolution are outstanding, it will not issue any J2gi Dassu
additional Bonds (as such term is defined in the Original Resolu-
tion) or any other debt obligations secured by a pledge of the
proceeds of the utilities Tax which would be junior, inferior and
subordinate to the Outstanding Bonds and/or on parity with or
junior to the Notes {collectively referred to as "utility Tax
Debt"} unless the following conditions are complied with.
(a) The City must be current in all deposits into
the various funds and accounts and all payments required
to have been theretofore deposited or made by it under
the provisions of the original Resolution, the Prior
Resolution, and this Resolution, and any supplemental
resolutions hereafter adopted for the issuance of
utilities Tax Debt, and has complied with the covenants
and provisions of the Original Resolution, the Prior
Resolution, and this Resolution, and any supplemental
resolutions hereafter adopted for the issuance of
utilities Tax Debt.
(b) The utilities Tax proceeds collected by the
City during any twelve (12) consecutive months of the
eighteen (18) months immediately preceding the issuance
of said utilities Tax Debt, as evidenced by a certificate
executed by the Finance Director of the City and as may
be adjusted, as hereinafter provided, will be equal to
one hundred twenty-five per centum (125%) of the maximum
annual debt service on (1) the Outstanding Bonds issued
pursuant to the original Resolution then outstanding, (2)
the outstanding Prior Notes, (3) the outstanding Notes
heretofore issued (assuming, for purposes of this section
only, that the entire authorized amount of $810,000 has
been issued) less any repayments of principal made by the
City, and (4) the utilities Tax Debt then proposed to be
issued; provided that for the purpose of determining the
maximum annual debt service under this section, the
interest rate on variable or adjustable rate utilities
Tax Debt then outstanding shall be the greater of (i) the
average daily interest rate on such variable or adjust-
able rate Utilities Tax Debt during the preceding Fiscal
C:\DATA\DELRAY\MATT.36\RESO-I.V3 21 Res. No. 108-93
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Year, or (ii) the actual rate of interest applicable to
such variable or adjustable rate utilities Tax Debt on
the date of issuance of such variable or adjustable rate
utilities Tax Debt; and provided further, that if
variable or adjustable rate utilities Tax Debt is to be
issued, the interest rate thereon shall be calculated in
accordance wi th the 30-year Revenue Bond Index, as
published by The Bond Buver as of the last week of the
month preceding the date of issuance of such variable or
adjustable rate utilities Tax Debt, or if that index is
no longer pUblished, the interest rate as of the last
week of such month, as published in an index that is
deemed to be sUbstantially equivalent. If the city,
prior to the issuance of the proposed utilities Tax Debt
shall have, by amendment or supplement to the utilities
Tax Ordinance, increased the utilities Tax to be collect-
ed, the utilities Tax proceeds for the twelve (12)
consecutive months immediately preceding the issuance of
the utilities Tax Debt shall be adjusted to include the
utilities Tax proceeds which would have been collected by
the city in such twelve (12) consecutive months as if
such increase in the utilities Tax had been in effect
during all of such twelve (12) consecutive months.
(c) In the event any utilities Tax Debt is issued
for the purpose of refunding any utilities Tax Debt then
outstanding, the condition of paragraph (2) above shall
not apply, provided that the issuance of such utilities
Tax Debt shall result in a reduction or shall not
increase the annual debt service payments over the life
of the utilities Tax Debt so refunded.
For purposes of paragraph (b) set forth above, the
principal component of the maximum annual debt service on the Notes
shall be determined by using the Assumed Amortization.
C:\DATA\DELRAY\MATT.36\RESO-I.V3 22 Res. No. 108-93
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ARTICLE IV
MISCELLANEOUS PROVISIONS
SECTION 4. 1. MODIFICATION OR AMENDMENT. Except as
provided in the next succeeding paragraph, no modification or
amendment of this Resolution or of any resolution amendatory
thereof or supplemental thereto, may be made without the consent in
writing of all of the Noteholders.
This Resolution may be amended, changed, modified and
altered without the consent of the Noteholders, (i) to cure any
ambiguity, correct or supplement any provision contained herein
which may be defective or inconsistent with any other provisions
contained herein, (ii) to provide other changes which will not
adversely affect the interest of such Noteholders, or (iii) to
maintain the exclusion of interest on the Notes from gross income
for Federal income tax purposes.
SECTION 4.2. ADDITIONAL AUTHORIZATION. The Mayor, the
City Manager, the Finance Director and any other proper official of
the City, be and each of them is hereby authorized and directed to
execute and deliver any and all documents and instruments and to do
and cause to be done any and all acts and things necessary or
proper for carrying out the transactions contemplated by this
Resolution.
SECTION 4.3. SEVERABILITY OF INVALID PROVISIONS. If any
one or more of the covenants, agreements or provisions of this
Resolution should be held contrary to any express provision of law
or contrary to the policy of express law, though not expressly
prohibited, or against public pOlicy, or shall for any reason
whatsoever be held invalid, then such covenants, agreements or
provisions shall be null and void and shall be deemed separate from
the remaining covenants, agreements or provisions, and shall in no
way affect the validity of any of the other provisions of this
Resolution or of the Notes issued hereunder.
SECTION 4.4. REPEALER. All resolutions and orders, or
parts thereof, in conflict herewith are, to the extent of such
conflict, hereby repealed, and this Resolution shall take effect
upon its passage in the manner provided by law.
C:\DATA\DELRAY\MAIT.36\RESO-I.V3 23 Res. No. 108-93
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SECTION 4.5. EFFECTIVE DATE. This Resolution shall be
effective immediately upon its adoption.
Passed and adopted in regular session on this 7th day of
December, 1993.
Attest:
Mayor
City Clerk
The foregoing resolution and the form of Note therein
contained are hereby approved by me as to form, language and
execution this 7th day of December, 1993.
City Attorney
C:\DA TA \DELRA Y\MA IT.36\RESO-I. V3 24 Res. No. 108-93
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Exhibit A
FORM OF NOTE
No. R-_
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF DELRAY BEACH, FLORIDA
utilities Tax Revenue Note, Subordinate Series 1993
Interest Maturity Dated
Rate Date Date
[4.35%] December 1, 1994 __, 1993
Registered Owner: Sun Bank/South Florid~N.A.
Principal Amount: Not to Exceed $810,000
KNOW ALL MEN BY THESE PRESENTS, that the City of Delray
Beach (the "City") in Palm Beach County, Florida, for value
received, hereby promises to pay from the sources herein mentioned,
to the Registered Owner specified above or registered assigns on
the Maturity Date specified above, upon the presentation and
surrender hereof at the city's Finance Department or (if so
determined by the City) the designated trust office of the bank or
trust company appointed by the City to act as paying agent (said
City'S Finance Department or such bank or trust company and any
bank or trust company becoming successor paying agent being herein
called the "Paying Agent"), the principal Amount of $810,000 or
such lesser amount either advanced by SunBank/South Florida, N.A.,
to the City pursuant to the Note Resolution (as herein defined) or
as a result of partial prepayment of this Note, wi th interest
thereon at the Interest Rate specif ied above calculated on the
basis of the actual number of days elapsed in a 365/366-day year,
on the Maturity Date in the manner specified in the within
described Resolution to the registered owner. The Principal Amount
and accrued interest thereon is payable in any coin or currency of
the United States of America, which, on the date of payment
thereof, shall be legal tender for the payment of pUblic and
private debts.
This Note is authorized to be issued in a principal
amount of not exceeding $810,000 under the authority of and in full
compliance with the Consti tution and statutes of the State of
Florida, including, particularly, Chapter 166, Florida Statutes, as
amended and supplemented, the Charter of the City of Delray Beach,
Florida, as amended and supplemented, and other applicable
C:\DATA\DELRAY\MAIT.36\RESO-I.V3 25 Res. No. 108-93
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provisions of law (the "Act"), and Resolution No. 98-91, duly
adopted by the city on the 3rd day of December 1991 (the "Original
Resolution"), Resolution No. 116-92, duly adopted on October 13,
1992, as amended and supplemented (the "Prior Resolution"), and
Resolution No. 9S-93, duly adopted by the City on October 12, 1993,
as amended and restated on December 7, 1993, by Resolution No. 10S-
93 (collectively, "the Note Resolution"), as such resolutions may
be further amended and supplemented from time to time, and is
subject to all terms and conditions of said resolutions (the
Original Resolution, the Prior Resolution, and the Note Resolution
are sometimes, collecti vely, referred to as the "Resolution") . Any
term used in this Note and not otherwise defined, shall have the
meaning ascribed to such term in the Note Resolution.
It is hereby certified and recited that all acts,
conditions and things required to exist, to happen, and to be
performed, precedent to and in the issuance of this Note exist,
have happened and have been performed in regular and due form and
time as required by the Laws and Constitution of the state of
Florida and the Charter of the city applicable thereto, and that
the issuance of this Note, is in full compliance with all constitu-
tional or statutory limitations or provisions.
This Note shall not be valid or become obligatory for any
purpose or be entitled to any security or benefit under the Note
Resolution until the certificate of authentication hereon shall
have been signed by an authorized officer of the Registrar.
Except as otherwise provided in the Note Resolution in
the event of a Determination of Taxability, this Note shall bear
interest at the Interest Rate.
Interest shall only be payable on June 1, 1994, and each
June 1 and December 1 thereafter until the outstanding principal of
the Notes is paid on the Maturity Date or earlier optional
prepayment (each a "Payment Date") . The principal of and interest
on the Notes shall be secured solely by and payable from the
Pledged Revenues (as defined below).
"Original Resolution" shall mean Resolution No. 9S-91,
adopted by the City Commission on December 3, 1991, as amended and
supplemented by Resolution No. lS-92, adopted by the city Commis-
sion on January 23, 1992, authorizing the issuance of the 1992
Bonds.
"Pledged Revenues" shall mean all moneys on deposit in
the Debt Service Fund (created and established under the Note
Resolution) derived from the proceeds of the utilities Tax required
to be deposited therein each month after the deposits required by
Article III, Section 4.D of the original Resolution have been made
by the City, subject to the prior lien on such moneys for the
payment of the Outstanding Bonds.
C:\DA TA \DELRA Y\MA IT .36\RESO-I. V3 26 Res. No. 10S-93
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"utilities Tax" shall mean the tax imposed by the City on
each and every purchase in the City of electricity, metered and
bottled gas (natural liquified petroleum gas or manufactured) and
telecommunication services. Said term shall also apply to all
taxes imposed by the city on the purchase of utility services,
whether levied in the amounts prescribed by the utilities Tax
Ordinance or in any other amounts and whether imposed on the
purchase of the same utilities services or any other or additional
utilities services, either by amendment to the utilities Tax
Ordinance or otherwise.
"utilities Tax Ordinance" shall mean all proceedings
imposing the utilities Tax, including Ordinance No. 535 of the City
adopted on July 9, 1945, as amended, and every supplementary
ordinance or other ordinance in lieu thereof as may hereafter be
adopted.
The City may prepay this Note in whole or in part, at any
time or from time to time, without penalty or premium, by paying to
the registered holder all or part of the principal amount of this
Note, together with the unpaid interest accrued on the amount of
principal so prepaid to the date of such prepayment. Each
prepayment shall be made on such date and in such principal amount
as shall be specified by the city in a written notice delivered to
the registered owner not less than two (2) business days prior
thereto. Notice having been given as aforesaid, the principal
amount stated in such notice or the whole thereof, as the case may
be, shall become due and payable on the prepayment date stated in
such notice, together with interest accrued and unpaid to the
prepayment date on the principal amount then being paid; and the
amount of principal and interest then due and payable shall be paid
(i) in case the entire unpaid balance of the principal of this Note
is to be paid, upon presentation and surrender of the Note to the
office of the Paying Agent (designated corporate trust office, if
the Paying Agent is not the city's Finance Department), and (ii) in
case only part of the unpaid balance of principal of this Note is
to be paid, upon presentation of such Note at the office of the
Paying Agent (designated corporate trust office, if the Paying
Agent is not the City's Finance Department) for notation thereon of
the amount of principal and interest on the Note then paid or for
issuance of a replacement Note in the principal amount not
redeemed. Notwithstanding the provisions of clause (ii) above, if
all of the Notes are registered in the name of the Bank, a partial
prepayment may be effected by payment to the Bank of the principal
and interest then due without surrender of this Note; such payment
to be evidenced by notation by the Bank and the City on the marking
grid attached hereto which may be separated therefrom for such
purpose. If, on the prepayment date, funds for the payment of the
principal amount to be prepaid, together with interest to the
prepayment date on such principal amount, shall have been provided
to the Paying Agent, as above provided, then from and after the
prepayment date interest on such principal amount of this Note
C:\DATA\DELRAY\MATT.36\RESO-I.V3 27 Res. No. 10S-93
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shall cease to accrue. If said funds shall not have been so paid
on the prepayment date, the principal amount of the Note shall
continue to bear interest until payment thereof at the Interest
Rate provided for herein.
This Note shall not be and shall not constitute an
indebtedness of the City within the meaning of any constitutional,
statutory, charter or other limitations of indebtedness but shall
be secured solely by and payable from the Pledged Revenues. No
Holder of this Note shall ever have the right to compel the
exercise of ad valorem taxing power of the City, or taxation in any
form of any real property therein to pay the Note or the interest
thereon.
The terms and provisions of the Note Resolution are
incorporated in this Note as though such terms and provisions have
been set out in full herein.
THE LIEN OF THE NOTES ON THE PROCEEDS OF THE UTILITIBS
TAX SHALL BE JUNIOR AND SUBORDINATE, AS TO THE LIEN OF THB
OUTSTANDING BONDS ON THE UTILITIES TAX PROCEEDS AND IN ALL OTHER
RESPECTS TO THE PLEDGE AND LIEN GRANTED TO THE OUTSTANDING BONDS.
This Note is issued on parity in all respects with the
city's outstanding utilities Tax Revenue Note, Subordinate Series
1992, issued pursuant to the Prior Resolution.
IN WITNESS WHEREOF, the city of Delray Beach, Florida,
has caused this Note to be signed by its Mayor, either manually or
with his facsimile signature, and the seal of the City Commission
of the City of Delray Beach, Florida, to be affixed hereto or
imprinted or reproduced hereon, and attested by the Clerk of the
City, either manually or with her facsimile signature, and this
Note to be dated the Dated Date set forth above.
( SEAL) CITY OF DELRAY BEACH, FLORIDA
ATTEST: By:
Mayor
Clerk of the City of Delray
Beach, Florida
C:\DA TA \DELRA Y\MA TT.36\RBSO-I. V3 28 Res. No. 108-93
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FORM OF CERTIFICATE OF AUTHENTICATION
Date of Authentication: , 1993
This Note is the Note delivered pursuant to the within
mentioned Resolution.
CITY OF DELRAY BEACH Finance
Department, as Registrar
By:
Authorized Officer
C:\DA TA \DELRA Y\MA IT.36\RESO-I. V3 29 Res. No. 10S-93
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ASSIGNXBN'l'
FOR VALUE RECEIVED the undersigned sells, assigns and
transfers unto
(please print or typewrite name, address
and tax identification number of assignee)
the within Note and all rights thereunder, and hereby irrevocably
constitutes and appoints
Attorney to transfer the within Note on the books kept for
registration thereof, with full power of substitution in the
premises .'
Dated:
Signature Guaranteed: In the presence of:
NOTICE: The signature to this
assignment must correspond with
the name as written upon the
face of the within Note in ev-
ery particular, without altera-
tion or enlargement, or any
change whatever.
C:\DA TA \DELRA Y\MA IT.36\RESO-I. V3 30 Res. No. 10S-93
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[This Grid may be separated from the Note for purposes of Nota-
tion. ]
DRAW-DOWN GRID
[Outstanding Principal Amount Not to Exceed $S10,000]
Principal
Amount Initials
Amount of Note of
of Outstanding Noteholder
Date Draw After Draw and City
C:\DA TA \DELRA Y\MA IT .36\RESO-1. V3 31 Res. No. 10S-93
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[This Grid may be separated from the Note for purposes of Nota-
tion. ]
REPAYMENT GRID
[Outstanding Principal Amount Not to Exceed $S10,000]
Principal
Amount
of Note Initials
outstanding of
Amount of after Noteholder
Date ReDavment ReDavment and City
C:\DA TA \DELRA Y\MA IT.36\RESO-I. V3 32 Res. No. 10S-93
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EXHIBIT B
AGREEMENT REGARDING LINE OF CREDIT
Dated as of 1, 1993
WHEREAS, SunBank/South Florida, N.A. (the "Bank"), has
offered to make a closed-end line of credit (the "Line of credit")
available to the CITY OF DELRAY BEACH, FLORIDA (the "City"), in the
principal amount of not exceeding $S10,000 under which the City
may, from time to time, make drawings; and
WHEREAS, the City Commission of the City of Delray Beach,
Florida, on October 12, 1993, adopted Resolution No. 9S-93, as
amended and restated by Resolution No. 10S-93, adopted on
December 7, 1993 (collectively, the "Note Resolution") authorizing
the issuance of not exceeding $S10,000 ~incipal amount city of
Delray Beach, Florida, utilities Tax Revenue Notes, Subordinate
Series 1993, which utilities Tax Revenue Notes, Subordinate Series
1993, shall represent the city's obligation to reimburse the Bank
for drawings made under the Line of Credit; and
WHEREAS, the City and the Bank find it necessary to enter
into this Agreement, to acknowledge the terms and provisions of the
Note Resolution adopted by the City and the extension of the Line
of Credit by the Bank.
NOW THEREFORE, the City and the Bank hereby agree as
follows:
1- That the Bank shall make immediately available to the
City, pursuant to the terms and provisions of the Note Resolution,
the Line of Credit in an aggregate principal amount of not
exceeding $S10,000 which shall be available to the City in one or
more drawings prior to .
2. That the Line of Credit shall expire on
, and the outstanding principal amount of any
drawings, including interest thereon, shall become due and payable
on such date unless all of such drawings have been prepaid prior to
such date in accordance with the terms and provisions of the Note
Resolution.
C:\DA TA\DELRA Y\MA IT.36\LOC-AMD. VI
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3. That the Bank hereby accepts the terms and conditions
set forth in the Note Resolution applicable to the Line of Credit.
SUNBANK/SOUTH FLORXDA, N.A.
(SEAL) By:
Title:
Date:
ATTEST: CXTY OF DELRAY BEACH, FLORXDA
By:
Acting City Clerk of the Title: Mayor
city of Delray Beach, Florida Date:
C:\DA TA \DELRA Y\MA IT.36\LOC-AMD. VI
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STATE OF FLORIDA )
COUNTY OF PALM BEACH )
I, Barbara Garito, do hereby certify that I am the duly
qualified Acting City Clerk of the City of Delray Beach, Palm Beach
County, Florida.
I further certify that the above and foregoing consti-
tutes a true and correct copy of the minutes of a meeting of the
City commission of said city held on December 7, 1993, and of a
resolution adopted at said meeting, as said minutes and resolution
are officially of record in my possession.
IN WITNESS WHEREOF, I have hereunto subscribed my
official signature and impressed hereon the official seal of the
City of Delray Beach this 7th day of December, 1993.
Acting City Clerk
( SEAL)
C:\DA TA \DELRA Y\MAIT.36\RESO-1. V3 Res. No. 10S-93
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MEMORANDUM
TO: City Conunission
THRU: Barbara Garito, Acting, City Clerk
FROM: Anita Barba, Executive Assistant
SUBJECT: UPCOMING VACANCY ON THE DOWNTOWN DEVELOPMENT AUTHORITY
DATE: December 2, 1993
Alan Armour has submitted a letter of resignation effective December 15,
1993 creating a vacancy to a term ending July I, 1994. The Downtown
Development Authority has requested that a replacement be appointed
prior to the effective date, if possible.
Laws of Florida HB 1250, as referenced in the Land Development
Regulations, Section 8.2.2(c)(3), states the following: liTo qualify for
appointment to the Authority, and to remain qualified for service on it,
a prospective member or member already appointed shall reside in or have
his principal place of business in the City, shall not be serving as a
City officer or employee, and that at least three of the members shall
be owners of realty within the Downtown area, a lessee thereof required
by the lease to pay taxes thereon, or a director, officer, or managing
agent of an owner or of a lessee thereof so required to pay taxes
thereon. II As a reminder, the DDA district boundaries were expanded and
are generally as follows: bounded on the west by Swinton Avenue, on the
east by State Road A-I-A, on the north by N.E. 4th Street, and on the
south by S.E. 3rd Street and with said geographic boundaries being more
particularly described in Chapter 91-385, Laws of Florida (House Bill
1553), a copy of which is available from the City Clerk's Office. Mrs.
Bright, Mr. Listick and Mrs. Noe, three (3) of the current members on
the DDA, own both a business and real estate in the Downtown area.
The following persons have submitted their applications for
consideration:
Norma Bannoura
Robert Brewer (business owner/leesee in the DDA district)
David I. Cohen
Thaddeus Cohen (business owner/lessee in the DDA district)
Bruce N. Ginuny (business owner/lessee in the DDA district)
Rebecca Jennings
Harriet Lerman
Rosalind Murray
Daniel O,Neil
Barry Rubin (currently serving on the General Employees
Retirement Conunittee)
Carol Stanley (business owner/real estate owner in DDA district)
Horace Waldman
~~ CfE
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MEMORANDUM: City Commission
December 2, 1993
Page 2
Pursuant to direction received at the City Commission meeting of January
14, 1992, a check for code violations and property liens has been
conducted. Mrs. Bannoura has one (1) code violation for non-conforming
landscaping. A copy is attached to her application.
Based upon the rotation system, the appointment will be made by Mayor
Thomas E. Lynch (Seat #5).
Pursuant to Commission request, the applications for all appointments to
the Public Employees Relations Commission, Downtown Development
Authority, and the Planning and Zoning Board will be placed together at
the end of the appointment memorandums in alphabetical order.
dda.doc
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October 25, 1993
Mr. Michael Listick
616 East Atlantic Avenue
Delray Beach, FL 33483
~, 'n..-
Dea~:
It is with deep regret that I resign from the Downtown Development
Authority effective December 15, 1993, or earlier when a replace-
ment is found to fill my vacancy. I must do this because of other
committments and health considerations.
I have enjoyed serving on the committee and hope it will continue
to succeed in its important role of improving downtown Delray.
Sl~e:~~
Alan I. Armour
D @ @ I~;IL~ rfIr. i
------. I 1\,
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OCT 27 1993 i~j -
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MEMORANDUM
TO: City Commission
THRU: Barbara Garito. Acting City Clerk
FROM: Anita Barba, Executive Assistant
SUBJECT: APPOINTMENT OF A REGULAR MEMBER TO THE PUBLIC
EMPLOYEES RELATIONS COMMISSION
DATE: December 2. 1993
The term of Armand Mouw will expire on January 29. 1994. He was orginally
appointed to serve out an expired term of another person with a management
background. Mr. Mouw is eligible for reappointment and would like to be
considered. The term is for four (4) years and would end January 29.
1998.
According to Code of Ordinances. Section 35.032 (A)(a), one appointee who
is a person who, on account of previous vocation. employment, or
affiliation. is. or has been classified as a representative of employers.
The appointee need not be a resident of the City of Delray Beach.
The following individuals have submitted their applications
and resumes for consideration:
Norma Bannoura
David Cohen
Marta Dorfman
Herbert Freese
Murray Kalish
Leo Kierstein
Lorraine Kasper
Harold Kirschner
Armand Mouw (incumbent)
Rosalind Murray
Milford Ross
Pursuant to Commission direction, a check for code violations and property
liens has conducted. Mrs. Bannoura has one (1) outstanding violation
for non-conforming landscaping; a copy is attached to her application.
Based upon the rotation system. the appointment will be made by
Commissioner Ken Ellingsworth (Seat #3).
Pursuant to Commission request. the applications for all appointments to
the Public Employees Relations Commission, the Downtown Development
Authority and the Planning and Zoning Board will be placed together at the
end of the appointment memorandums in alphabetical order.
ar.doc ~~
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The following is a list of persons who have applied to the Pu b li c
Employees Relations Commission and the Downtown Development Authority:
Norma Bannoura
Robert Brewer
David I. Cohen
Thaddeus Cohen
Marta Dorfman
Herbert Freese
Bruce N. Gimmy
Rebecca Jennings
Murray Kalish
Lorraine Kasper
Leo Kierstein
Harold Kirschner
Leo Koppman
Harriet Lerman
Armand Mouw
Rosalind Murray
Daniel O'Neil
Milford Ross
Barry Rubin
Carol Stanley
Horace Waldman
xxt.doc
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME NOR Mf\ i3ANNOUAA
~/~O N w foT# 5l72-~ET })E.LRArr BEAcl{ ~ 3J 'l-I../S-
HOME ADDRESS (Street, City, Zip Code)' (LEGAL RES DENCE)
7000 leu PA L-~ f:7To PA R, I< Ro"b. .$....T€ Yu9. 13 D c.A kA.70 ^' "...
rt.- ~3y'33'
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) ,
HOME PHONE J../ 0'7' '-4 q'i- 'lV 'ii' I.( BUSINESS PHONE 407- 3tiV -y </J-S-
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
T#t; 00'-'0\)<"-1 L'~. C 'fJ..o J e, ~ H PB. CSPR~e, rheA
, .;
"q-L AnJ Boa-rei
,.
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
"/A
EDUCATIONAL QUALIFICATIONS
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION N, BAN',vOv~ fiA.
p,. (!e- a J AY/;o N 6- )I. -,Ax p,z F'f;"~t).J
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD A ~ (. otJA:JT( tlJ6- ?R.A (:~ '- E PAw.", ~HOp.,.
13(')5, '" Ie S S ,,(..() ",-' f:: A.. .
.
C orl t/ S" I s,.x:.s ...s"'f-tJ ~ E. () l..tJNee a",r (b.J1f .#1 SArl C-,AL AA {.. cS/'7471;
4JVb ~e.slbe~A~ 4~L ~/~'1
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~ - 7'/~/Y3
SIGNATURE DAn:
4/90
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RESUME
NORMA BANNOURA
4130 N W 10th Street
Delray B8ach, Flori.da 33445
407-499-8484
Office Address:
7000 W Palmetto Park Road
Suite 409
Boca Raton, Florida
407-394-9455
305-785-8484
EDUCATION:
2 1/2 yea~s Accounting North Central College
Naperville, Illinois
WORK EXPERIENCE:
6/63 - 6/69 Bookkeeper
Downers Grove Travel
Lillian T. Zaloudek Real Estate & Insurance
Downers Grove, Illinois
Maint.ained five business checking accounts.
Managed all transactions in accounts
receivahle, accounts payable, payroll and
trust accounts.
11/65 - 6/69 In addition to above owned ~nd operated with
husband, the Accent House, Downers Grove,
Illinois, this was a home accessory and gift
shop. Waited on customers and did all the
record keeping, purchasing, etc.
1/72 - 12/73 Prepared income tax for H & R Block, Inc.
Margate and Ft Lauderdale, FL.
During this period I also taught the basic
personal income tax course offered through H
& R Block. The first class being about 8
students from 9/72 thru 12/72. The second
consisting of about 12 students from 9/73
thru 12/73
6/73 - 6/75 Accounting and bookk~eping work - part time
Accounting, Inc., Ft. Lauderdale, FL
Maintained books and records through trial
'. .,.,
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balance and prepared person~l a~d corporate
income t~x returns for a v~rtety of clip.nts.
7/75 - Present Operate my own Accounting and t~x service for
a large variety of clients, prepore personal
and corporate tax returns, maintain client
books and records, payroll records, hondle
accounts payable and receivable, prepare
financial statements, loan applications,
attend IRS and state tax audits.
A partial list of clients would include
Lawyers
Real Estate office
Drapery and furniture manufacturers
Auto repair and Auto paint and hody
Importers
Small and large grocery stores
Independent truckers
Beauty salons and beauticians
Insurance sales persons
Laundromats
Construction contractors
plus a wide variety of self employed persons
and wage earners.
12/88 - 5/90 Part owner and operater of a small
supermarket in Delray Beach, Florida
Managed the sales staff the purchases,
business records, the payroll and the tax
returns.
9/08 - Present Part owner and operater of a Pawn Shop in
Margate, Florida. In charge of managing the
employee's, overseeing the operation of the
business. Maintain all books and records
including payroll and tax returns.
4/84 - Present Owner of Commercial and Residential Rental
Real Estate. Located in Delray Beach,
Florida and West Palm Beach, Florida.
Handle all aspects of Rental management,
including preparation of leases, collection
of rents, maintaining properties, banking and
tax preparation.
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I
>---. ------_._.--~------- _.~~~_ _no
i
-, CEZOOI01 City ot Delray Beach Florida 10/06/93
-
- Case Inquiry -General Information . Names 9:36:55
-
------.-- --.------
4
- Case nbr . 92 00008867
, . . . . . . . . . .
_. Property address 633 W ATLANTIC AVE
0 . . . .
.
-;--Pro pert y Cont-r 0 Y.-Numb er--; . 12 43 -.Jru16 01 --lrfr-1J1rS {)--.----- ____n_______
.
-
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-- Case status. desc AC ACTIVE
" . . . . : '-,
-:----Ca set y p e -. -de s c . estbl . . : NL NON-CONFORMING LANDSCAPING 11/18/92
_. Origination code. desc . CO CODE OFFICER
. . .
-- Default inspector id . RAK BOB KUSSNER
,- . .
~. Te-nant name. nbr . . . . . . .'.., ,....,............i;..il!1.'I~I~~';;f. '
.
:l~ Send notices to:
- PROPERTY OWNER .;.:.Ii.>....:::~i~;t~:::~:::~:-~{~ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _
-------------------------
----Name ,r -lrrS--I NT ERN AT L INC --,._----- Print ltrs y--.
. : . .
. .
Address . : 3801 N FEDERAL HWY
Phone . . :
POHl'AtfCr -aYACliun . un ------Ft ------Z!"p _'_.__n_ 330646611
. . . . .
.
------------------------------------------------------------------------------
Press Enter to continue.
__~_.._____. __.___...___________..__. .___.___....__+__~_~_._,___~___ __ __._ M .__..._ _~.______ ..___._.___..__,____."._.__..___._._~.__...~__
.-- F3=Exit F12=Cancel F5=Case narrative F6=Case actions F7=Violations
-- F8=Penalty fees Fl0=Case data
.-
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" CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
RO 8-t=.R T BRI;vV~R
NAME
3.39 E. ATLA~T\~ AVE DELR~Y B Q. t-i .33i-83
HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE)
itit Tf(,t LL \ S "St+oP - 'Sf\ME ^S 'ABoJ~
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
Z 7 (;; - 5920 27ro-97/2-
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING b.D.A. C. AB
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
.
EDUCATIONAL QUALIFICATIONS ~. M/WOK- A,F'I MINOR Busl NES S _
toS, ~ADUA,c WO~K- A b VG"1l Tl S I t.J ')
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
IH-E iK-cLL../S ~t+O ~ MA~AG, ~R
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO ,SERVE ON
THIS BOARD.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE. SXi-1L ~
~:;j ~ ~ 1 (({q ffjqO
SIGNATURE DAT~
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Having been almost a professional student at one time I
majored in architecture, then in interior design before finally
receiving my bachelors degree in art.
None of this was a waste, however.
I have 25 plus years in both retail and wholesale in the
gift and home furnishings industry in chain stores and specialty
shops.
I have designed,help to build and display showrooms from
New York to Los Angeles. I have done the same with specialty
stores in the Midwest, Southwest and Southeast.
I have traveled the world extensively and have numerous
books and pictures of ideas that could be brought to Delray. .
I think the front of the Trellis Shop attests to what can
be done. This facade cost less than $3500.00,
I am sure I would be a positive addition to the DDA or
or CABt I will go to my grave still a student.
* I read daily in a researching manner; newspapers, trade
publications and home magazines. Magazines are fr~quently old
issues ie, October 1981, Architectural Digest as most new trends
are a recyc~ing of the past.
~ I..'
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CITY OF DELRAY SEAClI
BOARD ~EMBER APPLICATION
NAME
5~ / ~~ ,-1( 5 '] <t ff.Y
HOME PHONE BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
~ ,~ (.1 ~
~J
ClUJ) 5e r V J C e f;oa rJ ~ a.r\\f '0 0 QY"-<L
LIST ALL CITY BOARDS ON walCH YOU ARE CURUNTLY SERVING OR KAVE PREVIOUSLY
SERVED (Please include dace.)
~:t::: ~a~ ." ~ .
d",~ ~ .
EDUCAtIO ~ QUALIFICATIONS
;' k ~
LIST ANY RELAtED PROfESSIONAL CERTIFICATIONS AND LICENS!S WHICH YOU HOLD
ti)c~-~-t?~ ~-3~
GIVE( OUl. PRESENT. oa KeS'r ucar EHPl.OYER. AND POSItION ~ ('~-
-~. ,~ ~~... -y~~
DESCaIB! EXl!aIENCIS. SULLS 01. acM.EDGI WHICH QUALIfY YOU TO SEaVI OM tHIS
BOAID
k ~
.
PLEASI AnAClI A saII'~
I HElEIY CEaTIFY THAT ALL THI AlOVl StAtEKDTS AU nUl. AND I AGUI AND
UNDElSTAQ tHAT ANY' KISStATEKIIITOr KAtDIAL FACTS CONtAINED III tHIS AlPLICA-
TIOll KAY CAUSI FOlRlTUU UPOlI KY PdT or ANY AlPOl1mtDl'l' I KAt RECEIVI.
~ ,9-. ~ 5"PI / Ik
SIGNATUU ' dAt!
- - 4/90
'. j..,
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RESUME
. Proprietor of a printing Business in the financial district, NYC-2S years.
Memb.r of t~. Am.,-ican Red Cross for the duration of World War II.Ambulance
Attendant, Fund Raising, Caring for th~ Blind, Wounded & Handicapped.
* Air Warden-Sector Commander, Bomb Reconnaisance Agent, trained for Chemical
Warfare.
* Organized the Century Village Chapter, AARP, West Palm Beach. President for
two years.
* Elected to the National Conference AARP at Atlanta, Georgia.
* Elected to the San Diego, California, Conference AARP the following year.
. Represented the AARP at a Congressional Hearing at Miami, Florida-1976 re:
"Abuses in the Nursing Homes". The meeting was chaired 8y Senator Lawton
Chiles and Congressman Claude Pepper.
. 1972-Chairman of the Palm Beach Senior Citizens Council.
* 1975-Participated in the Swine Flu Epidemic Prevention Program sponsored by
the County Health Department. (Committee of 1S) .
* 1975-Appointed by County Commissioner Lake Lytal to the State Division of
Aging, District 9 HRS-includes Palm Beach, St. Lucie, Okeechobee, Martin and
Indian River Counties~ Chairman for three. (3) terms.
* Chairman of an Ad Hoc Committee to erect five (S) Senior Citizens Centers
in Region 9 HRS. During my tenure of office our dreams came true. Lake Worth
was ~H then North Palm Beach, the Glades, Martin and St. Lucie Counties.
* Member of the Forum Club in West Palm Beach. .
* 1977-Moved to Delray Beach. In the printing business for five (S) ytNIrs.
* 1980-President of the Delray Beach Chapter 2036.
* 1981-Appointed by Governor Robert Graham to the 1981 Conference on Aging.
. Elected Senator of the Silver-Haired Legislature, Di5t.26. Served 3 terms.
~ 1982-Member of the Delray Beach Chamber of Commerce.
1983-0rganized the first Democratic Club in the City of Delray Beach.
Served two (2) terms.
* Organized the Government Give-Away Cheese program.
* Organized the Loggerhead Club, a South County Forum Club in Delray Beach.
* Organized the Human Relations Committee for the City of Delray Beach.
. Served on the Civil Service Board and later on the Code Enforcement Board.
. ~esource person of the 1st School of Gerontology of the College of Boca Raton
.,1986-Chairman of the Advocacy and Legislative Committee of Alzheimer's and
Related Disorders. Responsible for an award of $300,000.from the State for
the County and a grant of $10,000. from the United Way of West Palm Beach.
. Volunteer Assistant Teacher in the Graphic Arts Department of Atlantic High.
* 1989-Finalist in the NationAl School Volunteer DepArtment (NSVP)
* 1990-Volunteering for the Police Department of Delray Beach.
* Volunteering at the South County Courthouse.
,
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME
HOME PHONE M ~. ()~Df:? BUSINESS PHONE ~1(p.tf2:LV
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING ...11{)t)
LIST ALL CITY BOARDS ON WHICH YOU ARE CURllENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) .
.
.
EDUCATIONAL QUALIFICATIONS ~f\ ~ -
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
~std~ ~
GIVE' YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
DESCRIBE EXPERIENCES, S~ILLS OR KNOWLEDGE WHICH QUALIFY YOU ,TO SERVE ON nns
.BOAm~ ~..
C~. . . _ ~_~~l~~: :. _ : ~&l~
.f.fJill~:> ~rV"i'J(:l
PLEASE ATTACH A BRIEr RESUME.
r HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS AU TRUE, AND r AGREE AND
UNDERSTAND THAT ANY KISSTATDlDTOF MAtUU!. FACTS CONTAINED IN THIS APPLICA-
rION KAY CAUSE FOllElTUR! UPO. MY PAaT or ANY APPOINtKEHTI KAY RECEIVE.
"'l"' ~?V. ~ 1/ !1rr-
. SIGNATURE ! DATE
4/90
.. ,,,I.
.
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~ - . ~
CITY OP D!LRAY BI!ACII '.. ..:..,~;;;;~
BOAID MEMB!1l APnICATIOlt - 1 ..
.., ~~
.
NAME //76!tc4 {' 'VM:. /-:x ~~
/
HOME ADDlESS (Stre.t. City. Zip Cod.) ~LEGAL RESIDENCE)
/4 /..;;' ~- it) '- kL~t;:J;;;.,U- & .;7 .::! ~' 6
PRINCIPAL BUSINESS AD lESS (Stre.t. City. Zip Co
HOME PHONE 7' P 7- .If f? - ..3 6'~d' BUSINESS PBONI /Y / /J
ON WHAT BOARDS ARE YOU INTDISTED IN SU.VING ~ ~ ~ ~ -? c
.0~/"J~;'jA ay-~'
LIST ALL CITY BOARDS 011 WHICH YOU All! ctllUWITLY SOVING 01. BAVI PIIVIOUSLt
SERVED (Pl.... includ. dat..)
~u---;.'" ~. j- ~ d-..-, tZj _.. ~ /,-?,;;- r
EDUCATIONAL QUAL ICATIONS c:r: "~~ ~ ~
LIST ANY RELATED PROrESSIORAL COTIrlCATIONS AND LICENSES WHICH YOU HOLD
,~u_~.J q 74/~/??'~
GIVE youa PRESENT. 01. MOST UCD'f EMr~. AND POSITION
./2?~ r./' ,tZif -./??7C tf
DESCRIBE .EXPDlEBCIS. SULLS oa DOWUDGE WHICH QUAL I" YOU TO son 011 THIS
~'" ...-.'7 ~"L. 7~~ ~ ~"-'
~~G'- ,
.1 ~ A A ~
~ ~ u-iZ~ ....c~ ~.
PLEASE ATTACH. BUD usu.. ~f r T r
. /'~()-/?7P'
I HEUBY CERTIFY 'l'BA1' ALL TO AIOVI STATEKENTS AU nul. AID I AGIO AND
UND!1l$TAND 'l'BAT AlCt MISSTATIMDt or MATERIAL FACTS CONTAINED tll THIS APftICA-
TIOll MAY CAUSE roinlTUU UPOlI Kt PAaT or AlCt AlPOtNtMllft t HAt UCEIVI.
~.w4-r~. /~~_
SIGNA DATI
4/90
.
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
.
NAME HERBERT P. FREESE
6795 HUNTINGTON LANE DELRAYBCH. FLA. 33446
HOME ADDRESS (Street. City, Zip Code) (LEGAL RESIDENCE)
NONE
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE498-7234 BUSINESS PHONE NONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING PUBLIC HOUSING AUTHORITY:
PUBLIC EMPLOYEES RELATIONS COMMISSION: CIVIL SERVICF. ROARn
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dat8~ -
NEW YORK STATE HOUSING CHAIRMAN FOR VETERANS 1946 to 1960 .
.
EDUCATIONAL QUALIFICATIONS
HIGH SCHOOL
6 grade
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
None
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION UNREDEEM PLOG E
r,lANAG ER LOAN OFFICE
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
INspect public housina tDom the start to ~ini~h
under N. Y . S. HOUSING COMM. HERMAN STI CHMAN . NO SALARY
appraiser ot tools typewriters. cmmputers adding machines
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PLEASE ATTAC~ A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND t AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I HAY RECEIVE.
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SIGNATURE
- OAT '
- . 4/90
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; are on the up and up."
! HOME FRONT Kirschner tells how Freese got
! Joe Kollln $85,000 Cor owners after discov.
ering a tax error. Freese also in.
. vestigated private entities that
were selling condo-owned prop-
erty and not sharIng the proceeds.
a move that brought more money
to owners.
"1 have a haM of investigating
things." Freese said. "When I
. heard [property] was being sold. 1
went to the Palm Beach County
"They were old-fashioned town Property Appraiser's Office and
meetings." she said. "They checked. They said we did own
weren't so owners could hear us. the property. I checked the deeds.
they were so each and every per- Faced with the facts. they had to
son who wanted to speak could give us the money."
say what they wanted. We wrote Freese moved to Delray Beach
every thin, down. investigated 14 years ago from - where else?
everything and got back to eacb - New York City, where he spent
and every owner with a repJy." most of his aduJt Itf. volunteerin,
The kinder, gentler attitude as a state housing commissioner.
worked. Leiterman ~id. Bein, "I'm still doing the job; people
fair dissipated the turmoU. still call me up," said Freese. who
. boasts of smuggling guns into Is.
His neighbors call Herbert rael early in that nation's history.
Freese a figbter. .. From a show business family
Whea. the retired pawnbroker ["Fanny Brice was on my moth-
is suspicious. he checks the facts .
- whether in Tallahassee or the er's side and George Whit.. of .
county courthouse - and uses Georg. White's Scandals. on my
father's"1 he still tap dances for
them to light lor tb. rigbts 01 lei- friends and family. Knowing you
low condo owners. have a neighbor like Herbert
Freese. a 78.year.old great.
grandlather who loves teachin, Freese is one reason people love
livtn( in condos. That's why he's a
his grandchildren the soft.shoe. is welc/)me addition to our Home
the latest addition to our Home Front Hall of Fame.
Front Hall of Fame. An owner at
the 3,700.unit Huntington Lakes ~
Condo in Delray Beach. Freese Send letters about .vour condo- N
was nominated by neighbor Har- minium, homeowner or ~o-op JS-
old Kirschner, 72. sociation to columnist Joe Kollin "B
"He's a fi,bter. He goes out af. at: Home Front. Sun-Sentinel. ?
ter things he feels aren't right and 3333 S. Congress Ave.. Delray c:
does somethin, about them," said Be:Jch. Fla. 3:1445. Please include ~
Kirschner. .. He makes sure thin,s your d:Jytime telephone number. .!
en
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CHARACTER REFERENCES
GEORGI HUDSON
BRANCH MANAGER
PALM BEACH COUNTY
PROPERTY APPRAISER
DELRAt BEACH OF'IC&
276-126S
W ALTER PELLER
PRES IOEN'!' .
.
BOARD 0' DI~S
HUNTINGtoN
DELAAt BEACH
499-1000
STANLEY GOODMAN
496-4039
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llVOlIUtI HALLft , ',s.- >.A .' 1.
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. ...., ' September 16, 19;2
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Mr, Herbert r. 'r....
, .
729 Lan~ Court I
Brooklyn J', I." Yorle ! t
Dear Mr. Fr....:
I want to ackaewledg. r.c.1~t ot your lett.r Qt.
August 26th and th~ lOU tor bring1n1 thla
matt.r to ., attlDtioa. . . '." ~~
. '4'"
As my assistant Mr. Simons has indicated ! woul4 , ~ . ,
.. .-
a~preciate it very much it you would sit down with
~r. Ira Robbins ot the ~ousing and Planninl Counoil "l. l'
of New York and discus. the matter in detail wltb"
him. Mr.,Io_blna i8 on. ot' the tor.most explrt. )
in th1a ti.let in N." fork and I verr ortla eelJ... ~
him tor eonlUltat1oQ and advise in regard to ,
housing tU.t\erl,
I
After your coat.r.nce with itr. Robbins, h. will.
uncioubtecU" be 1Jl toucb with me and WI can th..
arran,e to .1t do. and discus. this matter. ..
~1Ao.r.l, YOUl'S, .
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. STATe 0,. New YOlllK
EXCCUTIVIE OCPAATh4CNT
OIVISION 0,. HOUSINCI
~IUll"AN T, STICMMA.. 270 e"~OWA'W'
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hou'1DI, ml I _ "er, apprec!.at.l" 01 \lie
taaoapUulM.. vtllch sotl.,aW 7011.
tou ., be oct.1a tbat w vt.U
cOIltta. to do ""a-" t.b1DC ve OU t.o .14
ftt.r_.. _eel h~., ad VI vU11~
tonud 18 tile MaN to the oooperatloa fica
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CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
"
N~ R-VL"', &1 """-' J .
\ 2-- Dc Pd ,,"\. At! e.. , c,[ (--:(, .-\ f? l dc, f' - ,;~ ,.......,,-
3-3 +~~
HOME ADDRESS (Street, City, Zip Code) (LEGAL REStDENCE)
'~
c.. 3( ~. A -~ l Ct~, 1(__ I .. ,3 ~j+~3
j... V e/\ ~ '
PRINCIPAL BUSINESS ADDRESS (Street, City,
HOME PHONE ~ - b i S;q BUSINESS PHONE J '1 ~- .C;L,>2b
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING DbA-
LIST ALL CITY BOARDS ON WHICH YOU ARE CU~ENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
~IQIi~' { ~/~. Ac...sc~c .".. Ar~'1\rl IClCjo - A~:L I q Lf.::>--
.
EDUCATIONAL QUALIFICATIONS _1 Ll"C(lV '-':c> WI ch '. 9 Q v-. S-te~ U
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
D. C,.~ Ul "( l f'$-\ ('S'-\- e L \ (~ '\ C:' '<:. r--,e. c ,. 'V rt<tli...L
(')""\. ( (.'.~ ~ '\.4:4 ~ "';(\y C l..L-1'\~ .,.. ~'t-
GIVE YOUR PRESENT, OR MOST RECENT EMPL ER. AND POSITION
~\f1~n\\ L !\;<:- )
J~-~~"l' ~ ~t'{' ~,o P I 4-.5 q CZ. . .\)...c::-. i v-c.l-'-\ \Jt.~,( II
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD G. I ,;t , C~UI e- \ v )-+~ V'L$kd
.-,-- Q.w-... UI.,J t'r"\ b C'.A Iv'\.
...-.--
1C\'hf'LN'I ~ w........ Dr J v---a'J 1?,t.-c<c.~ '
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TIO FO ElTURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
4/stfJ
4/90
,. ,,,',
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME ~~€CCo. h. ......\" Y'. f\ \ f)0~ <....
Z/C2. Iv w z..rcl AV~ ~If-CL~ f-kd , t=L "3')4'-/'1
HOME ADDRESS (Street, City. Zip Code). (LEGAL RESIDE CE)
nere! a. })elrCl ~e h FL ~ 3lf~ 3
PRINCIPAL BUSINESS ADDRESS ( reet. City. Zi Code)
HOME PHONE ..2 ~ 3 ,~ ;) r ~ Lj BUS INESS PHONE ~ 7 ~ - t, 4 7 J....
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING <D 1-1 J ~ t c ,.., t C ~ y.e s e r V rL -I I 0 1</
py,o...t-o/
(}!J/inO/1Jf'J
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Plea.. include date.)
EDUCATIONAL QUALIFICATIONS & rod u an d ~{Jdn '1 r'c ~iq h. ~c h ~O { ,q 1:
r- Atknd~ P, 6,CoG, Iq <6 ~ . /q SCL
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
FL, Rea I Cstafe L j~ ef}'5e S L ol/3C, J 7 J
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION
KLl~elLA.Jenn (t)({~ IJI\C,. toRP. S:.pc.rdo...Y-~ ~ bPf',(e ~/1CKJ(
DESCRIBE EXPERIENCES. S~ILLS 01 KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD . h rei L:, I
tv 0 R....!<" J 11. p c<:..h a ~ Oll S//) e ~ $' ~/I') C l"_ J q K . \- DI!.a- IJi 7
Lv i +I, hlJmf' 0 WI! '-~ e lZ1 D J j;e... ~. WInJe u) tV ; 16
[,-1'1;'9 Ie. ~)e~ llJAeCi-t av () IIi-I" () C-j.ea.r. Li (<'d. I '1
PLEASE ATTACH A BIIEF RESUME. bfLl YO.J..f fY) t.f e.n-t'r e-. I, k .
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS All! TIlUE. AND I AGREE AND
, UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PAaT OF ANY APPOINTMENT I MAY RECEIVE.
.I
~
~1J-7/q )
DATE
4/90
------
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J. 7/
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
~AME MilaR A 'j f< J<' AL I S" H
b 0 J.- I ~ ;At'/ LLy 1-.ff r;lt..L.~~'1 6<:-1-)- ~I.. 3 3 't"? 'f
HOME ADDRESS (Street. City. Zip Code) (LEGAL RESIDENCE)
PRINCIPAL BUSINESS ADDRESS (Street, City. Zip Code)
HOME PHONE L to 7 ) if 99 - "t; 7 ,; BUSINESS PHONE
ON WHAT BO~S ARE YOU INTERESTED IN SERVING ~ ~~l' f../tIfI'~D'1.~i RtL1..lI1-r,,~, 4.,,..,
(! 11l/l_ ~u.,.".1l. gDAAf\ "
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Pleas. includ. date.)
.
.
EDUCATIONAL QUALIFICATIONS }-/, 5 elf t4-" . ;: 5 c;.1(~9 r~//1YIt:"" " r
~A!)
,
3 'II. 5 ~D(. .
I
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
II () t"j L-
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER. AND POSITION (p~of'~ r! ;tPf?'(~}s~t<. -
f'1 #'fJtY6- r)~fr f8.C d-7f.-- l d.. 0 ~
DESCRIBE -EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
PLEASE ATTACH A BRIEr RESUME.
. I HEREBY CER.TIFY THAT ALL THE ABOVE STATEMENTS ARE TR.UE, AND I AGRE! AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIV!.
~~~~
DATE
. 4/90
,. ,,,'
"
CITY OF DELRAY BEACH W~/~<1/'l;)
BOARD MEMBER APPLICATION
.
NAME Lor~~:~~ Kas~er
}COO 9n~ni c:;h '1',... Q81r~ R",,:::\(~h 1"1 i~'t~l N.W. 5th Lane; Boca Ra~~~3/L
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
none
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE :47e :;l5')9 407-750-0609 BUSINESS PHONE
none
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Return to Board of Ad"ustment
(unless you felt I would be of more value elsewhere)
PERC, CSB
LIST ALL CITY BOARDS ON WHICH YOU ARE CU~ENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
BOard of Adjustment ,
.
EDUCATIONAL QUALIFICATIONS See brief ~llmrn:H'Y .::IT:'t..::lf'n.:oo
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Professio'lally:
teachin~ freshman chern. at UW-Baraboo (Wisconsin)
One season I worked Dart time a~ ~hp n.:o1,...~y Libr3ry
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
see a~ached - I feel bein~ trained in sclence allows one
to learn to think and act logically
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~~.U/./~ p/p/rd
SIGNATURE DATE
4/90
'. ,,;,
.
At. pl~esent. I am a membel~ of t.he E:c'al~d of Adjust.ment. which IS
being phased out and l~ecc,nst.i t.ut.ed, F' l~ i Cl}~ t.o be in,;;! appoint.ed I
submit.t.ed t.he f,:)llc,win';J i nf Ol~ma t. i ':1)' . Af t.el~ sel~ving on t.he Board ':' f
Adjust.ment. f .:.r a short. period of t.ime, I have f c,und t.hat. I would 11 k e
t.o con t. i nue ,:,n t.h is b,:,a l~d if possible (unless it. IS felt. t.rla t. I mI';) h t.
be of rnOl~e se1~vice on anot.hel~ boa l~,j) ,
F'l~ev i c.us ::;ubm i ss ion Fc,llows
I would still 1 ike t.o tie cons i de l'ed
f o)~ an appoint.ment. t.o one of t.he Cit.y E:c,a l~ds_ As I indicat.ed in ri"IY
pl'E:'vious l~ eques t Code EnfcI1~cement. would be my f i I~St. c h.:, ice, HOl,l,'evel' !
I wc,uld 1 ike t.o sel've on any I:,f t.he Boa l~ ds . ::; i n c e my last. l'eques t. I
feel t.hat. I have gained m':'l~e kno:'wledge and e::<pel~ i enc e in Cit.y ri"1 a t. t. e )' 5
I""hen I applied t.he f i l~St. t.ime t.c. a published l~eques t. f Ol~ "new bl,:,od" !
I t.O:lok t.he news i t.er(J lit.e1~ally. I now l~ea 1 i ze t.hat. appoi nt.ri"lent.s a)'e
made on t.he basis of e>::pel~ i enc e amc.n.;;! ot.hel~ t.h i n';Js . Thel~ e f 0 l~.:- , I
wc,uld 1 ike t..:, ha ve t.h.:- f ,:,11 c,w i n';J add.:-d t.c, my pl~evi,:,us subm i ss i ,:.n ,
P a I' t. i c i pa n t. in t.he second s.:-ssion of Vis i ,:,ns 2000.
::;.:- l~ v.:-d as c c.-c ha i l~man of t.he t.ask f':'l~ce dealing wit.h public
facilit.i.:-s during t.he p1~eparat.i,:I)' of t.he C.:,mpl~.:-h.:-ns i ve Plan, I hav.:-
followed t.h l' oU';Jh t.he ent. i l~e p 1~':' c .:-SS c.f t.he who:.l.:- plan by at. t.end i n';J .
subsequ.:-nt. m.:-et.ings. .
F l~ .:-qu.:-n t. at.t.endance ac Cit.y C,:)mm i ss i ':1)' m.:-et.ings t..:. 1 ea l~n t.he
p1~OC esses i nv.:, 1 ved as well as at.t.endanc.:- at. ot.her Ci t.y mee t. i n';Js - such
as Planning and Zc,n i n';J, ~3ewe r' B.:.ard meet.i n';Js held wit.h Boyn t.(jn Bea c r-I 1
.:-t.c.
My .:-ducat.ic.n has been in Chemist.1~Y. I hc.ld bot.h a E::=; and M'=- In
Chernist.1~Y f l~c'm Marquet.t.e Universit.y. I have add it. i ,:,na 1 credit.s In
Secondary Educat.ion and Libl~al~y ::;c i.:-nc.:-. My pl~,:,fessil:.nal c a 1~ e.:- l~ has
been in t.eac,h i n';J c.:,llege level Chemist.ry, 1 ab':'l~ a t.':'f' y W':'l~~:: , l~unn 1 n';;! a
t.echnical 1 it'l~ary f I:)l~ a dl~Ug firm, S.:- t. t. in.;;! up a 1 i t..:-1~at.ure l~et.l~ieval
syst.em f.:,r anc.t.her dl~Ug firm, and ed it. i nt;J and abst.l~act.in';;! f 01~ Ch.:-ri"1 i c a 1
Abst.l~ac t.s Sel~vicee.
, W#~~
.:o/-'S r;r2/2., ~
LC'l~ l~a i ne W. Kasp.:-l~
3000 Spanish Trail
Oell~ay Beach, Fl. 33483
F'hone 276-2590
'. '.11
,
CITY OF OELRAY BBACH
. SOARD MEMBER APPLICATIOM
I (~\. t:.R ST~/I.J
/... '!.-o
NAME
16t..f~~ P,="M'aRlb.G~ ~~.. A:~ U* J 'b€LMY ~,,~ , 3~~ f+
HOME STREET ADDRESS, CITY, ZIP (LEOAL RESIOENCI)
-
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
----- -
t.fq~- ,1.. 03
BOMI PHOM. BUSIMISS PHONI
01 wan BOARDS AR~ rou IITBRlSTlD II SBRVXIO IfV.MJI-N k-4>(jQM..!:. 4.........
'Ct-A.~ '
LIST ALL CITY BOARDS 01 WHICH
SIRVID (Pl.... 1nolud. d.t..)
-
EDUCATIONAL QUALIFICATIONS ~ ynr.. GL~
- -- -
---
LIST ANY RELATID PROFESSIONAL CERTIFICATIONS AND LICENSIS WHICH YOU HOLD.
...------- -
----- --
OIVI YOUR PRISINT, OR MOST RicENT EMPLOYER, tND POSITION
~~.w.Cri~",l. ,tie.] Ll". ~ krlkNr-lC. AvE fd.A~ ic:-..t:w ...;U.~~ S/IoP> S'Al.c=-!M~
DESCRIBE EXPERIENCES, SIILLS 01 ICMOWLEDGI WHICH QUALI'Y YOO TO SERVE ON
THIS BOARD. ('JJLP~'Ht;#Ja. VIA Pru.<!:T'/cAI.. A""L,t"J2TII'J11J
-- ..,-----
PLEASB ATTACH A .111. RISUMI.
I HEREBt CIRTI,r TB&~ AL~ THI ABOYI STATEMINTS ARI TRUI, AND I AGREI AND
UNDERSTAND THAT AIY MISSTATIMINT 0' MATIRIAL 'ACTS CONTAINID IN THIS AP.
PLICATION MAt CAUSI 'OR'IITURI UPON Mt PART 0' ANY APPOINTMINT I MAl
RICEIYI.
t-i~~ . ~ 2'.2,- (9ttg__
---
SIGNA'fURI DATI
'. ."1'
'.
~ N I r;; g,rtfrlt- I ;:,J -
- ~,
r _
.,J- .
.
I~~ NI(.II.tr~ CIn OF DELRAY BEACH ~ r .
. < 4 --
- - -
D ~ hJ</7' /6# 3.1 if if?*" BOARD MEMBER APPLICATION -~
4
.
SAME HAROLD KIRSCHNER
7145 HUNTINGTON LANE APT 204 Delray Beach. Fl . 33446
HOME ADolESS (Str.et, City, Zip Code) (LEGAL RESIDENCE)
SAME
PRINCIPAL BUSINESS ADOlESS (Street, City, Zip Code)
ROME PHONE 407/496-1117 BUSINESS PHONE
ON WHAT BOARDS All! YOU INTERESTED IN SERVING I -
t- -
~-
~ - .
- '. EDUCATION BOARD & PERC
,
LIST ALL Cln BOARDS ON WHICH YOU ARE CURllENTLY SERVING 01. HAV! PlEVIOUSLY
SERVED (Plea.. includ. date.>
NONE .
.
EDUCATIONAL QUALIFICATIONS ~PPL~D ARTS DEGREE IN BUSINESS &
MARKETING. DEGREE IN RADIO & ~LEVISION FROM CRESCENT SCHOOL,
CERTIFIED SUB. TEACHER IN
OF RADIO & TV. BOTH SCHOOLS IN N.YC., N.Y., PALM BEACH SCHOOL SYSTEM.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU ROLD
LICENSED BY TH~ STATE OF FL. AS A LIFE & HEALTH INS. AGENT
CERTIFICATION AS SUBSTITUTE TEiCHER ~IN THE PALM BEACH SCHOOLSYSTEM
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION PALM BEACH SCHOOL
EOARD-- BLUE CROSS/SHIELD OF FL. HEALTH OPTION~ ~~4CA~ & MORE PLAN
DESCRIBE EXPERIENCES. SIILLS oa KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON !HIS
BOARD
KNOWLEDG~ O~ THs SCHOOL SYSTEM ITS WORKING KNOWL~G~ I~ DAY SCHoeL
AND AS AN ADULT EDUCATION TEACHER, TEACHING ESOL TO ADULT STUDENTS.
MY BUSINESS KNOWLEDGE IN THE BUSINESS WORLD, AS AN INS. AGENT,
e~o~!!, G!ft. AG!&I WIt! MI OWN AG!N'I AND AS ~ap!!'I~O! 01 AG!NTS
PLEASE ATTACH A BUll USUMI. . FOR THE STATE OF FL.
I HUDt CERTIFY THAT ALL Tal ABOV! STATDllNTS AU nUl. AND I AGUI AND
UNDERSTAND THAT AaY MISSTAnKDT or MATERIAL FACTS CONTAINED IN THIS APPLICA~
TION KAY CAUSE FOlrlITUaI UlON Kt lAlT or ANY APPOINTKIHT I HAY RECIIVI.
')!yy!~v
I ~A I
4/90
'. h.'
~
. RESUME
MY name is Harold Kirschner, I reside at 7145 Huntington Lane
apt 204, Delray Beach, Fl 33446, phone #496-1117.
For over 25 years I had my own Insurance Agency, for Life,
Accident & Health and was also a broker (General Ins.).
I have ~ degree in Business & Marketing, also a degree in Electror.ics,
from Crescent School of Radio & TV. , I have a degree in A.A. fro~
N.Y~ C Community College. I have been a Union Carpenter of Local
135 in N.Y.C. and have a working knowledge of construction. ,
I have been certified by the State of Florida and Palm Beach
County as a substitute school teacher for over 5 years. I have
taught ~dult Education for Four years to 4dults in the evenin~
as an E.S.O.L teacher (English to Speakers of Other Languages).
I feel that my qualifications speak for themself and qualify ~e
as a Board Member, if appointed.
~ ."1
'.
~~. / '
CITY OF DELRAY BEACH '- / 3 '7 2
BOARD MEMBER APPLICATIQN
NAME Lco '10 PPMIl 1'1
312/ SPANI5~ ~'IIL 2~
HOME ADDRESS (Street, City, Zip Code
~ ~ fi(( ti)
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE .( 1(-'7) 272 -lf71'i BUSINESS PHONE
C I (!L .fEd tI! (( BtJAi/ j)
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
BOA i f ~-2-
.
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENn Y SERVING OR HAVE PREVIOUSLY
SERVED (Please inclu~e dates)
:
EDUCATIONAL QUALIFICATIONS .Jjl '1/ )CllooL ~t?tfD(/ {f(e - z. YRs /t?€~L AII'M
IV. Y IJ. I Af.y. C. - 2. 'Ills Lrtw Iff 51. 1iH1I5 Lit" J()/I6{.. IJ/(Lf~ ~ Yc
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER. AND POSITION
J tI. (-' EMILo ie1 -- f?[1/t? 0
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
at 5lJI1 €
A1~Ai
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
r ~ _~#~ /-/d_ fv
- S GNATU DATE
4/90
,. ".,.
'.
R[rUf1( of Lfa VoffJ1'1A/'1
,'qZ1 Gtfd-J/Jlfff!fJ fid,41 14f1c) H4)/.xJAI 11/6/1 ~NoOL/ 8,fao/{!./r. II Ie
/ q'Yt /r"rl CoNILi j(J Z YeAl.f fRc-LlluI A1 Nrw Yo~;((J~;VdJI(/, IYjc
1131-(fJ/ CdHtJf..dc~ 2 1't4Rs' L.J-w 4.-( 5r JoH5 L..JMi5(';{o6/.;6KU#; A/h"
I HJ,~ (WI 6/ ftA G ]4) j BrJ.J/i/(sJ' - C# III< L {f ~ I~ h 11# d.. Sd '+<0 H.J # (/ /',k;r:.";r; ~"S
6f HefJ 110~W&A~~) )14f?--ff 41'f1Jt~(,c
I q <f-Y /JlltJ//fa r; tJ..])!II#/5r,(M;vt! 4?JI.fi-;K1' ;:11,11" #ekv 4JJ),/cJ"
UHHgJl./~,l of CIvil krc.lJi nl.(fI/t:~,.v5 Gt/tYi'f/ )/YC - r
M4iY'A-t;ej) Ut (J~hrtl. /hlu )1/!UVISCb IJ, .>t:I~r~~ /...r tI';YrJ{4;!cF{.
Iv~'!;;/94.r t !fAde) BY {i,eUHI'IAJ /J.lf~ItJ/// 13E1ft~46e(! (J,Vo IJu,,-j 115
tJSSISfAJ f Lt!'A-"lhl'f,l d ~ !HE /IKI /ld~/~/#,~ 1I,1'~ 1It1/I7it?J#'~ 4Ai.J
~()Ie t.V/SIYII 3CJ 1f4-1e IW) ~N4LI! !rc['II,1A1'lcs I~ ;;~ ~o ~vt7/(J#
6? IhfCr?Alf r:;Il..Ui (j .5. ,VitI/i.
AI(~;( f1A.fJ/,( ~ 1/tE' hJ/?e~/1A/J ~411;"'F (2"ffe 1" W, #!Jy,J.#'1 ~'J)
r; me' {;''L t1t!'d./I'1~",1dL ]}e-/.4~rl1~/1
11v-fo RETCIIRIIG t: U,./I?IEf kEt?JlI'f~r:k~,fI.s: ~t("lrc1J J.#")4I'~;;7t-b'
I q,j, cL{ere] k7#c: B'4~ 6r 5;;;T1twe'.rr~v he#5Ilkvi/m/tteL au.}
/9Ji eLcrfc:'D (lI2EJlDC'JI-r Ot-- I' ",
jq,o ~L(Cf~) -r; 1#[ E,k]) o~ Ut )yHf/(JtrL it,:A'f ~;'IJ'~L CL /,,~ _ 4
~eHBdlJJf/~ ,,~ f:, 06 <I 110/~]) U/4/'fOV
116/ ~~ffr!iJ ~ 111ft -lt1eJ;'j)off a --F tHr:- Vltlld... ilL 1t~#J ;#1~4;'d rL /" 3S
ICf',,--HfJ htfiV)) / di(CI#/1i') hi) e!eifC/J J;' 7HF .&ilR() #J-- iJ ~C,.fH~ /;;;~~
6.~CLJ-';i~ J)1I1~ (1(; ~ d ~ J#i' fOtFdlj,(/Ii'L# c,~ //A4-- h.J. '1?K"~ d
:JALuH, ~.
(fir- ((M,{~) Ih/) /f,Ve) 7: PriNt l~~11 A4
(qi.J-. (fJl -- / M. '
t8.ifflJ If,.) R'ilt/t:-"J !J/ Ide J4.JO ~ ]);1t€c:Z"bor 16M/" )!4~lio,( ~/i',
14 Cd..vZlrtIAlldV rJ~ , J~ {/ ~//J"
JqJ1 Etfc.1cV ~t5I])cJ/r t5,c ~~r f!;;'/U,L. Ih.u.
,Q/f-(9f6 ~LuNfEi/;' D./,~ LaJl iftS'ilJ/?J"J/ ({It ME /v8l/~ )"h71J~/J (};::r;((:
_<tlit:l (111/#8, ;?/.LM ~~# [) i/ .v1Y.
(qqo -/q,v IhLI/N~~~ .5i;;1e;(YiA~ ,4,y) {}K/h~U/."d~ d~ C'/;~./f J-:V ~ Ne--
j?()~r J)~N1Jc~ J- /~ .s;viflG{/,v/Y "(/RT'~t/.rc- - l)~/..f-lY ~F.#'4
ct. 1M r; Ihf.<lf/Y~rbW.
. ~~-"--~if;it . ~~,~
t::::4~c..d~ . 'J='j~''7;;e~
,. ...1
'.
~
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
r .
.,
NAME tj. 0... 'R '<<. \ JL -t L e.. R yY\o.... Y\.
~l.-'-/S N.W..I~+~ CO'...)(\..-\- U.Q....\Ro...i 6~cu....~ I FlC\., 3J'-IYS
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 'i 0 1 - c:2 I .l.- 3"3 i a.. BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING~~.';~~~\l"\o~\'1otd\-\
a'~~tl:Jt1)D~ ~O.J.~~ t)tJUJY\rfl\.uh~G.u:Itu^i~J
l v' d ~a..~(lC~
~J-cI..
LIST ALL CI OARDS ON WHICH YOU ARE ~Y SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) rvC.~i-l'ot1.c:t.( S~+~ L~c:ll\J Iqt'\J~ l4-~l tL.,.... H-~.....-S"ln.\1I,'" ~s
C 1'+\{(oVtu"vri\\(.JV1?luV1~""") 1~u.<Ld- LQ.~\'Jl~1-~~CI;)"""""';ti~~ C".Y I'SS'tJ~
EDUCATIONAL QUALIFICATIONS ()~. ^" ~~ c"Jf Sc..;u'H'd.~ fir"! 'f"Y'\OlI\,e q....:fftnd_J..
L0",,-(lc:i Sd'HJd \ At' 'R(lt;Y1~r.r jY'ctcJuajttd
C Co) U ~ <:. ...lL s. r c.... R \. ; Cl. "'" 4-n""teA.. V' 't 1\"'(.) c...~ d. CJ R ~ A ..n I' - + yo lJ \ i L C\ Vv
f
LIST ANY RELATED PROFESSiONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
5 h~.h_ 4..: "LV'\. t 'h'v e.. , L '" f r~~ .. ~. . Yb d" c.orn""v",'t~
I~l...v\'~ l'O"",, r'Bd(.Jc"t.r\.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Oiftt..L-;'Ol'l r'\ ubl/c...
I,:) 0\ . 0 .-\ lJ ,() r"C{ {
, D.'sc"-<!U'LS--r- ~"t'o..~ Q..~'("~<;~V'dct.tiv<2.. '/CJ 14i~lt.S
DESCRIBE EXPERIENCES, S~ILLS OR KNOWLEDGE WHICH QUAL YOU TO SERVE ON THIS
BOA1U>
'U~Yl - cs t '''- \"
'r, fVMc..P
PLEASE ATTACH A BRID' RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
;z45/93
DATE
4/90
. ~~
'. k'"
'.
"
DltRXft LBIUIaJI
2545 .. 13TH COURT
DBLRAY BBACB, rL 33445
~ (407) 272-3312
STATBKBHT O. PURPOSB
I seek a challenging opportunity which will help me make a
meaningful contribution to the community and utilize my unique
blend of knowledge, experience, and potential.
St1XMARY O. SKILLS , OUALIPICATIONS
* POLICY KAKING * BROADCASTING * INTERVIEWING
* PUBDRAISING * PUBLIC RBLATIONS * St1PUVISING
* PUBLIC SPEAKING * KUlAGING * COORDINATING
RBLBVAIf'1' _DUIaCB , WORK HISTORY
POLICY KAKIMGI Maine state Representative to the Legislature fo!
over 10 years. Major accomplishments include: f. .
- Audit and Program Review Committee: Second most
prestigious committee. Assess/evaluate all
state agencies/programs.
- Banking and Insurance Committee: Determine
financial and policy regulations.
- Human Services and Corrections Committee:
Reviewed cost containment; chil~ abUse issues.
- Appointed to National Council of Stat.
Legialators by the Speaker of the House.
- Member National Association of Jewish
Le9ialators. current First Vice President.
nJIIIJtU..'.~nn.uvelY o11lanized and coordinated several
,,';;j,!en'ta to raise money for the co_unity, such as:
, ,,~~':'i\".ino Royale" for the Aaerican Cancer Society.
',,'<<~'; AttUded to entertaimaent, decorative theme,
. publicity, and children's activities. Solicited
celebrities to appear/perfora. Coordinated 200
volunteers. Realized $10,000 profit.
- "Fun in the Sun" Fashion Show to benefit Project
Graduation. Wrote script and .elected music;
coordinated script an4 music. Solicited
clothing fro. local retailer..
. '. .',1
"c."~
'. .,:_(.'.".." "':
"''i. .;
DRJtZ1I'1' LDJDJr ..ge 2
BROADCUTZ_GI Established non-pro~it Portland Co..unity
Television. Won an ACE Award. Produced several
, . documentaries and television programs, such as:
- "People Talk" Producer/Moderator: Hired staf~;
wrote scripts; blocked show; interviewed
celebrities.
- "Who? Me? on TV?" Floor Manaqer/Director: Taught
workshops on how to present sel~ on television,
supervised staff.
.USLIC R.LA~IO..I
- Contacted professional educat9rs/ physicians all
over the world to promote The Elan School, a
school for adolescents with developmental and
behavioral disorders.
- Conducted a census o~ employers ~or the Maine
NAACP Job Bank on minorities in the work place,
promoted equal opportunity and a~~irmativ.
action in employment o~ minorities. t
.
COllll1JBZ'fY .one. t
City of Portland Convention Center Planning , Building Co..ittee
- Planning, lObbying, designing, and prollOting.
Advisory Committee ~or YMCA Educational , Government Programs
- Served as judge ~or Educational Decathal~n.
- Advisor to YMCA Modal state Legislature.
Board o~ Director. tor Holocaust Huaan Right. organization
- Composed/pre.ented inspirational .essage tor resolution
before tha Maine House ot Representatives.
Past Pra.~"ol', '...gOCJUe sisterhood
'\~.c-"- #t-;!".:", 't:! ::.
- ~.er /Daughter Banquet fundrainr.
- ~ ..MQth~ ot the Year."
)i ...._.. ~. .,~
BDUCAIfZOM
University ot Southern Maine, Portland, ME
Enrolled in Associate DecJr.. Proqr..
Courses: parli..entary Procedure, Anti-Trust Law
Ward School of Busine.s, Boston, MA
Graduate
au~_ &VAZLABL. UIQI UQUB8lf
,. ...,
'.
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AP..,R-~, 5-93 MON 10:15
P.02
~ CITY OF DELRAY BEACH
BOARD HEM!ER APPLICATIO~
. I
NAME ^rmand Mou'"
1231 Vista Del Mar Dr., Dclray Beach, Fl 33481
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE)
409 NF. 3rd St., Dclray Beach, YI 33483
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE 276-6717 BUSINESS PHONE 276-9640
-
ON WHAT 80ARDS ARE YOU INTERESTED IN SERVING P.E.R.C. or Civil Service
Board
LIST ALL CItY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
CRA - 1985-1990; Commission 1990-1993; Contr8c.tors Examining Board 1969's-1970's
EDUCATIONAL QUALIFICATIONS B.A. - School Arts & Sciences, Univ~rsi~y
. of Florida
. ,
LtSt ANY RELATED PROFESSIONAL CERtIFICATIONS AND LICENSES WHICH YOU HOLD
State of Florid~ General Coutractors Liceuse #CGC 001940
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, ANt) POSItION Mou.., Associates. Tnc.
Chairman of the Board
.
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON TUtS
BOARD
Extensive ~abor/Dlgt. ~e~ations experienc.e both in MOtl'" Associates, as well
as, trade association representfttive in area-",ide labor uniOn negotiations.
PLEASE ATTACH A BRIEF RESUH!.
I HEREBY CERTIFY THAT ALL nil ABOVE STATEMENTS ARE TRUE. ANt) t AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION Y-CXO E FORFEITURE UPON MY PART OF ANY APPOINTMENT I HAY RECEIVE.
. }
4/5/93
DATE
,. 1,.1
'.
, .
CITY OF DELRAY BEACH Iv- C //l/!r I
BOARD MEMBER APPLICATION
City. Zip Code)
HOME PHONE jf9..J -=4lf -~ I '1 ~ c.t:L( ~
BUSINESS PHONE. 15 -;' (;' ~
.
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING I' 1l-4 p/Lnninrf ?nhl"?j
t~:at t;~:!1:n t";t!~:<}:!:j;;r:~;:~~, I
, 5e,-vl((
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
~/If " :
, / Prt1" lt~{ IJ t' (jf ,W.e--nt' e ~
EDUCATIONAL QUALIFICATIONS ( .r: h UN (1.
De)', -L(" I L'l M MJIi.:/fIy LIST AN~LATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
11/ 1-
GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER. AND POSITION
~D'11 &d~ (~Vll1bt {lyw of ~j)Utrfy (lfll'HIWS<){OY1eKs
DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
t~o h~~~: ;r::/::ij~/::;;;~;u'~~~~J
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE. AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~/ :if!
4/90
,. Ii,'
-
ROSlLIID L. IIJRIlt
4240B Village Drive
Delray Beach, FL 33445
(407) 495-4431
PRonssI OllL
aPlRIDCI MinoritY/'aIeD's Business IDterprise Coordinator, Pal. Beach County, PL
7/88-present . Develop and implement M/WB! program in accordance with MINBI ordinance. Provide
certification, monitoring, and compliance elpertise to M/WBI's and county entities.
Serve as liaison between Board of County Commissioners and minority business community.
Prepare public relations materials on M/WB! proqraa, such as brochures, directorles,
and handouts. Organise seminars to educate county employees on the benefits of program
as well as KI!'s. Provide technical assistance to M/WlI's, assist thea in the development
of their business.
6/86-7/88 Karketinq Specialist, leadall Square lssociates
. Develop marketing pllDl, business plans, and productivity analysis for small business.
Prepare analYSis throuqh use of computer qenerated data and delOqraphic,. Identif,
marketinq trends that effect small business. Advice clients of areas of market strength and
weainess.
- Interact with civic IQd corporate orqanisations on behalf of client base. CallUDicat,
with Purchasinq Representatives; encourage sponsorshlp of proqrlll that benlfit clilD~s.
Develop and i~leleDt qoals for use in client procurement programs.. Organile selinar~,
trade fairs, and workshops to educate small buslness in the areas of Mlrketinq, and
Managlllllllt.
5/85 -6/86 Sales Specialist, hrcliDes o.parmeat Ston
- Analyse product market trends for dress department. Prepare survey instrUleDts; develop
in store product reports. Liaison between sales floor and bu,inq office. COIlpile data
used by Bu,ers to forecast future buying seasons.
1/84-2/85 Public lelatioas KlDa,er/Karketinq Coosultant, Greater Pittsbar9b ialinlll o.,elopleDt Corp.
. Responsible for cooceptualising, writing copy, and editing all corporate publications lncludlng
Annual Reports, brochures, advertisements, siqns, calenders, and award fliers. Conceived and
impleleDted public relatioos proqrlll and ledia blitses.
- Responsible for preparin, marketinq pllDl, feasibilit" and ..rkltin, studies for cllents.
Anal,sed dl109rapbic, industrial, and caaputer qenerated data. IdlDtified client target markets.
Anal,led cOlfltitiOD in qiven areas. Developed market reslarch surve, instruments. Developed
pricin" ad,ertisiDf, pralation and merchandising strateqies. Supervised IODthly Departmental
bi 11 in9' . Prepared Karkltin, Group reports for Quarterl, and Annual Reports.
9/82 - 12/83 IlarntiDt &ui.tat, Grllter Pittsbarqb Business DeveloPIIDt Cor}.
- Prepare ..rketing and op.ratiooal plans for use in small business 10lD applications.
Assi.ted in all pbases of official corporate canRunicatiODS. Prepare cop, for client
brochur.. . Irote resource book on financing available for small business.
EDUQ!IOI B.S., a_tOD lJDhersity, auptoo, VA
8/76-5/80 Major: brittin,
CCIIIJIIft
ActIVI!IIS L....rsbip Pal. leach 1990
Pt. Lauderdal. J1IDior LHtUI 1990
lliDoritJ Caltaral Coaaorti. Board 1990
Council for Black lconGltc o.,eloPIIDt Board/Public Affair. Cbair 1911-preslDt
_utili for 'frai.DiD9. Iducation. and Rebabilitatioa 19"-1919
'. ~d'
,.
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
---'
NAME lJANltL O'NtIL
7'17 N.W. 17th Ave. /)p}nnv Rpn,..h J:/ -M4.4.5
HOME ADDRESS (Screec, CiCy, Zip Code) (LEGAL ~ESIDEN
PRINCIPAL BUSINESS ADDRESS (Screec, City, Zip Code)
HOME PHONE 499-75'88 BUSINESS PHONE
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Hlr;70fUr rp~f.r;fJ?IJATION
lJtL7MJ BtACH lJOWNTOfJ/N lJtvtLo'PmtN7 AIJ7HO~I7lj
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates).
None .
EDUCATIONAL QUALIFICATIONS Con4tnuctLon eXDenLence 25' veanA.
.
txtenALve tnaveL thnou~hout the IJnLted 5tate4. toul1.i..n~
Hi..Atol1.i..caL ci..ti..e4.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION OWNt'R - BtJILiJe.'R
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
'R~olel1.'4 Appl1.enti..ceAhi..p It- ~eanA.
.
Cal1.pentel1.'A Appnenti..ceAhi..p 4 $lean4.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT At.L THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITUR~ UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
J 11 '
?-c?7~~
._-~~
SIGNATURE DATE
4/90
.. hOl
'.
- &: . 3/'1'"
CITY or DILRAr BIACH
. BOARD HEMBIR APPLICATIO_
NAHI ;VI; I, ~?' I?l) Ko :7 S
HOMI STRIET ADDRESS, CITY, ZIP (LEGAL RESIDENCI)
/621 //1.,1' /f/~ ;frE, ~6 /'1'0 P~L./1/JY .J5e.~c~h. ~~ Ji- v./-
PRINCIPLI BUSINISS STRIET ADDRESS, CITY, ZIP
---
2. 1,f - () 9 "'7 ,f'
. 80MI PHONI BUSI.ISS PROII
YOU INTIRISTID II SIIV'IIO
-.; "iVr'
-
LISf ALL CITY BOA IDS 01 waICB 01
SIRV D (Pl.... 1Dolud. d.t. )
C /t, C. /
-
a~'~~t;~ ~
EDUCATIONAL QUALIFICATIONS
--
-
LIST ANY RILATID PROFISSIONAL CIRfIFICATIONS AID LICIISIS VBICI YOU HOLD.
----- .
- -- ~ .
Gg/I/}1~~);IS~T, OR ~OSf RICI.T EM.LOYIR, AND .OSITIOI nPf-;('P~ 4:,-
~~,::- r..c'J..4" /7 ~ L" T/ c'" ~ ~~ rL,
DESCRIBI EI.IIIINCIS SKILLS 01 10VLIDOI QUALIF' SIRVI 0 M
.T~ BOARD. ~s V~A''' ~ /A/ ,. ~ /Z >e ~/ ~
, (../97'/c....... ~
-- -
PLEASI ATTACIl a.lll.. .ISUMI.
: 4-
I RIRllt CI.fII~; f."'" ALS' TII ABOVI STATIMIITS ARI TIUI, AID I AORSI AND
UNDIRSTAND T8A? Air MISSfATIMllf or MATIRIAL FACTS COITAIIID II THIS AP.
PLICATIO. MAY CAUSI rOI'IITUII U'ON Mt PART or Alt A"OII,TMIIT I MAY
RICIIVI.
4;'S~1 ~ -- J!-1-/fu ______
.
DATI
,. ,."
'.
CITY OF DELRAY BEACH fp- . ~-1 3
(-
BOARD MEMBER APPLICATION
NAME Barry E. Rubin
2025 Lavers Cr. n~o? nPlr~ R~~~~ ~L ~~44~
HOME ADDRESS (Street, City, Zip ode) (LECAL RESIDENCE)
777 East Atlantic Avenue, Delray Rerl("11. FT. i~L1R1
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE ?7F._17~h BUSINESS PHONE --2.26-1698
" ....
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Plrlnn;nq rln~ 7,nnin~ nn-:.rnt.own
-'" "-
Develoj;)rnent. ~ll~hnri ~y G~v~r~l Em~]oy~~~ R",~irpmQn~ Committ~~, Roarc~
"
.ID A(l;l1q~rnpn~ Comm'lt:l.i ty Rpr;p'tTol nr~~nt Ag",nry. ....a..c..C-.Hi c:::~nri,.. Pr"'c:"'rvation
-
J:lo~rXt ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
LIS L CITY BOARDS
SERVED (Please include dates)
Ch~rlotte City Planning Rnrlrn. lq~q_lqql .
EDUCATIONAL QUALIFICATIONS Arn",r;r;:ln f'nll",']p . Ftryn Mawr. ~A Cert;i";r;:lte
of Financial Planninq, WinthroD College. Roc lr 11; 1 1 . ~ C R;:) r 'h ~ 1 n r n i"
Science, Marketinq
LIST ANY RELATED PROFr~SIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
Certificate of Financial Plrlnn;ng. Serie~ 7. rlnn Tn~llr;:)nrp l;r~nc:::ec;
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Merrill Lynch,
Financial Consultant
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD
M . ,. / Q . 1::. . NC
Y pxp~r,pn('"tt=l ::tQ ::. ",",11Q,noC!C!. 1~tl n'tJT'1Q1"" .," t ~ City of Ch.rlgtt9,
and my Cllrrpn~ ~nrk ::t~ ::t Fin~n~i::t' Con~ultant ;n t11p nnwn~nun n"'1ray
Beach area.
PLEASE ATTACH A BRIEF RESUME.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF A1~ APPOINTMENT I MAY RECEIVE.
42~, - 7 Is jys
. SIGNATURE DATE
4/90
'.
,.
Barry E. Rubin
2025 Lavers Cr. 0302
Deiray Beach, FL 33444
(407) 276-1786
Employment History
financial Consultant, Merrill Lynch
Delray Beach, FL 1991 . Present
Design and implement detailed financial plans for my clients in areas such as
educational planning, retirement planning, the effective management of assets
during retirement, tax and estate planning.
Restaurant Owner/General Manager, Chandlers Restaurant Inc.
Charlotte, NC 1986 . 1991
.
Founded, designed, developed, equipped, and managed a full service restaurant
with a staff of up to SO, and annual sales in excess of $1 million.
Professional/Community ActIvities
Member, Boca Raton JCC Finance Committee, 1992
Member, Boca Raton JCC Membership Committee, 1992
Member, Charlotte City Planning Board, 1989 . 1991
Member, Charlotte Chamber of Commerce, 1988 . 1990
Chairman, Charlotte JCC Health and P.E. Board, 1988 . 1990
Education
American College, Bryn Mawr, PA
Certificate of Financial Planning, 1991
Winthrop College, Rock Hili, S.C.
Bachelors of Science, Marketing, 1986
" ,H',
, ~
CITY OF DELRAY BEAcn
lU!AJID MEHB.f;R APPLICAllQH.
Carol MucMilian Stanley
"AilE -- -- -
7062 Sims Road, P.O. Box 820 Delray Beach, FL 33447
1I0ltE STREET ADDRESS, ..CITY, ---------------- --------
ZIP (LEGAL RESIDE"CE)
29 NE Fourth Avenue Delray Beach, FL 33484
PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP
--
499-4963 276-6363
-------------
1I0t1E PIIONE BUSINESS PIIOflE
ON WIIAT BOARDS ARE YOU INTERESTED IN SERVINO DDA
LIST ALL CI TY BOA RDS ON Will CII YOU AR E CURR ENTL Y SERV I NO OR IIA VE P n EV 10USI. Y
SERVED (Please include dates) none
.
EDUCATIONAL QUALIFICATIONS BS ar FAU. J.D. cumlaude Univ~rsity of Miami
1970.
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AUD LICENSES WflICII yOU 1I0LD.
Member FLA BAR. South County Bar Assoc. Desiqnated i~Real Estate and
Wills, Estates, and Administration.
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITIO"
Attorney-partner at MacMillan, Stanley & Purdo. --
.
DESCRIBE EXPERIENCES, SkILLS OR kNOWLEDGE WIIICIt QUALIFY YOU TO SERVE on
. TlIIS BOARD. A downtown property owner: life lonq re~id~nt of Dplrny Rrh.
have been an attoIney here in same location since 1970.
PLEASE ATTACII A BRIEF RESUME.
.
I IIEREBY CERTIFY TIIAT ALL TilE ABOVE S TAT E It E In s ARE TRUE, AND I AGREE AUD
UtlDERSTAtlD TIIAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED HI TillS AP-
PLICATIon HAY CAUSE FORFEITURE' UPON HI PAnT OF' ANY APPOINTlIEtlT I HAY
RECEIVE.
~/ /;-1-9-
~a.-;' ~
DATE
~
'. '''I'
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LAW OFFICES
MACMILLAN, STANLEY & PURDO
MACMILLAN BUILDING
" 29 NORTHEAST F'OURTH AVENUE
p, 0, BOX 820
DELRAY BEACH, FLORIDA 33447-0620
NEIL E, MACMILLAN TELEPHONE
CAROL MACMILLAN STANLEY (407) 276.6363
THOMAS G, PUROO (407) 272 - 5757
(407) 737-6600
Carol MacMillan Stanley
Background Statement
Community Affiliations:
Cason Methodist Church
Past Chairperson Pastor-Parrish Relations Committee (1984) ,
past member Finance Committee 1987-1988
Currently, Chairperson of Board of Trustees 1988-1989
.
Member Jonathan Dickenson Chapter, DAR
Chairperson Bicentennial of Constitution (1987)
Palm Beach Hunt
Board of Directors and Whipper-In
Womens Executive Club
Past Vice-President
Delray Beach Historical Society
Board of Governors, Executive Committee, 1987-1990
Visions 2000 (1988)
Delray Beach Board of Realtors
Affiliate Member
Member Palm Beach County Commissioner Citizens Committee
on Agriculture (1989)
Other Information :'
Married to C.R. Stanley, two children ages 17 and 12.
Of 'H,'
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...
b
-
CITY OF DELRAY BEACH
I I _. BOARD MEMBER APPLICATION
NAME f.W f!- P. c-L - ~ . W r!t:J!' IJ N
4-=s1 s. W )/1 --nJ-- fJ.-qL ~ &A<:-N- 33 ys
~OME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENC )
/'10 tlL
PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code)
HOME PHONE ifo1-1/J g -1 s1 V BUSINESS PHONE tI otlL
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
t> ~OA"; C'5 P.> ; fel'\~;~l\ :fund
(~et\('rO-\~ ' ~d 8r
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates)
EDUCATIONAL QUALIFICATIONS elf} ~b-f- C-e..A D uA T'f- - .
B.). / H &5"1 }/f..SJ A-D ~! HJ5'Tt-ATJo t-.f - /1 AJ () ~ I H
~UHT7w6-
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
l.81:nFllSO puBwc- bl!r-N.tl-,<Nt:~~i 1
GI E YOUR PRESENT, OR MOrT RECENT EMPLOYER, AND POSITION
15"5 ..r-~M ~ ~UI1,IG--rnf/ fI~ PAf--n1
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS .
BOARD A-t-10 oS"I ~ ,/f:-A (LS oF- ftl B Lie- ~ut-tTnl6-
I H fi fl.1-I t A:f-efl- 5 0 F- I /'I D Ii fTf.. Y. I t{ ~P(TTo rI .
I w AS WIt J t-H A H 0 F- ---nk- Bv fW) "F- /8>.J J ST?1 EH-r-
/1-1 -P L-A { N~l '" ~ ~-J E-fl.-Sf:..J Fofl- 5 CJf=t-AL 'I f:-,AL{
PLEASE'ATTACH A BR!~ RESUMt~' I
--,~ '5" or-!1 uC-/t- {;; A-;:>5J
1 HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- -
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~ f)~ I IQro
, S ATURE DATE
4/90
I' 1"1.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM * \Dt\ - MEETING OF DECEMBER 7. 1993
ORDINANCE NO. 65-93
DATE: December 5, 1993
This is the second reading of an ordinance amending Section 4.4.11,
"Neighborhood Commercial (NC) District, of the Land Development
Regulations to provide for the display and sale of lawn furniture,
playground equipment, sheds and accessories as a conditional usej to
delete the dispensing of gasoline directly to a vehicle as a
conditional usej to delete veterinary offices as a conditional usej to
revise the maximum site area to two (2) acreSj and to provide for a
maximum floor area for single tenant office or service uses and single
principal uses.
The Planning and Zoning Board formally reviewed this item at its
meeting of September 20th and again on October 18th. At the October
18th meeting, the firm of Weiner and Associates restated its
opposition to a maximum floor area greater than 4,000 square feet per
tenant or use category in any circumstances. The Board forwarded the
proposed amendment with a recommendation of approval, based upon a
finding that the changes were not inconsistent with the Comprehensive
Plan. A detailed staff report is attached as backup material for this
item.
At the October 26th regular meeting, Ordinance No. 65-93 passed on
first reading with a 3 to 2 vote (Mayor Lynch and Commissioner
Ellingsworth dissenting).
At the November 2nd workshop meeting, the Commission expressed concern
about the intensity and application of the NC zone district
designation.
Subsequently, we have received a request for consideration of an
additional use, "retail sale of automotive parts without on-site
installtion thereof", in the NC Zone District.
The impetus for the request is that the requested use is similar to
other allowable principal uses in the NC zone district.
While there is some merit to the argument that the requested use is
akin to some of the allowable uses in the NC, there is more merit to
the argument that an auto parts store is not in keeping with the
purpose and intent of the district which is to accommodate limited
retailing.
C1r;:~
" .' ,
.
'.
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The Planning and Zoning Board has not reviewed this specific use
request. The Commission has several options available:
1. Take no action on the request and adopt Ordinance No. 65-93
as presented.
2. Accommodate the request and direct the City Attorney1s office
to redraft Ordinance No. 65-93 for first reading on December
14th.
3. Defer action on Ordinance No. 65-93 and refer the request to
the Planning and Zoning Board for consideration.
4 . Adopt Ordinance No. 65-93 and advise the applicant to
petition for a separate text amendment for consideration of his
request.
There is no staff recommendation.
Recommend approval of Ordinance No. 65-93 on second and final reading
and advise the applicant to petition for a separate text amendment for
consideration of his request.
'. ""
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~/
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~;i(
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: (~DAVID\ T. HARDEN, .CITY MANAGER
"'~'"._._,~.)~~ ~U~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 7, 1993
ORDINANCE NO. 65-93, NC ZONE DISTRICT
REQUEST FOR ADDITIONAL USE, SALE OF AUTO PARTS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
includinq an additional use to those allowed in the NC Zone
District.
The requested use is that of "retail sale of automotive
parts without on-site installation thereof". The request
is made by Attorney Alan Kan representing Discount Auto
Parts (West Atlantic Avenue, new store).
B A C K G R 0 U N D:
Attached is the letter request from Mr. Kan. He is bringing the
request forward, at this time, since consideration of the
totality of the NC Zone District is before the Commission. He
argues that the requested use is akin to other allowable
principal uses. As an alternative, he suggests inclusion as a
"conditional use"; and, identifies some specific restrictions.
A N A L Y S I S
While there is some merit to the argument that the requested use
is akin to some allowable uses, there is more merit to the
argument that an auto parts store is not in-keeping with the
purpose and intent of the NC Zone District. The more broad
argument presented by Mr. Kan would be applicable in the
accommodation of other retail uses (e.g. carpet and floor
covering; medical and surgical equipment, music and musical
instruments, nautical supplies, office furniture, sporting
goods, jewelry, furniture, etc. as are allowed under GC zoning).
Clearly, the intent of the NC District is to accommodate
"limited" retailing. The question comes as to where one draws
the line.
'.
,
"
City Commission Documentation
Ordinance No. 65-93, NC Zone District
Request for Additional Use, Sale of Auto Parts
Page 2
With respect to the site which is the focus qf the request (new
Discount Auto Parts store on West Atlantic Avenue) , it can
accommodate additional on-site development which may accommodate
office and/or service uses as allowed in the NC District. The
existing structure (10,000 sq.ft.) could be used for other
retail use as allowed in the NC District or it can be converted
to office and/or service use combined with such retailing.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not reviewed this specific use
request.
A L T ERN A T I V E ACT ION S
'"
Since the NC Zone District regulations are before the Commission
at second reading, the following options are available with
regard to disposition of this request:
A. Take no action on the request and adopt~ Ordinance No.
65-93 as presented.
B. Accommodate the request by directing the City Attorney to
redraft the proposed ordinance and have a new first reading
on December 14th, with public hearing and second reading in
January.
C. Defer action on the proposed ordinance; refer the special
request to P&Z for comment; and reconsider the matter in
January at which time either action "A" or "B" would be
pursued.
D. Adopt Ordinance No. 65-93 as presented; but, ALSO,
provide direction to Mr. Kan to petition for a separate
text amendment for consideration of his request.
R E COM MEN D E D ACT ION:
Commission's discretion.
Attachment:
* Request letter dated November 18, 1993
DJK/CCKAHN.DOC
'.
'. ...362795 LI TI GRTI ON 342 F'02 HOt) 17 '93 22:41
. /f" BEDZOW, KORN, KAN & GLASER, P. A.
, j' ArrORNEYS AT LAw
"AAEL BEDZOW Svrrn 200
"AllY A. KORN 2Q.80J BOC\l'h'E BooLev"'R.D TEU!PHONIl (305) 935.6888
ALAN J. ~ A VV..\;RA. P...cllDA 33180 (305) 523-6001 (BROWAAD)
A.ll.AN M. GLASER N.<\l:!.l'N-G AOOUSS TELEFAX (305) 936-9S02
GARY t. BROWN P,O. B,oX fmQ (305) 932.6043
RIOWlD C. WOlFE HAt.L""'''O~lS. Fl.oll..IDA Hoot
REBECCA S. T1UNKLER
M.A.N~. SCHNEIDER
Ne^I"a.L~OITNER
ALEx J. CARDENAS
November 18, 1993
VIA: FACSIMILE and u.s. MAIL
Ms. Diane Dominguez
Principle Planner
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
Re: Discount Auto Parts Parce1/W. Atlantic Avenue
Delray Beach, Florida
Your File. 93-140
Our File No. 1578.12
Dear Ms. Dominguez:
Following up on our conversation, please accept this
correspondence as the undersigned's client, Discount Auto Parts,
Inc. , request that the City staff and the City Commission consider
the authorization as a permitted use within the zoning designation
NC (Neighborhood Commercial), the "retail sale of automotive parts
without on-site installation thereof". As per our discussion, this
request is being made as an adjunct to the City Commission's
consideration of certain proposed changes to the zoning district
regulations in the aforementioned category, inasmuch as same is
consistent with certain of the retail uses presently allowed within
the NC district, such as retail stores for convenience foods,
household supplies, garden and la~n supplies, etc.
Alternatively, we would request that such use be considered as
an allowable "conditional use" under the NC district, subject to
the applicable provisions of Section 2.4.5(e) of the City Code,
which would give the City strict control over the type of store
within which such said sales would be allowed. This would be
especially true in the instant case as our client has spent a great
deal of money in constructing its store on the aforementioned
property and has, including but not limited, comply with all
applicable provisions of the City Site Plan requirements relating
to appearancer landscaping, colorations, signs, etc. ; and would be
greatly disadvantaged should a catastrophe occur which would (such
as fire or hurricane) not allow it to rebuild the store.
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Ii- ~ I .i, W/,'-'.- ~ .\0 '...Il-. ,..)4,::' ,....~',I.:.) 1"~I_I1.cJ .r - ( -J''', =::.' e:. ; L.,', c:..
,;'-'..,.I....J4- f ~..J
Ms. Diane Dominguez
November 17, 1993
Page 2
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Moreover, additional conditions could be placed on. the
authorized use thereof so as to prevent same from being contained
within a strip center, but rather require same to be in a free-
standing building such as the Discount Auto Parts store on West
Atlantic Boulevard, and, further, that the size of the parcel be of
a certain minimum with appropriate parking, landscaping, etc. being
provided such that the subject parcel of property would be the only
parcel of property within the City given NC upon which such a store
could be constructed.
I trust the above will be sufficient for your initial
consideration of our client's requestj and would request that you
contact me upon receipt of this correspondence so that we may more
fully discuss same.
Thank you in advance for your anticipated consideration and
cooperation.
yours,
AJK:msn
cc: Mr. Cliff wiley
AJX/1i78.12/1oaO&.01
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ORDINANCE 65-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF I
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.11 "NEIGHBORHOOD
COMMERCIAL (NC) DISTRICT" , OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION
4.4.11(0), "CONDITIONAL USES AND STRUCTURES
ALLOWED" , TO PROVIDE FOR THE DISPLAY AND SALE OF
LAWN FURNITURE, PLAYGROUND EQUIPMENT " SHEDS AND
ACCESSORIES AS A CONDITIONAL USE; TO DELETE THE
DISPENSING OF GASOLINE DIRECTLY TO A VEHICLE AS A
CONDITIONAL USE; TO DELETE VETERINARY OFFICES AS A
CONDITIONAL USE; BY AMENDING SUBSECTION 4.4.11 ( F) ,
"DEVELOPMENT STANDARDS", TO REVISE THE MAXIMUM SITE
AREA TO TWO (2) ACRES; BY AMENDING SUBSECTION 4.4.11 ,
(H) , "SPECIAL REGULATIONS", TO PROVIDE FOR A MAXIMUM
FLOOR AREA FOR SINGLE TENANT OFFICE OR SERVICE USES
AND SINGLE PRINCIPLE USES; 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 October 18,
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 reviewed the subject 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;
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Section 1. That Chapter 4, "Zoning Regulations", Article 4.4, I
"Base Zoning District", Section 4.4.11, "Neighborhood Commercial (NC)
District", Subsection 4.4.11(D), "Conditional 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:
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(D) Conditional Uses and Structures Allowed: The following I
uses are allowed as conditional uses with the NC District: I
( 1 ) Child care and adult day care
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( 2 ) ~t~p~~~t~~/~t/~~~~~t~~/~tt~~~~t/~~/~/y~~t~~~
Display & Sale of lawn furniture. playground
equi-pment. sheds and accessories I
(3 ) Veterinary clinics ~~~/~ttt~~~
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Section 2. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.11, "Neighborhood Commercial (NC)
District", Subsection 4.4.11(F), "Development Standards", of the Land !
Development Regulations of the Code of Ordinances of the City of Delray i
Beach, Florida, be, and the same is hereby amended to read as follows: I
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(F) Development Standards: In addition to the I
development standards set forth in Section 4.3.4,
the following shall apply:
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( 1 ) Maximum site area of t~~tll~l two (2) acres i
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Section 3. That Chapter 4, "Zoning Regulations", Article 4.4, i
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"Base Zoning District", Section 4.4.11, "Neighborhood Commercial (NC)
District", Subsection 4.4.11(H), "Special Regulations", 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:
(H) Special Regulations:
( 1 ) ~~t/~~t~/t~~~/tw~/I~lll_t~tJ~tlpt~t~__t~~~J/~t
~~_t~~__/~ttt~~_I_~~JJ/~~/~JJ~w~~/wtt~/~/_t~~J~/~~
~~y~J~p~~~t/~~tl_~~JJ/~~tl_~~~/~ttt~~/~_~ The maximum
area devoted to a single tenant for office or service
uses shall not exceed 2,000 sq. ft. in floor area. I
The intent tt Qf these restrictions is to maintain I
the center at the neighborhood scale. i
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(2) The maximum floor area which can be allocated to a I
single retail use. or groups of similar (retail. i
office. services) principal uses retail/te~a~t/0r/t0 I
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s~eeifie/retail/~ses'/si~~~larlY/0r/i~/t~e I
a~"re~atee. shall not exceed i~,~gg 10.000 square I
feet.
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.
-2- ORD. NO. 65-93
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Section 5. That all ordinances or parts of ordinances which are i
in conflict herewith are hereby repealed. I
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Section 6. That this ordinance shall be corne 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 I 1993.
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MAYOR I
ATTEST: I
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Acting City Clerk I
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First Reading: :
Second Reading:
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-3- ORD. NO. 65-93
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~D T. HARDEN, CITY MANAGER
~.j ~\.)cta'
FROM: ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 26, 1993
LDR TEXT AMENDMENT - NEIGHBORHOOD COMMERCIAL (NC) ZONE
DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the city Commission is that of
approval on first reading of an ordinance which effects
changes to the Neighborhood Commercial Zone District.
B A C K G R 0 U N D:
Please refer to the attached P&Z Staff Report for a historic
perspective on the NC Zone District. Within the past year
specific instances dealing with interpretation as to whether or
not a gasoline station is an allowable use; and, the intensity
of retail uses have placed the need to review and modify the NC
District regulations.
The qeoqraphic areas affected by the proposed amendment include:
* the northwest corner of Seacrest and 22nd;
* the northeast corner of Seacrest and 22nd;
* parcels along Atlantic Avenue, west of Barwick;
* the Hamlet Shoppes & adjacent land (Atlantic Avenue);
* the Discount Auto Parts parcel (West Atlantic Avenue)
which is currently being annexed with NC zoning; and,
* the recently annexed Taheri property on Military Trail
which has a potential for application of NC zoning.
The issues/items addressed by the proposed amendment include:
A. Deletion of use which may have been construed to
accommodate a gasoline station;
B. Addition of the use conducted at The Hitching Post
(West Atlantic Ave) as a conditional use;
C. Reduction of intensity by reducing allowable lot area
from four (4) acres to two (2) acres;
D. Reduction of intensity by reducing allowable floor
area allocated to retail use from 35,000 sq. ft. to
10,000 sq. ft. , and applying the new limitation to
office and service uses;
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City Commission Documentation
LOR Text Amendment - Neighborhood Commercial {NC} Zone District
Page 2
E. Elimination of a restriction on the number of similar
office and business uses; and of a 2,000 sq. ft.
limitation on the aggregate for office and business
uses; and,
F. Removal of the words "and offices" from the listed
conditional use of "veterinary clinics".
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of September 20, 1993. Public testimony was taken (see
Dominguez memo of October 12th) and the matter was continued to
the meeting of October 18th. Please refer to the P&Z Staff
Report (memo) for the October 18th meeting for the analysis and
response to points raised at the public hearing. At the October
18th meeting, the firm of Weiner & Associates restated its
opposition to a maximum floor area greater than 4,000 sq. ft. per
tenant or use category in any circumstance. A rationale was
provided by the Director in support of the 10,000 sq. ft.
requirement. All supported the reduction in intensity by
reducing the allowable lot area.
The Board then forwarded the proposed amendment with a
recommendation of approval, based upon a finding that the
changes were not inconsistent with the Comprehensive Plan.
The proposed amendment as recommended by the Board is as
follows:
(D) (2) DELETE Dispensing of gasoline directly to a vehicle
(D) (2) NEW (add) Display & Sale of lawn furniture, playground
equipment, sheds, and accessories
(D) (3) PARTIAL DELETE Delete the words "and office"
(F) (1) Change maximum site area to two (2) acres
(H)(l) REWORD to:
"Jff5t a'lf5te. tKali twf5 (21 ~La'lLZat ptf5te~~Lf5riaZ f5t
kSlf~Llie~~ f5ttLrte~ ~KaZZ kSe aZZf5we~ wLtKLri a ~Lri,Ze Jf~
~e1eZf5pa'lerit lif5t ~KaZZ alit ~lfrtK f5ttLrte lf~e The maximum
area devoted to a single tenant for office or service
uses shall not exceed 2,000 sq. ft. in floor area. The
intent Lt of these restrictions is to maintain the
center at the neighborhood scale.
(H) (2) REWORD to:
"The maximum floor area which can be allocated to a -
single retail use, or qroups of similar (retail,
office, services) prinCipal uses tetaLZ terialit f5t tf5
~pertLtLrt tetaLZ lf~e~I ~Lri,lfZatZt f5t LIi tKe a"te,atel
shall not exceed 31/888 10,000 square feet.
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City Commission Documentation
LDR Text Amendment - Neighborhood Commercial (NC) Zone District
Page 3
In addition to the above, the Board directed the Staff to
proceed with rezoning actions affecting areas zoned NC in both
the northeast and northwest quadrants of the intersection of
Seacrest and 22nd Street.
R E COM MEN D E D ACT ION:
By motion, approval of the amending ordinance on first reading
and set 2nd reading and public hearing consideration for
November 9, 1993.
Attachment:
* Ordinance by others
* P&Z Staff Report & Documentation of October 18, 1993
* Dominguez memo of October 12, 1993
* P&Z Staff Report of September 20, 1993
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
FOR
L.D.R. AMENDMENT
MEETING DATE: SEPTEMBER 20, 1993
AGENDA ITEM: III.B. .- " ,
SUBJECTs CHANGES TO THE N.C. ZONE DISTRICT
LOR REFERENCEs 4.4.11 (0)(2) and (H)(2)
I T E M B E FOR ! T H ! BOARD
The item before the Board is that of making a .
recommendation to the City Commission on' the proposed . .
modifications to the City's Land Development Regulations
(LDRs). . '.
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Pursuant to LDR Section 1.1.6, no amendment may be made
until a recommendation Is obtained from the Planning and
Zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board
is to review the proposed amendment with respect to its ...
relationship to the adopted Comprehensive Plan of the City.
Since the proposed amendment may substantially affect the
use of property which is presently zoned H.C., each owner
of N.C. property has been given notice of this
consideration. The consideration is to be made after a
public hearing.
BACXGROUHD
The N. C . Zone District existed prior to 1976. At that time,
there were only a few principal uses. Retail use was allowed
only as a conditional use. The purpose statement provided that
the N.C. zone was to accomm~ate neighborhood needs based upon. a
3/4 mile service area.
'In revisions (1976-1980) , retail of convenience goods was moved
to a principal use; and, in general, the range of uses was
increased.
In preparation of the LORs (1990), ~wo changes of substance were
recommended by the Planning and Zoning Board.
* One was that "gasoline stations" be changed to "dispensing tr
c- . gasoline directly to a vehicle". The intent was that while b.
normal gasoline station was not appropriate, the ability to "gas .
up" at a convenience store should be retained.
III.B.
.. . P&Z Sta f f Report
Changes to the N.C. Zone District
Page 2
. The other involved placing a restriction on the use area
allocated to s imi lar of f ice/professional uses [see subsection
4.4.11(H)(1)).
Also, the reference to a 3/4 mile service radius was deleted and
language was provide which accommodates the N.C. zone within the
Transitional Land Use designation.
During the hearing associated with the new zoning map, a change
in zoning for property located at the corner of Seacrest and
22nd raised another issue. Previously, the Future Land Use Map
classified the site as "Transitional"; thus, the (then) existing
zone designation of Limited Commercial (LC) was no longer
applicable. The proposed zoning was RM, the owner's agent
sought N.C. The Planning and_Zon~ng B?~rd declined to re~~end
a change to the N.C. zone in that they .~eeme~_ th~ _-~cale-of -.-the . -."
project (Food Lion) being considered for this p~rticular 8if~~- a
Land Use Map designation o~ General Commercial would. be
necessary as opposed to the underlying designation-- of
Transitional. At the City Commission hearings, the Commission
was receptive to the request for N.C. zoning. In order to
accommodate the situation, the Commission added subsection
(H){2) which placed a limitation on retail users at 35,000
sq.ft. per N.C. development.
During the past three years concerns have been raised with the
application of the gasoline dispensing use and with the scale of
retail which is allowed. Thus, proposed changes to the' N. C.
Zone District are now before the Board.
PRO pas E 0 AM! NOM E N T
DELETE from Section 4.4.11(0) Conditional Uses Allowed,
subsection (2); to wit:
(21 0l~~~~~lri~ ~t ~a8~Zlri~ dlt~~tZt t6 ~ ~~Xl~Z~
CHANGE with Section 4.4.ll-(H) Special Regulations, a portion of
aubsection (2); to wit:
(2) The maximum floor area which can be allocated to a
single retail tenant or to specific retail uses, singularly or
in the aggregate, shall not exce~~. 31/009 10,000 square feet.
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A MAL -Y S I S
Re: Gasoline Service: The"problem with 'the use as described is
that a petitioner sought to interpret the item as' allowing
typical, high-volume gasoline outlets. Th~ land use petition
was accepted and processed, and the Planning and Zoning Board in
addition to recommending denial found the interpretation to be
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P&Z Sta f f Report ,i
Changes to the N.C. Zone District '
Page 3
inappropriate. (The petition was later withdrawn at the City
Commission level). During debates, it was claimed that the use
of gasoline pumps at a convenience store is no. longer a
practice. Thus, if indeed that is the situation, the original
intent of inclusion for the gasoline service use does not exist;"
and, to avoid future confusion, the use shoul~be ~tricke~~ :~.
Re: General Retail @ 35,000 sq.ft.: In 1990, it was clear to
the Planning and Zoning Board that a 35,000 retail (food) outlet
would not be proper in the N.C. zone district and that General
Commercial zoning was required. The City Commission in itl last
meeting for action upon adoption of the LORe, inse~ted the area
restriction so as to set a limit on the extent of retail' which
could be established on any single N. C: property. That City
Commission action was done to accommodate a proposed food store
at Seacrest and 22nd Street. Since that time, Commissioners
have expressed second thought on that previous action. "Both at
the Planning and Zoning Board and City Commission level there"'"
has been direction to re-visit this matter. The itea has
recently had further exposure when N.C. zoning was discussed as
a possible future zoning for a portion of the Taheri property
off Military Trail.
From the historic record (Background Section), it is clear that
the N.C. zone district was not intended to accommodate a use,
which would have a service area based upon 35,000 sq. ft. of
retail or food store. The prpposed floor area of 10,000 eq.ft.
is more in keeping with convenience stores and the complimentary
similar uses which may be found in a neighborhood center.
Re: Affected Properties: At this time there are four (4) N.C.
zone districts located in the City. Another property (Discount
Auto on West Atlantic) is soon to be annexed with that zoning.
Attached is a report which identifies each location, the current
usage, and comments on its zoning history. A brief description
of the use at each site is as follows.
.1 Northwest Corner of Seacrest and 22nd: Except for the
corner buildings this property has not been used for several
years. A former office complex and a former gasoline station
,remain in dilapidated states. The total land area is 4.32 acres
(including the occupied corner).
The former gasoline station was zoned to'N;C; (from C-2)~ 'The
balance of the site was annexed ~n 1985 with L.C. zoning to
accommodate the proposed Shoppes of Seacrest, a 35,OOO+.sq.ft.
retail center. While a site plan had been approved, the use was
not established. For several years thereafter , it was rumorec1-
that a Food Lion was to occupy the site; but there has riot beel
a site plan approved, nor have there been any retail inquiries
for quite awhile. The existing uses were proposed for N.C.
zoning and the balance of the property as R.'M. with the LORe;
however, the entire site was placed in the H.C. category at the
property owners' request.
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Changes to the N.C. Zone District
Page 4
'2 Northeast Corner of Seacrelt and 22nd: The corner parcels
(6) were annexed prior to 1962 with C-l zoning. N.C. zoning was
applied in 1976. The balance of the properties {7 parcels) were
annexed in 1988 with R-1AA zoning. With the LDRs adoption, all
the parcels were zoned N.C. One non-conforming non-residential
use (Dance studio) exists and two non-conformill9 residences
exist. The basis and appropriateness of the' N.C. zoning on the
former R-1AA properties needs to be explored.
#3 Strip parcell along West Atlantic Avenue, west of Barwickl
This property was developed as a commercial strip under the
County. Upon annexation in June, 1992, the N.C. zoning was
applied in that' it was appropriate as to the intensity of the
current use. There are three (3) separate parcels with a total
land area of 1.6 acres. .. - - - - -"
#4 The Hamlet Shoppes , Adjacent Land: A portion of this area
is a typical Neighborhood Commercial center. The center is 1.3
acres. The other property contains the Hitching Post which sells
outdoor play and storage equipment. This is a non-conforming
use. The Hitching Post is on 1.9 acres of land. These
properties were annexed in 1983 with G.C. zoning. The N.C. zone
district was applied to these parcels in 1990 following adoption
of the LORs. The FLUM designation is General Commercial; but,
consideration of a "corrective" amendment to "Transitional" is
in processing.
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ASS E SSM E N T AND CON C L U S 10M 8
The proposed amendments to the N.C. District are appropriate
given the desired scale (intensity) of the uses to be
accommodated in it. The uses being deleted ~~ ,~ot presently . __
exist on any N.C. zoned property; thus, no non-conforming
situations will be created. There are no active land use
applications which would be impacted by the proposed changes.
Given the above assessment, it is proper to make the proposed
changes at this time.
Also, since the N.C. District is before the Board for
consideration, it is also appropriate to consider any other
changes which may be appropriate. Thus, additional changes may
be raised by the Board, or through the public hearing process.
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A L T ERN A T I V E ACT ION S
1- Recommend denial in that the proposed modifications:
a) are not consistent with the Comprehensive Plan,
specifically with regard to (identify specific
policies or direction);
and/or
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P&Z Staff Report ' ,;~
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Changes to the N.C. Zone District ','.:
Page 5
b) are not necessary, nor appropriate in that the
inclusion of the items in October, 1990, was based
upon sound reasoning and circumstances which have not
changed. 7
2. Recommend approval based upon a finding that the proposed
modifications: - . -
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a) are not inconsistent with the ComprehensIve PlanJ
and
b) are consistent with and further the Comprehensive Plan
by providing a greater degree of protection for
adjacent and nearby residential neighborhoods.
3. Continue with direction.
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R E COM MEN D E D ACT ION
By motion: a recommendation per Alternative Action '2 as stated
above. ~ .
Report prepared by: "~,";~.J...~~wy- Date 41!i1
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Report reviewed by: Date
Attachments: . - " -
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'* N.C. Zone District Text -
'* Report by Jeff Perkins, Assistant Planner, re existing
conditions of NC zoned property
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: DAVID KOVACS ( :
FROM: DIANE DOMINGUE~ L Ct,-,,-~ ~1.\\!/ '\lJL~
SUBJECT: P & Z BOARD DIRECTION RE: CHANGES TO NC DISTRICT
DATE: OCTOBER 12, 1993
At its meeting of September 20, 1993, the Planning and Zoning
Board considered the proposed amendment to the Ne (Neighborhood
Commercial) zoning district regulations. During the public
hearing on the item, the following comments were made from the
floor:
Randy Cooper, resident on 22nd Lane: Single family homes
annexed in 1988 (4 lots) and given Ne zoning. Wants single
family zoning.
Oebra Dowd, representing Seacrest Homeowners Assoc.:
Wanted to know the reason for the changes and was upset
that the association wasn't notified.
Mike Weiner, representing Del Aire H.O. Assoc.: Scale of
NC uses should be reduced. 10,000 sq. ft. too large for
single tenant. 4,000-5,000 sq. ft. probably more
appropriate.
Lori Cohen, representing The Hamlet H.O. Assoc.: Supports
changes.
Roger Saberson, representing Art Mirandi, owner of the
Hitching Post: Asked the Board to consider adding his
client's use as an allowable use in order to make it
conforming.
Tt),e Board discussed the item and tabled it to the October
meeting with the following direction:
That it is probably appropriate to reduce the maximum
allowable tenant size to 5,000. sq. ft. or so, but that
existing uses should be evaluated to determine if any would
become nonconforming as a result.
Jean Beer felt that the code should not be changed to
accommodate one person such as the Hitching Post.
That the zoning of the residential properties should
probably be changed to single family.
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PLANNING , ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE: OCTOBER l8, 1993
AGENDA ITEM: V.A.
SUBJECT: MODIFICATIONS TO THE NC ZONE DISTRICT
B A C X G R 0 U N D
Proposed amendments to the NC Zone District were considered
at a public hearing before the Board on September 20, 1993.
The staff report for the item and the NC Zone District
regulations (with proposed modifications) as presented on
September 20th are attached. Also attached is a staff
memorandum (Dominguez lO/12/93) which recaps testimony and
direction from the public hearing consideration.
CURRENT SIT U A T ION , I S SUE S
1. The proposed changes to delete the use "Dispensing of
gasoline directly into a vehicle" is not at issue; and,
is supported.
2. The deletion of the words "and office" in association
with the use of Veterinary Clinics is not at issue;
and, is supported. .
3 . A change in zoning from NC to R-I-A (or other
appropriate residential zone district) along N.E. 22nd
Street cannot be forwarded at this time; however, the
Board may direct that such a rezoning be initiated and
the processing commence.
4. The request to include the use category for the
Hitching Post appears appropriate given the zoning
history of. the property (at one time the GC designation
was shown on the zoning map) and the presence of
"equipment rental" as an allowable use. It is
suggested that the use be added to the District as a
conditional use.
5. The final item is the request to reduce the maximum
allowable floor area for a single retail tenant or
specific retail uses, singularly or in the aggregate,
from 10,000 sq. ft. to 4-5,000 sq. ft. Of the present
uses on property zoned HC, we have the following
allocations for floor area:
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P&Z Staff Report ,
Modifications to the NC Zone District
Page 2
* 5,000 sq. ft. and greater
- The Hitching Post on West Atlantic (1,300 office,
6,000 outside sales area) (non-conforming)
- Delray Farmers Market on West Atlantic (5,100)
- The aggregate of the Hamlet Shoppes (8,800)
- One structure in the former office complex on
Seacrest (11,269) and the aggregate @ 23,627
* 4,000 - 5,000 sq.ft
- Newton's Radio & TV (4,080)
* 3,000 - 4,000 sq. ft.
- Domino's & Kwik Stop on Seacrest (3,800)
- Grand Rental on Seacrest (3,040)
- Handi Mart on W. Atlantic (3,000)
The balance of the uses are less than 3,000 sq. ft. Thus, at
5,000 sq. ft. one allowable use would be affected. At 4,000
sq. ft. another allowable use would be affected. The effect
is that neither would be allowed to expand; and, if
destroyed, would not be allowed to be re-established at more
than 5,000 (or 4,000) sq. ft.
As another part of our research we selected some "typical"
neighborhood centers to determine their land area and floor
coverage. The following was ascertained:
* Pelican Harbor Shoppes @ S. Federal and Tropic Isles Dr
Parcel Size of 64,300 sq.ft 1. 48 acres
Total Floor Area 14,000 sq. ft. 0.22 FAR
Largest Tenant 3,OOO+sq.ft.
* Sherwood Plaza @ Lowson and Congress
Parcel Size of 132,000 sq. ft. 3.04 acres
Total Floor Area 30,700 sq. ft. 0.23 FAR
Largest Tenant lO,OOO sq. ft. Stern's
* Mayfair Plaza @ SE 6th Ave & SE 9th St
Parcel Size of 27,000 sq. ft. 0.62 ac
Total Floor Area 8,200 sq. ft. 0.30 FAR
Largest Tenant 1,000 sq. ft. +/-
* The Hamlet Shoppes @ W. Atlantic Ave
Parcel Size of 56,620 sq.ft 1. 30 ac
Total Floor Area 8,800 sq. ft. 0.16 FAR
From the above information, a different approach to the
issue of size and intensity might be considered. This
approach is to reduced the allowable land area to two (2 )
acres. With a FAR of .3 to .22, the resulting floor area
per development would be 19,200 to 26,000 < sq. ft. Within
such a complex a single principal use (retail sales,
o.
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" · P&Z Staff Report
Modifications to the NC Zone District
Page 3
services, offices) would be restricted to 10,000 sq. ft. as
would the aggregate of such uses. There would be no maximum
set for conditional use items; however, during the
conditional use process a maximum could be imposed if
appropriate.
The resulting text language (changes) to accommodate the
above suggestion would be as follows:
(F)(I) Maximum site area of t~~t two ('2) acres.
(H)(2) The maximum floor area which can be allocated to a
single principal use, or group of similar (retail, office,
services) principal uses tetall te~a~t ~t t~ _pe~ltl~ tetall
~~e~I 8lli~~ZatZt 'lJat l~ t)ie a~~te~atI!I shall not exceed
3S/000 10,000 square feet.
There has been a question as to where the number 4,000
sq. ft. per tenant (which was aired during annexation
hearings on the Taheri property) came from. The statements
made by the Director were in error as he confused the
requirement for a free-standing building to have a minimum
floor area of 4,000 sq. ft. [(F) (3)] with the maximum floor
area required for users.
A L T ERN A T I V ! ACT ION S
1. Continue with further direction.
2. Forward with a recommendation supportive to the
Director's recommendations.
3. Forward a different recommendation.
R E COM MEN 0 E 0 ACT ION
By motion, based upon a finding that they are not
inconsistent with the Comprehensive Plan, forward the
following proposed changes to the city Commission for
enactment:
(D)(2) DELETE Dispensing of gasoline directly to a
vehicle .
(0)(2) NEW (add) Display & Sale of lawn furniture,
playground equipment, sheds, and accessories.
(0)(3) PARTIAL DELETE Delete the words "and office"
(F)(I) Change maximum site area to two (2) acres
"
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P&Z Staff Report .
Modifications to the He Zone District ,
Page 4
(H) (2) Reword to:
"The maximum floor area which can be allocated to
a single principal use, or group of similar
(retail, office, services) principal uses shall
not exceed 10,000 square feet."
ALSO, direct the Staff to proceed with rezonings from He to
appropriate zone di ts for land in the area northeast
of the intersecti of se crest and 22nd Sereet.
Report prepared Date: ~
Attachments:
* September 20th Staff Report with N.C. Text (inventory
is not included)
* Dominguez Memorandum re 9/20/93 Hearing.
DJK/PZNC18TB
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Section 4.4.11
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Section 4.4.11 Neiqhborhood Commercial (NC) District:
( A) Purpose and Intent: The Neighborhood Commercial
(NC) District provides the opportunity to locate limited retail
and service uses in a manner convenient to and yet not disruptive
to residential areas. The NC District may be located in areas
designated as Transitional on the Future Land Use Map when a
nonresidential use is appropriate for the location.
(B) Principal Uses and Structures Permitted: The following
types of use are allowed within the NC District as a permitted
use:
( 1 ) Retail sales such as: convenience foods;
household supplies; garden and lawn supplies; drugs and medicine;
small appliance sales and repairs; baked goods; delicatessen
goods.
(2 ) Provision of services such as: barber and beauty
shops; dry cleaning limited to on-site processing for customer
pickup only; dry cleaning and laundry pickup stations; financing
e.g. banks and similar institutions excluding drive-through
facilities; laundromats limited to self-service facilities
. dining at sit down restaurants including takeout and ice crea,_
parlors but excluding drive-in, drive-through facilities;
equipment rental; newsstands.
( 3 ) Business and Professional Offices which provide
direct services to customers such as: travel agencies; outpatient
medical offices; real estate; finance and accounting; community
service (outreach) offices. With limitations per Subsection (H) .
(C) Accessory Uses and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal
use:
( l) Parking areas for employees and customers
(2 ) Refuse and storage areas
(D) Conditional Uses and Structures Allowed: The following
uses are allowed as conditional uses within the NC District:
( 1) Child care and adult day care
\ f'\ ~ \.c\ c...:fo.O ~ ol.;" ~ S?a tes
~ .
( 2 ) Bispen~ing of-qasolinc directly ~e~e-
,
(3 ) Veterinary clinics and offices
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4431
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Section 4.4.l1 (E)
(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), (G) , and (I).
( 3 ) Conditional uses must be approved pursuant to the
provisions of Section 2.4.5(E}.
(F) Development Standards: In addition to the development
standards set forth in Section 4.3.4, the following shall apply:
( 1 ) Maximum site area of four (4) acres
( 2 ) Special Landscape Area: Within the first ten feet
( 10 ' ) of the front yard setback area (abutting the property line)
full landscaping shall be provided. Driveways and sidewalks
shall be accommodated only when generally perpendicular to the
property line.
( 3 ) Any free-standing structure which accommodates a t
principal or conditional use shall have a minimum floor area of
4,000 square feet.
( G) Supplemental District Requlations: The supplemental
district regulations as set forth in Article 4.6 shall apply.
( H) Special Requlations:
( 1 ) Not more than two (2) similar professional or
business offices shall be allowed within a single NC development
nor shall any such office use exceed 2,000 sq. ft. in floor area.
The intent if these restrictions is to maintain the center at the
neighborhood scale.
(2 ) The maximum floor area which can be allocated to a
single retail tenant or to specific retail uses, singularly or in
the aggregate, shall not exceed 35,000 square feet.
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4432
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # l D 6 - MEETING OF DECEMBER 7. 1993
ORDINANCE NO. 71-93
DATE: December 5, 1993
This is the second reading of an ordinance changing the Land Use Plan ,
Designation in the Comprehensive Plan for a parcel of land located at
South Federal Highway and S.E. 5th Street (Mayfair Animal Hospital I
parking lot) from Medium Density Residential in part and Transitional i
in part to Transitional.
This land use plan amendment is consistent with the criteria for small
scale land use plan amendments and will create consistency with the
current zoning designation and existing land uses.
The Planning and Zoning Board at their November 15th meeting
recommended approval. See backup material attached to Ordinance No. ,
67-93. i
At the November 23rd regular meeting, Ordinance No. 71-93 passed on I
first reading by a 5 to 0 vote. I
Recommend approval of Ordinance No. 71-93 on second and final reading, i
based upon positive findings with respect to LDR Section 3.1.1 (A) .
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ORDINANCE NO. 71-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY
BEACH LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE
PLAN FOR A PARCEL OF LAND AS MORE PARTICULARLY
DESCRIBED HEREIN FROM MEDIUM DENSITY RESIDENTIAL IN
PART AND TRANSITIONAL IN PART TO TRANSITIONAL; SAID
LAND IS LOCATED AT SOUTH FEDERAL HIGHWAY AND S.E.
5TH STREET; PROVIDING FOR EXEMPTION FROM THE
TRANSMITTAL-AND-ORC PROCESS; PROVIDING A GENERAL
REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1- That the legal description of the subject property
is as follows:
The Westerly 303.23' of North 75' of Lot 12, Block
1, OSCEOLA PARK, Plat Book 3, Page 2, (the parking
lot behind Mayfair Animal Hospital); containing
0.522 acre parcel of land, more or less.
The subject property is located at South Federal
Highway and S.E. 5th Street.
Section 2. That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby changep to Transitional.
I
Section 3. That the City of Delray Beach elects to make this
small scale amendment exempt from the transmittal-and-ORC process by
having only an adoption hearing, pursuant to Florida Statutes Section
163.3187, as amended by S8 1882 (Committee Substitute) effective April
8, 1992.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section S. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective upon
the issuance of a notice of intent to find a plan amendment in
compliance by the Department of Community Affairs.
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
bar non. crd
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t1vl
SUBJECT: AGENDA ITEM i t lj C - MEETING OF DECEMBER 7. 1993
ORDINANCE NO. 79-93
DATE: December 5, 1993
This is the second reading of an ordinance correcting the zoning
classification for a parcel of land located at the southeast corner of
S. Federal Highway and S.E. 5th Street (Mayfair Animal Hospital) from
GC (General Commercial) zone district in part and R-1AA (Single .
Family Residential) zone district in part to POD (Professional and
Office District).
This proposed rezoning will bring the zoning into compliance with the
Transitional Land Use designation for this property.
The Planning and Zoning Board at, their November 15th meeting
recommended approval. See backup material attached to Ordinance No.
72-93.
Subsequently, staff received a letter protesting the rezoning of the
Mayfair Animal Hospital to POD. The letter cites that the current
tenant has a considerable retail business which would be affected by
the proposed zoning change. Staff has responded to the letter and
indicates that retail sales of pet products and supplies can be
permitted as an accessory use to the veterinary clinic. Therefore,
POD zoning will not make the retail component of the business
non-conforming.
At the November 23rd regular meeting, Ordinance No. 79-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 79-93 on second and final reading.
.
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I
ORDINANCE NO. 79-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLASSI-
FICATION FOR A PARCEL OF LAND AS MORE PARTICULARLY
DESCRIBED HEREIN FROM GC AND R-lAA (SINGLE FAMILY
RESIDENTIAL) TO POD (PROFESSIONAL OFFICE) DISTRICT;
SAID LAND BEING LOCATED AT THE S.E. CORNER OF S.
FEDERAL HIGHWAY AND S.E. 5TH STREET; 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
September 14, 1993, as being zoned GC (General Commercial) in part and
R-IAA (Single Family Residential) in part; and,
WHEREAS, a review of City records indicates that such zoning
classification was inadvertently applied to said property; and
WHEREAS, at its meeting of October 26, 1993, the City
Commission for the City of Delray Beach initiated a corrective rezoning
of the property from GC (General Commercial) in part and R-IAA (Single
Family Residential) District in part to POD (Professional Office
District) and directed staff to prepare an analysis of the rezoning;
and,
WHEREAS, at its meeting of November 15, 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, I
WHEREAS, it is appropriate that the Zoning District Map of the
City of Delray Beach, Florida, dated September 14, 1993 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 September 14, 1993, be, and the same is hereby,
corrected to reflect a zoning classification of POD (Professional
Office) District for the following described property:
The westerly 303.23' of North 75.0' of Lot 12, Block
1, OSCEOLA PARK, Plat Book 3, Page 2; containing
0.522 acre parcel of land, more or less.
'.
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The subject property is located at the S.E. corner
of S. Federal Highway and S.E. 5th Street (Mayfair
Animal Hospital).
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 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 7th day of Decem~~
/ MAYOR
ATTEST: ~
~.
, . City Clerk
'~ First Reading November 23, 1993
Second Reading December 7, 1993
2 ORD. NO. 79-93
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I IVlrl. II I' r- Delray Dental/Mayfair -
II "'/ (72-93)
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~ T. HARDEN, CITY MANAGER
. W~U~
FROM: D J. CS, DI ECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 7, 1993
ORDINANCE NO. 79-93
REZONING GC TO POD (MAYFAIR ANIMAL HOSPITAL)
.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
not chanqing the zoninq on the specified property.
,.
The property is known as the Mayfair Animal Hospital and is
located on the east side of Northbound Federal Highway near
the Barrton Condominiums.
B A C K G R 0 U N D:
Attached is a letter from Dr. Grubb in which he is seeking
retention of the GC zoning so that he may continue to retail
veterinarian related items to his customers. The proposed
rezoning will not affect this situation as incidental retail
sales is allowed. Please refer to our Department's response
letter (copy attached).
During first reading of this proposed ordinance, Dr. Grubb
inquired about NC zoning in order to accommodate retailing of
specific products from another portion of the building. The
retailing of such a specific use would not be allowed under the
NC zone district (see documentation for Ordinance No. 65-93 for
rationale). In general, NC zoning does not appear appropriate
given the limited frontage and rear parking situation of this
particular site. Also, the transition from NG on the corner, to
POD (this site) to RM (to the south) is appropriate.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not reviewed this item as it
was brought forward subsequent to the P&Z hearing.
: .
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City Commission Documentation
Ordinance No. 79-93
Rezoing GC to POD (Mayfiar Animal Hospital)
Page 2
A L T ERN A T I V E ACT ION S
Since this proposed ordinance is before the Commission at second
reading, the following options are available with reg~rd to
disposition of this request:
A. Take no action on the request and adopted Ordinance No.
79-93 as presented.
B. Accommodate the request by directing the City Attorney to
redraft the proposed ordinance and have a new first reading
on December 14th, with public hearing and second reading in
January.
C. Defer action on the proposed ordinance; refer the special
request to P&Z for comment; and reconsider the matter in
January at which time either action "A" or "B" would be .
pursued.
D. Adopted Ordinance No. 79-93 as presented;, but, ALSO,
provide direction with respect to consideration of a Future
Land Use Map Amendment to change the underlying land use to
General Commercial (thus accommodating GC zoning) or with
respect to consideration of a private petition for NC
zoning.
R E COM MEN D E D ACT ION:
Alternative Action "A" i.e. adoption of Ordinance No. 97-93 as
presented (GC to POD).
Attachment:
* Request letter dated November 18, 1993
DJK/CCGRUBB.DOC . ,;.
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
,
TO: T. HARDEN, CITY MANAGER
\ j\ku
THRU: D :J. KOVACS, DIR~
DEPARTMENT OF PLANNING AND ZONING
FROM: DIANE DOMINGUEZ, PRINCIPAL PLANNER ~~~
SUBJECT: CITY COMMISSION MEETING OF DECEMBER 7, 1993
SUPPLEMENTAL INFORMATION REGARDING ORDINANCE 79-93,
CHANGE OF ZONING FROM GC (GENERAL COMMERCIAL) TO POD
(PROFESSIONAL AND OFFICE DISTRICT) FOR THE MAYFAIR .
ANIMAL HOSPITAL
The information contained in this memorandum is supplemental to
the documentation that was previously provided to the City
Commission on the above referenced item.
One of the corrective land use and rezoning actions that is
being considered for second reading by the City Commission on
December 7th is a rezoning of the Mayfair Animal Hospital on
S.E. 6th Avenue from GC to POD. The rezoning is being processed
to correct an inconsistency between the Transitional land use
classification and the GC zoning. The existing use of the
property is a veterinary clinic, which is allowed in the POD as
a conditional use.
Subsequent to the Planning and Zoning Board consideration of
this item, the Planning and Zoning Department received a letter
from the clinic's veterinarian, Dr. Grubb, regarding the
proposed change (copy attached) . Dr. Grubb noted that his
business has a retail sales component, and questioned if that
component could be continued under the proposed POD zoning.
As indicated in our response to Dr. Grubb, retail sales of pet
products and pet supplies can be permitted as an accessory use
to the veterinary clinic. The change to POD will not make the
retail sales component of the business non-conforming.
I f you would like additional information regarding this item,
please let me know.
o.
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Mayfair Animal Hospital, Inc
525 SE 6th Avenue
Delray Beach, FL
November 19, 1993
Mr. Paul Dorling
Senior Planner
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL
Dear Hr. Dorlinq,
This letter is in response to a proposed zoning change of the
property located at 525 SE 6th Avenue, Delray Beach. Currently,
the property is zoned as GC and you propose to change this to .
POD.
Your proposal is not consistent with current property use. POD
does not allow for retail sales. A significant portion of my
business results from retail sales. I have a retail occupation
license with the City of Delray Beach, and it is my intention
to maintain this license.
r would entertain any discussion with the planning and zoning
department to restrict further land use under GC zoning.
Unfortunately, r could not attend your November 15th meeting.
Thank you.
S inc~.r-ely ,//'
/ c;/~
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James Grubb, DVM
cc: Mayor Thomas Lynch Ti)\ rp. =- ,~
commissioner Jay'Atpertn " . ,J'l w."." _"_.
!- -~!:"i,:' I\~..~ ;}:_ .< \ '. .~. ~- ~
Planning and Zoning Board I. ", ~,J.;;;;;...., t" ". . ,
L~. ~ . ,- - .:, ~<"/.~ :'.~
.......')
.~
NO~ ~,? 1993
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[mfi~~ [ij~ fjJFi~~r;~ ~~~~~~
u,.j ~ Ii ...' t:zl.':'t .a ,~~ .1-, I' ''1J b ~ b
100 N.'IV. 'st ~\'="'~U:: . ;:;=~R,';Y BEACH =c..:,R;QA :;3.l~.l . 407 <:-1:. -':.:>:.
November 23, 1993
James Grubb, DVM
Mayfair Animal Hospital
525 S.E. 6th Avenue
Delray Beach, Florida
Dear Dr. Grubb, .
The Planning Department is in receipt of your letter of November
19, 1993 regarding the proposed change of zoning from GC
(General Commercial) to POD (Professional and Office District)
for your property. This zoning change was initiated by the City
in order to correct an inconsistency between the underlying
Transitional land use and the GC zoning. Per the City's
Comprehensive Plan (adopted in 1989), GC zoning may not be
applied to property having a Transitional land use designation.
After examining the range of zoning districts permitted under
the Transitional land use classification, the POD was selected
as the most appropriate for the existing use of a veterinary
clinic. With regard to the retail sales component, you are
correct in stating that the POD regulations do not include
retail sales as a permi t ted use. However, retail sales of pet
supplies can be considered to be an accessory function to the
primary use of a veterinary clinic. Thus, that aspect of your
business may continue to be conducted under the POD zoning. It
will not be necessary to change or discontinue any part of your
occupational license as a result of the change in zoning.
If you have any questions regarding this explanation, please
don't hesitate to call me at 243-7040.
SincerelY'~
. c \,
~,~ ~J0I,U\W~
Diane Dom nguez, AI P \,
Principal Planner v J
c: David J. Kovacs, Planning Director
Paul Dorling, Project Planner
THE EFFORT A UN')' YS MATTERS
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MEMORANDUM I
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TO: MAYOR AND CITY COMMISSIONERS , r
FROM: CITY MANAGER M
SUBJECT: ~i~~~~N~iE~O~ 7~~ - MEETING OF DECEMBER 7. 1993
I
DATE: December 5, 1993 I
This is the second reading of an ordinance changing the Land Use Plan i
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Designation in the Comprehensive Plan for a parcel of land located on j
the north side of West Atlantic Avenue, in the 4000 Block (Hitching i
Post and Hamlet Shops) from General Commercial to Transitional. I
.
These properties currently have a General Commercial land use I
designation and NC (Neighborhood Commercial) zoning. While these
designations are compatible, the underlying land use would allow a ,
more intense zoning classification, such as GC (General Commercial). ,
As this type of zoning would not be appropriate, the land use change i
I
to Transitional is recommended. This land use plan amendment is
consistent with the criteria for small scale land use plan amendments
and will provide for the most appropriate use of the property.
The Planning and Zoning Board at their November 15th meeting
recommended approval. See backup material attached to Ordinance No.
69-93.
At the November 23rd regular meeting, Ordinance No. 76-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 76-93 on second and final reading, 1
based upon positive findings with respect to LDR Section 3.1.1 (A) .
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ORDINANCE NO. 76-93
AN ORDINANCE OF THE CITY COMMISSION OF THE C~TY OF
DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY
BEACH LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE
PLAN FOR A PARCEL OF LAND AS MORE PART ICt:1LARLY
DESCRIBED HEREIN FROM GENERAL COMMERCIAL TO
TRANSITIONALi SAID LAND IS LOCATED ON THE NORTH SIDE
OF WEST ATLANTIC AVENUE, IN THE 4000 BLOCK;
PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC
PROCESSi PROVIDING A GENERAL REPEALER CLAUSE; A
SAVING CLAUSEi AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
is as follows:
E liS of SE 1/4 of NE 1/4 of SE 1/4 (less SR 806
r/w) lying in Section 13, Township 46 South, Range
42, East, Palm Beach County, Floridai containing .
1.88 acre parcel of land, more or less.
Together with
N 193' of S 200' of westerly 292.51' of easterly
424.51' of SE 1/4 of NE 1/4 of SE 1/4 (less SR 806
r/w) i containing 1. 30 acre parcel of land, more or
less.
I
The subject property is located on the North side of
West Atlantic Avenue, in the 4000 Block (Hitching
Post, Hamlet Shops)
Section 2. That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby changed to Transitional.
Section 3. That the City of Delray Beach elects to make this
small scale amendment exempt from the transmittal-and-ORC process by
having only an adoption hearing, pursuant to Florida Statutes Section
163.3187, as amended by SB 1882 (Committee Substitute) effective April
8, 1992.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective upon
the issuance of a notice of intent to find a plan amendment in
compliance by the Department of Community Affairs.
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
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS /
FROM: CITY MANAGER tft,v]
SUBJECT: AGENDA ITEM i IDB - MEETING OF DECEMBER 7. 1.993
ORDINANCE NO. 77-93
DATE: December 5, 1993
This is the second reading of an ordinance rezoning land located on
the east side of Dixie Highway, approximately 295 feet south of Linton
Boulevard (Delray Lincoln Mercury) f rom PC (Planned Commercial) zone
district to AC (Automotive Commercial) zone district.
.
The subject property is a 1.7 acre parcel of land located north of and
adjacent to the west end of the existing Delray Lincoln Mercury
automobile dealership. The proposal is to change the zoning in order
to expand the automobile use. The expansion area would accommodate a
vehicle repair and body shop facility. If the rezoning is approved, a
site plan submittal will be required.
The Planning and Zoning Board at their November 15th meeting
recommended approval of the rezoning request, subject to conditions.
Those conditions included direction to the Site Plan Review and
Appearance Board tha t if the metal structure cannot be repaired that
it should be removed or relocated to comply with setbacks and that
upon purchase of this property, it be combined with the existing
dealership through a plat or unity of title.
At the November 23rd regular meeting, Ordinance No. 77-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 77-93 on second and final reading,
subject to the conditions as recommended by the Planning and Zoning
Board.
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ORDINANCE NO. 77-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN
THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND
BEING LOCATED ON THE EAST SIDE OF DIXIE HIGHWAY
APPROXIMATELY 295 FEET SOUTH OF LINTON BOULEVARD, AS
THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AND
AMENDING "ZONING DISTRICT MAP, DELRAY BEACH,
FLORIDA, 1993"; PROVIDING A GENERAL REPEALER CLAUSE,
A SAVING CLAUSE, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of De1ray Beach, Florida, is hereby rezoned and placed in the AC
(Automotive Commercial) District, as defined in Chapter Four of the Land
Development Regulations of the City Qf De1ray Beach, Florida, to wit:
That part of Tract No. 3A and Tract No. 4A of
revised plat of portions of Sections 28 and 29,
Township 46 South, Range 43 East, Palm Beach County,
Florida, according to the plat thereof recorded in
Plat Book 18, Page 53, of the Public Records of Palm
Beach County, Florida, described as follows:
Commence at the Northwest corner of said Section 28,
thence S. 2047'25"E along the West line of said
Section 28, 53.06 feet to a line 53.00 feet South of
and parallel with the North line of said Section 28;
thence East, along said parallel line, 96.15 feet;
thence South, 293.16 feet to the North line of said
Tract No. 3A and the point of beginning; thence
continue South, 346.16 feet to the South line of
said Tract No. 4A; thence N. 89059'39"W., along said
South line, 64.99 feet to the said West line of
Section 28 ; thence N. 2047'25"W, along said West
line, 346.56 feet to the North line of said Tract
No. 3A; thence S 89059'50"E, along said North line,
81.86 feet to the said point of beginning. Together
with:
All that part of the South half (S 1/2) of the South
half (S 1/2) of Lot 3 of the subdivision of Section
29, Township 46 South, Range 43 East, Palm Beach
County, Florida, according to the plat of said
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subdivision on file in Plat Book 1, Page 4 of the
Public Records of Palm Beach County, Florida, whiCh
lies East of the right-of-way of the Florida East
Coast Railway Company, less the West 30 feet thereof
for the right-of-way for Old Dixie Highway.
The subject property is located on the East side of
Dixie Highway approximately 295 feet South of Linton
Boulevard.
Section 2. That the Planning Director of said City shall,
upon the effective date of this ordinance, change the Zoning District
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 and final
reading on this the ~ day of
ATTEST: ~
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City Clerk
~First Reading November 23, 1993
Second Reading December 7, 1993
2 ORD. NO. 77-93
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: HARDEN, CITY MANAGER
THRU:
FROM: EY A. COSTELLO
ER
SUBJECT: MEETING OF NOVEMBER 23, 1~93
FIRST READING OF ORDINANCE NO. 77-93 - REZONING
PROPERTY ON THE EAST SIDE OF DIXIE HIGHWAY IMMEDIATELY
NORTH OF DELRAY LINCOLN MERCURY FROM PC (PLANNED
COMMERCIAL) TO AC (AUTOMOTIVE COMMERCIAL).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance rezoning a 1.7
acre parcel of land adjacent to and north of the west end
of the Delray Lincoln Mercury automobile dealership from PC
to AC. The purpose of this rezoning is to accommodate the
expansion of the Delray Lincoln Mercury dealership.
The subject property is located on the east side of Dixie
Highway, approximately 295' south of Linton Boulevard and
immediately north of Delray Lincoln Mercury.
BACKGROUND:
The subject property is a 1.7 acre parcel of land located north
of and adjacent to the west end of the existing Delray Lincoln
Mercury automobile dealership. The property was annexed into
the City in 1979, at which time it was being utilized as a
vehicle repair facility. In 1988, the repair facility was
vacated and the property has not been occupied since.
The development proposal is to change the zoning in order to
expand the existing Delray Lincoln Mercury auto dealership onto
the 1.7 acre parcel. The expansion area would accommodate a
vehicle repair and body shop facility, which is allowed as an
accessory use to the full service automobile dealership. If the
rezoning is approved, a site plan submittal complying with the
Land Development Regulations will be required. An analysis of
the request i's found in the attached Planning and Zoning Board
Staff Report.
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City Commission Documentation
Meeting of November 23, 1993
First Reading of Ordinance No. 77-93 - Rezoning Property from PC
to AC (Delray Lincoln Mercury Automobile Dealership Expansion)
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of November 15, 1993, the Planning and Zoning
Board held a public hearing in conjunction with review of the
request. There was no public testimony regarding the proposed
rezoning.
However, the Board expressed concerns that the property be
developed in the manner presented, that is, as an extension of
the existing dealership and not as a separately operated
automobile repair facility. Deborah Turner, the agent for the
applicant, assured the Board of her clients intention to
purchase the property and combine it with the dealership.
The Board voted 6-0 (Fulton absent) to recommend approval of the
rezoning request, and provided direction to the Site Plan Review
and Appearance Board on two (2) items as follows:
A. That if the metal structure cannot be repaired as
permitted by LDR Section 1.3.6 (Repairs and
Maintenance of Nonconforming Structures) it should be
removed or relocated to comply with setbacks, and
B. That a condition of site plan approval be that upon
Delray Lincoln Mercury's purchase of the property, it
be combined with the existing dealership through a
plat or Unity of Title.
RECOMMENDED ACTION:
By motion, approval of Ordinance No. 77-93 on First Reading and
setting a public hearing date of December 7th.
Attachment:
* P & Z Staff Report and Documentation of November 15, 1993
* Copy of Ordinance No. 77-93
YsCCREMERC.DOC
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PLANNING ANl., ZONING BOARD
CITY OF DELRAY BEACH --- STAFF REPORT ---
MEETING DATE: November 15, 1993
AGENDA ITEM: IV.C.
ITEM: Rezoning from PC (Planned Commerc' 1) to AC (Automotive Commercial).
LINTON
COSlCO
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GENERAL DATA:
Owner....................Jack Diamond, President
Diamond' Associates, Inc.
Lessee...................Delray Lincoln Mercury, Inc.
Aqent....................Debora Turner Oster
Jerry Turner' Associates, Inc.
Location.................East side of Dixie Highway, approximately
295 feet south of Linton Boulevard.
Property Size............1.7 Acres
City Land Use Plan.......General Commercial
City Zoning..............PC (Planned Commercial)
Proposed Zoning..........AC (Automotive Commercial)
Adjacent Zoning...North: PC
Ea.t: PC
South: AC
West: I (Industrial) and CF (Community
Facilities)
Existing Land U..........An existing metal frame building and vacant
land.
Proposed Land U..........Expan.ion of an existing, adjacent
. automobile dealership (Delray Lincoln
Mercury), to accommodate a vehlcle repair
facility, offices, and v.hicle storage.
Water S.rvice............Exi.tlng 6" water ..in along the north
property 11ne of the .xi.ting Delray
Lincoln M.rcury.
S.wer Service............Exi.ting 24" .anitary .ewer maln along the IV.C.
west side of Federal Highway.
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I T E M B E FOR E THE BOA R D I
The action before tht:: Board is that of making a
recommendation on a r2~oning request from PC (Planned
Commercial) to AC (Aut)motive Commercial), pursuant to
Section 2.4.5(D) . TL..s rezoning is being sought in
order to allow for :.he expansion of Delray Lincoln
Mercury automobile d~~lership.
The subject property is located on the east side of
Dixie Highway, apr:-oximately 295' south of Linton
Boulevard and imrn diately north of Delray Lincoln
Mercury.
~ A C K G R 0 U N D :
The subject property :3 a 1.7 acre parcel of land located north
of and adjacent to t~'e west end of the existing Delray Lincoln
Mercury automobile de~lership.
Subject Property:
In 1979, the subject property was annexed into the City with a
zoning designation of SC (Specialized Commercial). The property
was part of a larger parcel of land which contained
approximately 5 acres. Portions of the overall 5 acre parcel
were developed as Burger King and Sizzler restaurants. At the
time of annexation, the subject property was being utilized as a
vehicle repair facility. In 1988, the repair facility was
vacated and the property has not been occupied since. With the
Citywide rezoning of 1990, the property was rezoned to PC
(Planned Commercial).
Delray Lincoln Mercury:
Delray Lincoln Mercury has an extens i ve land use history which
dates back to 1960, when the dealership was established. The
most recent land use actions to occur with respect to the
dealership are as follows:
On July 31, 1991, the Site Plan Review and Appearance Board
approved a Major Site Plan Modification to allow the expansion
of the dealership to incorporate additional land which included
the vehicle repair facility immediately to the south of the
subject property, the Revolution Bar (along Federal Highway) and
a vacant parcel. That development proposal also included
construction of a two story service building, one story showroom
addition and an extension of the customer service write-up
canopy. As the expansion area represented more than 30\ of the
site, upgrading of the entire dealership was required. The
improvements described above have been installed.
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P&Z staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 2
On September 30, 1992, a non 'impacting site plan modification to
install bullpen parking on the northern portion of the current
dealership site was approv.;!d by the Director of Planning and
Zoning. At its meeting of January 13, 1993, SPRAB approved a
minor site plan modificati~n to allow the addition of a second
floor to the existing show=oom.
On September 30, 1993, a rezoning request from PC (Planned
Commercial) to AC (A~tomotive Commercial) to accommodate
expansion of the dealership onto a 1.7 acre parcel was submitted
and is now before the Beard for action.
PRO J E C T DES C RIP T ION :
The development propo al is to change the zoning in order to
expand the existing D01ray Lincoln- Mercury auto dealership onto
a 1.7 acre parcel of land along Dixie Highway immediately north
of the existing dealership. If the rezoning is approved, a site
plan submittal complying with the Land Development Regulations
will be required. Along with the rezoning request, a sketch
plan was submitted and reviewed by staff. The proposed
improvements include the following:
* Construction of a 36 bay vehicle repair facility (12,750
sq. ft. ) ;
* Interior and exterior improvements to the existing 2,400
sq. ft. metal building to accommodate the storage of parts
and supplies;
* Installation of a parking area to accommodate 48
employee/customer parking and 48 space bullpen parking
area, along with the installation of landscaping.
Based upon staff's review of the sketch plan, items of concern
were identified, and are addressed in an attachment to this
staff report. The remainder of this report will deal with the
rezoning request.
Z 0 N I N G A N A L Y S IS:
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the
application, the staff report, or minutes. Findings shall
be made by the body which has the authority to approve or
deny the development application. These findings relate to
the following four areas.
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P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 3
/Future Land Use Map: I The use or structures must be allowed in
the zoning district and the zoning
district must be consistent with the land use designation.
The subject property has a General Commercial Land Use Plan
designation and is currently zoned PC (Planned Commercial). The
proposed zoning of AC (Automotive Commercial) is consistent with
the General Commercial land use plan designation. Based upon
the above, it is appropriate to make a positive finding with
respect to consistency with the land use plan designation.
The proposed rezoning is to accommodate a vehicle repair
facility and administrative offices for the existing Delray
Lincoln Mercury auto dealership. Pursuant to Section
4.4.10(C)(1) (Accessory Uses and Structures Permi t ted) , within
the AC zone district, (a) paint and body shops, and (b) repair
shops and garages, are allowed as an accessory use to a full
service automobile dealership.
It is noted that within the AC zone district, the sale, ,lease or
rental of vehicles may be conducted on a lot with a minimum area
of 1.5 acres. As the property contains 1.7 acres, a full
service automobile dealership, a used car lot or a car leasing
agency may be established on the property [ref. Section
4.4.10(F)(2)]. Further, as a Conditional Use, specialty service
shops e.g. muffler shops, tire shops, etc. and stand-alone
vehicle repair facilities are allowed [ref. Section 4.4.10(D)(6)
& (7)].
I Concurrency: I Facilities which are provided by, or through,
the City shall be pro v ided to new development
concurrent with issuance of a Certificate of Occupancy. These
facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
As the rezoning request is a change from existing commercial
(PC) to a commercial zoning of similar intensity (AC), the level
of service standards as they relate to Concurrency should not be
significantly affected. However, the following information is
provided as it relates to Water and Sewer service, and Streets
and Traffic.
Water and Sewer:
Water and sewer plans are not required for a rezoning request,
however the following is known:
* .A 6" water main exists along the north property line of the
abutting Lincoln Mercury dealership.
* Additional fire hydrant locations may be required.
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P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 4
* Presently, the existing structure is not serviced by the
City's sanitary sewer system. Future development will need
to connect to the sewer system. The nearest available
connections are to the service laterals within the existing
Lincoln Mercury Dealership or the existing 24" sewer main
located along the west side of Federal Highway,
approximately 250' east of the property.
streets and Traffic:
The intensity of uses allowed within the PC and AC zoning
districts are similar, and would be expected to generate
comparable traffic volumes. Therefore, a traffic impact study
was not required with this rezoning request. However, with a
full site plan submittal traffic information must be provided,
and both compliance with the Palm Beach County Traffic
Performance Standards Ordinance and a positive finding of
concurrency (with respect to traffic) must be made.
I Consistency: I Compliance with the performance standards set
forth in Section 3.3.2 (Standards for Rezoning
Actions) along with required findings in Section 2.4.5(0)(5)
(Rezoning Findings) shall be the basis upon which a finding of
overall consistency is to be made. Other objectives and
pOlicies found in the adopted Comprehensive Plan may be used in
the making of a finding of overall consistency.
Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
(A) That a rezoning to other than CF within stable residential
areas shall be denied. (Housing Element A-2.4)
This standard is not applicable.
(8) Affordable housing for moderate and middle income families,
particularly first time home buyers, may be achieved
through increases in density when it can be demonstrated
that the increase will result in a more affordable product
provided that other policies of the Housing Element are
maintained. (Housing Element C-3.1)
This standard is not applicable.
(C) Additional strip commercial zoning on vacant properties
shall be avoided. This policy shall not preclude rezonings
on land that at the time of rezoning has improvements on
it. Where existing strip commercial areas or zoning exist.
along an arterial street, consideration should be given to
increasing the depth of the commercial zoning in order to
provide for better project design. (Land Use Element A-l.3)
This standard is not applicable, since the zoning is from
one category of commercial to another.
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P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 5
D) That the rezoning shall result in allowing land use. which
are deemed compatible with adj acent 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.
Property north and east of the site is zoned PC (Royal Palm
Mortgage Office Building and parking lot, Burger King,
Sizzler, and Veterinary Hospital); south is zoned AC
(Delray Lincoln Mercury) and west is zoned I (Industrial)
(Delray Industrial Park) and CF (Community Facilities)
(Solid Waste Authority transfer station). The proposed
resulting land use, an extension of the dealership, is
compatible with these adjacent land uses.
Section 2.4.5(D)(5) (Rezoninq Findinqs):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to
provisions of Section 3.1.1, the City Commission must make a
finding that the rezoning fulfills one of the reasons for which
the rezoning change is being sought. These reasons include the
following:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate;
c. That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
The applicant has submitted a justification statement which
states the following:
"We are requesting the rezoning of the subject property
from PC (Planned Commercial) to AC Automotive Commercial)
to facilitate the expansion of the existing Delray Mercury
Dealership to accommodate additional office space, storage
facilities, service bays, automobile storage, and employee
parking.
The proposed rezoning is consistent with the Comprehensive
e land use) Plan in that the area is designated general
commercial, the designation of all existing automobile
dealerships. The adjacent land uses are such that there
will, be no negative impact to existing development. The
property is directly adjacent to the existing Oelray
Lincoln Mercury site on the south, an existing parking lot
to the north, Dixie Highway, the FEe Railroad and the
Oelray Industrial Park to the west and accessory parking
for the Sizzler Restaurant to the east. (See attached
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P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln 'Mercury Expansion
Page 6
Existing Use Map) The proposed site plan is consistent
with the policies of the Land Development Regulations in
that the proposed building is oriented with no bay doors
facing the right-of-way, all setback requirements and
landscape buffer requirements have been met or exceeded.
The dedication of 50' of right-of-way from Dixie Highway
has also been addressed. (See attached Site Plan)
We are requesting that the existing metal building be
allowed to remain without the required 15' setback, until
such time as Dixie Highway has been widened. Prior to the
expansion of Dixie Highway, there will be an apparent 50'
setback. We will be addressing the outward appearance of
the building for a more aesthetically pleasing solution
than the existing rusted metal exterior. "
Comment: The justification statement addresses Item C as the
basis for which the rezoning should be granted. The automobile
dealership, offices and vehicle repair facility are of similar
intensity as uses allowed under the General Commercial land use
plan designation. It can be determined that the proposed
rezoning is appropriate for the property based upon the proposed
use.
COMPREHENSIVE PLAN POLICIES
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objectives are noted.
Land U8e Element Policy A-2.4 - Automobile U8e8 are a
8ignificant land U8e within the City and a8 8uch they have
pre8ented unique concerns. In order to properly control these
use8 and guide them to locations which be8t suits the
communitY'8 future development, the following 8hall be adhered
to:
. Auto related uses 8hall not be permitted in the CBD
Zone Di8trict or within the geographic area along
Federal Highway which extends four blocks north and
three block8 80uth of Atlantic Avenue.
. Automobile dealer8hips may locate and/or expand we8t
of Federal Highway, or between the one-way pair 8Y8tem
(except as re8tricted above). Automobile dealer8hip8
may locate and/or expand east of Federal Highway only
north of N.E. 6th Street, except within the area lying
east of Federal Highway north of N.E. 8th Street, or
parcels fronting on N.E. 8th Street, and 80uth of the
north border of the Flea Market property, within which
such excluded area, automobile dealer8hips may not
locate or expand. New dealerships shall not locate
nor shall existing dealerships expand 80uth of N.E.
6th Street provided however, that automobile
dealership8 80uth of N.E. 6th Street may expand onto
adjacent property which is, currently in an auto
related U8e and which is zoned to allow 8uch U8e.
"
P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 7
* 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.
The development proposal is consistent with this Policy, as the
subject property is located west of Federal Highway and is not
within a restrictive geographical area identified above.
Further, the proposed vehicle repair facility is to operate as
an accessory use to the full service automobile dealership.
Land Use Element Objective A-l - Vacant property shall be
developed in a manner so that the future use and intensity is
appropriate and complies in terms of soil, topographic, and
other applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land us. needs.
A. Physical Considerations - There are no special
physical or environmental characteristics of the land
that would be negatively impacted by the proposed use.
B. Complimentary with Adjacent Land Uses - The proposal
will be complimentary with the adjacent auto
dealership to the south and the industrial uses to the
west. The proposed use should not adversely impact
the commercial properties to the north and east.
C. Fulfills Remaining Land Use Needs - The proposal will
allow the expansion of an existing dealership onto a
property that was previously a vehicle repair facility
and has remained vacant and neglected for quite some
time. The need being met is that of expansion of the
dealership, whereas accommodating a free-standing auto
use is not desired. Pursuant to Land Use Element
Policy A-2. 4, auto repair uses other than those that
are accessory to a full service automobile dealership
should be directed to industrial/commerce areas.
REVIEW B Y OTHERS:
The rezoning is not in a geographic area requiring review by the
CRA (Community Redevelopment Agency) or the DDA (Downtown
Development Authority).
If the rezoning is approved, a site plan application for the
proposed development will be submitted for review by the Site
Plan Review and Appearance Soard.
Special Courtesy Notice:
Special notices were provided to the following homeowner's
associations:
* ,Town and Country Condominium Association
* Tropic Say Condominium Association
* Tropic Isles Homeowner's Association
* Tropic Palms Homeowner's Association
..
P&Z staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 8
Public Notice:
Formal public notice has been provided to property owners within
a 500' radius of the subject property. Letters of objection, if
any, will be presented at the Planning and Zoning Board meeting.
ASS E SSM E N T AND CON C L U S ION :
The rezoning request from PC to AC for this property is
consistent with the policies of the Comprehensive Plan and
Chapter 3 of the Land Development Regulations. It is
anticipated that there will be no negative impacts on the
surrounding properties. The property contains a vacant metal
building which was formerly a vehicle repair facility and has
been abandoned for some time. The rezoning will allow the
expansion of the existing Delray Lincoln Mercury dealership to
accommodate an accessory vehicle repair facility, offices and
vehicle storage. Since the basis for the rezoning is that of
expansion of the dealership, the property should be combined
with the Lincoln Mercury Dealership. This could be accommodated
by plat or Unity of Title. However, it is noted that the
properties currently are under separate ownership. If the Board
feels strongly regarding this issue, a statement should be made
to the effect that the rezoning is to accommodate expansion of
the dealership, and not a separate auto related use.
If the rezoning is approved, a site plan application along with
a traffic impact study must be submitted. Positive findings
wi th respect to other level of service standards and the Land
Development Regulations are anticipated with the full site plan
submittal. In the rezoning application, mention is made of
retaining the metal structure. The attached memo explains the
nonconformity that will result if the structure remains in its
current location. Thus, the Board may want to provide a
recommendation to SPRAB regarding the disposition of this
matter.
A L T ERN A T I V E ACT ION S :
A. Continue with direction.
B. Recommend approval of the rezoning request based upon
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and Section 2.4.5(D)(S).
C. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Chapter
3.3.2(D) (Compatibility) , and that pursuant to Section
2.4.5(D)(5) the rezoning fails to fulfill at least one of
the reasons listed.
'.
P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 9
S T A F F R E COM MEN D A T ION :
A. Recommend approval of the rezoning request from PC to AC
for Delray Lincoln Mercury in order to accommodate
expansion of the existing dealership, 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).
B. Provide direction to SPRAB with respect to the Board's
disposition of the existing metal frame building.
Staff Report prepared by: Jeff Costello, Planner
Report reviewed by Diane Dominguez on: 11/9/93
Attachments:
* Zoning Map
* Sketch Plan
YID:I:AMOND.DOC
"
P&Z staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 10
MEMORANDUM
TO: PLANNING AND ZONING BOARD MEMBERS
FROM: JEFFREY A. COSTELLO
PLANNER
RE: SKETCH PLAN FOR DELRAY LINCOLN MERCURY EXPANSION -
ITEMS OF CONCERN (TECHNICAL ITEMS)
DATE: NOVEMBER 8, 1993
With the Rezoning request from PC to AC to accommodate expansion
of the Delray Lincoln Mercury dealership, a sketch plan was
submitted and reviewed by staff. Based upon staff's review of
the sketch plan the following "Items of Concern" were
identified.
I T EMS o F CON C ERN :
1- Dixie Hiqhway
Pursuant to the Traffic Element Table T-4 of the
Comprehensive Plan, the ultimate right-of-way width for
this section of Dixie Highway (between Linton Boulevard to
South City Limits) is 80'. Presently, there exists 30' of
right-Of-way, therefore a 50' right-Of-way dedication is
required along Dixie Highway.
2. Metal Frame Structure
Pursuant to Section 4.3.4(K), within the AC zone district,
a IS' front building setback is required. On the west side
of the subject property, there is an existing frame
structure that is presently set back 50' from the west
property line. As previously noted, the site plan must
accommodate a 50' right-Of-way dedication for Dixie
Highway. After the right-Of-way dedication, the structure
will be located along the front property line ( 0 ' front
setback). Thus, the structure will be nonconforming.
Pursuant to Section 1.3.6(A) (Repairs and Maintenance), on
any nonconforming structure or on a structure containing a
nonconforming use, work may be done on ordinary repairs, or
on repair or replacement of fixtures, nonbearing walls,
plumbing, or wiring, provided the repair work does not
exceed 10% of the current replacement cost of the
structure. The reuse of the building may involve repairs
that exceed 10% of the structure's value. Thus, it will be
necessary to remove the building or relocate it on the site
to conform to setback requirements.
..
P&Z Staff Report
Rezoning from PC to AC for Delray Lincoln Mercury Expansion
Page 11
3. Plattinq
The subject property is unplatted and its legal description
is one of metes and bounds. As part of the development
proposal, right-of-way dedication (Dixie Highway) , along
with utility easements as deemed necessary, will be
required. Therefore, the property must be platted and a
minor/boundary subdivision plat must be processed pursuant
to Section 5.1.l. In order to ensure that the use is
maintained as part of the Lincoln Mercury Dealership, the
properties should be combined through a Unity of Title.
With respect to the Dixie Highway dedication, a Palm Beach
County right-of-way deed must also be processed and
recorded, with the O.R. Book and Page referenced on the
plat.
4. Parkinq Requirements
As this proposal is an expansion of an full service
dealership, parking requirements are calculated utilizing
Section 4.6.9(C)(3)(f) (Vehicle Sales and Rental), which
states that required parking spaces shall be designated for
employee, customer, and/or service use at the standard of,
at least, 1.5 spaces per service bay and 2 spaces per 1,000
sq.ft. of floor area (less indoor display area).
With the full site plan submittal, parking information must
be provided which indicates the number of customer and
employee spaces as well as the vehicle storage areas. The
parking calculations should take into accoun~ the existing
spaces immediately south of the proposed service bays.
Therefore, at this time a determination has not been made
as to whether the parking requirements are met.
5. Perimeter Landscapinq
Pursuant to Section 4.6.l6(H)(3)(d), between vehicular use
areas and abutting properties, a 51 landscape strip is
required. Along the south property line, a landscape strip
has not been provided. Unless combination of lots/parcels
of the dealership is achieved, the landscape strip is to be
provided.
6. Driveway Aisle Width
Pursuant to Section 4.6.9(D)(4)(d) (Standard Aisle Width),
the standard aisle width is 241 for normal traffic flow
with perpendicular parking. The aisle width on the south
side of the proposed service bays is 201.
..
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[IT' DF DElAA' BEA[H
CITY ATTORNEY'S OFFICE 2()(J NW ISI AVENl'E . DELRAY BEApl. Y-flRIDA 334t4
Wr~t_r _ r_o~ ~n_
F;\('S]\!ll.L ~()7:2'8--::::,_'
(407) 243-7090
MEMORANDUM
Date: November 30, 1993
To: City Commission
Assistant City Attorne~
From: David N. Tolces,
Subject: Transfer of Property to Habitat for Humanity
222 N.W. 5th Avenue, Delray Beach
The City Commission is being asked to approve the transfer of
the above property to Habitat for Humanity. Pursuant to
Section 36.35 of the City's Code of Ordinances, a public
hearing is required to be held prior to the Commission acting
on this item. This lot is the final lot which the City agreed
to donate to Habitat for Humanity.
Please call if you have any questions.
------
DNT:sh
cc: David Harden, City Manager
Lula Butler, Director of Community Improvement
Cheryl Leverett, Executive Assistant
Dorothy Ellington, C.D. Program Coordinator
~ lOF
5-0
".
.
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # /0 (; - MEETING OF DECEMBER 7, 1993
ORDINANCE NO, 78-93
DATE: December 5, 1993
This is the second reading of an ordinance amending the Code of
Ordinances with respect to the General Employees Pension Plan.
A detailed summary of the proposed amendment has been prepared by the
City Attorney's office and is attached as backup material for this
item. Most of the changes are technical in nature or necessary to
clarify existing language.
On first reading I recommended that Paragraph (b) 1, "Death Benefit -
nonservice connected death" be changed to eliminate the $2,500 death
benefit for employees with less than one year service.
The General Employees Retirement Committee unanimously recommended
approval of the amendment.
At first reading on November 23rd, Ordinance No. 78-93 passed with a 5
to 0 vote.
Recommend continuation of Ordinance No. 78-93 until December 14th in
order to allow more time to review the change with the IBF&O.
~
..
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1./ ·
IITY DF DElHAY BEA[H
CITY ATTORNEY'S OFFICE 2lhJ ~\\' ~S[ :\\.L~l'L . U~-:!.f..:.:\~' !:iL.",C~i ~! .. " ,
..
F.,\CSI~ilI.E ~'17 :-'-~7':'
Wr~t_r._ D~r_ct L~n_
(407) :Z43-70Sll.
MEMORANDUM
Date: November 2, 1993
To: City Commission
David Harden, City Manager
From: Susan A. Ruby, City Attorney
Subject: General Employees Retirement Plan
Ordinance Amendment
The General Employees Retirement Plan Ordinance Amendment is
attached for your consideration. Also enclosed is a summary of
the changes, most of which are technical in nature or necessary
to clarify language in the existing ordinance.
The most significant changes are highlighted in the summary to
facilitate your review.
---
By copy of this memorandum, Ordinance No. 78-93 and the
summary of the ordinance to David Harden, City Manager, our
office requests that this ordinance be placed on the City
Commission Agenda for consideration.
Sincerely,
OFFICE OF THE CITY ATTORNEY
CI OF DELRAY BE FLORIDA
BY:
SAR:ds
cc: Joe'Safford, Finance Director
.,
-
ORDINANCE NO. 78-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE
POLICIES AND BENEFITS", "RETIREMENT PLAN", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING AND RESTATING SECTIONS 35.085 THROUGH 35.109
AS SPECIFICALLY SET FORTH IN THE "AMENDMENT TO CITY OF
DELRAY BEACH GENERAL EMPLOYEES' RETIREMENT PLAN"
ATTACHED HERETO AND INCORPORATED HEREIN; AMENDING
SECTION 35.085 TO CHANGE THE TITLE OF THE PLAN TO:
"CITY OF DELRAY BEACH GENERAL EMPLOYEES' RETIREMENT
PLAN"; REPEALING SECTION 35.086 "AUTHORIZATION";
AMENDING SECTION 35.087 "PURPOSE"; AMENDING AND MERGING
SECTION 35.088, "EFFECTIVE DATE; APPLICABILITY OF
FORMER PLAN" , AND SECTION 35.089, "INTRODUCTION";
CREATING A NEW SECTION 35.089, "DEFINITIONS"; AMENDING
AND RETITLING SECTION 35.090, "PARTICIPATION"; AMENDING
AND RETITLING SECTION 3 5 . 091, "VESTING", AND REPEALING
FORMER SECTION 35.091, "SERVICE"; REPEALING SECTION
35.092, "LEAVE OF ABSENCE"; AMENDING SECTION 35.093,
"CREDITED SERVICE FOR FORMER EMPLOYEES AND EMPLOYEES
WHO WERE EXCLUDED FROM PARTICIPATION IN THE PLAN" ;
REPEALING SECTION 35.094, "ACTUARIAL EQUIVALENCE";
AMENDING SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT
AND CITY": AMENDING SECTION 35.097, "RETIREMENT INCOME;
BASIS, AMOUNT, AND PAYMENT": AMENDING SECTION 35.098,
"SUPPLEMENTAL RETIREMENT INCOME AND MINIMUM BENEFITS";
AMENDING SECTION 35.099, "PARTICIPANT TO FURNISH
REQUiRED INFORMATION": AMENDING SECTION 35.100,
"BENEFICIARIES: CONTINGENCIES"; AMENDING SECTION
35.101, "BENEFITS NONASSIGNABLE": AMENDING SECTION
35.102, "BENEFITS PAYABLE TO MINORS AND INCOMPETENTS":
AMENDING SECTION 35.103: "ABANDONMENT OF BENEFITS":
AMENDING SECTION 35.105: "ADMINISTRATION BY RETIREMENT
COMMITTEE": CREATING A NEW SECTION 35.1051, "CLAIMS
PROCEDURE" : AMENDING SECTION 35.106, "TRUST FUND AND
TRUSTEE": AMENDING SECTION 35.108, "AMENDMENT OF PLAN";
AMENDING SECTION 35.109, "TERMINATION OF PLAN":
PROVIDING A SAVINGS CLAUSE: PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the city of Delray Beach created a Retirement Plan
for its general employees on January 1, 1965, and said Retirement
Plan has been subsequently amended and restated on numerous
occasions; and
.
.
WHEREAS, the General Employees Retirement Committee has
requested certain amendments to the Retirement Plan; and
WHEREAS, the city Commission deems it to be in the best
interests of the City and participants of the Retirement Plan to
generally revise, update and restate the provisions of the
Retirement Plan in a comprehensive manner;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
section 1. That Section 35.085, "Title", through
section 35.109, "Termination of Plan", inclusive, of the Code of
Ordinances of the city of Delray Beach, Florida, are hereby
amended and restated as set forth in the attached "Amendment to
City of Delray Beach General Employees' Retirement Plan",
consisting of 54 pages, and that said "Amendment to city of
Delray Beach General Employees' Retirement Plan" is incorporated
in this OrdTnanCe as if fully set forth herein.
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 part thereof other than the part
declared to be invalid.
Section 3. That this ordinance shall take effect as
to all eligible employees who are not included in any certified
bargaining unit, and beneficiaries of such employees, upon
adoption. This ordinance shall take effect as to all eligible
2
.,
employees who are included in any certified bargaining unit, and
beneficiaries of such employees, upon approval by the certified
bargaining agent for such employees.
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:
--- --
2I271/hhp
3
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SUMMARY OF PROPOSED AMENDMENT TO
CITY OF DELRAY BEACH GENERAL EMPLOYEES' RETIREMENT PLAN
(10/18/93 Draft)
section 35.085 (Title) -- Changes title to: "City of Delray
Beach General Employees' Retirement Plan," to more specifically
identify the employees covered by the plan (current title is:
"Retirement Plan for Employees of the City").
section 35.086 (Authorization) -- This section is eliminated; the
language is outdated and no longer necessary.
section 35.087 (Purpose) -- Technical changes only; no change in
substance or intent.
section 35.088 (Effective Date; APpli'cabilitv of Former Plan) --
This section is merged with provisions of current Section 35.089
(Introduction) . New Division (A) contains technical changes
only, with no change in substance or intent. The current section
heading of section 35.089, and current Divisions (A) and ( B)
under that heading are eliminated. The language in division (A)
is duplicative of other provisions in the plan regarding the
Retirement Committee (pension board) and the Retirement Trust
Fund. Division (B) , which incorporates by reference the plan
trust agreement and states that the trust agreement shall form
part of t~ plan, is eliminated. It is not legally necessary or
appropriate-for the trust agreement to be incorporated into the
pension ordinance. All other divisions of this section are
relettered and transferred to Section 35.088. There are several
technical, non-substantive changes in division (E) , including a
clarification at the end of the last sentence concerning
supplemental retirement income and minimum benefits. The
clarification reflects the City's practice of extending
retirement cost of living increases and the $400 minimum monthly
benefit to all City retirees, including those who retired under
prior City pension plans.
-- Several key words and phrases
that were prevl. in different sections of the plan
have been reorganized in a single definitions section. The
substance and intent of the definitions are the same as in the
current plan, except as follows:
,~ 'J'''Ii{~:',':'
1. The definition of ~.~,,'t_ "~...p.t (C) is revised to
include continuous'le~"'~loyment' Trom most recent date of
hire, with a maximum of 30 years. All paid leave, and
unpaid leave up to 30 days per year, is included in the
revised definition of credited service. provisions of the
current plan concerning leaves of absence are confusing and
"
. .
sometimes contradictory (see sections 35.091, 35.092 and
35.093(D) of the current plan).
2. The definition of "employee" is revised to clarify the
exclusion of the City Manager and Assistant City Managers
from the plan, and to reflect that a participant who
retires, begins receiving retirement benefits, and is
subsequently re-employed by the city, will not be considered
an "employeell for pension purposes if he elects to continue
receiving retirement income during the period of subsequent
employment. The City Attorney (and assistants), and
department heads who elect not to participate in the plan
continue to be excluded from the revised definition of
lIemployee.1I
section 35.090 CParticiDatio,) -- The title of this section has
been revised to reflect the transfer of eligibility provisions,
including the definition of lIemployee,lI to other sections of the
plan. A number of non-substantive, technical changes have been
made in this section. Additionally, the following substanf~e
changes have been made:
1. A new division (B) is added, providing that an employee who
retires and begins to receive early or normal retirement
benefits, and who is subsequently re-employed by the City,
must elect one of the following options:
(a) The employee may elect to continue receiving retirement
income but not contribute to or accrue additional
--- . under the plan during the period of
b"'eneflts re-
employment; or
(b) The employee may elect to have retirement income
payments suspended during the period of re-employment,
rejoin the plan as a contributing participant, and earn
additional benefits under the plan. Under this option,
the participant I s retirement benefits would be adjusted
to reflect the additional period of employment after
the employment is terminated.
8 This section replaces the current
sectforf' "service" (the definition of "credited
service" has been transferred to section 35.089).
The new section
reco~~.,
ourrefti" '
participant is fuily"'Yl"OO'r ve's'~ed' "after ten years of service.
Under the new vesting schedule, a participant who completes five
years of credited service will have a 50% vested percentage in
2
'.
.
normal retirement benefits under the plan. With each complete
year of credited service thereafter, the participant will earn
an additional 10% vested percentage until 100% vesting is
attained after ten years of credited service.
Under the new graduated vesting schedule, a participant who
reaches age 60 with five years of credited service may retire
with 50% of the normal retirement income that would be payabl~
after ten years of service. Although the graduated vesting
schedule will allow participants to retire earlier and receive
a reduced retirement income, the definition of "normal retirement
date" (age 60 with ten years of credited service) remains
unchanged. Requirements for early retirement (age 55 with l'
years of service, or 20 years of service regardless of age) and
disability retirement are also unchanged.
section 35.092 (Leave of Absence) -- This section is eliminated;
relevant provisions have been transferred to the definition of
"credited service" in section 35.089.
section 35.093 (Credited Service for Former Emplovees and
Emplovees Who Were Excluded From Participation in the Plan --
Divisions (A) , (B) and (D) of this section concerning credited
service are eliminated; relevant provisions have been transferred
to the definition of "credited service" in section 35.089. The
remaining portions of this section concerning re-employed
participants and employees who were excluded from participation
in the p~n due to being over the then-existing maximum age
provisions,-are carried forward with technical changes only.
section 35.094 (Actuarial Eauivalence) -- This section is
eliminated; pertinent language has been transferred to the
definition of "actuarial equivalence" in Section 35.089.
section 35.....,fti.."''''~.i>IIIIi,'',...,'.a.1.1l. of .~~';:rand city) -- No
change in the substance or intent of this section as previously
interpreted and ap lied by the City ,except tha t ,..pa~ticipant
contribue: when the partic1paDt atta~ 30 years
of cr.I"
section 35.096 (Expenses of Administration) -- No change.
t
M*baste e6mpsnsat dh and monthly
been transferred to section 35.089 and are
t...1i;.,....!.M4lr"&f ' ";~~' , 35.097 I contains
..,' , . , " " , ~ " ' . " ,
3
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technical changes only, with no changes 1n substance or intent,
except as fO~lOWs:
1. At Division (A) (1) (amount of normal retirement income), a
provision has been added concerning participants who have
attained the age of 60 and retire with five or more years
of credited service. This provision is intended to mesh
with the new vesting schedule in Section 35.091.
2. Also at Division (A) (1), the current provision limiting
credited service to a maximum of 30 years is retained.
However, member contributions will cease when a participant
attains 30 years of credited service (see Section 35.095).
New language is added to implement the graduated vesting
schedule.
3. At Division (C) (3) (disqualifying causes of disability)
current language concerning a participant's "excessive and
habitual use of drugs, intoxicants, or narcotics" is changed
to: "excessive or habitual use..."
4. At Division (C) (5) (a) (monthly disability income payable
prior to normal retirement date), a revised formula for
offsetting workers' compensation wage-loss benefits from
disability retirement income is provided at subparagraph 4.
The new offset formula will bring the plan into compliance
with the Florida Supreme Court's decision in Barraqan v.
city of Miami, 545 So.2d 252 (Fla. 1989). In Barraqan, the
Supreme Court held that a city cannot reduce or offset an
emplqyee's disability pension benefits by the amount of
worken;--' compensation wage-lOSS benefits received by the
employee, except to the extent that the two benefits
together exceed 100% of the employee's average monthly wage
prior to the injury. The revised workers' compensation
offset formula is identical to the formula in the
pOlice/firefighter pension plan.
5. At Division (C) (7) (recovery from disability), a new
sentence is added to the end of this paragraph providing
that any partieipant who recovers from disability but is not
re-employed by the City, and who had at least 5 years of
credited service at the time City employment was terminated
due to the disability, shall be entitled to vested deferred
retirement income calculated in the same manner as a
participant whose city employment is terminated after 5
years of service.
6. At Division (D) (benefits other than on retirement),
paragraph (1) (a) is revised to provide a deferred retirement
benefit for participants whose City employment is terminated
after 5 years of service. Under the current plan, a
participant must have at least 10 years of service to be
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eligible for a deferred benefit. The revised provision is
intended to mesh with the graduated vesting schedule in
section 35.091.
7. Also at Division (D) (1) (a), a provision is added giving
participants who terminate City employment with more than
5 years of service to withdraw their participant
contributions without interest, in lieu of receiving any
other plan benefits. with this provision, a participant who
terminates City employment after 5 years of service will be
able to elect either to receive a deferred retirement income
commencing at age 60, or an immediate withdrawal of
participant contributions without interest. The election
to withdraw participant contributions is irrevocable, and
a participant is not thereafter entitled to any credited
service for the period of City employment relevant to the
contributions withdrawn.
8. At Division (D) (1) (f), a new paragraph is added providing
that any participant who terminates City employment and is
subsequently re-employed by the City in a position eligible
for participation in the plan will be treated as a new
participant in all respects, except as otherwise provided
in Division (D) (a terminated participant who does not
withdraw participant contributions upon termination of
employment and is later re-employed by the City retains the
prior credited service, and earns additional credited
service during the periOd of re-employment), and Section
35.093(C) (eligible employees who were previously excluded
from plan participation due to being over the then-existing
maxi~ allowable age at hire, who buy back the time during
which they were excluded).
9. At Division (D) (2) (benefit payable in the event of
participating employee's death on or before the normal
retirement date), the lump sum, service-connected death
benefit payable to the participant's spouse is increased
from $~,OOO to $10,000. This increase was recommended by
the pension board.
10. At Division (D) (2) (b) (death benefit -- nonservice-connected
death), the lump sum benefit payable to the spouse of a
deceased participant with 5 or more years of service is
increased from $5,000 to $10,000.
11. At Division (E) (optional forms of retirement income),
paragraph (2) is rewritten to provide that a participant may
change the designation of a joint pensioner or beneficiary
after the commencement of retirement benefits, subject to
the pension board's approval, if the participant pays the
full cost of determining the equivalent actuarial value of
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the benefit payable, and the amount of retirement income
payable to the participant is actuarially redetermined.
12. At Division (H) (termination of City employment for
dishonesty), a provision concerning notice of termination
for dishonesty from the City commission is eliminated. A
provision is added authorizing the pension board or the City
Manager to conduct an investigation concerning alleged
dishonest conduct. A participant's interest and benefits
under the plan cannot be terminated unless there has been
a full investigation of the alleged dishonest conduct and
the participant has had an opportunity to appear before the
pension board to present testimony and evidence.
section 35.098- (SuDDlemental .etir..ent IDOO.. and Xiniaua
Beneflts).-- The 5% increase in retirement benefits to employees
and beneficiaries of employees who retired prior to January 1,
1991 (Ordinance No. 65-92) is clarified to state that the
increase applies to those employees and beneficiaries who were
receiving benefits under the plan prior to January 1, 1991.
Ordinance No. 65-92 was apparently intended to apply only to
those employees who had retired and were actually receiving
benefits prior to January 1, 1991 and their beneficiaries, and
not to employees who had terminated their City employment but had
not yet begun to receive pension benefits prior to that date.
This section is also modified to provide that the minimum monthly
retirement income ($400 per month) is applicable to designated
beneficiaries of participants, as well as employees and
participa~. Again, this was apparently the intent of Ordinance
No. 65-92.
section 35.099 (~"4p~'-~ to hrniah .eauireJl.D~ Illforaation)
-- Division (B) is rev1sed to provide that the pension board may
defer action on a participant's request for retirement benefits
if the participant does not submit proof of age as required by
the board, or the board may rely on other available information
to determine the participant's age.
section 35.100 (Beneficiaries; continaencies) -- Technical
changes only; no change in substance or intent.
section 35 .101 (Benefits Nonassianable) -- Technical changes
only; no change in substance or intent.
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section 35.102 (Benefits Payable to Minors and IncomDetents) --
Division (A) is amended to. eliminate the pension board's
authority to. determine whether a participant/beneficiary is
"unable to preserve his estate far his awn best interest." The
phrase "legally incompetent" is substituted far the current
language. The pensian baard is autharized to. direct all or a
partian af payments due to. a minar ar legally incampetent persan
to. the parent, lawfully appainted legal guardian, ar legal
representative of the persan entitled to. plan benefits.
section 35.103 (Abandanment af Benefits) -- This sectian is
amended to. pravide that if the pensian baard is in daubt as to.
whether retirement incame payments are actually being received
by the person entitled to. them, it may natify the person that all
future retirement incame payments will be withheld until the
persan provides evidence af cantinued life and/or carrect mailing
address. Further, the sectian is revised to. provide that a
participant's right to. receive retirement incame may be canceled
farever if the participant daes nat respand ar atherwise contact
the pensian baard within three years fallowing the date payments
are withheld. Division (B) (3), concerning benefits payable to.
a participant's beneficiary upon the participant's death, is
eliminated. This pravisian duplicates language in ather sections
af the plan.
section 35.104 (Conditions of Emplovrnent Not Affected bv Plan)
-- No change.
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section 35.105 (Administration bv Retirement Committee) -- This
section is revised to eliminate references to. a '''corporate
trustee." The compositian af the Retirement Cammittee (pensian
board) is unchanged, except far the eliminatian of a corporate
trustee. The pensian baard cansists af a "chairpersan and at
least one but not more than four additional members" appointed
by the City commissian.
Division (C) is revised to. require that pensian board meetings
be noticed and open to the public. Meetings shall be conducted
in accordance with rules adapted by the pension board, or by
Raberts Rules of Order if the pensian baard has not adopted
rules. Official pensian baard actian shall be taken by majarity
vote of a quarum of the baard.
Division (D) is amended to. pravide that the pensian baard may
delegate administrative, clerical, prafessianal and ather plan-
related functions as the baard deems necessary and prudent.
Division (F) is revised to. pravide that a pensian baard member
shall not be held liable far actians taken in goad faith, or
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actions taken by other members of the board. Pension board
members are entitled to rely on the advice of professional
consul tants and advisers employed or retained by the Ci ty ,
including but not limited to attorneys, accountants, investment
advisors and actuaries. At paragraph 2, references to the
"commission" are changed to the "City."
section 35.1051 (Claims Procedure) -- This is a new section which
provides a detailed initial hearing and full hearing procedure
for any person whose substantial rights are affected by a
decision of the Pension committee.
section 35.106 (Trust Fund and Trustee) -- Technical changes only
to Divisions (A) through (D). provisions of Division (E),
concerning plan termination, are transferred to Section 35.109.
Section 35.107 (particioant's Riqhts in Trust Fund) -- No change.
Section 35.108 (Amendment of Plan) -- The City Commission retains
its authority to amend the pension plan. Paragraph (A) (2) is
amended to provide that no amendment shall change the duties or
responsibilities of the trustee unless the trustee is given
advance notice of and an opportunity to comment on the change.
Division (B) provides for retroactive plan amendments, when such
amendments are deemed necessary or advisable by the City
Commission. However, a retroactive amendment cannot deprive a
participa~f the right to receive plan benefits to which he/she
is otherwise entitled, except for amendments that are necessary
to comply with federal or state law or to qualify the plan as a
tax-exempt plan.
Section 35.109 (Termination of Plan) -- Relevant provisions
concerning the termination of the plan and distribution of trust
fund assets have been transferred from Section 35.106.
2/228b/hhp
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MEMORANDUM
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TO: MAYOR AND CITY COMMISSIONERS l
FROM: CITY MANAGER e~
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SUBJECT: AGENDA ITEM # \0 \i - MEETING OF DECEMBER 7. 1993 ;
ORDINANCE NO. 67-93 ,
1
DATE: December 5, 1993 j
This is the second reading of an ordinance changing the Land Use Plan I
designation in the Comprehensive Plan from RM (Medium Density
Residential) to GC (General Commercial) for a parcel of land located
on the west side of N.E. 9th Avenue, approximately 100/ north of
George Bush Boulevard (Jennings Florist). I
This land use plan amendment is consistent with the criteria for small
scale land use plan amendments and will create consistency with the
current zoning designation and existing land uses.
The Planning and Zoning Board at their November 15th meeting
recommended approval. A detailed staff report is attached as backup
material for this item. I
At the November 23rd regular meeting Ordinance No. 67-93 passed with a
5 to 0 vote.
Recommend approval of Ordinance No. 67-93 on second and final !
reading I based upon positive findings with respect to LDR Section I
3.1.1 (A).
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ORDINANCE NO. 67-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY
BEACH LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE
PLAN FOR FROM RM (MEDIUM DENSITY RESIDENTIAL) TO GC
(GENERAL COMMERCIAL); SAID LAND IS LOCATED ON THE
WEST SIDE OF N.E. 9TH AVENUE, APPROXIMATELY 100'
NORTH OF GEORGE BUSH BOULEVARD; PROVIDING FOR
EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS;
PROVIDING A GENERAL REPEALER CLAUSE; A SAVING
CLAUSE; AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
is as follows:
Lot 12 & S 1/2 of Lot 13, Block 4, SOPHIA FREY
ADDITION
The subject property is located on the west side of
N.E. 9th Avenue, approximately 100' north of George
Bush Boulevard (Jennings Florist); containing a 0.23
acre parcel of land, more or less.
Section 2. That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby changed to General
Commercial.
I
Section 3. That the City of Delray Beach elects to make this
small scale amendment exempt from the transmittal-and-ORC process by
having only an adoption hearing, pursuant to Florida Statutes Section
163.3187, as amended by SB 1882 (Committee Substitute) effective April
8, 1992.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective upon
the issuance of a notice of intent to find a plan amendment in
compliance by the Department of Community Affairs.
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
j enn1ng8. ord
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVlP T. HARDEN, CITY MANAGER
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TH'tw.:.-,. .. D J. KOVACS, DIRE TOR
~~TMENT OF PLA!IIIING AIID ZONING
~
FROM: o E DOMI GUEZ
PRINCIPAL PLANNER
SUBJECT: MEETING OF NOVEMBER 23, 19.93
FUTURE LAND USE MAP AMENDMENTS TO CORRECT
INCONSISTENCIES BETWEEN LAND USE AND ZONING
DESIGNATIONS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of five amendments to the Future Land Use Map.
These amendments are being processed in order to correct
drafting errors which have resulted in inconsistencies
between the Future Land Use classification and zoning
designations.
Pursuant to Florida Statutes l63.3187 as amended, these
changes are being processed as small scale amendments.
B A C K G R 0 U N D:
These corrective amendments are the result of an analysis that
was conducted by Planning and Zoning staff in June of last year.
The study compared the Future Land Use Map, the Zoning Map, and
actual land uses, in order to identify inconsistencies and
incorrect use classifications. Several inconsistencies between
land use classifications and zoning designations were
identified. On October 26, 1993, the City Commission initiated
eleven land use amendments and rezonings as corrective actions.
Five of. the inconsistencies which had been identified were the
result of mapping errors. The corrective actions that were
initiated for those errors involve amendments to the Future Land
Use Map, which are described below. If additional information
is desired, copies of the Planning and Zoning Board staff
reports for each of the items are available from the Planning
Department.
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City Commission Documentation
Corrective Small-Scale Amendments
Page 2
1. JENNINGS FLORIST Change in land use from Medium Density
Residential to General Commercial, for property located on
the west side of N.E. 9th Avenue, approximately 100' north
of George Bush Blvd.
This property was annexed into the City in 1984 with a
Commercial Land Use designation and GC (General Commercial)
zoning. When the Future Land Use Map was adopted in 1989 in
conjunction with the City's Comprehensive Plan, the property was
given a land use designation of Medium Density Residential,
apparently in error. The GC zoning is inconsistent with the
residential land use. As the existing florist shop is a
commercial use, a change to a General Commercial land use
designation was initiated.
2. PALM TRAIL PLAZA PARKING Change in land use from
Transitional to General Commercial for property located
between N.E. 9th Ave. and Palm Trail, approximately 100' of
George Bush Blvd.
This amendment involves two lots which consist of parking and a
patio area associated with the Palm Trail Plaza shops and
offices. The lots are located immediately to the north of the
plaza. The properties were annexed into the City in 1988 with a
Commercial land use designation and GC zoning. When the Future
Land Use Map was adopted in 1989, the lots were given a
Transitional land use designation, along with the office
development immediately to the north. The GC zoning remained
in place, and is inconsistent with the Transitional land use.
As these lots are part of the Palm Trai I Plaza, which has a
General Commercial land use designation, a change in land use to
General Commercial was initiated.
3. BLOCK 10 PROPERTIES A change in land use from Community
Facilities (Church) to Low Density Residential tor
properties .located between N.W. 7th Avenue and N.W. 6th
Avenue, north of N.W. 2nd Street, in Block 10, Town of
Delray.
This amendment involves several residentially developed lots and
a child care center. Prior to November 1989, these properties
had a Low Density Residential land use plan designation. When
the Future Land Use Map was adopted (11/89), the lots were given
a land use designation of Community Facilities--Church, the
result of a drafting error (that designation was intended for
another property). The existing R-1A (Single Family) zoning is
inconsistent with the CF land use, thus, a change in land use to
Low Density Residential was initiated.
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city Commission Documentation
corrective Small-Scale Amendments
Page 3
4. MAYFAIR ANIMAL HOSPITAL/BARRTON CONDOMINIUMS A change in
land use from Medium Density Residential to Transitional
(Mayfair Animal Hospital), and from Transitional to Medium
Density Residential (Barrton) for property located at South
Federal Highway and S.E. 5th Street.
With the adoption of the Future Land Use Map in 1989, the
Mayfair Animal Hospital was given two land use designations:
Transitional on the west half (which contains the building), and
Medium Density Residential on the east half (associated parking
lot). Apparently the east half was thought to be part of the
adjacent condominium development. The existing zoning
classification of GC is inconsistent with both of these land use
categories. The property contains a veterinary clinic and is
adjacent to residential development, thus, a change in land use
for the east half (parking lot) to-Transitional was initiated,
as well as a corrective rezoning to POD (Professional and Office
District) for the entire parcel. The rezoning action is
discussed in a separate report.
Conversely, the parcel which contains an access drive and
parking for the Barrton Condominiums was apparently thought to
be part of the Mayfair property, and was given a Transitional
land use designation. As the balance of the Barrton development
has a Medium Density land use designation, a change in land use
to Medium Density Residential for this parcel was initiated.
5. BURKE , HOWELL JONES, AND FIRE STATION .3 A change in land
use from Medium Density Residential and Community
Facilities to Redevelopment Area .3 (Burke); from Community
Facilities to Redevelopment Area .3 (Howell Jones) ; and
from Medium Density Residential to Community Facilities
(Fire Station '3), for property located at Linton Blvd. and
N.W. 6th Avenue, extended.
These properties consist of a single family home (Burke) , a
vacant flag lot (Howell Jones), and a municipal fire station.
The existing land use classifications are the result of a
drafting error which occurred in conjunction with the adoption
of the Future Land Use Map in 1989. The R-lA zoning
classification that exists on the Burke and Howell/Jones
properties is inconsistent with the Community Facilities land
use. As these properties are located immediately adjacent to
Redevelopment Area '3, and have similar characteristics to other
properties within that area, a land use change to Redevelopment
Area #3 was initiated.
Similarly, the Fire Station · s CF (Community Facilities) zoning
is inconsistent with the Medium Density Residential land use.
In order to eliminate the inconsistency, and correctly reflect
the existing use, a land use change to Community Facilities was
initiated.
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city Commission Documentation
Corrective Small-Scale Amendments
page 4
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed these amendments
at its meeting of November 15, 1993. Public hearings were held
on each item. Two people who own property west of the Jennings
Florist site spoke on that amendment, stating that they would
like to have a General Commercial land use designation on their
property as well. There was no one present to speak on the
other four amendments.
The Planning and Zoning Board unanimously recommended approval
of each of the five amendments as presented.
R E COM MEN D E D ACT ION:
By separate motion, approve each of the five land use plan
amendments as described in the ordinances provided.
Attachment:
* Location Maps
* Ordinances by Others
DD'T:CCSIS1.DOC
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SMALL SCALE AMENDMENT
I I Jennings Florist
I I u (67-93)
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MEMORANDUM
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TO: MAYOR AND CITY COMMISSIONERS l
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FROM: CITY MANAGER [.fJN1
SUBJECT: AGENDA ITEM # ~ - MEETING OF DECEMBER 7. 1993
ORDINANCE NO. 68-93
DATE: December 5, 1993
This is the second reading of an ordinance changing the Land Use Plan !
Designation in the Comprehensive Plan for a parcel of land located I
between N.E. 9th Avenue and Palm Trail, approximately 100' feet north
of George Bush Boulevard (Palm Trail Plaza parking lot) from
Transitional to General Commercial.
This land use plan amendment is consistent with the criteria for small .
scale land use plan amendments and will create consistency with the
current zoning designation and existing land uses.
The Planning and Zoning Board at their November 15th meeting
recommended approval. See staff report attached to Ordinance No.
67-93.
At the November 23rd regular meeting, Ordinance No. 68-93 passed on
first reading by a 5 to 0 vote. I
i
Recommend approval of Ordinance No. 68-93 second and final I
on I
reading, based upon positive findings with respect to LDR Section I
3.1.1 (A) .
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~ CITY I- .u~NEY'S OFFICE TEL No, 407 278 4755 Nov 19,93 15:0J ? . ~:I':
ORDINANCE NO. 68-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY
BEACH LAND USE PLAN DBSIGNATION IN THE COMPREHENSIVE
PLAN FOR A PARCEL OF LAND MORE PARTICULARLY
DESCRIBED HEREIN FROM TRANSITIONAL TO GENERAL
COMMERCIAL; SAID LAND IS LOCATED BETWEEN N. E . 9TH
AVENUE AND PALM TRAIL, APPROXIMATELY 100' NORTH or
GEORGE BUSH BOULEVARD; PROVIDING FOR EXEMPTION FROM
THE TRANSMITTAL-AND-ORC PROCISS; PROVIDING A GENERAL
REPEALER CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE
DATE.
NOW, THEREFORE, B!~ IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal d..cription ot the .ubject property
ill as followa I
Lot 3, Block 5, and the W 1/2 of abandoned all.y
lying .aaterly and adjacent to Lot 3, Block 5,
SOPHIA FREY ADDITION
TOGETHER WI'1'H
Lot 12, Block 5, and the E 1/2 of the abandoned
alley lying west of and adjaCent to Lot 12, Block 5,
SOPHIA FREY ADDITION
The lubj.ct property 1. located betw..n N.E. 9th
Avenu. and Palm Trail, approximat.ly 100' north of
George BUlh Boulevard ( Palm Trail Plaza parking
lot); containing a 0.32 acre parcel of land, more or
1....
Section 2. That the Land U.e Plan delignation of the subject
property I'n the Comprehensive Plan i. hereby changed to General
COIIIIIIercial.
Section 3. That the City ot Delray Beach elect. to make this
lmall .cale amendJllent exempt froll the transmittal-and-oRe process by
having only an adoption hearing, pur.uant to Florida statutes SectIon
163.3187, al amended by SB 1882 (Committee Substitute) effective April
8, 1992.
section 4. That all ordinance. or parts ot ordinances in
conflict herewith be, and the I". are hereby repealed.
Section 5. That .hould any .ection or provision of this
ordinance or any portion ther.ot, any paragraph, sentence, or word be
declared by a court of cOllpetent jurisdiction to be invalid, .uch
dec1s10n ahall not affect the vaHdity of the remainder hereof as a
whole or part thereof oth.r than the part declared to be invalid.
SecUon 6. That th18 ordinance shall become effect! ve upon
the issuance of a not1ce of intent to find a plan amendment in
comp11ance by the Departm.nt of Co.IIunity Affair..
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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
.lfona.ord
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2 ORO. NO. 68-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER o-rv\
SUBJECT: AGENDA ITEM * to,}' - MEETING OF DECEMBER 7. 1993
ORDINANCE NO. 69-93
DATE: December 5, 1993 I
f
This is the second reading of an ordinance revising the Land Use Plan
Designation for a parcel of land located at the northwest corner of
Andrews Avenue and Thomas Street (Lyndon Arms Condominiums) from Low
Density Residential to Medium Density Residential and changing the
zoning classification from R-1AA (Single Family Residential) to RM
(Medium Density Residential) zone district.
This land use plan amendment and associated rezoning are consistent
with the criteria for small scale land use plan amendments and will
reduce the nonconforming status of this property. A detailed staff
report is attached as backup material for this item.
The Planning and Zoning Board at their November 15th meeting
recommended approval.
At the November 23rd regular meeting, Ordinance No. 69-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 69-93 on second and final reading,
based upon positive findings with respect to LDR Section 3.1.1 (A) .
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ORDINANCE NO. 69-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REVISING THE CITY OF DELRAY
BEACH LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE
PLAN FOR A PARCEL OF LAND MORE PARTICULARLY
DESCRIBED HEREIN FROM LOW DENSITY RESIDENTIAL TO
MEDIUM DENSITY RESIDENTIAL; CORRECTING THE ZONING
CLASSIFICATION FROM R-1AA (SINGLE FAMILY) TO RM
(MEDIUM DENSITY RESIDENTIAL) ; SAID LAND IS LOCATED
AT THE NORTHWEST CORNER OF ANDREWS AVENUE AND THOMAS
STREET; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-
AND-ORC PROCESS; 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
September 14, 1993, as being zoned R-lAA (Single Family Residential)
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 October 26, 1993, the City
Commission for the City of Delray Beach initiated a corrective rezoning
of the property from R-1AA (Single Family Residential) District to RM
(Medium Density Residential) District and directed staff to prepare an
analysis of the rezoning; and,
WHEREAS, at its meeting of November 15, 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 September 14, 1993 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 legal description of the subject property
is as follows:
Lyndon Arms Apartments Inc.
Formerly Lots 30 and 31, Ocean Breeze Estates, as
recorded in Plat Book 13, Page 36 of the Public
Records of Palm Beach County, Florida
,.
.
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The subject property is located at the northwest
corner of Andrews Avenue and Thomas Street (Lyndon
Arms Condominiums); containing 0.47 acre parcel of
land, more or less.
Section 2. That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby changed to Medium Density
Residential.
Section 3. That the City of Delray Beach elects to make this
small scale amendment exempt from the transmittal-and-ORC process by
having only an adoption hearing, pursuant to Florida Statutes Section
163.3187, as amended by SB 1882 (Committee Substitute) effective April
8, 1992.
Section 4. That the Zoning District Map of the City of Delray
Beach, Florida, dated September 14, 1993, be, and the same is hereby
corrected to reflect a zoning classification of RM (Medium Density
Residential) District for the above described property.
Section 5. 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
5 hereof.
Section 6 . That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 7 . That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. That this ordinance shall become effective upon
the issuance of a notice of intent to find a plan amendment in
compliance by the Department of Community Affairs.
PASSED AND ADOPTED in regular session on second and final
reading on this the 7th day of Dec~~
MAY 0
ATTEST:
~~
. , Ci ty Clerk
~ First Reading Novemb~r 23. 1993
Second Reading'IJecamber 7 , 1993
2 ORD. NO. 69-93
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
THRU:
ZONING
FROM:
SUBJECT: MEETING OF NOVEMBER 23, 1993
CONSIDERATION OF THREE CORRECTIVE AMENDMENTS TO THE
FUTURE LAND USE MAP, AND ONE CONCURRENT CHANGE OF
ZONING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of three amendments to the Future Land Use Map,
and a concurrent change to the Zoning Map. These changes
are being processed in order to apply land use and/or
zoning designations which correctly reflect the existing
uses of the properties.
Pursuant to Florida Statutes 163.3187 as amended, the land
use changes are being processed as small scale amendments.
B A C K G R 0 U N D:
These corrective actions are the result of an analysis that was
conducted by Planning and Zoning staff in June of last year.
The study compared the Future Land Use Map, the Zoning Map, and
actual land uses, in order to identify inconsistencies and
incorrect use classifications. Several incorrect land use
and/or zoning designations were identified. On October 26,
1993, the City Commission initiated eleven land use amendments
and rezonings as corrective actions.
Two of the actions which were initiated involve properties with
land use designations that are not appropriate given the
existing uses or locations of the properties. Another involves
a property that has both incorrect land use and zoning
designations. In order to apply the correct designations,
changes to the Future Land Use Map and the Zoning Map are
proposed. Those changes are briefly described below. If
additional informa.tion is desired, copies of the Planning and
Zoning Boards~aff reports for each of the items are available
from the Planning Department.
'.
City Commission Documentation
Corrective Amendments/Rezoning
Page 2
1. LYNDON ARMS CONDOMINIUMS Change in land use from Low
Density Residential to Medium Density Residential, and a
change in zoning from R-1AA (Single Family) to RM (Medium
Density Residential) for property located at the northwest
corner of Andrews Avenue and Thomas Street.
This half-acre property was developed in 1963 as an eight-unit
apartment building, pursuant to the R-3 zoning that existed at
the time. In 1972 the property was given an RM-IS (Multiple
Family--1S units per acre) zoning. In 1989, with adoption of
the Comprehensive Plan and Future Land Use Map, the property was
given a Low Density Residential land use. With the Citywide
rezoning in 1990, the property was assigned its current R-lAA
zoning designation. While the land use and zoning
classifications are not inconsistent, they do not reflect the
existing multiple family use.
The apartments have been converted to condominium ownership.
Staff was recently asked by the owners of the condominiums to
correct the land use and zoning classifications to more
accurately reflect the current use. According to the owners,
the nonconforming status of the property has created
difficulty in obtaining financing on some of the units. While
the property will remain non-conforming with respect to density
(the RM zoning allows 12 units/acre, whereas the 8 units equates
to a density of 17 units/acre), the proposed changes will
substantially decrease that non-conformity. Thus, an amendment
to the Future Land Use Map from Low Density Residential to
Medium Density Residential, and a change in zoning from R-lAA
(Single Family Residential) to RM (Multiple Family
Residential--Medium Density) is proposed.
2. SOUTHRIDGE SUBDIVISION Change in land use from
Medium Density Residential to Low Density Residential for
property located in the Southridge subdivision, at the
southwest corner of Zeder Avenue and Central Avenue.
This amendment involves three lots located within a single
family residential subdivision. The lots are currently
undeveloped, and have an R-1A (Single Family) zoning
designation. When the Future Land Use Map was adopted in 1989,
the lots were given a Medium Density Residential land use
designation, apparently because they were thought to be part of
the adjacent Linton Ridge Condominium development. While the
land use and zoning designations are not inconsistent, the most
appropriate use of the property is for single family residential
development, as permitted by the existing R-1A zoning. Thus, an
amendment to the Future Land Use Map from Medium Density to Low
Density Residential was initiated.
"
City Commission Documentation
Corrective Amendments/Rezoning
Page 3
3. HAMLET SHOPS/HITCHING POST A change in land use from
General Commercial to Transitional for property located on
the north side of Atlantic Avenue just east of Hamlet
Drive.
This amendment involves two parcels which are developed with
commercial uses. The properties were already developed when
they were annexed into the City in 1982 and 1983. The
properties currently have a General Commercial land use
designation and NC (Neighborhood Commercial) zoning. While
those designations are consistent with each other, the
underlying land use would allow a more intense zoning
classification, such as Ge. As this type of zoning would not be
appropriate in this area, and the existing uses can be
accommodated under the NC zoning, a Future Land Use Map
amendment to Transitional was initiated.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed these proposed
changes at its meeting of November 15, 1993. Public hearings
were held on each item. One person representing the Hamlet
Homeowners Association spoke in favor of the land use amendment
from General Commercial to Transitional for the Hamlet
ShopS/Hitching Post. There was no one present to speak on the
other two items.
The Planning and Zoning Board unanimously recommended approval
of each of the changes as presented.
R E COM MEN D E D ACT ION:
By separate motion, approve each of the land use plan amendments
and the zoning change as described in the ordinances provided.
Attachment:
* Location maps
* Ordinances by others
DD\T:CCSS2.DOC
"
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MEMORANDUM
i
!
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t"IJ'^1
SUBJECT: AGENDA ITEM # ~~ - MEETING OF DECEMBER 7. 1993
ORDINANCE NO. 70-93 i
I
DATE: December 5, 1993 i
This is the second reading of an ordinance changing the Land Use Plan
Designation in the Comprehensive Plan for a parcel of land located at
the northwest corner of N.W. 2nd Street and N.W. 6th Avenue (child
care center and various residential uses) from Community Facilities to
Low Density Residential.
This land use plan amendment is consistent with the criteria for small
scale land use plan amendments and will create consistency with the
current zoning designation and existing land uses. I
The Planning and Zoning Board at their November 15th meeting !
i
recommended approval. See backup material attached to Ordinance No. I
67-93. i
I
I
At the November 23rd regular meeting, Ordinance No. 70-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 70-93 on second and final reading,
based upon positive findings with respect to LDR Section 3.1.1 (A) .
I
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... -~- -----~--~'
ORDINANCE NO. 70-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY
BEACH LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE
PLAN FOR A PARCEL OF LAND MORE PARTICULARLY
DESCRIBED HEREIN FROM COMMUNITY FACILITIES TO LOW
DENSITY RESIDENTIAL; SAID LAND IS LOCATED AT THE
NORTHWEST CORNER OF N.W. 2ND STREET AND N.W. 6TH
AVENUE; PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-
AND-ORC PROCESS; PROVIDING A GENERAL REPEALER
CLAUSE; A SAVING CLAUSE; AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
is as follows:
Block 10, less N 324.9' of E 135' of the W 160', and
less the N 300' of the E 135' thereof, according to
the Plat of the Town of "Linton" now Delray Beach,
as recorded in Plat Book 1, Page 3, of the Public
Records of Palm Beach County, Florida
The subject property is located at the Northwest
corner of N.W. 2nd Street and N.W. 6th Avenue (Child
Care Center and Various Residential Uses) ;
containing 1.9 acre parcel of land, more or less.
Section 2. That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby changed to Low Density
Residential.
Section 3. That the City of Delray Beach elects to make this
small scale amendment exempt from the transmittal-and-ORC process by
having only an adoption hearing, pursuant to Florida Statutes Section
163.3187, as amended by SB 1882 (Committee Substitute) effective April
8, 1992.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
.,
.
Section 6'. That this ordinance shall become effective upon
the issuance of a notice of intent to find a plan amendment in
compliance py the Department of Community Affairs.
PASSED AND ADOPTED in regular . . second and final
seSSlon on
reading on this the 7th day of Dece~~cf"~
ATTEST:
~~~
0ffi1 City Clerk
First Reading November 23, 1993
Second Reading December 7, 1993
2 ORD. NO. 70-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tf/Vl
SUBJECT: AGENDA ITEM ft ~OL-.. MEETING OF DECEMBER 7. 1993
ORDINANCE NO.7 -93
DATE: December 5, 1993
This is the second reading of an ordinance correcting the zoning
classification for a parcel of land located at the southeast corner or
S. Federal Highway and S.E. 5th street (Mayfair Animal Hospital) from
General Commercial (GC) to Neighborhood Commercial (NC) zone district.
The GC zoning on this property is inconsistent with the Transitional
land use designation.
The Planning and Zoning Board at their November 15th meeting
considered a proposal to rezone this property to POD (Professional
and Office District). Following testimony from the property owner,
the Board recommended approval of NC zoning. A detailed staff report
is attached as backup material for this item.
At the November 23rd regular meeting, Ordinance No. 72-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 72-93 on second and final reading.
~
5-0
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CITY ATTORNEY'S OFFICE TEL No. a07 :-:-3 r:5 \l: .. . - . - -- :
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ORDINANCE NO. 72-93 /
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY or
DELAAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR A PARCEL OF LAND AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM GC (GENERAL
COMMERCI~) DISTRICT TO MC (NEIGHBORHOOD COMMERCIAL)
DISTRICT1 SAID LAND BEING LOCATED AT THE S.E. CORNER
OF S. FEDERAL HIGHWAY AND S.E. ,TH STREET; AND
CORRECTING "ZONING MAP OF DSLRAY BEACH, FLORIDA,
lUO"; PROVIDING A GElfIRAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN nrzcTIVE DATE.
WHEREAS , the property h.r.inafter described 111 shown on the
zoning D18trict Map of the. City of Delray Beach, Florida, dated
September 14, 1993, as belng zoned GC (General CoaunercIal) Di.trIct;
and,
.
WHEREAS, a review of City record. indicate. that lIuch zoning
classification wa. inadvertently appli.d to aaid property; and
WHEREAS, at ita lIeeUng of OCtober 26, 1993, the City
Commission for the City of Delray Beach initiated a corrective rezoning
of the property froll GC (Gen.ral COllllercUl) Di.trict to HC
(Neighborhood commercial) DlItrict and directed staff to prepare an
analy.i. of the rezoning; and,
WHEREAS, at ita ..eting of November 15, 1993, the Planning and
Zoning Board, al LOcal Planning Agency, reviewed this i tern and voted
unanimou.ly to recommend approval of the rezoning, ba..d upon po.itive
findinia; and,
WHEREAS, it i8 appropriate that the zoning Di.trict Map of the
City of Delray Beach, Florida, dated September 14, 1993 be corrected to
reflect the proper zonini cla.eificatlon.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELAAY BEACH, FLORIDA, AS FOLLOWS:
Sectlon 1- That the zoning Di.trict Map of the City of Delray
BeaCh, Florida, dated September 14, In3, b., and the .ame 18 hereby
corr.cted to reflect a zonlng clas.iUcation of NC (Neighborhood
commerclal) Diltrict tor the following de.cribed property:
Th. East 161.0 feet of the w..t 166.0 feet of Lot
11, Block 1, OSCEOLA PARlt, eccording to the plat
thereof record.d in Plat BOok 3, Page 2.ot the
Public Record. of Palm Beach County, Florida, 1e..
that part conveyed to the State Road Department a.
in Official Record Book 41', Pag. 18', of the Public
Record. of Palll Beach county, Florida; containing
0.547 acre parcel of land, 1101'. or 1....
The lubject property 11 located at the S.!. corner
South F.deral Highway and S.E. 5th Street (Mayfair
Animal HOlpltal).
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C I T Y COM MIS S ION DOC U MEN TAT ION
,
TO: Q T. HARDEN, CITY MANAGER
THRU: D~~Y~
DEPARTMENT OF PLANNING AND ZONING
FROM: DIANE DOMINGUEZ ~~'j
PRINCIPAL PLANNE
SUBJECT: MEETING OF NOVEMBER 23, 1~93
CONSIDERATION OF TWO CORRECTIVE C ZONING
.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of two corrective rezoning actions. These changes
are being processed in order to apply zoning designations
which correctly reflect the existing uses of the
properties.
B A C K G R 0 U N D:
These corrective actions are the result of an analysis that was
conducted by Planning and Zon.1.ng staff in June of last year.
The study compared the Future Land Use Map, the Zoning Map, and
actual land uses, in order to identify inconsistencies and
incorrect use classifications. Several incorrect land use
and/or zoning designations were identified. On October 26,
1993, the City Commission initiated eleven land use amendments
and rezonings as corrective actions.
Two of the actions which were initiated involve properties with
zoning designations that are inappropriate given the existing
uses of the properties. In order to apply the correct zoning
designations, changes to the Zoning Map are proposed. Those
changes are briefly described below. If additional information
is desired, copies of the Planning and Zoning Board staff
reports for each of the items are available from the Planning
Department.
"
. . .
City Commission Documentation
Corrective Rezonings
Page 3
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed these ,zoning
changes at its meeting of November 15, 1993. Public hearings
were held on each item. As indicated above, testimony wa~ taken
with respect to the proposed POD zoning for the Delray Dental
Specialists building. The Board voted unanimously to recommend
NC zoning for Delray Dental Specialists, and POD for the Mayfair
Animal Hospital. One person asked for clarification of the
change in zoning on the St~ John's property, but did not raise
an objection. The Board unanimously recommended approval of the
rezoning for that property from R-1A to CF.
R E COM MEN D E D- ACT ION:
By separate motion, approve the corrective rezonings as .
described in the ordinances provided.
Attachment:
* Location maps
* Ordinances by others
.
DD\T:CCSS1.DOC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER M
SUBJECT: AGENDA ITEM i 10 n\ - MEETING OF DECEMBER 7. 1993
ORDINANCE NO. 73-93
DATE: December 5, 1993
This is the second reading of an ordinance changing the Land Use
Designation in the Comprehensive Plan for a parcel of land located at
the southwest corner of Central street at Zeder Avenue (with the
Southridge Subdivision) from Medium Density Residential to Low Density .
Residential.
This land use plan amendment is consistent with the criteria for small
scale land use plan amendments and will provide for the most
appropriate use of the property.
The Planning and Zoning Board at their November 15th meeting
recommended approval. See backup material attached to Ordinance No.
69-93.
At the November 23rd regular meeting, Ordinance No. 73-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 73-93 on second and final reading,
based upon positive findings with respect to LDR Section 3.1.1 (A) .
5-{)
".
'.
.
ORDINANCE NO. 73-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CI~Y OF
DELRA Y BEACH, FLORIDA, CHANGING THE CITY OF DELRAY
BEACH LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE
PLAN FOR A PARCEL OF LAND MORE PARTICULARLY
DESCRIBED HEREIN FROM MEDIUM DENSITY RESIDENTIAL TO
LOW DENSITY RESIDENTIAL; SAID LAND IS LOCATED AT THE
SOUTHWEST CORNER OF CENTRAL STREET AT ZEDER AVENUE;
PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC
PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; A
SAVING CLAUSE; AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO~~ISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
is as follows:
Lots 1, 2 and 12, -Block 13, SOUTHRIDGE, Plat 2, as
recorded in Plat Book 13, Page 39 of the Public
Records of Palm Beach County, Florida .
The subject property is located at the southwest
corner of Central Street at Zeder Avenue (within the
Southridge Subdivision); containing 0.40 acre parcel
of land, more or less.
Section 2. That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby changed to Low Density
Residential. /
Section 3. That the City of Delray Beach elects to make this
small scale amendment exempt from the transmittal-and-ORC process by
having only an adoption hearing, pursuant to Florida Statutes Section
163.3187, as amended by SB 1882 (Committee Substitute) effective April
8, 1992.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That this ordinance shall become effective upon
the issuance of a notice of intent to find a plan amendment in
compliance by the Department of Community Affairs.
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
brown.ard
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(73-93)
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 01^1
SUBJECT: AGENDA ITEM f tON - MEETING OF DECEMBER 7. 1993
ORDINANCE NO. 74-93
DATE: December 5, 1993
This is the second reading of an ordinance correcting the zoning
classification for a parcel of land located between N.W. 6th Avenue
and N.W. 7th Avenue, approximately 100' north of N.W. 1st Street (St.
John's Primitive Baptist Church parking areas) from R-1A (Single .
Family Residential) in part and CF (Community Facilities) in part to
CF (Community Facilities).
This rezoning is being initiated to correct errors which occurred
during the citywide rezonings in 1990. At that time a portion of the
Church property which contains the sanctuary and a parking area were
rezoned to CF, with the balance of th~ property remaining in the R-1A
district.
The Planning and Zoning Board at their November 15th meeting
recommended approval. See the staff report attached to Ordinance No.
72-93.
At the November 23rd regular meeting, Ordinance No. 74-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 74-93 on second and final reading.
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ORDINANCE NO. 74-93
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 R-lA (SINGLE
FAMILY RESIDENTIAL) IN PART AND CF IN PART
(COMMUNITY FACILITIES) TO CF (COMMUNITY FACILITIES);
SAID LAND BEING LOCATED BETWEEN N.W. 6TH AND N.W.
7TH AVENUES, APPROXIMATELY 100' NORTH OF N.W. 1ST
STREET; AND CORRECTING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1993"; 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
September 14, 1993, as being ~oned R-1A (Single Family Residential) and,
WHEREAS, a review of City records indicates that such zon~ng
classification was inadvertently applied to said property; and
WHEREAS, at its meeting of October 26, 1993, the City
Commission for the City of Delray Beach initiated a corrective rezoning
of the property from R-IA (Single Family Residential) in part and CF
(Community Facilities) in part to CF (Community Facilities) District and
directed staff to prepare an analysis of the rezoning; and,
f
WHEREAS, at its meeting of November 15, 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' September 14, 1993, 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 September 14, 1993, be, and the same is hereby
corrected to reflect a zoning classification of CF (Community
Facilities) District for the following described property:
S 1/4 (Less W 25' Rd RIW S 93' of E 9.7.3' of W
122.3', Block 11, TOWN OF DELRAY
TOGETHER WITH
S 50' of E 135' of N 1/2 of S 1/2, Block 11, TOWN OF
DELRAY
The subject property is located between N,W, 6th and
N.W. 7th Avenues, approximately 100' North of N.W.
1st Street (parking areas associated with St. John's
Primitive Baptist Church); containing 0.29 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
conrlict 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 validi.ty 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 effect! ve 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.
.
\I A Y 0 R
ATTEST:
City Clerk
, I
First Reading I
Second Reading
njClllna.orcl
2 ORD. NO. 74-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [!/VI
SUBJECT: AGENDA ITE~ # \00 - MEETING OF DECEMBER 7. 1993
ORDINANCE NO. 75-93
DATE: December 5, 1993
This is the second reading of an ordinance revising the Land Use
Designation in the Comprehensive Plan for a parcel of land located on
the north side of Linton Boulevard (Howell parcel and Burke parcel)
from Medium Density Residential in part and Community Facilities in
part to Redevelopment Area i3. .
This land use plan amendment is consistent with the criteria for small
scale land use plan amendments and will provide for the most
appropriate use of the property.
The Planning and Zoning Board at their November 15th meeting
recommended approval. See backup material attached to Ordinance No.
67-93.
At the November 23rd regular meeting, Ordinance No. 75-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 75-93 on second and final reading,
based upon positive findings with respect to LDR Section 3.1.1 (A) .
5-'{)
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ORDINANCE NO. 75-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REVISING THE CITY'S LAND USE
PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR A
PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN
FROM MEDIUM DENSITY RESIDENTIAL IN PART AND
COMMUNITY FACILITIES IN PART TO REDEVELOPMENT AREA
#3; SAID LAND IS LOCATED ON THE NORTH SIDE OF LINTON
BOULEVARD AT S.W. 6TH AVENUE EXTENDED; PROVIDING FOR
EXEMPTION FROM THE TRANSMITTAL-AND-ORC PROCESS;
PROVIDING A GENERAL REPEALER CLAUSE; A SAVING
CLAUSE; AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
is as follows: .
East 159' OF West 658' OF S.W. 1/4 of Lot 8 (less
West 139' OF South 207' South 53' road right-of-way,
Section 20, Township 46 South, Range 53 East, Palm
Beach County, Florida; containing 0.534 acre parcel
of land, more or less.
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together with f
East 139' of West 638' of South 208' of South 1/2 of
Lot 8 (less S 53' road right-of-way) , Section 20,
Township 46 South, Range 43 East, Palm Beach County,
Florida; containing 0.495 acre parcel of land, more
or less.
The subject property is located on the North side of
Linton Boulevard at S.W, 6th Avenue extended.
(Howell Parcel and Burke Parcel).
Section 2, That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby changed to Redevelopment
Area #3.
Section 3. That the City of Delray Beach elects to make this
small scale amendment exempt from the transmittal-and-ORC process by
having only an adoption hearing, pursuant to Florida Statutes Section
163.3187, as amended by SB 1882 (Committee Substitute) effective April
8, 1992.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the val1di ty of the remainder hereof as a
whole or part thereof other than the part declared to be inva'lid.
.,
.
Section 6. That this ordinance shall become-effective upon
the issuance of a notice of intent to find a plan amendment in
compliance by the Department of Community Affairs.
PASSED AND ADOPTED in regular session on second and final
read~ng on this the _____ day of , 1993.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
burke.ord .
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2 ORD. NO. 75-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [7Ml
SUBJECT: AGENDA ITEM i lO~ _ MEETING OF DECEMBER 7. 1993
ORDINANCE NO. 80-93
DATE: December 5, 1993
This is the second reading of an ordinance changing the Land Use Plan
Designation in the Comprehensive Plan for a parcel of land located on
South Federal Highway and S.E. 5th Street (Barrton Condominiums access
drive/parking) from Transitional to Medium Density Residential.
.
This land use plan amendment is consistent with the criteria for small
scale land use plan amendments and will provide for the most
appropriate use of the property.
The Planning and Zoning Board at their November 15th meeting
recommended approval. See backup material attached to Ordinance No.
67-93.
At the November 23rd regular meeting, Ordinance No. 80-93 passed on
first reading by a 5 to 0 vote.
Recommend approval of Ordinance No. 80-93 on second and final reading,
based upon positive findings with respect to LDR Section 3.1.1 (A) .
I
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ORDINANCE NO, 80-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE CITY OF DELRAY
BEACH LAND USE PLAN DESIGNATION IN THE COMPREHENSIVE
PLAN FOR A PARCEL OF LAND AS MORE PARTICULARLY
DESCRIBED HEREIN FROM TRANSITIONAL TO MEDIUM DENSITY
RESIDENTIAL; SAID LAND IS LOCATED AT SOUTH FEDERAL
HIGHWAY AND S,E, 5TH STREET; PROVIDING FOR EXEMPTION
FROM THE TRANSMITTAL-AND-ORC PROCESS; PROVIDING A
GENERAL REPEALER CLAUSE; A SAVING CLAUSE; AND AN
EFFECTIVE DATE,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
is as follows:
The West 161' of Lot 12, Block 1, OSCEOLA PARK, less
the North 75' thereof (the' acces s drive/parking for
Barrton Condominiums),
The subject property is located at South Federal
Highway and S.E. 5th Street; containing 0.289 acre
parcel of land, more or less,
Section 2, That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby changed to Medium Density
Residential,
Section 3. That the City of Delray Beach elects to make this
small scale amendment exempt from the transmittal-and-ORC process by
having only an adoption hearing, pursuant to Florida Statutes Section
163.3187, as amended by SB 1882 (Committee Substitute) effective April
8, 1992,
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed,
Section 5, That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
! decision shall not affect the validity of the remainder hereof as a
, whole or part thereof other than the part declared to be invalid.
,
"
,
~ ,
Section 6, That this ordinance shall become effective upon
the issuance of a notice of intent to find a plan amendment in
, compliance by the Department of Community Affairs,
I
PASSED AND ADOPTED in regular session on second and final
reading on this the 7th day of Decemb~~
/M A Y 0 R
ATTEST:
~~
City Clerk
First Reading November 23, 1993 .
Second Reading December 7, 1993
! i
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2 ORD, NO. 80-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tM
SUBJECT: AGENDA ITEM i to Q . - MEETING OF DECEMBER 7. 1993
ORDINANCE NO. 81-93
DATE: December 5, 1993
This is the second reading of an ordinance revising the Land Use Plan
Designation in the Comprehensive Plan for a parcel of land located on
the north side of Linton Boulevard at S.W. 6th Avenue extended (Fire
Station No. 3) from Medium Density Residential to Community
Facilities. .
This land use plan amendment is consistent with the criteria for small
scale land use plan amendments and provides for the correct
designation of the property use.
The Planning and Zoning Board at their November 15th meeting
recommended approval. See backup material attached to Ordinance No.
67-93.
Recommend approval of Ordinance No. 81-93 on second and final reading,
based upon positive findings with respect to LDR Section 3.1.1 (A) .
i
"
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ORDINANCE NO, 81-93
r
, AN ORDIN~NCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REVISING THE CITY'S LAND USE
PLAN DESIGNATION IN THE COMPREHENSIVE PLAN FOR A
i PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN
FROM MEDIUM DENSITY RESIDENTIAL TO COMMUNITY
FACILITIES; SAID LAND IS LOCATED ON THE NORTH SIDE
OF LINTON BOULEVARD AT S. W, 6TH AVENUE EXTENDED;
PROVIDING FOR EXEMPTION FROM THE TRANSMITTAL-AND-ORC
PROCESS; PROVIDING A GENERAL REPEALER CLAUSE; A
SAVING CLAUSE; AND AN EFFECTIVE DATE,
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the legal description of the subject property
is as follows:
East 150' of West 499' of South 1/2 of Lot 8 (less S
53' RD R/W) , Section 20 Township 46 South, Range 3
East, Palm Beach County, Florida; containing 0,97
acre parcel of land, more or less,
The subject property is located on the North side of
Linton Boulevard at S,W, 6th Avenue extended (Fire
Station #3),
Section 2, That the City of De1ray Beach elects to make this
small scale amendment exempt from the transmittal-and-ORC process by
having only an adoption hearing, pursuant to Florida Statutes Section
163,3187, as amended by SB 1882 (Committee Substitute) effective April
8, 1992.
Section 3, That the Land Use Plan designation of the subject
property in the Comprehensive Plan is hereby changed to Community
Facilities,
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5, That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid,
"
.
/
Section 6 , That this ordinance shall become effective upon
the issuance of a notice of intent to find a plan amendment in
compliance by the Department of Community Affairs.
PASSED AND ADOPTED in regular session on second and final
reading on this the 7th day.of Decemb~~
A~/~ / MAYOR
. City Clerk
~ First Reading November 23,1993 .
Second ReadingDecember 7, 1993
I
2 ORD. NO. 81-93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ \of\ - MEETING OF DECEMBER 7. 1993
ORDINANCE NO. 84-93/COMPREHENSIVE PLAN AMENDMENT 93-2
DATE: December 5, 1993
This is the first reading and public hearing of an ordinance adopting
Comprehensive Plan Amendment 93-2 pursuant to the provisions of the
"Local Government Comprehensive Planning and Land Development
Regulations Act", Florida Statutes Sections 163.3161 through 163.3243,
inclusive. .
Significant items in Plan Amendment 93-2 include amending the Future
Land Use Map (FLUM) designation for the Taheri Property from Medium
Density Residential to Transitional and a possible amendment to the
FLUM for School Site "S". Other items include updates to the
Infrastructure Master Plans, Annexation Element, Intergovernmental
Coordination Element and Future Land Use Element.
The Department of Community Affairs (DCA), Objections, Recommendations
and Comments (ORC) Report was received on October 18th. There were
six objections, three (3) relative to the FLUM Amendments for the
Taheri and Blood's Grove propertiesj one a minor wording concern in
Land Use Element Policy B-3.3 (ali and two (2) with respect to
consistency with Treasure Coast Regional Planning Council and State
housing and land use goals and policies.
To accommodate the objections raised by DCA, staff has proposed
modifications to Amendment 93-2. Those items are addressed in the
staff report attached as backup material for this item. The other
items contained in Amendment 93-2 were approved as submitted.
The Planning and Zoning Board at their November 29th meeting
recommended approval of the modifications and recommended that the
terri tory annexed into the City (Sunset Pines, Discount Auto Part,
Spodak Medical Center) also be added to the Plan Amendment.
Recommend approval of Ordinance No. 84-93 on first reading, to
include the Sunset Pines, et al annexation. If passed public hearing
December 14th.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: Q~V~~R
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 7, 1993
ADOPTION OF PLAN AMENDMENT 93-2, FIRST READING
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance adopting Plan
Amendment 93-2, .
Remaining actions include a properly noticed public hearing
to be held on December 14th and final action,
B A C K G R 0 U N D:
Plan Amendment 93-2 proposes changes to three elements, fourteen
policies and related background data, It also contains two
amendments to the Future Land Use Map (FLUM) . Attached is the
Planning and Zoning Board's staff report (November 29th), which
provides further information about the Amendment. A copy of the
transmittal document (actual changes and support documents) is
available in the Planning Department office.
The City Commission forwarded the proposed Amendment to DCA, for
mandatory review, by action on June 22, 1993. The review
process has been completed and a report of Objections,
Recommendations, and Comments (ORC) has been returned to the
City. The ORC contains six objections, Three of those relate
to the FLUM amendments; one a minor wording concern; and two
deal with consistency with the TCRPC and State goals and
policies. These latter items are accommodated with an
acceptable response to the three FLUM related objections. The
objections and recommended responses are addressed in the
accompanying Planning and Zoning Board's staff report (November
29th) ,
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of November 29, 1993, By unanimous vote, the Board
recommended the following:
1- That the land use designations for the Blood's Grove
property be revised as shown in Figure OBJ-1,
"
,
City Commission Documentation
Adoption of Plan Amendment 93-2, First Reading
Page 2
2. That modifications be made to the description of
TRANSITIONAL LAND USES, Page III-G-39, to place a two acre
limitation on Neighborhood Commercial (NC) Zoning ,_ (See
Page 2 of the Response to ORC Report).
3, That the Future Land Use Element, Policy B-3,3(a), be
modified as recommended by DCA. (See Page 5 of the
Response to ORC Report),
4, That the territory (Sunset Pines, Discount Auto, Spodak
Medical), with FLUM designations, which was annexed in
November, be added to the Plan Amendment.
5. That, upon accommodation of the above, Plan Amendment 93-2
be approved (adopted).
R E COM MEN D E D ACT ION: .
By motion, approve this adoption ordinance on first reading,
with appropriate public hearings scheduled for December 14,
1993,
Attachment:
* P&Z Board's staff report & documentation of November 29,
1993
T:\Advanced\Adopt4
"
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: NOVEMBER 29, 1993
AGENDA ITEM: II.A. RESPONSE TO ORC REPORT 93-2
I T E M B E FOR E THE BOA R D:
The item before the Board is that of review to our Response
to the ORC Report for Plan Amendment 93-2. Associated with
this review are proposed modifications to Plan Amendment
93-2.
The action to be taken is in the form of a recommendation
to the City Commission.
B A C K G R 0 U N D: .
Plan Amendment 93-2 was heard by the Planning and Zoning Board
on June 14th. It was transmitted to DCA, by action of the City
Commission, on July 1st. The DCA Objections, Recommendations,
and Comments (ORC) Report was received on October 18th.
Plan Amendment 93-2 proposed changes to three elements, 14
policies, and related background data. It also contains two (2)
amendments to the Future Land Use Map (FLUM) . Please refer to
the Table of Contents for the Amendment (attached) for an
outline of the items which were considered.
The Board is to review the Response to ORC Report and the
related modifications to the Plan Amendment 93-2. The City
Commission will then consider the Board's recommendation when it
acts on the adoption ordinance. The ordinance will be before
the City Commission for first reading on December 7th; and,
second reading (adoption) on December 14th.
In addition to the above, it is appropriate to add the Sunset
Pines/Discount Auto Annexation to this amendment so that the
FLUM reflects the actual boundaries of the City.
A N A L Y S I S:
The ORC Report contains six (6) objections. Three (3) of those
relate to the FLUM amendments; one (1) a minor wording concern
in Land Use Element Policy B-3.3(a); and two (2) deal with
consistency with TCRPC and State goals and policies. These
latter items will be accommodated with an acceptable response to
the three FLUM related objections.
Attached is an analysis and recommended disposition for each of
the objections.
II.A.
"
Planning & Zoning Board Memorandum Staff Report
Response to ORC Report 93-2
Page 2
R E COM MEN D E D ACT ION:
By motion, accept the Response to ORC Report and reconuriend to
the City Commission that Plan Amendment 93-2 be modified as
described below"and then adopted.
1- Revise the land use designations for the Blood's Grove
property as shown in Figure OB3-1.
2, Modification of the description of TRANSITIONAL LAND USES,
Page III-G-39 to place a two acre limitation on
Neighborhood Commercial (NC) zoning. (See Page 2 of the
Response to ORC Report.)
3, Modification of Future Land Use Element Policy B-3,3(a) as
.
recommended by DCA. (See Page 5 of the Response to ORC
Report, )
4, Add the territory (Sunset Pines, Discount Auto, Spodak
Medical), with FLUM designations, which was annexed in
November.
Attachments:
* Table of Contents from Plan Amendment 93-2 Transmittal
* Response to ORC Report Objections with Attachments
* ORC Report .' --
/
\ ~)J U,OQl' A
'., ... .
Report prepared by D3K on 11-22-93':'<.:..
DJK/ORC-93-2.DOC
.,
TABLE OF CONTENTS
CITY OF DELRAY BEACH
COMPREHENSIVE PLAN AMENDMENT 93-2
PAGE
1 PUBLIC FACILITIES ELEMENT
1 Water Treatment Plant Capacity
2 Policy B-3,2 Financing Final Phase of WTP Expansion
3 Policy B-3.3 Consideration Prior to Expansion of WTP
4 FUTURE LAND USE ELEMENT
4 Objective B-3 Services Within the Planning Boundaries
4 Policy B-3,1 Standard for Provision of Services
5 Policy B-3,2 Provision of Facilities on Demand
5 Policy B-3,3 Coordination with County re Land Use
6 Policy B-3,4 Annexation Program
8 Policy C-4,7 Beautification and Use of Alleys
9 INTERGOVERNMENTAL COORDINATION ELEMENT
9 Palm Beach Countywide Planning Council
9 Plan Amendment Coordinated Review
10 Multi-Jurisdictional Planning and Coordination
11 Joint Land Use Review
11 Policy A-l,1 Plan Distribution Prior to Adoption
11 Policy A-I.2 Consistency with Adjacent Governments
12 Policy A-I.3 Mediation of Conflicts
13 Policy A-I.6 Continuing Application of Plan
Coordination
13 Policy A-I. 7 Adjacent Local Government Notification
14 Policy A-I. 9 Multi-jurisdictional Issues Forum
15 AMENDMENTS TO THE FUTURE LAND USE MAP
15 Taheri Land Use Amendment
15 Blood's Grove Land Use Amendment
SUPPORT DOCUMENTS
Appendix
1 Water Treatment Plant
2 Planning Area Jurisdiction
3 Beautification Program for CBD Alleys
4 Multi-jurisdictional Coordination
5 Taheri Land Use Amendment
6 Blood's Grove Land Use Amendment
.,
PLAN AMENDMENT 93-2
RESPONSE TO OBJECTIONS AND RECOMMENDATIONS
OF THE ORC REPORT
General:
Plan Amendment 93-2 was heard by the Planning and Zoning Board
on June 14th. It was transmitted to DCA, by action of the City
Commission, on July 1st. The DCA Objections, Recommendations,
and Comments (ORC) Report was received on October 18th.
Plan Amendment 93-2 proposed changes to three elements, 14
policies, and related background data. It also contains two (2)
amendments to the Future Land Use Map (FLUM) . The ORC Report
contains six (6 ) objections. Three (3) of those relate to the
FLUM amendments; one (1) a minor wording concern in Land Use
Element Policy B-3.3(a); and two (2) deal with consistency with
TCRPC and State goals and policies.
ORC OBJECTION '1:
The City's public facilities analysis does not adequately
describe the demand nor the cumulative impacts of the
Future Land Use Map amendments upon all public facilities.
DCA Recommendation: Provide data in prescribed format (sample
provided) . Limit the size of a neighborhood commercial center
within the text of the Comprehensive Plan or use commercial as
the basis for the traffic analysis.
Response: With respect to the public facilities impact upon the
land use change associated with Blood's Grove properties, the
following is provided:
* This i tern was initially identified as a change from Low
Density Residential to Community Facilities with a property
area of sixteen (16) acres. During the transmittal
hearing, the property owner clarified that the modification
was not that of changing categories of land use, but
rather, the relocation of land use designations.
* The totality of Blood's Grove contains land use
designations including approximately 25 acres of Community
Facilities and Open Space, and 35 acres of Low Density
Residential.
* A re-arrangement of land use is shown in Figure OBJ-l.
* The resulting land use allocations are the same; thus,
there is no change in the public facilities demands based
upon this land use reallocation.
.,
With respect to the public facilities impact upon the land use
change associated with the Taheri properties, a public
facilities analysis is provided in the prescribed format along
with a more detailed traffic study (Exhibits OBJ-A and OBJ-B).
The results show the following:
Traffic + 2,813 average daily trips
Sewer - 3,720 gallons per day
Water - 3,720 gallons per day
Solid Waste + 5,211 pounds per day
Recreation - 2.79 acres
The reductions in water consumption and sewage generation will
not adversely impact facilities.
The increase in solid waste is handled by a regional facility.
Since the marketability of the property as office will be demand
driven, the location of office at this site will be off-set by a
diminishing of office elsewhere (i,e. on the regional level, the
demand will be off-set). More specifically, in the past year,
the city has rezoned 18 acres of Planned Office (POC) to
Multi-family Residential (RM) . This offsets the theoretical
increase in solid waste demand by a significant degree. Since
the transitional land use accommodates either residential or
office, the impact of office on this service is not considered
as an adversity. With respect to the neighborhood commercial
component there is a reduction in solid waste generation.
While the traffic impact shows an increase in ADT, that increase
does not exceed the LOS for a six lane facility. Since the
current four lane facility does not meet LOS, no development
under the proposed plan amendment could occur until six laning
is accommodated. See the traffic report for a more detailed
analysis and rationale.
With respect to the recommendation dealing with a limitation on
the amount of acreage to be accommodated in a neighborhood
commercial center, language is proposed to include such a
limitation within the Future Land Use Element.
Modifications:
1. Revised land use designation re-allocation for Blood's
Grove as shown in Figure OBJ-1.
2. Change to the Future Land Use Element, Page III-G-39:
TRANSITIONAL LAND USES: This designation is applied to
land which is developed, or is to be developed, for either
residential or nonresidential uses. In some instances this
designation provides for a transition between less
intensive residential use and commercial uses. In other
instances, this designation allows the establishment of
uses which are compatible with adjacent residential use.
- 2 -
"
When Neighborhood Commercial Zoninq is placed within or
ad1acent to a residential area, such zoninq shall be
limited to two acres, or less, which is sufficient to
accommodate the needs of an immediate residential
neighborhood. While in others, it provides for uses which
are not as intensive as general commercial in areas where
residential use is not desirable and/or appropriate.
ORC OBJECTION #2:
Elimination of 51 acres of medium density housing and up to
612 dwelling units. Lack of analysis as to impact of this
loss upon meeting residential land use demands. Lack of
analysis with respect to impact of this diminishing upon
affordable housing and the City's ability to meet the
projected needs.
DCA Recommendation: Include an analysis to show that adequate
medium density land exists to meet projected housing needs.
Response: The amendment as initially drafted involved the
following:
* Blood's 16 acres from Low Density to Community Fac.
* Taheri 35 acres from Med Density to Transitional.
With the explanation given to Objection #1, there is no longer a
land use classification change on Blood's. The change on
Taheri's could involve 420 units,
As with many other urban municipalities, the population demand
is created by pressures greater than within the boundaries of
the municipality (i,e. the optimum land use balance extends over
more than one municipality) . During preparation of our
population forecasts and methodology, this situation was
discussed with and accepted by DCA. Thus, the Delray Beach
housing "demand" is based upon the urban in-fill approach (i.e.
achieving build-out with balanced land uses). Since the time of
preparation of the Comprehensive Plan (1989), the City has
up-dated its vacant land information. Provided is an excerpt
from our most recent Population Tracking System report. It
shows the potential for future residential development (minimum
acreage of five acres, does not include individual lot in-fill)
at approximately 5,800 units as compared to 3,650 in the adopted
Comprehensive Plan. Besides more accurate information, this
change has occurred in that a 36 acre school site was relocated
to a site which had a Transitional land use designation; thus,
creating 36 acres of housing potential. Another 18 acre parcel
designated as Transitional has been rezoned and is being
developed with 122 multiple family units. And, there appears to
have been an error in that the medium density land use
allocation for Taheri was not included in the initial "available
land" table (L-4, Future Land Use Element).
- 3 -
.,
'.
Given the above and the more current information provided in the
Population Tracking System Report, it is clear that there
remains sufficient land available to meet the population demands
as reflected in the adopted Comprehensive Plan.
Although the point in the objection about the opportunity to
provide affordable housing was not addressed in the DCA
recommended action, the Housing Element of our Comprehensive
Plan sets forth a very aggressive program and strategies for
meeting the affordable housing needs ~f Delray Beach. Besides
the construction of Auburn Trace (multiple family) and Allamanda
Gardens (single family detached) residential developments since
the adoption of our Comprehensive Plan, we have just witnessed
the award of State credits for The Groves of Delray, a 156 unit
multiple family project.
Modifications: None.
ORC OBJECTION 13:
Lack of data and analysis for the Taheri land use change.
Inconsistency with Future Land Use Objective A-l and
Policies A-l. 2, A-l. 3, A-l. 6 and Housing Element Policies
A-2.4 and C-2.4
DCA Recommendation: Include data and analysis to show the
amendment could accommodate projected needs; that the deletion
of medium density residential will not adversely impact the
City's ability to meet residential land use demands; and, that
consistency with cited policies exist.
Response: Please refer to Exhibi t OBJ-D prepared by Kilday &
Associates for the data and analysis which is requested. In
addition to that information, the change to the Transitional
Land Use description (response to Objection 11) provides further
compatibility between the neighborhood commercial center
potential and nearby residential land use.
Future Land Use Folicy A-1.6 states "To encourage redevelopment
of the City's Ce,ntral Business District, Future Land Use Map
amendments to Ccmmercial designations in outlying areas of the
City's Planning Area, shall not be accommodated". Technically,
this Policy does not have applicability since the referenced
Commercial designations would be "Commercial Core" and "General
Commercial" (Page III-G-40) neither of which are being proposed.
From a pragmatic ?erspective, the potential for neighborhood
commercial zoning, under the Transitional land use designation,
and limitations contained therein (specifically in allowable
uses) do not have any relationship to the CBD which is five
miles to the northeast.
- 4 -
.,
Housing Element Policies A-2.4 calls for the most restrictive
residential zoning designation areas shown as "stable
residential" on the Housing Map. That Map, Figure H-5, Housing
Element does not identify the Taheri property under the "stable
residential" designation. .
Housing Element Policy C-2.4 provides that development of vacant
land which is zoned for residential purposes shall be developed
in a manner consistent with adjacent development regardless of
zoning. This policy primarily deals with situations where
single family land use or low intensity multiple family use
exist in multiple family zoned areas. In such instances, the
policy allows the City to restrict the intensity of development
(as allowed by the zoning district) to that which is compatible
with adjacent properties. In the situation at-hand, the only
existing land use adjacent to the Taheri site is that of office.
The Del Air residential subdivision, to the south, is separated
by property owned by Blood's Grove and that property has a FLUM
designation of medium density residential.
Modifications: None.
ORC OBJECTION '4:
To Future Land Use Element Policy B-3.3(a) in that it
accommodates a self-amending future land use map (plan).
DCA Recommendation: Provide language similar to "Following any
annexation, the Comprehensive Plan will be amended to reflect
the change in the City's boundaries".
Response: Acceptance of the DCA recommendation.
Modification: Change Future Land Use Element Policy B-3.3(a) as
follows:
The City has petitioned Palm Beach County to make changes
to its Future Land Use Map (FLUM) in order for there to be
consistency between City and County FLUM designations
within the Delray Beach Planning and Service Area. Once
consistency is achieved, the City shall petition for an
inter local agreement wherein provisions shall be made that
the City's FLUM shall be in effect immediately upon
annexation of a specific parcel, Following any annexation,
the Future Land Use Map, and appropriate portions of the
Comprehensive Plan, shall be amended to reflect the change
in the City's boundaries.
ORC OBJECTION IS , 16:
The proposed amendments are not consistent with TCRPC
Policies and State Goals and Policies as follows:
- S -
"
TCRPC Goal 5.1.1 (Housing) Policies 5.1.1.1 & 5.1.1.3
TCRPC Goal 16.1. 2 (Land Use) Policies 16.1. 2.1, 16.1. 2.2,
and 16. 1. 2.3
State Goal (5) Housing: policy 3
State Goal (7) Land Use: Policy 7
DCA Recommendation: Revise the proposed amendment to be
consistent with the above.
Response: The cited State Goal (7) and related policy (7)
appears to have been misstated and should be Goal (16) Land Use
with the applicable policy being (3).
With acceptance of the new information and the modifications put
forth elsewhere in this report, consistency with the above goals
and policies is made.
ADDITIONAL ITEM, NOT PREVIOUSLY CONSIDERED IN THE TRANSMITTED
(PROPOSED) AMENDMENT 93-2:
I n November, eleven (11) acres of contiguous land was annexed
to the City. The annexation involved existing land use of
medium density residential, small scale commercial, and office.
Thus, there was no change in demand upon public facilities.
The boundaries of the City should be modified on the FLUM to
reflect this annexation. The assigned land use designations for
all of the territory is Transitional.
Attached is the Planning and Zoning Staff Report which provides
a complete analysis of the annexation. The annexation was
reviewed and endorsed by Palm Beach County.
Modification: Modify the municipal boundaries on the FLUM to
include the annexed property with the land use designation of
Transitional.
Attachments:
* Figure OBJ-l (Re-allocation of Blood's Grove Land Use)
* Exhibit OBJ-A (Public Facilities Analysis)
* Exhibi t OBJ-B (Traf"fic Study, Taheri)
* Exhibit OBJ-C Pages B-ll & B-12, Pop Tracking Sys Rpt
* Exhibit OBJ-D Kilday & Associates Response of November 19
* Exhibit OBJ-E P&Z Staff Report for Sunset Pines Annexation
DJ1K/ORC-OBJ1.DOC
- 6 -
"
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LAND USE OISTRIBU110N:
CF r'RE STATION) 1 ACRES OS 4 ACRES
CF SCHOOL) 10 ACRES LOW DENSI1Y RESIDENTIAL 35 ACRES
CF NEW PARK) 6 ACRES MEDIUM DENSITY RESIDENTIAL 35 ACRES
CF OTHER) 4 ACRES COMMERCIAL CORE 10 ACRES
"
SANITARY SEWER FLOW
Existing Land Use Designation: Medium Density (maximum density 12
units per acre).
35.43 acres X 12 = 425 units
425 units X 2.191 = 931 persons
931 persons X 1002 gpdc = 93,100 gallons per day
Proposed Land Use Designation: The proposed Transitional land use
designation is consistent with zoning designations which allow residential
development from Single Family to Medium Density, Office and Neighborhood
Commercial. The maximum intensity potential would result from 2 acres
Neighborhood Commercial and 33.43 acres of Office development. The
following is the projected flows;
Neighborhood Commercials
43,560 X 2 = 87,120 sq,ft. total land area
87,120 X .25 FAR = 21,780 sq,ft. buildable sq,ft.
21,780 / 10,8903 X 1,000 = 2,000 gallons per day
Office Development:
43,560 X 33.43 = 1,456,211 sq,ft. land area
1,456,211 X .30 (FAR) = 436,863 sq. ft. buildable sq.ft,
436,863 / 100 = 4,369 employees3
4,369 employees X 20 gallons per person per day = 87,380
gallons per day
.
Total USAge:
87,380 (Office) + 2,000 (Conunercial) = 89,380 gallons per day
1 Persons Per Occupied Housing Unit Average = Total Population ~ Estimated
Occupied Housing Units
2 Palm Beach County Public Health Unit Division of Environmental Science and
Engineering Standard Wastewater Flows for Residential Use (100 gallons per
day per capita).
3 Hazel & Sawyers, Professional Consultants, Wastewater Flow Projection School
Site "S" Area, Technical memo of November 3, 1993.
. Commercial - 1,000 gallons per acre or 1,000 gallons per 10,890 sq,ft.
buildable area (43,S60 / .25 (FAR) - 10,890)
. Office - 20 gallons per person per day (1 person per 1001 of office)
EXHIBIT OOJ-A
RJBLIC DClllTIES ANALYSIS
'1
WATER (POTABLE)
.
Existing Land Use Designation: Medium Density (maximum density 12
uni ts per acre).
35.43 acres X 12 = 425 units
425 units X 2.191 = 931 persons
931 persons X 1002 gpdc = 93,100 gallons per day
Proposed Land Use Designation: The proposed Transitional land use
designation is consistent with zoning designations which allow
residential development from Single Family to Medium Density, Office
and Neighborhood Commercial uses. The maximum intensity potential
would result from 2 acres Neighborhood Commercial and 33.43 acres of
office development. The following is the projected flows;
Neighborhood Commercial:
43,560 X 2 = 87,120 sq.ft. total land area
87,120 X .25 FAR = 21,780 sq,ft. buildable sq. ft.
21,780 / 10,8903 X 1,000 = 2,000 gallons per day
Office Development:
43,560 X 33.43 = 1,456,211 sq. ft. land area
1,456,211 X .30 (FAR) = 463,863 sq. ft. buildable sq. ft.
463,863 / 100 = 3,640 employees3
4,369 employees X 20 gallons per person per day = 87,380
gallons per day
Total usage:
87,380 (Office) + 2,000 (Commercial) = 89,380 gallons per day
1 Persons Per Occupied Housing Unit Average = Total Population ,. Estimated
Occupied Housing units
2 Palm Beach County Public Health Unit Division of Environmental Science and
Engineering Standard Potable Water Flows for Residential Use (100 gallons
per day per capita),
3 Hazel & Sawyers, Professional Consultants, Potable water Flow Projection
School Site "S" Area, Technical memo of November 3, 1993.
. Commercial - 1,000 gallons per acre - 1,000 gallons per lO,890 sq,ft.
(43,560 1.25 (FAR) - 10,890)
. Office - 20 gallons per person per day (1 person per 100' of office)
"
SOLID WASTE
Existing Land Use Designation: Medium Density (maximum density 12
uni ts per acre).
35.43 acres X 12 = 425 units
425 units X 4.381 1bs. per unit per day = 1,861 1bs. per day
Proposed Land Use Designation: The proposed Transitional land use
designation is consistent with zoning designations which allow residential
development from Single Family to Medium Density, Office and Neighborhood
Commercial. The maximum intensity potential would result from 2 acres
Neighborhood Commercial and 33.43 acres of office development. The
following is the projected flows;
Neighborhood Commercial:
43,560 X 2 = 87,120 sq.ft. total land area
87,120 X .25 FAR = 21,780 sq. ft. buildable sq. ft.
21,780 X 10.22 = 222,156 lbs. per year / 365 = 609 lbs. per day
Office Development:
43,560 X 33.43 = 1,456,211 sq. ft. land area
1,456,211 X .30 (FAR) = 436,863 sq. ft. buildable sq. ft.
436,863 X 5.42 lbs, = 2,359,060 lbs. per year / 365 = 6,463 lbs.
per day
Total Volume:
6,463 + 609 = 7,072 Ibs. per day
1 Solid Waste Authority, Technical Memo of August 3, 1993, (Waste Generation
Rate Volumes in tbs. per unit per year) - Multi-Family .8 tons per unit per
year or 4.38 lbs, per unit per day.
2 Solid Waste Authority, Technical Memo of August 3, 1993, (Waste Generation
Rate Volumes in lbs. per sq.ft, per year)
.,
RECREATION AREA
Existing Land Use Designation: Medium Density (maximum density 12
uni ts per acre).
35.43 acres X 12 = 425 units
425 units X 2,191 = 931 persons
931 persons / 1,000 X 32 acres = 2.793 acres
Proposed Land Use Designation: The proposed Transitional land use
designation is consistent with zoning designations which allow residential
development from Single Family to Medium Density, Office and Neighborhood
Commercial uses. The maximum intensity potential would result from 2 acres
Neighborhood Commercial and 33.43 acres of office development. The
following is the projected flows;
Neighborhood Commercial:
2 acres = N/A
Office Development:
33.43 acres = N/A
1 Persons Per Occupied Housing Unit Average = Total Population 'to Estimated Occupied
Housing Units
2 Established Level-of-Service in the Open Space & Recreation Element of the City' 8
Comprehensive Plan
"
TRAFFIC GENERATION
Existing Land Use Designation: Medium Density (maximum density 12
uni ts per acre).
35.43 acres X 12 = 425 units
425 units 7 TPD1 = 2,975 TPD
Proposed Land UBe Designation: The maximum intensity potential would
result from 2 acres Neighborhood Commercial and 33.43 acres of office
development. The following is the projected flows;
Neighborhood Commercial:
43,560 X 2 = 87,120 sq.ft. (site area)
87,120 X .25 FAR = 21,780 sq,ft. buildable area
LN(T)2 = 0.625 LN (X) + 5.985
T = Total Daily Trips
X = Area in 1,000 Gross Sq. Ft.
LN(T) = .625 LN (21.78) + 5,985
T = 2,726 trips
- 1,216 trips (44.61% passer by rate3)
T = Net = 1,510 trips
Office (General):
43,560 X 33.43 = 1,456,211 (site area)
1,456,211 X .30 (FAR) = 436,863 sq. ft. buildable sq,ft.
LN(T). = 0.756 LN (X) + 3.765
T = Total Daily Trips
X = Area in 1,000 Gross Sq. Ft.
LN(T) = .756 LN (436.863) + 3.765
T = 4,278 TPD
Total Traffic:
1,510 + 4,278 = 5,788 trips
1 Multi-Family Rates, I.T.E. Trip Generation Manual 5th Edition
2 General commercial Rates, I.T.E. Trip Generation Manual 5th Edition
3 Passerby Rate, Contained in Palm Beach County Traffic Performance Standards
4 I,T.E. Trip Generation Manual 5th Edition
"
PROJECTED DEMAND COMPARISON
IMPACT MEDIUM DENSITY TRANSITIONAL CUMULATIVE
Traffic Circulation 2,975 trips 5,788 trips + 2,813 trips
Sanitary Sewer 93,100 gpdc 89,380 gpdc - 3,720 gpdc
Potable Water 93,100 gpdc 89,380 gpdc - 3,720 gpdc
Solid Waste 1,861 lbs. 7,072 Ibs. + 5,211 lbs.
per day per day per day
Recreation 2.79 acres 0 - 2.79 acres
With respect to traffic it is noted that development of the property under either the
Medium Density or Transitional land use designation will require widening of Military
Trail from 4 to 6 lanes. The change to Transitional will not require additional widening
above 6 lanes.
...
T: SEWER
"
,
SIMMONS & WHITE, INC.
Engineers · Planners · Consultants
November 10, 1993
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Attention: David Kovacs
Planning Director
Re: Taheri Property
Amendment 93-2
Dear Mr. Kovacs:
As per your request, the purpose of this letter is to determine
the maximum anticipated increase in the total traffic volume
which will be on each roadway link within the site radius of
development influence for the Interim Transportation Plan due to
a requested land use designation change within the City of Delray
Beach from Medium Density (MD) to Transitional. The above-
referenced proj ec t is located approximately 1500 feet south of
Linton Blvd. on the east side of Military Trail and contains
35.43 acres.
The property is currently designated as Medium Density, 12 units
per acre (MD) within the City of Delray Beach. The property
owner is requesting a change in the parcel's designation to
Transitional. An 80-foot right of way running from Military
Trail to the east will also be incorporated into the development.
It is planned to extend this roadway in the future to the east
and to the north and tie to Linton Blvd., thus creating a loop
road. The loop road will not only serve the 35 acre subject
parcel, but also the extensive Blood's Grove properties to the
east. The Blood's Grove development scheme includes 10 acres
designated for commercial core, 20 acres for resort, 35 acres for
up to 12 residential units per acre, 35 acres for up to 5
residential units per acre and a 2 acre fire station site.
TRAFFIC GENERATION
The increase in daily traffic generation due to the requested
change in the parcel's land use designation may be determined by
taking the difference between the total traffic generated for the
most intensive land use under the MD and Transitional
designations:
EiliIBIT ffiJ-B - - ~ "7:\
1RAFFIC STUDY! TAHERI ,.' ,.: ~ _ i ! J
'<.J
j~O\: 15 i~~3
4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415
Telephone (407) 965-9144 - .0. \ ~ ~. ! . ~\ ~ ~ ~ 7 ;-, ~"J ~ ~~ G
r _r".. ..I II; I ~ ": ~ --:., __. .1
"
Mr. David Kovacs
November 10, 1993 - Page Two
MD:
The existing MD land use designation allows a development
intensity of 12 dwelling units per acre. Based on a project area
of 35.43 acres and a trip generation rate of 7 trips per day per
dwelling unit, the traffic generation for the property under the
MD designation is 2975 trips per day as follows:
35.43 acres x 12 D.U.s = 425 D.U.s
425 D.U.s x 7 tpd
D.U. = 2975 tpd
TRANSITIONAL:
The Transitional land use designation within the City of Delray
Beach allows a number of different development scenarios. A
maximum of 2 acres of neighborhood commercial development is
permitted. Assuming the remaining 33.43 acres will be developed
as general/professional offices will allow for the analysis to be
based on the maximum development potential allowed under the
Transitional designation.
Based on a maximum building coverage of 25 percent, and the
accepted traffic generation and passer-by rates for general
commercial development, the maximum traffic generation for 2
acres of neighborhood commercial development is 1510 tpd
calculated as follows:
2 Acres x 43.560 S.F. x .25 = 21,780 S.F.
Acre
Ln (T) = 0.625 Ln (X) + 5.985
T = Total Daily Trips
X = Area in 1000 Gross S.F.
Ln (T) = .625 Ln (21.78) + 5.985
T = 2726 tpd
Pass-Bv% = 45.1 - .0225 (X)
= 45.1 - .0225 (21.78)
= 44.61
NET T = 2726 -2726 (.4461 )
= 1510 tpd
"
Mr. David Kovacs
November 10, 1993 - Page Three
Based on a more conservative maximum building coverage of 30
percent and the accepted generation rates for
general/professional office development, the 33.43 acre balance
of the property developed as general/professional office will
generate 4278 tpd as follows:
33.43 Acres x 43.560 S.F.
Acre x .30 = 436,863 S.F.
Ln (T) = 0.756 Ln (436.863) + 3.765
T = 4278 tpd
The maximum increase in daily traffic generation due to the
requested change in the parcel's land use designation is 2813 tpd
calculated as follows:
1510 + 4278 tpd - 2975 tpd = 2813 tpd
Based on Table l-L-l, for a net trip generation of 2813 tpd, the
radius of development influence for determining significant
impact shall be one mile.
TRAFFIC ASSIGNMENT/DISTRIBUTION
The net increase in traffic has been assigned to the links with
the project's radius of development influence for the Year 2010,
the Year 1998 (5-years from present) and the current condition
and can be seen in Figures 1, 2 and 3, respectively. The
distribution shown is based on the current and projected roadway
geometry, a review of historical travel patterns for the area,
and anticipated travel patterns associated with probable land
uses under the Transitional designation, and is generally
represented as follows:
North 307-
East 287-
South 277-
West 157-
The projected traffic volumes on the Year 2010 roadway network
were available from the Palm Beach County Engineering Traffic
Division and are shown in Figure 1. The Year 1998 projected
traffic volumes are based on counts available from the
Metropolitan Planning Organization of Palm Beach County 1992
Annual Traffic Volume Map adjusted for historical growth
allowances furnished by Palm Beach County Engineering Traffic
Division and can be seen in Figure 2. Figure 3 represents the
current (1992) roadway network and traffic volumes. The sum of
the distributed project traffic with the projected 2010, 1998 and
1992 traffic volumes can be seen in Figures 1, 2 and 3,
respectively.
"
,
Mr. David Kovacs
November 10, 1993 - Page Four
PEAK HOUR TURNING MOVEMENTS
The total peak hour turning movements for the 35.43 acre project
under the Transitional land use designation have been determined
in order to assess the improvements necessary to accommodate such
traffic movements. The A.M. and P.M. peak hour factors and
directional distributions are summarized as follows:
LAND USE PEAK HOUR TRIP DIRECTIONAL SPLIT
GENERATION RATE IN OUT
'l. Trips 'l. Trips
Neighborhood
Commercial A.M. 0.589 Ln (X) + 2.378 63'l. 42 37'l. 24
P.M. 0.637 Ln (X) + 3.553 50'l. 124 50'l. 125
Office A.M. 0.777 Ln (X) + 1.674 89'l. 535 11'l. 66
P.M. 0.737 Ln (X) + 1.831 17X 94 837- 457
TOTAL
A.M. 577 90
P.M. 218 582
PEAK HOUR TURNING MOVEMENTS
The project is assumed to be accessed from the loop road with no
direct connection to Military Trail. Based on the peak hour
turning movements shown in Figure 4 and the Palm Beach County
engineering guideline used in determining the need for turn lanes
of 30 left turns or 75 right turns in the peak hour, the
following turn lanes appear warranted assuming maximum
development intensity:
1. Left turn lane, north approach on Military Trail at the
loop road.
2. Right turn lane~ south approac h on Military Trail at
the loop road.
"
Mr. David Kovacs
November 10, 1993 - Page Five
CONCLUSION
As the total anticipated Year 2010 traffic volumes and Level of
Service Standards shown in Figure 1 reveal, this proposed future
land use plan designation modification will not result in an
increase in density or intensity of development significantly
impacting any roadway segment that is not projected to be
operating at the adopted Level of Service on the Year 2010
Transportation System Plan and is therefore in accordance with
Policy 1-L of the Traffic Circulation Element.
If you have any questions concerning the enclosed, please call.
Sincerely,
INC.
----
RFR/jp
93-29B
cc: Mr. Kerry Kilday (Kilday & Associates)
Dr. Taheri
.,
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APPENDIX "A"
FACILITY TYPE LOS
STANDARD
2 lanes undivided 13,700
2 lanes one-way 16,900
3 lanes one-way 25,600
4 lanes divided 30,200
6 lanes divided 46,300
8 lanes divided 60,000
4 lanes expressway 73,800
6 lanes expressway 110,700
8 lanes expressway 147,600
10 lanes expressway 184,500
'.
APPENDIX "B"
TABLE 1-L-1
SIGNIFICANT IMPACT
Net Trip
Generation Distance
---------------------- ---------------------
1 - 50 No significant impact
51 - 1,000 Only address directly
accessed link on first
accessed major thorough-
fare
1,001 - 4,000 One (1) mile *
4,001 - 8,000 Two (2) miles *
8,001 - 12,000 Three (3) miles *
12,001 - 20,000 Four (4) miles *
20,001 - Up Five (5) miles *
* A project has significant traffic only where
net trips are greater than three percent (3Y.)
of the level of service "0" capacity on an
AADT basis of the link affected up to the
limits set forth in this table. The laneage
shall be shown on the adopted Transportation
Plan (currently 2010).
"
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.,
POTENTIAL RESIDENTIAL UNITS STUDY
JULY 1993
CURRENT POTENTIAL
I ID' I DESIGNATION I ZONING f ACRES I UNITS I
101 LOW DENSITY RlAA 10,00 50,0
103 LOW DENSITY PRO 10.00 50,0
110 LOW DENSITY CNTY 20,32 101.6
124 LOW DENSITY SAD 31. 08 155.4
128 LOW DENSITY RIA 9.99 50.0
------ -------
TOTAL FOR DESIGNATION....."........... 81.39.,... 407.0
104. MEDIUM DENSITY CNTY 4.94 59.3
105 MEDIUM DENSITY CNTY 6.47 77.6
107 MEDIUM DENSITY CNTY 14,23 170,8
116 MEDIUM DENSITY RM 20.18 242,2
117 MEDIUM DENSITY RR 14,79 177.5
118 MEDIUM DENSITY CF 36,80 441.6
143 MEDIUM DENSITY CNTY 33.97 407.6
------ -------
TOTAL FOR DESIGNATION.................. 131.38 ..... 1,576,6
125 MIXED USE SAD 10,54 126.5
142 MIXED USE CNTY 103,30 680.0
------ -------
TOTAL FOR DESIGNATION...",.,.......... 113,84 ..... 806.5
102 RURAL RESIDENTIAL CNTY 107,01 535.1
------ -------
TOTAL FOR DESIGNATION.,...",.,..,..,.. 107,01.,... 535.1
106 TRANSITIONAL CNTY 8.38 100.6
111 TRANSITIONAL CNTY 8,32 99.8
113 TRANSITIONAL CNTY 17. 56 210.7
114 TRANSITIONAL A 6,21 74.5
122 TRANSITIONAL RM-8 18.56 148.5
123 TRANSITIONAL POC 7,15 85,8
127 TRANSITIONAL RM 6.12 73,4
139 TRANSITIONAL POC 18,83 262,0
146 TRANSITIONAL CNTY 52,18 626,2
147 TRANSITIONAL POC 10.00 120,0
------ -------
TOTAL FOR DESIGNATION......,.,......... 153,31 ..... 1,801.5
150 PREVIOUS APPROVAL PRO 0,00 123,0
151 PREVIOUS APPROVAL PRO 0,00 114,0
152 PREVIOUS APPROVAL SAD 0,00 292,0
153 PREVIOUS APPROVAL RM 0.00 156,0
------ -------
TOTAL FOR DESIGNATION, ".",.,..,.."., 0,00,.,.. 685.0
------ =======
------
GRAND TOTAL,...,.,..................... 586,93.....5,811.7
EXHIBIT OOJ-.{;
EXCERPT FID1 RRllATI~ 8-11
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l-3I CANAL 0(
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- AGGREGATE PARCELS OF" lAND. WHICH ARE VN;.A.NT OR
UNDERDEVELOPED. 04.5 ACRES OR GREATER IN SIZE, AND
HAVE A F.LU.M. DESIGNATION OF" LOW DENSITY, MEDtUIoI
DENSITY, TRANSITIONAl, t.4IXEO USE, OR RURAL RESIDDmAL
CITY OF OE1.RAY BEACH, Fl
PlANNING DEPARTMENT LEGEND: CITY UMIT'S --- I WllE I
D NUU8tR: e Pl.ANN1NC~~EXAlION - - - I
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,
Kilday & Aaaoctatea t\!.;~~'l'
Landscape Architectsl Planners
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Suite 100A
West Palm Beach, Florida 33401 ~~ <l \Gq')
(407) 689-5522 · Fax: (4071 689-2592
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November 19, 1993 ~
Mr. David J. Kovacs
Director of Planning and zoning
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
RE: ORC Response - Plan Amendment 93-2
Dear Mr. Kovacs,
As requested, this letter shall serve as a response to your letter
dated November 11, 1993 regarding a proposed response to the
Department of the Community Affairs (DCA) ORC report as it relates
to the Taheri land use plan amendment.
Your letter requested that we provide a response to four (4) issues
pertaining to the proposed land use amendment. They are as
follows:
1. Need for additional Transitional Land Use designation:
Our office has conducted a comparison between the existing
land use designation of Medium Density Residential (MDR) and
the proposed Transitional land use designation, and the
potential uses associated with the proposed Transitional land
use category which are not permitted in the current adopted
land use plan designation. As you know, the Transitional land
use designation permits a range of uses and intensity of uses,
from purely residential to limited neighborhood commercial and
office. Therefore, we have compared the existing MDR to the
proposed Transitional land use category assuming each of the
following scenarios.
A. MDR Residential to Transitional Residential:
Each category permits a range of residential density of
five (5) dwelling units per acre to twelve (12) dwelling
units per acre (5-12 du/ac.). Thus, there is no change
in permitted density from the existing to the proposed,
and therefore, development potential between the two land
use designations, if developed entirely residential,
remains the same.
Eillrnrr ffiJ-D
KlillW & ~ RESroIDE
"
Mr. David Kovacs
November 19, 1993
Page 2
B. MDR Residential to Transitional Residential/ Neighborhood
Commercial.
The Transitional land use category permits up to two (2)
acres to be developed commercially to provide
neighborhood commercial services of a convenience nature.
Obviously, the intent of this provision was to provide
residents living within the residential component of the
community to have neighborhood convenience type services
located within a close proximity to their homes. It is
common practice within Planned Unit Developments to
provide a component of commercial to service the needs of
the local residents. In addition, it has been a
longstanding practice of Planners to encourage mixed use
developments such that services can be provided within
the community. The point being to limit the need for
residents to leave the community via adjacent roadways to
obtain needed commercial services. It is our opinion,
therefore, that the commercial component provides
services to local residents only (as it is currently
limited to two (2) acres).
C. MDR to Transitional - Entirely Office:
In order to accurately respond to the need for additional
Transitional Land Use as it relates to a commercial
planned office development, we first must do some
calculations pertaining to the projected population for
the City of Delray Beach, and the availability of
residential units to service the needs of the projected
population. To this end, our office has conducted a
study of the population (existing and projected) for the
City of Delray Beach (see attached EXHIBIT A). This
study was based on a Population Study (attached) prepared
by the Palm Beach County Planning Division conducted for
the County's Urban Form Study and was broken down by
Traffic Analysis Zones' (TAZs) (see attached EXHIBIT C).
As this study indicates, the population projections are
as follows:
1980 Population: 43,369
1990 Population: 56,361
1993 Population: 59,110
1995 Projected Population: 61,582
2000 Projected Population: 65,874
As the projections indicate, the projected population
increase for the City between the years 1993 and 2000 is
6,764 persons.
.,
Mr. David Kovacs
November 19, 1993
Page 3
The City of Delray Beach conducted a Potential
Residential units Study (see attached EXHIBIT B) dated
July 1993. This study projected the potential units that
could be accommodated on vacant parcels located within
the City of Delray Beach municipal limits. The
projections were based on parcel acreage and land use
plan designation potential. As the study indicates, the
City projects these potential units to be 5,811.7.
Pursuant to the analysis contained in the Housing Element
of the City of Delray Beach Comprehensive Plan, an
average occupancy of 2.5 persons per unit is forecasted
for remaining units. Given this, the projected
residential population for the vacant uncommitted
property within Delray Beach is 14,529 persons. Given a
projected population increase of only 6,764 persons by
the year 2000, there is more than enough residentially
designated parcels within the City to accommodate the
projected population in the year 2000.
Assuming a future development scenario of entirely
office, it is our opinion that this parcel would be well
suited to provide health care related office space in
that the general area around the Taheri property has a
large percentage of health care related services and
facilities. These facilities include the Fair Oaks
Hospital, Delray Community Hospital, and Delray Medical
Center Condominium. Immediately to the west of the
Taheri is the Lynn Cancer Research Center and immediately
north of the subject parcel is a Professional office
center that supports the nearby hospital. In addition,
north of the professional office center is the South
County Mental Health Center.
In addition, the Professional/Medical Offices mentioned
above have low vacancy rates. The success of the existing
office space is due to their proximity to the surrounding
medical hospitals. Therefore, this parcel is ideally
located for providing additional Professional/Medical
space, should this be the direction for future
development given market considerations in that the
Linton/Military corridor represents a conglomeration of
health care related industries.
II. Compatibility of the proposed land use with adjacent uses:
The property owner is requesting a land use amendment to allow a
proposed Transitional Land Use designation. This designation is
.,
Mr. David Kovacs
November 19, 1993
Page 4
compatible with adjacent uses and is appropriate for this parcel
for the following reasons:
1. The City's Comprehensive Plan/Land Use Element states
that the Transitional Land Use designation is applied to
land for either residential or non-residential uses.
Further, it states that this designation, in some
instances, provides for a transition between less
intensive residential uses and commercial uses. It
further states that this designation provides for uses
which are not as intensive as general commercial in areas
where residential use is not desirable and/or
appropriate. A Transitional Land Use designation allows
"Residential development at a density between five (5)
and twelve (12) units per acre, mobile home parks and
apartment development in addition to condominiums,
Continuing Care Facilities, A.C.L.F., and various types
of group homes." "Non-residential development at in
intensity equivalent to that associated with medium
density residential land use is also appropriate."
2. A Transitional Land Use designation is compatible because
of the existing concentration of General Commercial,
Hospital, and medical related office parcels located at
the Linton Boulevard and Military Trail intersection and
surrounding area. These parcels include the Delray Town
Center Shopping Center, Palm Court Plaza Shopping Center,
Boca Ray Plaza Shopping Center, Wal Mart Shopping Center
(located across the street from this parcel), Fair Oaks
Hospital, Delray Community Hospital, and Delray Medical
Center Condominium. Immediately to the west is the Lynn
Cancer Research Center and immediately north of the
subject parcel is Professional office center that
supports the nearby hospital. In addition, north of the
professional office center is the South County Mental
Health Center.
The Transitional category allows for the ability to
develop in three potential ways (as mentioned above).
The residential density (5-12 du/ac.) ensures a fairly
dense residential development which would make a good
buffer between the commercial and office uses to the
north and the single family residential development to
the south (DelAir). The purely office scenario would
allow for a health care related service in that the area
has a high concentration of health care related
facilities. The residential/limited neighborhood
commercial scenario would be a combination of either
aforementioned development scenario.
"
Mr. David Kovacs
November 19, 1993
Page 5
III. The proposed Land Use is consistent with the following
specific Comprehensive plan policies:
A. Objective A-I of the Future Land Use Element states:
"Vacant property shall be developed in a manner so that
the future use and intensity is appropriate in terms of
soil, topographic, and other applicable physical
considerations, is complementary to adjacent land uses,
and fulfills remaining land use needs."
1. Policy A-1.1 states:
"The description of land uses as contained in Part
5, Pages III-G-39 to III-G-46 is hereby adopted and
establishes the intensity of use for each future
land use category and compatible zoning district
designation."
As previously stated under Consistency with
adjacent land uses, the proposed transitional Land
Use designation is consistent with this policy
because a Transitional Land Use "provides for a
transition between less intensive residential use
and commercial use." This parcel is located in an
appropriate Transitional location with an existing
Commercial node adjacent to the north and existing
low density/residential to the south along Military
Trail.
2. Policy A-1.3 states:
"Additional strip commercial zoning on vacant land
shall be avoided. This policy shall not preclude
rezonings on land that at the time of rezoning has
improvements on it. Where existing strip
commercial uses or zoning exist along arterial
streets, consideration should be given to
increasing the depth of the commercial zoning in
order to provide for better project design."
The parcel subjected to this transitional land use
designation is not appropriate for strip commercial
uses or zoning due to it's substantial depth off of
a major arterial. Therefore, the proposed land use
designation is consistent with this policy.
.,
Mr. David Kovacs
November 19, 1993
Page 6
B. Objective A-3 of the Capital Improvement Element states:
"The City of Delray Beach shall establish programs and
procedures which require the provision of needed and
desired improvements, as identified in other elements,
and which shall manage the land development process so
that needs created by future development will not exceed
the ability of the City to meet them. Such programs and
procedures shall, at a minimum, include the following
policies and activities."
1. Policy A-3.6 states:
"Wherever the term "concurrent" is used in this
Element and other elements of the Plan it shall
mean that the public facility shall be provided
under any of the following conditions:
a) the improvement is in place prior to the
issuance of an occupancy permit;
b) the improvement is bonded for as a part
of the subdivision improvement agreement
or similar instrument and there is a
schedule of completion in the bonding
agreement;
c) the improvement is a part of a
governmental capital improvement budget,
it has been designated, and a contract
for installation has been solicited.
The proposed land use amendment will be consistent
with this policy because the subject parcel must
take into account that public services and
facilities necessary to accommodate future growth
are provided concurrent with the needs of such
developments.
IV. Traffic generation and impact data for the maximum intensity
under the Transitional Land Use designation as compared to
residential development at twelve (12) dwelling units per
acre:
Please refer to the Traffic statements prepared by Simmons &
White, Inc. dated November 10, 1993, submitted directly to
your attention.
"
Mr. David Kovacs
November 19, 1993
Page 7
We will be forwarding additional information to your attention next
week. Should you need any additional information, please do not
hesitate to call.
Sincerely, /
~'Z::'Ud6
..... C?Lak ,~.f' /I - I
Lindsey alter
Iw/delray.n19
cc: Dr. Taheri
'.
,
DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMJ\IENDA TIONS AND COMMENTS
FOR THE
CITY OF DELRA Y BEACH
Amendment 93-2
October 18 1993
Division of Resource Planning and Management
Bureau of Local Planning
This report is prepared pursuant to Rule 9J-11.010
.,
INTRODUCTION
The following objections, recommendations and comments
are based upon the Department's review of the City of Delray
Beach proposed amendment to their comprehensive plan pursuant to
s.163.3l84, F.S.
Objections relate to specific requirements of relevant
portions of Chapter 9J-5, Florida Administrative Code, and
Chapter 163, Part II, F.S. Each objection includes a recommend-
ation of one approach that might be taken to address the cited
objection. Other approaches may be more suitable in specific
situations. Some of these objections may have initially been
raised by one of the other external review agencies. If there is
a difference between the Department's objection and the external
agency advisory objection or comment, the Department's objection
would take precedence.
Each of these objections must be addressed by the local
government and corrected when the amendment is resubmitted for
our compliance review. Objections which are not addressed may
result in a determination that the amendment is not in compli-
ance. The Department may have raised an objection regarding
missing data and analysis items which the local government
considers not applicable to its amendment. If that is the case,
a statement justifying its non-applicability pursuant to Rule 9J-
5.002(2), F.A.C., must be submitted. The Department will make a
determination on the non-applicability of the requirement, and if
the justification is sufficient, the objection will be considered
addressed.
The comments which follow the objections and recommendations
section are advisory in nature. Comments will not form bases of
a determination of non-compliance. They are included to call
attention to items raised by our reviewers. The comments can be
substantive, concerning planning principles, methodology or
logic, as well as editorial in nature dealing with grammar,
organization, mapping, and reader comprehension.
Appended to the back of the Department's report are the
comment letters from the other state review agencies and other
agencies, organizations and individuals. These comments are
advisory to the Department and may not form bases of Departmental
objections unless they appear under the "Objections" heading in
this report.
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OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT
City of Delray Beach
Amendment 93-2
Objections for Blood's Grove and Taheri Property
1, The City's public facilities analysis does not adequately
describe the demand nor the cumulative impacts of the Future Land
Use Map amendments upon all public facilities. Rules 9J-
5.006(2) (a); 9J-5.004(a); and 9J-5.006(3) (b)l., F.A.C.
Recommendation
Revise the public facilities analysis to quantify the demand for
all public facilities and services. The analysis should include
permitted capacity, existing demand, projected demand (based on
maximum use permitted) and residual capacity. Permitted capacity
should include the design capacity of the facility. Existing
demand should be based upon the demands currently being placed
upon the facility based upon the most recent available data,
Projected demand should be based upon the demand for public
facilities that would potentially be generated if the subject
parcels were developed to the maximum potential allowed under
their respective proposed designations, Residual capacity should
represent the reduction in capacity from existing capacity for
each amendment. An example public facilities analysis is
attached.
For the Taheri Property, although the supporting documentation
indicates that the Medium Density Residential and Transitional
land use designation, have essentially the same impact upon the
provision of services, this is not supported by data and analysis
which shows the projected impacts for each land use designation,
All amendments, must provide an analysis of impacts to public
facilities. The impact could either represent an increase or
decrease in demand,
The supporting documentation also identifies that there is a
level of service deficiency for traffic circulation on Military
Trail. The analysis should quantify the impact that the proposed
amendments will have on the existing capacity of Military Trail,
Additionally, the supporting documentation states that, through
zoning, commercial "neighborhood centers" are limited to four
acres; however, this requirement is not supported by the
definition of Transitional land uses established by Policy A-l.1
of the Future Land Use Element. The definition for
Transitional land uses states that in some cases residential uses
may not be appropriate in Transitional areas and that commercial
uses would be allowed provided they are not as intensive as
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general commercial. Therefore, the analysis should not be
limited to only four acres of neighborhood center unless the
Transitional land use category specifically limits commercial
development to four acres or provides criteria to determine when
residential uses are not appropriate in the Transitional areas.
Additionally, the Transitional land use category should include
the maximum intensity of the commercial development permitted.
2. The land use amendments, as proposed, could potentially
eliminate up to 51 acres of land designated as medium density
residential and up to 612 dwelling units; however, the amendment
does not include an analysis that the elimination of these units
will not adversely effect the city's ability to provide adequate
residential land for it's anticipated populations. The amendment
does not include an analysis that also considers the impacts on
the amount of affordable housing units which could be lost or if
there will be sufficient capacity remaining in the City to
accommodate the projected needs. Rules 9J-5.006(2) (c); 9J-
5.010(2) (a), (b), (c), (f) 1. ,3.; 9J - 5 . 010 (3) (b) 1. , 3 . , and 9J-
11.006(3) , F.A.C.
Recommendation
Include an analysis to show that the City has adequate medium
density residential lands to accommodate the projected housing
and land use needs. If it is determined that there is not
sufficient medium density residential lands available to meet the
projected demand, then the city must ensure that additional lands
are made available to accommodate the projected need.
objection for the Taheri Property
1- The proposed amendment to change the land use on
approximately 35 acres of land from medium density residential to
transitional is not supported by the data and analysis which
shows that the amendment is necessary to accommodate the land use
needs of the projected population, that the existing transitional
areas are inadequate, or that the existing designation is
incompatible with the adjacent land uses. In addition, the
Taheri Property proposed amendment appears to be inconsistent
with Future Land Use Element objective and policies A-1, A-1.2,
A-1,3, A-1.6 and Housing Element policies A-2.4 and C-2.4.
because the land area had not been designated as General
Commercial; most of the property is unimproved; amendments to
commercial designations in outlying areas are not to be
accommodated; neighborhoods identified as "stable residential" to
designations other that community Facilities must be denied; and
vacant residential properties shall be developed in a manner
which is consistent with adjacent development. Rules 9J-
5 , 006 ( 2) (c) 2 .; 9J - 5 . 006 ( 2) (d) 2 .; 9J - 5 . 006 (3) (b) 3 . ; 9J-
5.006(3} (c}2,; and 9J-11,006(3), F,A.C.
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Recommendation
Revise the amendment to include supporting data and analysis
identifying that the map amendment is necessary to accommodate
the projected need of the projected population. An analysis must
also be prepared which shows that the deletion of the medium
density residential land uses will not adversely impact the
City's ability to provide adequate medium density residential
areas to meet the projected needs and how the amendment is
consistent with the above referenced objectives and policies of
the adopted plan.
Objection for policy B.3.3a
1. As previously raised in Amendment 93-1, the Department is
again concerned with the proposed language of policy B.3.3a.
Although the Department realizes it is not the intention of the
city to have a plan which is self-amending, the revisions to
Policy B.3.3a remain vague enough to imply that an amendment to
the plan may not be necessary. Rules 9J-S.004i 9J-S.005(2) (a)i
9J-S.OOS(6)i 9J-5,005(8), F.A.C., sections 163,3184 and 163.3187,
Recommendation
Revise Policy B.3.3.a to include a statement similar to the
following suggested language:
"Following any annexation, the comprehensive plan will be amended
to reflect the change in the City's boundaries."
objection
The proposed amendment is not compatible with and does not
further the following goals and policies of the Treasure Coast
Regional Policy Plan:
GoalS, 1. 1 (Housing) policies 5.1.1.1 and 5,1,1.3; and
Goal 16.1.2 (Land Use) Policies 16.1.2.1, 16.1.2,2 and 16,1,2,3,
Recommendation
Revise the proposed amendment to be consistent with the above
referenced goals and policies of the Treasure Coast Regional
Policy Plan.
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objection
The proposed amendment is inconsistent with the following state
goals and policies:
Goal (5) Housing: Policy 3.; and
Goal (7) Land Use: Policy 7.
Recommendation
Revise the proposed amendment to be consistent with the above
referenced goals and policies of the state Comprehensive Plan.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS I
CITY MANAGER~ ,
FROM:
SUBJECT: AGENDA ITEM f \ Q.. It - MEETING OF DECEMBER 7. 1993
ORDINANCE NO. 83-93
DATE: December 5, 1993
This is the first reading of ordinance amending Section 4.4.24, ;
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"Old School Square Historic Arts District", Paragraph G, "Supplemental I
District Regulations", of the Land Development Regulations to provide I
for a parking requirement of six (6 ) parking spaces per 1,000 square
feet of restaurant floor area.
During consideration of changes to the parking requirements in the
Central Business District, the Parking Management Team recommended
that the same requirements be applied to the Old School Square
Historic Arts District. This ordinance implements that
recommendation.
The Planning and Zoning Board at their November 29th meeting reviewed
this item and found it consistent with the provisions of the
Comprehensive Plan.
Recommend approval of Ordinance No. 83-93 on first reading. If passed
public hearing January 11, 1994.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: :~~~~t~~~R!k:=ER
FROM: VID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 7, 1993
RESTAURANT PARKING REQUIREMENTS IN OSSHAD
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an Ordinance on first reading. The ordinance
will establish parking requirements for restaurants in the
OSSHAD zone district,
B A C K G R 0 U N D:
This subject is a companion to ordinances adopted by the City
Commission in November, During consideration of changes to
restaurant parking requirements in the CBD zone district, the
Parking Management Team recommended that the same requirement
(6 spaces per 1,000 sq,ft. of floor area be applied in the
OSSHAD district. Currently, restaurants must meet the 12/1,000
requirement,
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at a
special meeting held on Monday, November 29th and found it
consistent with and furthering the Comprehensive Plan,
R E COM MEN D E D ACT ION:
By motion, adoption of the enacting ordinance on first reading.
Attachment:
* Ordinance by others
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CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Dee 03,93 16:54 P.02
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ORDINANCE NO. 83-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH 1 FLORIDA, AMENDING, CHAPTER 41 "ZONING
REGULATIONS" OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA1 BY AMENDING SECTION 4.4.24, "OLD SCHOOL
SQUARE HISTORIC ARTS DISTRICT" PARAGRAPH G "SUPPLE-
MENTAL DISTRICT REGULATIONS", TO PROVIDE FOR A
PARKING REQUIREMENT OF 6 PARKING SPACES PER ONE
THOUSAND SQUARE FEET OF RESTAURANT FLOOR AREA;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS 1 pursuant to Section 1,1.6 of the City of Delray Beach
Land Development Regulations, the Planning and zoning Board reviewed the
proposed revisions contained in this ordinance at its meeting of
November 29, 19931 and forwarded this revision to the City corr~lss1on
with a reco~endation of approval; and,
WHEREAS 1 pursuant to Florida Statute Section 163.3174(1)(cI1
the Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that this ordinance is consistent with the objectives and
policies of~e City ot Oelray Beach Comprehemslve Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO~~ISSION OF THE
CITY OF DELRAY BEACH 1 FLORIDA 1 AS FOLLOWS;
Section 1. That Chapter 4, "zoning Regulations", Article 4.4,
IIBase zoning District", section 4.4.241 "Old SChool Square Historic Arts
District", Subsection 4,4.24(G), "supplemental District Regulations", of
the Land Development Regulation of the code of ordinances of the City of
Oelray Beach, Florida, be, and the same is hereby amended to read as
follows:
(4) ~arklnq Re9uire~~nts
(a) All non-reSidential uses, with the
exception of restaurants shall provide one parking
space per 300 square feet ot total new fieor-d~ea or
existing floor ~ being converted to non-
residential use, This requirement may be reduced to
one parking space per 400 square teet ot total floor
area, or by at leaBt one space where there 1s a mix
of residential and non-residential use in the same
structure,
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CIT"r" RTTDF:"JEY'S DFFICE TEL ~~o. 4072784755 Dee 03,93 16:55 P.CI3
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(b) ~~_~~l1urant6Bhall provide six space5 per
one thousand square feet of total n.ew <?.E__~~!"~_S~~'!~
floor area bein~L~9n"erted to_~~_~t:.o'l~zant use.
Section 2. That should any section or pn.w 15 lQn 0 f this
ordinance or any portion thereof f any paragraph I sentence j nr 'r;ord be
declared by a court of competent jurisdiction to be invalid, ~uch
decision shall not affect the validity of the remainder h'~LeGf as a
whole or part thereof other than the part declared to be invalid.
Section 3, That all ordinances or parts (if orel nM1Ce':i in
conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall becom..:, eft>::,:cLlve ten
(10) daysfrom--Its'-passage on second and final reading.
PASSED AND ADOPTED in regular session (Hl second one, f 1 nill
reading on this the day of , 1993.
_________.__~__ ___..__n....__'_'._ ~ -- -_.--
M A '{ 0 H.
ATTEST;
I ""-..~....-,~~.,~.. ".. ,::~.~ L.__.......___"_~_
I City Clerk
First Reading __
Second Reading _v ~_ ~ _. ~w
2 ORD. NO. 83~93
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # \~B - MEETING OF DECEMBER 7. 1993
ORDINANCE NO. 82-93
DATE: December 5, 1993
This is the first reading of an ordinance designating property located
at 622 N. Ocean Boulvard as a local historic site.
The nomination for designation as an historic site was initiated by
the owners. The house was built in 1935 for cartoonist Fontaine Fox.
Palm Beach Architect, John L. Volk designed the two story frame
residence in the Monterey style. It contains all of its original
architectural elements and is in excellent condition.
Concurrently with this item, the applicant is submitting a subdivision
plat of the property. The plat proposes to divide the property into
two separate lots, one on the east side of A-1-A and one on the west.
A non-conforming lot will be created on the east lot with respect to
minimum lot size and depth. The plat is currently being reviewed and
will be presented to the Commission as soon as the technical items
and comments are addressed.
The historic designation would apply only to the western lot which
contains the house. I
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The property owners are requesting that second reading of the
ordinance be postponed until the plat is ready for consideration. I
They have also indicated that, if the subdivision plat is not :
approved, they will withdraw their request for the historic i
designation.
The Historic Preservation Board at their November 3rd meeting
recommended approval of the historic designation (west side only) I
based on positive findings with respect to LDR Sections 4.5.1 (B) and
(C). A detailed staff report is attached as backup material for this
item.
Recommend approval of Ordinance No. 82-93 on first reading pursuant to i
positive findings with respect to LDR Section 4.5.1 (B). '
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ORDINANCE NO. 82-~3
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, DESIGNATING THE PROPERTY LOCATED AT 622
NORTH OCEAN BOULEVARD , AS A LOCAL HISTORIC SITE;
PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1993" TO SHOW THE HISTORIC DESIGNATION IN
AN OVERLAY MANNER; PROVIDING A NON-SEVERABILITY CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Section 4.5.1 of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach provide. for the designa.
tion and protection of historic aites;
WHEREAS, the owners of the property located at 622 North Ocean
Boulevard which contains a residence designed by noted South Florida
architect John Volk for famed cartoonist and City of Delrey Beach
resident Fontaine Fox, have nominated the property described in Exhibit
"A" to be designated as a local historic site; and,
WHEREAS, the owners of the property prepared a designation report
concerning the designation of the property located at 622 North Ocean
Boulevard to the Local Reqister of Historic Places; and,
WHEREAS, the Historic Preservation Board of the City of Delray
Beach held a duly noticed public hearing in regard to the designation of
the property as a local historic site; and,
WHEREAS, on November 3, 1993 the Historic Preservation Board of the
City of Delray Beach recommended that the property described in Exhibit
"A" be designated a local historic site; and,
WHEREAS, the City Commission of the City of Delray Beach has
conducted a duly noticed public hearing in regard to the designation of
the property described in Exhibit nAIf, as a local historic site.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWSz
Section 1. Deeiqnation.
The property located at 622 North Ocean Boulevard which is
described in Exhibit "A", at tached hereto and incorporated herein i8
hereby designated as a local historic site in accordance with and under
the provisions of Section 4.5.1 of the Land Development Regulations of
the City of Oelray Beach, subject to the terms of this Ordinance.
Section 2. That the Planning Director of the City of Delray Beach,
Florida, shall, upon the effective date of this Ordinance, amend the
ZO'd SU:Zl f6'fO Jaa SSLu 8L~ LOu . ON T3l 3)l~~O S,A3N~Oll~ All)
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official Zoning Map of De 1 ray Beach, Florida, to show t.he historic
designation, in an overlay manner.
Section 3. Non-Severability.
It is the intent.ion of the City Commisslon of the City of Delray
Beach that this ordinance and eAch And every of its terms be considered
part of a single whole and that the ordinance not b. ..verable and that
if a court of cOlDpetent jurisdiction finds that any sect.ion of this
ordinance is unlawful or unenforceable the ordinance ahall be unenforce-
able in it. entirety.
Section 4. That all ordinance. or parts of ordinances In conflict
herewith be, and t.he salDe are hereby repealed.
Section 5. Effective Date.
This Ordinance shall become effect.ive upon adoption on second and
final reading.
PASSED AND ADOPTED in reOular selslon on second and final reading I
on this the ____ day of , 1993.
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MAYOR I
ATTEST: I
City Clerk I
First Reading
Second Reading
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T, HARDEN, CITY MANAGER
GJ~~ lku~
THRU: J, KO ACS, DIRECTO
DEPARTMENT OF PLANNING AND ZONING
FROM: DIANE DOMINGUEZ
PRINCIPAL PLANNER
SUBJECT: MEETING OF DECEMBER 7, 1993
FIRST READING OF AN ORDINANCE DESIGNATING 622 N, OCEAN
BOULEVARD AS A LOCAL HISTORIC SITE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance designating a
property as a local historic site.
The property contains a single family home built in 1935,
and is located at 622 N, Ocean Boulevard,
B A C K G R 0 U N D:
This request is being made by the current owners of the subject
property, C.H, Schumacher and W.W, Hancock, Claiborne Farms,
Inc. The house was designed by renowned Florida architect John
L. Volk, and was formerly occupied by cartoonist Fontaine Fox,
A more detailed description of the property and its history is
contained in the attached designation report,
The request for historic designation of the house is being made
in conjunction with the submission of a subdivision plat of the
property. Currently the existing platted lot extends from a
point that is approximately 260 feet east of Andrews Avenue, all
the way to the Erosion Control Line on the beach side, Ocean
Boulevard (S,R, A-I-A) divides the property in two, however, the
property remains as one platted lot, The subdivision plat
proposes to divide the property into two separate lots, one on
the east side of A-I-A and one on the west side. The lot on the
west side would meet all requirements of the R1-AAA zoning
district, however, the beach lot would be non-conforming with
respect to minimum lot size and minimum lot depth. Pursuant to
LDR Section 4,3.1 (D) , the City Commission may create a
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City Commission Report
Designation of Local Historic Site
(622 N. Ocean Blvd.)
Page 2
non-conforming lot when appropriate, and may impose mitigating
conditions when doing so, The plat is currently being reviewed,
and will be presented to the Commission as soon as all comments
of a technical nature have been addressed,
The historic designation would apply only to the western lot,
which contains the house, The owners of the property are
requesting that the second reading of the ordinance be postponed
until the plat is ready for consideration, They have indicated
that if approval of the subdivision plat is not granted, they
will withdraw their request for the historic designation,
HISTORIC PRESERVATION BOARD CONSIDERATION:
The Historic Preservation Board formally reviewed the
designation request at its meeting of November 3, 1993 during
which a public hearing on the item was held, There were no
comments with respect to the designation of the property as an
historic site, however, an attorney representing adjacent
property owner Jack Eichelberger spoke in opposition to the
creation of a buildable lot on the beach side,
The Board made positive findings with respect to LDR Section
4.5,1(B) Criteria for Desiqnation of Historic Sites or
Districts, and 4,5,l(C) Desiqnation Procedures, and voted 6-0 to
recommend that the City Commission approve the ordinance
designating 622 N, Ocean Blvd, (west side only) as a Local
Historic Site,
R E COM MEN D E D ACT ION:
By motion, approve on first reading the ordinance designating
the property located at 622 N, Ocean Blvd. (west side of A-1-A
only) as a Local Historic Site,
Attachment:
* Designation report provided by applicant
* Historic Preservation Board Staff Reports of August 18,
1993 and November 3, 1993 and supporting documentation,
including LDR Section 4.5.1, Historic Preservation Sites
and Districts
* Ordinance by others
T:CC622
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LAW OFFICE OF
ROGlER Go SABIERSONy PoAo
70 S.E. 4th Avenue Telephone: (407) 272.8616
Delray Beach, FL 33483 October 4, 1993
- -
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FINAL DESIGNATION REPORT AND
Historic Preservation Board NOl'lIiiATING LETTER
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FI. 33444
Re: Revised Nomination for Historic Site Designation - Fontaine Fox House located at 622
North Ocean Boulevard (excluding the property lying east of AlA)
Dear Board Members:
I represent the property owner of the above referenced property. On their behalf I am
submitting this revised nomination for designation of the subject property as an historical site,
pursuant to Section 4.5.1 of the Land Development Regulations, This nomination is a replacement
for the prior nomination of June 22, 1993,
The subject property lies to the north of and adjacent to the historic site designated as
"Fountain Fox House" under Section 4,5.1(K)(2), At the time of that designation the Board received
rather extensive information concerning the historical significance of that property which
information is also substantially applicable to the property for which this nomination is submitted,
The home that is located on the subject property was designed by renowned architect John
Volk, who also designed the home to the south. Mr. Volk designed the house on the subject
property for Mr, Fontaine Fox, as he did the home to the south.
The subject property qualifies for historic designation, as did the property to the south, for
the following reasons: a) the subject property is associated in a significant way with the life and
activities of a major person, Fontaine Fox, important not only in the City but nationally; b) the
subject property is one of the City's better examples of Monterey style of architecture; and c)
because the home on the .subject property was designed by one of south Florida's most renowned
architects, Mr, John Volk.
The subject property was acquired by Fontaine Fox in 1935 and remained in the Fox family
until 1978 when it was conveyed to my clients.
This Nomination is being submitted subject to the City Commission granting the variances
and other approvals referred to in Designation Report which is bein~ submitted herewith.
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DESIGNATION REPORT
THE FONTAINE FOX HOUSE
622 NORTH OCEAN BOULEVARD, DELRAY BEACH, FLORIDA
I, PURPOSE
The purpose of designating the former Fontaine Fox property, located at 622 North
Ocean Boulevard (hereinafter the "Subject Property") to the Delray Beach local Register of
Historic Places, is to preserve the architectural and cultural significance of one of the City's
most distinctive private residential ocean front estates, A nomination for designation has
been filed and considered by the Board in a public hearing held pursuant to the provisions
of Section 4.5.1 of the Land Development Regulations,
II, LOCATION AND LEGAL DESCRIPTION
The Subject Property is located at 622 North Ocean Boulevard, Delray Beach,
Florida, It is comprised of land on the west side of State Road A-I-A. The Subject Property
extends westward 339 feet from the west right-of-way line of State Road A-I-A,
The legal description of the Subject Property is as follows:
Lot 2, Block "E", revised plat, Block D and Block E, Palm Beach Shore Acres (Ocean
Boulevard Estates) less the west 292.4 feet thereof and less the portion thereof lying
east of State Road AlA, Delray Beach, Palm Beach County, Florida, according to
plat thereof recorded in Plat Book 7 on Page 38 of the Public Records of Palm
Beach County, Florida.
III, HISTORICAL AND ARCHITECTURAL SIGNIFICANCE
The Subject Property is significant for several reasons: (i) its architectural style
is one of the better examples in the City of Delray Beach of what is known as the Monterey
Style, (ii) the house was designed by renowned architect, John Volk, and (iii) the home was
originally constructed for and owned by, Fontaine Fox, a world famous cartoonist,
IV. PRESENT USE, CONDITION AND ZONING
A. Present Use
The Subject Property is improved with a "One and Two Story Main Wood-frame
Residence" and also located on the property are a one story wood-frame cottage and a one
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story wood-frame garage, Renovations to the Subject Property since its original construction
have been in accordance with the architectural style and character of the original design of
the main residence and other improvements,
B, Condition
The main house and other improvements are in good condition,
C. Zoning
The current zoning of the Subject Property is RlAAA. The nomination submitted
by the owner is subject to the property owner obtaining variances for the property lying east
of AlA to permit such property to be used as a separate single family building lot,
V, IMPACT
This designation is being made at the request of the owner of the Subject Property,
VI, RESOLUTION
The Historic Preservation Board of the City of Delray Beach hereby finds and
determines as follows:
A, The nomination for the designation of the Subject Property as an historic site is
appropriate and conforms with the standards and criteria of Section 4.5.1 of the City
of Delray Beach Land Development Regulations.
B, The Subject Property is appropriate for designation as an historic site because: 1)
the Subject Property is associated with the life and activities of a person of major
importance to the City, and regional and national history, in that the Subject
Property served as the residence of the famed cartoonist, Fontaine Fox; 2) the
Subject Property exemplifies the social and historical trends of the community in
that the principal residence represents their lifestyle, quality of life and architectural
character that once typified seasonal living in south Florida; 3) the main residence
on the Subject Property has architectural and aesthetic significance in that: (i) the
building portrays the materials and design of an era of distinctive architectural style,
a natural wood reflective of the traditional cypress construction; (ii) the building
reflects distinguishing characteristics of a style, period and method of construction
being reflective of traditional south Florida cypress homes few of which exist today;
(Hi) the building was designed by renowned Florida architect John L, Volk and
represents one of the finest examples of this style and type of residential design by
Mr, Volk; and (iv) the building contains design, detail, material and craftsmanship
of an outstanding quality which represented, in its time, a significant innovation in
adaptive design for the south Florida environment,
C, The designation of the Subject Property shall be simultaneous with the following: (1)
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the City Commission granting the following variances: a) variance of the lot size
and lot depth requirements, to permit the property east of AlA to be a separate
building lot in its present configuration; and b) that the right of way of State Road
A-I-A adjacent to said lot shall be the existing 60 foot right of way and no additional
reservation of right of way shall be required as a condition of development east of
State Road A-I-A; (2) the City Commission giving final plat approval to the
currently pending application for the Hancock Subdivision which creates a separate
single family building lot east of AlA and (3) the City Commission granting such
other approvals as may be required under City laws and regulations including
concurrency requirements, to permit the prompt construction of a single family
home and appurtenances, on the lot east of AlA,
The property lying east of AlA is unique in regard to various circumstances that
render it potentially unbuildable under the current provisions of the RlAAA district,
Nonetheless, the construction of a single family home with associated improvements
on the land east of State Road A-I-A is consistent with the goals and policies of the
City Land Development Regulations, There is no other lot in the same zoning
district that suffers the same confluence of circumstances, and the conditions and
circumstances are peculiar to said property.
These unique circumstances and conditions include but are not limited to the
following: a) the property is one lot from the southernmost point of a long series
of ocean-front lots which are improved with residences and b) the establishment of
an Erosion Control Line divesting the O\l-ner of technical title to a substantial
amount of land area between the mean high tide line and the erosion control line
to which the property owner retains riparian rights,
D. Absent the variances, the property owner \lill be deprived of the rights enjoyed by
other properties in the same zoning district.
E, The special conditions appurtenant to the property lying east of AlA are the result
of public initiatives in regard to beach access. use and re-nourishment, including the
establishment of the Erosion Control Line as part of the beach re-nourishment
program,
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The Architect: John VolJ\
In the late 1930's, Fontaine Fox, having had a long-term
friendship with John Volk, commissioned him to desiqn the house at
610 North Ocean Boulevard. Volle was also the architect of Fox's
home just north of 610, as well as several others located in the
immediate Delray/Gulfstream area including Ocean Boulevard,
Seabreeze, and Palm Trail.
Born in 1901 in Austria, Volk came to the united states when
he was nine years old. He was a student at Columbia University
school of Architecture as well as the world renowned Ecole des
Beaux Arts in Paris. Volle continued t~ design homes until his
death in 1984.
John Volk arrived in Palm Beach in 1925 while Addison Mizner
was building Spanish and Mediterranean style mansions for wealthy
. families. A prolific architect, he designed over 1,000 houses,
theatres, and buildings allover the world. Some of the world's
.most powerful and wealthy people commissioned him to design their
homes, including William Paley, George Vanderbilt, Henry Ford II,
Herbert Pulitzer, Horace Dodge II, and John Phipps.
Volk has often been called the last of the original Palm Beach
architects which included Addison Mizner, Maurice Fatio, and Marion
Sims Wyeth. In 1926, he formed a partnership with Gustav Haas
which lasted almost ten years.
Volk's homes, which number several hundred scattered along the
coast, covered a broad range of designs from Spanish and Italian
motifs to Normandy, Bermuda, Regent, Classical oriental, bungalow,
and what he called British Colonial. Known to have "broken the
excesses" of the Mediterranean style after the Depression, volk
began designing British Colonial houses that could be built for
forty-five cents a square foot versus two dollars per square foot
for the Spanish mansions. He related in ,an article in
Architectural Digest in 1972, "when the market crashed and the
Depression followed, there wasn't a client in sight who wanted to
build the elaborate Spanish house. Everyone was broke. Those who
weren't, didn't want to make a show of their money." It was during
this period that the houses along North Ocean Boulevard were
designed.
Volk designed some of the most prominent buildings in the
area, including the First National Bank building in Palm Beach, the
Royal poinciana Plaza and Playhouse (which opened in 1950, becoming
the first new professional theatre to be built in the United States
since the Ethel Barrymore and the Adelphi Theatres opened their
doors in 1928), the galleries and theatre for the Society of the
Four Arts, part of the Town Hall of Palm Beach, the Beach Club,
Phipps Oenza, and Good Samaritan Hospital. In later years, he
designed Paradise Island and was involved in early development of
planned golf course communities such as Port Royale in Naples and
Old Port Cove in North Palm Beach.
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STAFF REPORT
HISTORIC PRESERVATION BOARD MEETING
NOVEMBER 3, 1993
AGENDA ITEM II
PUBLIC HEARING
RECOMMEND TO THE CITY COMMISSION THAT THE PROPERTY LOCATED AT
622 N. OCEAN BLVD BE DESIGNATED AS A LOCAL HISTORIC SITE.
ITEM BEFORE THE BOARD
The purpose of the hearing is to allow the public to comment on
the proposal to recommend to the city commission that the
property located at 622 North Ocean Boulevard be listed on the
Local Register of Historic Places and designated as an historic
site.
Pursuant to Section 4,5.1(C)(6), after conducting the public
hearing, if the Board finds that the nomination fulfills the
proper designation criteria and all procedures have been
followed correctly, it shall vote on the designation. A
majority of the entire Board must act in the affirmative to
transmit the nomination and the Board's findings to the City
Commission.
To determine that the nomination fulfills the designation
the Board will consider Section 4.5.1(B).
To determine that all procedures have been correctly
followed the Board will consider Section 4.5.1(C)(2),(3)
and (4).
Once the nomination has been transmitted to the City Commission,
the Commissioners will consider the recommendation through their
standard ordinance adoption procedure, except that at least
three affirmative votes of the City Commission is necessary to
make a designation.
ALTERNATIVE ACTION
1. Approve the nomination of 622 N.Ocean Blvd and recommend to
the City Commission that the property be placed on the
Local Register of Historic Places by making positive
findings with respect to Section 4,5.1(B).
2. Deny the nomination of 622 N,Ocean Blvd for designation to
the Local Register of Historic Places by failing to make
positive findings with respect to Section 4,5.1(B).
RECOMMENDED ACTION
1. Approve the nomination of 622 N.Ocean Blvd and recommend to
the city Commission that the property be placed on the
Local Register of Historic Places by making positive
findings with respect to Section 4.5.1(B).
"
Section 4.5.1
ARTICLE 4.5 OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS
The Districts described in this Article do not establish uses or
categorize uses, These Districts, however, do regulate allowable
uses in a manner to mitigate adverse impacts of such uses upon
the natural or man-made environment; or regulate development so
as to mitigate potential dangers to the use of such developed
land, or to otherwise implement policies and objectives of the
Comprehensive Plan. Overlay and environmental management
districts need not be shown on the Official Zoning Map.
Section 4.5.1 Historic Preservation Sites and Districts:
(A) General: In recognition of findings as set forth in
the original enactment of Ordinance 13-87, passed March 10, 1987,
this Section is created in order to provide for the
identification, preservation, protection, enhancement,
perpetuation, and the use of districts, archeological sites,
buildings, structures, improvements, and appurtenances that are
reminders of past eras, events, and persons important in local,
state, and national history; that provide significant examples of
architectural styles of the past; that are unique and
irreplaceable assets to the City and its neighborhoods; or that
provide this and future generations with examples of the physical
surroundings in which past generations lived; and other purposes,
(B) Criteria for Designation of Historic Sites or
Districts:
( l) To qualify as a historic site, or historic
district, or historic interior, individual properties,
structures, sites, or buildings, or groups of properties,
structures, sites, or buildings must have significant character,
interest, or value as part of the historical, cultural,
aesthetic, and architectural heritage of the city, state, or
nation. To qualify as a historic site or historic district, the
property or properties must fulfill one or more of the criteria
set forth in division .(2) or. (3} below; to qualify a.s a historic
interior the interior must fulfill one or more of the criteria
. set forth in division (2) and meet the criteria set forth in
divisions (3) (b) and (3)(d),
(2 ) A building, structure, site, interior, or district
will be deemed to have historical or cultural significance if it
meets one or more of the following criteria:
;( (a) Is associated in a significant way with the
life or activities of a major person
, important in city, state, or national
history (for example, the homestead of a
-. local founding family);
4501
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Section 4.5.1 (B)
(b) Is the site of a historic event with
significant effect upon the city, state, or
nation;
(c) Is associated in a significant way with a
major historic event, whether. cultural,
economic, social, military, or political;
X (d) Exemplifies the historical, political,
cultural, economic, or social trends of the
community in history; or,
X (e) Is associated in a significant way with a
past or continuing institution which has
contributed substantially to the life of the
city.
(3) A building, structure, site, or district is deemed
to have architectural or aesthetic significance if it fulfills
one or more of the following criteria; except that to qualify as
a historic interior, the interior must meet the criteria
contained within divisions (3){b) and (3)(d):
X (a) Portrays the environment in an era of history
characterized by one or more distinctive
architectural styles;
X (b) Embodies those distinguishing characteristics
of an architectural style, period, or method
of construction;
,( (c) Is a historic or outstanding work of a
prominent architect, designer, landscape
architect, or builder; or
(d) Contains elements of design, detail,
.X material, or craftsmanship of outstanding
quality or which represented, in its time, a
significant innovation or adaptation to the
South Florida environment.
X (4) A building, structure, site, interior, or district
will be deemed to have historic significance if, in addition to
or in the place of the previously mentioned criteria, the
building, structure, site, or zone meets historic development
standards as defined by and listed in the regulations of and
criteria for the National Register of Historic Places, as
prepared by the United States Department of the interior under
the Historic Preservation Act of 1966, as amended. A copy of
these standards for the National Register is made part of this
section as if fully set forth herein.
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Section 4.5.1 (C)
(C) Desiqnatlon Procedures:
( 1 ) Buildings, structures, archaeological sites, or
districts which meet the criteria for historic sites or districts
set forth in Section 4.5.1(B) may be designated as historic sites
or districts, and may be listed on the Local Register of Historic
Places,
(2) Nominations for historical site or district
designation shall be made to the Historic Preservation Board on
an application form developed and approved by the Board.
(a) Nominations for historic site status may be
initiated by:
( 1) The Historic Preservation Board;
( 2 ) The City Commission; or
X ( 3) The property owner.
(b) Nominations for historic district status may
be initiated by:
( I ) The Historic Preservation Board; or
(2 ) The City Commission.
(3 ) The Board shall conduct a preliminary evaluation
of the information provided on each nomination application to
determine if it generally conforms with historic status criteria,
The Board shall then prepare a designation report which shall
contain the following:
(a) proposed legal boundaries of the historic
>( building, archaeological site, structure, or
district;
.X(b) any proposed conditional zoning regulations
designed to replace or complement existing
zoning regulations with regard to, but not
-11mi ted to use, floor area, densitYr height,
setbacks, parking, and minimum lot size;
X(C) analysis of the historic significance and
character of the nominated property; and
(d) analysis of optional historic interiors for
those buildings and structures with interior
features of exceptional architectural,
~ '" jit~j aesthetic, artistic, or historic
significance.
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Amd. Ord. 30-91 3/26/91
4503
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Section 4.5.1 (C) (4)
~4) Upon completion and formal review of the report,
the Board shall set a public hearing on each proposed
desIgnation, Notice of said hearing shall be made to the owner
of affected property at least ten days prior to the hearing by
certified mail. Additional notice shall be given in the same
manner as provided for a rezoning action [see Section
2.4,2(B)(1)(b)] and by notice published in the newspaper at least
ten days prior to the hearing_
(5) Once the public hearing date is established, no
permits shall be issued for any new construction, alteration,
relocation, or demolition of the real property included in the
nomination. This delay in the issuance of permits will remain in
effect until one of the following takes place:
(a) The Historic Preservation Board denies the
nomination and no appeal is filed pursuant to
Section 2.4.7(E)i or/
(b) The City Commission formally approves or
denies the nomination.
(6) After conducting the public hearing, if the
Historic Preservation Board finds that the nomination fulfills
the proper designation criteria and all procedures have been
followed correctly, it shall vote on the designation. A majority
of the entire Board, present and voting, must act in the
affirmative to transmit the, nomination and the Board's findings
to the City Commission. The City Commission shall consider the
recommendation through its standard ordinance adoption
procedures, except that at least three affirmative votes of the
City Commission is necessary to make a designation. In the event
that a directly affected property owner objects to the historic
designation, the Commission approval shall require a super
majority vote of four votes,
(7) After conducting the public hearing, if the
Historic Preservatio~ Board does not find that the request fills
the criteria, no further action will be. required and the request
will be deemed denied. However, an appeal may be filed and
processed pursuant to Section 2.4.7{E},
(8) The Board will issue an official "certificate of
historic significance" to the owner of properties listed
individually on the local historic register or judged as
contributing to the character of a historic district listed on
the local historic register. The Director acting as City
Preservation Officer, or his appointee, is authorized to issue
and place official signs denoting the geographic boundaries of
each historic district listed in the local historic register.
Amd. Ord. 30-91 3/26/91
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STAFF REPORT
HISTORIC PRESERVATION BOARD MEETING
AUGUST 18, 1993
AGENDA ITEM V
Application to nominate 622 N. Ocean Boulevard to the Local
Register of Historic Places as Fontaine Fox Historic Site II.
I T E M B E FOR E THE BOARD
The action before the Board is that of reviewing the Designation
Report for 622 N. Ocean Boulevard to determine that the
information provided conforms with the historic status criteria
required for listing in the Local Register. If positive
findings are made with respect to Section 4.5.1(B) Criteria for
Designation of Historic Sites, the Board will vote to accept the
nomination and set a date for a Public Hearing associated with
accepting the Designation Report.
DES I G N A T ION PRO C E D U RES
1. Preliminary evaluation
On August 5, 1992 t.he HPB held an informal preliminary
discussion to evaluate the possible nomination of 622 N.
Ocean Boulevard to the Local Register. The Board directed
staff to inform the owners that it was appropriate for them
to proceed with the designation report for the property.
The report has been completed and is now before the board
for review and nomination.
2, Accepting the nomination
At this meeting the HPB will review the designation report
with respect to conformity with the historic status
criteria and vote to accept or deny the nomination. If the
Board accepts the nomination a date for a public hearing
will be set.
3. Accepting the designation report and transmittal to the
City Commission
After conducting the public hearing the Board will vote to
accept the designation report. The HPB's recommendation to
designate a property to the Local Register of Historic
Places is then forwarded, through the ordinance process, to
the City Commission. After two readings, the City
Commission will either accept or deny the Designating
Ordinance.
BACKGROUND
The nomination for designation as an historic site has been
ini tiated by the owners, C.H. Schumacher and W. W . Hancock and
has been submitted by their agent, Roger Saberson.
The house proposed for designation was built in 1935 for famous
cartoonist Fontaine Fox, who worked and wintered in Delray Beach
"
staff Report
Nomination of 622 N. Ocean Blvd
Page2
in the 1930's and 40's. Mr. Fox commissioned his friend,
renowned Palm Beach Architect, John L. Volk to design the two
story frame residence in the Monterey style. It contains all of
its original architectural elements and is in excellent
condition, The present owners purchased the house from the Fox
estate in 1978. Expanded information regarding the house,
Fontaine Fox, and John Volk is provided in the attached
designation report.
This property is not to be confused with the previously
designated Fontaine Fox Historic Site (610 N. Ocean Boulevard),
also designed by John L. Volk. Mrs. Fox was not happy with the
house at 610 N. Ocean and in 1935 Mr Fox commissioned Mr. Volk
to build a house to her liking (the subject property) on a lot
he owned directly to the north, 622 N. Ocean Boulevard.
In connection with the proposed designation the owners plan to
subdivide the property to create a beach lot on the east side of
state Road AlA.
A N A L Y S I S
The designation report is in conformity with respect to:
Section 4.5.1(2)(a), as it was the home of Fontaine Fox.
Section 4.5.1(2)(d), as it represents a simple form of
architecture which was popular during the Depression years,
after the architectural excesses of the Florida Boom.
With respect to Section 4.5.1(3), it conforms with (a) and
(b) as it relates to the Monterey style of architecture and
the exterior details of that style,
It is in conformity with Section 4.5.1(3)(c) as it was
designed by John L. Volk.
It conforms in all respects to Section 4.5.1(J)(d).
SUMMARY
Staff has determined that the material provided in the
designation report is accurate and contains sufficient
information for the Board's consideration. In evaluating the
report staff finds conformity with respect to Section 4.5.1(B),
Criteria for Designation of Historic Sites as listed above.
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. Staff Report
Nomination of 622 N, Ocean Blvd
Page3
This is a significant property both architecturally and
culturally, in staff's opinion it is eligible for listing in the
National Register of Historic Places, It should be preserved as
a visual reminder of Delray Beach's interesting history,
especially that period during the 1930's and 40's when the City
was a flourishing winter colony for artists and writers.
Designation to the Local Register will protect a valuable
historic asset and provide the HPB with design review, through
the COA process, of any new construction on the proposed beach
lot as well.
R E COM MEN 0 A T ION
Accept the nomination of 622 N.Ocean Boulevard and set a date
for the public hearing associated with designating the property
to the Local Register of Historic Places.
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