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06-23-92 Regular . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - JUNE 23. 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments. However, as a general rule, the order of presentation shall be as follows: City Staff, comments by the public, Commission discussion and official action. City Commission meetings are business meetings and as such, the Commission retains the right to limit discussion on any issue. In most cases remarks by an individual will be limited to three minutes or less (10 minutes for group presentations). The Mayor or presiding officer may adjust the amount of time allocated at his/her discretion. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items f rom 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 it'em under these sections. I 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, those individuals wishing to address public hearing and/or non-agendaed items should complete the sign-in sheet located on the right side of the dais. If for some reason you are not able to complete the sign-in sheet prior to the start of the meeting, you will not be precluded from addressing the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to make your comments, kindly complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state, for the record, your name and address. All comments will be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred from speaking further to the Commission by the presiding officer, unless permission to continue or again , . . City Commission Regular Meeting 6/23/92 address the Commission is granted by majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting 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 Regular Meeting minutes of None. 6. Proclamations: A. Recreation and Parks Month - July 1992. 7. Presentations: None. 8. Consent Agenda: A. AMENDMENT TO THE CONTRACT WI TH HIGHLAND BEACH: Approve an amendment to the contract for the disposal of pretreated waste with Highland Beach which authorizes the City of Delray Beach to administer its Industrial Pretreatment Program within the Highland Beach City limits. B. KIWANIS BEACH FESTIVAL: Approve the request from the Sunrise Kiwanis to hold a beach festival on Saturday, July 24 and Sunday, July 25 on the municipal beach at Atlantic Avenue and AlA. C. METROPOLITAN PLANNING ORGANIZATION BIKEWAYS PLANNING PROGRAM: Approve the Metropolitan Planning Organization's -2- ". I City Commission Regular Meeting 6/23/92 Bicycle Concept Plan, with modifications as recommended by the Planning and Zoning Board. D. FINAL PLAT APPROVAL: Approve the final plat for the Delray Residential Treatment Campus of the Drug Abuse Foundation located on the southwest corner of S.W. 4th Street and Swinton Avenuei subject to the condition that prior to the plat being released for recording, a financial guarantee be submitted for all public improvements. E. CANCELLATION AND REAWARD OF BID/UNIFORM RENTAL SERVICES: Cancel the bid awarded to Cadillac Uniform Supply for non-performance and re-award the bid to Aratex Services, Inc. in the amount of $30,485 with funding from various departmental accounts. F. REJECTIONS OF BIDS/VETERAN'S PARK SHUFFLEBOARD COURTS PROJECT: Reject the bids for the Veteran's Park Shuffleboard Courts and authorize staff to readvertise this project as part of the overall Veteran's Park improvement project. G. AUTHORIZATION TO ALLOCATE DECADE OF EXCELLENCE BOND ISSUE INTEREST EARNINGS: Authorize staff to allocate $22,373 in interest earnings from the Decade of Excellence Bond issue to cover additional expenses incurred in conjunction with the development of temporary and permanent Fire Station No. 5 sites. H. AWARD OF BIDS AND CONTRACTS: 1. Medical and Drug Supplies - Fire Department - various vendors in the estimated annual amount of $82,081 with funding from Fire Operations - Operating Supplies (Account No. 001-2315-526-35.15). 2. S.D. Spady Road Construction - N.W. 10th Avenue - Asphalt Construction of the Palm Beaches, Inc. in the amount of $234,950.75 with funding from Decade of Excellence - Spady Elementary (Account No. 225-3162-541-61.74). I. RIGHT-OF-ENTRY ACCESS EASEMENTS/CBD ALLEYWAY PROJECT: Approve agreements for right-of-entry from various property owners in conjunction with the CBD Alley Reconstruction project. J. APPROVAL OF RIGHT OF ENTRY AND LICENSE AGREEMENT: Approve a r'ight of entry and license agreement from the Palm Beach County School Board for a 25 foot temporary construction easement in conjunction with N.W. 10th Avenue road improvements. K. INTERLOCAL AGREEMENT WITH THE TOWN OF GULFSTREAM: Approve an inter local agreement with the Town of Gulfstream for the extension of fire and emergency medical services to that community. -3- , ' . CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING - JUNE 23, 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED TO INCLUDE: M. RESOLUTION NO. 67-92/REOUEST FOR FUNDING - ROOTS CULTURAL FESTIVAL: Approve Resolution No. 67-92 supporting the Fifteenth Annual Roots Cultural Festival; approve request for funding in the amount of $2,000; and consider other requests, i. e. temporary tent permits, placement of signage, use to tennis center, and use of Pompey Park facility and staff. Funding is available in Commission Contingency (Account No. 001-1111-511-33.81). N. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT: Consider ratifying the Lieutenant's Fraternal Order of Police (FOP) Contract. O. SIDEWALK SALE: Consider a request from the Chamber of Commerce to hold a sidewalk sale downtown during the Fourth of July weekend. <<~ ."""..... ~- ...:.~~ --=- tIT, DF"DELRAY BEAtJl :,;. " ,'1 ',' ~V='JUE DELClAY BEACH. FLORIDA 33444 JC: ~.j' PROCLA},JA TION WHEREAS, recreation enhances the health and well-being of people of every age, young and old, able and disabled: and, WHEREAS, the lmportance of recreation must be continually reem?hasized in a technologically advanced society such as ours: ani, WHEREAS, all ,~i tizens can enjoy self-renewal in the out-of-doors throug~ green spaces and facilities in parks: and, ~ WHEREAS, o'~r Sta te [:larks are major attractions eacl'l' year, not only ::cr our own citizens, but also for the millions of visitors to Florlda; and, WHEREAS, other governmental bodies, such as the Federal Government, cities and counties, also maintain parks and play- grounds ::or the benefit of residents and visitors: and, WHEREAS, we, as a natlon, must have an awareness of the potential value t~ ~s of :eisure and recreational activities, NOW, THEREFORE, :, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Floclda, do hereby proclaim July, 1992, as "RSCREATION AND PARKS MONTH" in Delray Beach a~d '~rge t~at attention be directed to the many ways in which park, ~ecreation and civic groups, public schools, private organizations, and other agencies may expand recreation facilities and Frograms 50 every citizen will have the opportuni~y to develop meaningful and satisfying leisure activities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 23cd day of June, 1992. MAYOR THOMAS E. LYNCH , . bA " . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM ~ ~~ - MEETING OF JUNE 23. 1992 AMENDMENT TO THE CONTRACT WITH HIGHLAND BEACH DATE: June 19, 1992 This item is before you to approve an amendment to the contract for the disposal of pretreated sanitary sewage with Highland Beach which authorizes the City of Delray Beach to administer its Industrial Pretreatment Program (IPP) within the Highland Beach city limits. Under the provisions of this amendment the City will act as the IPP coordinator for Highland Beach. All permits associated with the IPP and the enforcement of violations will be administered through the City. Additionally, due to the increased cost of regulating the IPP outside of our city limits, the City will charge an additional 25% surcharge above City expenditures to any user required to comply with IPP requirements. Currently, there is only one property wi thin the city limits of Highland Beach which will be affected, the Highland Beach Holiday Inn. Recommend approval of an amendment to the contract Highland Beach for the disposal of pretreated sanitary sewage which authorizes the City of Delray Beach to administer its Industrial Pretreatment Program within the Highland Beach city limits. .. ,- rf~~ [ITY DF DELRAY BEA[H -- CITY ATTORNEY'S OFFICE zoo NW lsl AVENUE' DELRAY DEACH. FLORIDA 33..44 FACSIMILE 407i278-4755 Wr~~_r'. D~r_c~ L~n_ (407) 243-7090 MEMORANDUM Date: June 12, 1992 To: Robert A. Barcinski, Assistant City Manager From: David N. Tolces, Assistant City Attorney Subject: Amendment to Contract For Disposal of Pretreated Sanitary Sewage Between Delray Beach and Highland Beach Please place this item on the June 23, 1992 consent agenda. Thanks. DNT:sh cc: Cheryl Leverett George Abou-Jaoude sewage.dnt ,. AMENDMENT TO CONTRACT FOR THE DISPOSAL OF PRETREATED SANITARY SEWAGE ENTERED INTO ON MAY 14, 1969 BETWEEN THE CITY OF DELRAY BEACH AND THE TOWN OF HIGHLAND BEACH THIS AGREEMENT, made and entered into this _ day of , 1992, by and between the CITY OF DELRAY BEACH, Palm Beach County, Florida, a municipal corporation, organized and existing under the laws of the State of Florida, hereinafter designated the "City", and the TOWN OF HIGHLAND BEACH, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter designated the "Customer". WIT N E SSE T H: WHEREAS, the City and Customer on May 14, 1969 entered into a contract, hereinafter referred to as Disposal Contract for the disposal of pretreated sanitary sewage under which the City is to dispose of the sanitary sewage of the Customer; and WHEREAS, the Disposal Contract is to remain in effect until May 14, 1999, subject to termination or modification by written mutual consent and agreement of the City and the Customer;-and, WHEREAS, the City and Customer, on October 21, 1969, entered into a supplemental agreement number 1 to the Disposal Contract, and on June 2, 1981, the City and Customer agreed to amend the Disposal Contract; and, WHEREAS, Paragraph 4 of the Disposal Contract provides that the Customer shall not discharge or cause to be discharged into the City's disposal system any waste or materials which will be detrimental to the operation and function of the system, and that the Customer will at all times maintain and operate its sewage system in accordance with, but not limited to, the requirements of the State of Florida and the United States government; and, WHEREAS, subsequent to the time of the execution of the Disposal Contract, the United States Environmental Protection Agency required the City to adopt an Industrial Pretreatment Program ("IPP") in order to control and regulate industrial and commercial waste introduced into the disposal system and treated at the South Central Regional Wastewater Treatment Plant; and, .. , Approved as to Form: City Attorney , ~~ TOWN OF HIGHLAND BEACH Palm B~ County ~r1da . In ,"-,-7v~ By. ~ ~ . ....-- erk Vice Mayor Bill Paul -....:... 3 " " [ITY DF DELAAY BEA[H CITY ATTORNEY'S OFFICE ~ :'1 V.\ ),. .\\ L.',,;IE . Ci:l1{.\Y GL\CH. FLOi,JDr\ JJ~,H ;-,\LSI\llLE ~1J~ 2"'~~~" Wr~~.r'. D~r.a~ ~~n. (407) 243-7090 MEMORANDUM Date: June 12, 1992 To: city Commission From: David N. Tolces, Assistant City Attorne~ Subject: Amendment to Contract For Disposal of Pretreated Sanitary Sewage Between Delray Beach and Highland Beach For your approval is an amendment to the Sewage Disposal Agreement between Delray Beach and Highland Beach. The amend- ment will authorize the City of Delray Beach to administer its Industrial Pretreatment Program ("IPP") within the Highland Beach city limits. Following discussions with City staff, it was agreed that the simplest method for regulating the IPP standards in Highland Beach would be to have Delray Beach administer the program itself. The Highland Beach Town Council approved the amendment to the contract. The amendment is now before you for approval. If you have any questions, please call. DNT: sh Attachment cc: Robert A. Barcinski, Acting City Manager sewage-l.dnt .. ,. WHEREAS, the Customer wishes to authorize the City to administer its IPP program within the Customer's city limits in order to reduce the expense needed to operate the disposal system within CUstomer's city limits, NOW, THEREFORE, in consideration of the promises and the obligations and conditions contained in the Disposal Contract, the City and Customer agree to amend the Disposal Contract as follows: l. The recitations cited above are incorporated herein. 2. The Customer authorizes the City to be its authorized IPP coordinator. The City has full rights and authority to issue permits associated with the IPP and to enforce violations within the Customer's city limits in accordance with the City's IPP ordinance, as may be amended. 3. Due to the' increased cost of regulating outside of the City's limits, Customer agrees to allow the City to charge an additional twenty-five percent (25%> surcharge above the City's expenditures to any user required to comply with the IPP requirements. 4. Customer agrees to cooperate and assist the City in enforcing any violations within Customer's city :imits. --..s . All the terms and conditions of the Supplemental Agreement of Oct.ober ~, 1969", and the amendment of June 2, 1981 not in conflict with the aforementioned conditions of this amendment shall remain in full force and effect. IN WITNESS WHEREOF, said City of Delray Beach, acting by and through its City Commission as the governing body, has caused this agreement to be executed in its name and on its behalf by the Mayor of said Commission, its official seal to be hereunto affixed, attested by the Clerk of said City, and the Customer, acting by and through its official governmental body, has caused this agreement to be executed in its behalf by its legal and official representative, its official seal to be hereunto affixed, attested by the Clerk of said municipality, the aay and year first above written. CITY OF DELRAY BEACH Attest: Palm Beach County, Florida By: City Clerk Thomas E. Lynch, Mayor 2 " " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM # ~~ - MEETING OF JUNE 23. 1992 KIWANIS BEACH FESTIVAL DATE: June 19, 1992 This item is before you to approve the Kiwanis Beach Festival being held on July 25th and 26th on the municipal beach at Atlantic Avenue and AlA. Activities proposed during this festival include volleyball, 5K run, and the Prindle Golden Cup Yacht Regatta. The Kiwanis are requesting permission to sell soda, hot dogs, ice cream and t-shirts during this event. Proceeds from these sales will be donated to the Drug Abuse Resistance Education (DARE) program. Trailers will be set up along the grassy strip at Atlantic and AlA. No alcoholic beverages will be sold. Recommend approval of the Kiwanis Beach Festival and authorize the sale of food and t-shirts on the beach on July 25 and 26, 1992. ,. '''I " , June 8, 1992 Mr. Joe Weldon Parks and Recreation Department 15 NW First Avenue Delray Beach, Florida 33444 Dear Mr. Weldon: I am serving as the chairperson for the 1992 Delray Beach Sunrise Kiwanis Beach Festival, which is scheduled for Saturday, July 25, 1992 . This year's festival will follow a similar format to last year, with only a few slight changes, which I have outlined below. The list of activities will once again include volleyball, Prindle Yacht Regatta. We have replaced the Lifeguard's Association with a 5K run on the city's existing course. We will hold competitions between local businesses on the beach. The Kiwanis is once again requesting permission to sell soda, hot dogs, ice cream and T-shirts; proceeds from these sales will be donated to the D.A.R.E. (Drug Abuse Resistance Education) program. All sales will be made out of the trailer, ice cream truck, etc, which will be set up along the grassy strip at Atlantic & AlA. This has been approved by the city commission in past years. We also request permission for the stage and public address system on the beach, as approved last year. We will not be selling beer again this year. WRMF will again be placed on the grassy mound to keep the events better organized. The trailer will serve as an information booth, lost and found, and a focal point for event organizers. We will again need the 12 parking passes to the south parking area. These will be used for our event committee and the Prindle Yacht Race. Attached you will find a sample of our release form that will be formated to meet the requirements of all those teams participating. Also attached is a copy of our schedule of events and a proposed special use permit for the festival. The success of the Kiwanis Beach festival is due in great part to the cooperation and professionalism of the Beach Patrol and the Parks and Recreation department. Let's make this the best beach festival yet!! s,r;e12~fint0 Rena Shannon, Chairperson Kiwanis Beach Festival .. .. . DELRAY BEACH PARKS AND RECREATION DEPARTMENT SPECIFIC USE PERMIT Organization: Delray Beach Sunrise Kiwanis Address: c/o Rena Shannon 5352 Linton BLVD. Delray Beach, FL 33484 Representative & Title: Rena Shannon, President. Beach Festival Chairman Telephone Number: 407-498-4440 Ext. 4277 Park Location: Beach - Atlantic Avenue and Ocean Avenue (AlA) Date(s) of Permit: July 25-26, 1992, Saturday & Sunday Description of Activity: Volleyball, Prindle Golden Cup Yacht Regatta, Sale of soft drinks, ice cream, hot dogs. 5K run, Competitions on the beach. - The following arrangements, activities or conditions have been approved and agreed upon: , The rules and regulations regarding the Delray Beach Parks and Recreation Department - . . policy must be complied with. As the,permit holder I understand that I am respon- sible for the actions of the group and that this permit may be revoked at any time for~ncompliance with park rules, regulations, ordinances. Insurance Requirements Limits Comprehensive General Liability Policy $'1,000,000.00 Special Events Policy $ Insurance Certificate Permittee shall indemnify, defend and hold harmless, the City, its officers, agents, and employees from and against all claims. suits, actions. damages, liabilities, expenditures. or causes of action of any kind arising out of or occurring during the activities of permittee. and resulting or accruing from any negligent act. omission or error of permittee, resulting in a relating to injuries to body, limb or property sustained in, about or upon the permitted premises or improvement thereto. or arising from the use of the premises. June 8. 1992 /;;,u "JJ~ DATE SIGNA E & TITLE OF AUTHORIZED REPRESENTATIVE I -- APPROVAL: DIRECTOR, PARKS AND RECREATION DEPARTMENT .. ,. DELRAY BEACH SU:;IUSE KIWASIS lb IH !~"JNUAL Bb\UI 1'1--::' 11 \; L\L JULY 25, 1992 NAME: PHONEtI MAILING ADDRESS; STREET CITY, STATE, ZIP CODE THIS IS A RELEASE, WAIVER, AND INDEMNITY AGREEMENT I understand that the *Releasees may not allow me to participate in the DELRAY BEACH SUNRISE KIWANIS 15th ANNUAL BEACH FESTIVAL (henceforth referred to as the "EVENT" unless I enter into this agreement with them. Therefore, in exchange for permission to participate, I make the following representations which I understand the Releasees are relying on. I agree to abide by the Rules and Regulation of the "Event" and I understand that if I do not abide by these Rules and Regulations, I can be excluded from the "Event". I hereby attest and verify that I am physically fit and sufficiently trained for this "Event". I further attest that I am or will be at least eighteen (18) years of age on the "Event" day OR have had my parent or legal guardian sign this Release, Waiver, and Indemnity Agreement. I understand and agree that this agreement is intended to provide as much protection to the Releasees as the Laws of Florida permit, and that if any part of this agreement is held to be invalid, the remaining provisions of the agreement shall continue in full force and legal effect. RELEASE, WAIVER, AND INDEMNITY PROVISIONS FOR BENEFIT OF RELEASEES In affirming the truth of the foregoing statements and my understanding of them and in order to receive permission from the Releasees to participate in the "Event", I further agree as follows: On my own behalf and on behalf of anyone who can make a clain on behalf or because of me, as a result of my involvement or participation in the : Even t " , I hereby waive, release, and discharge all the Releasees and anyone who works for or has any relationship with them whatsoever from any and all claims and lawsuits of whatever kind or nature which I may have, have now, or ever will have as a result of anything arising out of or in connection with the "Event", even if I suffer the loss of money, property, health, or life, irrespective of who is or who may be at fault, or whose negligence, including the negligence of the Releasees, may have caused any such loss, injury or death. I also agree to indemnify, save, and hold harmless the Releasees, jointly and independently, from any loss, liability, damage, or cost which any of them or their agents might incur because of my participation in or presence a.t the location of the "Event", even if the loss, liab il ity, damage, or loss of cost was caused by the negligence of any of the Releasees. I also agree that I have the sole responsibility for my own personal possessions and athletic equipment during the "Event" and it's related activities. I hereby consent to receive medical treatment which may be deemed advisable, in the event of injury, accident, and/or illness during the "Event". I hereby permit the free use of my name and picture in broadcasts, telecasts, and the press as they pertain to the "Event". RELEASEES: USLA SER; Delray Beach Sunrise Kiwanis; City of Delray Beach; Pr indle c: l:\ ,;,; Association of Florida; Florida Volleyball, Inc. and Leukemia Society of America. (print) -"--- -"- _.---- Name Signature Il.l r I' ,. ,. POLICY NUMBER: SVP Dl 69 62 35 l COMME.=1CiAl GENERAL liABILITY THIS ENDORSEMENT CHANGES THE POLlCY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LJABIUTY COVERAGE: PART. SCHEDULE l. Designation of Premises (Part Leased to You): Del Ray Beach. FL 2. Name of Person or Organization (Additional Insured): "SEZ BELOW" 3. Additional Premium: INCLUDED (If no entry appears above. the inforn:tation required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) WHO I SIN SUR ED (Section II) is amended to indude as This insurance does not apply to: an insured the person or organization shown in the 1. Any "occurrence" which takes place after you Schedule but oniy wIth respect to liability arising out cease to be a tenant in that premlses_ of the ownershiP. maintenance or use of that part of the premises leased to you and shown in the Schedule 2. Structural alterations. new construction or dem- and sublec, 1:0 the following additional exclusions: olition operations performed by or on behalf of the person or organization shown 10 the Sched- ule. EVENT : 16th Annual Beach Festival - "Sponsoring Event" DATE: July 25. 1992 ADDITIONAL INSURED: City of Del Ray Attn: Joe Weldon Parks & Recreation Dept. 15 NW First Avenue Del Ray Beach. FL 33444 CG 20 11 II 85 COPYright. Insurance ~ervices Office. Inc.. 1984 ,..., '-1 ,. ,. . - --"---~-'-"-'-'" ~-'-'-'-'---'-'------- -.--.----. -- -----.----- ,----~.. - -------_.--- - A4:<<tIUt. CERTIFICA TE OF INSURANCE ISSUE DATE (MMiDD/YYI I . j 6/8/92 , i PRODUCER , , j WELLS & COMPANY, INC. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. I P. O. BOX 397 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW I 8445 Keystone Crossing, Suite 200 I Indianapolis, IN 46206-0397 COMPANIES AFFORDING COVERAGE f~~~~NY A CIGNA Insurance Group CODE SUB.CODE INSURED f~~~~NY 8 KIWANIS INTERNATIONAL, ALL CLUBS AND THEIR MEMBERS, INSURED LOCAL CLUB: f~~~~NY C Attn: Rena Shannon f~~~~NY D Sunrise Kiwanis Club of Del Ray 2307 Linton Ridge Circle IIC7 f~~~~NY E Del Ray Beach, FL 33444 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN., THE INSURANCE AFFORDED BY THE POLlCI:=S DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE S 2,000 A X COMMERCIAL GENERAL LIABILITY SVP Dl 69 62 35 1 11/01/91 11/01/92 PRODUCTS.COMP/OPS AGGREGATE S 2,000 CLAIMS MADE X OCCUR. PERSONAL & ADVERTISING INJURY S 1,000 OWNER'S & CONTRACTOR'S PROTo EACH OCCURRENCE 5 1,000 FIRE DAMAGE (Anyone firel S 50 MEDICAL EXPENSE (Anyone oerson) S AUTOMOBILE LIABILITY COMBINED 11/01/91 11/01/92 SINGLE S 1,000 A ANY AUTO CAL HO 45 74 42 4 LIMIT ALL OWNED AUTOS BODIL Y INJURY S SCHEDULED AUTOS iPer person) X HIRED AUTOS BODILY :{ INJURY $ NON.OWNED AUTOS (Per aCCident) GARAGE LIABILITY PROPERTY DAMAGE S EXCESS LIABILITY EACH AGGREGATE OCCURRENCE S 5 OTHER THAN UMBRELLA FORM STATUTORY WORKER'S COMPENSATION $ (EACH ACCIDENT) AND S (DISEASE-POLICY LIMIT) EMPLOYERS' LIABILITY {DISEASE-EACH EMPLOYE $ OTHER DESCRIPTION OF OPERA TIONS/LOCA TIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS All operations and locations of named insureds arising out of Kiwanis sponsored activities or events. PERSONS OR ORGANIZATIONS granting use of premises or facilities to Kiwanis or any local club are ADDITIONAL INSUREDS as regards their liabilit arisin out of the use of their remises or facilities b Kiwanis. CERTIFICA TE HOLDER CANCELLA TION City of Del Ray SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO Attn: Joe Weldon MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Parks & Recreation Dept. 15 NW First Avenue LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Del Ray Beach, FL 33444 LIABILITY OF ANY KIN PO OMPANY. ITS AGENTS OR REPRESENTATIVES. ! I ACORD 25-5 (3/88) w. - .~..----_._- ,. ) ) PRINDLE GOLD CUP SAILING EVENT SCOPE: Two day catamaran sailing event with a cook out and prize give away Saturday and the trophy presentation on Sunday. This race will be number five of a ten race series organized by the Florida Prindle Class Association. BEACH REQUIREMENTS: 1) Storage of boats and trailers will be between the southern most life guard station and the south boat ramp. This area will be fenced off from the general public and "no swimming" signs will be posted at the waters edge. One designated tow vehicle will be used to take boats on and off the beach. 2) Registration will be held under a canopy located at the end of the boat ramp toward the top of the beach area. This tent will also be the control station for the event. 3) The food and refreshment stand will be located next to the registration canopy. Hot dogs and ham burgers will be prepared fresh on an enclosed gas grill. This area will have all necessary emergency equipments as required by the Fire Department. Refreshments will be ice water and Pepsi. SAFETY PRECAUTIONS: All safety measures to be run by the the control station. 1) Monitor the boat ramp area allowing only registered participants into the reserved area. 2) Maintain radio contact with race committee boats and the life guards. ~andatOry life preserver for each racing participant. 4) Maintain a Class A auto and boat first aid kit. ~ ~- 5) Adhere to all life guard warnings and precautions. SPONSORS TO DATE: 1) Deer Park Water 2) Delray Marine Co~st. Co. . 3) Sir Speedy printing . . . .. " A1A - OCEAN BLVD SIDE WALK GRASS MEDIAN )( - '" ><..- X )( ~ PAVED RAMP I I I ~ ^ I )< RESERVED AREA I 120' X 100' ~ )( REGISTRATION AND I CONTROL CANOPy I )( x REFRESHMENT AND I I FOOD CANOPY ~-~-X-~-~-~-A-~-~ TEMPORARY FENCE / . - r- NO SKIMMING SIGNS ~ e <3 G G) e . . ..----. .. ~ "---- . . ..- ~--_.-::::::-...._.-. ----- ..._~ . . '-~ - . .. -...---.... -, -... --". -- ATLANTIC OCEAN .- ,. ~ , i VOLLEYBALL TOURNAMENT PROPOSAL To THE CITY OF DEL RAY BEACH THE DELRAY BEACH KIWANIS AND THE DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E. ) PROGRAM From FLORIDA VOLLEYBALL of the Palm Beaches INC. March 25, 1992 ~ . ~(;.~ ".. LU-' /1" \ C, 1 ( 'v / , \i L&- . //' . \ ') ( ~~\ \(V \ .. "'=3E2 A) Provide a high quality volleyball tournament as part of the annual Delray Beach Festival. B) Attract community involvement to Delray Beach. C) Raise money for the associated charity. I I RE2'=3pc::>n'=31bllltlE2'=3 A) FLORIDA VOLLEYBALL of the Palm Beaches INC. 1 ) Provide interested parties with a calender of tournament events and advertise through Florida Volleyball's bi-monthly mailout. That mailing reaches 1,500 players. 2) Seek remote and local businesses for sponsorship. 3) Organize and run the doubles beach volleyball tournaments. 4) Provide 601. of the net player entry fees to the charity. This is after deducting $100.0(l) per day director's fee and any T-shirt expenses. -OR A flat rate of $500.00. 6 ) Charge a $15.0(l) entry fee per player. B) DEL RAY BEACH FESTIVAL Organizers 1 ) Provide sufficient lnsurance to cover the volleyball event. 2) Keep Florida Volleyball updated when changes occur. 3) Provide poles and manpower to install additional courts. 4 ) Secure sufficient media coverage to attract sponsors. This needs to be done by the beginning of May 1992. ,. HI I I I Be=rle=f.:i..t.'5 A) Charity 1 ) Charity will receJ.ve 601. of net entry fees 'or everything over $ 5lZHZl. 00 . \ C) Athletes 1 ) Participants travel from all over the United States to play J.n events. 2) Consistent annual event site for players. 3) Opportunity to win prizes and cash rewards. 4) Opportunity to compete against the best J.n the sport. 5) Players get media exposure. D) Businesses 1) As sponsors J.n the events, businesses benefit by player, spectator and media exposure for their product. 2) As non-sponsors in the events, local businesses get residual sales. E) FLORIDA VOLLEYBALL INC. 1 ) Florida Volleyball Inc. benefits with 401. of net entry fees or $500.00. 251. of all volleyball sponsor fees to cover all other expenses. .. '''I' ,. Delray Beach FE"stl,val Volleyball Tournament SPONSORSHIPS PRIMARY SPONSORS 0 Bold logo on'posters. 0 Bold logo on event T-shirts. 0 VIP seats for the tournament. 0 Sponsorship radio announcements during tournament. 0 Hotel room for four on tournament weekend. 0 Sponsor and contestant dinner. 0 Sponsor booth. 0 First right of refusal for future events. 0 Logos printed on Florida Volleyball's mailouts. Package Cost: $~0+ a minimum of 12 product prl.zes. ~ .s DO . c .l SUPPORTING SPONSORS 0 Name on posters._ Lic:,~d~ 0 Name on event T~shirts. 0 Sponsorship PIA announcements during tournament. 0 Sponsor and contestant dinner. 0 Name printed on Florida Volleyball's mailouts. Package Cost: ~(Z)(Z) + a minimum of 12 product prizes. ~ ~SO l, .. .."" ,. Delr-ay Beach Festival Volleyball Tour-nament FORMAT 1 - Six doubles divisions; womens A/AA; mens B/'A/AA; Police officer-s C. '. AA = Exper-ienced to pr-ofessional. A = Inter-mediate. B = Beginner-. C = Recr-eational. 3 - Pr-izes thr-ough thir-d place in each division. 4 - Pool play for-mat then single-elimination playoffs. " H' " Delray Beach Festival Volleyball Tournament COST BREAKDOWN FLORIDA VOLLEYBALL FEES '. 0 Twenty-five percent (251.) of all sponsorship money. 0 Forty percent (401.) of net entry fees plus $100.00 director fee OR a flat rate of $500.00. BENEFIT PROGRAM 0 Fifty percent (501.) of all sponsorship money. 0 Sixty percent (601.) of all en try fees. PLAYER PRIZE PURSE 0 Twenty-five percent (251.) of all sponsorship money. This money is pro-rated between the mens AA and womens AA division based on participation and total purse. .. '''1 NON-EXCLUSIVE LICENSE AGREEMENT This agreement, made on this _ day of June, 1992, between the City of Delray Beach, Florida, a municipal corporation, ("CITY"), and the Delray Beach Sunrise Kiwanis, ("KIWANIS"), witnesseth: WHEREAS, Section 101.25(B) of the Code of Ordinances of the City of Delray Beach, Florida prohibits the selling of goods, property, or services on the east side of State Road AlA, except pursuant to a nonexclusive license agreement; and WHEREAS, the KIWANIS desire, as part of their annual Beach Festival, July 25-26, 1992, to sell ice cream, soda, hot dogs, and T-shirts, with proceeds of the sales donated to the D.A.R.E. Program; and WHEREAS, the CITY, in recognition of the successful operation of the KIWANIS Beach Festival over the past several years, and the desire to assist in fundraising for the D.A.R.E. Program endorses this fundraising effort; NOW, THEREFORE, in consideration of the covenants and agreements contained herein, the parties hereto mutually agree as follows: 1. The CITY does hereby grant to the KIWANIS the non-exclusive right and the KIWANIS do hereby accept from the CITY the non-exclusive right, and agrees to operate two ( 2 ) concessions areas (hereinafter more fully defined) one at the east end of Atlantic Avenue at the intersection of State Road ,. .. . AlA, and the second at the south end of the City of Delray Beach Municipal Beach. 2. Purpose: The KIWANIS agree to sell from one trailer parked at the predetermined locations, only the following items: soda, ice cream, hot dogs, and T-shirts associated with the associated Beach Festival. 3 . Term: This non-exclusive license agreement shall be effective from 7:00 a.m. to 5:00 p.m. on Saturday, July 25, 1992, and from 7:00 a.m. to 5:00 p.m. on Sunday, July, 26, 1992. 4. Rules and Requlations: The rules and regulations regarding the Delray Beach Parks and Recreation Department policy must be complied with. As the license holder, the KIWANIS understand that they are responsible for the actions of the organization, and that this license agreement may be revoked at any time for noncompliance with CITY rules, regula- tions, and ordinances. 5. Insurance: The KIWANIS agree to maintain a Comprehensive General Liability Insurance Policy with a minimum coverage of one-million dollars ($1,000,000) for each occurrence, and have an insurance certificate issued listing the CITY as an additional insured. 6 . Indemnification: The KIWANIS shall indemnify, defend and hold harmless, the CITY, its officers, agents, and employees from,and against all claims, suits, actions, damages, liabilities, expenditures, or causes of action of any kind arising out of or occurring during the activities of the 2 It J'", .. . . KIWANIS, and resulting or accruing from any negligent act, omission or error of the KIWANIS, resulting in or relating to injuries to body, limb or property sustained in, about or upon the permitted premises or improvement thereto, or arising from the use of the premises. 7. Assiqnment: The KIWANIS shall not assign or transfer its rights and privileges granted under this agree- ment, either in whole or in part, without first obtaining the written consent of the CITY. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year first above written. CITY OF DELRAY BEACH, FLORIDA By: Mayor Attest: City Clerk Approved as to legal sufficiency and form: City Attorney WITNESSES: DELRAY SUNRISE KIWANIS Rena R. Shannon, Chairperson (Name printed or typed) (Name printed or typed) 3 " "il .. . . STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Title or Rank Serial Number, if any (Notary Seal) 4 ,. Hf. " . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM ~~c, - MEETING OF JUNE 23. 1992 METROPOLITAN PLANNING ORGANIZATION BICYCLE FACILITIES CONCEPT PLAN DATE: June 19, 1992 This item is before you to approve the MPO's Bicycle Facilities Concept Plan. The bicycle facilities planning and design process was established out of a need to create safe environments for bicyclists. This proposed program is consistent with the provisions of our Comprehensive Plan. The Planning and Zoning Board at their June 15th meeting recommended approval of the MPO's Bicycle Facilities Concept Plan with the following changes: -Removal of the University Parkway corridor. -Revise the Morikami corridor to use Old Dixie Highway/FEC Railroad north/south instead of Brant Drive/Lindell Boulevard. -Revise the Delray corridor to use the N.E. 3rd Street/FEC Railroad north/south instead of Swinton Avenue. -Add Barwick Road corridor from the north city limits to West Atlantic Avenue. -Add Atlantic Avenue corridor from Jog Road to A-i-A. -Add Homewood Boulevard corridor from West Atlantic Avenue to Linton Boulevard. -Add Linton Boulevard corridor from Homewood Boulevard to A-i-A. Recommend approval of the MPO's Bicycle Facilities Concept Plan with modifications as recommended by the Planning and Zoning Board; and direct staff to coordinate these recommendations with the MPO. ,. ""I " Kft60(? "'":/..;{':..,,"7. /:....+:' '* ~.............. fl-.t.tK,.t-~ ::. ' ,,' C ~~~<'> .' ..:,..&.;;tC)i..(,.~ t.."., J:h, i'\ ,~.,\ ("' C I T Y COM MIS S ION DOC U MEN TAT ION TO: (~! ,DAVID, T:, HjDF~' CITY MANAGER ,v"\', au. ,J__ ,.JLOC)(1/C' "'L THRU: 'D~VID J . kOVAcs, DIREC'"TOR DEPARTMENT OF PLANNING AND ZONING FROM: GREG LUTTRELL, TRAFFIC ENGINEER (JJ,l3t.P SUBJECT: MEETING OF JUNE 23, 1992 METROPOLITAN PLANNING ORGANIZATION/BICYCLE ADVISORY COMMITTEE LONG RANGE BICYCLE FACILITIES CONCEPT PLAN ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the MPO Long Range Bicycle Facilities Concept Plan as has been revised by staff. BACKGROUND: The bicycle facilities planning and design process was established out of a need to create safe environments for bicyclists. The Metropolitan Planning Organization (MPO) adopted a "Comprehensive Bicycle Plan" in May, 1990. This Plan outlines methods for the four E's (encouragement, education, enforcement, and engineering) to be used to provide a safe and efficient bicycle facility network. Following adoption of the Bicycle Plan, the MPO Bicycle Advisory Committee (BAC) engineering subcommittee began work on implementation. The Long Range Bicycle Facilities Concept Plan (LRP) was developed and is currently at the municipal level for review and comment. These five objectives led the BAC to prepare a draft Long Range Bicycle Facilities Map (LRP). This map was prepared using broad brush route selection techniques. It may not therefore represent all the desirable future bicycle facility corridors when viewed at the municipal level. For this reason, the draft LRP has been forwarded to the larger cities (including Delray Beach) for local review and comment. PLANNING AND ZONING BOARD CONSIDERATION: This Long Range Bicycle Facilities Concept Plan (LRP) was presented to the Planning and Zoning Board at their June 8, 1992 Workshop. Comments from that meeting were incorporated into a revised staff report. This item was approved 5-0 by the Planning and Zoning Board at their June 15, 1992 Regular Meeting. .. " City Commission Documentation Metropolitan Planning Organization/Bicycle Advisory Committee Long Range Bicycle Facilities Concept Plan Page 2 RECOMMENDED ACTION: By motion, approve the "City Recommended Long Range Bicycle Facilities Corridors" as shown on the map; and, recommend the University Parkway Corridor be removed from the Long Range Bicycle Facilities Plan; and, direct staff to coordinate these City recommendations with the MPO. Attachments: * Planning and Zoning Staff Report and Documentation of June 9, 1992 * MPO recommended facility and City recommended facility maps GL/#4/BICYCLE2 ,. " -- PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: PLANNING AND ZONING B A~ ~J / THRU: DAVID J. VAC, DIRECTOR OF PLANNING AND ZONING FROM: GREG LUTTRELL ~ TRAFFIC ENGINEER RE: REGULAR MEETING OF JUNE 15, 1992 METROPOLITAN PLANNING ORGANIZATION/BICYCLE ADVISORY COMMITTEE LONG RANGE BICYCLE FACILITIES CONCEPT PLAN DATE: JUNE 8, 1992 REVISED JUNE 9, 1992 I T E M B E FOR E THE BOA R D: The item to be considered by the Planning and Zoning Board is the draft MPO long range bicycle facilities corridor plan. The action requested is to provide a recommendation to the City Commission relating to designation of long range bicycle facility corridors as it pertains to this plan. B A C K G R 0 U N D: The bicycle facilities planning and design process was established out of a need to create safe environments for bicyclists. In 1982, when the State Standards were adopted, Florida ranked number one in the nation in per capita bicycle accidents. In 1985, 376 reported bicycle accidents occurred in Palm Beach County. In 1986, this number increased to 453. In 1991, 35 reported bicycle accidents occurred in the City of Delray Beach (see attachment). In 1982, the Florida Department of Transportation adopted an official Standards Manual titled "Bicycle Facilities Planning and Design Manual". This Manual defined a planning process for the creation of bicycle facilities. This process is shown graphically in the attached chart. The Metropolitan Planning organization (MPO) adopted a "Comprehensive Bicycle Plan" in May, 1990. This Plan outlines methods for the four E's (encouragement, education, enforcement, and engineering) to be used to provide a safe and efficient bicycle facility network. This plan was closely coordinated with FOOT so that local recommendations met state Standards. FOOT has also partially funded a bicycle coordinator position for Palm Beach County. .. "". ,. Planning and Zoning Board Long Range Bicycle Facilities Concept Plan Page 2 -- Following adoption of the Bicycle Plan, the MPO Bicycle Advisory Committee (BAC) engineering subcommittee began work on implementation. Two major products have recently come out of the subcommittee's work: - Bicycle friendly roadway cross-sections - Draft long range bikeway facilities concept plan The new roadway cross-sections have been adopted by the County for use on all County road projects. These cross-sections are proceeding through the MPO technical review process toward adoption by the MPO as recommended road cross-sections for all roadway projects. The Long Range Bicycle Facilities Concept Plan (LRP) is currently at the municipal level for review and comment. This LRP outlines regional bicycle corridors east/west and north/south. These regional corridors are based on a 2-3 mile spaced grid. They are to serve as an arterial framework for local bicycle facilities, and create a Countywide continuity for longer range bicycle travel. Attached is a letter from Mr. Wendell Phillips, Bicycle Coordinator, MPO, outlining the LRP objectives. Ultimately, a local municipality can overlay a system of local bicycle facilities on to this LRP. These local corridors would serve local bicycle travel needs. COM PRE HEN S I V E P LAN CON SID ERA T ION: The City's Comprehensive Plan (Traffic Element) contains a goal area which states: "Alternative (to the automobile) transportation options shall be created especially for recreational and leisure purposes (Goal Area "0")". The goal area contains specific objectives relating to bicycle transportation. "Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles (Objective D-l)". f. Policies D-2.1, D-2.3 and 0-2.4 also specifically addresses the creation, monitoring, and improvement of bicycle facilities. Support of the IJU> partially satisfies the direction given in the City's Comprehensive Plan relative to bicycle facilities. .. ,. Planning and Zoning Board Long Range Bicycle Facilities Concept Plan Page 3 M P 0 PRO P 0 S A L: OBJECTIVES: The MPO Bicycle Advisory Committee (BAC) examined corridors for designation as regional bicycle routes that accomplished the following objectives: l. Routes along the ocean/beach (A-I-A)as a recreation corridor. 2. / Routes which provide access to the ocean/beach corridor. 3. Routes which establish a Countywide network of bicycle facilities for long distance travel. This grid of regional routes is to be provided based on corridors no more than 2-3 miles apart. 4. Routes should connect major employment and shopping centers, like downtown, and recreation facilities with residential concentrations. 5. Establishment of a system of bicycle facilities similar to an arterial system of streets, where safe longer range bicycle travel can be provided. These five objectives led the BAC to prepare a draft Long Range Bicycle Facilities Map ( LRP) . This map was prepared using broad brush route selection techniques. It may not therefore represent all the desirable future bicycle facility corridors when viewed at the municipal level. For this reason, the draft LRP has been forwarded to the larger cities (including Delray Beach) for local review and comment. ROUTES: The following proposed regional routes are shown to and through the City (refer to attached map). NORTH/SOUTH - A-I-A - Jog Road - Loxahatchee/SR7 open space corridor - University Parkway EAST/WEST - Flavor-Pic Road to Barwick Road, south to lake Ida Road, then east to Swinton Avenue. From that point in two routes. One north to George Bush Boulevard then east to A-I-A. The other south to Atlantic Avenue, and east to A-I-A (Delray Corridor). .. Planning and Zoning Board . . Long Range Bicycle Facilities Concept Plan Page 4 - From the west using the L-38 and C-15 canals to Brant Drive then north to Lindell Boulevard and then S.W. 10th Avenue to Linton Boulevard. Then Linton Boulevard east to A-I-A (Morikami Corridor). These routes will be priority corridors for the creation of upgraded bicycle facilities. A N A L Y S I S . . ROUTES: Bicycling continues to be a viable method of transportation in South Florida. The preparation of the LRP (attached) by the MPO Bicycle Advisory Committee is the first step necessary to build a more comprehensive bicycle facility network. These future corridors will serve as the backbone to a Countywide bicycle network. This network will provide safe, separate, and continuous routes for long range bicycling. The following analysis was prepared from a review of the draft MPO plan relative to Delray Beach concerns. These routes are shown on an attached map. NORTH/SOUTH ROUTES - A-I-A - This road currently has pathways along one side of the road. Upgrading of the existing facilities" and addition of new bicycle facilities is beneficial as A-I-A currently serves inter-area cyclists, the beach and beach parks, and the downtown. - Jog Road - No bicycle facilities currently exist on this road. - Loxahatchee/SR7 open space corridor - No bicycle facilities currently exist on this corridor; however, future facilities have been previously identified in the County Linked Open Space study and represents a western bicycle corridor. .- University Parkway - No bicycle facilities currently exist on this proposed roadway corridor. Future need for this corridor has been opposed by the City. It is therefore not appropriate to plan a bikeway corridor for this facility. - Barwick Road, Lake Ida Road to West Atlantic Avenue - Currently pathways exist on one side of this road. Upgrading of existing facilities and construction of new facilities would better serve Banyan Creek Elementary and the new middle School, as well as area parks/ development. It .. Planning and Zoning Board Long Range Bicycle Facilities Concept Plan Page 5 - Homewood Boulevard, West Atlantic Avenue to Linton Boulevard - Bicycle facilities currently exist along this road on one side. Upgrading of these facilities and the creation of additional facilities would better serve the surrounding residential developments. This was requested by area residents during the January public input hearings. - Old Dixie Highway/ F.E.C. railroad, south city limits to NE 4 street - Currently no bicycle facilities exist along this corridor. This represents a corridor which would connect the downtown with southern recreation areas (Miller Field, Leon Weeks Preserve) as well as south city residents to the downtown. This would be the north/south route between the Intracoastal and 1-95. EAST/WEST ROUTES - Flavor-Pic Road to Barwick Road, then south to Lake Ida Road and eas t to Swinton Avenue. Then in two routes to A-l-A. North to George Bush Boulevard and east to A-I-A, or, south to Atlantic Avenue and east to A-I-A (Delray Corridor) - Currently there are bicycle facilities only on Barwick road as discussed above. Creation of future bicycle facilities along Swinton Avenue should not be shown on the LRP. The City is currently under design to beautify this road. The addition of bicycle facilities would hinder this design effort and reduce the available area for the beautification. A more suitable route would be the F.E.C. railroad right-of-way from NE 4 Street to East Atlantic Avenue and NE 3 Avenue or the Railroad, north to George Bush Boulevard. - From the west using the L-38 and C-15 canals to Brant Drive then north to Lindell Boulevard and S.W. 10th Avenue to Linton Boulevard. Then Linton Boulevard east to A-I-A (Morikami Corridor) - Currently no bicycle facilities exist along this, route. Use of these Canals have been identified in the County Linked Open Space study. The creation of bicycle facilities along Brant Drive Lindell Boulevard would result in increased travel along this corridor through Tropic Palms. A corridor along the F.E.C. railroad right-of-way to the east of Tropic Palms would be contiguous to the proposed downtown north/south corridor. The railroad route, which is recommended, would also directly serve the Leon Weeks preserve and Miller Park facilities while connecting into Linton Boulevard adjacent to the restaurants (DBO Acres development). This corridor (Morikami Corridor) uses the Linton Boulevard Bridge to cross the Intracoastal. This structure is currently wide enough for the creation of on-road bicycle lanes for use by bicyclists to cross the bridge. .. Planning and Zoning Board Long Range Bicycle Facilities Concept Plan Page 6 - Atlantic Avenue, Jog Road to A-I-A - No bicycle facilities currently exist along this route. The City Commission approved at a workshop in February, 1992, a County proposal for the inclusion of on-road bike lanes with the construction of West Atlantic Avenue from 1-95 to Jog Road. This project is scheduled for construction in County FY 92/93. Atlantic Avenue represents a central road into the downtown and the creation of bicycle facilities along it would encourage people to bicycle east/west on this route. - Linton Boulevard, Homewood Boulevard to A-I-A - Currently, no bicycle facilities exist along this corridor. Creation of bicycle facilities along this route could follow the canal and serve to connect the neighborhoods west of 1-95 to the commercial and recreation areas east of 1-95, and the beach. Inclusion of this corridor in the LRP will require bicycle facilities to be included ,in any interchange reconstruction. Recommended long range bicycle corridors are shown on an attached map. FUNDING: Previously, direct funding for bicycle facilities has only been available through either the County pathway Fund ($500,000/ year) or roadway construction projects. The passage of the National Intermodal Surface Transportation Efficiency Act of 1991, created direct funding for bicycle facility construction. These funds are available for projects in the County and will be programmed through the MPO. Bicycle facilities begin the programming process with the MPO Bicycle Advisory Committee. The process for including a project into the MPO defined work program begins with project identification. A description of the process is attached. The creation and adoption of the LRP is the first step in the funding process. R E COM MEN 0 A T ION S: The Planning and Zoning Board recommend to the City Commission to request the following changes be made to the proposed MPO Long Range Bikeway Facilities Concept Plan, and such changes be transmitted by staff to the MPO Bicycle Advisory Committee. 1. Removal of the University Parkway corridor. .. Planning and Zoning Board Long Range Bicycle Facilities Concept Plan Page 7 2. Revise the Morikami corridor to use Old Dixie Highway/ F.E.C. Railroad north/south instead of Brant Drive/Lindell Boulevard. 3. Revise the Delray Corridor to use NE 3 Street/ F.E.C. Railroad north/south instead of Swinton Avenue. 4. Addition of a Barwick Road corridor from the north City Limit to West Atlantic Avenue. 5. Addition of an Atlantic Avenue corridor from Jog Road to A-I-A. 6. Addition of a Homewood Boulevard corridor from West Atlantic Avenue to Linton Boulevard. 7. Addition of a Linton Boulevard corridor from Homewood Boulevard to A-l-A. Attachments * 1991 Bicycle Accidents * Bicycle planning process chart * Maps * MPO bicycle work program process GL/#4/BICYCLE .. .. . ~ C a:: !AI g.. ... La...:ii Vi w L !E l- . ... Vi :J:'" w U'" Q ... ~~ U z z~ u .... l.&JQ ~ Q m"" U )-C z u t; ~ ~ ~C I N ~ ~ 0:::;2 -I- i Dl u ""';2 ~ -t; C;2 &II _ I .. IlL m La... <I Q Z 0 ~ 00:: w C) ~ ~ .......--.. -.........-....... U flf a 01 JJyLS , :In :lAY NOlNIMS I O~ I ~ :lAY t 0 JlS i w ... .. I . I SSlll!lN~ . . Z ~ . a:: I f-tn VlLaJ a LaJ..- 0- ~ lIJtn ! -Q. en ..- moZ -zLaJ i -c(C ....., I I:&JO . . N ..JO . 01 u~ I I . N >- . N 0 I - CD .ulYU11R . . . . L-J " .. 01/23/92 CITY OF DELRAY BEACH. FLORIDA BICYCLE & PEDESTRIAN ACCIDENTS 1991 SORT BY BICYCLEI PEDESTRIAN ================================================================================ BICYCLE (B) B/P* B/P AT HELMET PED (p) DATE TIME LOCATION SEVERITY FAULT WORN? ================================================================================ B 3/7 833 115 NE 6 AVE I YES B 4/8 952 3434 LAKE IDA RD (WINN DIXIE) I YES NO B 10/7 2409 AlA 1/2 MILE S OF LINTON N NO NO B 10}20 1512 A1A/BAUHINIA DR. I NO NO B 4/28 1044 A1A/CASUARINA I NO NO B 1/23 1420 AlAINE 8 ST I YES NO B 6/30 2448 CONGRESS/SW 10 ST I NO NO B 4/26 2132 I95/SR806 I YES YES B 5111 413 LAKE IDA 300' E OF DAVIS RD I YES YES B 5/24 1027 LAKE IDA/CONGRESS I NO ~O B 3/12 711 LINTON/CONGRESS N NO YES B 4/21 2130 LINTON/CONGRESS N NO NO B 12/30 1058 LINTON/M.T. I NO NO B 5/14 1857 LINTON/SW 8 AVE I YES NO B 6/16 1406 LOWSON/SW 21 TERR I YES NO B 2/18 1930 SE 2 AVEINE 4 5T I NO NO B 3/4 1708 NE 6 AVE/NE 7 ST I YES NO B 10/5 1205 NE 6 AVEINE 8 5T I NO NO B 4117 2452 NW 5 AVE/NW 1 ST I NO NO B 1/4 1523 NW 9 5T/NW 1 AVE I YES NO B 5/31 1038 SEACRE5T/SEACRE5T CrR I NO NO B 11/14 1633 SRa06/200' E OF M.T. I YES tW B 4/13 2147 SR806/NW 5 AVE N YES NO B 11/3 730 SR806/NW 8 AVE I YES NO B 10/24 821 SR806/SW 11 AVE I YES ~O B 11/12 2415 SR806}SW 5 AVE I YES NO B 3/19 2123 SR806/SW 7 AVE I NO NO B 10/7 644 SR806/W. 8 AVE I NO NO B 6/5 1121 SW 10 ST 250' E OF CONGRESS I YES NO B 6/3 1637 5W 10 5T/SW 15 AVE I NO NO B 8/15 1820 5W 15 AVE}SW 2 5T I YES NO B 9/15 1631 SW 4 ST/SW 3 AVE I YES YES B 6/7 2121 SW 5 AVE/SR806 I NO NO B 9/30 2055 SW 8 AVE/SW 3 51 I YES NO B 8/15 1516 SWINTON/SW 4 AVE I YES YES ------------------ ------------------ TOTAL: 35 ------------------ ------------------ * N = no injury I = Injury of bicyclist .. , . . BICYCLE ACCIDENTS - un- 8 ......................................................................--..-.---..-----.--.----.-.................................................. 7 U'I ,JJ ...........................--.--.--.--...--.....- ..-.....-..............-..-.--.-..... c , QJ 'C ....-..--....-......---. .... 5 (J CJ ................................. I'G 4 ... 0 3 L QJ 2 cO s: :;, 1 C 0 3M FED 1m tiR MY JJt n Ui SfP ref toJ DEe Month II tu[{ft (f rtCloanS '. ',I - BICYCLE ACCIDENTS - 1"1 . , ............................................................................................................................................................................... ......................--.... '" 5 ~ 4 Q ... 8 ~ 3 ~ a: 2 ~ ! 1 Z 0 1M 2 3 4 5 , , I , 10 11 12 Ifill 2 3 4 5 , , I , 10 11 12 ? HOURS II of accids1ts? " '''.' . . . - BICYCLE ACCIDENTS - un - 1tWrr' (88.':1.) . -a- ru idE!lt sever ity? " '",I _. BICyCLE ACCIDENTS - 1991 - ~ (45.'X> -a- Bi~le at fault' . . . .- BICYCLE ACCIDENTS - 1991 - tf.) (82.'x) 1 (2.9X) . -fr Hell'let wm? " '''I e - ,. Organize for the Planning Process 4. Collect Identify Needs, 2. Identify Community Opportunities, and Issues and Needs. Basic Data Constraints.. and Other ... AfW Users III ~ f 3. Deline Goals, 5. Identily Existing 7. Develop Future Bicycle Travel Desire Objectives, and Potential USIIS lines and Major and Attainments. Demand Corridors . 8. Utilin Established -- Planning Principles 9. Develop Alternative Plans. and Design and Location Criteria 10. Utilize Evaluation 11. Evaluate Alternative Plans and Recommend Process and Criteria Preferred Plan' N 12. Adopt Plan III '" <<( :s: Go 13. Develop Phasing and Implementation Plan. 14. Develop Evaluation Procedure and Evaluate Plan 'Major Public Participation Recommended _- FIGURE 2.1. Comprehensive bicycle transportation planning process. " METROPOLITAN PLANNING ORGANIZATION OF PALM BEACH COUNTY 160 AUSlri3[,an Avenue, SUite 201 West Palm Beach, Florida 33406 Tel (4071684-4170 May 15, 1992 ~~~J .~~eL Mr. David J. Kovacs, Director of Planning & Zoning tLf2.01~ . City of Delray Beach ~@ "i- l-:V ~ WV 100 Northwest First Avenue ti Delray Beach, Florida 33444 ~ 1~~1 Dear Hr. Kovacs: P j ~ ~ I \1/fl' "'- Recent passage of the Surface Transportation Act of 1991 has increased the "/Ir importance of planning for alternative modes of transportation. Part of this new emphasis is on the provision of facilities for bicycling, and funding for their ~ construction. The Metropolitan Planning Organization staff, working with the Bicycle/Pedestrian ~#i Advisory Committee, County Engineering Department, and local bicycle clubs, has prepared the enclosed draft long Range Bikeway Facilities Concept Plan. Could you review this plan, particularly as it relates to your municipality, and return your comments to us by June 15, 1992. The basic concepts of this plan are these: - Ocean/beach front (AlA) corridor is the primary cycl ing venue for tourists as well as residents, and is the first priority, - access to the oceanfront is the second priority, - a "grid system" of long-distance countywide routes would be created so most residents would be only 2 to 3 miles from such a facility third priority, - bikeway routes would serve as many large-scale work, shopping, recreational, and educational facilities as possible, - Emphasis is being placed by FOOT and County Engineering on striped, marked, and signed four-foot-wide exclusive bicycle lanes on urban arterials. As the enclosed drawing might not be at the level of detail you desire, I am available to meet with you to more fully discuss this plan and the review process it is involved in. Our goal is to get bikeway construction projects in the Work Programs for the State and County. I I ~,QIJ1h~ . ~. ~~7i="~........~ . !' , " , ": , ,: '( 1 ~ !D) ,~ . -~. ~:_... ,'-'~-- - L.. J.Y~~; ~ i Wendell W. Phillips 1; ~ ~ i,:;: Bicycle Coordinator k!.d 1 8 1992 r PLANNING & ZONING PO Box 2429, West Pa'"" Beach, Florida 33402,2429 " ~ \, . !~~ (I\<2l .,. ~ ; i . - i ~ . r en lLJ :iE~ :::> : ..J I o w > ~ u ~ - ~ Ll. ~ Ll. ~ . <t .. - 0: ~ ... E ...-. o I en ! en - 1 ./.~~ ,; ,. Z ,. f~~1 ,. .~. :3 .~ w .~ z .~ ~<P' Q ~ a.. \3~ ~ N /'2 Cf) z <( >- l- #> ~J~ C) .- I <( W a:: z ~ 0 ~ 0.. ~, cJ C) 0 0: - z U J- W :: ZlL.:t: zoU 3: <( <( - - ...J UJ (!) ....J <..) - a. co W V1 z 3 Z - Z ~ a: ~ U 0- 1 ...J 0 It 0 - a. 0 ...J m u a:: .- w :E ,. ,,,,' r:...u:\_S.c:;.:. ::..:..2 tV . ~ . .~ ~ ..' \!!I 0:: w 0 , . I 1 z i2 0 . CII:::J & ~ ~: ~ :~ - 0... .~ 1 OCII:: -I - - ~Z Cw ~ ~ IJ ,. A LtJ . 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[X'ssible fz>r t~IS n~e (D[ Pre{ I ivt i nB Y\.{ Ch61 t'\ ee r'\ r\~ ot'" defa't I eel ~ke.h:~he~ of pVl:ljed wi CaJ9;-sec+loVls, dra.il/\a6e I +railC Ct>Vlt'rol I de . @ A P!'\1')\{a I "f p \'OJ ect pac kaBe. w 11'"e~\ 0ftO l'1 , b~ ~row;.o'l'1Y\6 &>\1t or a&a for ~Vld\t\b 4are i h\3\kt€"r\dYlCe @ ~ob~;1 F'rDjed pac~e to V\\POW/'rt!fo~s1 .fOr- It-. c\ v 7 i 0 \-\ On T. I. P. .;. \"'e\rl~ ~ 5!PAe. a~ TAC . " -..1 " . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: (lI>6ITY MANAGER SUBJECT: AGENDA ITEM 4t <:t 1:> - MEETING OF JUNE 23. 1992 FINAL PLAT APPROVAL/DRUG ABUSE FOUNDATION DATE: June 19, 1992 This item is before you to approve the final plat for the Delray Residential Treatment Campus of the Drug Abuse Foundation located on the southwest corner of S.W. 4th Street and Swinton Avenue. On April 24, 1992 the Site Plan Review and Appearance Board approved a minor modification to the site plan for this project. A condition of that approval was that the entire site be replatted to include Phase I and Phase II of the site development. The replat for the Drug Abuse Foundation was received in May 1991. However, that submission was not complete; therefore, the plat was put on hold until sufficient information could be provided. Revised plans and additional information was received by staff on June 12, 1992. All items of a technical nature have been addressed. The only remaining item is the submittal of a financial guarantee for the installation of a five foot sidewalk along Swinton Avenue betweem S.W. 3rd and 4th Avenues. Planning and Zoning Board consideration is not required for minor subdivision/boundary plats. Recommend approval of the final plat for the Delray Residential Treatment Campus subject to the condition that prior to the plat being released for recording, a financial guarantee be submitted for all public improvements. .. )v\,tttO " _' #eSf5 ~ J^,\:)~ , 0'. I \' -A~ i ~, Y . ~ f"'O \ ~ . . \ c:.\~\ '" ~ -tcv' ,;;1 . ~ v .' IrY ". 9 , . \w"'1' . ~ ,,' pt'. ~ ( \?, L. V''' Jr ~'o~ \. J,l'l-. ..,v" \)\!>>-~ D~/J:;' .~ (t' I" \.. I LL ~\.~ ./ll- , 6' VI' ~ ') ~ L' , \ q~ 7'~ ,. C I T Y COM MIS S ION DOC U MEN TAT ION TO: THRU: FROM: SUBJECT: MEETING OF JUNE 23, 1992 FINAL PLAT APPROVAL **CONSENT AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the final plat for the Delray Residential Treatment Campus (Drug Abuse Foundation). The project is located at the southwest corner of Southwest 4th Street and Swinton Avenue. BACKGROUND: On November 20, 1989 the Planning and Zoning Board transmitted a recommendation of approval, subject to conditions, for the conditional use and the site plan for Phase I of the Drug Abuse Foundation Campus. On November 28, 1989 the City Commission approved this request, also subject to conditions. The site plan for Phase I received approval from the Community Appearance Board on November 29, 1989, subject to conditions. In March 1991, a site plan modification was approved for an exercise room in phase I and a minor site plan modification was received for Phase II improvements. The minor site plan modification was approved by the Site Plan Review and Appearance Board on April 24, 1991, subject to conditions. One of those conditions was to provide a replat of the entire property, including Phase I and Phase II site development. The replat for the Drug Abuse Foundation was received in May 1991- Due to the lack of providing required information (i.e. required permits, revised plans, and cost estimate) the processing of the plat was put on hold. Revised plans and information were received by the Planning and Zoning Department on June 12, 1992 and all items of a technical nature have been addressed. The only outstanding item remaining is the submittal of a financial guarantee for all public improvements. .. .. . City Commission Documentation Final Plat - Delray Residential Treatment Campus Page 2 PLANNING AND ZONING BOARD CONSIDERATION: Planning and Zoning Board consideration is not required for minor subdivision/boundary plats. RECOMMENDED ACTION: By motion, approve the boundary plat for the Delray Residential Treatment Campus subject to the following condition: * That prior to the plat being released for recording, a financial guarantee be submitted for all public improvements. Attachment: * Reduced Plat T:ABUSEII.DOC " '''I , ! r ~~<h ~ I -~~~----r--- . 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" MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM 4t ~E - MEETING OF JUNE 23. 1992 CANCELLATION/RE-AWARD OF BID - UNIFORM RENTAL SERVICES DATE: June 19, 1992 This item is before you to cancel the award of contract for uniform rental services with Cadillac Uniform Supply and to re-award the bid to Aratex Services, Inc. As backup material for this item staff has provided an overview of all the complaints received with regard to the services provided by Cadillac Uniform. Those complaints range from missing uniform items to uniforms being returned soiled and un-ironed. Staff is therefore recommending that the contract with Cadillac Uniform Supply be cancelled and the bid awarded to Aratex Services, Inc. Aratex Services, Inc. has previously provided uniform services to the City. They currently have all of the uniforms previously used by our staff available. If this service is re-bid it would take approximately 30 to 60 days to receive new uniforms. Recommend cancellation of the contract awarded to Cadillac Uniform Supply and re-award of that contract to Aratex Services, Inc. in the amount of $30,485 with funding to come from various departmental budgets. .. " . Agenda Item No.: AGENDA REQUEST Date: June 11, 1992 Request to be placed on:' yy Regular Agenda Special Agenda Workshop Agenda When: June 23, 1992 Description of agenda item (who, what, where, how much): Contract Cancellation & Re-award. lJniform Rental Service - Term Contract ORDINARCEj RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: cancell contract with Cadillac Uniform Supply; and re-award ~n Ar~t~v S~rvices Inc. at an estimated annual cost of $30,485. ,I / 4Cpyl /1/ Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:~ NO Funding al ternati v _' (if aWiCable) Account No. & Description: ~AR~ C.IT'(-#ID~ ~E Account Balance: City Manager Review: f!J NO Approved for agenda: . Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved .. ,." " MEMORANDUM TO: David T. Harden, City Manager THROUGH: Robert A. Barcinski, Assistant City Manager/ ~ Administrative Services FROM: Ted Glas, Purchasing Officer ~ DATE: June 11, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - JUNE 23, 1992 - CONTRACT CANCELLATION UNIFORM RENTAL SERVICES - TERM CONTRACT Item Before City Commission: The City Commission is requested to cancel the contract with Cadillac Uniform Supply, and to award contract for remainder of term to Aratex Services Inc. at an estimated annual cost of $30,485. Per the Budget Office, funding is from: ( ) . Background: On December 10, 1991 the City Commission awarded the contract for uniform rental services to Cadillac Uniform Supply. They started the service on April 10, 1992, after a lengthy process of measuring employees, ordering and receiving uniforms, and sewing on patches. Since the start-up date there have been continuing problems with this firm as documented by attached memos from various City Staff. Two months into this contract, some employees still do not have their proper size uniforms. The Purchasing Officer has met on two occasions with the manager of Cadillac Uniform Supply and City Division Heads to rectify the numerous problems. Problems still continued with dirty and unpressed clothing being delivered to the point that the Purchasing Officer sent Cadillac Uniform Supply a letter notifying them that if the quality of service did not improve, City Staff would recommend cancelling the contract per page 11, paragraph 1116 of the specifications. (copy attached). On June 5, 1992, the Deputy Director of Public Utilities and the Deputy Director of Public Works met with the manager of Cadillac Uniform Supply to discuss and correct the problems. On June 9, 1992, the very next delivery of uniforms, the clothing was inspected by both Deputy Directors and found to be dirty and unpressed as in the past. City staff has tried for two months to make this contract work. We have now lost all confidence that this contractor will be able to perform the service at an acceptable quality level. City employees are becoming frustrated and efficiency levels could decline. Staff, therefore, recommends this contract be cancelled for poor performance. It .',,; ,. Aratex Services Inc. , our previous contractor, still has all our uniforms available. They are cleaned, pressed and ready to be delivered should they be needed. (If we re-award to any other contractor it will take 30-60 days to receive new uniforms.) Aratex performed well during the past contract. Aratex agrees to assume the contract at the prices as bid, per attached tab sheet. (The only other bidder, Uniforms for Industry, has notified the Co-op that they are no longer interested in the contract. ) Recommendation: Staff recommends that the contract with Cadillac Uniform Supply be cancelled because of poor performance; and that the contract be re-awarded to Aratex Services Inc. at an estimated annual cost of $30,485. Funding as stated above. Attachments: Tabulation of Bids Memo's from City Staff Letter to Cadillac Uniform Supply Letter from Aratex Services Inc. pc: George Abou-Jaoude Richard Corwin Joe Weldon .. HI " MEMORANDUM TO: Ted Glas Purchasing Officer FROM: George Abou-Jaoude Deputy Director/Public utilities SUBJ: UNIFORM SERVICE DATE: June 11, 1992 Our staff met with Mr. Ralph Navarro, a representative from Cadillac Uniform service, on June 5, 1992, to discuss his performance. He promised that he would take care of any problems that we were experiencing immediately. The uniform delivery that we received this week was once again very bad. Through this memo, I am requesting that we terminate our contract with Cadillac Uniform Service immediately. Rather than improvement, the situation has only worsened. Your cooperation in this matter will be greatly appreciated. GA:lam/pw / cc: REF;' RCTGUS.DOC FILE; Memos To Purchasing Department GAUNIFORMS " MEMORANDUM TO: Ted Glas Purchasing Officer FROM: Richard Corwin Deputy Director of Public Works SUBJECT: UNIFORM SERVICE DATE: June 10, 1992 Through this memo, I am requesting we terminate our contract with Cadillac Uniform Service immediately. Rather than improve, the situation has worsened. Your cooperation in this matter is appreciated. -&-1! {; ~ .-;- Richard Corwin Deputy Director of Public Works RC/lam REF: RCTGUS.DOC File: Memos to Purchasing ~TEX SERVICES, Inc. 7513 CENTRAL INDUSTRIAL BOUI.EV ARD' RIVIERA 8EACH, FL 33404 June 10, 1992 Mr. Ted Glas purchasing Officer City of Delray 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mr. GlaSi We will extend the prices on Bid# 91-059, opened on 10/22/92 at 3:00pm. Within 48 hours after you notify ARATEX that you would like us to resume service and that Bid# 91-059 will go into effect, in writing, we will have garments to you. Please notify Greg Baron and he will have garments delivered. ARATEX will need at least two (2) weeks for new employees that we have no garments for ( longer if they need other then normal sizes). If you have any questions, please do not hesitate to call me. Sincerely, ~ ~~/' Mike Hefley Service Manager MH/sr America's Largest Uniform Service Company A Subsidiary 01 ~ SeNices. Inc, .. 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" ~ tn 0 c: ,., cr III ". ftl ll> ll> ll> ll> CD '" ZH '" a l"'T '1 en R' III ll> 1-<0 .... ,., .... "T!(J) ,., ""::l ftl '1 "" 0 0 o n ()Q >< ~ """" '1 ;0 ':J' ftl III 0.. :l a- n n .... H ftl no c I :;l (J) ~ :J n ~ 0.. n> n n)ooloo:S ~ c: X'< '1 <...."" '" ,., . Cb. l'tl '"1\. ,., ". n o .... '1 ::l ll> ,., C '1 ~ '< o.::l .. ::l a '" 0.. ......"0 ~ I: ...., ....... cn,,",,"OO,J I: ~ n '1 :3 n III ::r a 0.. ftl n '" ,... 0 III .. - M ,- I ~ N Z > .... .... cr- - 0 ::> N - ....... co .... .... a. a- .... \J1 ~ ~ '1 0 0 '" '" \J1 N "" \J1 \J1 ::> \J1 > \J1 <.n '" 0 0 0 0 \J1 0 III 0 \J1 ,., I .... ftl cr X CIl '" ~ .... n ftl .. H ::l n MEMORANDUM TO: Ted Glas, Purchasing Officer FROM: Richard Corwin, Deputy Director of E.S./P.W. and Mark A. Kilbourne, Superintendent of Streets/Traffic SUBJECT: UNIFORM SERVICE DATE: May 27, 1992 Several members of our division have been experiencing problems with the uniform service. Some of the complaints are dirty uniforms returned, missing shirts or pants, and lack of pressing. The driver has been made aware of the problems but they still persist. Some of the individual complaints are as follows: MARK KILBOURNE - Shirts are consistently returned without being pressed. WILLIAM GREEN - Missing one pair of pants since May 19, 1992. MICHAEL BUCKLEY - Returned 6 pairs of pants on April 28, 1992 for replacement. They have not been replaced as of May 22, 1992. JOEY VASHLISHAN - One shirt was returned dirty, one shirt is missing a name tag and he has been missing one shirt since April 28, 1992. ROBERT JONES - Missing one shirt since May IS, 1992 and shirts returned unironed April 22, 1992. ARCHIE HARRIS - Missing one shirt since April 24, 1992 ELIZABETH "YANCEY" RAPER - Returned six pairs of pants on April 17, 1992 that were incorrect size. Has not received replacements as of May 22, 1992. DONALD WHITE - Missing one pair of pants since May 19, 1992. LEROY THOMAS - Missing one shirt since May 12, 1992 and patches have come off several shirts. MICHAEL TAGG, LLOYD SAUNDERS, and RODNEY BERNIER have all elected to launder their own uniforms at home because of uniforms not being returned or returned without being properly laundered. #J C ,- $~U~ ~ p Richard Corwin Mark A. Kilbourne Deputy Director of Superintendent of Environmental Services/Public Works Streets/Traffic RC/MAK/ lam REF: RCMKTGUS.DOC File: Memos to Purchasing .. .. [ITY OF OELRAY BEA[H ENVIRONMENTAL SERVICES DEPARTMENT :"" ';',\lIN;'" {,VENUE. DE.U,AY BU,Cii, I LonID:\':1.::,: '. : ;l,," . 'riJ:'()PIFR ~n7 ;<1-7060 MEMORANDUM To: Ted CIas. Purchasing Director ~ Thru: Richard Corwin, Deputy Director of ES/~ . From: Jerry Rude, Fleet superintendent~ SUBJECT: CADILLAC UNIFORM COMPANY Date: May 21. 1992 A number of Garage employees, including myself are not pleased with the new uniform company. From the beginning, the uniform company did not seem to care how they performed their job. On May 8, 1992, Gerardo Maldonado was missing one (1) pants and one (1) shirt. It took two weeks to have the problem straightened out. On the first day that the company delivered the uniforms, Peter Hackshaw, Bill Pitschman, and Jim Hilgenfeldt did not receive any uniforms for three weeks. After Pete received his uniforms, it took two weeks for correct sizing, during which time Pete had to wash his own uniforms. I myself asked the cleaning man several times to shorten my pants, which he never fulfilled. Finally, I had them shortened by a seamstress. I also asked to have my shirts heavily starched, and to this day, they still have not had any starch put into them. The shirts return from the uniform company wrinkled and still appear dirty. I have my wife iron and starch them before I come to work. The uniform company has several times supposedly delivered clean uniforms, and never taken the dirty uniforms. I have to call them to come back and pick them up. Usually, it takes two days for them to return. My employees are asking me if we could return to the old uniform company, and frankly Ted, I have to agree. Cadillac Uniform Company seems to be second rate, and are unable to perform quality work. Than you in advance. JR/dk cc: William Greenwood, Director of Environmental Services File: Memos to Purchasing " MEMORANDUM TO: Ted Glas, Purchasing Officer FROM: Ernie DeRango, Facilities Maintenance Superintendent THRU: Richard Corwin, Deputy Director of E.S./P.W. SUBJECT: NEW UNIFORM SERVICE PROBLEMS DATE: May 21, 1992 Facility Maintenance Personnel using Cadillac Uniform Service are: Ernie DeRango George Balvin Philip LeBron Stanley Simzer GEORGE BALVIN has been missing one (1) pair of pants since the first cleaning pick up. He also has three (3) shirts without patches. Service attendent has been aware of this situation at every pick up and delivery since service started. We keep getting avid promises that he would personally see to rectifying this situation with no actual results. Actual cleaning and pressing leaves much to be desired. Pants come back wrinkled and shirts look like they may have been pressed without cleaning (stained and buttons missing). This is the' unanimous consensus of entire Facility Maintenance staff as well as my own. Most of us are contemplating the washing of our own shirts at home. The issuance of six (6) seems hardly sufficient as well as bi-weekly drop off and pick up service. This creates an inconvenience if a person forgets to drop off their dirty uniforms and effects personal appearances periodically. We are as yet to see any follow up from Mr. Navarro regarding any problems we may have or toward their resolvement. Any intervention on your part toward rectification would aid in our divisions compliances with city policies for personnel appearance. ~ '~ ;y}~ - Ernie DeRang Facilities Maintenance Superintendent ED/lam REF: EDTGUSP.DOC - -- - - .. . ENVIRONMENTAL SERVICES DEPARTMENT MAINTENANCE DIVISION MEMORANDUM TO: TED GLAS, PURCHASING OFFICER FROM: MILTON D. WILLINGHAM, SUPERVISOR III DATE: MAY 11, 1992 SUBJECT: PROBLEMS WITH NEW UNIFORM SERVICE ------------------------------------------------------------ It has become apparent that when Mr. Navaro took the measurements for our employees, that they were incorrect for a number of employees. Since that time a minimal number of problems with these uniforms has been straightened out. The sizing of these uniforms seem to be different than those used previously, which accounts for some of the problems we are experiencing. On May 8, 1992 approximately four (4 ) employees were short either one (1) pair of pants or one (l) shirt. The driver was made aware of this and said he would make a note of this situation. The entire division at one time or another has had to launder their uniforms in order to stay within the standards for the department. This situation has become so grave that several employees have elected to launder their uniforms on a full time basis. Some of the individual complaints are as follows: Robert Bullard - Pants and shirts were both to small. These were turned in for replacement on April 21, 1992 and as of yet have not been replaced. Milton Willingham - All six (6 ) pairs of pants are to small. On April 9, 1992 two (2) pairs of trousers and two (2 ) shirts were turned in for replacement. As of this date they have not been replaced. Also, these uniforms have been pressed poorly. " Page 2 James Schmitz - Received two (2 ) dirty shirts back after they were supposedly laundered. Also, both shirts and trousers are not being pressed properly. Jessie Grant - On April 21, 1992 Mr. Grant requested that his long sleeve shirts be exchanged for short sleeve shirts. This has still not been taken care of. Dennis Bonner - On April 9, 1992 Dennis returned his trousers because they were all to small. They did not replace these trousers until April 24, 1992. Rene Gonzales - Has been shorted one (1) pair of pants and they have not been returned as of yet. This situation has been ongoing for several weeks now. Some of the problem seems to lie in the fact that the issuance of six (6 ) uniforms was not an adequate supply, if repairs must be made. The driver informed me that they are having problems with their uniform supplier. Mr. Navaro has not called to follow up on anything since the first week the uniforms were issued. Another problem is the fact that the driver is always in a hurry to get the uniforms and leave. He does not want to take the time to hear the complaints and problems that we are having. We are asking you to please intervene at this time, so the division can comply with departmental policies concerning proper work apparel. This has been a major fiasco since day one. All of our problems seem to be falling on deaf ears, please help. !114~ --- Miiton D. MDW: jaf UNIFORM1.DOC cc: Robert C. Bullard, Superintendent of Maintenance Sandee Mills, Adm. Ass't. IV File: Memos to Purchasing .. " , l~~ _ jXu.j MAINTENANCE DIVISION SUBJECT: MEETING WITH CADILLAC UNIFORM REPRESENTATIVES DATE: MAY 13, 1992 ATTENDED BY: TED GLASt PURCHASING OFFICER ROBERT BULLARD, SUPERINTENDENT MAINTENANCE MILTON WILLINGHAM, SUPERVISOR III RALPH NAVARO, CADILLAC REPRESENTATIVE JOSE BIROT, CADILLAC REPRESENTATIVE JULIE FISCHER, SECRETARY II ------------------------------------------------------------ Robert Bullard opened the meeting at 11:00 a.m. He showed the gentlemen from Cadillac a list of requirements for City Employee uniforms. Milton D.Willingham stated that he had composed and mailed a letter to Mr. Ted Glas to inform him that we have been having problems with the uniforms since day one (1) . On April 9, 1992, all employees with the exception of Isiah Wilson and Michael Guarneiri received a full set of uniforms. On the 14th Milton turned in two (2 ) pairs of pants and two (2 ) shirts. Upon turning in these items Milton explained that the pants were to tight and the driver told him that they would be taken care 0 f . As of the date of this meeting he has still not received the corrected items. A list with all of our problems was given to the driver. At this time the driver insinuated that the company was having problems with their supplier. The following is a list of current complaints: Jessie Grant turned in two long sleeve shirts and asked that they supply him with short shirts. This problem has still not been addressed. Last week everyone in the division was shorted at least one (l) shirt or one (1) pair of pants. ,. 10 Page 2 Some of the employees shirts and pants are coming back either dirty or have not been pressed properly. Robert Buliard turned in his uniforms on April 21st stating that they were too small. They still have not been returned to him. Several calls were made to Mr. Navaro, which were never returned. At this point in time Mr. Glas asked that Mr. Navaro and Mr. Birot address some of the current problems. Mr. Navaro stated that his driver has been telling him that everything is fine down here. He also stated that he has never received any calls or beeps from Mr. Willingham. Mr. Navaro said that it would be no problem getting Jessie Grant's new shirts. It is just a matter of cutting off the sleeves and hemming them. They would like to satisfy us to the point that we will not have to get Mr. Glas involved. Mr. Bullard discussed the fact that the City is extremely strict in the enforcement of uniform policy. It was general consensus that there have been several miscommunications. Mr. Navaro said that he will be handling the account personally and hopes to get the problems ironed out in the near future. Respectfully submitted, tiL fl:ki~, ulie A. Fischer Secretary II cc: Ted Glas, Purchasing Officer Robert C. Bullard, Maintenance Superintendent Milton D. Willingham, Supervisor III A:JRUM.DOC .. " . hi hUh~(,i'lnU!'l In:: T,:.:,d 1'~1. d',:" r> I I. )" c: h ,:) c:,i, "', q n f fi, ,': ie, \' 1'1;: ( I i"j :- I:":".." FI,l,h {" Y"I< '! ~:)\ '. i:' c.)' :i n ti::' nd c"nt.' of ,.,.,"~ I" <,,) I, ~:" I,,,,,,,,,,, I, 10n}J "r :'1:;");: ..1CI(" 1,'"I;,,'l.'!I)n.) l) i f' I;~ (: -t,' n r' of I:' ;,\ (' k ':, .::Ind D() TF ~ ..lUll;':' "Y .L C/ (? ::.:: -.] ',' ~; lJ n .II:C T:: C ,:, I'll ! 1 d C Iln:i, fo)'p) .... . :. ') t.:~ ro \/ :I. 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MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: [tf'cITY MANAGER SUBJECT: AGENDA ITEM # ~F - MEETING OF JUNE 23. 1992 REJECTION OF BIDS/VETERAN'S PARK SHUFFLEBOARD COURT DATE: June 19, 1992 This item is before you to reject the bids submitted for the Veteran's Park Shuffleboard Court project and to authorize staff to readvertise this project. The project consultant, Currie Schneider and Associates, have reviewed the bids submitted for this project and recommend that the bids be rejected based on a discrepancy. Further, they have recommended that this portion of the project be bid in conjunction with the entire Veteran's Park improvement project. Recommend rejection of bids submitted for the Veteran's Park Shuffleboard Court project and authorize staff to readvertise this project as part of the overall Veteran's Park improvement project. .. " . - Agenda Item No.: AGENDA REOUEST Date: June 11.. 1992 Request to be placed on: X Regular Agenda -Z?~ _____ Special Agenda June ~ 1992 workshop Agenda When: Description of item (who, what, where, how much): Environmental Services Depart- ment requests the City Commission to formally reiect all bids for the Veteran's Park Shuffleboard Courts Pro;ect (bid No. 92-29). It is the City's intention to re-bid this work with the overall Veteran's Park Proiect. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends rejection of all bids and re-bid with Veteran's Park Project. Department Head Signature:~~~~ -~J t!tr/t:7'Z- Determination of consistency with comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: ~ Approved for agenda: ~NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved " ,. . . . DEPARTMENT OF ENVIRONMENTAL SERVICES MEMORANDUM TO: ROBERT BARCINSKI ASSISTANT CITY MANAGER/ADM. SERVICES THRU: WILLIAM H. GREENWOOD #!/061(tf~z- DIRECTOR OF ENVIRONMENTAL SERVICES ~ FROM: ROBERT B. TAYLOR, P.E. I ASSISTANT CITY ENGINEER DATE: JUNE 11, 1992 SUBJECT: VETERAN'S PARK SHUFFLEBOARD COURTS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Attached is an agenda request for the City commission to reject all bids on this project. The attached back-up letter from Currie Schneider Associates (CSA) explains this recommendation. This matter has been discussed by the City Manager, Joe Weldon, and CSA and this is a consensus recommendation. RBT:kt Attachment cc: Joe Weldon, Director of Parks and Recreation Larry Schneider Ralph Hayden, P.E., city Engineer Ted Glas, Director of Purchasing File: 91-49 (D) RT91-49.KT . .. " " Currie \H llll\'~ h, PLlIllll'l Schneider :~ II i I { . i 1 ( ,r I) ( ", J:: I ,: . : Associates ')( '.II jj I "I.' /1' /\1/\, I'!\ ENVIROHMFNTAi SfRVICES ! il'II.I\ d'-,ll II 11 "." June 17, 1992 92JUN 17 PM I: 39 ." I" ;'I',l ,(I, L', :',1.1 Mr. Joe Weldon, Director RECEtVEO CITY OF DELRA Y BEACH PARKS & RECREATION DEPARTMENT . 100 NW 1st Avenue Delray Beach, FL 33444 VETERAN'S PARK SHUFFLEBOARD COURTS PROJECT NO 90573.01 . Dear Mr. Weldon: In regards to the bids that the city has received for the work on the construction of the shuffleboard and lawn bowling courts we are further clarifying our recommendation that the dty reject ail ot the bids and rebid this work with the uJUComing bidding of Veterans Park. This is based on the following: The discrepancy in the bids: the amount of variation between the bidders and the fact that they exceeded the projected amount. That the city would obtain improved bids if all of the work was accomplished at one time. This is based on the fact that there would be a savings due to one general contractor doing the work versus two separate contractors working on the project. That the rebidding of the work does not impact the construction schedule ot the park. As you recall the reason for bidding the shuffleboard courts at an earlier time than the basic park was due to the fact that we were not sure of the parks schedule and it was determined that it would be advantageous to get some of the work started. Since this is no longer the case this is not an issue. We can so phase the work that the shuffleboard/lawn bowling construction be accomplished first with the balance of the park work being completed after this task is completed. If you have any questions please contact this office. Sincerely. ~11l~SSOC!ATES AlA. PA Lar M. Schneider, AlA Principal LMSIIs doc\573\no-bids 1.573 cc: Ralph Hayden, PE lil , ; ;i " " 06/09/92 09:35 ...... CITY /DELr\A Y BCH. !4J 002 ...- --- ....." Currie Archiled~1 PlannN~ - -- Schneider & Interior Desisners - ~ - _/_/- Associates 25 Seabreeze - - - - -- AIA.I'A Delra~' B~~ach. Fl 33483 June 9, 1992 407/276.4951. 737-~279 305/429-1561) Mr. Joe Weldon. Director CITY OF DELRA Y BEACH PARKS & RECREATION DEPARiMENT 100 NW 1 st Avenue Dolray Beach. FL 33444 VETERAN'S PARK SHUFFLEBOARD COURTS PROJECT NO 90573.01 Dear Mr. Weldon: In regards to the bids that the city has received for the work on the construction of the shuffleboard and lawn bowling courts we would like to make the following recommendation: That the city reject all of the bids and rebid this work with the upcoming bidding of Veterans Park This I~ based on the discrepancy in the bids, that we believe that the city would obtain Improved bids if all of the work was accomplished at one time and that it really would not impact the construction SChedule of the park We are presently targeting for the parks project to go to bids on July 13, 1992 with a scheduled completion dale of January 28, 1993 for phase l. We can so phase the work that the shuffleboard/lawn bowling construction be aC90mplished first with the balance of the park work being accomplished after this task is completed. We await your direction. Sincerely. ~~SSOCIATES AlA. PA Larry . Schneidel', AlA Prine pal LMSIIs doe\573\no-bids.573 cc: Robert Taylor, Jr PE . FAX: 407/243-8184 AA COO1334 .. " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~y MANAGER SUBJECT: AGENDA ITEM ~ g-C - MEETING OF JUNE 23. 1992 AUTHORIZATION TO ALLOCATE DECADE OF EXCELLENCE INTEREST EARNINGS DATE: June 19, 1992 This item is before you to authorize staff to allocate $22,373 in interest earnings from the Decade of Excellence Bond issue to cover additional expenses incurred in conjunction with the developement of temporary Fire Station No. 5. Previously, the Commission approved the allocation of $200,000 from this source in order to develop Station 5. However, there are still outstanding items which require funding. Those items are: -Real estate commission for the permanent site - $14,500 -Real estate commission for the temporary site - $1,600 -Legal advertisements in conjunction with annexation - $480 -Appraisal fees for both sites - $5,150 The appraisal fees is usually paid for from the City Attorney's budget; however, funding is not available. Recommend approval of request to allocate $22,373 in interest earnings from the Decade of Excellence Bond Issue (Account No. 225-0000-301-25.00). .. . . Agenda Item No. : AGENDA REQUEST Date: June 12, 1992 Request to be placed on:' X Regular Agenda Special Agenda Workshop Agenda ~~ When: 06-),-6"-92 Description of agenda item (who, what, where, how much): Allocate interest earnings from the Decade of Excellence Bond to cover the additional expenses required for Fire Station Number Five (Temporary Facility). ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend allocation of interest earnings to Fire Station Number Five (account number 225-2311-522-61.57) Department Head Signature: Determination of Consistency w Plan: nla City Attorney Review/ Recommendation (if applicable): nla Budget Director Review (required on all iteas involving expenditure of funds): Funding available: ~NO Funding alternatives: 001-0000-301-25.00 (if applicable) Account No. & Description: Account Balance: $329,431 City Manager Review: ~ Approved for agenda: (iE> NO Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved .. HI' [IT' DF DELRA' BEA[H FIRE DEPARTMENT M E M 0 RAN DUM TO: ROBERT A. BARCINSKI, ACTING CITY MANAGER FROM: KERRY B. KOEN, FIRE CHIEF DATE: JUNE 16, 1992 SUBJECT: INCREASED FUNDING - FIRE STATION NO. 5 (TEMPORARY FACILITY AND LAND ACQUISITION) I have reviewed the related accounting activity for this project and have identified four costs which could be the basis for the need for the additional funds as identified by Mr. Safford's budget transfer request. specifically, two negotiated real estate commissions in the amount of $14,500 for the permanent site and $1,600 for the lease of the temporary site were not included in the original property acquisition agreement. These expenses were approved by the city commission at their regular meeting on November 19, 1991- In addition, legal advertisements in the amount of $480 were required for the annexation process which became necessary to expedite construction and development of the temporary site. Finally, the land appraisal fee for both the permanent site and the temporary site is an expense that normally would be carried in the city Attorney's budget. However, funds were not available for this $5,150 expense within their budget and it was therefore assigned to this project account. These four expenses represent a total of $21,730.48 or 97.13% of the requested $22,372.78 increased allocation. The original approved allocation was $200,000 in line item 225-2311-522-61.57. l~~.~ ...-------------. Kerry B. Koen Fire Chief KBK/mmh cc: Joe Safford FIRE DEPARTMENT HEADQUARTERS. 101 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444 407/243-7400. FAX 407/ 2654660 .. .. . . City of Delray Reach Departmental Bud~ ~ 'fransfer (1) Departmental Une Transfer (2) Date Aoril 22. 1992 - (3) Interfundllnterdepartmental Transfer (4) Batch Number (5) Requested By: Budget (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 225-2311-522.61-57 Fire Station #5 22,373 225-0000-301 .25-00- Prior Year Surplus 22,373 ., (10) TOTAL 22.373 22.373 JUSTIFICATION: Allocate interest earnings from prior years to cover additional expenses required for Fire Station No.5. Gommission Appre'led--Apl it fe. 1992. Departm~d~~ ~ Asst City Manager Budget Officer /' I'-"".\... .::) J A,-f 4) I ) ~.;1. City Manager (11) Budget U Date \ "- (12) Control Number (13) Period (14) Count I""\nf~",,' A' Oltl'"\~~ ,........'AOV ell ~ OI"'V "cn.. 0"'" Ie..,.,.. .. ..,.1 '" , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM I ~ f{ - MEETING OF JUNE 23. 1992 AWARD OF BIDS AND CONTRACTS DATE: June 19, 1992 This item is before you to approve the award of the following bids and contracts: 1. Medical and Drug Supplies - Fire Department - various vendors in the estimated annual amount of $82,081 with funding from Fire Operations - Operating Supplies (Account No. 001-2315-526-35.15). 2 . S.D. Spady Road Construction - N.W. 10th Avenue - Asphalt Construction of the Palm Beaches, Inc. in the amount of $234,950.75 with funding from Decade of Excellence - Spady Elementary (Account No. 225-3162-541-61.74). Construction estimates for this project were $230,000 to $250,000. Work will commence at the south end of the project in front of the School after "approval by the County of the transfer of 25 feet of right-of-way. That action is scheduled for July 1, 1992. ~ " . DEPARTMENT OP ENVIRONMENTAL SERVICES MEMORANDUM a. TO: ROBERT BARCINSKI ASSISTANT CITY MANAGER/ADMINISTRATIVE SERVe TURU: TED GLAS DIRECTOR OP PURCHASING PROM: RALPH E. HAYDEN, P.E.~ CITY ENGINEER DATE: JUNE 17, 1992 SUBJECT: N. W. 10TH AVENUE EXTENSION POR SPADY ACCESS PN 91-61 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Attached is an agenda request for the regular Commission Meeting on June 23, requesting award of the construction contract for the referenced project to Asphalt Construction of the Palm Beaches, Inc. They are the lowest responsible responsive bidder and the proposed contract amount is $ 234,950.75. The funding account number for the project is 225-3162-541-61.74. RH:DH:kt cc: William H. 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'. - . ., -.r ~ THROUGH: Robert A. 8ar~inski, Assistant City Manager/.~ Administrative Services FROM: Jackie Rooney, Bid Specialist 9tf- DATE: June 16, 1992 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - June 23, 1992 - BID AWARD - BID #92-42 MEDICAL AND DRUG SUPPLIES - ANNUAL CONTRACT Item Before City Commission: The City Commission is requested to award multiple annual contracts for medical and drug supplies as listed below, at an estimated annual cost of $82,081. Per the Finance Department, funding is from: ( ) . Background: The Fire Department has need of an annual contract for medical and drug supplies with funding from their operating expenses budget. Bids for this contract were received on May 12, 1992 from fifteen (15) vendors, all in accordance with City purchasing procedures. (Bid #92-42. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. The Assistant Fire Chief has reviewed the bids, and recommends multiple awards, per attached memo and highlighted tab sheet. Vendor: Amount: Aero Products $ 23,747.00 Frontline Medical 9,549.00 Matrx Medical 7,003.00 Suncoast Surgical Supply 1,670.00 General Medical Corp. 22,187.00 Mirco Bio Medics 1,094.00 Armstrong 1,120.00 United States Trading Corp. 2,791.00 Cook, Inc. 1,920.00 Medical Supply 11,000.00 Recommendation: Staff recommends multiple awards to vendors as stated above, at an estimated annual cost of $82,081.00. Funding as outlined above. Attachments: Tabulation of Bids Memo from Fire Dept. pc Chief Koen [IT' IF DELIA' BEA[H FIRE DEPARTMENT M E M 0 RAN DUM TO: TED GLAS, PURCHASING OFFICER B. WIGDERSON, ASSISTANT FIRE CHIE~ THRU: M. FROM: DENNIS MORLEY, PARAMEDIC LIEUTENANT DATE: JUNE 15, 1992 SUBJECT: RECOMMENDATION FOR AWARD OF BID-MEDICAL SUPPLIES Listed below are my recommendations for the award at bid to supply the Fire Department with medical supplies. Please note that all recommendations are for the lowest bidder in the var ious categories except when the lowest bid was for items that did not comply with our specifications. The recommendations are as follows: Vendor Est. Annual Cost Category Aero Products $23,747. Groups I, II, IV Items 116, 138, 139, 147, 158 Frontline Medical 9,549. Groups V, VIII, Items 107, 112, 113, 114, 122, 123, 149, 151, 152, 153, 159, 171 Matrx Medical 7,003. Group X, Items 118, 120, 145, 157 Suncoast surgical 1,670. Group IX, Items Supply 154, 156, 161,170 General Medical Corp. 22,187. Group III, VII, Items 143, 148, 162 FIRE DEPARTMENT HEADQUARTERS. 101 WEST ATLANTIC AVENUE. DELRAY BEACH, FLORIDA 33444 407/243-7400. FAX 407/ 265-4660 .. [IT' DF DELIA' BEA[H FIRE DEPARTMENT M E M 0 RAN DUM TO: JACKIE ROONEY, BID SPECIALIST FROM: ELLEN P. WICKERT, ADMINISTRATIVE MANAGER DATE: JUNE 16, 1992 SUBJECT: MEDICAL SUPPLIES BIDS Attached you will find the recommendations for award of bid for the medical supplies used by the Fire Department. In order to prevent the problems I have encountered in the past, I do not want to encumber funds for these purchases but would prefer to award the bid to the particular company and then with each order refer to the bid. Please advise me if this arrangement will be to your satisfaction. ~jl~ Ellen P. Wickert Administrative Manager EPW/mmh FIRE DEPARTMENT HEADQUARTERS- 101 WEST ATLANTIC AVENUE - DELRAY BEACH, FLORIDA 33444 407/243-7400- FAX 407/265-4660 'I .' ~(~ /9. ~ _ _._._____ --__ --- - _ -r-- AJ() ~(J.f "- LtfdJ ~:- ._---_..~ ..--. II 7 - ____ -- --- __u __ --~._- - J I q -- ~ .--- . -- ~._-- - I~ 5" /3:2 I'll 1'1.:2 1,/0 I~O /6 u I~ :3 /h.Y /~7 ZtentS A.Jo t fA (,Ala rcle cI 70 /6 (.,IJ b~ddp/( Q-S ner did )..)0 t m.ee t (va./"" f ~f'~ t.(es7~c/, /'10. u__ __. _ _.. __ _ __ -- /~r:J - - .-..-.---- --- -- -~-- . /7C ___~__.~_n ) ~)- ------- -.- -- -- -... If# (p --.-----. ----- - > ._._~ 1f47 _. --- - ,.' ',I Memorandum Recommendations for Bids - . Medical Supplies Page 2 a. Vendor Est. Annual Cost category Uricio Bio 1,094. Items 105, 109, 110, 111, 115, 121, 140, 144, 155, 164 Armstrong Medical 1,120. Group VI United States Trading 2,791. Items 124, 126, 127, 128, 129, 130, 131, 133, 134, 135, 136, 137 Cook, Inc. 1,920. Items 106, 108 Medical supply 11. 000. Items 165,.166, 167 APPROXIMATE YEARLY EXPENDITURE............$82,081. 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II .. tII :l III " ? i~;i -- z : fool.....:(') ..,., -: 0 z ...., \,111'" ..... , (I : : 0 ..... .. o. ~ III lI' tlIl ? g g. ?8 i. .... tlIl .... Clo lI' tlIl .... Clo t....t~ 8_>111 o >.' .... 1"0 Cl. ...., o ..... :::3 Clo Q. n l:~ n _" . 11'< n III lit " .. ... Dl " lIDll'l "Il'l OllJll " III III III !! .... ... .... n ,.. n , ~EMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM # ~:r - MEETING OF JUNE 23. 1992 RIGHT-OF-ENTRY AGREEMENTS/CBD ALLEY RECONSTRUCTION DATE: June 19, 1992 This item is before you to approve agreements for right-of-entry from various property owners in conjunction with the CBD Alley Reconstruction project. As part of that project it may be necessary to enter onto various properties in order to properly construct the improvements. Consequently, the City is required to enter into right-of-entry agreements with property owners. The property owners, as part of this agreement, agree to hold the City harmless for damages to their property. We have received agreements for: -Block 109, Lots 1 through 7 and 15 -Block 100, Lots 2, 3, 4, and 5 -Block 110, Lot 15 -Block 92 Lots 2.1, 2.2, 5, 6 and 7 A sample agreement is attached as backup material for this item. Recommend approval of right-of-entry agreements with the property owners of Block 109, Lots 1 through 7 and 15; Block 100, Lots 2, 3, 4, and 5; Block 110, Lot 15; and, Block 92 Lots 2.1, 2.2, 5, 6 and 7. ~ " e CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jun 19,92 9:38 P.O': .. , i '::-:f~.-'14'~1~~'~') .~ ~ ,. 'T' ~ ..~s.. I f f...~,._ [IT, IF DELAAY IEAEH ?,'" ,'; ~ . I.... \ . '~"i'. I j "...-"ll..cr-:,~.I?"'" . .$':~ '. . , . CITY ATTORNEY'S OFFICE 200 NW 1st AVe.NUE . OELRAY BEACH, FLORIDA 33.... FACSIMILE .071278.4755 W.~...'. D~.... L~n. (407) 243-7090 . MlMORANDUM . I Date: June 18, 1992 , TOI City CODU1liaaion I From: David N. Tolc.s, A.aiatant City Attorn~ Subject: CBD Alley Reconstruction - Riqht of Entry Aqreements As part of the alley reconstruction process,. It may be necessary to enter onto various properties in or~r to properly construct the improvements. consequently, the City i8 required to enter into right of entry agreements with property owners. The property owner., .8 part of this agreement, agree to hold the City harmless for damag.. to their property. The following property owners have executed agreements. The following are before you tonight for approval: pou9hke~1e Shopping Center, Inc. "-... Block 109, Lot. 1 & 2 Robert J. , Ann C. Ch..la Block lOt, Lots 3 , 4 PhilIp and 101. Vultaggio .' B1Qck 10', Lots 5, 6 , 7 I Philip and 101. VUltaggio Block 109, Lot l' Leo A. and Joan M. Blair Block 100, Lots 2, 3, 4, and 5 HJS Investment, Inc. , Morris Rob~n80n, Trustee Block 110, Lot 15 Richard A. Snow Block 92, Lot 2.1 Lonnie W. Cook Block 92, Lots 2.2 , 5 " CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jun 19.92 9:38 p. .03 . . , C1ty COIlUll1..ion , Jun. 18,~1'92.. I pag..2 Flore.cu. ~am11y corp. Block 92, Lota 6 . 7 . A .ample agreement 18 attached for your review. If you have any que.tion., plea.. call. DNTlsh .. Attachment co: Robert A. Barcinski, Acting City Manager , .,' ,.r* ---... _.. '.........,..w~ l ./ , \ " ~ITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jun 19.92 9:39 F' .04 . . . RXGH'l' OF IJNTRY AKD LIeDS. AGRSBKBft ~ FOR UTILITY CONSTROCTIOH ~ PROJECT : Central Business District Alley Reconstruction Project PROJECT No: 91-53 BLOr;K/ALLEY No: 92 PROPERTY OWNER: Helen L. Huber 82~ N.W. 5th Avenue Oelray Beach, FL 33444 THIS AGREEMENT entered into this day of , 1992, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinatter referred to as CITY) , and Helen :t.. Huber referred to as (OWNER) " provides as ., .' tollows: WHEREAS, the CITY desires to construct utility, - paving, and drainage improvements to the alley ot block 109. -...., WHEREAS, the city has determined that the improvements are necessary to protect the pUblic health, satety, and . I weltare, and; . , i WHEREAS, in order to complete said utility, paving and drainage improvements it is necessary tor the CITY to enter upon and pertorm various construction tasks on the following d.seribed property: The northwe.t corner ot Lot 1 between the existing Duilaing and the South City Right-of-Way of Block 92; D&lray Resubdivision ot Blocks 91 and 92 and the West 1/2 of BlOCk 99, Plat BOOk 2, Page 21, of the PUblic Records of Palm Beach County, Florida. Paqe 1 ot 4 .. CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jun 19.92 9:39 p. . OS . I . , I' ! . , I I AND; 3 i . WHEREAS, as part of this p~oj.ct, the.CI'l''i is willing . to reconstruct the OWNER1S land to provide for improved clrainage and paving in conjunction with the CITY'S improvements, and restore the OWNER1S land, property, facilities and/or vegetation to its original condition upon completion ot the project at no expense to the OWNER. . ,:!! . r-....~.. ~ ~. NOW, THEREFORE, in ,"Witness of thtf above and in consideration ot the ~I~~ ~qr.einq to conduct the aforesaid . ,.' . ut.ili t.y const.ruct.ion and/or. ~iftodit ications, and to restore " ',: ....~\..~..\~: '~~O-!~~: ,.~' .'~. ". .' the property to its original c'ondition, and for other good .-- and wluable con.id~!~_~i.e.~tc..~~~.:~~t\~~ rece~ved, OWNER hereby grants unto the CITY,y '1:h.i~~~~i~o}8.S, A~~nts, contractors, .' "'. ,';,.' '~,. .~. t. " SUb-contractors, and/or Assigns the license and right to \ enter upon said land ot OWNER tor the purpose ;f conductin9 . utility construction or mOdification.. 1. The above stated recitals are incorporated herein as it tully set forth herein. . ,\, .'.. .. pa98 2 of 4 ,. CITY ~TTORNEY'S OFFICE TEL No. 407 278 4755 Jun 19,92 9:40 P. iJ6 /" , . . . ' I . . ! . i , "\ , ~ ~ I 2. It is further agreea that tor the previously . rGterenced consideration, OWNER, hereby r~l~ases and holds the, CITY harmless rrom any damages that result or might result to OWNER'S property as a result or the CITY, the Employees, Agents, contraotors, Sub-Contractors and/or Assigns cominq upon said land for the purpos~s previously stated. This paraqraph shall apply except in cases of i negligence, negligsnce intentional acts of gross or I destruction which may occur during th~ utili~' construction. '0 .; . J. It i. turther agreed that the license and rights granted herein shall cease upon completion and finalization --- I of the Contract upon which said construction is performed. I '-- 4. This ACJr.ement constitutes the entire agreement and understanding ot tha parties, and supersedes all offers, J , negotiations, and other agreemetns. Theje are no representations or understandings of any kind not set forth herein. Any amenc1ments to this ^9reement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties havG accepted, made and executed this Agreement and three (3) counterparts each P~9l! 3 of 4 " CITY RTTORNEY'S OFFICE TEL No. 407 278 4755 Jun 19,92 '3: 40 P.Ci-:' - .' . i .. . . I . I , ~ I . . . . .. constituting an original upon the terms and conditions above j stated on the date first set forth above. .. . t/ib.n1<!tQ?J~ c:V~rJ(. j4,-kJ WITNESS OWNER/AGENT , I I ~~,.~ WITNESS ' ,r' ... ..." CITY OF DELRAY BEACH, FLORIDA --... ~. .--- ----- Mayor ATTEST: 1 I '\ ' city Clerk I' Approved GS to Form: '\ city Attorney Page 4 of 4 " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM ~ ~:r - MEETING OF JUNE 23. 1992 APPROVAL OF RIGHT OF ENTRY AND LICENSE AGREEMENT DATE: June 19, 1992 This item is before you to approve a right of entry and license agreement for a 25 foot temporary construction easement from the Palm Beach County School Board in conjunction with N.W. 10th Avenue road improvements. As part of the N. W . 10th Avenue extension, portions of the driveways for Spady Elementary will need to be repaired. Additionally, it will be necessary to encroach on the School site in order to properly construct the road way. This agreement provides for a 25 foot temporary construction easement which will expire upon completion of construction. Staff has requested the permanent transfer of 25 feet of right-of-way in front of the School. That action will be considered by the County on July 1, 1.992. Recommend approval of a right of entry and license agreement with the Palm Beach County School Board in conjunction with the N.W. 10th Avenue improvements project. ~ .. - ., - l:;;~:f~~( [ITY DF DELHAY BEA[H CITY ATTORNEY'S OFFICE ,i _'."\\ L'i .\\'r_~t:: . ;,I.R,\Y lJL\Cl!. FLOR[DA 11~~~ F.\L :);\[iL[ .:11'" 27,,~-':'-'~~ Wr~t_r'. D~r_ot L~n_ (407) 243-7090 MEMORANDUM Date: June 17, 1992 To: City Commission From: David N. Tolces, Assistant City Attorne~ Subject: Spady Elementary/NW 10th Avenue Extension Right of Entry and License Aqreement As part of the NW 10th Avenue extension, portions of the' driveways for Spady Elementary will need to be. repaired in order to properly connect with NW 10th Avenue. The construc- tion on NW 10th Avenue will also necessitate some encroachment onto the Spady Elementary School site by machinery and other road construction equipment. This agreement will provide the City with a twenty-five foot temporary construction easement which will expire upon completion of the construction. If you have any questions, please call. DNT: sh cc: Jim Reynolds, Engineer I Dick Hasko, Chief Design Engineer Cheryl Leverett, Agenda Coordinator ,. ,~'1 '_ '. ,I" . :.. - RIGHT OF ENTRY AND LICENSE AGREEMENT FOR PAVEMENT CONSTRUCTION ~ THIS AGREEMENT entered into this _ day of , 1992, by and between the CITY OF DELRA Y BEACH, a Florida municipal corporation, (hereinafter referred to as CITY), and the School Board of Palm Beach County, (hereinafter referred to as OWNER), provides as follows: WHEREAS, the CITY desires to complete the construction and/or modifications as indicated on Exhibit A, and Exhibit B along N.W. 10th Avenue in Delray Beach, Florida; and WHEREAS, the CITY has determined that the construction on OWNER'S property is necessary for proper performance of the proposed roadway alignment; and . . WHEREAS, in order to complete said construction, it is necessary for the I CITY to enter upon and perform various construction tasks on the following described I property: ! 1 That portion of the School Board of Palm Beach County's S.D. ~dy Elementary School Site indicated on Exhibit A and 1 Exhibit B (attached). -, I and; WHEREAS, as part of this project, the CITY, upon completion of the road construction project, will restore the OWNER'S land, property, facilities and/or vegetation to its previous condition, to the satisfaction of the OWNER. NOW, THEREFORE, in witness of the above covenants and In consideration of the CITY agreeing to conduct the aforesaid construction and/or modifications, and for other good and valuable consideration in hand received, OWNER hereby grants unto the CITY, their officers, employees, agents, contractors, sub-contractors and/or assign, the license and right to enter upon said land of OWNER for the purpose of conducting pavement construction or modifications. H:\data \ wp50\doc\agreemt \ROE&Lice.spe 1 LSH:bf 5\ 15\92 - . . . . 1. The above stated recitals are incorporated herein as it fully set forth herein. ~ 2. The CITY shall, under no circumstances, obstruct any school entrance or parking lot during normal school hours. e 3. The CITY shall immediately repair any damage to utilities that may adversely impact operations of the school. 4. The CITY shall immediately discontinue the use of any power equipment or heavy vehicles when in the judgement of the school's principal, the loud noise would have an adverse impact on students being tested. 5. The CITY shall replace all disturbed or damaged landscaping, trees, grass, irrigation systems, fencing, signage, sloping, grading, drainage, etc., to the written . satisfaction of the School Board. 6. The CITY shall coordinate the working schedule of this construction project with the school's principal so as to minimize any impact to the operation of the school. 7:- The CITY hereby agrees as consideration for this Restoration Agreement, to indemnify and hold the School Board harmless from and against all claims, damages, losses and expenses, direct and indirect including but not limited to fees and charges of engineers, architects, attorneys and other professionals and co~ arbitration costs) arising from the negligence of the CITY in the exercise of this Restoration Agreement by the CITY and/or its agents, contractors, assignees, invitees and employees. 8. It is further agreed that the license and rights granted herein shall cease upon the completion and finalization of the contract upon which said construction is performed. 9. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are H:\data \ wp50\doc\agreemt\ROE&Lice.spe 2 LSH:bf 5\15\92 " ~ , f " (" I " no representations or understandings of any kind not set forth herein. Any amendments to the Agreement must be in writing and executed by both parties. "- 10. In the event notice is to be given to either party, it shall be mailed certified mail, return receipt request, to the following addresses: City: City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 School Board: School Board of Palm Beach County Legal Department 3318 Forest Hill Boulevard West Palm Beach, FL 33406-5813 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written WITNESSES: SCHOOL BOARD OF / I , -l: ~, PALM lACH COUNTY . _/~<j j;,: -~ . By: -ll); ll, 1_ < - i L Ii' /1.(. ..-L William G. Graham, Chairman fl)~f,~ ~,V4<. Attest: t h1Puu-~ ktLL,,-~___ C. Monica Uhlhorn. Superintendent ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Thomas Lynch, Mayor Approved as to Form and Legal Sufficiency: Approved as to Form and Legal Sufficiency: ~J em {i fj fJ-- 1 City Attorney Schoo Board Attorney '--'" '----' H:\data \ wp50\doc \agreemt \ROE&Lice.spe 3 LSH:bf 5\15\92 -~--.. _.__ __ d_ . - d . . r;-il __ - ~"' II n: ,_ I. " '. ~ II ___ r 'I I !/ I ~ II .., I' I ~ g I i ~ ... ~ u'l I Z .,J . -I, .. I .., C ;. ;: I' \10 >~:'~':>I' ~~ .-i.Jo~ ~ .. . I .n r. I I _ " ~ I I U I ~. ~ ~ ~ ~ ~ II ; ~ ' ;:. ~ ' L:: _ ' I - 0 'I' n I :i ~ :: "'/,' of c: -.- 1\ '.) -:: II' I I ~ : -l- I .. : l . J r~("~l . I I ' 'I'! It '-:-ili r; F,cl I : I:~. :!:. ,,' Ii i ",,_/i, (I,.;'::; 'I' I: ,i\;n--~' w I i:;I~'> 1\0'_': ~ ,I:; 1M,!, ~ .,:::. 1~11 : 1 ; I <( , , . II i;I-II~I,I~~1 :I: It\,.~ .:.:.,:::-:: ~ ;it~l~i~:UI ~ I ~, ], z. .1 11'1 A! I !/~l Ii ! \~~ Ii I ~ ii ,~~ Ii I ,.J., C"" .... . /' r \ :-' ., Ii '--' -.-:;. 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'" II ~" I .: ' ~ . ~..---JI f~ ;:;-:'TT'-;:I ]. ;'. ...-1""'1" I,.! . !! 1,1,,1;1,1',11 ~ u ~ Ii,' 1"1: ~- II j , · 11,:1"" I ! :~~II ~In! 1 : :5' II "'<~I5t 1; ;, '~" If I I' :fl' i i .~, : 1 ,I , ,\" ' \I I ~ I ':~,. """~,~I ~ Ii:;;;;: "':l- 11 !~ .-.,;:j~. ." I 'ld'ii~I,IR:'i11 , J I~ i3!i~tj I i ~ Ii I /,.' I .111 II /I!\ ; I' II //i.,j i: ,! L I 1 \ ,:':",",,' I: \. . I , '\ ' I " I ,.1 'z :11 I ~~ I, ~...... II I~~""I '~'r'~! ,u,y ...., ; ~ .~~l , --4 '< II 1 ,...,.~ ;J.... e' ""-'w"'! I,m --- ~ I I ,.-, >-' ;; i .') wi "'--' :', :";.,1 V' :.....r...'- I ~-r u ~ :1 _ . ;'-..4 -:: I ~ ~ > ~iI I ~ r/ "'1 _,' '-''''1\ i ;"_-1 ~ ,.:: -::: (/) ~ I ~ ;: I ,....J ~ , .. . :~ ~ I: ..,..-, :--4 t-- I o zt:' '::.:J VI II ~ ~i: )~ S; ~ :: f -..j L [-I ,~.; II' ,'~ ,-.~t"")l - , ,_ ~ I , 1.....-' -- ,I i~l ~ :::; I; I~I<> . . . I~I~ ~ l i -. " :~~,;:~ ~ . ' Ii I~I gi ~ I l' >- I~I ~ H ~ I ".:G, 'I ~'>i U~ I ! \\,,,,!, : ::i" \ 1\ " &~ I .,' i \''.1 tl . I : \,\ I! ,_ i r:Jii ~ 1\\& t--:.'---- l'='-.c'C===::1 .' ., I~r----;- '~~::-::~';J ::::-;'~I ;:: ~;~..A..lIJm."~ ,. ,,\,., . , ___ 11Im"jI ..;a..J. \.\.-rJ~f!:",~~ i; ..' " MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM i '"6K - MEETING OF JUNE 23. 1992 APPROVAL OF INTERLOCAL SERVICE AGREEMENT/TOWN OF GULF- STREAM DATE: June 19, 1992 This item is before you to approve an interlocal agreement with the Town of Gulfstream for the extension of fire and emergency medical services to that community. The terms of this agreement are for 10 years beginning on October 1, 1992 and extending through September 30, 2002; an option to renew for additional periods of five years is also contained in the terms. Services provided under this agreement include fire suppression, heavy rescue and associated extrication, basic and advanced life support and pre-hospital emergency medical services (does not include transportation to medical facilities), public fire safety education, fire prevention and life safety inspections, Fire Code and life safety plans examinations and review, and initial Hazardous Materials Incident Response and Scene control. In consideration for these services the Town of Gulfstream will pay the City an annual service fee of $103,403. This fee may be adjusted on an annual basis to reflect changes in the Consumer Price Index. The City Attorney's Office has reviewed this agreement and finds it acceptable as to form. Recommend approval of an agreement with the Town of Gulfstream for the extension of fire and emergency medication services. ~ .. ~ " , c. 'yr. ,~ t ' Ii . 'v [ITY DF DELRRY HEREM FIRE DEPARTMENT M E M 0 RAN DUM TO: ROBERT A. BARCINSKI, ACTING CITY MANAGER FROM: KERRY B. KOEN, FIRE CHIEF DATE: JUNE 18, 1992 SUBJECT: INTERLOCAL SERVICE AGREEMENT TOWN OF GULF STREAM Pursuant to direction from Mr. Harden, I have finalized a proposed agreement for the Town of Gulf Stream pertaining to the extension of fire and emergency medical services to that community beginning October 1, 1992. The City of Delray Beach would receive an annual service fee for the services provided and the initial term of the agreement would be for ten years. The ten year revenue impact, exclusive of increases related to the Consumer Price Index, would be $1,034,030. This agreement is recommended for presentation to the City Commission at its regular meeting of June 23, 1992. The agreement, if approved, would be forwarded to the Town of Gulf Stream for consideration by their City Council during July. If jointly approved at that point, we would be able to begin service delivery by the date specified. No additional personnel or capital costs are associated with this agreement as responses will be made from existing fire stations utilizing existing staff and capital equipment. \(~ f-:;.\~ ------, Kerry B. Koen Fire Chief KBKjmmh cc: Jeff Kurtz Joseph Safford FIR E O:::PD,?T'\1EhJT HEADOUARTE ''is. 101 VVEST c\TLX\j TrC A \fE!\jUE . DE LRA Y BEACH F U)R iC\ 407 2437400. >=AX ,:07 2654660 .. INTERLOCAL SERVICE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH - AND THE TOWN OF GULF STREAM THIS AGREEMENT entered into on this day of , 19 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation, and the TOWN OF GULF STREAM, FLORIDA, a Florida municipal corporation. WIT N E SSE T H : WHEREAS, the Town of Gulf Stream presently does not maintain a Fire and Emergency Medical Services Department with fire fighting and emergency medical equipment and personnel; and, WHEREAS, the city of Delray Beach does presently maintain such a Fire and Emergency Medical Services Department with fire fighting and emergency medical equipment and personnel; and, WHEREAS, in order to protect the health, safety and welfare of all residents of the Town of Gulf Stream and the City of Delray Beach who may be in the jurisdictional boundaries of the Town of Gulf Stream, it is deemed mutually advantageous to enter into this Agreement, providing for fire and emergency medical services by the City of Delray Beach within the municipal boundaries of the Town of Gulf Stream; and, WHEREAS, Florida Statutes 163.01 authorizes execution of interlocal agreements to provide for such aid and assistance. WHEREAS, the Town of Gulf Stream acknowledges that it is familiar with the facilities and equipment of the City of Delray Beach and has informed itself as to the scope and capabilities of facilities and equipment available, and does hereby accept these services and facilities as being adequate and capable for emergency and other related purposes within the incorporated area of the Town of Gulf Stream. NOW THEREFORE, it is hereby agreed by and between the parties hereto as follows: 1. The city of Delray Beach, during the term of this agreement shall provide the following services to the Town of Gulf Stream through the Delray Beach Fire Department and its officers and personnel responding from City of Delray Beach Fire Stations and administrative facilities. 1 6/18/92 .. A. Fire Suppression. B. Heavy Rescue and Associated Extrication. C. Basic and Advanced Life Support Pre-Hospital Emergency Medical Services, not including _ . transportation to medical facilities. D. Public Fire Safety Education. E. Fire Prevention and Life Safety Inspections in all occupancies other than one and two family residences. F. Fire Code and Life Safety plans examination and review for building permits for occupancies and structures other than one and two family dwellings. G. Initial Hazardous Materials Incident Response and Scene Control. 2. In the event the City of Delray Beach is notified by the appropriate officials in the Town of Gulf Stream, or by the pUblic through the Police-Fire Communication Center of the City of Delray Beach, of the existence of a fire or other emergency including the need for emergency medical services within the municipal boundaries of the Town of Gulf Stream the City of Delray Beach shall supply such emergency equipment and personnel as are then reasonably available to the City of Delray Beach in the same manner as provided to the citizens of Delray Beach. 3. The final and ultimate determination as to whether a particular notification gives rise to a life-threatening or emergency situation shall solely be the policy determination of the personnel of the City of Delray Beach. 4. This Agreement shall not be construed to impose any obligation, duty or responsibility whatsoever on the City of Delray Beach to provide any specific types, kinds, or numbers of emergency personnel or apparatus at any fire station of the City of Delray Beach, or at any emergency scene within the Town of Gulf Stream within a specific time frame. The City of Delray Beach will dispatch and assign the closest, appropriately staffed and available vehicle(s) to emergencies within the Town of Gulf Stream. 5. The Town of Gulf Stream acknowledges its responsibility under section 633.025, Florida Statutes, 1991, concerning minimum Fire Safety Standards. The City of Delray Beach, through its Fire Department, will conduct all necessary or mandatory fire safety inspections and inform the Town Manager of the Town of Gulf stream of any fire safety matters which require correction. The Town of Gulf Stream shall enforce all applicable fire safety standards in a timely manner and shall report the abatement and disposition of the reported violations to the City 2 6/18/92 " of Delray Beach. The City of Delray Beach, through its Fire Department, will provide all necessary technical assistance to the Town of Gulf stream in order to facilitate this process. 6. The Fire Chief of the City of Delray Beach shall have full and complete authority through the normal chain of command over .the . operation of Delray Beach Fire Department personnel, vehicles and equipment while in the Town of Gulf stream. 7. The Town of Gulf stream officials and employees and citizens and residents shall not interfere with the direction, management and deployment of the Delray Beach Fire Department, its personnel or equipment at any time during fire fighting or other emergency situations. 8. All suggestions or complaints concerning services provided under this agreement shall be directed to the attention of the Fire Chief of Delray Beach, in writing, for proper administrative remedy and/or response, as the case may be. In the event the Town of Gulf stream has a dispute with respect to the City of Delray Beach I s performance hereunder, the Town of Gulf stream, by its governing body, Mayor, Manager or other appropriate municipal official shall forward to the Chief of the Fire Department for the City of Delray Beach, the disputed matter. In the event that the disputed matter is not addressed in a manner suitable to the Town of Gulf stream, the town shall request of the Chief of the Fire Department for the City of Delray Beach, Florida, that the disputed matter be resolved by the City Manager of the City of Delray Beach. If the disputed matter cannot be resol ved by the City Manager of the City of Delray Beach, the disputed matter shall be scheduled on the next available Delray Beach City commission meeting or workshop as the City Manager deems appropriate. 9. The parties hereto further understand and agree that a possibility exists that the Delray Beach Fire Department may rpceive simultaneous calls for separate accidents, fires and other public safety problems. In the event of a simultaneous occurrence of emergencies in the City of Delray Beach and the Town of Gulf stream, the judgement of the Fire Chief of the City of Delray Beach, or the senior Fire Department Officer on duty at the time, as to which call should receive first priority response, shall be binding upon the parties hereto and shall control actions of both parties hereto. If the City of Delray Beach can not respond to a call for assistance from the Town of Gulf stream due to multiple calls and/or alarms in progress the caller from the Town of Gulf stream will be so advised and all reasonable efforts will then be made by the City of Delray Beach to arrange for a suitable response from another agency or jurisdiction cooperating with the City of Delray Beach through various mutual aid agreements in effect at the time. At the time of the execution of this agreement the City of Delray Beach has Mutual Aid Agreements in effect with the Cities of Boynton Beach, Boca Raton, Deerfield Beach and Lake Worth as well as Palm Beach County. The City of 3 6/18/92 Delray Beach agrees to notify the Town of Gulf stream of any changes in these agreements. 10. The Town of Gulf stream shall inspect annually all fire hydrants within its corporate limits to verify their satisfactory operation and function and agrees to repair or cause to be repaire1i all. fire hydrants, branch valves, and sectional valves within the municipal water distribution system which could affect fire suppression operations. It is further understood that all fire hydrant threads shall conform with those used by the Delray Beach Fire Department or non-conforming threads, if any, shall be changed without delay at the expense of the Town of Gulf stream. Inoperative fire hydrants, valves, etc. within the municipal distribution system shall be repaired without delay, but in no case later that thirty (30) days following discovery of any deficiency. Fire hydrants which are placed out of service shall be immediately reported to the City of Delray Beach Fire Department. Immediate notice shall also be given when said fire hydrants are returned to service. 11. The Town of Gulf stream shall report all street and road closures and openings immediately to the City of Delray Beach Fire Department. 12. All exemptions from ordinance and rules, and all pension, insurance, disability, workers compensation, salary, death, and other benef its which apply to the acti vi ty of such officers, agents, or employees of the City of Delray Beach, when performing their respective functions within the territorial limits of the City of Delray Beach, Florida shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties within the Town of Gulf stream. 13. The Town of Gulf stream shall reimburse the City of Delray Beach for certain supplies and consumables, such as chemical absorbants, hazardous materials vapor suppressents, chemical testing agents, and hazardous materials recovery drums and/or other containers used by the Fire Department in the performance of emergency duties in the corporate limits of the Town of Gulf stream pertaining to hazardous materials incident control. 14. During the term of this agreement, the City of Delray Beach shall be the sole provider of the services enumerated within the Town of Gulf stream. 15. The Town of Gulf stream agrees to pay the City of Delray Beach, during the term of this Agreement, a service fee for the emergency and administrative services enumerated above. The service fee is based on the annual operating budget of the City of Delray Beach for the provision of Fire Prevention, Fire Suppression, Emergency Medical Services, and related services; the population of the City of Delray Beach; and the population of the Town of Gulf Stream. This fee entitles the Town of Gulf stream and its residents access to the previously enumerated fire 4 6/18/92 " department services and programs. Extraordinary events or unusual demands for services requiring personnel and/or equipment to be stationed within the corporate limits shall be billed separately by the city of Delray Beach to the Town of Gulf stream based on the actual costs to provide these services. In the case of hazardous materials abatement and/or mitigation, these extraordinary .,;,costs shall be paid directly to the vendors or outside contractors involved as directed by the City of Delray Beach. 16. Beginning October 1, 1992, the Town of Gulf stream shall pay to the city of Delray Beach an annual service fee of $103,403. One twelfth of this amount will be due and payable on or before the first business day of each month. The Finance Department of the City of Delray Beach shall bill the Town of Gulf stream for this amount on or before the 15th day of the preceding month. In the event payment is not made timely, a late charge equal to the then prevailing legal rate of interest shall be added to the Town of Gulf stream IS liability to the City of Delray Beach, Florida. Interest shall be compounded daily commencing with the first business day of each month. If payment is not received for two successive months, then upon thirty (30) days notice the City of Delray Beach, Florida, may terminate its responsibilities as provided herein. 16.(a) The parties agree that the annual service fee may be adjusted to offset increased costs of providing the enumerated services and programs due to extraordinary unfunded mandates of the Federal, state or County governments. 17. The Town of Gulf stream and the City of Delray Beach agree that the service fee shall be adjusted annually based on the "All Urban Consumers - United states" April Consumer Price Index (CPI). The projected annual service fee adjustment will be reported to the Town Manager of the Town of Gulf stream on or before July 15th of each year. 18. All notif ications of claims shall be provided in writing to the respective Town Manager and City Manager of the parties hereto. This does not apply to notifications of necessity for supplying of emergency services which are the subject of this Agreement. 19. This Agreement represents the entire Agreement between the parties and supersedes all prior negotiations, representations, or agreements either written or oral, including the 1983 "Emergency Medical Services Agreement". This agreement may only be amended or modified in writing and executed by all parties to this Agreement, except as previously provided above with reference to the annual service fee. 20. The term of this Agreement shall be for ten (10) years beginning October 1, 1992 and extending through midnight on September 30, 2002 with options to renew for additional periods of five (5) years each upon the mutual agreement of both parties hereto in writing. 5 6/18/92 21. This agreement may be terminated for good cause only in the event of breach of its terms or in the event of the inability of the City of Delray Beach to provide the services specified herein. In the event that either party desires to terminate this agreement for good cause resulting from the breach. of its terms, the party alleging the breach shall give notice of its intent to .terminate this agreement at the end of a contract year upon submission to the other party. Said notice shall be in writing and shall be given at least six months prior to the end of any twelve month period which commences on October 1st and terminates on September 30th of the subsequent year. If an impasse arises as to whether either party has breached this agreement, each party shall select an independent party to act as an arbitrator, and the two arbitrators selected by the parties shall select a third arbitrator and the arbitrators by majority vote shall decide whether the party has breached this agreement and shall also decide any other dispute arising hereunder. Said arbitrators shall act in accordance with the rules of the American Arbitration Association and the parties hereby agree that they shall be bound by the decision of the arbitrators. In the event of termination for cause resulting from the inability of the City of Delray Beach to provide the services specified pursuant to the terms of this agreement, the City of Delray Beach shall provide the Town of Gulf stream at least six months notice prior to the end of any twelve month period which commences on October 1st and terminates on September 30th of the subsequent year. Any inability to provide the services specified in this agreement shall be substantiated only upon a clear showing by the city of Delray Beach of a similar inability to provide said services for the residents of the City of Delray Beach. 22. Any cost of expenses (including reasonable attorney I s fees) associated with litigation concerning the terms and conditions of this agreement shall be borne by the non-prevailing party, provided however, that this clause pertains only to the parties of this agreement. 6 6/18/92 " . . IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized officers on this day of 19 . -. , ,'. I' ATTEST: , CITY OF DELRAY BEACH, FLORIDA . By: city Clerk Mayor Approved as to Form: TOWN OF GULF STREAM, FLORIDA By: City Attorney, City of Delray Mayor Beach ATTEST: Town Clerk Approved as to Form: Town Attorney, Town of Gulf Stream - 7 6/18/92 ,. - . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # <tL - MEETING OF JUNE 23. 1992 EMERGENCY REPAIR/LIFT STATION 50 DATE: June 19, 1992 This item is before you to approve the emergency repair of Lift Station 50 located on Lowson Boulevard. The forcemain is rusted and cracked. In order to avoid a disaster, emergency repair is required. We have received estimates to replace the existing main with a new 14 inch Class 53 polylined flanged pipe, fittings and four new piles with pile caps. The low estimate is $48,000 which also includes engineering fees. Recommend approval of the emergency repair of Lift Station 50j and award the contract to Johnson and Davis in the amount of $48,000 with funding from Renewal and Replacement - Sewer Systems/Mains and Lines (Account No. 442-5178-536.60-66). ~ ,. . " M E M 0 RAN DUM TO: D~id ~. Harden City Manager FROM: George Abou-Jaoude Deputy DirectorjP.U. SUBJ: AERIAL CROSSING REHABILITATION E - 3 1/2 CANAL - 14" FORCEMAIN DATE: June 19, 1992 Please find attached several pictures reflecting the condition of this 14 inch forcemain discharging into Lift station 50 at Lowson Boulevard. The forcemain is in bad shape and the western pile has settled causing deflection in the pipe. The pipe is rusted causing cracks, see pictures. To avoid any disaster, I contacted the three approved emergency contractors by the City commission on February 25th, Bid #92-17. Only two contractors responded and their prices are reflected in the attached proposals. Johnson & Davis, Inc. $48,000 Belvedere Construction $64,315 This cost will include replacing the existing main with new 14 inch Class 53 Polylined flanged pipe, fittings, and new four piles and pile caps. It will also include engineering fees since our staff requested this to be done by a consultant. I met with our consultants and their fees were high which made me request design build proposals from the three contractors. I reviewed both proposals and recommend award to Johnson Davis, Inc. in the amount of $48,000. Funding from Renewal & Replacement account # 442-5178-536-60.66. GA:pw cc: Ted Glas, Purchasing Officer FILE; Memos To Purchasing Department GAMISC2 '. J - ~V1RON''';PH~i c;PWILf~, JOHNSON.DAVIS IN~ JUH \ S PH 3: '9 HEAVY CONSTRUCTION ~~ ..- ... ,-- ,\ ED UNDERGROUND UTILITIES . 604 HILLBRATH DRIVE R t:.l, t:! V LANTANA, FLORIDA 33462 407-588-1170 June 18, 1992 City of Delray Beach Department of Environmental Services 434 South Swinton Avenue Delray Beach, Florida 33444 Attn: Mr. George Abou-Jaoube RE: 14" FORCEMAIN CROSSING E-3~ CANAL Dear Mr. Abou-Jaoube: As per our field meeting of June 11, 1992 , we respectfully submit the following proposal for your consideration. ALTERNATE #1 - Replace forcemain canal crossing with 14" epoxylined flanged CL 53 DIP and repair western most pile cap. LUMP SUM....................... $ 3 1 , 0 0 0 . 0 0 ENGINEERING ALLOTMENT $ 400.00 ALTERNATE #2 - Replace forcemain canal crossing with 14" epoxylined flanged CL 53 DIP and replace western most pile cap. LUMP SUM.......................$32,250.00 ENGINEERING ALLOTMENT $ 600.00 ALTERNATE #3 - Replace forcemain canal crossing with 14" epoxylined flanged CL 53 DIP and replace western most pile and pile cap. LUMP SUM....................... $ 3 5 , 5 0 0 . 0 0 ENGINEERING ALLOTMENT $ 1,000.00 ALTERNATE #4 - Replace forcemain canal crossing with 14" epoxylined flanged CL 53 DIP and replace all four piles and pile caps. LUMP SUM....................... $ 4 6 , 00 0 . 00 ENGINEERING ALLOTMENT $ 2,000.00 EXCLUSIONS AND SPECIAL PROVISIONS - three weeks are required for epoxylined canal crossing pipe is based on replacing pipe - price from top 450 bend on west side 100 feet to the east - engineering is an allotment and is an addition to the price - price is based on being able to shut forcemain down for seven hours - bond premium is not included - no special exterior coating will be supplied to force- main pipe - straps and fanquards will be re-used If we may be of any further assistance, please contact our office. Sar~ Gar~reen Chief Engineer GG/pmc " BELVEDERE CONSTRUCTION CO. 7200 Westport Place 1655 91st Court P.O. Box 15107 Vero Beach, FL 32966 West Palm Beach, FL 33416-5107 407-683-5344 407-567.7421 FAX 407-689-1369 .- FAX 407.567-7909 o Please Reply Since 1956 o Please Reply June 17, 1992 The City of Delray Beach 434 S. Swinton Ave. Environmental Service/Public Utilities Delray Beach, FL. 33444 Attn: Mr. George Aboujaoude Re: 14" Force main, Aerial Crossing Lowson Blvd. Canal E-3~ After visiting the subject site with you on June 11, 1992 and reviewing the existing conditions we feel the most appropriate remedial action is to construct a new crossing five to ten feet north of the existing crossing. We are pleased to propose the following: SCOPE Engineering Services Site Survey and Construction Plans LUMP SUM $1,650.00 Permitting Process LUMP SUM $1,100.00 Construction Observation & Certification LUMP SUM $1,650.00 Furnish and Install New Crossing LUMP SUM $59,915.00 New Concrete Piling, Caps & Fastners New 14" CL. @ Polylined Flanged Pipe and Fittings New l~" & 4" Galvanized Steel Pipe .::(;.. BELVEDERE CONSTRUmON CO. " Clean, Modify; Paint & Reinstall Fan Guards Coordinate w/city and perform force main tie-ins both east and west sides crossing within a 6-7 hr.shut down period Remove and dispose of the existing crossing Backfill, Compact, and Resod both east & west side of crossing TOTAL LUMP SUM $64,315.00 Specific items excluded from this proposal are: Permit Fees Tie-ins of all carrier lines, except the force main Bond Premium, if required If the above meets with your approval we would be glad to meet with you and determine if any other details need to be worked out before we enter into a contract. y"ery truly ~ '~ 1it -4 ,,6 , , ,I Mel Stockum MS/slb ,. I I I I ! I ! L.S,fiSD I ; ~or ,,1M. L.5,-#Sr:l I; 3l)t p.",! 5/1 V!<(Z WHG .'7J;Y/f2.. LUNG G. j}boq G,J)Jv;,u D1\~L.\-:O'" , $"-~ ;~ i.. S. #SO /' 2L. I- J-;//f/ q z. ...:;; 0-1,.....1 LO./I.G (;.11t5",,., . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM, ~ITY MANAGER SUBJECT: AGENDA ITEM # Cf A - MEETING OF JUNE 23. 1992 REPORT OF APPEALABLE LAND USE ITEMS DATE: June 19, 1992 This item is before you for acceptance of the report of decisions made by the various development related boards during the period June 15, 1992 through June 19, 1992. The following actions were considered during this reporting period: Planning and Zoning Board: -Approved the preliminary plat and certified the final plat for Griffin Gate. -Approved the preliminary plat and certified the final plat for DBO Acres Plat #2 (4-1 vote). Historic Preservation Board: -Granted a Certificate of Appropriateness in conjunction with renovation of a contributing single family dwelling and a non-contributing guest cottage located at 60 Palm Square. Si te Plan Review and Appearance Board did not hold a meeting during this reporting period. A detailed staff report is attached as backup material for this item. " . . ,~ C I T Y COM MIS S ION DOC U MEN TAT ION TO: HARDEN, CITY MANAGER OatYJ-- D J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING l ~ t2J/~>'\. (~ FROM: JASMIN ALLEN, PLANNER I SUBJECT: MEETING OF JUNE 23, 1992 REPORT OF APPEALABLE LAND USE ITEMS JUNE 15, 1992 THRU JUNE 19, 1992 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of June 15, 1992, through June 19, 1992. BACKGROUND: This is the method of informing the City Commission of land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7{E) of the LDRs applies. In summary, it pro v ides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1- The item must be raised by a City Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. ,- . City Commission Documentation Report of Appealable Land Use Items June l5, 1992 thru June 19, 1992 Page 2 PLANNING AND ZONING BOARD (PZB) MEETING OF JUNE 15, 1992 1. Approved the preliminary plat and certified the final plat as being consistent with the preliminary plat for Griffin Gate, (Zero Lot Line Development) to be located on Swinton Avenue & SE 4th Street (Vote 5 to 0). 2 Approved the preliminary plat and certified the final plat as being consistent with the preliminary plat for DBO Acres Plat #2 (Replat of Lot 3) located on the south side of Linton Boulevard, between the FEC Railroad & Kentucky Fried Chicken (Vote 4 to 1). No other appealable items were considered by the Board. The following agenda items which were considered by the Board will be forwarded to the City Commission as separate agenda items: * Recommended approval (4 to 1), of a conditional use request for Auto Repair (Blue Max German Auto) on the northern portion of the Block bounded by the Federal Highway Pairs, S.E. lOth Street, and S.E. 9th Street (north of Shoneys). * Recommended denial (4 to 0) , of a rezoning from Medium Density Residential (RM) to Community Facilities (CF) for Lots 55 thru 58, Block 32, Subdivision of Del-Raton Park; located immediately east of the Isuzu Dealership on Avenue "L". The Board also recommended denial of an accompanying conditional use request, to allow a private parking lot to be used in conjunction with the Isuzu Dealership. * Recommended approval (4 to 0) , of Plan Amendment 92-2, which incorporates Text changes and an amendment to the Future Land Use Map from Transitional to Industrial, for a parcel of land located in the vicinity of S.W. 10th street & Series 20 Wellfield. * Recommended denial (5 to 0) , for the abandonment of a portion of Dover Road, lying north of Lowson Boulevard. * Recommended on a 3 to 2 vote, that given the potential impacts of the proposal associated with the Waterford (DELINT) D.R.I., further DRI review is appropriate. * Found that the LDR Text Amendment re "Newsrack: Ordinance" was not inconsistent with the Comprehensive Plan. * Made no substantial comment on the LDR Text Amendment re "Flea Markets". '.'T 'II; . City Commission Documentation Report of Appealable Land Use Items June 15, 1992 thru June 19, 1992 Page 3 * Recommended (5 to 0) that the City Commission request changes to the proposed MPO Long Range Bikeway Planning Program. HISTORIC PRESERVATION BOARD (HPB) MEETING OF JUNE 17, 1992 A. Granted a Certificate of Appropriateness in conjunction with renovation of a contributing single family dwelling and a non-contributing guest cottage, located at 60 Palm Square (Vote 4 to 0) . SITE PLAN REVIEW AND APPEARANCE BOARD (SPRAB) : No Regular Business meeting was held during this period. RECOMMENDED ACTION: By motion, receive and file this report. Attachments: Location Map II' .,,., . . LOCATION NAP FOR CITY CONNISSION NEETING OF JUNE 23, 1992 L-30 CANAL LAKE IDA ROAD I ... I i !W2ST ~ ~ ! III a 2 i LDWSON BOULEVARD I 2 0 UNTON BOULEVARD : @ Q~ ~ e lJ z 8 L-38 CANAL PLANNING AND ZONNING BOARD ITE...S: H.P .B. ITE...S: 1. - GRIFTIH GATE A. - SO PALM SQUARE N 2. - DBO ACRES PLAT 1/2 - CITY or DELRA Y BEACH, FLORIDA PLANNING DEPARTMENT ..~ ,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: fCITY MANAGER SUBJECT: AGENDA ITEM ~ qg - MEETING OF JUNE 23. 1992 APPEAL OF PLANNING AND ZONING BOARD DECISION/WEINER DATE: June 19, 1992 This item is before the Commission to consider an appeal of a Planning and Zoning Board decision with regard to the discontinuance of a non-conforming use at 445 N. Federal Highway. The Planning and Zoning Board at their May 18th meeting found that the property owner had abandoned the prior non-conforming use for more than 180 days, and that establishment of the new use was not allowed under of the Land Development Regulations. The basis for this appeal is that Section 1.3.5(B) has been incorrectly applied in this case. Among the reasons cited are: -The Land Development Regulations do not demand that a non-conforming use be lost for portions of a structure. -The non-conforming use has neither been discontinued nor abandoned for a continuous period of 180 days. The City Attorney's Office has reviewed the appeal and has found that there was not evidence presented by the applicant to refute the finding that the non-conforming use was discontinued for a period of 180 days or more. A detailed staff report along with the letter of appeal is attached as backup material for this item. Recommend consideration of the appeal of a Planning and Zoning Board decision with regard to the discontinuance of a non-conforming use at 445 N. Federal Highway. m Cl110n To D81Lf ths AppEAC A-nD Uphold D&:.;'s (on of P't-2 BaA-eo A lpeein I A-nD~ J PA-SSffi L/ +0 I C R f1n DoLJ> I-{ 01 ss EfrTUJ9 ) ,. " . - [ITY DF DELHA' BEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Wr~t_r'. D~r_ct L~n_ (407) 243-7090 MEMORANDUM Date: June l8, 1992 To: City Commission From: David N. Tolces, Assistant City Attorne~ Subject: Appeal of Planning and Zoning Board Decision Regarding Establishment of a Non-Conforming Use 445 N. Federal HiqhwaYi Federal Auto Plaza This item before the Commission is an appeal of a Planning and Zoning Board decision upholding the decision of the Chief Building Official in denying the issuance of an occupational license. The matter is before you tonight because the basis for denying the license was that the intended use of the property would have been a non-conforming use. The Planning and Zoning Board found that the property owner had abandoned the prior non-conforming use f or more than l80 days, and that establishment of the new use was not allowed under Section 1.3.5 of the City's Land Development Regulations. Therefore, the action to deny the license was proper. For your determina- tion is whether the Planning and Zoning Board properly evaluated the evidence and properly applied the provisions of the City's LDRs. Section 1.3.5(B) of the City's Land Development Regulations provides: (B) When a non-conforming use is discontinued or abandoned for a continuous period of 180 days, every subsequent use shall be in conformity with the requirements for the zoning district in which it is located. In this instance, there was no evidence presented by the applicant to refute the finding that the non-conforming use was discontinued for a period of more than l80 days. The clear language of Section 1.3.5(B) prohibits the establishment of a non-conforming use in a structure in which a prior non- conforming use was discontinued for more than l80 days. The applicant failed to produce any evidence demonstrating the operation of a non-conforming use in the l80 day period. ,. " .. -: City Commission June 18, 1992 Page 2 Therefore, the provisions of Section 1.3.5(B) should apply and prohibit the establishment of a non-conforming use. If the Commission finds that the application of the code provisions do not meet with their goals and objectives regarding non-conforming uses, this office suggests that a workshop meeting be scheduled to address the entire non- conforming use ordinance. In the meantime, the provisions of the ordinance should be applied as written. DNT: sh .. '"'' f"'. ,/' . , C I T Y COM MIS S ION DOC U MEN TAT ION TO: D; YID T. HARDEN, CITY MANAGER I~A~~I~ DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 23, 1992 APPEAL OF PLANNING AND ZONING BOARD DETERMINATION RE APPLICATION OF LDR ARTICLE 1.1.3 AS IT PERTAINS TO THE EXPANSION OF A NON-CONFORMING USE ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of reversing a decision made by the Planning and Zoning Board. The appeal has properly been filed pursuant to provisions of LDR Section 2.4.7(E). The property involved in the appeal is Federal Auto Plaza; located on the east side of N.E. 6th Avenue, south of 4th Street. BACKGROUND: In applying the City codes, it is not permissible to expand a non-conforming use into separate bays of a structure, once the laO day "grandfather period" for the separate bays has expired. Application of this rule has been applied to the Federal Auto Plaza. The owner wishes to introduce auto repair uses into bays which are currently vacant (and have lost "grandfathered" status). His agent has been informed that his wishes cannot be accommodated. An appeal has been filed to this administrative action. The appeal was heard by the Planning and Zoning Board and it is now before the City Commission. A copy of the formal appeal is attached (Weiner letter of May 27, 1992) . The City Attorney's Office will advise, in a separate memorandum, as to how to consider the appeal. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of May la, 1992. They considered the following information in preparation of that appeal hearing: ,. ',hl .. City Commission Documentation Appeal of P&Z Baord Determination Re Application of LDR Article 1.1.3 as it Pertains to the Expansion of a Non-Conforming Use Page 2 * Excerpt from the Planning and Zoning Deskbook dealing with the "elimination of nonconf.orming uses" (copy at~4id) * Exhibits provided by the agents re leasing history, affidavits re previous uses and attempts to lease space, inquiries on use, list of cases, definition of "extend" (copy a~J * Background and Issues Paper regarding Expansion of Non-conforming Uses Within a Structure (Planning Director); copy attached. * Planning and Zoning Memorandum Staff Report, revised as of May l5, 1992, with attachments of (copy attached): -- Formal appeal filed by Michael Wiener; -- Determination letter on Amerivest letterhead; -- May 6, 1992 memorandum from David TOlces, Assistant City Attorney; -- LDR Article 1.3. At the Board's hearing testimony was taken from the Director of Planning, the Assistant City Attorney, Michael Weiner attorney representing the owner, Charles Spallita leasing agent. Following the receipt of testimony, the Board, on a 6-0 vote, denied the appeal. RECOMMENDED ACTION: See separate memorandum from the City Attorney. Attachments * Per Above Write-up DJK/CCNONCON.DOC ,. I,""~ " . MICHAEL S. WEINER & ASSOCIATES, P.A. A TTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 MICHAEL S. WEINER South Palm Beach County: (407) 265-2666 CAROLE ARONSON North Palm Beach County: (407) 736-5888 RANDI S. TOMPKINS Broward County: (305) 462-4935 Telecopier: (407) 272-6831 OF COUNSEL: PETER J. MURRAY May 27, 1992 HAND DELIVERED and CERTIFIED MAIL/RETURN RECEIPT REQUESTED Ms. Alison MacGregor Harty City Clerk City of Delray Beach 100 N. W. lst Avenue Delray Beach, FL 33444 RE: Appeal to City Commission, City of Delray Beach Owner: Hans Egger, Inc. , a Florida corporation Our File No.: EGGH(030)OOl Ladies and Gentlemen: Enclosed please find the appeal of Hans Egger, Inc. , to the City Commission of the City of Delray Beach pursuant to Section 2.4.7 of the~Land Development Regulations of the City of Delray Beach. , (i We reque~t/to be placed on the agenda at the City Commission meeting;-/od Tuesday, June 23, 1992. 'I / '/' \ / vervtruly\ YPtIrs, , / ' , . 1\ \~ .. \1 // I, ". /\~ \ \ L~\\)J1 ~ M~hae s. i et MSW:lb - RECEIVED S/a7/Q;;. cnv CLERK - ~ " RECEIVED .5/;)7/9;). CITY CLERK Appeal of Hans Egger, Inc. , a Florida corporation to the City Commission of the City of Delray Beach Pursuant to S2.4.7(E) of the Land Development Regulations of the City of Delray Beach THE ACTION WHICH IS BEING APPEALED The action being appealed is a denial of an appeal by the Board of Planning and zoning of the City of Delray Beach (the "Board"). The appeal in question sought a determination that the property owned by Hans Egger, Inc., which is located at 445 North Federal Highway, Delray Beach, Florida, had not lost its status as a nonconforming use. IDENTIFICATION OF WHO TOOK THE ACTION AND WHEN IT WAS MADE The action by the Board was taken on May 18, 1992. THE BASIS OF THE APPEAL The basis of the appeal is that the property in question, located at 445 North Federal Highway, Delray Beach, Florida has not lost its nonconforming use status pursuant to Section 1.3.5(B) of the Land Development Regulations of the City of Delray Beach ("LDR"), which provides, in part, the following: "Where lawful use of a structure and land exists on September 1, 1990, that would not now be allowed, such use of structure and land may be continued subject to the following provisions: (B) When a nonconforming use is discontinued or abandoned for a continuous period of 180 days, every subsequent use shall be in conformity with the requirements for the zoning district in which it is located." This Section of the LDR has been incorrectly applied to Hans Egger, Inc. for a number of different reasons. Among them are the following: I. The Land Development Regulations do not demand that a nonconforming use be lost for portions of a structure. The LDR does not require the loss of the use where a portion of the structure may have been abandoned by various tenants or the use discontinued. Specifically, S1.3.5(A) of the LDR states that a nonconforming use may be extended internally throughout any part of the structure, provided the use is not extended to occupy any land outside the existing structure. Accordingly, even if for a moment you interpret the LDR to mean that a nonconforming .. I,'" .. use could be lost for a portion of a structure, this Section in and of itself would allow you to expand back to the whole structure. One of the definitions of the word "extend" in Funk & Wagnall's Standard Desk Dictionary (1980 Ed.) is "To spread out; expand." Therefore, the use of the word "extend" in the LDR necessarily also means expand, encompassing the situation at hand. There is no other provision in the LDR which would indicate any other interpretation as appropriate. It would strain logic that S1.3.S(A) of the LDR was written to be meaningless. Accordingly, there is no partial abandonment or discontinuance. II. The nonconforming use has neither been discontinued nor abandoned for a continuous period of 180 days and therefore has not been lost. The legal meaning of the term "discontinuance" is as to the owner's intent, and not the tenant's situation. See, for example City of Miami Beach, et al v. state, 174 So. 443 (Florida Supreme Court 1937), where cessation of business for repairs was not discontinuance of use. Generally, courts have held "discontinuance" or "abandonment" only when there was intention on the part of the owner to permanently relinquish the nonconforming use. See 82 Am. Jur. 2d "Zoning and Planning", S216. SO, for example, as is the case here, when the owner is attempting to find a suitable tenant, the mere vacancy of the property does not constitute a discontinuance of its use. The owner continued to hold the property out for its use and his inability to find a tenant is a situation beyond the owner's control. It does not affect the owner's intent to continue to hold the property out for use in a nonconforming manner. Any other interpretation of the LDR would violate due process and be a taking without just compensation. III. Summary and Conclusion Internally, the LDR allows for no loss of the nonconforming use due to partial abandonment of a structure. To the contrary, it allows a partial abandonment to be remedied and specifically states that a nonconforming use can extend to the full structure. There is presently an appropriate nonconforming use extending to the whole structure. There may be repair uses as well as retail uses. Alternatively, no discontinuance or abandonment has taken place. My client continues to hold the property out for the purposes of the nonconforming use. The lack of a tenant is merely a vacancy and not a discontinuance or abandonment by the owner. Accordingly, there must be a reversal of the decision of the Board. RECEIVED .s/d7/9d- CIlY CLERK .. ,,,,. ,. - ~ THE RELIEF BEING SOUGHT The relief being sought herein is a finding that the property in question has not lost its nonconforming use and a reversal of the Board's determination. THE NAME OF THE APPELLANT AND THE APPELLANT'S INTEREST IN THE MATTER The appellant herein is Hans Egger, Inc., a Florida corporation, and its interest in the matter arises out of its ownership of the property located at 445 North Federal Highway, Delray Beach, Florida. .- " Appellant reserves its rights to submit additional materials before the matter is heard. Respectfully submit~d, ~ -' ! /. / . , . / . '~\\U}J \,.f- '') \ i . . Michael S. Wein~, ____..J ~ ..J"'-\ Attorney for O,ner CA:lb / cc: Amerivest Realty, Inc. c/o Mr. Charles Spall ita Mr. Josef Helbling-Egger RECEIVED 5/ a7!r;;;. CITY CLERK .. ,,", " . .. [ITY DF DElHAY BEA[H June 1, 1992 Michael S. Weiner, Esq. Michael S. Weiner & Associates, P.A. 102 North Swinton Avenue Delray Beach, FL 33444 Re: Appeal of Planning and Zoning Board Decision/Nonconforming Use Status for Property Located at 445 North Federal Highway, Delray Beach, Florida Dear Mr. Weiner: This is to acknowledge receipt of your letter of appeal with respect to the action taken by the Delray Beach Planning and Zoning Board on the above referenced matter at the meeting of May 18, 1992. Pursuant to Section 2.4.7 of the Land Development Regulations, the appeal was received in a timely manner by the City Clerk's office on May 27, 1992. As requested, please be advised that the matter will be scheduled for consideration by the City Commission at the regular meeting to be held on Tuesday, June 23, 1992. The meeting will begin at 6:00 p.m. and will be held in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. You may wish to check with my office prior to the June 23rd meeting to determine the item's standing on the agenda. Should you have any questions, please do not hesitate to contact me at 407/243-7050. Sincerely, ~t(he~ lied; Alison MacGregor Harty City Clerk AMH/m cc: Diane Dominguez, Planner III Cheryl Leverett, Agenda Coordinator THe E,ru~ f ,.\, . .. '.", " MICHAEL S. WEINER & ASSOCIATES, P.A. A 7TORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 MICHAEL S. WEINER South Palm Beach County: (407) 265-2666 CAROLE ARONSON North Palm Beach County: (407) 736-5888 RANDI S. TOMPKINS Broward County: (305) 462-4935 Telecopier: (407) 272-6831 OF COUNSEL: PETER J. MURRAY May 27, 1992 HAND DELIVERED and CERTIFIED MAIL/RETURN RECEIPT REQUESTED Ms. Alison MacGregor Harty City Clerk City of Delray Beach 100 N. W. lst Avenue Delray Beach, FL 33444 RE: Appeal to City Commission, City of Delray Beach Owner: Hans Egger, Inc. , a Florida corporation Our File No.: EGGH(030)OOl Ladies and Gentlemen: Enclosed please find the appeal of Hans Egger, Inc. , to the City Commission of the City of Delray Beach pursuant to Section 2.4.7 of the~Land Development Regulations of the City of Delray Beach. 'Ii We reque~t/to be placed on the agenda at the City Commission meet~~?>'61 Tuesday, /June 23, 1992. v~r~l~ ~~s, , , . \: J '/ \ / I ~~\(l,\e \ I Vl)U/) ~ M~haes. i et MSW:lb - RECElVED s/a7/9~ cnv CLERK ,. ,. - > RECEIVED 5/a7!9;2. CITY CLERK Appeal of Hans Egger, Inc., a Florida corporation to the City Commission of the City of Delray Beach Pursuant to S2.4.7(E) of the Land Development Regulations of the City of Delray Beach THE ACTION WHICH IS BEING APPEALED The action being appealed is a denial of an appeal by the Board of Planning and Zoning of the City of Delray Beach (the "Board"). The appeal in question sought a determination that the property owned by Hans Egger, Inc., which is located at 445 North Federal Highway, Delray Beach, Florida, had not lost its status as a nonconforming use. IDENTIFICATION OF WHO TOOK THE ACTION AND WHEN IT WAS MADE The action by the Board was taken on May 18, 1992. THE BASIS OF THE APPEAL The basis of the appeal is that the property in question, located at 445 North Federal Highway, Delray Beach, Florida has not lost its nonconforming use status pursuant to Section 1.3.5(B) of the Land Development Regulations of the City of Delray Beach ("LDR"), which provides, in part, the following: "Where lawful use of a structure and land exists on September 1, 1990, that would not now be allowed, such use of structure and land may be continued subject to the following provisions: (B) When a nonconforming use is discontinued or abandoned for a continuous period of 180 days, every subsequent use shall be in conformity with the requirements for the zoning district in which it is located." This Section of the LDR has been incorrectly applied to Hans Egger, Inc. for a number of different reasons. Among them are the following: I. The Land Development Regulations do not demand that a nonconforming use be lost for portions of a structure. The LDR does not require the loss of the use where a portion of the structure may have been abandoned by various tenants or the use discontinued. Specifically, Sl.3.5(A) of the LDR states that a nonconforming use may be extended internally throughout any part of the structure, provided the use is not extended to occupy any land outside the existing structure. Accordingly, even if for a moment you interpret the LDR to mean that a nonconforming '. "q use could be lost for a portion of a structure, this Section in and of itself would allow you to expand back to the whole structure. One of the definitions of the word "extend" in Funk & Wagnall's Standard Desk Dictionary (l980 Ed.) is "To spread out; expand." Therefore, the use of the word "extend" in the LDR necessarily also means expand, encompassing the situation at hand. There is no other provision in the LDR which would indicate any other interpretation as appropriate. It would strain logic that S1.3.S(A) of the LDR was written to be meaningless. Accordingly, there is no partial abandonment or discontinuance. II. The nonconforming use has neither been discontinued nor abandoned for a continuous period of 180 days and therefore has not been lost. The legal meaning of the term "discontinuance" is as to the owner's intent, and not the tenant's situation. See, for example City of Miami Beach, et al v. State, 174 So. 443 (Florida Supreme Court 1937), where cessation of business for repairs was not discontinuance of use. Generally, courts have held "discontinuance" or "abandonment" only when there was intention on the part of the owner to permanently relinquish the nonconforming use. See 82 Am. Jur.2d "Zoning and Planning", S216. SO, for example, as is the case here, when the owner is attempting to find a suitable tenant, the mere vacancy of the property does not constitute a discontinuance of its use. The owner continued to hold the property out for its use and his inability to find a tenant is a situation beyond the owner's control. It does not affect the owner's intent to continue to hold the property out for use in a nonconforming manner. Any other interpretation of the LDR would violate due process and be a taking without just compensation. III. Summary and Conclusion Internally, the LOR allows for no loss of the nonconforming use due to partial abandonment of a structure. To the contrary, it allows a partial abandonment to be remedied and specifically states that a nonconforming use can extend to the full structure. There is presently an appropriate nonconforming use extending to the whole structure. There may be repair uses as well as retail uses. Alternatively, no discontinuance or abandonment has taken place. My client continues to hold the property out for the purposes of the nonconforming use. The lack of a tenant is merely a vacancy and not a discontinuance or abandonment by the owner. Accordingly, there must be a reversal of the decision of the Board. RECEIVED .slal/9;)- CITY CLERK " ,.". . . THE RELIEF BEING SOUGHT The relief being sought herein is a finding that the property in question has not lost its nonconforming use and a reversal of the Board's determination. THE NAME OF THE APPELLANT AND THE APPELLANT'S INTEREST IN THE MATTER The appellant herein is Hans Egger, Inc., a Florida corporation, and its interest in the matter arises out of its ownership of the property located at 445 North Federal Highway, Delray Beach, Florida. " " Appellant reserves its rights to submit additional materials before the matter is heard. Respectfully submityed, t . ' ,.. 'f\-' Z/., / ~\",-' \~.s\ij~~"~~\_" ~ ~ Michael S. Wein~, -....,.J ~ .J ~ , Attorney for ier CA:lb , cc: Amerivest Realty, Inc. c/o Mr. Charles Spall ita Mr. Josef Helbling-Egger RECEIVED 6/ a7 /9;;)- I CITY CLERK .. ';q, j, , , MICHAEL S. WEINER & ASSOCIATES, P .A. A TTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 MICHAEL S. WEINER South Palm Beach County: (407) 265-2666 CAROLE ARONSON North Palm Beach County: (407) 736-5888 RANDI S. TOMPKINS Broward County: (305) 462-4935 Telecopier: (407) 272-6831 OF COUNSEL: PETER J. MURRAY April 16, RECEIVED 1992 APR 2 0 1992 CERTIFIED MAIL/RETURN RECEIPT REQUESTED cnv CLERK Ms. Alison MacGregor Harty City Clerk City of Delray Beach 100 N. W. 1st Avenue Delray Beach, FL 33444 RE: Appeal to Board of Planning and Zoning, City of Delray Beach Owner: Hans Egger, Inc. , a Florida corporation Our File No.: EGGH(030)001 Ladies and Gentlemen: please find the appeal of Hans Egger, Inc., pursuant to 2.4.7 of the Land Development Regulations of the City of each. S. w: i~ MSW:lb 1'1' ,. Appeal of Hans Egger, Inc., a Florida corporation to the Board of Planning and zoning City of Delray Beach Pursuant to S2.4.7(E) of the Land Development Regulations of the City of Delray Beach THE ACTION WHICH IS BEING APPEALED The action being appealed is a finding by Jerome Sanzone, Chief Building Official, City of Delray Beach, which was contained in a letter from Charles Spallitta to Mr. Sanzone, dated September 3, 1991, which was counter-signed by Mr. Sanzone indicating his agreement to the contents thereof. This letter is attached hereto as Exhibit "A". IDENTIFICATION OF WHO TOOK THE ACTION AND WHEN IT WAS MADE The action by Mr. Sanzone was taken some time between September 1 and September 20, 1991. THE BASIS OF THE APPEAL The basis of the appeal is that the property in question, located at 445 North Federal Highway, Delray Beach, Florida has not lost its nonconforming use pursuant to Section 1.3.5(B) of the Land Development Regulations of the City of Delray Beach ("LDR"), which provides, in part, the following: "Where lawful use of a structure and land exists on September 1, 1990, that would not now be allowed, such use of structure and land may be continued subject to the following provisions: (B) When a nonconforming use is discontinued or abandoned for a continuous period of 180 days, every subsequent use shall be in conformity with the requirements for the zoning district in which it is located." This Section of the LDR has been incorrectly applied to Hans Egger, Inc. for a number of different reasons. Among them are the following: I. The Land Development Regulations do not demand that a nonconforming use be lost for portions of a structure. The LDR does not require the loss of the use where a portion of the structure may have been abandoned or the use discontinued. Specifically, Sl.3.5(A) of the LDR states that a nonconforming use may be extended internally throughout any part of the structure, provided the use is not extended to occupy any land .. " outside the existing structure. Accordingly, even if for a moment you interpret the LOR to mean that a nonconforming use could be lost for a portion of a structure, this Section in and of itself would allow you to expand back to the whole structure. There is no other provision in the LDR which would indicate any other interpretation as appropriate. It would strain logic that 51.3.5(A) of the LOR was written to be meaningless. Accordingly, there is no partial abandonment or discontinuance. II. The nonconforming use has neither been discontinued nor abandoned for a continuous period of 180 days and therefore has not been lost. The legal meaning of the term "discontinuance" is as to the owner's intent, and not the tenant's situation. See, for example City of Miami Beach, et al v. State, 174 So. 443 (Florida Supreme Court 1937), where cessation of business for repairs was not discontinuance of use. Generally, courts have held "discontinuance" or "abandonment" only when there was intention on the part of the owner to permanently relinquish the nonconforming use. See 82 Am. Jur.2d "Zoning and Planning", 5216. So, for example, as is the case here, when the owner is attempting to find a suitable tenant, the mere vacancy of the property does not constitute a discontinuance of its use. The owner continued to hold the property out for its use and his inability to find a tenant is a situation beyond the owner's control. It does not affect the owner's intent to continue to hold the property out for use in a nonconforming manner. Any other interpretation of the LOR would violate due process and be a taking without just compensation. III. Summary and Conclusion Internally, the LDR allows for no loss of the nonconforming use due to partial abandonment of a structure. To the contrary, it allows a partial abandonment to be remedied and specifically states that a nonconforming use can extend to the full structure. Alternatively, no discontinuance or abandonment has taken place. My client continues to hold the property out for the purposes of the nonconforming use. The lack of a tenant is merely a vacancy and not a discontinuance or abandonment by the owner. Accordingly, there must be a reversal of the decision of Mr. Sanzone. By reversal of his interpretation under Item 1 of the Letter, interpretations under Item 2 and Item 3 also fail. There is presently an appropriate nonconforming use extending to the whole structure. There may be repair uses as well as retail uses. It is not a necessity at this point to apply for rezoning to AC. Of course, as a voluntary effort, my client may wish to do so in the future. '. " THE RELIEF BEING SOUGHT The relief being sought herein is a finding that Mr. Sanzone was incorrect in his application of the LDR, and a reversal of his interpretation as set forth in the Letter. THE NAME OF THE APPELLANT AND THE APPELLANT'S INTEREST IN THE MATTER The appellant herein is Hans Egger, Inc., a Florida corporation, and its interest in the matter arises out of its ownership of the property located at 445 North Federal Highway, Delray Beach, Florida CA:lb cc: Amerivest Realty, Inc. c/o Mr. Charles Spallita Mr. Josef Helbling-Egger " " ... ,...."'~ -'- -. / !. . \ -,. , , Amer;lIest REAL TORS~ Realty, inc. 407 ~) 276-5707 1 S.E. 4TH AVE., SUITE 210 September 3, 1991 DELRA Y BEACH, FL 33483 Mr. Jerry Sansone Chief Building Official City of Delray Beach 100 NW 1 Avenue Delray Beach FL 33444 Ref: Federal Auto Plaza 445 N. Federal Highway Delray Beach FL Dear Mr. Sansone, I wish to report to the owner as accurately as I can the City's position you have outlined to me regarding type of tenants we can and cannot put into the vacant portions of the buildings. As you know I was engaged by the owner as leasing agent for the property. The current question was precipitated by my obtaining a tenant, ready to take occupancy, whose occupational license application was denied 8/29 for his intended use of automobile window tinting sales and installation, as well as automobile stereo and alarm system sales and installation. My understanding of your position is as follows: 1- 180 days cessation of use in an individual bay luses the . grandfathering of that bay to automotive repair - spite any use ~n of continuance of such use elsewhere on the property. The only thing you would allow is extension of the present users into the vacated bays. 2- Although auto tinting sales and stereo and alarm sales are retail and therefore permitted uses, the installation of these products are deemed by you as repair uses, not retail - and therefore are industrial uses. 3- You state the current alternatives we have [ur tenant users of the property are: a) Rent to strictly retail uses; ~.e. Sales only, no installation. \ b) Request rezoning to AC, which you say wuuld trigger upgrading of the property to new standards. Con t I d Page 2 EXHIBIT Ii 1 , ,. " . I ^ ,.............. --~. I> ~ ~ : ., .. . .' f < Page 2 4- You advise that the type of use this tenant applied for, unless grandfathered, is permissible only in I, MIC, and AC districts, not Ge, even though retail sales is not a permitted use in I and is limited in MIC. In order that the owner be given a clear idea of what the issues are here, and he may wish to take exception due to denial of a prospective tenant and effect on future prospective tenants, would you please confirm that I have accurately stated your position expressed to me. ~ 1... ' arl es;" Spa litta REALTOR I (()f.W L-c(L ~,.'r(A) -r.o ~d"<; GD\,J~OVl c <; 'fl~ {'I') 1st Ind: TO: Mr. Charles Spallitta SUBJECT: Confirmation of Understanding Dear Mr. Spallitta: Your understanding of my position on the 3 points indicated in this letter is accurate and correct. If you have any questions please let me know. Official ~. rjUJjq I JS:DC C ~_ ~~ t D~~6' ~LlLCA "I\1-D\q, , ,. " . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT ***** REVISED STAFF REPORT AS OF MAY 15, 1992 ******* MEETING OF: MAY l8 1992 AGENDA ITEM: IV.A. Consideration of an Appeal of Administrative Action regarding a Use Determination Re: Federal Auto Plaza ITEM BEFORE THE BOARD: The item before the Board is that of review and action on an appeal of an administrative action. The appeal is taken pursuant to LDR Section 2.4.7(E). The appeal of a determination by the Administration regarding a "use" issue. Since "use" issues fall under the auspices of the Director (of Planning and Zoning) [ref: 2.1.2(B)(a)], the appropriate appeal body is the Planning and Zoning Board. In turn, the action of the Board may be appealed to the City Commission. The appeal has been appropriately filed in response to the Director's letter of April 6, 1992. BACKGROUND: The appeal documentation (provided by the applicant) is complete. The appeal seeks the establishment of a general classification of use (auto repair) which would include among other uses actual repair, the sale and installation of speciality items (window tinting, stereo equipment), auto detailing, and similar uses; and, the accommodation of such uses within a structure which currently has, in a non-conforming status, such generally classified uses. The appeal does not seek the ability to accommodate the "use" of automobile sales or paint and body work which are not considered within the above general classification. Nor does the appeal seek to accommodate any such non-conforming use wi thin a free standing vacant structure which is located on the site. The appeal has two bases. Each is addressed in the applicant's submission. In addition to the applicant's information, provisions of the LDRs (Article 1. 3) dealing with nonconforming uses, lots, and structures is attached. IV.A. ,. ".1 P&Z Staff Report , Consideration of an Appeal of Administrative Action Regarding a Use Determination Page 2 ANALYSIS: The City Attorney's Office has prepared a brief regarding court interpretations and opinions with respect to the determination of what constitutes "abandonment" and "discontinuance of use" (Point Two). The City Attorney's Office has also prepared a brief regarding the structure of our regulations and the ability to restrict internal expansion in the manner exercised by the Administration (Point 1). In the opinion of the City Attorney the position taken by the Director of Planning and the practices of the City regarding the regulation of expansion of non-conforming uses within a structure is proper under LDR Article 1.3. In addition to consideration of this appeal, the applicant also has the option of seeking AC zoning along with a concurrent Conditional Use request for the allowed use of "auto repair" and/or "speciality auto repair/services". In the case of auto repair facilities which were made non-conforming throughout most of the City in the mid-1980's, provisions have been made with the adoption of the LDRs in 1990 to allow them to seek a conforming status. Thus, the merits of any individual situation could be assessed. MANNER OF PROCEEDING: Consideration of the appeal and by motion, either support the appeal or deny it. If the appeal is granted, the motion should be very precise as to: (a) the proper interpretation of the regulation; and, (b) the manner in which the interpretation applies to the specific site and structure for which the appeal has been filed. RECOMMENDED ACTION: Since the action is an appeal of the Administration's application of the Code, a recommendation is not set forth. Attachments: * Appeal letter filed by Michael Weiner, dated April 16, 1992 with support documents * city Attorney' opinion memorandum of May 6, 1992 * LDR Article .3,~~nfOrming Uses Report prepared by. ~ Reviewed by DD on: '1 " . MICHAEL S. WEINER & ASSOCIATES, P .A. A TTORNEYS A T LA W The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 MICHAEL S. WEINER South Palm Beach County: (407) 265-2666 CAROLE ARONSON North Palm Beach County: (407) 736.5888 RANDI S. TOMPKINS Broward County: (305) 462-4935 Telecopier: (407) 272-6831 OF COUNSEL: PETER J. MURRAY April 16, 1992 RECEIVED APR 2 0 1992 CERTIFIED MAIL/RETURN RECEIPT REQUESTED CfTY CLERK Ms. Alison MacGregor Harty City Clerk City of Delray Beach 100 N. W. 1st Avenue Delray Beach, FL 33444 RE: Appeal to Board of Planning and Zoning, City of Delray Beach Owner: Hans Egger, Inc., a Florida corporation OUr File No.: EGGH(030)OOI Ladies and Gentlemen: please find the appeal of Hans Egger, Inc., pursuant to 2.4.7 of the Land Development Regulations of the City of each. MSW:lb " ';>1 . Appeal of Hans Egger, Inc., a Florida corporation to the Board of Planning and Zoning City of Delray Beach Pursuant to S2.4.7(E) of the Land Development Regulations of the City of Delray Beach THE ACTION WHICH IS BEING APPEALED The action being appealed is a finding by Jerome Sanzone, Chief Building Official, City of Delray Beach, which was contained in a letter from Charles Spallitta to Mr. Sanzone, dated September 3, 1991, which was counter-signed by Mr. Sanzone indicating his agreement to the contents thereof. This letter is attached hereto as Exhibit "A". IDENTIFICATION OF WHO TOOK THE ACTION AND WHEN IT WAS MADE The action by Mr. Sanzone was taken some time between September 1 and September 20, 199L THE BASIS OF THE APPEAL The basis of the appeal is that the property in question, located at 445 North Federal Highway, Delray Beach, Florida has not lost its nonconforming use pursuant to Section 1.3.5(B) of the Land Development Regulations of the City of Delray Beach ("LOR"), which provides, in part, the following: "Where lawful use of a structure and land exists on September 1, 1990, that would not now be allowed, such use of structure and land may be continued subject to the following provisions: (B) When a nonconforming use is discontinued or abandoned for a continuous period of 180 days, every subsequent use shall be in conformity with the requirements for the zoning district in which it is located." This Section of the LDR has been incorrectly applied to Hans Egger, Inc. for a number of different reasons. Among them are the following: I. The Land Development Regulations do not demand that a nonconforming use be lost for portions of a structure. The LDR does not require the loss of the use where a portion of the structure may have been abandoned or the use discontinued. Specifically, Sl.3.5(A) of the LDR states that a nonconforming use may be extended internally throughout any part of the structure, provided the use is not extended to occupy any land . outside the existing structure. Accordingly, even if for a moment you interpret the LDR to mean that a nonconforming use could be lost for a portion of a structure, this Section in and of itself would allow you to expand back to the whole structure. There is no other provision in the LDR which would indicate any other interpretation as appropriate. It would strain logic that Sl.3.5(A) of the LDR was written to be meaningless. Accordingly, there is no partial abandonment or discontinuance. II. The nonconforming use has neither been discontinued nor abandoned for a continuous period of 180 days and therefore has not been lost. The legal meaning of the term "discontinuance" is as to the owner's intent, and not the tenant's situation. See, for example City of Miami Beach, et al v. State, 174 So. 443 (Florida Supreme Court 1937), where cessation of business for repairs was not discontinuance of use. Generally, courts have held "discontinuance" or "abandonment" only when there was intention on the part of the owner to permanently relinquish the nonconforming use. See 82 Am. Jur.2d "Zoning and Planning", S216. SO, for example, as is the case here, when the owner is attempting to find a suitable tenant, the mere vacancy of the property does not constitute a discontinuance of its use. The owner continued to hold the property out for its use and his inability to find a tenant is a situation beyond the owner's control. It does not affect the owner's intent to continue to hold the property out for use in a nonconforming manner. Any other interpretation of the LDR would violate due process and be a taking without just compensation. III. Summary and Conclusion Internally, the LDR allows for no loss of the nonconforming use due to partial abandonment of a structure. To the contrary, it allows a partial abandonment to be remedied and specifically states that a nonconforming use can extend to the full structure. Alternatively, no discontinuance or abandonment has taken place. My client continues to hold the property out for the purposes of the nonconforming use. The lack of a tenant is merely a vacancy and not a discontinuance or abandonment by the owner. Accordingly, there must be a reversal of the decision of Mr. Sanzone. By reversal of his interpretation under Item 1 of the Letter, interpretations under Item 2 and Item 3 also fail. There is presently an appropriate nonconforming use extending to the whole structure. There may be repair uses as well as retail uses. It is not a necessity at this point to apply for rezoning to AC. Of course, as a voluntary effort, my client may wish to do so in the future. It . THE RELIEF BEING SOUGHT The relief being sought herein is a finding that Mr. Sanzone was incorrect in his application of the LDR, and a reversal of his interpretation as set forth in the Letter. THE NAME OF THE APPELLANT AND THE APPELLANT'S INTEREST IN THE MATTER The appellant herein is Hans Egger, Inc., a Florida corporation, and its interest in the matter arises out of its ownership of the property located at 445 North Federal Highway, Delray Beach, Florida CA:lb cc: Amerivest Realty, Inc. c/o Mr. Charles Spallita Mr. Josef Helbling-Egger / .-. \ .,. , Amer;"est REALTORS~ Realty, inc. 407 }{XQ5) 276-5707 1 S.E. 4TH AVE.. SUITE 210 September 3, 1991 DELRA Y BEACH, FL 33483 Mr. Jerry Sansone Chief Building Official City of Delray Beach 100 NW 1 Avenue Delray Beach FL 33444 Ref: Federal Auto Plaza 445 N. Federal Highway Delray Beach FL Dear Mr. Sansone, I wish to report to the owner as accurately as I can the City's position you have outlined to me regarding type of tenants we can and cannot put into the vacant portions of the buildings. As you know I was engaged by the owner as leasing agent for the property. The current question was precipitated by my obtaining a tenant, ready to take occupancy, whose occupational license application was denied 8/29 for his intended use of automobile window tinting sales and installation, as well as automobile stereo and alarm system sales and installation. My understanding of your position is as follows: 1- 180 days cessation of use in an individual bay luses the . grandfathering of that bay to any automotive repair in spi te use - of continuance of such use elsewhere on the property. The only thing you would allow is extension of the present users into the vacated bays. 2- Although auto tinting sales and stereo and alarm sales are retail and therefore permitted uses, the installation of these products are deemed by you as repair uses, nut retail - and therefore are industrial uses. 3- You state the current alternatives we have [or tenant users of the property are: a) Rent to strictly retail uses; Le. Sales only, no installation. I b) Request rezoning to AC, which you say would trigger upgrading of the property to new standards. Cont'd Page 2 EXHIBIT A .0 ;. f ( . 1 .. . ~ David J. Kovacs, Director of Planning & Zoning May 6, 1992 Page 2 nonconforming use. In the case of Peters v. Thompson, 68 So.2d 581 (Fla. 1954) , Dade County refused to issue a zoning permit to the lessee of property intended to be used as a cocktail lounge. The prior lessee operated the cocktail lounge on the property, but discontinued the use on November 30, 1951 by giving the keys to the property owner. On July 7, 1952, a new lessee applied for a zoning permit from the county. The county denied the request. The basis for the denial was a county resolution which stated in part: No . . . premises, . . . wherein or whereon anon - conforming usage is discontinued for a period of at least six (6 ) months . . . shall again be devoted to any use prohibited by [the] resolution. 68 So.2d at 582. Due to the fact that the nonconforming use lapsed for more than six months, the county decided to deny the permit request. The circuit court overturned the county's decision, thus the county appealed. On appea l, the Florida Supreme Court reversed the trial court and reinstated the county's denial. According to the court, the evidence demonstrated that the business closed for more than six months. The court continued: [T]he county commissioners were not only justified in refusing a resumption of the business, but were prevented from doing so by the very terms of the resolution effectuating zoning. 68 So.2d at 582-583. Therefore, the court upheld the county's decision and denied the lessee's request for the zoning permit. Like Dade County's resolution, the City of Delray Beach's Land Development Regulations prohibit the establishment of the nonconforming use in the use is discontinued or abandoned for a period of 180 days. If, in this instance, the evidence illustrates that the nonconforming use was abandoned or discon- tinued for more than 180 days, the City may rely on the Peters decision and enforce its code provisions. Therefore, the City may apply on Section 1.3.5(B) of the City's LDRs to prohibit establishment of the nonconforming use. In his letter, Mr. Weiner claims that no abandonment occurred because the property owner never intended to abandon the use. As with the resolution in the Peters case, the provisions of the City's code regarding abandonment of a nonconforming use do not mention intent. Under the City's LDRs, it is irrelevant ,. David J. Kovacs, Director of Planning & Zoning May 6, 1992 Page 3 whether the property owner intended to continue the noncon- forming use. The City's code states that abandonment of a use occurs when the use is absent for 180 days. Therefore, in the Peters case, the City may deny the establishment of the non- conforming use regardless of intent. Another issue is the question of expansion of a nonconforming use into a vacant portion of a structure. Section 1.3.5 (A) does allow for extending the nonconforming use throughout any part of the structure. The term "extend," as used in the LDRs differs from the term "expand." Extend means to stretch out in different directions. Expand means to increase in size, scope, or volume. Thus, it appears that the use of the term "extend" in Section 1.3.5 (A) would indicate that a nonconforming use could operate in all portions of a structure; however, the use could not increase in volume or scope. Furthermore, extension of a nonconforming use is limited by Section 1.3.6 which limits the types of repairs which a property owner may make. Expanding the number of nonconforming uses by adding a new nonconforming use would not be permitted under the City's LDRs. Adding new nonconforming uses would increase the volume of nonconforming uses on the property. As indicated in the first paragraph of this memorandum, nonconforming use categories were established in order to lessen the number of uses. Therefore, expanding the number of nonconforming uses does not reach this goal, and would violate Section 1.3.5(A). One final issue is the question of replacing one nonconforming use wi th another nonconforming use. The goal in enforcing nonconforming use regulations is to discontinue all noncon- forming uses in the zoning district. As stated in Section 1.3. 1 (B) of the City's LDRs, nonconforming uses shall not be extended by "adding other uses of a nature which would be prohibi ted in the zoning district involved." This statement supports the City's position that if the replacement of a nonconforming use occurs, the nonconforming use may only be replaced by the same nonconforming use. Replacement with a similar nonconforming use is not permitted. Allowing a similar nonconforming use to be established violates the prohibition as stated in Section 1.3.1(B). Therefore, if the replacement of a nonconforming use occurs, the replacement must be identical to the prior nonconforming use. As a brief study of the applicable law indicates, it appears that the City could bar the establishment of nonconforming uses in abandoned portions of structures pursuant to Section 1.3.5(B) of the LDRs. Nonconforming uses may be extended into vacant portions, subject to the repair limitations in Section David J. Kovacs, Director of Planning & Zoning May 6, 1992 Page 4 1.3.6. Expansion of new nonconforming uses into vacant structures or portions of structures would create an increase in the amount of nonconforming uses within the structure in violation of the City's code. Therefore, it is my opinion that the City may deny a certificate of occupancy to a nonconforming use which will occupy a vacant portion of a structure in which a previously nonconforming use vacated for more than 180 days. DNT:sh uses1.dnt " . . Section 1.3.1 . . ARTICLE 1.3: NONCONFORMING USES, LOTS, AND STRUCTURES: Section 1.3.1 Purpose: ( A) Within the zoning districts established by Chapter Four, there exist lots, structures, uses of land and structures, and characteristics of use, which were lawful before the passage of said Chapter Four but are now prohibited, regulated, or restricted. It is the intent to allow such nonconformities to continue until they are removed, but not to encourage their continuation. Nonconformities shall not be enlarged upon, expanded, extended, or used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district. (B) Nonconforming uses are declared to be incompatible with uses allowed in the zoning districts involved. A nonconforming use of a structure, land, or structure and land in combination, shall not be extended or enlarged, either by erecting additional signs, adding additional square footage to a structure, or adding other uses of a nature which would be prohibited in the zoning district involved. . (C) To avoid undue hardship, nothing herein shall require a change in the plans, construction, or designated use of any building on which actual construction has been carried on diligently. Actual construction shall include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition, excavation, or removal of an existing building has been substantially started preparatory to rebuilding, such demolition, excavation, or removal shall be considered actual construction, provided the work is carried on diligently, and the development becomes established pursuant to 2.4.4(C). Section 1.3.2 Nonconforming Lots of Record: Any lot or parcel of record which qualifies as a lot of record may be used only as allowed in Section 4.1.4. Section 1.3.3 Nonconforming Uses of Land, or Land with Minor Structures Only: Where lawful use of the land existed on September 1, 1990, that would not now be allowed and where the use involves no individual structures with a replacement cost exceeding $1,000, the use may be continued, subject to the following provisions: . 1301 .. . Section 1.3.3 (A) ( A) A nonconforming use shall not be enlarged, increased, t nor extended to occupy a greater area of land than was occupied at the effective date of this chapter. (B) A nonconforming use shall not be moved in whole or in part to any portion of the lot or parcel, other than that occupied by such use on September 1, 1990. (C) If any nonconforming use of land only, ceases for any reason for a continuous period of 30 days, every subsequent use of the land shall conform to the requirements specified for the zoning district in which the land is located. (D) No additional structures shall be erected unless they conform to the requirements of the zoning district in which the land is located. Section 1.3.4 Nonconforminq Structures: Where a lawful structure existed on September 1, 1990, that could not now be built, such structure may be continued, subject to the following provisions: ( A) A nonconforming structure shall not be altered or enlarged in any way which increases its nonconformity. Any I structure may however, be altered to decrease its nonconformity. (B) Should the nonconforming structure be destroyed by any means to an extent exceeding 50% of its replacement cost, such structure shall not be reconstructed except in conformance with the requirements for the zoning district in which it is located. (C) Should the nonconforming structure be moved for any reason, for any distance whatever, it shall thereafter conform to the requirements for the zoning district in which it is located. Section 1.3.5 Nonconforming Uses of Structures and Land: Where lawful use of a structure and land existed on September 1, 1990, that would not now be allowed, such use of a structure and land may be continued, subject to the following provisions: ( A) The nonconforming use may be extended internally throughout any part of the structure, provided the use is not extended to occupy any land outside the existing structure. ( B) When a nonconforming use is discontinued or abandoned for a continuous period of 180 days, every subsequent use shall be in conformity with the requirements for the zoning district in which it is located. . 1302 I' . - Section 1.3.6 . (C) Should the structure involving a nonconforming use be destroyed by any means to an extent exceeding 50\ of its replacement cost, such structure shall not be reconstructed except in conformance with both the development and use requirements for the zoning district in which it is located. Section 1.3.6 Repairs and Maintenance: ( A) On any nonconforming structure or on a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of fixtures, nonbearing walls, plumbing, or wiring, provided the repair work does not exceed 10\ of the current replacement cost of the structure. (B) If the Chief Building Official declares a nonconforming structure or structure containing a nonconforming use to be unsafe or unlawful due to its physical condition, such structure shall not be rebuilt, repaired, or restored, except in con- formance with the requirements for the zoning district in which it is located. (C) Nothing herein shall prevent the strengthening or . restoring to a safe condition, any building or part thereof declared to be unsafe by the Chief Building Official. Section 1.3.7 Uses Allowed as Conditional Uses: Any use which is now allowed as a conditional use in a zoning district but which, prior to September 1, 1990, was an established permitted use shall not be deemed a nonconforming use but shall without further action be considered a conforming conditional use. A use previously established as a conditional use and now allowed as such, shall be subject to conditions as originally imposed thereon. . 1303 .. .,.1 BACKGROUND AND ISSUES PAPER REGARDING EXPANSION OF NON-CONFORMING USES WITHIN A STRUCTURE DRAFT * 1 DJK: 5/5/92 I. GENESIS II. THEORY III. LOCAL APPLICATION IV. POLICY CONSIDERATIONS V. P&Z BOARD CONSIDERATIONS I. G ENE S I S Specific Issue: The specific issue before the Planning and Zoning Board is an appeal of LDR provisions dealing with the establishment of a non-conforming use within a structure when the use is confined to a specific and separate space within the structure (e. g. a "bay"). Although not a part of the legal arguments being presented, the applicant and others have expressed the appropriateness of the City's non-conforming use regulations and the manner in which they are applied. Thus the issue is two-fold. One aspect is the appropriateness (desirability) of such the provisions; the other is the precise language of the LDRs. For the purpose of this background paper, the specifics of the case under appeal is not being addressed. Those specifics will be addressed separately in the Planning and Zoning Board documentation. This paper focuses upon the appropriateness of our use of the doctrine of non-conforming use abatement. II. THE 0 R Y The concept of creating "non-conformities" and phasing them out of existence through attrition has been in existence since zoning was upheld by the judicial system. These non-conformities may be in site location, compliance with regulations/standards, or with respect to use. The theory is simply that such undesired uses or use of land will, if not allowed to expand or repair, eventually cease; and, will be replaced by a conforming situation. Attached are excerpts from the Zoninq and Planninq Deskbook which address this general theory and also its application with respect to changes in use. .., ",,', ,. III. LOCAL A P P L I CAT ION Use of the doctrine of non-conformities has existed in the Delray Beach Zoning Codes (now the LDRs) for many years. In general, the doctrine is applied as follows (with respect to "use" which is the subject of this background paper): A. A non-conforming use may continue to function with Limitations. B. A non-conforming use may be replaced with a use allowed within the current zoning designation; however, once replaced with an allowed use, the non-conforming use cannot be re-established. C. A non-conforming use may be replaced with the same use (occupying the same, or lesser, space) provided the time constraints per (F), below, are met. D. A non-conforming use may expand within a single structure provided that the expansion is by an existing business and that the expansion is not into a separate and distinct portion of the structure (structural changes can be made to transform a separate and distinct a~ea to a part of the existing use area). E. A non-conforming use may not expand with respect to: -- outside land -- into a separate structure on a parcel -- into a separate and distinct portion of a structure (e.g. a "bay") -- the creation of new floor area within a structure (e.g. the addition of a loft or interior second story) F. A non-conforming use which does not actually occur on a parcel or in a structure on a parcel or in a separate and distinct portion of a structure for a continuous period of 180 days may not be re-established. with respect to "use", the above doctrine is most often applied within the City of Delray Beach in the following areas: 1. Within the CBD (original DDA area) where industrial, repair, and contractor uses exist(ed). 2. Within the area south of CBD (NE 2nd Ave/3rd St/4th St) where auto repair and industrial uses exist(ed). 3. Along the Federal Highway strip where auto repair, auto lease, and similar uses exist(ed). - 2 - '. HI Within the CBD (expanded), there are two areas where some specific industrial uses are accommodated through a "zoning within zoning" provision. The CRA and the DDA have been requested to examine this situation and to make specific recommendations as to the continuation of such uses. In the area south of the CBD, general industrial uses were made non-conforming in the 1970s when the Heavy Commercial designation was replaced with General/Specialized Commercial (SC) . Subsequently, in the 1980s when auto repair uses were deleted from SC zoning, they became non-conforming. Along Federal Highway, the sequence was similar to that for the area south of the CBD. However with the LDRs (1990), the AC zone district was created and provides the opportunity for bringing a non-conforming situation into conformity through approval of a rezoning (GC to AC) and concurrent conditional use approval. Through this concurrent review process, provisions for reasonable up-grading of a site can be accommodated. IV. POL ICY CON SID ERA T ION S With the appeal going before the Planning and Zoning Board it is appropriate to examine the basic policy considerations which are being applied and to determine if changes should be made. Questions which should be addressed by the Board include: l. Should a non-conforming use be allowed to be replaced with a similar use (as opposed to the same use)? 2. Should a non-conforming use be allowed to be replaced with a use allowed wi thin the general zoning category of the non-conforming use I.e. another "light industrial" or "industrial" use? 3. Should the ability to allow expansion of a non-conforming use throughout the interior of a structure be deleted? 4. Should the ability to make structural changes (thus restricting the expansion of existing non-conforming uses within a structure to their existing location) be deleted? 5. Should the restriction prohibiting expansion into separate portions of a structure be deleted; thus allowing new business entities to occupy a structure housing a same (or similar?) non-conforming use? - 3 - 'f HI 6. Should non-conforming uses be allowed to be established in a free standing structure that is located upon a site where there are multiple structures and there are non-conforming uses in the other structures i. e. treat a parcel in the same manner in which a structure is treated? 7. Should changes to be made to the 180 day criteria to accommodate situations where there is difficulty in finding a tenant due to "market" conditions? 8. Should provisions be made for the consideration of, and possible accommodation of, the expansion of non-conforming uses throughout a site (including creation of new use area by building additions and/or land acquisition)? Such a process would involve a public hearing, review by the Planning and Zoning Board (or special entity), and action by the City Commission -- essentially a use variance procedure. This concept could be expanded to include the re-establishment of a non-conforming use once a site has been vacated (for even a period less than l80 days)? v, PLANNING AND ZONING BOARD CONSIDERATIONS The Planning and Zoning Board will need to look at the two aspects of the matter. It is suggested that they first deal with the current application of "use" non-conformity. A consensus should be reached as to what is appropriate. Second, the Board should deal with the specific appeal (see separate documentation). Third, if there is a discrepancy between the action on the appeal and the consensus position, an appropriate code amendment should be initiated. Fourth, regardless of the action on the appeal, if the Board feels that the current language dealing with non-conformities is not consistent with the consensus position, appropriate code amendments should be initiated. Prior to proceeding in this latter vein, the Board may wish to seek greater input through a worksession involving redevelopment entities, the business community, and neighborhood organizations. DJK/T:NONCON.DOC - 4 - .. HI - INDEX . l. Letter counter-signed by Mr. Jerry Sanzone 2. Land Development Regulations of the City of Delray Beach 3. Leasing History 4. Affidavit of Charles Spallitta 5. Affidavit of Rejean LaPierre 6. Letter of J. Helbling 7. Inquiries on Use 8. List of Cases 9 . Definition of Extend , . ,. ... (~ ! . '.... ~ ~.~ , . 4- i Amer;lIest REALTORS8 . Realty, inc. 407 ~) 276-5707 1 S.E. 4TH AVE., SUITE 210 DELRA Y BEACH, FL 33483 September 3, 1991 Mr. Jerry Sansone Chief Building Official City of Delray Beach 100 NW 1 Avenue Delray Beach FL 33444 Ref: Federal Auto Plaza 445 N. Federal Highway Delray Beach FL Dear Mr. Sansone, I wish to report to the owner as accurately as I can the City's position you have outlined to me regarding type of tenants we can and cannot put into the vacant portions of the buildings. As you know I was engaged by the owner as leasing agent for the property. The current question was precipitated by my obtaining a tenant, ready to take occupancy, whose occupational license application was denied 8/29 for his intended use of automobile window tinting sales and installation, as well as automobile stereo and alarm system sales and installation. My understanding of your position is as follows: 1- 180 days cessation of use in an individual bay luses the . grandfathering of that bay to any automotive repair use - ~n spite of continuance of such use elsewhere on the property. The only thing you would allow is extension of the present users into the vacated bays. 2- Although auto tinting sales and stereo and alarm sales are retail and therefore permitted uses, the installation of these products are deemed by you as repair uses, nut retail - and therefore are industrial uses. 3- You state the current alternatives we have for tenant users of _ the property are: a) Rent to strictly retail uses; i.e. Sales only, no installation. \ b) Request rezoning to AC, which you say would trigger upgrading of the property to new standards. Contrd Page 2 " ." , , n '-"') -, .. 1 . , ... . , , Page 2 - 4- You advise that the type of use this tenant applied for, unless grandfathered, is permissible only in I, MIC, and AC districts, not GC, even though retail sales is not a permitted use in I and is limited in MIC. In order that the owner be given a clear idea of what the issues are here, and he may wish to take exception due to denial of a prospective tenant and effect on future prospective tenants, would you please confirm that I have accurately stated your position expressed to me. ~ Ii. ' rle~YSp.a litta REALTOR (()M L-ut. p,,.'r(A) "'to 1)",,<0 Gb~A""oV\c') 'fl~ (~\) 1st Ind: TO: Mr. Charles Spallitta SUBJECT: Confirmation of Understanding Dear Mr. Spallitta: Your understanding of my position on the 3 points indicated in this letter is accurate and correct. If you have any questions please let me know. Official ~. rIUJJ~ I JS:DC C ~_ p~ ~ Do<-~O ~-v1-CA "\ \ 1..0 \" , It - LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH ...0 ...._ .._.._. _...w_._...~_.___., _..._..~._---......-._....-_.-._._.-... ..._._.~_.. ------.-.-....--------~--------.---.---------.... . .".. Section l.3.5 Nonconforming Uses of Structures and Land: Where lawful use of a structure and land existed on September 1, 1990, that would not now be allowed, such use of a structure and land may be continued, subject to the following provisions: (A) The nonconforming use may be extended internally throughout any part of the structure, provided the use is not extended to occupy any land outside the existing structure. (B) When a nonconforming use is discontinued or abandoned for a continuous period of 180 days, every subsequent use shall be in conformity with the requirements for the zoning district in which it is located. (C) Should the structure involving a nonconforming use be destroyed by any means to an extent exceeding 50% of its replacement cost, such structure shall not be .reconstructed except in conformance with both the development and use requirements for the zoning district in which it is located. Section 1.3.6 Repairs and Maintenance: (A) On any nonconforming structure or on a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of fixtures, nonbearing walls, plumbing, or wiring, provided the repair work does not exceed 10% of the current replacement cost of the structure. (B) If the Chief Building Official declares a nonconforming structure or structure containing a nonconforming use to be unsafe or unlawful due to its physical condition, such structure shall not be rebuilt, repaired, or restored, except in con- formance with the requirements for the zoning district in which it is. located. (C) Nothing herein shall prevent the strengthening or restoring to a safe condition, any building or part thereof declared to be unsafe by the Chief Building Official. 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'. 0.,.1' " AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF PALM BEACH) BEFORE ME, the undersigned authority, duly authorized to take acknowledgments and oaths, personally appeared, A. CHARLES SPALLITTA, individually, hereinafter referred to as "Affiant", who being by me first duly sworn, deposes and says: l. Affiant has been property manager of the property known as Federal Auto Plaza located at 445 N. Federal Highway, Delray Beach, Florida (the "Property"), from March 1, 1992 to the present. 2. Affiant has been leasing agent for the Property from June 1, 1991 to the present. 3 . On numerous occasions and at various times Affiant has spoken with the owner of the property, namely, the officers of Hans Egger, Inc. (the "Owner"). 4. Affiant has continually been instructed to offer the Property to prospective tenants for automotive use. 5. In order to Carry out the intent of the Owner, Affiant has marketed the Property by placing various advertisements and signs seeking possible tenants. 6 . Affiant continually carried out this activity for the Owner at its instructions and in accordance with STATE OF FLORIDA ) ) COUNTY OF PALM BEACH) this who is as :J RAND! TOMPKINS t-liOtaJ9J1ltOj;,~ ~e ~f{I:I~~~ : My Comm. Expires March 20.1994 No. AA760373 ,. .. ,. 2 '~9 · 407 ?76 8390 OMerive~t Rlt~. P.0 (1~/14/92 14.., Q -, !'1'... """ 2 ,. I -' U 1""'.:2 6 R E.:r EAt.... LAP 1 Po: PC: R E P . 0 1 M~V-14-~ , ~. ~'II)AV~ STAT! or rx,O~IDA ) ) COUNTY or PALW 'tACH) !EfORB MI, the undersigned authorit~, duly authorized to take acknowledgments on~ oaths, peraonal11 appearoa, RBJZAN L~PIER~!, individually, hereinafter rtferred to ,. "Atf1ent", who being by m. first ~uly ewor^, depo... 6^4 saysl 1. Att1aat waa propetty mans98r ot th& prope!t~ know~ as .ederal Auto Plaza located at 445 N. red.ral Hi9hW~' Dalray 8~ac::h, I'lotlae ~hG "i'toperty"), ftom JV"~ J' I ~nt11 "- f ,,)'3i((/~ Y,. (t I: .- . . a. on numerous oeCQ$lonR and ot v~r~ous t\mos Affiant Ipoko with the owne~ of the p~operty, aamely, thQ offl~GrB of H~ns SggGr, %J\d, (tho "0W"o~tt). t. Atfitht was cont1n~~11y 1nGt~uc~~d to ~ffo~ the property t~ prollpoctiv. t~n&fl.t~ for automotlve \Ut.. 4. In or~$t to c~~ry Q~t the intent of th~ Own.r, Aff~ant ~arkotod the Prope~ey by ptac1ng various ~4vert1$.~ents ~nd $1gns s.ekin9 ~oss1bl$ tenantS, 5. Affiant eont1nu'11y cartiod out tht. ac~~v1t~ tor thQ Owner At its in9t~uctions and in ~oo~rd ~ with 1t~ intentq. .......1U!I"'iI~fl ~ f '. wmlSS . I _I... .. ..- ~ STAT; OF FLORI~A ) ) COUNTY Or f^LM BE^CH) ~The forago g nsttum$nt W~$ ackoow1ed~ed befo~e me th1, . day of , ~992 by Rs1ean r..~P1et:~ who tIS p ~$on~11y known me or whO has ptodu ed 81 Ldent1tiQitlcn ~tld who did/l..Hd oW." ~ - .........- " -. - -- , .~ . ~) I JOSEF' YELBLlNG.E'3G....1 ~LoSCn\,,:KC", , . UMGASSE 5 8803 RUSCHUKON - April 3, 1992 I I The Mayor of Delray Beach . . J,). uJyroA The Honorable Thomas E. Lynch 100 N.W. 1st Avenue C/~. ~. I Delray Beach, Florida 33444 Auto Plaza. 445 North Federal HiQhway. Delra'l Beach. Dear Sir Reference is made to the visit to you of Messrs. H~n;, Egg(~r and the undersigned together with Dr. Urs Lindenmann. Honorary Consul of Switzerland in Miami and Mr. A. Charles Spallitta of Amerivest Realty Inc., Delray Beach, on December 6, 1991. We explained to you and your Mr. Christopher J. Brown, Executive Director of Community Redevelopment Agency. the serious problems that have arisen in connection with the new zoning decision by ~he City of Delray Beach. In this connection, I would also like to refer to my letter to you dated December 18, 1991. Since then various discussions have taken place between Mr. A. Charles Spallitta and representatives of the City, unfortunately without any visible progress. This puts the owners in a verj1difficult situation, because thf) actual stand taken by the authorities does not allow us leasing that part of the building to new tenants which for reasons attribotable to the present economio environment is not occupied. Therefore, we see'k 'again your support in finding a solution acceptable to both parties. We have instructed our representative in Delray Beach, Mr. A. Charles Spallitta, to call on you to discuss a possible way fOrNard. Your support is very much appreciated. In this connection, we repeat our p'ledge to the City to do whatever is necessary and reasonable to keep Auto Plaza in good condition in conformity with the requirements of the City. Thank you very much for your understanding and your support. I I I Very truly yours, I I 1 Ie: J. Helbling ~ 1'1 " ! - HANS EGGER, INC. - FEDERAL AUTO PLAZA AMERIVEST REALTY, INC. - LEASING ACTIVITY Inquiries/Discussions with Prospective Tenants as follows: when Name Expected Use 8/91 otto Margs (via broker) Auto alarms/Performance kits/ Auto restoration 8/91 Al Green Auto tint/Alarms/Stereo (Applied to City for occupational license and was refused) 8/91 Serge Minestine Auto repair 9/91 Hayes Harris Refinish vintage cars 9/91 Joe Feldman Mufflers 9/91 Richard perel Mufflers/Other auto specialties 11/91 Sal Ferrero Fork lift trucks - rentals and service l2/91 Charles Hartung/Charles Mufflers/Other auto specialties Wanio 12/91 Gabriel Popa Car audio 1/92 Dennis Kalam Mufflers 2/92 Alexia Yodeshkin Mufflers/Other auto specialties 3/92 Orlando Marioana Mufflers/Other auto specialties 3/92 Howard Lurie Mufflers/Other auto specialties 3/92 Mike Kirschner Mufflers/Other auto specialties 3/92 Gary Santabarbara/ Mufflers/Other auto specialties Anthony Minichino 2-4/92 Dent Wizard (via broker) Auto detailing and special body finish process Plus various brokers' calls with prospects for unspecified auto service uses. " - Court cases holding that mere failure to occupy is not sufficient, there must be intent to abandon or discontinue. 1- Smith v. Board of zoning Appeals, 74 Pa. Omwlth 405, 459 A.2d 1350 (1983) 2. Des Plaines v. La Salle Nat. Bank, 44 Ill. App.3d 815, 3 Ill. Dec. 513, 358 NE 2d ll98 ( ) 3. North Bergen v. Thomas S. Lee Enterprises, Inc., 75 NJ Super l7, 182 A.2d 139 (1962) 4. Longo v. Eilers, 196 NY Misc. 909, 93 N.Y.S.2d 517 (1949) 5. Laurel Hollow v. Laverne Originals, Inc., 307 N.Y. 784, 121 N.E.2d 618 (1954) 6. State v. Accera, 36 NJ Super 420, l16 A.2d 203 (1955) 7. West Mifflin v. zoning Hearing Board, 3 Pa. Cmwlth 485, 284 Ad 320 (197l) 8. City of Minot v. Fisher, 212 N.W.2d 837 (N.D. 1973) 9. Dubitzby v. Liquor Control Commission, 160 Conn. 120, 273 A.2d 876 (1970) lO. Ullman ex reI. Eramo v. Payne, 127 Conn. 239, 16 A.2d 285 (Conn. 1940) 11. State ex rel. Schaety v. Manders, 206 Wis. 121, 238 N.W. 835 ( ) 12. Smith v. Howard, 407 S.W.2d 139 (Ry 1966) 13. Board of Zoning Adjustment v. Boykin, 92 So.2d 906 (Ala. 1957) 14. City of Binghamton v. Gartell, 275 A.D. 457, 90 N.Y.S.2d 556 (N.Y. App. Div. 1949) 15. Dusdal v. City of Warren, 387 Mich. 354, 196 N.W.2d 778 (1972) 16. Blum v. Lisbon Leasing Corp., Inc., 173 Conn. 175, 377 A.2d 280 (1977) 17. Douglas v. Village of Melrose Park, 389 Ill. 98, 58 N.E.2d 864 (Ill. 1945) Including decisions by the Supreme Courts of New York, North Dakota, Connecticut, Alabama and Illinois. '. .:..- expressi ve FUNK & WAGNALLS STANDARD~K DISCTIONARY, 1980 extr amural dll3a ex.pres.sive (ik's~res/iv) adj. 1. Of or characterized by outside of two nonintersecting straight lines cut by a third ....er Or expression. 2. erving to express or indicate: a manner line. 2. The angle formed between any side of a polygon (<- expressive of contempt. 3. Significant: an expressive sigh. and the extension of an adjacent side. . eka/. _ ex.pres'sive.ly adv. - ex.pres'sive.ness n. ex.ter.ml.nate (ik.stur/ma.nat) v.t. .nat.ed, .nat.ing To ex.press.ly (ik'spres'l~) adv. 1. With definitel?,' stated in- destroy. (living things) entirely; annihilate. (< L < ex- out r raw tent or application. 2. Exactly and unmistakab y,; plainly. + tcr,lllnUS boundary] - ex.ter'mi.na'tion n. - ex.ter/. . The eX.press.way (ik.spres/wa') n. A road for rapId travel. mi.na'tive, ex.ter'ml.na.to'ry (-na.tor'~, -tC"r~) adj. )dity. ex.pro.pri.ate (eks.prC>'pr~.at) r.t. .at.ed, .at.ing 1. To ex.ter.mi.na.tor (ik.stur1ma.nlVtar) n. One who or that : L <- take or transfer (property) from the owner, esp. for public use. which exterminates. -ex. 2. To deprive (a person) of ownership or property. (< LL ex.ter.na I (ik-stur1nal) adj. 1. Of, ~ertaininl1; to, or situ- n. < L ex- out + proprium property < proprius one's own] - ated on the outside; outer; exterior. . Belongmg to or de- :len to ex.pro'pd.a'tion 7L - ex.pro'pd.a'tor n. - ex.pnypd.a. rived from the outside; extrinsic: an external factor. 3. Per- 2. To Wry (-a.t6r'~, -to're) adj. taininl1; to the outer self; superficial. 4. PertaininN to foreign ixture ex.puI.sion (ik.spul'shan) n. 1. The act of expelling. 2. countries: external affairs. 5. Relatinf to, a ecting, or one', The state or fact of being expelled. - ex.puVsive adj. meant for the outside of the body: externa medication. - n. etc.): ex.punge (ik,sEunjl) r.t. .punged, .pun,.ing To erase or 1. The outside; exterior. 2. Usu'f}' Outward or superficial Idoer, wipe out. (< < ex- out + pungere to prick] aspects, circumstances, etc. [ < extern us outer~ - ex. ,e the ex.pur.gate (eks1par.gat, ik's~ur'~at) 11.1. .gat.ed, .gat.in~ ter.nal.i.tr. (ek"star.nalla.t~) n. - ex.ter'nal.ly a o. . light 1. To take out obscene or at erwIse objectionable materia ex.ter.na .ize (ik.stur1nal.lz) v.t. .ized, .iz.in~ 1. To give poser. from: to expurgate a novel. 2. To remove or omit (objec- external shape to; make external. 2. To ma e outwardly tionable words, lines, etc.). [< L < ex- out + purgare to real. - ex.ter'nal.i.za'tion n. some- cleanse] - eX'pur.ga'tion n. - ex'pur.ga'tor n. - ex. ex.tinct (ik.stingkt1) adj. 1. Extinguished; inactive, as a 1tin~ pur'ga.to'ryadj. volcano. 2. No longer eXIsting: an extinct animal. 3. Void. ex.qui.site (eks/kwi.zit, ik.skwiz.1it) adj. 1. Marked by [< L < ex- completely + stinguere to quench] :aile rare and delicate beauty, craftsmanship, etc. 2. Being of a ex.tinc.tion (ik.stintklshan) n. 1. The act of extinguish- inter- high deree of excellence; consummate; admirable: an ex- ing, or the state of eing extinguished. 2. The process or quisite s ill. 3. Highly sensitive to sounds, colors, forms, condition of becoming extinct; a dying out. 3. Annihila- inini etc.; dscriminating: an exquisite eye for destn. 4. Ex- tion. - ex.tine'tive adj. I tremely refined; very fastidious. 5. Intensely een or acute, ex.tin.gulsh (ik.stingf,wish, -wish) V.t. 1. To put out or acted as pleasure or train. - n. A person, usu. a man, who is quench, as a fire. 2. 0 make extinct; wipe out. 3. To ob- overelegant in ress, manners, etc. [ < L < ex- out + qua- scure; eclipse. [< L < ex- completely + stinguere to quench] ctive erere to seek] - ex'qui.site.ly adv. - ex'9ui.site.ness n. - ex.tin'guish.a.ble adj. - ex.tin'guish.er n. I ex.tant (ek/stant, ik.stant') adj. Still existmg; not lost nor ex.tir.pate (ek'star.pat, ik.stur1-) V.t. .pat.ed, .pat.ing To . To i destroyed; surviving. [< L < ex- out + stare to stand] root out or up; destroy wholly. [< L < ex- out + stirps, bility ex.tem.po.ra.ne.ous (ik'stem'pa'ra/n~.as) adj. 1. Uttered, stirpis stem, root] - ex'tir.pa'tion n. - ex'tir.pa'tive adj. < ex- I performed, or composed with httle or no advance prepara- - ex'tir'pa'tor n. -ex. tion: an extemporaneous talk. 2. Prepared with regard to ex.toI (ik'stOll, -stol') v.t .tolled, .tol.ling To praise in the I, ex. I content but not read or memorized word for word: an ex- highest terms; exalt; laud. - Syn. See PRAISE. Also ex. )r the temJjoraneous ?,olitical sp~ech. 3. Made with anything im- toll'. [< L < ex- out, up + tollerI' to raise] - ex.tol'1er n. me iately avaIlable; improvised to meet circumstances. [< - ex.tol'ment or ex.toll'ment n. sun, I LL < L ex- out + tempus, temporis time] - ex.tem'po. ex.tort (ik-stort') v.t. To obtain (money, etc.) from a:eer- ohern , ra'ne.ous.ly adv. - ex.tem'po.ra'ne.ous.ness n. son by threat, oppression, or abuse of authority. [< < tized ! ex.tem.po.rar.y (ik'stem/pa'rer'~) adj. Extemporaneous. ex- out + torguere to twist] - ex.tor'tive adj. e re- I - ex.tem'po.rar'i.ly ado. - ex.temiEo.rar'i.ness n. ex.tor.tion (Ik'stor'shan) n. 1. The act or practice of ex.te~o.re (ik.stem'pa'r~) adj. xtemporaneous. - extorting. 2. The act of exacting an exorbitant price for tate; ! adv. ith little or no advance ~reparation; extemporane- something. 3. That which has been extorted. - ex.tor'. ~ OF ously. [< Lex te1llpore out of t e time] lion.ar.y, ex.tor'tion.ate adj. - ex.tor'tion.er n. rbal- ex.tem.po.rize (ik.stem/pa.riz) d. & v.i. .rized, .riz.ing ex.tor.lion.ist (ik'stor'shan.ist) n. One guilty of extortion. I To do, make or perform with little or no advance prepara- ex.tra (eks'tra) . adj. 1. Over and above what is normal, re- indi- I tion. - ex.tem'po.ri.za'tion n. - ex.tem'ho.riz'er n. quired, expected, etc.; additional. 2. Larter or of better com- I ex.tend (ik.stend1) v.t. 1. To open or stretc to full length. quality than usual. - n. 1. Something eyond what is ig~s. 2. To make longer. 3. To prolong; continue. 4. TO!l.~ad usual or required. 2. A copy or an edition of a newspaper 3.S In , out; expand. 5. To hold out or put forth, as the han . 6. issued to cover news of special importance. 3. Somethmg luid, i To give or offer to ~ve: to extend hospitality. - II.i. 7. To for which a special charge is made: Meals are an extra. 4. spe- be extended; stretc. - Syn. See ISCREASE. [< L < ex- Something of special quality. 5. In motion pictures, a per- .Jres. out + tendere to stretch] - ex.tend'ed adj. - ex.tend'i. son hired for a small (art, as in a mob scene. - adv. Un- give I bWi.ty n. - ex.tend'i.ble adj. usually: extra ~ood. < L, outside, beyond] vi~y. ex.ten.st.ble (ik.sten/sa.bal) adj. Capable of being extended. extra- prefix eyond or outside the scope, area, or limits of: mls- I - ex.ten'si.bil'i.ty n. used chIefly in formin~ adjectives and usu. written v.:ith?ut ~cise i ex.ten.sion (ik.sten/shan) n. 1. The act of extending, or a hypen (extracurricu r, extragovernmental, extraterntonal) : an i the state of being extended. 2. An extended part; addition. except before words beginnin~ with a (extra-atmospheric) or to a I 3. Range; extent. 4. An agreement by which a creditor with a capital letter (extra- criptural). send I allows a debtor further time in which to pay a debt. 5. ex.tract (t'. ik.strakt'; n. eks'trakt) V.t. 1. To draw or pull adll. I Physics That property of matter by virtue of which it occu- out by force. 2. To derive (happiness, instruction, etc.) LA pies space. - ex.ten'sion.al adj. from some source. 3. To draw out or formulate (a principle, rap- I ex.ten.sive (ik.sten'siv) adj. 1. Large in area: an extensive doctrine. etc.); deduce. 4. To obtain by force or contriv- con- farm. 2. Ha\;\\l1 a wide ran~e; broad in scope: extensive ex- ance: to extract money. 5. To obtain from a substance as by nce. I perience. 3. Idespread; ar-reaching: extensive damage. pressure, disti\lation, etc.: to extract juice. 6. To select or lads, - ex.ten'sive.ly adv. - ex.ten'sive.ness n. copy out (a rcassage, word, or the like), as for quotation. .7. g'at ex.ten.sor (ik'sten'sar, -sor) n. Anat. A muscle that Alath. To ca culate (the root of a number). - n. Something with I straightens out a limb. extracted as: a A concentrated form of a food, drug, etc. b A . ex. ex.tent (ik.stentl) n. 1. The dimension, degree, or limit to passage selected from a book. [< L < ex- out + trahere to l'of which anything is extended; compass; reach; size. 2. Size draw, pull] - ex.trae'tive adj. & n. - ex.trac'tor n. - within given bounds; limits; scope: the extent of his powers. ex.traeVa.ble or ex.tracVi.ble adj. of l 3. A vast area. [< L < ex- out + tendere to stretch] ex.trac.tion (ik'strak'shan) n. 1. The act of extractin~, ex.ten.u.ate (ik.sten/y60.at) II.t. .at.ed, .at.ing 1. To rep- or the state of being extracted. 2. That which is extracte . sta- resent (a fault, crime, etc.) as less blameworthy; make ex- 3. Lineage; descent: of Eurokean p.xtraction. ..en- - cuses for. 2. To belittle the importance of. [< L < ex- out ex.tra.cur.ric.u.lar (eks'tra. a.rik/ya.lar) adj. Of or r,er- ym- , + tenuis thin] - ex.ten'u.a'tion n. - ex.ten'u.a'tor n. taining to those activities not a direct part of the curricu urn ex- ex.ten.u.at.lng (ik-sten'y60'iVting) adj. Serving to lessen of school or college life, as athletics, fraternities, etc. V in the odiousness, as of a crime: extenuating circumstances. ex.tra.dite (eks'tra.dit) II.t. .dit.ed, .dit.ing 1. To deliver dng ex.te.ri.or (ik'stir'~.ar) adj. 1. Of, pertaining to, or situ- up (an accused individual, prisoner, or fugitive) to the juris- l. A ated on the outside; external; outer. 2. Coming or acting dIction of some other state, country, etc. 2. To obtain the The from without: exterior influences. 3. Pertaining to foreign extradition of. - ex'tra.diVa.ble ad4' ion. countries; foreign. - n. 1. That which is outside, as an ex.tra.di.tion (eks'tra.dish'an) n. he surrender of an ac- external surface. 2. Outside appearance or demeanor. [< cused individual, prisoner, or fugitive by one state, etc., to 'th- I L extcrus outside] - ex.telri.ody ad/). another. [< F < L < ex- out + traditio surrender] hat exterior angle Geoll1. 1. Any of four angles formed on the ex.tra.mu.ral (eks'tra.my06r'al) adj. 1. Situated without ;C€ ---- " WEBSTER'S NEW UNIVERSAL UNABRIDGED 1983 extend extend it..s. choice. selected. pp. of u;'atlp'OUt~ G. [L. u. priy.. and s~ip..J4. a forward in length. distance. or time; to Ipread with comparatively Ih Us breadth; to expand or dilate in liu; u. to INtI.n farmiD8: CCf,POst , out; .s. out. and pz?er.. stall[. stem.] 1D bOtany. havmg no stlpwea. ea:k7&d lines in lurveyinr; to c%lm4 rOAdl, 5. extenlible. ( bs.] . u;'atr6.thY. ft. (Gr. clesn-oplal. a dislocation. limits. boundl. u;.ten'al..ely. od". ....idel ne' dainty' delicately beau- from c Irephrift, to turn aistde. overturn: .k. 2. to stretch; to reach forth; u. to eslmd extent; al. the ItOry . lac'.' out, and Slrtphc,ft. to turn.] in pathology. tbe the arm or hand. . Iued. e 9f elaborately made; &5, turning inside out of an)' organ or part of the J. \0 expand; ~o. enlar~e; to WIden; as. to es.ten'sl..e neM. ft. 1." - body. .a:k7&d the capacItIes or mtellectual po...eTSj e"tent; as. the ulNlsipenc ~lity; admirable... . e:I.au~'~o.u~, o. [L. C~S1lUICS. frf?m cs- priv.. and to estNld the sphere of usefulness; to eslen 2. the capacity for bein, ,'e; keenly discnmll.1atme: S'lCU"S. JUIce.] destItute of JUIce; dry. commerce. . es.ten.aom'e.tl!r ft [L ul :%'l"isile ear for musIc. es.au~'tion, ft. (L. CSSIC<I..S, pp. of US1l,erc. to .4. to con~mue;.to prolo~; as. to ulNld the derc. to extend. 'and m~lra,~ 'acterized by intense emo- suck out; CS. out. and SIl,erc. to suck.] the act time of pal ment. to ulNl a furlough. Itrument for measuring the .nt; as. u:q..U"' joy or sore of sucking out. . S. to offer; accord; grant. . . . u.aO.d~'tlon, ft. same as cslldoltOft. 6. to Itretch or straighten out (a limb of the e"pant'!ln. contractIon. or .re. refined. delicate. perfect. u;.auf'fl~ te, t'.I.; el<Suffiated. 1".. fp.; exsufflat. body): opposed to jles. some;..,ng. 7. In commerce. to allow a period of time es.ten .or. ft. ILL. ulc"sor. a I '. con~ummate. ing. 1'1"'. [LL. essICllol..s. pp. 0 uS1ltf4rc.. ~(l for the payment of (a debt) beyond that the.se~se of one....hostretches who IS overly or a.ffectedly blow away.] to drive a....ay. as an evtl sptnt, originally set. a \'Ictlm on the rack. a tor. appearance. taste. etc.: a by blowing; to e"orcise. 8. in cooking. to make lareer portions of (a turer. !rom L. uIc"s"s. pp. ~ j"comb; a dude. . u;.auf.flA't1on, ft. 1. a blowing out. (Obs) scarce or expensive food) by combining ....ith ~f ul,Tocnc. to stretch out.] ; .c ....as but.a poor cOHpa~lon 2. in ecclesiastical usage. a kind of exorCIsm other cheaper foods. lD anatomy. a muscle .that ..in man hke ~~.- 00 . performed by blo"..ing. 9. in la.... (a) in Great Britain. to assess; to serves tc extend or straleht. . in an exquISite ;fa~er; u..uf'fll.~Ate, 0 !trbitr~ extension of obs. value' (b) to seiu or levy upon as b)' a ...Tit en an)' part of the body. as .tely; ...;th great pe. ectl~; cse..l/ol.. from'L . .SS1l I..s. pp. of .SSfAf. of extent. ' an arm or a finger: oPPO$Cd ,'e.l~; as. tc? feel p&Jn .sq..'. jlGre. to blow away. from . es.. out. and S'IC~- SJ'Il.-increase. enlarge. lengthen. protract. to jl'fO!. t'. uwldy fim~ed.. {ore. to blow.] iI11lated; pufied up: OIMI . stretch. amplify. es.ten Iure.n. ex enSlon, ex. ". the quality of beme ex. II. iii. (Obs.] u;.tend', ~.i. to be extended. tent. [,Ra~e.] . . u;.aO'~r.'.b)e, o. surmountable. [Obs.] u;.tend'ed. o. 1. stretched out; spread out. es.tenr" o. extended. (Obs.] ,unous: eager to discover. es'aii'~r.Ance, n. excess; superiority. [Obs.] 2. prolonged; continued. es.tent ,". [~lE. c",/{,,'e; qFr. es.aii'~r.Ant, o. e:JO;ce~; surpassing. lObs,] 3. enla~ged in influence, meaning. scope. <%Icr./{. extent. e"tenslon. 1~. exquisitely. lObs.] es.au'ffr.li te t'.I. to exce ; to overcome.IObs.1 effect, etc.; e"tensive; ....idespread. from L. ,...:",dCTe. toexund.) ,ks-san'",,;.). t'.I.; exsangui. ex.aOr gent, ~. [L. css..r,ens (.enlis). ppr. 0 4. in printing. designatintc type ....ith a 1. t~,e spac~. amoc':'t, ~r "sanguinating. ppr. [L. u- CSS1lr,ere. to rise up.] rising up. wider face than is standard or the height. degree to ",'h,ch a thmg IS <lless; es. priv... and sO"fICi. es'8ua'd.tlite, t'.I. to rou~e;.to excite. lObs:! ex' tend 'ed elire. nu~sing care fiven to con vales. e?,tended; lenl1th; breadth; , :Y. from so","U, blood. to ex.sua.d.t~'don, n. a st=g up: a rouSlnr. cents, the disabled. etc. in a acilit). es.,ecially size; ~. a g;~a~ c...lc,,' of cocn '0 drain o! blood. . [Obs.] equipped and staffed for the: purpose. 2. scc~e; llmlts; compreher., in), 0. bloodless; anemic. es'ti.cy, ft. ecstasy. [Obs.] es.tend'ed fam'I.ly, a social unit cor.sisting of age. . . d d . , 0, same as <%SO",IC'ftC. es'tAnce, n. out....ard projection. [Obs.] parents and children along with other ~ela. 3. An ex ,en. e space, vast :. ..nemia. ex'tAn.cv, ft. [L. <%slo,,"o, cslonl.O. from cs- . r'. h . ld df ..; Ic,,'of "'oodl..nd. c. [L. esson,...s. bloodless.] slons (:onlis). prr. of csslore, to stand out'J tlves. .,,'mg m one . o.;:~no an unc''',>n:ng 4. in 3:itish histor)'. an asse "e. 1. the state 0 rising above others. (Obs. as an mtegrated farr.l,). d. "ICdcor famll,. ation. as of land. i'). ~.I.; e:xscinded. pl.. pp.; 2. a part rising above the rest; a projection. u.tend'ed.ly. odp. in ..n e"tended m..nner. S. in :0"". (a) in Great Brit. .L. cssci"dere. to cut or tear [Obs] es.tend'lr. ft. one who or that ....hich e"tends. of 'SI'To:) by which the lers !cinderc. to cut, tear.] to cut ex'dlnt (or eks-tant'), o. [OFr. csl!,nl. extant, u;.tend'l.ble, o. 1. capable o! being ell' pro?oe~;y of a debtor coul fo~ e"tirpate.. e"isting, from L. eslo"s (-OftIU), essuJ1Is tended to o~ce po \'ment; (b) seIzure ,opy; to transcnbe. [Obs.] ~-onliS). ppr. of cslore. <%slore. to stand out or 2. in 'law, capable of being taken by a writ (c) i.n ;!-.e tnited States, a.. :y; a transcript. [Obs.] orth; c.... out. and slore. to stand.] of e"tent. cred:tcr te~porar)' .o....nershlr unscriptural. 1. standing out or above a:cy sUrface; pro- ex.tenae'. o. (L. cslc"slCs. pp. of cslendCTc, to pro~er.y: . :L. csse..lpl..s. pp. of csse..l- truded, [Obs.] e"tend.] extended; extensive. [Rare.] . S).n.--cegree, d"t..nce. c/, .~t; es. out. and se..lpere. to That part of the teeth ....hich is cslonl above u;.ten..I.bll'I'R;' ft. the quality or state of slZe._ ~logy. covered ...;th irregular the ~ums. -Ray. being e"tensi Ie; a capacity for being e,,- es.t!'!n'u lite, v.I.; e"tencated.. .gitudinal depressions, as if 2. stil existing; Dot ext,nctiJot destro~'ed tended; as, the cslc"sibility of a fiber or of a atlng. Ur. IL. CSI'''''.OI~S: bP or lost; as. only a part of the 'story of L1\'Y plate of metal. maKe ::::n. recuc~. d,mmls ; l same as csc..lcllc!e. is cslonl. es.ten'81.ble, o'IFr. cslcnsiblc. from L. eslen. "OTC. to ::laKe t~m. from Ic"~ stcl..s. pp. of ess<core. to cut 3. conspicuous; evident. [Archaic.] derc. to extend. capable of being e"tended. 1. to ::-.oke thm. lean. or s. . out. and SecOTC, to cut.] to ex'ti.sy, ft. ecstasy. [Obs.] ex.ten'al.ble.nesa " e"'ensibility ness "':.rT.uatcs the bo.dy. (Ob' I' ( ') f ex.tat'i~, o. ecstatic. [Obs.] , U 1" bl f b .' . d d 2. to .e5sen; to dlmmlSh; tc '0 cssee 10 -antS. rom esse. , 0 41 t (Archaic;.] u;.ten' e, o. . capa e 0 emg ex,~n e . 3. to c:'lderrate; to unde" or a....ay.] a cutting out or ex. tern p _.r ,0. ex emporaneous. 2. that can be thrust forth. as a c.aw or troct f~c:n. y, in surgery. an excision. ex.tem'P?r~!.I~,odp.e"temporaneouslY.IObs.] tentacle. , 4. to :e5Se:'l or seem to Jesse: L esser/"s pp of C"'SCTCTC to ex.tem.po.ra ne.~n, o. e"temporaneous.1Obs.) es.ten.B1m e.tlr, ft. same as cs/e"S01T.,ICT. of (0:1 (,':er.se. guilt. etc.) by. p';t forth' to ihrust out.' to e.x.tem.pora'ne.ou8, u. [L. cs. out. and lc-mpuS u.ten'slon. ft. [L. cslc"sio (-o,,;s). a stretching servir.g oS on exccse. . . (-oris). time.] out. extension. fro:n c:1:Icnlicrc, to extend.] ex.ten'u ate, p.i. to become t', o. sticking out; project- 1. composed. pe:formed. or uttered .off: 1. the act of e"te!,oing, to be attenuated. [Rare.] thing else; as. csserl stamens; hand. ....,thout prevIous study or preparatIon, 2. the state of bemg extende~. . ex.ten'u ate, o. thin; slender. .f an animal. unpremed,tated; as. an c%lc-mpOTa"cOlls ad. 3. the amount or degree to ....hlch somethmg t' - - tl ~ c"r'cum.stan 'able of being thrust out or dress. . is or can be e"tended' range' extent. ex. en U.3 n I 2. in speech classes. etc.. spoken WIth J?rep- 4 a branch of a uni,:ersity for students ....ho cUT:1.stances t at ten.d to lesse exsertine or being e"serted. a~at.ion ):Jut not ....!jtten out or memonu:d: ca~ot attend the university proper. a cn::-:e _o,n? ItS pUnlshmer.t. aving formerly been a mem- d"tlnguls~ed from Imprompt.... . h S. an e"tra telephone connected to the ex.ten.~a lion, .n. IL. ""'T. .j forces. 3. spea.kmg or adept at speaking WIt out same line as the main telephone. th,r.n:r.g. lessenmg. from c..., :". ,ssi"o"s (-4nlis). ppr. of preparatlon. . .' '. 6. in physics. that property of a body by thUl,] . . 'y up.] drying' evaporating 4. made for the occasIOn, ImproVlSed. as. an which it occupies space. I. ,,:n, extenuat,:.g or be: " the quality ot drying. cslcmpGron!f"~ fireplace. . 7. in commerce. an agreement on the part espe,ea.ly. mltlgatlc.n, as of t :n d' . d ....h. h ha ex.tem.pO.ra ne.oua.ly, culfl. U1 an extempo- of a creditor allo",'ing a debtor funher time a cnme. offense. etc. . e Icme, a:cy rug IC 5 raneous manner. . to pay a debt. 2. a tnmg that extenca, ,s. . ex.tem'pOra'ne.ou8.De8lI, ft. the quality of 8. in law. a postponement. by agreement of cuse. ... [L...from cssl<<al~s, pp. ~f being e"temporaneous. . the parties or act of the court, of the time set ex.ten'u li th.e, o. same as ,~ Up.].1D b~tany. dTle~ SpeCI' ex.tem'pO.rli.rl.ly, odp. In an extemporary for any lellal ~rocedure. ex.ten'uli.tor. ft. one ,,'ho ex. es~clally lD a herbaTlu~. manner. 9. in 10glC, t e extent oC the application of a ex.ten'uiHo.ry, D. extenua:i e".Slccated. pl.. pp.;. e"Slcca- ex.tem'po.rli.ry, o. extemporaneous. sil1Rle term; sphere; compass; denotation. e"te:1cate. :""ol"s. 'pp. of esH"aTC. to ex.tem'po.re, o. and odp. [L.. lit.. from the 10. .in biology. the straightening of a part. ex.te'rior. o. (L.. compo of, :>t, and Sl<COTC, to cry. from moment; cs. from. out of, and tc-mPOTC, abla. as a b.mb. . octside.] . try up; to exhaust or evapo- tive of lempus. time. a period of time. a '!lo- ll. m surgery. the crawmg of a broken I exte~ol'out""ard' (,:1: e of. ment.J without preparation' offhand; 1m. limb in a direction from the trunk in order to opposed to i~lcr;or' os' the ( an exsiccating or being e,,- promptu; ..5. to ,,'rite or speale C%Ic-mPOTC. bring the parts in line. a concavo-convex I~ns: t d' !.: d ex.tem'pO.re, ft. something spoken or written 12. an addition; an ~nnex; a part ad~ed to 2. or'...inoting outside; ac e!;l IDg to ma e ry. extemporaneocsly. ~xtend; as. the csl"'Stoft to the house IS fin. from ...ithout; as. ,%In;()r fe ,,:ny preparation which has ex.tem'pO.r1ness, n. the state of being ex- ,shed. 3. fore~; relating to S. temporary. [Obs.] ex.ten',lon.AI, O. having great extent. .&5. the ,...ICT;or relations of .1n apparatus ....hich removes ex.tem"po.rl.:z1i.'don. ft. the act of extempo- ex.ten',lon.lsr, ft. an advocate of exte:csion. dom. ;ccator; an evaporator; also. rizing; also. something extemporized. as of university extension. l:tlnior !idt; in rortifi(e,.t~( "bsorbe,:,t.. ex.tem'porize, I'.;.. v.I.; extemporized;lo'" pp.; u.ten'B1.ty, n. 1. the quality of extension. imaginory polygon. upon "- [L. c"'Slluns ("nlls). i)pr.. of e"temporizing. ppr. 1. to spe"k, pe onn, or 2. in psychologr,' that quality of ..,nsation fortifIcation is con~tn.:c\ed. g or leap forth.) a spnnglng compose extempore; to improvise. ....hich permits t ,e perception of spoce or lxJnicr !lopc; in {or1if.c:;.ti" 2. to furnish or contrive (things) in a size. '1\'ork Vo,'r.ich is ne1.t out.....arc relaxation. [Rare.] makeshift way to meet a pressing need. u.ten'alve, O. I. having great extent; cover- rior slope. "t. spoliation. IR"reJ. ex.tem'poTi.z.i'r, n. one ....ho extemporizes. inf a lar~e area; v~t. ex.te'ri(,r, n. 1. an outside '- IL. exsp"ilio (~r.i,). a spit- ex.tend', v.l.; extended. pl.. pp.; extending. , h..v,ng a ....ide scope, effect, influence, 2. o\;~wd.rd appcar:ince. ,,,,sPU'!". to 'k't out.1 a d,s- ppr. [ME. lXleTodcn; OFr. ,slendrc; L. exlend- e:tc.; far-reaching; corr:rrehensi\'~. ex.te'rl or an'~le, 1. o:oy c by SplUmg. I are.] CTC. to stretch out; ,:t:. cut. and tendCTc. to 3. of or charactuize by ""tension. forrr,e.: 0:1 the outsi.:e d \ w' f_. ,...,.put".'. pp. of (%Spucr,.to stretch.] 4. in agriculture, using large are..s of land a stre.:.gr.t line cut t:n~ &(TG~ ,t; elected. as if by ,pitting. 1. \0 stretch out in allY direction; to cr.rry 'r, met; pIne, m"r.ne, bIrd. pin; note, m(;ve, for, aUlm, not; mo<;>n, book; n.se, bvl1, brute, turn. up; crJ', myth; cat. mal;hine, oce, church. chcrd " 5.95 OBJECTIVES AND METHODS S 5.07[4J[aJ Research Reference: For further discussion of PUDs and cluster zoning, see Rathkopf, The Law of Zoning and Plimning ch. 63. [4] Elimination of Nonconfonning Uses [a] Generally A comprehensive zoning plan is predicated on the belief that some uses of land are incompatible with other uses, and that separation of those incompatible uses results in more efficient use of land resources. The draftsmen of early zoning plans realized that the imposition of use districts would render some existing land uses legally incompatible..41 While acknowledging the "natural" pat. terns of development these existing uses represented. they were nonetheless concerned that nonconforming uses would impede planned municipal growth. When these variant uses represented at least an arguable threat to public health or safety, the courts have supported the exercise of zoning power to eliminate them, even at considerable economic detriment to landowners.441 However. where the offense of an existing use lay chiefly in its failure to conform to a new legislative plan, early zoners were sensitive to the pressures weighing against compulsory termination. Planners generally agreed that any aggressive efforts to zone out existing uses would threaten both political and judicial support for comprehensive zoning plans; that a comprehensive plan in place, even with existing exceptions. was better than no zoning plan at all; and that the economic and social pressures created by the zoning restrictions themselves would eventually eliminate incompatible uses. Thus. the exemption of existing uses from zoning regulation became a standard feature of comprehensive ordinances. The courts upheld the exception of existing nonconforming uses against chal- 441 Rathkopf. The Law of Zoning tmd PImming ch. 51; Euclid v. Ambler Realty. 272 U.S. 365. 47 S. Ct. 114.71 L. Ed. 303 (1926). in which Justice Southerland said. "a nuisance may be merely a right thing in the wrong place-'-Iike a pig in the parlor instead of the barnyard." 4U E.g., Hadache<:k v. Sebastian. 239 U.S. 394, 60 L. Ed. 348. 36 S. Ct. 143 (1915) (upholding the forced shutdown of a brick-making factory located in a residential area); Reinll'Wl v. Uttle Rock. 237 U.S. 171. 3.'S S. Ct. 511. 59 L. Ed. 900 (1915) (validating a Little Rock zoning ordinance which outlawed stable$ ill a business district and required those currently operating to close). (Release #3, 4/89) . '. 5.97 OBJECTIVES AND METHODS ~ 5.07[ 4]{a] they have generally supported vigorous enforcement of restrictive measures which limit either the repair<<' or change447 of noncon- forming uses. While the courts have also allowed the termination of abandoned uses,4oQ the cases on abandonment reflect a firm judicial concern for the rights of the landowner. Nonconforming uses have not only survived these .restrictive measures amazingly well. but have also become increasingly incompatible with surrounding uses. Nevertheless. little judicial support exists for retroactive applica- tion of comprehensive zoning measures...... While the use of eminent domain to eliminate nonconforming uses seems possible.... compen- sation costs to landowners prohibit the wide use of that solution. Moreover, some courts have resisted municipal attempts to func- tionally eliminate a nonconforming use through the enactment of extraneous and unnecessarily harsh restrictions.411 Thus. a signiB- cant number of municipalities have settled on a variety of amortiza- tion plans to eliminate nonconforming uses in a manner which courts find acceptable.4U Under an amortization ordinance. a landowner is given a period of grace during which he is entitled .to continue the use and so amortize his investment. Notwithstanding their apparent force. .... Infra , 5.07(4114 447 Infra' 5.07(4I1dl. 40Q Infra' 5.07(4110. 44' Jones v. Los Angeles. 211 Cal. 304, 295 P. 14 (1930); State ex rel Waines v. Hayes Investment Corp., 13 Wash. 2d 306. 125 P.2d 262 (1942) (disallowing the retroactive application of zoning ordinances); People v. Miller. 304 N.Y. 105. 106 N.E.2d 34 (1952) (allowing the termination of a nonconforming use representing "insubstantial" loss to the user); Western Land Equities. Inc. v. Logan. 617 P.2d 388 (Utah 1980) (suggesting retroactive effect would be given if municipality could show "co~lling. countervailing reason" for exercising its police power retroactively). 4 Berman v. Parker, 348 U.S. 26. 99 L. Ed. 2d 27. 75 S. Q. 98 (1954) (approving tbe condemnation of uses incompatible with an urban renewal program); Wainwright v. State, 488 So.2d 563 (Fla. Dist. Ct. App. 1986) (directing the condemnation of signs made nonconforming by a change in an agency's interpretatioD of an ordinance); Norton. "Elimination oflncompatible Uses and Struc:tures." 20 Law & Contemporary Problems 305 (1955). 411 Broolcville v. Paulgene Realty Corp., 24 Misc. 2d 790, 200 N.Y.S.2d 126 (N.Y. Sup. Ct. 1960), affd, 14 App. Div. 2d 575, 218 N.Y.S.2d 264 (1961), affd, 11 N.Y.2d 672. 225 N.Y.S.2d 750. 180 N.E.2d 905 (1962) (enjoining a village &om enforcing stringent conditions OD a nonconforming school); cf Hempstead v. Goldblatt. 9 N.Y.2d 101. 211 N.Y.S.2d 185.172 N.E.2d 562 (1961). offd, 369 U.S. 590 (1962) (allowing a municipality to enforce new restrictions costing a noncon- forming quarry over 'I million because the restrictions were arguably required by bealth and safety consideration). 451 Infra f S.0714I1gJ. (Release #3, 4/89) '. OB}EcnVES AND METIlODS age all ed by statute. On occasion. courts have det such a per ntage limitation operated as an impe property wit ut due process of law.4U An aU pt to apply fairly the standard 0 alue often results in litig on. especially when assessed values are ow. The careful case by ase adjudicatio of the right of landowners to repair a nonconformi structur indicates that "an ordinance which depends for its effecf ene upon the happening of an event which none can foresee does appear to be the most dependable device for implementing a m unity plan...... Conscious that a landowner has already dured age to or destruction of his property. the courts e reluctant to ompound that injury unless the legislative m ate prohibiting rep . is clear and fair. In the name of fairness he courts have upheld right of a landowner to restore a dest yed building when its noncon rming status referred to the use the building and not to the stru re itself.... If the buildin n question is part of a nonconfonning c plex. a munici- pality as been required to determine the percentag f damage on the asis of the value of the entire complex.'" Courts hI[ e required t t the value of adjunctive systems. such as sewer utility connections. be considered in determining the total valu of a ./Structure.4U [d] Change in Use Changes in use raise the issue of the tension between the rights of landowners to develop their property and the goal of comprehen- sive zoning to eliminate all nonconforming uses. In an attempt to resolve that conflict as it applies to changes in nonconforming uses, municipal ordinances generally approve certain kinds of changes and disapprove others. 4U Slate ex reI. Home Ins. Co. v. Burt. 23 Wis. 231. 127 N.W.2d 270 (1964) (holding an ordinance unconstitutional as applied to a building worth 124.000. assessed at $10.000. and damaged in the amount of 16.000). 4111 R. Anderson. American Law of Zoning f 6.59 (2d ed. 1976). - CicereUa, Inc. v. Jerusalem Tp. Bd. of Zoning Appeals. 59 Ohio App. 2d 31. 392 N.E.2d 574 (1978). m Bobandal Realties. Inc. v. Worthington. 21 A.D.2d 784. 250 N.Y.S.2d 575 (1964). affd, 15 N.Y.2d 788, 205 N.E.2d 685, 257 N.Y.S.2d 588 (1965). 411 Fayette County v. Seagraves. 245 Ca. 196. 264 S.E.2d 13 (1980). (Release #3, 4/89) '. 5.105 OBIECIlVES AND METHODS ~ 5.07[4][d] other administrative approval. 500 Prohibited changes include changes in kind or quality or location of a use, which may involve a change from accessory to principal status;501 the offer of a new product or service;S02 the extension of the use onto new land;503 substantial structural alterations to existing buildings;504 or the construction of new buildings.50S Municipalities generally treat changes in use and extension of use alike, finding both offensive to the goal of comprehensive zoning to eliminate nonconforming uses.506 However, a few courts have condominium does not increase the nonconforming nature of the structure. if it does not. no special permit is rl'quired for the addition). 500 Forsyth County v. York, 19 N.C. App. 361. 198 5.E.2d ,,0 (1973), cm. denied. 284 N.C. 253, 200 5.E.2d 653 (1973) (upholding authority of board of adjustment to dl'cidl' applications for changl'); Muse v. Zoning Hearing Bd.. 52 Pa. Commw. 287. 415 A.2d 1255 (1980) (upholding the grant of permission to build a tennis court at a nonconforming club); Appeal of ~ates. 393 A.2d 499 (pa. Commw. 1978) (allowing the expansion of a nonconforming nursing home by special permit); Civera v. Board of Adjustment, 38 Pa. Commw. 145,395 A.2d ,00 (1979) (allowing expansion of a nonconforming cultural institution which met the usual requirement for a variance). 501 Knowlton v. Browning-Fl'rris Indus. of Va.. 220 Va. 571. 260 5.E.2d 232 ( (1979); cf Tamerlane Rl'alty Trust v. Board of Appeals, 23 Mass, App. Ct. 450, 503 , N .E.2d 464 (I987) (application to add gUl'st rooms to a restaurant remanded for determination as to whether the special permit would be appropriate under ordinance allowing alternative uses that are not morl' detrimental to nl'ighbothood character). 502 Brown v. City of Cleveland, 66 Ohio 51. 2d 93,420 N.E.2d 103 (1981). 503 Village of Lake Villa v. Fargo ieI.' & Sons, Inc., 90 111. App. 3d .545,46 Ill. Dec. 92,413 N.E.2d 532 (19BO); Wickenden v. Luooshutz, 401 A.2d 995 (Me. 1979); Stuckman v. Kosciusko County Board of Zoning Appeals, 506 N.E.2d 1097 (Ind. 1987). 504 New London Land Use Ass'n v. Nl'W London Zoning Bd. of Adjustml'nt, 543 A.2d 1385 (N.H. 1988) (dl'nying special exception doubling the size of the existing structure, even though the dl'nsity would remain the same); Bailey v. Rutll'dge, 354 S.E.2d 408 (S.C. App. 1987) (upholding denil'd rl'qul'st for variant'e to l'nlarge a nonconforming USl' by adding an additional classroom); Appeal of Key Rt'alty Co., I 408 Pa. 98, 182 A.2d 187 (1962) (denying landowner's right to build an apartml'nt '. house whl'n he had l'stablished a nonconforming right to build a thrt't'.family dwdling). 505 Bowes v. Inspector of Buildings of Bro('kton, 347 Mass. 29.5, 197 N.E.2d 676 (1964); Angris v. MiIIl'r, 5 Mass. App. 470, 363 N.E.2d 1349 (1977). 506 Huffv. Board of Adjustml'nt. 69.5 S.W.2d 166 (Mo. App. 198.5) intt'rprett'd an ordinancl' which statl'S a nOll('onforming ust' "ma}' not bt' l.hangl'd 10 anothl'r nonconforming USl'" to mean such changt's are absolutl'ly prohibitt'd as oppost"d to being merl'ly restridivl'. ThE' court fQ('ust'd on t'fTf'Ctuating the inlt'ut of the enat,ting Il'gislativt' body and found that thl' spirit of zoning ordinan<:t's is and always has been to diminish and decreasl' non('onforming USl'S. (Release #4. 3/90) I " 5.106.1 OBJECI1VES AND METHODS ~ 5.07[4][d] Ordinances which allow changes with administrative approval safeguard the interests of both the nonconforming user and the nearby landowners because they allow for a case by case evaluation of the likely effect of the change and for the imposition of special conditions on the use in order to protect the surrounding area. The (Text continued on page 5-107) (Release #4. 3/90) '. ~ 5.07[4][e] ZONI~G 5.108 or change existing nonconforming uses. This section will address the mixed judicial response to administrative delays and other tech- niques used to prevent a landowner from establishing the right to a nonconforming use. One situation where a municipality might use this technique has been described as follows: [AJlandowner applies for a permit to erect a building or commence a use which is authorized at the proposed site, but which is not acceptable to adjacent owners, or is not consistent with some feature of the community plan for the development of the area. While there is some authority for the denial of a permit where a pending amendment would render issuance unlawful. most courts say that a municipality is without authority to deny a permit for a currently legal use. . . . This administrative procrastination. . . is supportable neither by law nor by sound and ethical practice. But its use is common enough to have provided the materials for a number of judicial opinions. 51. An applicant can seek a writ of mandamus forcing the issuance of a permit for a currently legal use.S1t But one who has not established a nonconforming use may find little judicial protection, since a municipality may amend a zoning ordinance to outlaw a use even while a mandamus action is pending. In such disputes the courts have generally decided that persistent efforts to obtain permission for a use do not preserve a landowner's right to that use in the face of properly amended zoning restrictions.52o A disappointed landowner may prevail by persuading the court that the existing zoning restrictions were not properly amended. In one case, the court invalidated restrictions which had been in place for several years before an application for a gasoline station was made and rejected. because the ordinance prescribed no standards for administrative approval for such an application. S21 In another gasoline station case, the court held that the landowner's right to that use had vested when his legal actions and substantial expense SlI R. Anderson. Americ4n Law of Zoning i 6.26 (2d ed. 1976). 51t Howard Simpson Realty Co. v. Marietta, 220 Ca. 721. 141 S.E.2d 460 (1965); C. De Masco Scrap Iron lit Metal Corp. v. Zirko 62 App. Div. 2d 92, 405 N.Y.S.2d 260 (1978), affd. 46 N.Y.2d 864.414 N.Y.S.2d 576, 387 N.E.2d 227 (N.Y. 1979). , SZO Morris v. Postma. 41 N.J. 354, 196 A.2d 792 (1964); Kramer v. Chicago, 58 Ill. App. 3d 592. 16 DJ. Dec. 157, 314 N.E.2d 932 (1978). 521 State ex reI. Humble Oil lit Renning Co. v. Walmer, 25 Wis. 2d 1. 130 N.W.2d 304 (1964). '. ~ 5.07[4][f] ZONING 5.110 historical context of zoning's formative years. During the Depres- sion and the subsequent war years, the courts were reluctant to interpret as abandonment the actions of the financially hardpressed or the suddenly conscripted landowner, or one whose use of the property was interrupted by wartime shortages or by Prohibition. Neither have courts been sympathetic to claims of abandonment based on accidental destruction of the propertyU7 or illness or death.su In addition, bankruptcy proceedings may forestall a finding of discontinuance of use.sat Applying this subjective test, a court must decide whether certain actions of the landowner express an intent to abandon the use. Usually, more than mere cessation of use is required.530 However, where a landowner leased his gas station to a manufacturer who used the site mainly for employee parking, he was found to have manifested an intent to abandon the property's former nonconform- ing use as a gasoline station and used car lot. 531 Where all manufacturing had ceased, and the owner admitted going out of business, one court found the non,confonning use was abandoned. S32 Similarly, a landowner who had not operated an adult bookstore for over two years and who had offered the premises for lease for other purposes was found to have abandoned her nonconfonning use. 513 The courts consider the passage of time in making their determina- tion, but few decisions applying the subjective standard have cited the length of a discontinuance as sufficient in itself to prove abandonment. S34 S27 City of Minot v. Fisher. 212 N.W.2d 837 (N.D. 1973); Dorman v. Mayor of Baltimore. 187 Md. 678, 51 A.2d 658 (1947). sUTown of Wayland v. Lee, 325 Mass. 637, 91 N.E.2d 835 (1950); if City of Chicago v. Cohen. 49 1lI. App. 3d 342. 7 1lI. Dec. 174, 364 N.E.2d 335 (1977) (upholding the tennination of nonconfonning status to a tailor shop, closed for six months due to owner's illness and his inability to find a tenant). m Hammond v. City of Chicago, 487 N.E.2d 87 (nt. 1985) (upholding grant of substitution of use even though use was discontinued for more than one year pending bankruptcy and foreclosure proceedings). 530 Concerned Citizens of Montauk. Inc. v. Lester, 62 A.D.2d 171, 404 N.Y.S.2d 360 (App. Div. 1978); Marzella v. Monroe, 123 A.D.2d 866, 507 N.Y.S.2d 646 (1986) a/f'd 41 modifkd, 69 N.Y.2d 967. 509 N.E.2d 342.516 N.Y.S.2d 647 (1987). 531 MioreUi v. Zoning Hearing 8<1.. 30 Pa. Commw. 330, 373 A.2d 1158 (1977). S32 Board of Adjustment v. Nelson, 584 S.W.2d 701 (Tex. 1979). m Dandy Co. v. Civil City of South Bend. 401 N.E.2d 1380 (Ind. App. 1980). S34 Point O'Woods Ass'n v. Zoning Bd. of Appeals, 178 Conn. 364, 423 A.2d 90 (1979). '. " ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ CITY MANAGER SUBJECT: AGENDA ITEM # 'l (3 - MEETING OF JUNE 23. 1992 REOUEST FOR CONDITIONAL USE APPROVAL/BLUE MAX AUTOHAUS DATE: June 19, 1992 We have received a request for conditional use approval to establish a vehicle repair facility (Blue Max Autohaus) on the southeast corner of S.E. 9th Street and S.E. 5th Avenue (old Wallace Nissan dealership) . The development proposal is to establish a full service vehicle repair facility within an existing 5,700 square foot building. Presently, there are seven (7) open air services bays located along the east side of the building. Those bays will be enclosed and overhead doors provided. In addition, the proposal includes parking lot improvements, dumpster screening, landscape upgrades, and repairs to the existing fencing and interior/exterior building. The Planning and Zoning Board at their June 15th meeting held a public hearing at which time public testimony was taken. One concern addressed was that of allowing repair facilities in addition to other auto uses along Federal Highway. While the Board had no objection to the proposed vehicle repair facility, they recommended modifications with regard to the proposed canopy, perimeter landscaping and drainage. The Board recommended approval by a 4-1 (Beer dissenting) and subject to conditions. The applicant objects to restrictions placed on the use of the canopy area and its impact on the diminished use of the site. A detailed staff report is attached as backup material for this item. Recommend approval of the conditional use request for Blue Max Autohaus subject to conditions as recommended by the Planning and Zoning Board. mOTIOn TO A-PP~0S c...onD\nonA-L U6~) Su.e.::fEc-r To -rhs ConOITlons 'KEcommE/)DSD &t pcf-2) wj~h ~ f:X..cl~llon oF- II <e II 'Rf.-qffeDi nq I.LSE.- OF mE- (!AnoPCj fIeW).- mOLA-w / 'KRnDOLPH / PA-5S8) <3 -fo ~ CR-l psei II q.... Ly ncJJ d.JSSE/777 1)9) '. <. . C I T Y COM MIS S ION DOC U MEN TAT ION TO~~VID T. HARDEN, CITY MANAGER . bJ~~~ THRU;--- VID J. OVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: TECHNICIAN II SUBJECT: MEETING OF JUNE 23, 1992 CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH A VEHICLE REPAIR FACILITY FOR BLUE MAX AUTOHAUS, INC. AT THE SOUTHEAST CORNER OF S.E. 9TH STREET AND S.E. 5TH AVENUE (SOUTHBOUND FEDERAL HWY.) ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of a Conditional Use request to establish a vehicle repair facility on a parcel of land zoned AC (Automotive Commercial). BACKGROUND: Blue Max Autohaus, Inc. is seeking to establish a vehicle repair facility within the west building at the old Wallace Nissan dealership at the southeast corner of S.E. 9th Street and S.E. 5th Avenue. The proposal is to occupy the existing building located on the west portion of the property and provide site upgrading. An analysis of the request is found in the attached Planning and Zoning Board Staff Report. PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of June 15, 1992, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was public testimony which expressed concern with regard to allowing vehicle repair facilities in addition to other auto uses along Federal Highway. The Board had no objection to the proposed vehicle repair facility, however there was discussion with regard to the use of the canopy, perimeter landscaping and the drainage flowing onto S.E. 9th Street. The applicant's agent, Doak Campbell, stated that his client would like to utilize the canopy area to park vehicles which have been repaired. The Board did not endorse that request, and made modifications to the staff recommendation. .. \ City Commission Documentation Meeting of June 23, 1992 Blue Max Autohaus, Inc. Vehicle Repair Facility Page 2 The Board voted (4-1) (Beer dissenting) to recommend that the Conditional Use request be approved subject to the following conditions: A. That a full site plan application be submitted pursuant to Section 2.4.3 of the Land Development Regulations, which addresses the "Items of Concern" identified in the staff report. B. That a plat be processed pursuant to Chapter 5 of the Land Development Regulations concurrently with the site plan. C. That a landscape plan and irrigation plan be submitted for the perimeter landscape strip of the entire block prior to, or concurrent with, the submittal of a building permit application. D. That the service bays be enclosed and overhead doors provided. *~ X That the canopy along S. E. 5th Avenue not be removed but CV~\<e:; that landscaping be provided on the north side of the c.Y canopy; and that the canopy area not be used for the ~G\ parking of vehicles. F. That a traffic study be submitted prior to, or concurrent with, the full site plan ot plat application, whichever is submitted first. G. That accommodations be made concerning the drainage as required by the Land Development Regulations. RECOMMENDED ACTION: By motion, approve the Conditional Use request to establish a vehicle repair facility (Blue Max Autohaus, Inc. ) subject to the findings and conditions as recommended by the Planning and Zoning Board. Attachment: * P & Z Staff Report and Documentation of June 15, 1992 '. PLANNING & ZONING BOARD CITY OF DELRA Y BEACH --- STAFF REPORT --- - MEETING 01. TE: JUNE 15. 1992 AGENDA ITEM: III. A. ITEM: CONDITIONAL USE REQUEST FOR AUTO REPAIR (BLUE MAX GERMAN AUTO) ON THE NORTHERN PORTION OF THE BLOCK BOUNDED BY THE FEDERAL HIGHWAY PAIRS. S.W. 10th STREET AND S.W. 9th STREET (NORTH OF SHONEY'S). AC ZONE DISTRIC' ..; J ~l , I~ ~ '\ vi ~ ~ I JO I )-- e ST. z . S.E. . TH ~ ...J ~ )- 5.[.'TH Sf <( i r- ~ I , '-- Vl X " " <( X X -' ~8!'- 0 ~ U \AI <{ a . \AI .; ~ iW' a::: ... ,/ r- 1 .". 5 1/ z ~ - O;:~ tnTw ~TRrn S, N , \ II GENERAL DATA: Owner.........................Southeast 9th Street Associates, Ltd. Applicant.....................John Miu, President Blue Max Autohaus Agent........................ . Doak S. Campbell Location......................Southeast corner of S.E. 9th Street and S.E. 5th Avenue (Federal Highway - Southbound) Property Size................ .Approx1m~tely 2,300 sq.ft. City Land Use Plan............General Commercial City Zoning...................AC (Automotive Commercial) Adjacent Zoning.........North: GC (General Commercial) East: AC South: GC West: GC Existing Land Use.............Vacant auto dealership. Proposed Land Use.............Establish auto-repair business in existing 5700 s.f. building_ Water Service.................Existing on site. ITEM: I1I.A. Sewer Service.................Existing on site. '. . I T E M B E FOR E THE BOARD: The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request to establish a full service vehicle repair facility (Blue Max German Autohaus, Inc). The subject property is located at the southeast corner of S.E. 5th Avenue (Southbound Federal Hwy.) and S.E. 9th Street. B A C K G R 0 UNO : The subject property is the west portion of Lot 2 of the Ninth Street Plaza plat. The property contains approximately 0.67 acres and is zoned AC (Automotive Commercial) . There is an existing 5,700 sq. ft. structure and associated parking located on the property. The structure was formerly occupied by the Wallace Nissan Automobile Dealership, which relocated to a new facility near 1-95 and Linton Boulevard approximately 5 years ago. The structure has not been legally occupied since. The most recent land use actions to occur with respect to the subject property are as follows: With the Citywide Rezoning of October, 1990, the subject property was rezoned from SC (Specialized Commercial) to AC (Automotive Commercial). The basis for the AC zoning was that there was a previously approved conditional use and site plan for a full service automobile dealership for the entire block. In February 1991, the south portion of the block was rezoned to GC (General Commercial to accommodate Shoney's restaurant and other retail uses. The AC portion retained 1.5 acres for the full service automobile dealership use. On June 13, 1991, the Planning and Zoning Board recommended approval of the Ninth Street Plaza plat subject to conditions. The plat defined two lots: Lot 1 for Shoney's; Lot 2 for the north portion of the block. The plat also accommodated abandonment of a midblock north/south alley. At its meeting of August 13, 1991, the City Commission approved the Ninth Street Plaza final plat. On April 29, 1992, the Site Plan Review and Appearance Board approved a minor site plan modification for MAB Paints (5,000 sq. ft. structure) on Lot 1. In order to accommodate the new building, 18 parking spaces on Lot 2 will be utilized via an off-site parking agreement. At that time, the owner of Lot 2 was informed that if parking for MAB Paints is provided on Lot 2, the ability to establish vehicle sales would cease, as vehicle sales require a minimum site area of 1.5 acres and an area less than that would remain unencumbered on Lot 2. '. P&Z Staff Report Blue Max German Autohaus, Inc. - Conditional Use Approval Page 2 PRO J E C T DES C RIP T ION : The development proposal is to establish a full service vehicle repair facility within an existing 5,700 sq. ft. building. Presently, there are seven (7) open air service bays located along the east side of the building. The applicant was informed and acknowledged that the bays are required to be enclosed, and stated that they would be enclosed and overhead doors provided. In addition, the proposal includes the following: * Resurfacing and restriping the existing parking areas to accommodate 26 parking spaces on the site. * Provision of a dumpster pad enclosure with vision obscuring gates. * Provision of landscaping to meet current Code requirements * Repairs to existing fencing and exterior of the building. * Improvements to the interior of the building. CON D I T ION A L USE A HAL Y S IS: CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part ot the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: (The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a Land Use Plan designation of General Commercial and an AC (Automotive Commercial) zoning designation. The AC zone designation is deemed consistent with the General Commercial land use plan designation. Pursuant to Section 4.4.10(D)(7), within the AC zone district, a full service vehicle repair facility is allowed as a Conditional Use. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map. '. P&Z Staff Report Blue Max German Autohaus, Inc. - Conditional Use Approval Page 3 CONCURRENCY: Facilities which are pro v ided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. For sewer and water, concurrency shall mean that direct connection to a functioning municipal system is made. For streets (traffic), drainage, open space (parks), and solid waste, concurrency shall be determined by the following I * The improvement is in place prior to issuance of the occupancy permit; * The improvement is bonded, as part of the subdivision improvements agreement or similar instrument, and there is a schedule of completion in the bonding agreement; * The improvement is part of a governmental capital improvement budget; it has been designed; and a contract for installation has been solicited. Water and Sewer: To date no water and sewer plans have been submitted; however the following is noted: * An existing 8" water main located along the east side of S.E. 5th Avenue and the south side of S.E. 9th Street (west and north property lines). * Fire suppression will be provided via existing fire hydrants at the west and north driveways. * An existing 8" sanitary sewer main is located along the .the proposed east property line (former alleyway). The water and sewer mains along with the fire hydrants were installed in conjunction with the development of the Shoney's site. Based upon the above, no water and sewer main extensions or upgrades are required with this development proposal. Drainaqe: Paving and drainage plans have not been provided. Currently, drainage from this site flows northward onto S.E. 9th Street. A master drainage plan was submitted with the Ninth Street Plaza plat. The plan showed the accommodation of drainage on the north portion of the site via an exfiltration system. As the parking parking (asphalt) areas are existing, a full site up-grade to accommodate the retention of drainage was not required with this development proposal. However, some modifications to the existing grade will need to be made in order to direct the drainage into the swale areas and away from S.E. 9th Street. '. P&Z Staff Report Blue Max German Autohaus, Inc. - Conditional Use Approval Page 4 The existing asphalt will be removed and landscape strips installed along the north and west property lines. This will provide swale areas. However, there was pavement that was removed to install the sewer main, which must be replaced. At the north driveway, the pavement must be installed in a manner so it will direct the drainage towards the landscape areas and away from the 9th Street right-of-way. Streets and Traffic: A traffic impact study has not been submitted. In order to expedite processing of this petition, a delay in providing the traffic study has been granted. However, the City's Traffic Engineer calculated that the proposed use will generate approximately 234 ADT (Average Daily Trips). Based upon these calculations, the proposed conditional use will generate similar traffic volumes to a comparable AC use and therefore will not have any net impact on the adjacent roadway links. With a full site plan or plat submittal, whichever is submitted first, a traffic study prepared by a Registered Engineer must be provided. No right-of-way dedications or street widening is required with this development proposal. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. The open space requirements may be met by applying Section Section 4.6.16(H)(3) (perimeter and internal landscape requirements). These requirements must either be met or appropriate waivers or variances obtained with the full site plan submittal. A minimum 25% non-vehicular open space shall be provided. Solid Waste: Trash generated by the proposed vehicle repair facility will not be significant with respect to level of service standards. CONSISTENCY: (Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5 (E) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency). A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following was found: '. P&Z Staff Report Blue Max German Autohaus, Inc. - Conditional Use Approval Page 5 Land Use Element Policy A-2.4 - Auto related uses which involve the servicing and repair of vehicles, other than as a part of a full service dealership, shall be directed to industrial/commerce areas. Pursuant to Section 4.4.10(A)(Purpose and Intent), the AC zone district was created to provide specific regulations for auto related uses when they are not located within Commerce or Industrial Districts; and to further Objective A-2 of the Land Use Element. Based upon the above, it is appropriate to make a finding of consistency with this Comprehensive Plan Policy. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E){5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on the north, south and west by the GC (General Commercial) zone district, and on the east by the AC zone district. The existing land use north of the site is Miami Subs restaurant and south is Shoney's restaurant. East is an existing 2,500 sq.ft. vacant structure that was previously occupied with the old Nissan dealership (5 years ago). West of the site are commercial uses. Thus, as the property is surrounded by commercial uses, there will be no detrimental effect upon any neighborhoods. As the service bays face the east, the noise associated with the vehicle repair facility may have an adverse impact on the property to the east. However, the property to the east is zoned AC and could be redeveloped to accommodate uses allowed wi thin the AC district, except the sales, lease or rental of vehicles. The remainder of the surrounding properties should not be negatively impacted by the proposed use. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: If the Conditional Use is approved, a full site plan submittal complying with the Land Development Regulations will be required. Signage details were not provided, nor are they required with a sketch plan submittal. However, with the full site plan submittal, signage details should be provided along with the landscape plan to avoid any potential conflicts between the two. '. P&Z Staff Report Blue Max German Autohaus, Inc. - Conditional Use Approval Page 6 Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Upon staff review of the sketch plan, the following "Items of Concern" were identified. I T EMS o F CON C ERN 1. Subdivision (Replat) The development proposal involves subdividing Lot 2 into two separate lots, thus requiring a plat to be processed. The plat should be processed concurrently with the site plan. The south property line of the proposed lots should correspond with the north property line of Lot 1. It is noted that the proposed south property should be located 5' to the north. This will enable Lot 1 (Shoney's site) to meet the 5' perimeter landscaping requirement. In addition, it may be more appropriate for the proposed east property line to correspond with the east side of the proposed north driveway. This will provide more appropriate accommodations for cross access easements and drainage agreements. 2. Outside Storaqe Staff requested clarification regarding the use/activities proposed for the paved area immediately south of the building. However, a response has not been provided. It is assumed that this area will be utilized for the storage/security of vehicles awaiting repair. Pursuant to Section 4.4.10(C)(3)(a), parking lots for customers, employees, temporary storage of vehicles awaiting repair, and for the display of vehicles are allowed as an accessory use within the AC zone district. However, the ability to utilize this area will be reduced with relocation of the proposed south property line 5' to the north. 3. Service Bays Presently, the proposed service bay areas are not enclosed. Pursuant to Section 4.6.6(A), all principal uses must be located within an enclosed building. The applicant and agent have verbally indicated that the service bays will be enclosed and overhead doors provided. The building elevations will need to be revised to reflect these changes. 4. Front Porch (Canopy) The existing front porch/canopy area was ~tilized as a display area for sales vehicles with the Wallace Nissan dealership. The area covered by the canopy contains 936 sq. ft. It is noted that the display of vehicles for sale is not a permitted use on this site. In order to discourage the use of '. P&Z Staff Report Blue Max German Autohaus, Inc. - Conditional Use Approval Page 7 this area for display, it may be appropriate to require removal of the canopy and the provision of landscaping in this area. If the canopy is not removed, a landscaped area should be provided on the north side of the canopy area, adjacent to the driveway. The provision of landscaping and nonmountable curbing would eliminate the ability to access this area from the parking lot. If the area were to be utilized repair, office or other purposes, the canopy area would have to be enclosed and 5 additional parking spaces must be provided. With the sketch plan design, it appears that it would be difficult to provide any additional parking spaces, which will hinder the ability to expand the use. 5. Dumpster Location Waste Management has indicated that the dumpster will need to be relocated to the southeast corner of the site. This will enable Waste Management vehicles to access the dumpster without any turning movements. In addition, the dumpster enclosure should be designed so there is available space to accommodate a dumpster for recyclable materials; and containers for motor oil recycling and the disposal of hazardous waste. 6 . Parking Pursuant to Section 4.6.9(C)(5)(b), vehicle repair facilities shall provide 4.5 spaces per 1,000 sq. ft. of gross floor area. The existing building contains 5,700 sq. ft., which requires 26 parking spaces. The sketch plan provides 26 parking spaces. It appears that relocating the dumpster to the southeast corner of the site will eliminate 2 parking spaces proposed in that location. However, the proposal will up-grade a nonconforming situation i.e. current number of spaces is 22. This item will be addressed further with the analysis of the full site plan submittal. 7. Perimeter Landscaping With the development of Shoney's, a perimeter landscape strip was to have been installed around the totality of the Ninth Street Plaza plat. However, the perimeter landscaping was not installed and a bond was posted to cover the cost of those improvements. Therefore, it is appropriate to require the submittal of a landscape plan and irrigation plan for the perimeter landscape strip, prior to or concurrent with the submittal for a building permit. '. P&Z Staff Report Blue Max German Autohaus, Inc. - Conditional Use Approval Page 8 REV I E W B Y o THE R S . . Community Redevelopment Aqency: At its meeting of June 4, 1992, the Community Redevelopment Agency reviewed the development proposal and had no objections to the proposed vehicle repair facility. Site Plan Review and Appearance Board: If approval is granted for the Conditional Use, a full site plan submittal will follow. Final action on the site plan submittal rests with the SPRAB (Site Plan Review and Appearance Board) . The site plan must accommodate concerns raised through the conditional use analysis. Public Notice: Normal public notice has been provided to property owners within a 500 ft. radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Special courtesy notices were not provided. ASS E SSM E NT: The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The site has been vacant and somewhat neglected for 5 years. The proposed landscaping and parking modifications will greatly improve the appearance of the property. In review of the Sketch Plan, a number of concerns were identified which will need to be addressed with the full site plan submission. Some of the concerns have been included as conditions due to their importance. A L T ERN A T I V E ACT ION S . . 1- Continue with direction. 2. Recommend approval of the Conditional Use request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan subject to conditions. 3. Recommend denial of the Conditional Use request based upon a Failure to make positive findings with respect to Section 2.4.5 (E)(5) (Compatibility) and Chapter 3, Sections 3.1.I(C) (Consistency) of the proposed use with adjacent land uses. ~ '. P&Z Staff Report Blue Max German Autohaus, Inc. - Conditional Use Approval Page 9 RECOMMENDED ACT ION I Recommend approval of the Conditional Use request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations and the policies of the Comprehensive Plan subject to the following conditions: A. That a full site plan application be submitted pursuant to Section 2.4.3 of the Land Development Regulations, which address the "Items of Concern" identified in this Staff Report. B. That a plat be processed pursuant to Chapter 5 of the Land Development Regulations concurrently with the site plan. C. Tha t a landscape plan and irrigation plan be submitted for the perimeter landscape strip of the entire block, prior to or concurrent with the submittal of a building permit application. D. That the service bays be enclosed and overhead doors provided. E. That the canopy along S.E. 5th Avenue be removed and landscaping provided; or that a landscaped area along with nonmountable curbing be prov ided on the north side of the canopy area, adjacent to the driveway. F. That a traffic study be submitted prior to, or concurrent with, the full site plan or plat application, whichever is submitted first. G. That accomodations be made to prevent drainage from flowing onto S.E. 9th Street. Attachments: Sketch Plan Overall Concept Plan JAC/T:BLUEMAX.DOC '. MEMORANDUM TO: PLANNING AND ZONING BOARD MEMBERS ~ THRU: FROM: LO, PLANNING TECHNICIAN II RE: AUTOHAUS , INC. - JUNE 11, 1992 MEETING DATE: JUNE 12, 1992 On June 11, 1992, Staff met with Doak Campbell (Agent for Blue Max) at which time new information regarding the proposed development was presented. The agent stated that his client needs additional outside storage area to store expensive vehicles awaiting repair. In order to increase the storage area, the proposed south property line will be located further south to the existing edge of pavement. The proposed property line will bisect 9 proposed parking spaces which are to be installed in conjunction with the MAB Paints development. Staff has received an off-site parking agreement (legal document), which allows the developments to the south (Shoney's & MAB Paints) the perpetual use of these parking spaces. Thus, the off-site parking agreement and the site plans for both Shoney's and MAB Paints will need to be modified. A formal request defining the above proposal has not been submitted and it is not known if all the parties involved have been informed of this proposal. It is anticipated that legal representation from all parties involved will be present at the Planning and Zoning Board meeting. '. I /II~~ IfvJ,3>fS , : I I I .CL~Cl -- -- -- < -- - -~ - l( --- -- ->, -I x-. .- -- -. t- -.- -- -- -, I. - .. - . I o ~ I ' , I I o z:!.. 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MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: r!CITY MANAGER SUBJECT: AGENDA ITEM # q]) - MEETING OF JUNE 23. 1992 CONSIDERATION OF REOUEST FOR ABANDONMENT OF RIGHT-OF-WAY DATE: June 19, 1992 We have received a request from Mr. Malooley asking that the City abandon a 80 foot portion of the Dover Road right-of-way between Linton Boulevard and the L-35 canal. This proposed abandonment would encompass an 80 by 160 foot section of unimproved right-of-way. The applicant previously purchased Tract E, which is adjacent to the road right-of-way. Subsequently, he is asking that a portion of the Dover Road right-of-way be abandoned and incorporated into Tract E. Currently, Florida Power and Light and Leadership Cable facilities exists within the right-of-way. In addition, a 12 inch water main and a 12 inch sewer force main exist within the right-of-way. A transmission main is also planned in this area. It should also be noted that if the right-of-way is abandoned, Lake Worth Drainage District has informed us that half of the right-of-way will be required for the maintenance of the E-3 1/2 - 3 Canal, which is just east of Dover Road. Before any right-of-way abandonment can be approved certain findings must be made. One of those findings is that there is not, nor will there be, a need for the use of the right-of-way for any public purpose. Because of the number and importance of the facilities existing within the right-of-way, there is a definite public need for use of this right-of-way. The Planning and Zoning Board at their June 15th meeting recommended denial of the petition for abandonment. Following that recommendation, the applicant stated that he felt misled in pursuit of the abandonment and that he should be reimbursed the $500 application fee. The City Attorney's office was contacted by staff regarding this request. According to the City Attorney's office no basis exists to honor the reimbursement requestj and therefore, it should be denied. Recommend consideration of a request to abandon a 80 foot portion of the Dover Road right-of-way between Linton Boulevard and the L-35 canal j and of a request for reimbursement of the $500 abandonment petition fee. m0T10n TO Dti1y ffiouw) AnDefW5 / 4 -/-0 / {J}/pWf) ) c/J ssen71fJy " .. C I T Y COM MIS S ION DOC U MEN TAT ION TO: FROM: SUBJECT: MEETING OF JUNE 23, 1992 ABANDONMENT OF RIGHT-OF-WAY **REGULAR AGENDA** ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the abandonment of an 80' portion of the Dover Road right-of-way. The subject right-of-way is located just north of Lowson Boulevard, between Homewood Boulevard and Military Trail. BACKGROUND: Originally, the Dover Road right-of-way was planned to extend from Linton Boulevard north to Atlantic Avenue. However, in January, 1982, through the enactment of Resolution 2-82, the section of Dover Road that extends through the Hamlet Subdivision north to Atlantic Avenue was abandoned. Therefore, currently the Dover Road right-of-way only extends from Linton Boulevard north to the L-35 canal. On January l4, 1992 the applicant, Richard Malooley, purchased a City owned landscape easement known as Tract E. Mr. Malooley's stated reason for acquiring this tract is to make an addition to his existing single family home, just to the west Tract E. Throughout Mr. Malooley's discussions to purchase Tract E, he also inquired into the possibility of incorporating the unimproved portion of Dover Road just east of Tract E with his lot and "beautify" the right-of-way. According to the City Clerk's tape of the January 14, 1992 City Commission meeting, Mr. Malooley was notified that if he only wanted to "beautify" the Dover right-of-way he could try to obtain a right-of-way permit for this action. ,. .. City Commission Documentation Abandonment of Dover Right-of-Way Page 2 ABANDONMENT ANALYSIS: According to the survey that was submitted, currently there are Florida Power and Light and Leadership Cable facilities within the right-of-way. In addition, the Environmental Services Department has given notice that a 12" water main and a 12" sewer force main currently exist within this right-of-way. The Environmental Services Department has also stated that in the future a transmission main is planned to extend from Linton Boulevard north to Atlantic Avenue through the Dover Road right-of-way. If the right-of-way is abandoned, Lake Worth Drainage District has informed the City that half of the right-of-way will required for the maintenance of the E-3-1/2-3 Canal, which is just east of Dover Road. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at it's meeting of June l5, 1992 at which time positive findings with respect to the right-of-way not being needed for any public purpose could not be met. Please refer to the Planning and Zoning staff report (attached) for the full project analysis. Subsequently, the petition to abandon this right-of-way was denied. Also, at the Planning and Zoning meeting, Mr. Malooley stated he felt misled in pursuit of the abandonment and that he should be reimbursed the $500 application fee. Attached please find a letter from Mr. Malooley requesting that fee. RECOMMENDED ACTION: By separate motions, 1- Deny the request to abandon this 80' x 160' section of Dover Road. 2. Deny the request for refund of the application fee. Attachment: * P&Z Staff Report T:DOVERCC.DOC ,. hi .. . ~ PLANNING & ZONING BOARD . CITY OF DELRA Y BEACH --- ST AFF REPORT --- MEETING DATE: June 1S, 1991 AGENDA ITEM: IV.C. ITEM: Abandonment of a Portion of Dover Road, Lvin~ North of Lawson Boulevard II S l.-3$ CAHAL I ~ I ~ ""0 .. "0,'.. J .., .!. lDWSON IOUL[\'AIa) I I ! PONCE DE LEON 80ULlVARD i - i GENERAL DATA: Owner........................City of Delray Beach, Florida Applicant....................Richard G. Malooley Location.....................Dover Road right-of-way, north of Lowson Boulevard. Property Size................0.297 Acres City Land Use Plan...........None (roads do not have Land Use Designations) City Zoning..................R-1AAA-B (Single Family Residential) Existing Land Use............Dover Road Right-of-way (unimproved) Development Proposal.........To be consolidated with adjacent single family parcel to the west. Request......................Abandonment of a 80'x 160' right-of- way easement for Dover Road. IV.C. '. . . I T E M 8 E FOR E THE 8 0 A R 0 : The item before the Board is the review and recommendation of the abandonment of ail 80' section of the Dover Road Right-of-way. The subject right-of-way is located just north of Lowson Boulevard, between Homewood Boulevard and Military Trail. BACKGROUND: Originally, the Dover Road right-of-way was planned to extend from Linton Boulevard north to Atlantic Avenue. However, in January, 1982, through the enactment of Resolution 2-82, the section of Dover Road that extends through the Hamlet Subdivision north to Atlantic Avenue was abandoned. Therefore, currently the Dover Road right-of-way only extends from Linton Boulevard north to the L-35 canal. To the west of the 80' section of the Dover Road right-of-way exists a former landscape tract, known as Tract E. On January 14, 1992 the applicant, Richard Malooley, purchased from the City this tract for the purpose of expanding his single-family home located just west of Tract E. Throughout Mr. Malooley's discussions to purchase Tract E, he also became interested in the Dover Road right-of-way just east of Tract E. After Mr. Malooley purchased Tract E, he decided to submit an abandonment petition for the Dover Road right-Of-way adjacent to Tract E and incorporate this right-Of-way into his property. PROJECT DES C RIP T ION : This abandonment would encompass an 80' x 160' section of unimproved right-Of-way. To the north of the right-Of-way is the. L-35 Canal and to the east is the E-3-1/2-3 Canal, both owned and maintained by the Lake Worth Drainage District. To the west there exists Tract E, which was recently purchased by Mr. Malooley. To the south of the right-Of-way is the Lowson Boulevard right-Of-way. ABANDONMENT A N A L Y S IS: According to the survey that was submitted, currently there are Florida Power and Light and Leadership Cable facilities within the right-Of-way. In addition, the Environmental Services Department has given notice that a 12" water main and a 12" sewer force main currently exist within this right-Of-way. '. : P , Z Board Staff Report Dover Road Abandonment Page 2 The Environmental Services Department has also stated that in the future a transmission main is planned to extend from Linton Boulevard north to Atlantic Avenue through the Dover Road right-of-way. If the right-of-way is abandoned, Lake Worth Drainage District has informed the City that half of the right-of-way will be required for the maintenance of the E-3-l/2-3 Canal, which is just east of Dover Road. REQUIRED FIN DIN G S : Before any right-of-way abandonment can be approved the following findings must be made: A) That there is not, nor will there be, a need for the ule of the right-of-way for any public purpo.e. Because of the number and importance of the facilities existing within this right-of-way, there is a definite public need for use of this right-of-way. B) That the abandonment doe. not, nor will not, prevent acce.1 to a lot of record. There is only one lot of record adjacent to this right-of-way (Lot 12 and Tract E with a unity of title). It has access directly from Lowson Boulevard. C) That the abandonment will not result in detriment for the provision of accesl and/or of utility servicel to adjacent properties or the general area. Generally when a right-of-way is abandoned, sufficient easements are provided for all existing and planned facilities. But due to the proximity of facilities within the right-of-way, the easements would need to cover the entire land area. This would prohibit use of the land for structures, fences, tree plants, and the like. Thus, the right-of-way could be used only as a grassed area. ASS E S MEN T : Due to the fact that the Dover Road right-of-way within the Hamlet Subdivision was previously abandoned, the abandonment of this section of Dover Road at first appeared to be relatively simple. Once all review comments were received, however, the fact that there are so many public facilities within the right-of-way caused concern. This, coupled with Lake Worth Drainage District's need for half of the right-of-way and the planned future transmission main, leads to a conclusion that the right-of-way should not be abandoned, but retained for proper public purposes. '. P & Z Board Staff Report Dover Road Abandonment Page 3 R E COM MEN 0 A T ION : By motion, transmit a recommendation of denial to abandon this 80' x 160' section of Dover Road. . * Location Sketch and Reduced Survey T:DOVERRW.DOC f '. .). r', :-;~ ~ ~ i......... " "' :: ~~ ~ ~ I I ('" I " - "' , :~ ~ 0- ---,.. /~ --. .~ ~ ~ ~~ ~... ~ " '.. ~ '\ -~ ... ' ,..... ,~~ ~ os 1 ~",:"l') .. . , I . ~ t. f\ l j o . ~ ~.... '. ~ ,. I' '9' .--' " , " " " \ " .... I ... --.-.--1 /~tJ. ?J?J' - ......., , , , I , ,.... ~'::1 a ~ I t'; r .(:;r r~ I , .... r'" ,. ,. --- .- - I I ). . , , ..,i\ I .' :,. , ..... " ~ . 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' , r' L' ( I ,- ( , , I / , ~ '- - ~ -,; , ~ ,""1 '('''. .-(.J_-= ~. !":r,"r"..'-'J ;,/" . . '" '\\ r . , ;." , . .f> ./ I - I ~ . - ~-"'.P~ &. of :.- /f?; ,'.f.-I::r ,:' L- I I . . . - ~~ "\ -----........ 1 , - .- - - - /.?-~ .:!.~,-;_. ;:';.-';J1'v~.r:i7- - - . -', , -: .. . I. - - Io>~'r- -'- ~ fowER. ~ (46lE TV L.mrr,S . " \ . .; ~~ : . ~' ~ .'"" -K' 5nJeR.. r~ ~ . ~ ~'\ ~" - .... ~ /' , '" ,- ~,\i , r ~~ ~ , I ( , ~I ~ .~ ~ .. --'" -' ~_... '<l rl' ~ l. ~~ ~ , "IiI).' ~ '~ . '" r. .("....;,..:./,'" c.~- if '.J.. ,...? &;: - ..,'_'; ~.f .- - . ! ':-_'? , i ~ ~~' I ~ '>I , ~l ~, . \~ "'. ~ ~d " ~~I , ~ '.: ~- ~ " ! " ~ "'IX' It -. .... " ~ I '" ",,v t:1 ~, ~""- '" l) , I /0' CJ . :-.. .'* -/ . ' ~ - - - ~, r:.' .-. e;,.J.1 ,~ _ ~,J~" /.... ','1" 1#" ~,(..,.. V - , - ",-' ~.".~" ~JJI'" , . ';." ,:J . , ' - - .- ,. .... - . , . - - - -- -- ., - - ;/ I c.. ,.'. ""z.. __of ~.~. /6t:J. c:JcJ' -. '. .-- .- - ..., .- ~ 'f , ~ " I . , " , l>., \ . ~ C A ~' ,If L I ~ . LAKE f(/C)~/// ,(J,tJ~/A/46'c- P/5/~/,/ ,4,.0(.1 c- ~1z ~ ~ ~ 0' \ ,... a I ! 1 , Q k ~ i z i w k W III: i ~ J / L-35 CANAL .., ........... I ~ ~ .. "0,',. J. I III LDWSON 8OULE:VUD PONCE DE l.[OH 80UlLVARD /lfPERIAL. SHERWOOD IOUlLVARD YIlus LAKEVIEW ~ '" I ~ - , '" , w ~~t rP1 ~ k k ~ ABANDONMENT OF A PORTION OF DOVER ROAD '. . JUNE 15,1992 - GENTLEMEN: I AM WRITING THIS LETTER IN REGARD TO THE DENIAL OF THE ABANDONMENT OF DOVER ROAD. I HAD ALSO APPLIED FOR LOT E AND WAS UNDER THE IMPRESSION BOTH WERE BEING APPROVED AT THE PUBLIC HEARING THAT TOOK PLACE. PLEASE FIND ENCLOSED A COpy OF ORDINANCE 8591 ITEM 10C INTENT TO SELL CITY OWNED PROPERTY. AS YOU WILL SEE IT DEALS WITH THE 80FT BY 160FT THAT WE ARE DISCUSSING. THE MINUTES WILL INDICATE THAT LOT E WAS IN FACT THE ONLY PROPERTY APPROVED AT THAT TIME. I WAS NOT UNDER THIS ASSUMPTION, BUT WAS LATER ADVISED THAT AN APPLICATION FOR ABANDONMENT WAS NECESSARY. THIS IS AGAIN A CONTRADICTION TO THE MINUTES OF THE PUBLIC HEARING. I WAS LATER ADVISED THAT THIS WAS A NECESSARY FORM- ALITY, AS THE DOVER ROAD ABANDONMENT FOR THE HAMLET WAS ALREADY APPROVED. IN ACTUALITY THERE WERE NO OTHER OBJECTIONS FROM OUTSIDE SOURCES TO THE ABANDONMENT, OTHER THAN THE CITY OF DELRAY ITSELF. I FEEL THAT MY DEPOSIT OF $500.00 SHOULD BE RETURNED TO ME AS THE INFORMATION WAS MISLEADING. SINCERELY, - . RI ~ ,. . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: 9}JYCITY MANAGER SUBJECT: AGENDA ITEM it q f- - MEETING OF JUNE 23. 1992 WAIVER OF REPLAT REOUIREMENT/ALLAMANDA GARDENS DATE: June 19, 1992 We have received a request from the Palm Beach County Housing Partnership and the owner of Lot 18, Allamanda Gardens for waiver of the replat requirements in order to accommodate the encroachment of a structure into a common accessway. In November 1991, a foundation and walls were constructed for a house on Lot 18 in the Allamanda Gardens subdivision. Due to a surveyor's error, that structure encroaches approximately 5.5 feet into Access Tract 3. The Access Tracts provide entrance into the park area located in the center of the development. Subsequently, a Stop Work order was issued and construction of the house ceased. The proposal is to create a new parcel which would reduce the eastern half of Access Tract 3 to five feet in width. The new parcel, which would be 15 feet by 100 feet, would then be combined with Lot 18. With the new property line, the house would meet the side setback requirements for R-1-A (Single Family Residential) zoning district. Removal and relocation of the structure would cost approximately $18,000. Section 2.4.5 (L) (1) (a) of the Land Development Regulations states that any modification to a recorded plat which involves the legal description of a parcel, including a change in location of a lot boundary line, shall require a replat, or at least that portion of the original plat which is affected. The Housing Partnership is requesting that the Commission waive the requirement for a replat, and acknowledge the modification of the original plat by acceptance of the QuitClaim Deed. The Allamanda Gardens Homeowners Association is supportive of this request. LDR Section 2.4.7(B) is the authority for such waivers. A detailed staff report is attached as backup material for this item. Recommend approval of request for waiver of the replat requirement for Lot 18 Allamanda Gardens subject to the condition that a Unity of Ti tIe be recorded which combines that portion of Tract 3 affected with Lot 18, in a form which is acceptable to the City Attorney. AppRoUffi .5-0 .. " C I T Y COM MIS S ION DOC U MEN TAT ION TO: 10 L. HARDEN, CITY MANAGER ~V~ AND ZONING DIRECTOR \ ;~~R III FROM: SUBJECT: MEETING OF JUNE 23, 1992 REQUEST FOR WAIVER OF REQUIREMENT TO REPLAT PROPERTY LOCATED IN ALLAMANDA GARDENS ACTION REQUESTED OF THE COMMISSION The action request of the City Commission is that of a waiver of a requirement to rep1at a portion of Access Tract 3 in the A1lamanda Gardens subdivision. BACKGROUND The A11amanda Gardens subdivision, located at the southwest corner of S.W. 8th Avenue and S.W. 3rd Street, consists of 36 single family lots surrounding a central Park Tract. The developer of the project was the Palm Beach County Housing Partnership, which still retains a controlling interest in the development. The lots on the outer edge of the subdivision have access to the park in the center through three Access Tracts (see Exhibit "A") . These tracts, known as Access Tracts 1, 2, and 3, were dedicated on the plat to the Allamanda Gardens Homeowners Association. The original site plan for the development calls for the installation of sidewalks and landscaping within those tracts. In November of last year, a foundation and walls were constructed for a house on Lot 18 of the subdivision. Lot 18 is adjacent to and immediately south of Access Tract 3 (see Exhibit "A"). Due to a surveyor's error, the partially constructed house encroaches approximately 5.5 feet onto the Access Tract (see Exhibit "B"). When the error was discovered, a Stop Work order was issued and construction of the house ceased. Subsequent to the discovery of the error, The Housing Partnership and the Homeowners Association began working with the surveyor, James E. Neuhaus, I nc . , and the purchaser of the .. .j City Commission Documentation Request for Waiver of Plat--Allamanda Gardens Page 2 house, Byron Jones, to find a satisfactory resolution to the problem. The proposed solutions were essentially variations on two basic alternatives, which are as follows: 1) remove the foundation and walls, and construct the house at its proper location on the loti or 2) allow the house to remain in its present position, and adjust the property line between Access Tract 3 and Lot 18 accordingly. The first alternative, removal of the house, was estimated to cost approximately $18,000. That cost would presumably be borne by the surveyor. The second alternative involves the conveyance of the affected portion of Access Tract 3 to the new property owner, and would require the permission of all members of the Homeowners Association. During the course of their discussions regarding this matter, members of the Homeowners Association expressed concerns about the need for and use of the three Access Tracts. The homeowners, especially those living immediately adjacent to the tracts, were concerned that visible pedestrian accessways would invite "outsiders" to come into the community. According to the minutes of the January 9, 1992 meeting of the Homeowners Association, the members voted unanimously to "remove" the Access Tracts completely (see Attachment "1"). Planning and Zoning and Community Improvement staff held several meetings and discussions with the surveyor, members of the Homeowners Association, and representatives from the Housing Partnership. Staff advised all parties that if one or all of the Access Tracts were to be removed or modified, a replat of the property would be necessary. The Association and the Partnership have proposed the following steps as a means of resolving both the problem with Lot 18, and the issue of the treatment of the Access Tracts: 1) Allow the house on Lot 18 to remain in its current position, by creating a new parcel which is,portion of Access Tract 3. Conveyance of that portion of Access Tract 3 would be through a Quit Claim Deed, signed by all members of the Association. 2) Modification of the site plan and landscape plan to allow for the deletion of the landscaping, lighting, and sidewalks proposed for all of the Access Tracts, as well as the elimination of all improvements proposed for the Tot Lot on the Park Tract. While modification of the site plan can be handled by taking the plan through the normal review process, the creation of the new ,. city Commission Documentation Request for Waiver of Plat--Allamanda Gardens Page 3 parcel requires that the plat be modified. Section 2.4.5 (L)(l)(a) of the Land Development Regulations states that any modification to a recorded plat which involves the legal description of a parcel, including a change in location of a lot boundary line, shall require a replat, of at least that portion of the original plat which is affected. The surveyor has proposed a new parcel which effectively reduces the width of the eastern half of Access Tract 3 from 20 feet to 5 feet (see Exhibit "C"). The new parcel, which is 15 ft. x 100 ft. in size, would then be combined with Lot 18. With the new property line, the house in its present position would meet the side setback requirement for the R-1-A zoning district. The surveyor has had a Quit Claim Deed drawn up and signed by all members of the Allamanda Gardens Homeowners Association (see Attachment "2"). Since several of the members were out of town, and in some cases out of the country, a certain amount of difficulty was encountered obtaining the various signatures. If the property is to be replatted as required by the LDRs, those same members would have to sign the amended plat. The Housing Partnership is asking that the City Commission waive the requirement for a replat, and acknowledge the modification of the original plat by acceptance of the Quit Claim Deed. As the prospective homeowner is anxious to resume construction of the house, there is concern over the additional delay that a replat of the property would necessitate. ANALYSIS Waivers may be granted by the City Commission pursuant to Section 2.4.7(B) of the Land Development Regulations, provided that the provision being waived does not deal with: a) the use of land or structures, b) a requirement for a public hearing, or c) a regulation for which a waiver is specifically prohibited. Within those parameters, the requirement to plat may be waived. The findings which must be made in connection with the granting of a waiver are that the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or (d) Does not result in the grant of a special privilege, in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 'f ..,.~, City Commission Documentation Request for Waiver of Plat--Allamanda Gardens Page 4 As evidenced by the signatures on the Quit Claim Deed, the Allamanda Gardens neighborhood is supportive of the resulting changes in the property lines. A waiver from the technical requirement to plat those changes will not have an adverse affect on the community. Similarly, the waiver will not result in a diminishing of public facilities, nor will an unsafe situation be created. The waiver will not constitute the granting of a special privilege, as this request is the result of unique circumstances which necessitate a more flexible approach. Staff's preference in this matter would have been that the Access Tract be preserved as shown on the plat, and that the sidewalk and landscaping be installed as originally conceived. However, it is clear that the community does not want the Tracts to be clearly identified, and they are pursuing a modification to the site plan to make those changes official. With the resulting reduced importance of those Tracts, it is appropriate that the Association and Partnership work with the property owner to accommodate the existing location of the structure. Given the relatively minor nature of the change in relation to the steps which would be necessary to process a replat, it is also appropriate that the platting requirement be waived. However, the granting of the waiver should be contingent upon the recording of a Unity of Title which combines Lot 18 with the newly created parcel, in order to ensure that the parcel is used only in conjunction with the lot. RECOMMENDED ACTION By motion, approve the request for a waiver of the requirement to apply for a replat of Allamanda Gardens, and accept the Quit Claim Deed in lieu thereof, based upon positive findings as described in Article 2, Section 2.4.7(B)(5) of the Land Development Regulations, and subject to the condition that a Unity of Title be recorded which combines the portion of Access Tract 3 described as depicted in Exhibit "C" with Lot 18, in a form which is acceptable to the City Attorney. Attachments: Exhibits A, B, and C Attachments 1 and 2 Letter from Housing Partnership requesting waiver DD:ALLGARCC.DOC ,. HI .,._-_.-..._~._____._____...__ II.... .....-."'.,........~., , \ . , -J i 1 , ILL , I l -- J \, , I - - ~ I : .. I .' 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Rtnr,r:l7[D HtRtCl't ~[t1S TtfE )o!lNll"\UIC nCllMICA!.r ,T/I...tl1.~ts rel\ t.,U"O 6';P.\UZtfG I" T~J: n"u; Or.,LClI'I..'ItA., UT.....t,UY.lD PL'Ull....I<T 1'0 CHAFT!". H 'tilt KV~',\}V,". \.$t~ rQ" .~\l t.'~t:lt.'( \Ik~ IJf. 1.-(.'lt 4,.J rUt uu cr ";'.'t HIIK-' rt.-:.'Il I 0)" 'ANHKUtU..Tl'/L...CO:)[:. . litH ,,It!' or A cnll"r.UU xt~l/"'; 1,'1' '\'tIt (lITUnCTt')lC or ATL4lo'T1C e'! DATE: "y[~r.'[ "lit'! sOt,'TMVtn loa }."t:O\I[, Vt,t:tCIU.t1(,t! D.)', tuv"-:lO~ 2:0-d \JlLL-L''x D. O'CCli~1 1.t.5,,)Kt. HU '. ,,, '10 0 20 I I 15 5 I GRAPHIC SCALE:1"=20' \ i....:::- -r .:~ ':':.. : .....:. ~.:~ .... .. :.....: ~." t 1 b ~t) N8S"?'3''Z3I1E \) ~iw@~~w 0 llJ~tG \Ji\. ~ ~\- ~O.~. \0' UTlLI1"f 'Zt?' ~ot-J A~O UJ ~H€I-IT 0 I HAINT. eAr~l-1EiJT ~.5 0 Iri I I O~ ~ ~ ~\U I I - ~~~ .. ... "::~ .:~\ LOT \8 I I ~ ~~ . . . I I ~.i~ :....... ': I ~ I ~~ ItJ I I ~tL ~ I I 3,0 I -\9 ~ I I 3 () 0 I I i; 1lJ \fI I I \9 :J :2- I ~ uJ N 8e..~~.'l'3'\ts 0 ~ I I :z F L(~T l~- -s.E:. ~e~ t='\..AT ~ . / ALlAI--'\At-.ltlA uA\:2.0~t-J'5 (S) "2'3.. ClC)' }.)o~11-n:p.\.."f ~\.tT'OF,\w"f Ll\Je "> OF ~w. ~~t:I "'~~T ~o.c. \j) E t<.\'-\ l &IT ~\ ell 8 ~ NOTES: ~ 1. THIS IS NOT A SURVEY. - 2. TO BE VALID. COPIES HUST HAVE ORIGINAL SURVEYOR'S SIGNATURE AND EMBOSSED SEAL IMPRINT. - 'Ow ~T~er +- 3~l? I HEREBY CERTIFY THAT THE SKETCH SHO~ HEREOS IS k~ ACCU~~TE OELI~EATION OF THE DESCRIP~ION ATTACHED HERETO k~D IS TRUE CORREct TO Tn~ BEST or MY KNOWLEDGE AND BELIE~. BY: WILLIAM D, O'CO~NOR - QUIT CLAIM fj] JAMES E. NEUHAUS, Inc. I ALLAMANDA G~RDEN~ ~ Consulting Engineers, Surveyors, Planners o II~' V.s. K hwo On. Sull. 120,Polm Beoch Conle"',FL. :n~OB OELRAY BEACH FlOR10A o p'Q. BM ~1~~JoIm li.D<:h CO"*,I,"'- ~!.~20' Tel 40T/&Z2'~ rOl. 'IQT/&n-I'IZB " . ... . The Allamanda Gardens Home Owners Assode tion, Inc. 3111 South Dixie Highway Suite 212 West Palm Beach, Fl. 33405 (407) 659.1201 June 8, 1992 Mr. Jeffrey A. Costello, Planning Technician II City of Defray Beach Planning Department 100 N.W. First Ave. Delray Beach, FL 33444 RE: Allamanda Gardens Dear Mr. Costello: Please accept this letter as formal support from the Allamanda Gardens Homeowners' Association, Inc. for the proposed amendments to the sire plan/landscape plan of the above referenced project. Since the first marketing efforts for this project, the purclHtsers have expressed concerns with the concept of the Access Tracts and the impacts of the~e on security and' the neighborhood. The Housing Partnership agreed, at the request of the homeowners, not to install any of the improvements in these tracts that would identify them as access points into the community for pedestrians. At the January meeting of the Homeowners it was discussed fully and the unanimous decision of the HomeO\l.lners was to eliminate the Access Tracts. \Ve are enclosing a copy {'If the minutes to that meeting. ~ - ~ Since that time have been meeting . formal board and we In membership meetings as well as some informal meetings in the neighborhood. The Association can accurately represent that not one homeowner objects to the proposed amendment to Access Tract #3, or the elimination of the improvements to the Access Tracts and the Tot Lot. l\ 1/ A TTi'1 C 1fr11.ICN r J flfGE / oP t/ - - , . d [H'::,:f3~ Ildl-:'::! 9 i ! S"CH E::':r-1 cb/80/90 '. Please contact me if YOll have any questions. ----- John Corbett President Enclosure ,'- t~ 4 rTftcH-Wl12NI I PItG€- Z OF J-I ,-1-'1-\ :l[H<:::::tll.::i-:":: ::-,: =,-Ci-:" c-:':rT ,:e /1=::0 /~13 '. MINUT~S OF TBE SEJCIAL MEETING OF 'l'BBl A~LAMANpA GARDE~S .aQ!iEOWNE~S ASSOCIATION. INC:. January 9, 1992 Delray COJlU'lluni~y Cent.er, Delray Beach, rlorida Members ~resent: There5a Bo.ttlc Guilbert Jean Baptiste Barbara Bean Jacqueline Braddy Wanda Butl~r Edncr Charl~a Valetti J. Clark Anthony Cleckley Cassandrl:l Davis DorIs Douglas Linda Flowers Janie Flower,:, Suzette Franklin Thomas Caines Sharon Ga5S RutU8 HamIlton Lynonna Hardeman Judy Hope Byron Jones & Greta Hollis Jackie Jones Limuel Leverett Michael Peak Terry Robinson Joyce Taylor Darlene Thomas Albert Willingham Guests Present: william D O'Connor, James E. Neuhaus, Inc. Beverly Ish-Renick, City of Delray Beach, Neighborhood Housings Specialist Dorothy Ellington, Community Development Coordinator, City of Delray Beach. Lula Butler, City of Delray Beach Carmen ChlnSee Housing Partnership Staff Present: ft,TAC/ffYlENf ~" II 1 P1T6~ :3 01=' 'I - -- tOO -:J I H<;,:f=:t Ii ::":':! ,:,t: r ~,-Cl-l QZ:t'T cE,/80 /'?O '. ~ George E. Steele, John Corbett, Rachel ~litmer The meeting was called to order at 7:20 p.m. The fi.r~t item 00 the agenda to be discussed was the proposed Amendment of the Access Tract Easement of the Allamanda Gardens Plat to accorrunodate the location of the house on lot lt16. Mr. Dan 0' Connor, from James E. Neuhaus, rnc. , was present to explain the problem, outline the solution and Qn~wer any questions that ~he homeowners may have. After lengthy discussion, Mr. Albert Willingham made the motion to ilmp.od the plat to remove all access tracts in the Allamanda Gardens development, so as to prevent the possibility of outside traffic coming into the community. The mot1on was secondp.d by Hr. Anthony Cleckly. After a show of hand~, 25 were 1n favor and thp.re were no opposed. Item number two on the ('lgenda was the election of the 1992 Officers/Directors. It was a prime concern of all the members that they were not yet familiar enough with their neighbors to be able to nomintllt,e from within, therefore, Hr. Willingham nominated Mr. Corbett as the President, Mr. Steele as the Vice President, Ms. Witmer as the Secretary/Treasurer, and as the two additional Director~, tots. Ellington of the City of Delray Beach and tot s . Darlene Thoma s , as the representative of the homeowners. t-tr . Cleckley seconded the nomination and it passed unanimou~ly. 3) Discussion of A9sn~tation Management 4) Di~CUBsion of 1992 Budget A- TTftCtfm EN r I..l J I( 2 fl'f6E L/ OF L/ - - 1'~_~'-:_j-::!~~1 _~...J C"'~!TC:,--"....J TC:t'T :~/80/~O '. .... ."... THE ......'- -..-. ...... ,." --.' ?r~.:~':::~<(:~q HOUSING P~U~~E~C~COUN~Y PARTNERSHIP, INC. George Stoele, President, CEO June 16, 1992 Mr. Jeffrey A. Costello, Planning T~chnician II City of Delray Beach Planning Department 100 N.W, 1st Av~nue Delray Beach, Fl. 33444 RE: Allamanda Gardens, Lot Jta Quit Claim Deed Dear Mr. Co~tel1o: Please accept this letter a8 a formal request by the Palm Beach County Housing Partnership, rnc. that t.hfl! City of Dp.lray Beach waive the Plat Amendment requirement for Lot t18, Allamanda Gardens. On the ~dvi~A of our council, Mr. Stuart S. Rosenthal, Esq., this process of amending the plat woulrl rp.q\llre an onerous amount of paper work and cause further delays in construction of thiR home. As you know, we have the unanimous support of the homeownar~ at Allamanda Gardens to expedite t.his process for the benefit of the entire conwunity. Thank you in advance for your ttroe and oRRistance. r::::~ . ,,/"'-/ / .1~l1n Corbett ~ecutlve vice President & ~~~ Chief Operating Officer /r-:-'" . ) r- ,.- ,..":) It ,',/ , ,\:Jj ,:, .) ,-'\ .- " ~4'" -' 3111 South Dixie Highway. Suite 212 . WQst Palm Beach. Florida 33405 . (407) 859.1201 '. II ;. QUII.Cl.l.'M CUO RAMeo FORM 42 fl.)'" (OUOIATlON lhis ti!uit-€taim 1.!)ud, Executed Illis 3rd dayaf June ' A. D. 19 92. by THE PMM BE'J\CH COUNl'Y HOUSING PARTNEHSlIIP, INC, , a Florida corporation, a corporation existing UlICIl'r tll(! laws of Florida . and. having ils principal place af IHlSi"C'ss at 3111 S. Dixie Highway, West Palm Beach, FI. first pady. 10 BRYON D. JONES, a sl.ng1e rran, and GREI'A M. HOLLIS, a single waran, WIID.H> pasloffice address is 200 N. E. 17th Avenue, Boynton Beach, FI. second parly: (Whu~vu uwd h~rt'il\ thf' Il'r",,\ "(int put.," ;\''It ",.r"nd lu,n,," ,ha.1l ilU"ludt "in"'ll", and p\\ltlot. h"ir', ked rrllrrwnlali"t'll. aud auil(lIs ..I illlli~'idu..lI~. :Iud 1I,l' 'II'TC"""O ...lil aY;lIl:nl of C'urpurOl';QUI, \,oo'h,.r"v,,1'" Iht' l'unh'" ,.. allmit\ Of rf'11uirI'Jo.) ~itntssdh, Tlwl tlu' 5(1;(1 (irs' party. for Gud ill cOIuiclt:-rcdioll of ,/l(' sum 0/ $ 10.00 in I,and paid I,y the said second party, the receipt whereof is he,..by acknowledged, does Itel~by r~mise, r~. 1(1C1SC~ (U\([ cluil-claim unto tlH~ saicl seC'ond po.rty {or(ll'('r, oll du! rigl\f. Hilt', in(('r<>sl, .dotm (Hul <[('ftlood wllk/, tile said first patty has in and 10 Ihe follOWing descri/,ed 101, piece or parcel of land, situnle. lying alld I..ing in II", Cnunly u{ Palm l3cach ~IH'" (If Plo~idC\ . fu wit: See Exhibit "A", attached hereto and ffi3.de a part hereof. 10 lHallt and to lHold tile sanw COfj(!tl,,>, will, all and singular the appurtenances thereunto hi'lollUillg or in nnywise appprlaining. onrl 0(( 111(' ('stull'. right, liele. infcresf. lien. equily and cloim what- so...", of II,. saiel firsl party, .itlleT in law or equity, 10 II.. only proper use. benefit and behoof of the said sprOlHI party /orpppr. In Uilntss 1tJhrrrof ,h.. soiel first party Ita. caused II..s. pres. tCORl'ORATt: SE^1.) ('nls 10 I,(, CA"pclJ/(ld in i/.O( namt', and its corporate .seal 10 be hereunto affixed, Ill' ifs propp" office,.s "I(-'r<'wlto duly authorized. tlu! day and year first above wrill('Il. THE PAlM BFACH COUNrY HOUSING PARTNERSHIP, INC, , a Florida corporation By: ....... .............. Sf'ffC'lar)" SigflC'r!. sl'a!N{ CIII "- ../ .. ~ I\~ -=- .?rIi1tN..../2;hi~~()d~:.:?<: ... ( A: ~ /'// P.O, Address: Win '1J~(~rla~i"'6ytii;-:~r STATE OF FLORIDA l COUNTY OF Palm Beach I I ItEREHY C~:H.TI"''' lh;u ,II' Ihi, d~y, ~fctrt' nit, ;111 uffi(;C'r duly ;tu,llllr;ud in lhe- Slatt' ;ul(l Cnunry .rort'~.lIid III ,....... .ckllu...I"Ul(lIlt'nl\, pt'n"Il~Il~' .lIppn,ff'd George S tee le , and William Finley ",'C'H 1.'\1"''' tu lilt' lu llC' tht 1',t,idC'Ht ~Iuj secretary n"Ittni\'d,. ,,( the ctlrp<lcati"n n;lmtJ &'1. (i,'l \'.llll.,: in tht' fUft'll:uin~ Jt't'ct. and that th.t)" u...C'raU,. :lrkl\<.,...IC'd",C'd (,,,,('culit\~ ttu o..&mt ill ,t>.t lHntnce o( t....'(l ~v.tM.c,ibin. ""'111\(""-<<" lnt'!, ~l\(i \.,\l"nu.f1I~ umlff ~Ild\.t(i\y ,a.,ly ;,'\\nl in ,hflll I.y ~i\t ((\rl)o\(iIl\i"n ;""",.1 Ih;\\ ttu \(".1.1 iIll(il,tJ thntlo i.. ,hr IHlt' tU'p"u1h- wa\ of \;Ioi,\ r..ll'nU1;llll * wn~ESS rll~ h;llUi and uHicial $t"al in tht' Cc.unty ~nd 51111," \a)l oIfHruid this ~ ro\. day 01 -:J'" v....... -AiZ-_ .:\ D. 1992.. ~Hejshe. is I?=rsonally kn<!Wll to me OJ:" hi1:~ pr,;.cluced L: c~""s e.. as l.dentl.hcatl.on and dl.djdl.d not ta.\EC u~th, 10.... ,~-(-'-~E>- ~ ibta~ljc, State of Flo aa- ,/,1,,-, IlI.'lfIIl""'11 gnp"ml 1/)': l'ri.nt ~Nan-e: ~GrbClrC\. S-+rQ'1e.J Jane ,Hunst:on, Esq. /tddnJ.r DeSantis, Cook, Gaskill, et. ;:.l. NOTARY PUBLIC SUI! OF FlOR1OA 11891 U.S, Highway One MY CCMMISS10N EXP. APR,30,199S "\ p,..-,lm . .1, 1-'1 <.j<,:-, BONDED THRU GENERAl INS. UNO, A'TTAc\iMeNI i' p(' (l'I\Gf3- ~ OF ~) ,.-..' .. ----. -_...... - ...-. ~..~. -. -. -",- ....-,_..-. - ....-., ...,.... ~ - '-~"" -.,'-. -'. ~" . '---"'- ..... .-.... -. ~"" '. h' - - ~ .' . ." '.- -- -_. ..... . . -... '..- .~.... .. '. . ( ~ , DESCRIPTION OF A PARCEL OF LAND LOCATED IN SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, BEING A PORTION OF ACCESS TRACT 3 AS SHOWN ON THE PL~T OF ALLAMANDA GARDENS AS RECORDED IN PLAT BOOK 64, PAGES 63 AND 64 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, F~ORIDA BEING. M~RE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF. SA I D PLAT OF ALLAMANDA GARDENS, SAID CORNER LOCATED AT THE POINT FORMED BY THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE Of S.W, 3RD STREET (50 FEET WIDE) AND THE WESTERLY RIGHT-Of-WAY LINE OF S. W. 8TH AVENUE (50 FEET WI-DE); THENCE BEAR NORTH 01.26'37" WEST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF S.W, 8TH AVENUE, A DISTANCE OF 270.21 FEET TO THE POINT OF BEGINNING, SAID POINT BEING AT THE NORTHEAST CORNER OF LOT 18 AS SHOWN ON.,SAID PLAT OF ALLAMANDA GARDENS; THENCE SOUTH 88033'23" WEST, ALONG THE.. NORTH LINE OF SAID LOT 18, A DISTANCE OF 100.00 FEET TO A POINT, SAID POINT BEING NORTHWEST CORNER OF SAID LOT 18; THENCE NORTH 01.26'37" WEST, A DISTANCE OF 15,00 FEET TO A POINT; THENCE NORTH 88"33'23" EAST, A DISTANCE OF 100.00 FEET TO A POINT IN THE WESTERLY R I GIIT-OF-v{AY LINE OF S1'.I D S.H. 8TH AVENUE; THENCE SOUTH 01.'26'37" EAST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF S.W, '8TH AVENUE, A DISTANCE OF l~.OO FEET TO THE POINT OF BEGINNING. CONTAINING 1500,00 SQUARE FEET }10RE OR LESS (O.03~ ACRES). BEARINGS ~ ,..,~ B"C:""" ON PLP..T OF :-J.~Lp..J1ANC;. GARDE!~ S I HiTH THE .h..l\.~ .I."'1........L...i~ ~ .:...:.':""" \~ESTERL y RIGHT-Of-HAY LII"iE OF S .1{1, 3TH ;~;l~I\rUE BEAR I I'.IG NORTH 01026'37" WEST. '. I HEREBY CERTIFY THAT THE DESCRIPT.ION HEREON COKPLIES WITH MINIMUM TECHNICALSTANDARnS'PERSUANT TO FLORIDA STATUTES, PiTTA c.. Yd\'\ f-\\I f "(\ ,\ . - '. I CHAPTER 472 ~D AS DEFI~E,~ LNFLORIDA ADMINISTRATIVE CODE 21-HH-6 .,06' '. . \> t\(.,E :'2- d ~ '3 , , , , BY:Ir.-(~~~i)f!)~ ~/Z./9Z- EXHIBIT. A" .- ILLIAM D. O~CONNOR, R.L.S. U4563 DATE . QUIT CLAIM rJ1 JAMES E. NEUHAUS, Inc. ALLAMANbA'G~RDENS . ~ . Consulting Engineers, SUlYeyors, Planners " DELRAv BEACH FLORIDA 01191 U.s. Hi9hwo Doe Sulle 120. Palm Beach Gardens,FL. 33408 o P.o. Box 31685}olm aeoch Gordens,FL, 33420' Tel 407/622-1300 Fo"- 407/622,1428 .-~_.__.- "- -, -----......- '. - JOINDER AND CONSENT (EXAMPLE--copies of Joinder and Consents signed by all homeowners are on file in Planning and Zoning Dept.) The undersigned Owner(s) of Lot 7, ALLAMANDA GARDENS, as recorded in Plat Book 64, Pages 63 through 64, Public Records of Palm Beach County, Florida, hereby join(s) in and consent(s) to that certain Quitclaim Deed from THE PALM BEACH COUNTY HOUSING PARTNERSHIP, INC. , a Florida corporation, to BRYON D. JONES, a single man, and GRETA M. HOLLIS, a single woman, to which this Joinder and Consent is attached and made a part thereof to evidence the release and extinguishment of any right, title, and interest of the undersigned in the real property described in Exhibit "A". Witnesses: :/ld1:J?d'f& x? 46 Casandra R. Davis Edu:lrd L- Davie STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this ~,,~ day of Y'V'\.. G ~ ,1992, by Casandra R. Davis and Ed\lard-r:;:- Davis, who are rsonally known to me ex: \lR6 ha,.,c ~roduced ~ a~ idcntificatiefl and who did/did not take an oath. ~ ..~,d...O-.-~~ Se:x~4_-' _. No~ary Publ J.c~tat~ or: I?lor idb . My Commission Expires: Prlnted Name: ~ arbc~r~- ~-+~...:.,<.:-...r NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. APR.30, 1995 BONDED THRU GENERAL INS. UNO. AT\ 1\(\H'I\~P\r'" ~ \1\ P ALF-- ~S o~ S ._-- '. " . ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: (]P'CITY MANAGER SUBJECT: AGENDA ITEM i 'IF - MEETING OF JUNE 23. 1992 REOUEST FOR FUNDING/FLORIDA SUNSHINE STATE GAMES DATE: June 19, 1992 We have received a request for funding in the amount of $1,000 to support the Florida Sunshine State Games. This event is being held at the Aquacrest Pool Facility from July 10th through 13th and involves an estimated 700 to 1,000 swimmers. Volunteer parents, officials from the Florida Gold Coast Swimming Association, and the' Palm Beach County Parks and Recreation Department have run meets at this complex for the past 13 years. Generally, costs for these activities would be paid from advertisements, donations from the community and from revenue generated by the meet itself. However, because of time constraints there is no time to canvass the communi ty for donations. Therefore, this request is before the Commission for consideration. The event was originally scheduled to be held at Mission Bay. The funding would be used to purchase awards, time-keeping watches, appropriate shade tarps and frames, concession and hospitality supplies and other pool equipment not supplied by the County. Funding is available in the City Manager's Contingency Account. The Sports Authority has been contacted to determine if they could assist in funding. Due to the fact that they have already contibuted $75,000 to these games, they are unable to fund this $1,000 request. Recommend consideration of a request for funding in the amount of $1,000 to support the Florida Sunshine State Games with funding from the City Manager's Contingency Account. ~ 6-0 " ,.. '. " / \ MEMORANDUM TO: Robert Acting FROM: SUBJECT: Florida Sunshine State Games Donation DATE: June 18, 1992 The Aquacrest Pool Facility adjacent to Atlantic High School will be the site of the 1992 Florida Sunshine State Games Swimming Competition on July lath through July 13th (four-day meet) involving an estimated 700 to 1,000 swimmers. This site was unexpected for this meet as it was originally planned for the Mission Bay complex in Boca Raton. Volunteer parents and officials of the Florida Gold Coast Swimming Association, in concert with the Palm Beach County Parks and Recreation Department, have run meets at this complex for the past 13 years which has established itself as one of the best sites in South Florida for well-run swim meet competitions. As a certified official/referee/starter of this Swimming Association for the past 10 years, I have seen several swimmers in the program begin their careers at ages 5 to 10 and achieve scholarships and swim throughout their college years. They are well-disciplined individuals who take pride in their academic achievements as well as their sport. This sport has produced quality individuals who are the pride of this community. Running a meet this large, considering the short timeframe allowed to prepare for the meet, involves costs that would normally be met with paid advertisements and donations from the community as well as proceeds from the meet itself. In this case, there is simply no time to canvas the community for donations since we must plan for the meet itself and prepare the facility and the equipment. We must order team and individual awards (plaques, medals, ribbons, etc.), order time-keeping watches, appropriate shade tarps and frames, concession and hospitality supplies, and other pool equipment not supplied by the County. Heat sheets for over 50 teams and parents of these swimmers must be printed for each day of the meet. Finally, we must coordinate volunteer timers, officials, computer operators, results personnel, and hospitality personnel for a four-day meet that involves preliminary competition during the day and final events held each evening. This is no small undertaking! The County is providing the facility itself and staff personnel to assist in preparing the site and will assist in cleaning the site after the meet. The County will be asking the City's Parks and Recreation Department to assist in providing temporary equipment needs (bleachers, tables, chairs). The volunteer parents will be responsible for the meet itself. ,. Pi For the first time, on behalf of the Florida Gold Coast Swimming Association, I would ask the City of Delray Beach to provide a $1,000 donation to defray the cost of the team and individual awards, meet equipment and supplies, printing costs, and hospitality supplies. On behalf of the Aquacrest Pool staff, the Florida Gold Coast Officials Association and the volunteer parent corps, I would thank you for your consideration of this request. JMS/sam cc: Joe Weldon, Director of Parks and Recreation " ,,, . ~~f:~L;' ~l;;~~ SUNSHINE STATE GAMES SWIMMING INFORMATION JULY 10 --13, 1992 THE 10 & UNDER AND 11 - 12 EVENTS PRELIMINARIES WILL BE HELD AT THE WELLINGTON CLUB POOL ON SATURDAY--SUNDAY--MONDAY THE 13 - 14. 15 - 16 AND SENIOR EVENTS PRELIMINARIES WILL BE HELD AT THE AQUA CREST POOL ON SA TURDA Y --SUNDAY --MONDAY FRIDA Y'S TIMED FINAL EVENTS WILL BE HELD AT THE WELLINGTON CLUB POOL CHAMPIONSHIP FINALS FOR ALL AGE GROUPS AND SENIORS WILL BE HELD A T AQUA CREST POOL '. '." FLORIDA SUNSHINE STA TE GAMES SWIMMING JUL Y 10 - 13, 1992 50 METER AGE GROOP AND SENIOR SANCTIONED BY: Florida Gold Coa.<;t Swimming. SPONSORED BY: Office of the Governor Florida Gold Coast Swimming & Rorida Swimming of USS HOSTED BY: Aqua Crest Swim Club and the Wellington Swim Club, TYPE OF MEET: 50 meter Long Course, Age Group and Senior. Timed Finals 800. 1500 meter free and Relays. Preliminaries and Championship Finals only all other events. LOCA TION: 10 & Under and 11-12 prelims 13-14. 15-16 and Senior prelims (Friday -All Timed Final Events) (Sat., Sun" & Mon. All Finals) The Wellington Club Aqua Crest Pool 12165 W. Forest Hill Blvd. 2503 Seacrest Blvd. West Palm Beach, Rorida 33414 Delray Beach, Rorida 3344-+ DA TE & TIME: AQUA CREST POOL Saturday, July 11 & Sunday, July 12 - - Prelims: 9:00 AM. & Finals: 6:00 PM, Monday, July 13 - Prelims: 9:00 AM & Finals: 5:00 PM. THE WELLINGTON CLUB Friday, July 10, 1992 - - Timed Finals: 3:00 PM Saturday, July 11 - Sunday, July 12 - Monday, July 13 - - Prelims - 9:00 AL\1 POOL Both - Certified 50 meter outdoor pools, non-turbulent lane lines, eight lanes. SPECIFICA nONS: Separate diving well available for warm-up and warm-down. WARM-UP: Wellington Club - - 1:30 PM Friday; 7:30 AM Saturday, Sunday and Monday, Aqua Crest Pool - - Saturday & Sunday - 7:30 AM & 4:30 PM. Monday - 7:30 AM & 3:30 PM. ELIGmILITY: Open to all swimmers who are USS registered with either Rorida Gold Coast Swimming, Horida Swimming, or reside in the Horida Pan Handle and are USS registered. SWIMMERS MUST HA VE ACHIEVED the listed long course qualifying time in each event entered. SEEDING: 50 meter times ONLY will be used for seeding purposes. ., \' ..._-~.-- ENTRY LIMIT: Each swimmer may enter a total of nine (9) events for the meet. no more -than three (3) in a day. Those over entered will be considered entered in the fIrst nine (9) events or the frrst three (3) in a day. ADMISSION: $2.00 - ADULTS, CHILDREN - FREE. HEAT SHEETS - $1.00 per session, RULES: 1992 Swimming Rules and Regulations will govern. ENTRIES: Submit the enclosed MASTER ENTRY FORM--DUPLICA TE IF MORE SP ACE IS NEEDED as this is the ONL Y acceptable Entry Form. BE SURE AND USE THE CORRECT FORM FOR EACH AGE GROUP. Current USS registration number and age must be on the Master Entry Form. RELAY EVENTS: Times for each entered relay must be submitted on the Master Entry Form. All entry forms must be signed. RELA Y SWIMMERS MUST BE LISTED ON THE MASTER ENTRY FORM. TEAMS MUST HAVE A MINIMUM OF TWO (2) SWIMMERS QUALIFIED IN AN INDIVIDUAL EVENT IN THAT AGE GROUP IN ORDER TO ENTER A RELAY TEAM. SCRA TCRES: No penalty for scratching on the block in the morning prelims with the EXCEPTION OF THE DECK SEEDED EVENTS. Any swimmer entered in an individual event that is seeded at the meet. in whole or in part, who has checked in for that event. must swim the event unless he notifIes the Clerk of Course before the seeding for that event has begun that he wishes to scratch. Failure to do so will result in his being barred from the next individual event in which he is entered on that day or the next meet day. whichever is first Deck seeded events shall be closed for seeding thirty (30) minutes prior to the start of the event FINALS: Any swimmer who competes in a preliminary heat and fails to notify the Referee that he/she may withdraw from the ftnals within 30 minutes after the announcement of the qualifiers for that event and further fails to declare his final intention within 30 minutes following hislher last individual preliminary event will be barred from all subsequent competition during the meet. except that in the event of illness or injury and upon cer- tification of the meet doctor, no penalty will be declared, ENTRY FEES: $2.00 per individual event, $4.00 per relay. SCORING: INDIVIDUAL: 9 - 7 - 6 - 5 - 4 - 3 - 2 - 1. RELAYS: 18 - 14 - 12 - 10 - 8 - 6 - 4 - 2. NO POINTS will be awarded for any entry not achieving the qualifying time. Times may be achieved in either prelims or fInals. ALL finals include top 8 ONLY, IN AGE GROUP AND SENIOR EVENTS, ., ""..~ -. A WARDS: INDIVIDUAL: Medals 1st - 3rd Place; ribbons 4th - 8th. RELAYS: Medals 1st - 3rd Place. PLAQUES: 15 Plaques to be awarded as follows: a One to each high point individual per age group. b, 1st-5th Place combined male and female tearn. ENTRY DEADLINE: All entries must be RECEIVED BY FRIDAY. .JULY 3. 1992, AT 5:00 PM. NO LATE AND NO TELEPHONE EN1RIES. Send EXPRESS MAIL to: AQUA CREST SWIM CLUB Enclose entry fee check, Attn: GREGG TYE made payable to: 2503 Seacrest Blvd. SEAHA WK BOOSTERS Delray Beach, Florida 33444 INFO MIA nON: Dick Cavanah, State Director (407) 626-4346, DIRECTIONS TO POOLS WELLINGTON POOL 1-95 ' Take Forest Hill exit. Go west approx. 8-10 miles, Take left just past Publix at the Wellington Sign, TURNPIKE - Take Okeechobee Blvd. exit Go west appro x 3-4 miles to SR 7 (441). Turn left and go south to Forest Hill Blvd. (just past Regional Hosp.), then go west and take left just past Publix at the Wellington Sign. AOUA CREST POOL 1-95 - Take Woolbright Road exit Go east 1/4 mile to Seacrest Blvd. Turn south (right) on Seacrest. Go south 1 1/2 miles to Aqua Crest (on left). TURNPIKE . Take Atlantic Ave. exit. Go east to NE 2nd Ave. Go north (left) approx, 1 1/2 miles, pool on your right '. h' 1992 SUNSffiNE STATE GAMES ORDER OF EVENTS (FINALS WILL BE SWUM IN THE CORRECT NUMBER ORDER) GIRLS BOYS ENENT # AGE EVENT LC METER LC tvlETER FRIDA Y..TUL Y 10, 1992 - TIMED FINALS - 3:00 PM (WELLINGTON POOL) 1-2 13-14 800 Freestyle * 10:48.69 10:31.39 3-4 15-16 800 Freestyle * 10:41.89 10:04,59 )-6 SENIOR 800 Freestyle * 10:36,69 9:59.09 7-8 11-12 400 Freestyle * 5:32.39 5:30.89 SA TURDA Y. .JUL Y 11. 1992 - - PRELIMINARIES 9:00 AM I FINALS 6:00 PM (AQUA CREST) 15-16 13-14 50 Freestyle 33,09 30,69 17-18 15-16 50 Freestyle 32,39 29.59 19-20 SENIOR 50 Freestyle '1,2.59 28.69 25-26 13-14 200 Individual Medley 2:48,09 2:38.79 27-28 15-16 200 Individual Medley 2:42.99 2:31.09 29- 30 SENIOR 200 Individual Medley 2:42.69 2:27.89 35-36 13-14 200 Free Relay ** 37-38 SENIOR 200 Free Relay ** 43-44 13-14 200 Breaststroke 3: 15,69 3:06.99 45-46 15-16 200 Breaststroke 3:12.29 2:54.39 4 7 -48 SENIOR 200 Breaststroke ~: 10.69 2:"2 79 49-50 13-14 400 Freestyle 5:03.49 4:53.49 51-52 15-16 400 Freestyle 4:59,99 4:41.09 53-54 SENIOR 400 Freestyle 4:56.49 4:37.39 SA TURDA Y. JULY 11. 1992 - - PRELIMS 9:00 AM (WELLINGTON) I FINALS 6:00 PM (AQUA CREST) 11-12 10- U n 50 Freestyle 38.99 38.49 1 'J,-14 11-12 50 Freestyle 3'J,.99 ~'l,,09 21-22 to- U n 200 individual Medley 3:35.29 3:31.79 23-24 11-12 200 Individual Medley 3:03.59 3:00.89 31-32 to- Un 200 Free Relay ** 33-34 11-12 200 Free Relay ** 39-40 10- U n 100 Breaststroke 1:55,99 1 :52.89 41-42 11-12 100 Breaststroke 1 :35,69 1:34.69 SUNDA Y, .TUL Y 12. 1992 - - PRELIMINARIES 9:00 AM / FINALS 6:00 PM (AQUA CREST) 59-60 13-14 200 Freestyle 2:26,29 2:19.99 61-62 15-16 200 Freestyle 2:23,19 2: 13.49 6'1,-64- SENIOR 200 Freestyle 2:22.99 2: 11.49 69- 70 13-14 100 Butterfly 1 : 17.79 1: 13.29 71-72 15-16 100 Butterfly 1:16.19 1:09.39 7'1,-74 SENIOR 100 Butterfly 1: 15.29 1 :07.29 79-80 13-14 200 Backstroke 2:53.59 .2:45,79 81-82 15-16 200 Backstroke 2:49.59 2:34,89 8':\-84 SENIOR 200 Backstroke 2:47 ':\9 2:':\3.19 89-90 13-14 100 Breaststroke 1:30,29 1:25.69 91-92 15- 16 100 Breaststroke 1 :30,09 1:20.79 9'1,-94 SENIOR I 00 Breaststroke 1:29.09 1:19.09 95-96 13-14 400 Individual Medley 5:53,49 5:36.69 97 -98 15-16 400 Individual Medley 5:45.59 5:21.09 99-100 SENIOR 400 Individual Medley 5:42,09 5: 13.99 '. ,'., ... . EVENT # AGE EVENT LC METERS LC METERS GIRLS BOYS SUNDA Y..fiJL Y 12, 1992 - - PRELIMS 9:00 AM (WELLINGTON) I FINALS 6:00 PM (AOUA CREST) 55-56 lO-UN 200 Freestyle 3:12.49 3:01.19 57-58 11-12 200 Freestyle 2:46,29 2:4~.59 65-66 10- UN 50 Bunerfly 45,79 43,99 67-68 11-12 50 Bunerfly ~8.59 ~8.59 75-76 IO-UN 100 Backstroke 1:44.39 1 :41.19 77-78 11-12 I 00 Backstroke I :~2,09 1:~O,19 85-86 lo-UN 50 Breaststroke 52,69 51.99 87-88 11-12 50 Breaststroke 45.39 45.49 MONDA Y. .JULY 13. 1992 - - PRELIMINARIES 9:00 AM I FINALS 5:00 PM (AQUA CREST) 105-106 13-14 100 Freestyle 1 :08,39 1 :04.49 107-108 15-16 100 Freestyle 1:07.39 1:01.69 109-110 SENIOR 100 Freestyle I :06.29 I :00. W 115-116 13-14 200 B unerfl y 2:49,59 2:42.29 117-118 15-16 200 Bunerfly 2:45,39 2:33.69 119-120 SENIOR 200 Bunerfly 2:42.39 2:29.49 125-126 13-14 100 Backstroke 1 : 21. 29 1:16,89 127-128 15-16 100 Backstroke 1: 19.29 1: 12.79 129-130 SENIOR 100 Backstroke 1:18,79 1:11.09 135-136 13-14 200 Medley Relay * * 137-138 SENIOR 200 Medley Relay ** 139-140 13-14 1500 Freestyle *** 19:48.19 19:23.79 141-142 15-16 1500 Freestyle *** 19:37,29 18:34.49 143-144 SENIOR 1500 Freestyle *** 19:26.39 18: 13,29 MONDA Y..TUL Y 13. 1992 - - PRELIMS 9:00 AM (WELLINGTON) I FINALS 5:00 PM (AQUA CREST) 101-102 10- UN 100 Freestyle 1 :28,39 1 :25,89 1O~- 1 04 11-12 1 00 Freestyle 1: l7.49 1:15.19 111-112 lO-UN 100 Bunerfly 1 :47.49 1 :45.59 113-114 11-12 100 Butterfly 1:28,29 1:27,29 121-122 lo-UN 50 Backstroke 47.49 47.49 123-124 11-12 50 Backstroke 41.49 41.19 131-132 10-UN 200 Medley Relay ** 133-134 11-12 200 Medley Relay * * * Events #1 - 8 will be deck seeded. Swimmers must check in by 2:30 PM on Friday July 10, to be seeded. Swum by age group, fastest to slowest. Timed final event. ** Timed final event in the preliminaries. All relays must have a minimum of 1WO (2) swimmers qualified in an individual event in that age group, *** 1500 Freewill be deck seeded. Swimmers must check in by 9:30 AM, Monday, July 13, to be seeded. Swum by age group fastest to slowest Timed Final in the Preliminaries. TIIERE WILL BE A 5 MINUTE BREAK AFTER TIlE SENIOR 200 MEDLEY RELAYS, '. ." , MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: \!IcITY MANAGER SUBJECT: AGENDA ITEM i q G- - MEETING OF JUNE 23. 1992 LAKE IDA ROAD DESIGN MODIFICATION DATE: June 19, 1992 This item is before you to provide direction with regard to a design modification to Lake Ida Road in conjunction with the proposed widening project. The Lake Ida widening project, between S. E . 2nd Avenue and 1-95, is scheduled for FY 92/93. Design plans have been completed and are essentially ready for bid. In response to inquires, the City reviewed the design plans to see if landscape medians could be installed in place of the proposed fifth center/turning lane which does not have practical value. In order to accommodate this proposed change the following items need to be considered: -The cost to redesign this project is approximate $30,OOOj which the County will not absorb. -Obtaining right-of-way from Isles of Delray. The owner is receptive, provided that there is not out-of-pocket costs to him. -Obtaining right-of-way from single family lots, north of Lake Ida Road. -Installation of irrigation and landscaping. Funding is available in the Decade of Excellence Bond Issue. -Construction delays due to design modifications. Staff has recommended that should the Commission decide to proceed with the redesign, it should be with the caveat that if difficulties arise with property owners with regard to obtaining rights-of-way and arrangements for rights-of-way are not firm within 60 days, that the affected portion of the project should be dropped. A detailed staff report is attached as backup material for this item. (]~- ~ Q.jj) 4 ~ J ~ F &x:fI- ~ I JAjJ, &V ~ & ~ ~ -- on VU- ~ YiJ~ V1L~~I~'f~ ~fYlfJj~jy ~ an &.ud;; /J~~. pI~- '. . .. " . C I T Y COM MIS S ION DOC U MEN TAT ION TO: T. HARDEN, CITY MANAGER ~~ FROM: J. KOVACS,~R DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 23, 1992 ACCOMMODATION OF LANDSCAPE MEDIANS IN THE LAKE IDA ROAD IMPROVEMENT PROGRAM, EAST OF CONGRESS AVENUE ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of providing direction regarding a potential change to the design plans f or Lake Ida Road by accommodating landscape medians. The project is the widening of Lake Ida Road from Congress Avenue to S.E. 2nd Avenue (Pineapple Grove way). The area impacted by potential landscape medians is generally between 1-95 and the Boy Scout Hut. BACKGROUND: The Lake Ida Road widening project is scheduled for FY 92/93 (next year) with an early construction start. Design plans have been completed and are essentially ready for bid. In response to inquiries, the City again viewed the design plans to see if landscape medians could be installed where a fifth (center/turning) lane does not have practical value. We have determined that while there is such a possibility, the following obstacles would need to be overcome: * cost for redesign (estimate in the range of $30,000); * obtaining additional right-of-way along the easterly portion of (former) Isles of Delray; * obtaining additional right-of-way along single family homes which backlot along the north side of Lake Ida Road, between 8th Avenue (extended north) and the Boy Scout Hut property; * costs for installation of landscaping and irrigation; * potential for delay in the construction date. Cost for Redesign: This cost is estimated to be in the range of $30,000 and will not be absorbed by the County. Cash flow exists for this amount. '. . City Commission Documentation Accommodation of Landscape Medians in the Lake Ida Road Imrpovement Program, East of Congress Avenue Page 2 Obtaining right-of-way from (former) Isles of Delray: The property owner is receptive to assisting in this endeavor, provided that there is no out-of-pocket cost to him and a few other considerations. These include: * design and construction of an eastbound, left turn lane at 10th Avenue -- This is appropriate and can be accommodated at no additional cost to the City given the other changes being contemplated. * design and construction of a westbound, right turn lane at 10th Avenue -- There may be an additional cost imposed by the County for "early" construction, since it is contrary to their policies to construct such lanes for future development. On a unit cost basis, we anticipate a $3,000 to $5,000 obligation unless the County agrees that there are other cost savings which wash-out this item. * that the City prepare the survey, legal description, deed, and all costs associated with quit-claiming the desired additional right-of-way. While City staff can be used for some items, it will be appropriate to use the surveyor of record at an approximate cost of $4,000 to $7,000. * that the City pursue and obtain abandonment of the excess right-of-way along the west side of the Isles of Delray. This includes legal and survey costs in additional to processing (possibly through the County). City hard costs at approximately $ 1,500. Obtaining Right-of-Way from Single Family Lots, north of Lake Ida Road: Property owners in this general area have been concerned about the condition of the concrete wall which presently exists there. There is a general desire to have a new wall, eight feet in height, constructed. Representatives from the Lake Ida Homeowners Association feel that right-of-way from all - but one - of the lots can be easily obtained. The other lot is in the processes of being sold. Also, they would like to have a new wall installed concurrent with the road work. While the Association may be able to pay for construction of the wall, it may be incumbent upon the City to obtain the right-of-way and prepare the construction documents. Installation of Irrigation and Landscaping: Lake Ida Road landscaping was initially a 1987 Utility Tax Bond item but due to conflict with road widening, it was reassigned to the Decade of Excellence program. The Decade of Excellence allocation is approximately $143,000. Estimates for actual installation are not available in that a design has not been done. City Commission Documentation Accommodation of Landscape Medians in the Lake Ida Road Imrpovement Program, East of Congress Avenue Page 3 Potential Delay in Construction: While there is discussion at the County (BOCC) about deferring certain road projects in order to achieve budget savings for next fiscal year, the Lake Ida Road project is still scheduled. If we proceed with a request for redesign, the construction date will be delayed but not abandoned. This situation could change if our request unduly delays the project. DIRECTION FROM THE COMMISSION: Given the above obstacles and the manner in which they can be overcome, direction is sought from the City Commission as to how the Administration should proceed. If we do proceed, individual cost items will be brought before the Commission pursuant to established practices. It is recommended that if a decision to proceed is made, that it carry a caveat that if difficulties arise with property owners (regarding obtaining right-of-way) and arrangements for right-of-way are not firm within sixty (60) days, that the affected portion of the project be dropped. RECOMMENDED ACTION: Commission discretion. , Attachment: * Schematics Showing Location of Landscape Medians DJK/CCWIDEN.DOC '. ~m 1'1 I I I I I to",\l'lte~ ~ I ~\lE \ . . ~ (-. I I I 1/ ~ . ~ . z !) I y I I ~ t I I ~ \~ i I E. \ " I /It " I I \ f ~ 3 I ~ ~I \~ ; ~ 'll.. I I I~ ~ I I . c.,......"" . I ,," ~ ~ I ~ \ ~ I I I I "? : I ~ I ~ I !l I ' ~ ~ I~ i ~ I i ~ I " I [ \ " I r I ~ : I I e,ool>lP 1\,\ \ I I 1;;1:>.;<<0- ~ : ~ ,C\~ I I I ' I .21 I , I I , I ~ ~'\~ ~ I ~ \ I I l I .,-/ --r liS" \ ~j!:llOl-It> I O~ "t',,,,~ ~ I ~ I , I I r ,~ I I I I , I \ I I ,i I ' r I I g I I ! I I -~j ~ I I , I tp \ fT I , \ r I I I I ~~\ I . I I I \ I I I I I I, 12~ I II? '.'\ ~ IZ~ '::o7"A. ,~ I I I J I I ~ /l1 ~ ~ I 1 \~ I , I I ~ : il --1 ~IJIoOC [ I~' 3 'Zct I I I ~ I I I I n , I 1> : z \ I l ~ I I ~ I I I \: j ~ ~ I \ E I I l 4 I Izs- 1'3,' \ ~ I I I I I . I I \ I tt. I I I I ~ I 1 f. ~ 1 '. ~ I e \ I 'Zl.: \ ,~ (\ I I Jij " l!,z I I J I \ ~ I I ~ ~t~ \ \ I ~ \ I f -=- '!.. I G I If. !! I Ii , ~ -----.... \ \ \ '-% \ "'- 'l.7 ~ "'\ I I \ \ , , , , , I I ~ ~ \ \ ~ ~ , t 1 I 1 I I \ " E \ [~ z, I I I ~ \ \ I \ "3 I \ ~ , I \ \ I ~ \ \ ; \ \ \ 1Zl"J 1?5 R> 'If I., . ~ ~I I I \ ,... .... \ l \ \ I \ \ I \ , \ \ I \ r ,~ ~ tT\ , \ I \ I Ioo\'l...' It I \ , I \ ~ \~ ~ I ' w I 1 I I \ ! I I I I I J ""~, I 11.7 : I , I l I I I I I I \ I \ I \ I I I , m I I I ~ . I '" I ~ I I ~ I I i ~ \ \ I I ~ I I I I \ I <4<4 ~ 'la " f E \ 41 \ I ~ I I I : \ t \ I I \ \ \ I \ . , I I"'lS I \ . z ~ '~ ~ I ~ I , I I \ I \ l ' I Q} I . , '!!.. ~ f, r; \ I I I I t t ~ _~~ I . J~ , ~ it i ~ \ \i tai ---- I I , I ~ \. " : .J f "J I ~ I 1:: ~~ E . : ~ 0 - ~, I Ii' /,/ ~ ~ , (iJ ~ a ., n f) \ ! (>1 ~ . l" oS3 \ \ . \ -::.Tt:. 1-'\1 I I I \ 3 I [ ':} I , I t C I I ~ \ 15<\ I 14i I I \ It! I I I I , Y I , , I . I I~ " I I I I >f ~s ;1 I I I , I (' ~<=t I I I ~ ~ I i I +- } , I ' ' , I , J I .('t. !!. I ~ I I ~ I t E I ~ fl '~I I , I i I I I ISo d I t I 3 ' I , I ~ I . ~ I t ~ c I I I ~ I ~ ~ I IS, I ,i I 1'1 I I / ;:l , [ , ,,) I I 1 f I l I I E '" I , 1 I I I _I 1 1\ n II Ii IS'} \ I~~ @"j ., " .' . MEMORANDUM TO: City Commission / THRU: Susan OlBrien, Deputy City Clerk FROM: Anita Barba, Board Secretary SUBJECT: VACANCIES ON THE CIVIL SERVICE BOARD DATE: June 18, 1992 There is an existing vacancy for an alternate on the Civil Service Board with a past expiration date of July 1, 1991. In addition, there will be two (2) vacancies for regular members whose terms will end on June 26, 1992 and June 30, 1992. All terms are for two (2) years. Mr. Wiener, a regular member, is not eligible for reappointment since he has served two (2) full two-year terms. Mr. Henninger is eligible for reappointment but does not wish to be considered. According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Board; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise, and appointed by the City Commission. In addition, the Act provides for two (2) alternate members to the Board. A person need not be a resident, property owner or business owner within the City. The following have expressed an interest in appointment and have submitted their applications and resumes for consideration: Donald Allgrove Sally Antonelli Helen M. Bartholomew James L. "Pete" Bowen Wilbur V. Chaney David I. Cohen Robert P. Ferrell Herbert Freese Melvin Hirth Murray Kalish Arthur King Leo Koppman Rosalind Murray Milford Ross Murray Sohmer Horace Waldman Donald Zimmerman Pursuant to Commission direction, a check for code violations and property liens has been conducted. According to City records, non of the applicants has any outstanding violations. Based upon the rotation system, the appointment for the alternate will be made by Mayor Thomas Lynch (Seat #5), and the two (2) regular member appointments will be made by Commissioner Armand Mouw (Seat #1) and Commissioner Jay Alperin (Seat #2), respectively. sst.txt q~ '. ," . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # qS- - MEETING OF JUNE 23. 1992 LAKE IDA ROAD DESIGN MODIFICATION DATE: June 19, 1992 This item is before you to provide direction with regard to a design modification to Lake Ida Road in conjunction with the proposed widening project. The Lake Ida widening project, between S.E. 2nd Avenue and 1-95, is scheduled for FY 92/93. Design plans have been completed and are essentially ready for bid. In response to inquires, the City reviewed the design plans to see if landscape medians could be installed in place of the proposed fifth center/turning lane which does not have practical value, In order to accommodate this proposed change the following items need to be considered: -The cost to redesign this project is approximate $30,000; which the County will not absorb. -Obtaining right-of-way from Isles of Delray. The owner is receptive, provided that there is not out-of-pocket costs to him. -Obtaining right-of-way from single family lots, north of Lake Ida Road. -Installation of irrigation and landscaping. Funding is available in the Decade of Excellence Bond Issue. -Construction delays due to design modifications. Staff has recommended that should the Commission decide to proceed with the redesign, it should be with the caveat that if difficulties arise with property owners with regard to obtaining rights-of-way and arrangements for rights-of-way are not firm within 60 days, that the affected portion of the project should be dropped. A detailed staff report is attached as backup material for this item. C~- ~ QA,J &; ~ j ootrwn ~ (!005/- ~ I fiJjJ, QA) ~ 6,- ~~ - on YU- ~#,~ WL ~ ~'of <j~ ~ P;C97~)y ~ on ~ /l~~.jY!~- '. ~ ... . C I T Y COM MIS S ION DOC U MEN TAT ION TO: D T. HARDEN, CITY MANAGER ~~ FROM: J. KOVACS,~R DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 23, 1992 ACCOMMODATION OF LANDSCAPE MEDIANS IN THE LAKE IDA ROAD IMPROVEMENT PROGRAM, EAST OF CONGRESS AVENUE ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of providing direction regarding a potential change to the design plans f or Lake Ida Road by accommodating landscape medians. The project is the widening of Lake Ida Road from Congress Avenue to S.E. 2nd Avenue (Pineapple Grove Way). The area impacted by potential landscape medians is generally between 1-95 and the Boy Scout Hut. BACKGROUND: The Lake Ida Road widening project is scheduled for FY 92/93 (next year) with an early construction start. Design plans have been completed and are essentially ready for bid. In response to inquiries, the City again viewed the design plans to see if landscape medians could be installed where a fifth (center/turning) lane does not have practical value. We have determined that while there is such a possibility, the following obstacles would need to be overcome: * cost for redesign (estimate in the range of $30,000); * obtaining additional right-of-way along the easterly portion of (former) Isles of Delray; * obtaining additional right-of-way along single family homes which backlot along the north side of Lake Ida Road, between 8th Avenue (extended north) and the Boy Scout Hut property; * costs for installation of landscaping and irrigation; * potential for delay in the construction date. Cost for Redesign: This cost is estimated to be in the range of $30,000 and will not be absorbed by the County. Cash flow exists for this amount. ., city Commission Documentation Accommodation of Landscape Medians in the Lake Ida Road Imrpovement Program, East of Congress Avenue Page 2 Obtaining right-of-way from (former) Isles of Delray: The property owner is receptive to assisting in this endeavor, provided that there is no out-of-pocket cost to him and a few other considerations. These include: * design and construction of an eastbound, left turn lane at 10th Avenue -- This is appropriate and can be accommodated at no additional cost to the City given the other changes being contemplated. * design and construction of a westbound, right turn lane at 10th Avenue -- There may be an additional cost imposed by the County for "early" construction, since it is contrary to their policies to construct such lanes for future development. On a unit cost basis, we anticipate a $3,000 to $5,000 obligation unless the County agrees that there are other cost savings which wash-out this item. * that the City prepare the survey, legal description, deed, and all costs associated with quit-claiming the desired additional right-of-way. While City staff can be used for some items, it will be appropriate to use the surveyor of record at an approximate cost of $4,000 to $7,000. * that the City pursue and obtain abandonment of the excess right-of-way along the west side of the Isles of Delray. This includes legal and survey costs in additional to processing (possibly through the County). City hard costs at approximately $ 1,500. Obtaining Right-of-Way from Single Family Lots, north of Lake Ida Road: Property owners in this general area have been concerned about the condition of the concrete wall which presently exists there. There is a general desire to have a new wall, eight feet in height, constructed. Representatives from the Lake Ida Homeowners Association feel that right-of-way from all - but one - of the lots can be easily obtained. The other lot is in the processes of being sold. Also, they would like to have a new wall installed concurrent with the road work. While the Association may be able to pay for construction of the wall, it may be incumbent upon the City to obtain the right-of-way and prepare the construction documents. Installation of Irrigation and Landscaping: Lake Ida Road landscaping was initially a 1987 Utility Tax Bond item but due to conflict with road widening, it was reassigned to the Decade of Excellence program. The Decade of Excellence allocation is approximately $143,000. Estimates for actual installation are not available in that a design has not been done. City Commission Documentation Accommodation of Landscape Medians in the Lake Ida Road Imrpovement Program, East of Congress Avenue Page 3 Potential Delay in Construction: While there is discussion at the County (BOCC) about deferring certain road projects in order to achieve budget savings for next fiscal year, the Lake Ida Road project is still scheduled. If we proceed with a request for redesign, the construction date will be delayed but not abandoned. This situation could change if our request unduly delays the project. DIRECTION FROM THE COMMISSION: Given the above obstacles and the manner in which they can be overcome, direction is sought from the City Commission as to how the Administration should proceed. If we do proceed, individual cost items will be brought before the Commission pursuant to established practices. It is recommended that if a decision to proceed is made, that it carry a caveat that if difficulties arise with property owners (regarding obtaining right-of-way) and arrangements for right-of-way are not firm within sixty (60) days, that the affected portion of the project be dropped. RECOMMENDED ACTION: Commission discretion. I Attachment: * Schematics Showing Location of Landscape Medians DJK/CCWIDEN.DOC .. I ~otJ~~ ";,Tl'l. ''1 I I I ~IJG \ I I I ~ I 1 ~ t~ I I \ ii\ I ~ \~ : ~ 'll. I I~ 4\ I \ I " I : ll~ ~ I \ , i " I [ ~ : I ".Ii l : I I I , ~ ."ZI I I \; ~ I I / ' I'$' I ~ I ! --r fl:/JtJP ~ I I "!:,...~ I I I I I I , I I I I ' I ! I I .E H , I I I -~B c I I (I ftI I I , I I fT I ~~\ I j \ I I , I I I , I I I I I I II? 12-~ I ,,\ ::5N!o. Il ~ ':;.7"A. I~ , I I J I I ~ IV ~ ~ I 1 II I , I I I g : ~ ---I ~,l>bC [ - l'!.o ' 3 I I 'ZI.\ I I I ~ I I I I ,~ p ~ z: \ I I ~ I I ~ I I I t i ~ ~ , E I I \ I I I 12S- ':l, I \ ~ I I I I I I I I \ I it I 1 I I ~ I , f. ~ I ., ~ I Co I I I~ I ,il d I I j~ " l'!.z I I ~ I I ~ I I 4., ll~ I \ I ~ \ I f -=- ft I G - ~ I I \ ,f. F Ii ---...... \ \ \ ~ \ "- 11.7 f., "'\ I I \ , . , , , I I ~ ~ \ \ l ~ I t 1 I I I I \ " E \ [a.. Z8 I I I 6 \ \ I \ "3 I \ ~ I \ \ \ I ~ \ \ : \ \ \ 'Zl'J I;~ ~ " f. . ~ K\ I \ \ ":;T/& I~ \ \ \ \ I I I \ 1 \ I I I \ ,r ~ ~ In , I I \ I \ol\z..' I l~ I I , I \ I I I ~ \t ~ I . w I I I \ \ l I . I I j I I ""~, I IS? : I , I I I I I I I I I I \ I I I I I m I I ~ . I :K ~ I I ~ I I ' Z ~ I I I I ~ I \ I I ' '4-4 !! '1& ~ E E I 41 \ I ~ I I \ I ~ I I I I I \ I I \ I , t I~~ I \ , z. ...... ' ~ I ~ I r, I I I I I \ l ' I~ I . ~ r; \ I I I I t t t _"'~ I I J~ I ~ if I ~ I H tai ---- I . I ~ I' " ~ .J [ 1'1 \ I~I J:: ~~ E ' : ~ 0 - " / po /,/ , ~ ,iJ ~ d n~\ ! ~I f' . l'" ,53 \ \ \ ,,::>TA ""1 ) I , I \ "3 I l ' , ~ I , t C , I 1 ~ \ 15"\ I '4~ I I \ lti I I I I , po I , , I , . I Ii fI I I I I >i ~s :1 I I I I (? ""'1 I I I ~ ~ I i I 1- f I I I' , f , I I .~ ~ I ~ I I f ~ I t ~ r I nr I i I ~ I I ISo d I I t 3 ' \ . I ~ I , ~ I f , I c I I . I <, ISI I I I / ~ [ I I I I I t I I f II I / l I I I .J \ n 1\ , I I \ ti I~' \ 1'S3 @v '. ' '. ~ - ~{n~ ~ CITY OF DELRAY BEACH ff1 (fv1' ~ d? BOARD MEMBER APPLICATION oJY NAME lT~mp~ T. 'RrH.,rp n (w;nply known ~~ Pptp 'Rowpn) 116 M~rinp WrJ~. nplrrlY BerJrn. FT, 33483 HOME ADDRESS (Street, ity, Zip Code) (LEGAL RESIDENCE) None ' PRINCIPAL BUSINESS ADDRESS (Street,- City, Zip Code) HOME PHONE ( 407) 278-2274 BUSINESS PHONE Nil ON WHAT BOARDS ARE YOU INTERESTED IN SERVING civil Service Board LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) Sprvpn,nn Tntf.>rn""1 llnn;t ("nmmittpp rrnm lqfn/R? nntil it~ r'lpmi~p EDUCATIONAL QUALIFICATIONS B. S . in Commerce, Northwestern Univ. LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD Accountinq & Landlands' Licenses GIVE YOUR PRESENT. OR MOST RECENT EMPLOYER, AND POSITION retired for past eleven years. Comptroller/Sec.Treas. Haynes & Mouw, Inc. DESCRIBE EXPERIENCES. SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD I have worked in menial iobs un throuah UDner-manaqement positions. T have hired and fired. I believe these are aualifications. 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. l2'A/L~ May 19, 1992 /> SIGNATURE DATE ~/ 4/90 '. ., ,< . , Resume Prior to WWII, as we came out of the Great Depression, I had several occupations of little importance, some menial, but I did like to eat. I spent the war in the Navy, returning from Guam in late 1945. 1946-58 - Gen. Manager of Floralife, Inc. a Chicago based manufacturer and national distributor of products used by retail florists and flower growers. In August 1958, moved to Delray Beach as a permanent year-round resident. In 1960 I started my own bookkeeping/tax service, and in 1970 joined Hawkins & Mouw, Inc. as Accountant, and many other duties. I was their Comptroller/Sec.Treas. during their large growth period in the late 1970s, and retired in 1981. Personal Data Born 1912 at Lorain, Ohio Married Margaret Way in Winnetka, IL 1938. Two adult daughters who live in South County area, four grandchildren, one great-grandchild. James L."Pete" Bowen 116 Marine Way Delray Beach 33483 278-2274 .. ,,' ... ;, ~~fJfl~ CITY OF DELRAY BEACH ,,!a3jCf,;;/, ~ BOARD MEMBER APPLICATION Q.iY Q. ~ NAME Wilbur V. Chaney . West Palm Beach, FL 33111 1271 Westside Way, 1I0ME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) 'inn '\I F 'it"... ;1"",,.,,... 0",1 ""'y 'R"''''....h, ~T 11L..~1 PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE (407) 793-1851 BUSINESS PIIONE (407) 276-7447 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Delray Beach Housing Authority~ ~ ~AJ2. e~~ LIST ALL CITY BOARDS ON WIIICII YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) None EDUCATIONAL QUALIFICATIONS Law Degree (JD)- also see attached resume. LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD 111,.;0:: nn....t"nr"'t'p npgrpp GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION I am in the private practice of law in Delray Beach, Florida. I last work as an assistant U.S. Attorner in Orlano, FL (1977-1983) DESCRIBE EXPERIENCES. SKIL S OR KNOWLEUGE WUICH QUALIFY YOU TO SERVE ON THIS BOARD Attorney at Law and B.S. Degree in Political Science PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFY THAT ALL TilE A80VE STATEMENTS ARE TRUE. AND I AGREE AND UNDERSTAND TIIAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FO URE UPON MY .tAR' /OF ANY APPOINTMENT I MAY RECEIVE. tI" " 4/90 ~ ., .. . RESUME N AM! : , Wilbur V. Chaney ADDRESS: 127l Westside Way West Palm Beach, Florida 33411 TELEPHONE(S): Home: (407) 793-185l Work: (407) 276-7447 BIRTHDATE: October 27, 1943 MARITAL STATUS: Married Three (3) Children CHURCH AFFILIATION: Member of Greater Mt. Olive Missionary Baptist Church Delray Beach, Florida MILITARY: U.S. Army (1969-1971) Duty: Military Police Criminal Investigation DATE AVAILABLE: Negotiable JOB INTEREST: Personal Injury, Wrongful Death and Criminal Law EDUCATION: Carver High School Delray Beach, Florida COLLEGE: Morehouse College, B.A. - 1967 Atlanta, Georgia Major: Political Science Minor: Business Administration LEGAL: Howard University Law School 6th and Howard Place, N.W. Washington, D.C. 2000l J.D. - 1973 Activities: Delta Theta Phi Legal Fraternity Jack & Jill Social Club AMVETS .. ,.,. , " EXPERIENCE: National Consumer Information Center (HCrC) . 3005 Georgia Avenue, H.W. Washington, D.C. 20001 Hcre - 1971-1974 From 1971-1973 I worked as a legal researcher and complaint investigator in charge of handling consumer complaints. Starting in July, 1973, after graduating from law school, I moved to the position of Staff Attorney in charge of research. Further duties consisted of visiting community action programs around the country and advising the organizations how to establish consumer protection units. Also, while traveling, I had occasions to speak with various groups of consumer related matters. Harry Diamond Laboratory (HDL) u.S. Army 2800 Power Mill Road Adelphia, Maryland 20873 HDL - 1974-1977 From 1974-1977 I worked as an Attorney-advisor in the general law area. As part of my duties I rendered 1 ega1 advice in the following areas: (1) Labor Law Federal Employee Labor (2) Federal Jurisdiction (3) Environmental Law (4) Personnel Law -2- ~ .. EXPERIENCE CONTINUED: (5) Advisor to the EEO officer and Committee . (6) EEO complaints formerly filed aqainst HDL (7) Claims brouqht aqainst Government ( I was the Claims Officer) (8) Gave leqal advise on the Freedom and Information Act and Privacy Act. (9) As a part of other duties assiqned, I rendered leqal advice on a variety of day-to-day problems that were presented to the leqal staff. Participated in a lawyer referral service, sponsored by the D.C. Bar, which provided free leqal representation for qovernment employees filinq discrimination complaints. United States Attorney's Office Middle District of Florida 80 North Huqhey Avenue Orlando, Florida 32801 1977-1983 1977-1983, I was employed as an Assistant United States Attorney in the Middle District of Florida, Orlando Division. My duties consisted of representinq the United states of America in both criminal and civil cases. -3- ., \." "- EXPERIENCE CONTINUED: 1983 to July 1989 I Private Practice of Law in the Orlando-Winter Park area and in the South Florida area with special emphasis in the area of Personal Injury, Wrongful Death and Criminal Law. July 1989 to Present Private Practice of Law in Delray Beach, Florida NON-LEGAL From 1972-1977 1 worked as a part-time instructor at the University of the District of columbia on an intermittent basis. PUBLICATIONS: I have written several articles published in the National Consumer Information Center Newsletter. BAR MEMBERSHIP: Iowa State Bar Association and Florida Bar Association REFERENCES: Furnished upon request CONTINUING LEGAL EDUCATION HISTORY I have taken the following courses in conjunction with my employment. I. Army Judge Advocate General School University of Virginia Charlottesville, Virginia A. Environmental Law - one week B. Contract Procurement - two weeks C. Employee Labor Relations - one week D. Personnel Law - one week E. Equal Employment Opportunity - two courses, one 3 days and one 5 days F. Adverse Action Course - three days G. Negotiating Labor Agreements - one week -4- .. , . # II. U.S. Attorney General Advocacy Institute , Department of Justice Washington, D,C. A. Criminal Trial Practice - one week B. Appellate Practice - three days C. Civil Trial Practice - three weeks D. Torts Seminar - three days E. Advance Criminal Trial Practice - one week III. Private Practice of Law Florida Bar Continuing Legal Education Courses A. Practice and Procedure Under Plorida No-Pault B. The Basics of Personal Injury Litigation C. PreTrial Advocacy in Criminal Cases d. The Dissolution of Marriage Trial E. Florida Mortgage Poreclosures F. Jury Selections G. First Annual Masters Seminar Voir Dire Opening Statements Closing Statements H. Federal Practice Seminar I. Basic Probate and Guardianship -5- '. -' . CITY OF DELRAY BEACH ~ /' J.1,qJ BOARD ~EMBER APPLICATION HOME PHONE ~7la. 5"~4:L, BtJSI~ESS PHONE ~q ON WHA~ ~OARDS ARE YOU I~T~ED I~ SERVI~G C:;I~~ ~C,.;'p~ ~~~ LIST ALL CITY BOARDS ON WHICH YOU ARE CtJRRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) EMPLOYER. EXPERIENCES. SKILLS 01 KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS - ~~~-U ~~ .~~ ~ ~ Q7'a ellL.. *-6 SE ATTACH A BR EF RESUME. ~~'-~10. ~ULUL_~\lIN.~ ~., .. ts. I HEREBY CERTIFY THAT ALL THE ABO E~TATEMENTS ARE TRUE. ~~D I AGREE ~~D UNDERSTAND THAT ANY MISSTATEMENT OF MATE1IAL FACTS CONTAI~ED I~ THIS APPLICA- TION MAY CAUSE FORFEITURE UPON MY PART OF ~~ APPOINTMENT I MAY RECEIVE. I J IC+~2.. ~ &r '1&;01 ;;(~d/TE 6!a3/9;;2- 4/90 OAJ~~ '. ," . .... MEMORANDUM TO: City Commission ~ THRU: Susan O'Brien, Deputy C y Clerk FROM: Anita Barba, Board Secretary SUBJECT: UPCOMING VACANCY ON THE COMMUNITY REDEVELOPMENT AGENCY DATE: June 18, 1992 There will be a vacancy on the Community Redevelopment Agency on July 10, 1992. Matt Gracey has served an original term of three (3) years plus an additional term of four (4) years and is not eligible for reappointment. The term is for four (4) years and will end on July 9, 1996. According to statute, as referenced in the Land Development Regulations, Chapter Eight, 8.1.1 and the Code of Ordinances, Chapter 170, 170.01, a person may be appointed as a Commissioner if he/she resides in or is engaged in business, which means owning a business, practicing a profession, or performing a service for compensation, or serving as an officer or director of a corporation or other business entity so engaged, within the area of the agency, which shall be coterminous with the area of operation of the City, and is otherwise elgible for such appointment. A person cannot hold any other public office under the City other than his/her commissionership or office with respect to the Community Redevelopment Agency or Board of Commissioners. The following persons have expressed an interest in appointment and have submitted their applications and resumes for your review: Marc deBaptiste Thomas J. Duggan Gene Fisher (currently on SPRAB) Tom LaSalle (currently on SPRAB) Michael Manning Rosalind Murray Michael G. Park (currently on BOA) JoAnn Peart Thomas Purdo (currently on P & Z) Richard Rabb Deborah Wright (continued interest has not been confirmed) Based upon the rotation system, the appointment will be made by Commissioner David Randolph (Seat #4). Pursuant to direction received at the Commission meeting of January 14, 1992, a check for code violations and property liens has been conducted. According to City records, none of the applicants has any outstanding violations or liens except for Mr. Fisher. Please see attached Code Enforcement Case Nos. 91-6429 and 92-7327. paz.txt q 1, .., '," . '- 06/17/1992 16:09 L.P.C. BOCA RATON FLA. 1 407 241 3483 P.02 ClT' OF DELlAY lEACH IOARD MIMID APPLICAtION I ... NAMI Mare deBaptiste - --- . AllXI ... - 202 Seabreeze Avenu~) Delray Beach 33483 HOKE A6!lESS (Scr..t, City,.Zlp Cod.) (t!GAL ~SlDENCI) - 621 N.W, 53rd Street, Suite 125, Boca Raton 33487 'liNciiAL -'-USINESS ADD'U-S (Stre.c. -C-UY. Zip Cocre) HOMI PlIORI 407-243-4029 IUSINISS PHONI 407-241-2700 - ON WHAT BOARDS All YOU IBTIUSTED IN SEaVING Yl ~ Community Redevelopment Agency -- .......... -A. - LIST ALL CITY IOAlU)S ON WHICH YOU ME CV1llENTLY SERYING O. HAVI 'RF.VtOVSl.'l . S!RVP'b (Pl.... 1n.lude 4.~..) - N/A r !DUCATIONAL QUALIFICATIOn, N/A - .- . L - ~ -- LIST AMY ltLAtlD PIOPI.SIONAL CllTIFtCATIONS AlP LICINSES WHICH YOU ~OLD Vice President of LPC Contractors, Ioc" a general contractorj licensed Florida . ..- - ---"">. ..- Real Estate Broker GIVa YOUR PkISINT, O. HOST RECENT EMPLOY!I, AND POSITION Lincoln Property Company, Senior Vice President, Partner -"'-- - -- - -- DEBelll! EXPERIENCIS, '''tll.l,8 0" POWl,1DG1 WlllCH QUALIFY you TO SERVE ON THIS RnAU>> Extensive experience (13 yea~8) in the development, construction, and management of ----"><L . commercial and residential ptoparties throughout South Florida. Appli cant has ---A developed approximately 1,000 a~srl.mHnt-", ...nri nvp.rs:~es thQ management of 2,700 apartments. , PLEASI ATTACH A 1111' RISUKI. L TlCI AIOVI'TATIHINTI All nUl, AND 1 AGREE AlID ArDlDT 0' ftA1'!J.IAL FACTS CONTAIH!Z) IN TRIS ArPLICA- E UPON MY PAaT 0' ANY APPOIMTM!nT 1 KA~ IECIIVE. June 17) 1992 . ' - - DATI 4/90 '. - 06/17/1992 16: 10 L.P.C. BOCA RATON FLA. 1 407 c:4... 3483 P.03 MARC deBAPTISTE SENIOR VICE PRESIDENT, PARTNER LINCOLN PROPERTY COMPANY 621 N.W. !3rd STREET. SUITE 125 BOCA RATON, FLORIDA 33487 Marc deBaptiste joined Lincoln Property Company in June of 1986 and opened Lincoln '8 South Florida Residential Division. Marc, Operating Partner and Vice President of the company, is responsible for all aspects of development, finance, management, and construction of multifamily communities. Currently, Marc's operation manages more than 2,700 apartments, the majority of which are third-party owned. Prior to joining Lincoln, Marc was a nationally-recognized senior sales consultant with Coldwell Banker Commercial Real Estate Services, where he handled site acquisition, leasing, and investment services. In his last year with Coldwell Banker, Marc's commercial sales ranked in the top one percent of Coldwell Banker in the United States. Marc is on the Board of the Boys & Girls Clubs. Marc has served on the Advisory Board of the Florida National Bank/First Union National Bank and is past president of the Port Royale Master Association, an association which manages the common areas for a community of condominium homes and several rental apartment communities. He is a candidate fOf Certified Commercial Investment Manager for the National Association of Realtors and a frequent speaker at local real estate forums. Some of LinQOln Property Company's affiliations include membership in the Florida Atlantic Builders Association, the Builders Association of South Florida, the Broward/Palm Beach Apartment Association, the Plorida Chamber of Commerce, and the Broward Economic Development Board. TOTAL P.03 '. ,." "j . . MEMORANDUM ~~ f\1Jl'lq7 TO: City Conunission ~ ,Ir J0P' THRU: Susan O'Brien, Deputy City Clerk FROM: Anita Barba, Board Secretary SUBJECT: VACANCY ON THE DELRAY BEACH HOUSING AUTHORITY DATE: June 18, 1992 The term of Randee Golder will expire on July 14, 1992. Ms. Golder is interested in reappointment and is eligible. Her application and resume are attached for review. The term will begin on July 15, 1992 and end on July 14, 1996. The term is for four (4) years. According to the statute, "No conunissioner of an authority may be an officer or employee of the city for which the authority is created." Furthermore, at least one member must be a resident of the housing projects. Presently, there is a member/resident on the Housing Authority. The new appointee need not be a resident of Delray Beach. Other persons who have submitted applications are listed as follows: Walter O. Barry Robin Bird Richard Brautigan J. Pierre-Paul Cadet Wilbur V. Chaney Bonnie Cipriani Joel Christopher Thomas J. Duggan Herbert F. Freese Lawrence A. Hunt Lenard Chris Johnson (currently serving on Kids n Cops) Karen Kiselewski Richard P. LiCastri Rosalind Murray Sam Schwimer Jay Slavin According to Florida Statutes, members are appointed by the Mayor and ratified by the Conunission. However, at the City Conunission meeting of June 5, 1991, workshop, a consensus was reached wherein each Conunissioner would, on an informal basis and according to the rotation procedure, make a reconunendation to the Mayor as to Housing Authority appointees. Therefore, the reconunendation will be made by Conunissioner Mouw (Seat #1) and the appointment will be made by Mayor Lynch (Seat 115). Pursuant to direction received at the Conunission meeting of January 14, 1992, a check for code violations and property liens has been conducted. According to City records, none of the applicants has any outstanding violations or liens except for Mr. Cadet. Please see attached Resolutions 1163-91 and 1186-89. Mah.txt 9:J ., .,. . ,o-rO . W-.d-.-d- CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Randee J. Golder NAME 462 E.W, 27th Ave., De1ray Beach 33445 HOME STREET ADDRESS, CITY, ZIP (LEGAL RESIDENCE) 1177 N.E. 8th St.~ Suite 407, De1r~ Beach 33483 - PRINCIPLE BUSINESS STREET ADDRESS, CITY, ZIP -- 278-4675 265-2666 HOME PHONE BUSINESS PHONE ON WHAT BOARDS ARE YOU INTERESTED IN SERVING CAB, BOA, CSB, P&Z, HRC LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) HRC (term expires 3/15/90) EDUCATIONAL QUALIFICATIONS B.A. and B.S.M.! from FAD both awarded in 1979; J.D. from Nova Law Center awarded in 1984 -_. LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD. Florida Bar, Sou~~~21~ Beach County Bar, Eleventh Circuit Court of __~_~s Bar , Federal Bar, Federal Trial Bar GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION Michael S. ~einer & Assocs., P.A. -- attorney DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD. Law practice consists of real estate oriented litigation and criminal defense. I h~ve also served on the Old School ~uare Board __of Directors and on the Legislative Affairs Committee of the hamber of Commerce 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. 1--Ju)filpk~i) - -~!~------ SIGNATU " . RESUME Randee J. Golder Home: (407) 287-4675 462 S. w. 27th Avenue Work: (407) 265-2666 Delray Beach, FL 33445 EDUCATION LAW: Nova University Center for the Study of Law Ft. Lauderdale, Florida - Juris Doctor, GPA 2.92 (Upper 17%) Graduation: December 1983 Distinctions: American Jurisprudence Book Award - Civil Procedure I Dean's List, Fall 1981 and Fall 1983 Silver Tongue Award, 1st Year Moot Court Competition Moot Court Society Board of Directors, Fall 1982 National Mock Trial Competition Team, Spring 1983 . UNDERGRADUATE: Florida Atlantic University, Boca Raton, Florida Degrees: B.A., B.S.M.T., both granted in 1979 Majors: Chemistry, Medical Technology Activities: Student Body Senator, Chairperson of Rules and policies Committee; Florida Student Association, lobbyist Rollins College, Winter Park, Florida (attended 8/74-12/75) EMPLOYMENT Michael S. Weiner & Associates, P. A. Delray Beach, Florida Attorney November 1987 - Present Federal Public Defender's Office Miami, Ft. Lauderdale, West Palm Beach, Florida Assistant Federal Public Defender September 1985 - November 1987 Dade State Attorney1s Office Miami, Florida Assistant State Attorney M~rch 1984 - September 1985 Palm Beach State Attorney's Office Delray Beach, West Palm Beach, Florida Certified Legal Intern June 1983 - December 1983 Malin & Haley, P. A. (Patent Attorneys) Ft. Lauderdale, Florida Law Clerk June 1982 - June 1983 " . ' , . Humana Hospital South Broward Hallandale, Florida Medical Technologist April 1981 - January 1984 PROFESSIONAL ASSOCIATIONS Florida Bar Federal Bar, Southern District of Florida Federal Trial Bar, Southern District of Florida Eleventh Circuit Court of Appeals Bar National Association of Criminal Defense Lawyers South Palm Beach County Bar CIVIC ACTIVITIES Director; Old School Square, Inc. (non-profit corporation) 1988 - present Visions 2000, 1989 Co-Chairman, Delray Beach street Auction Legal Counsel for Old School Square, Inc. Legal Counsel for Pineapple Grove Support Group, Inc. Member of Morikami Museum Human Relations Committee, City of Delray Beach Legislative Affairs Committee, Delray Beach Chamber of Commerce Director, United Property Owners ~ ,.. '. : MEMORANDUM '. / TO: City Commission THRU: Susan O'Brien, Deputy City Clerk FROM: Anita Barba, Board Secretary SUBJECT: APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES DATE: June 18, 1992 Leon Weekes, the Commission appointee to the Police and Fire Board of Trustees does not wish to be considered for reappointment. Therefore, a vacancy for a term beginning July 1, 1992 through June 30, 1994 has been created. Ordinance #36-91 limited the term of office to two (2) years. The following persons have their applications and resumes for consideration: Herbert F. Freese Melvin Hirth Rosalind Murray The requirement for membership is that two (2) public members are to be appointed by the City Commission. A person need not be a resident, property owner or business owner within the City. The appointee must take an oath of office. Pursuant to Commission direction, a check for code violations and property liens has been conducted. According to City records, none of the applicants has any outstanding violations. Based upon the rotation system, the appointment will be made by Commissioner Jay Alperin (Seat #2). V ~J1 ~ Tran.txt t6 1!14\q::r ~K '. . _. [IT' DF DELRA' BEA[H 100 N,W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243.7000 MEMORANDUM TO: Mayor and Commissioners FROM: ~Vid T. Harden, City Manager SUBJECT: AGENDA ITEM #9L- MEETING OF JUNE 23, 1992 DISCUSSION SITE SELECTION FOR TENNIS TOURNAMENT DATE: June 19, 1992 In accordance with the City's agreement with LIDDUN INTERNATIONAL, a decision on the need for a temporary stadium for 1993 must be made by July 1, 1992. This will be the focus of City Commission's discussion. In addition, the CRA will be making a presentation on recommendations concerning the City's Tennis Center. The following information is provided for consideration in your discussion: TEMPORARY SITE 1993 - MUNICIPAL TENNIS CENTER - All expenses at our Tennis Center may not be wasted expenses: 1. Center court and resurfacing of four additional hard courts ($80,000). If a decision is made to permanently locate the stadium at this location, these expenses will not be wasted. If this does not become the permanent site, upgrades to our existing Tennis Center will be needed. If Commission chooses to relocate the Tennis Center, you may still want to maintain a tennis presence in the downtown. As we develop a design, these options would need to be incorporated. 2. Construction of box seats and temporary stands ($75,000). These facilities may be relocated with minimal additional cost. 3. Refurbish locker rooms Community Center ($10,000). These locker rooms are in need of refurbishing even if the tournament is not located at this site. - Funding is available from the following possible sources: 1. Decade of Excellence Funds allocated for Civic Center Improvements and the addition of 2 courts. 2. Decade of Excellence Fund, interest earnings. THE EFFORT AL.WA YS MATTERS ,. - 3. General Fund Capital Construction Account, uncommitted balance. 4. City Marina Fund. PERMANENT SITE FOR 1993 - EXISTING TENNIS CENTER - In discussing the possibility of locating the Tennis Tournament and stadium at our existing Tennis Center, as the permanent site for 1993; the following should be considered: 1. Impact of continued operation of our existing facilities during construction. 2. Possible need to demolish and move Fire Station #1 before construction. 3. Land ownership issue. It is anticipated that detailed funding options for both a temporary and/or permanent stadium site location will be discussed with Commission in July. The City Attorney will provide updated status on the Lavers property, prior to, or at your meeting. RAB:kwg ~ .., . . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - JUNE 23. 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED TO INCLUDE: M. RESOLUTION NO. 67-92/REOUEST FOR FUNDING - ROOTS CULTURAL FESTIVAL: Approve Resolution No. 67-92 supporting the Fifteenth Annual Roots Cultural Festival; approve request for funding in the amount of $2,000; and consider other requests, i.e. temporary tent permits, placement of signage, use to tennis center, and use of Pompey Park facility and staff. Funding is available in Commission Contingency (Account No. 001-1111-511-33.81). N. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT: Consider ratifying the Lieutenant I s Fraternal Order of Police (FOP) Contract. O. SIDEWALK SALE: Consider a request from the Chamber of Commerce to hold a sidewalk sale downtown during the Fourth of July weekend. '. .----- RESOLUTION NO. 67-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ROOTS CULTURAL FESTIVAL, INC., IN THEIR EFFORTS TO SPONSOR THE FIFTEENTH ANNUAL "ROOTS CULTURAL FESTIVAL" IN THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the Roots Cultural Festival, Inc., is sponsoring the fifteenth annual "Roots Cultural Festival" on July 12 through August 9, 1992, in the City of Delray Beach; and, WHEREAS, this festival is an attempt to present to the community, state and nation a view of the rich cultural heritage of the people of African ancestry in our City; and, WHEREAS, this idea was conceived by Jefferson Manor Homes Association in an attempt to bring people together to develop pride, respect and appreciation for their community as well as their particular heritage which they bring to the City; and, WHEREAS, the festival will provide an opportunity for exciting experiences for local people and tourists reminiscent of the Bahamas, the West Indies, Haiti and other countries of African ancestry and will also provide a wholesome outlet for involving the young people in the community in constructive activities; and, WHEREAS, the activities of the festival are to promote academic excellence among our youth, in the form of a spelling bee, an essay, math and oratorical contest; to promote physical fitness through golf, tennis, bowling and basketball tournaments; to promote cultural enrichment and appreciation through exhibits, creative dance and dramatic presentations, poetry, jazz and fashions; and, WHEREAS, the highlight of the festival will be "The Marketplace at Roots", which will focus on visual and performing arts, ceramics and jewelry, presented by South Florida artists in a festive setting, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach hereby supports the Roots Cultural Festival, Inc., in their efforts to sponsor the fifteenth annual "Roots Cultural Festival" in the City of Delray Beach, Florida. PASSED AND ADOPTED in regular session on this the 23rd day of June, 1992. MAY 0 R ATTEST: City Clerk . ~ .. - MEMORANDUM TO: ROBERT A. BARCINSKI - ACTING CITY MANAGER . ~ FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMEN~ SUBJECT: ROOTS FESTIVAL DATE: JUNE 22, 1992 In response to the June 18th letter from Tommy Stevens, the following are my comments to the support request list concerning the items under my purview: 2. The City Commission established a policy several months ago that automatically waived the fee for stage rental. 3. If the flags are to be displayed in the window, there isn't a problem. If, however, they are to be displayed in another manner, please advise. I have a call in to Tommy Stevens to verify. 4. The erection of temporary tents is a permitted use for this 5. event and permits will need to be obtained from this department. The Commission will need to grant a waiver of permit fees, which they have granted over the past several years for this event. LB:DQ D13 Roots '. ". ROOTS CULTURAL FESTIVAL, INC. P. O. BOX 2654 DELRAY BEACH, FL 33444 (407) 276-2099 Tommy St.v.M-Ch.irp....on Shirley Bry.nt-Co.Ch.irp....on Cr.ig Young-Co.Ch.irp....on D.n.. Willlngh.m-S.cr.t.ry June 18, 1992 K.thy Young-Asst. S.cr.t.ry . ; \ ;1 9 f~':~~i ? E.rn.stine Coop.r- Fin.nci.1 S.cr.t.ry Rich.rd P.rk.r-Tr..sur.r P..rl J.ckson-Ch.plin His Honor The Mayor Thomas Lynch B.rry D.nson-BusiM" M.n.ger Rob.rt N.wton-Public Rel.tions City of Delray Beach C.rmelit. Smith- 100 N.W. 1st Avenue Public R.I.tions C. Spence, Pomp.y-Histori.n Delray Beach, FL 33444 Suz.tt. Fr.nklin- Ex.cutiv. Administr.tor Dear Mayor Lynch: J.mes Thom.s-Festiv.1 Dir.ctor I. E1iz.b.th Wesl.v. Promot.r/Coordin.tor The time for the Roots Cultural Festival is here again. We expect our 15th Annual Festival to be as successful as always. On behalf of the Festival Committee, I would like to thank the City of Delray Beach for its past participation and resolutions supporting our efforts to bring positive cultural activities to the Delray Beach area. We are again asking that a resolution be granted by the City Commissioners sanctioning the efforts of this organization through the support of the various municipal departments. We will be utilizing the same plans for security as we used last year. Having worked closely with the Police, Parks and Recreation and other departments, we are certain that we will be able to give positive influences to the City. The community enthusiastically looks forward to this event each year. Through our statewide contact and national promotions, we have caused the name of Delray Beach to become synonymous with summer cultural experiences. Attached, please find a copy of our tentative schedule and a support request list. We are looking forward to seeing you and others of the Commission at our festivities, which are planned for July 12, 1992 through August 9, 1992 at the Pompey Park Recreational Complex. Sincerely, l1~K,D~) Tommy L. Stevens Chairperson cc: Vice Mayor Jay Alperin Commissioner David Randolph, Sr. Deputy Vice Mayor Armand Mouw City Manager David Harden Commissioner William Andrews " ROOTS CULTURAL FESTIVAL, INC. . P. O. BOX 2654 DELRAY BEACH, FL 33444 (407) 276-2099 SUPPORT REQUEST LIST 1. A donation from the City of $2,000 to go towards the operating expenses of the festival. 2. The City to allow usage of the stage and waiver the fee for the rental of the stage from Friday August 7 through Sunday, August 9. 3. The City to allow the merchants along Atlantic Avenue to display the "ROOTS" flag. 4. The City to allow a permit for a tent to be placed at the Delray Municipal Tennis Courts the weekend of July 24 through July 26 and August 1 through August 2 for the Tennis Tournament. The tent will be rented by the Festival and will be a temporary structure which would be used for shade during the tournament. 5. The City to allow a permit for a tent to be place at Pompey Park the weekend of August 7-9 for the "Festival in the Park" activities. The tent will be rented by the Festival and will be a temporary structure which would be used for the "Marketplace at Roots." 6. Full utilization of the Pompey Park facilities and staff for the entire Festival - (July 12, 1992 through August 9, 1992). .. - ROOTS CULTURAL FESTIVAL, INC. P. O. BOX 2654 DELRAY BEACH, FLORIDA 33444-,27444 ' (407) 276-2099 () CALENDAR OF EVENTS Sunday, July 12, 1992 Root Dedication Christ Baptist Church 'Service 7 :'00 PM Contact-Joyce Prime , (407)272-1721 Thur. July 16 Splash Party Pompey Park Pool 6:00 PM Contact-Dennis Murray (407)243-7358 Sat. July 18 Roots Kick-Off TBA Dance T.B.A Contact-Barry Denson (407)278-6020 Wed. July 22 Film Festival & Pompey Park Black History Auditorium 7:00 PM Contact-Craig Young (407)731-0374 Fri. July 24 Basketball Tourney Pompey Park GYM Sun. July 26 T.B.A. Contact-Fred Grice (407)276-6823 Sat. July 25 Tennis Tourney Delray Tennis Center Sun. July 26 T.B.A. Contact-Center Sat. Aug. I Tennis Tourney (T.B.A.) (407)276-6823 Sun!" Aug. 2 Tennis Tourney (T.B.A.) Sun. July 26 Golf Tourney Delray Municipal T.B.A. . Golf Center Contact-George Williams (407)278-3761 Sun. July 26 Gospel Fest T.B.A. T.B.A. CONTACT-Sheldon Edmonds (407)276-6407 Mon. - Fri. July 27-31 Racquet Ball Tourney Pompey Part Courts 6:00 PM Contact-Denise Willingham & Dennis Murray (407)278- 946 Wed. July 29 Pre-Liminary Pompey Park Auditorium Aug. 3 Spelling Bee Contact-Brenda Durden T.B.A. (407)498-7578 Sat. Aug. 1 Tennis Tourney Delray Tennis Center Sun. A~g. 2 Tennis Tourney . . . T.B'.A. Contact-Center (407)276-6823 ...CREATING A POSITIVE FUTURE BY REMEMBERING OUR PAST... ". ROOTS CULTURAL FESTIVAL, INC. , P. O. BOX 2654 DELRAY BEACH, FLORIDA 33444-27444, (407) 276-2099 Sun. Aug. 2 Oratorical'Gontest St. Paul Missionary Baptist Church T.B.A. Contact - Diane Jones (407)278-1594 " Math Contest Mon. Aug. 3"1 Pompey Park Auditorium E$say Contest Contact - James Crummel (Math) Spelling Bee (finals) (407)498-7068 T.B.A. Anne Williams (Essay) . . ' (407) 278-7382 Brenda Durden (Spelling) (407) 498-7578 Tue. Aug. 4 Youth on Parade Pompey Park Auditorium Contact - Pearl Reed (407) 276-8721 Fri. Aug. 7 Parade Atlantic Ave. & Pompey Field Coronation Contact - John Jackson Jazz & Poetry (407) 272-9629 T.B.A. Lawrence Strainge (407) 278-4136 Sat. Aug. 8 Minority Tennis Workshop Pompey Park & Recreation 10 A.M. - 4 P.M. Prayer Breakfast Pompey Park Bowling Tourney Boynton Fair Lanes Basketball Clinic Pompey Park Gym 11 A.M. Workshop Contact - Dennis Murray - (407) 243-7358 ~ Prayer Breakfast Contact - Joyce Walker (407) 265-2553 Tommy Stevens (407) 276-2099 Basketball Clinic Contact - William Asburry (407) 737-3568 Bowling Tourney Contact - Willie McGriff Sun. Aug. 9 All Day Gospel Festivities Pompey Park Field 2 P.M. - 8 P.M. Contact - Howard Searcy Steve Banks (407) 276-9018 \, ...CREATING A POSITIVE FUTURE BY REMEMBERING OUR PAST... '. '. . '. - " CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - JUNE 23. 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED TO INCLUDE: M. RESOLUTION NO. 67-92/REOUEST FOR FUNDING - ROOTS CULTURAL FESTIVAL: Approve Resolution No. 67-92 supporting the Fifteenth Annual Roots Cultural Festival; approve request for funding in the amount of $2,000; and consider other requests, i.e. temporary tent permits, placement of signage, use to tennis center, and use of Pompey Park facility and staff. Funding is available in Commission Contingency (Account' No. 001-1111-511-33.81). N. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT: Consider ratifying the Lieutenant's Fraternal Order of Police (FOP) Contract. O. SIDEWALK SALE: Consider a request from the Chamber of Commerce to hold a sidewalk sale downtown during the Fourth of July weekend. 1 '. ,,' - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM i qN - MEETING OF JUNE 23. 1992 RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT DATE: June 19, 1992 Information/backup material for this item will be provided by the City Attorney's Office at the meeting. .. '. . . CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION REGULAR MEETING - JUNE 23. 1992 - 6:00 P.M. PUBLIC HEARINGS - 7:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED TO INCLUDE: M. RESOLUTION NO. 67-92/REOUEST FOR FUNDING - ROOTS CULTURAL FESTIVAL: Approve Resolution No. 67-92 supporting the Fifteenth Annual Roots Cultural Festival; approve request for funding in the amount of $2,000; and consider other requests, i. e. temporary tent permits, placement of signage, use to tennis center, and use of Pompey Park facility and staff. Funding is available in Commission Contingency (Account No. 001-1111-511-33.81). N. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT: Consider ratifying the Lieutenant's Fraternal Order of Police (FOP) Contract. O. SIDEWALK SALE: Consider a request from the Chamber of Commerce to hold a sidewalk sale downtown during the Fourth of July weekend. ~6-0 " .,1 . ~ J ' ~~ i " Atlangc Avenue II< Stubll an 64 SOU1HEAST FIFTH AVENUE. DELRAY BEACH, FL 33483 . 407/278-0424 itf . ~ ...~ t.- ceR.<lr1lU.CH ;1'" ';.., .~,- k .;1....(: June 22, 1992 JUN t.. ~ 1992 r'" ~ (. ~- I 'r: '--j David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 334444 Dear Mr. Harden: 1 Please accept this letter as an addendum to our , letter dated June 19, 1992, regarding the Sidewalk i i Sale on July 3, 1992. I I In order to supplement the Sidewalk Sale we would like ! to have the Marine and Automobile Dealers in Delray Beach I to participate. These cars and boats will not be sold during the Sidewalk Sale. All potential buyers wilk be referred to their show rooms. The automobiles and boats will be displayed on the grounds of the Atlantic Plaza. We have already received permission by Sandy Simon to use the south end and the center portion of the plaza. Should you have any qeustions, please feel free to contact me at 278-0424. I thank you in advance for your cooperation. Sincerely, \ Lee W.S. McDaniel Sidewalk Sale Coordinator 010 " - " .. REC"'IVED GREATER . , t: DELRAY BEACH - I Chamber of Commerce 'JUN 2 2 \992- , .01 .'ft- CITY MANAGER'S OFFICE ..1le -'#~ ..jt~ne ~('I 1992 ...l.. .:' ; Da~,"id RQ.rden, Ci t~. Manager City of Delray Beach ""Ii n ^ l\~ -1 1st A".entle ..L \...1...... 1".. W.. Delray Beach, Florida 33444 Dear Mr. rtaraer.L : The Atlantic Avenue Association requests a'u.thorization ...~ hold a . .. Sidewalk Sale on Atlantic Avenue between S~."inton Av"e:n~J.e and AlA. .,." , sale is an ann1..1a.i e".en t l... 1. Gtlr Ing the ~. . Da~. .Ln~s 11e....a J..nc.epenaence holiday period and .... is planned for Friday; "":".... 1.. "':l 1992. .... '. "_" l_~..1.:t "_'; As in all other events, a Certificate of Insurance naming the city -~ addi1:ional ~nsl1.red w' , , be ~ss':J.ed for ~....~- date thro":J_gh the Q...=, ............ l_ L!..L-=" Chamber of Commerce and fowarded to the City Attorneyls office. Should -r'P01.l have any qllestion, please feel free to contact me at 278-0424. T thank you in advance for your cooperation. .... Sincerely, ~~ Lee W.S. McDaniel Sidewalk Coordinator 64 S,E. FIFTH AVENUE. DELRAY BEACH, FLORIDA 33483 407 / 278-0424 . FAX 407 / 278-0555 Chamber Accredited by United States Chamber of Commerce .. " , 12: 13 ['EPT. OF (iJ';rl. ':'==;:;:=3 '?O-l -lc:~: ..l';:.."2S P.02 AFFAIRS 2740 CENTERVIEW DRIVE · TALLAHASSEE, FLORIDA 32399.2100 LINDA lOOM'S SHEllEY LAWTON CHilES CoverflOr, Sec~w, June 22, 1992 Mr. David J. Kovacs, Director Department of Planning and Zoning eity of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Waterford Place Develop~ent of Regional Impact; File No. ADA-1085-040 Dear Mr. Kovacs: On December 7, 1991, Mr. Alan J. eiklin notified the Department of proposed changes to the Waterford Place Development of Regional Impact (DR!), and the Department attended the public hearing held on February 25, 1992, to consider the change. The hearing was continued, and on ~:ay 21, 1992, Mr. Ciklin submitted revisions to the notification of proposed change. The modified proposed change provides for a new use of 107,400 square feet of retail space on 11.25 acres, decreases office space from 811,762 square feet to 459,455 square feet, and eliminates the hotel use. The revised notification of change adds an internal traffic connection between the proposed retail area and the office area, allowing access to the retail area from Lindell Boulevard and s.w. 10th Avenue. The revised transportation analysis does not show a projected increase in net external trips due to the proposed changes to the plan of development. As we expressed at the public heari~g,the Department has concerns with the proposed change. In spite of changes to the proposed plan (access, advertising, landscaping), the Department still believes the proposed plan for retail development adjacent to the non-DRI retail developnent is more indicative of a common plan of development than plans for the DRI previously reviewed. As you are aware, the Department reviewed the adjacent non-DRI development in a clearance letter (CL-1088-009) when the developer of the Waterford DR! purchased it. At that time, the site which is the focus of the pending change was anticipated to be a hotel, and the Oepart~ent concluded that the development .," 12: 13 DEPT. OF (IJ[:r I. ~;:::FH Ir::3 '?D-J .me .. :-~':"' P.03 F1 Mr. David J. Kovacs June 22, 199:2 Page Two proposed for the 2S-acre parcel did not constitute an expansion to the development plan for the Waterford DRI and did not constitute a substantial deviation. However, the developer is now proposing to change the hotel site to retail use. It is now difficult to distinguish between the retail development for the Waterford Place DRI and the adjacent, existing, 25-acre retail development. This existing and proposed retail development appears to be controlled by the sa~e entity, with marketing efforts operating out of a single office on the DRI site. The Germantown Road extension, called Waterford Place, provides dead- end access from Linton Boulevard to both the adjacent existing retail development and the proposed DRI retail site, although the developer is proposing additional access to the DR! retail use through the office park. Thus, the t.....o reta i1 sites would appear to function as one large shopping center. The Department participated at the public hearing held on February 25, 1992, to consider the proposed change to the Water ford Place DRI, thereby complying with the provisions of Subparagraph 380.06(19) (f)6., F.S. Therefore, it is not necessary for the Department to participate at the continuation of the public hearing to be held on June 23, 1992, in order to retain our right to appeal a develop~ent order amendment under Section 380.07, F.S. If you have any questions about this matter, please call Donna Foster in the Bureau of state Planning at (904) 488-4925. Sincerely, ~ ~ J. Thomas Beck, Chief Bure~u of stato Plnnning JTBjdlf cc: Ms. Sally Black (TCRPC) Hr. Alan J. Ciklin (applicant) r1r. Ken Tucker '. ,j treOlure co~t regional planniog 1992 council Mr. David Kovacs, Director Department of Planning & Zoning city of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 subject: June 9, 1992, letter concerning Waterford Place Development of Regional Impact Dear Mr. Kovacs: Enclosed please find a corrected copy of our letter dated June 9, 1992, concerning the revised notification of proposed change to the Waterford Place Development of Regional Impact (DRI). The original letter contained typographical errors. Please also note the copy list which was inadvertently omitted from the original. Staff attended the February 25, 1992, hearing, therefore, Council's right to appeal any development order amendment resulting from the continuation of the hearing is preserved under section 380.06(19)(f)6 without staff attending the reconvened public hearing on Tuesday, June 23, 1992. It was thought that the Department of Community Affairs (DCA) would issue a letter before the February hearing indicating how the proposed change might affect their previous conclusion that development of the 25 acres adjacent to the DRI was not a substantial deviation to the DRI. Therefore, Council did not provide detailed comments on the 25 acre parcel: instead they deferred to DCA on that issue. The potential regional impacts of the retail development of the 25 acre parcel are clearly substantial. This remains an unresolved concern in the absence of a binding determination by DCA. Should you have any further questions, please do not hesitate to call. ~.-o.,...~,...., ~.. .-4'-. ,~.., ',"ll \ DMC: sk . . , '...,_~~ Enclosure f;r/) \ .. l t 4' '- cc: Alan Ciklin Havert Fenn " . -.- ,;\'>~(':" ~. Donna Foster Mary Mccarty PI.;~ ',< .:.,., _ 3228 S,w. martin downs blvd. suite 205 . p,o. box 1529 palm city, "orlda 34990 phone (407) 221-4060 sc 269.4060 fax (407) 221-4067 " . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~TY MANAGER SUBJECT: AGENDA ITEM:tt lOA - MEETING OF JUNE 23. 1992 DETERMINATION OF SUBSTANTIAL DEVIATION/WATERFORD D.R.I. DATE: June 19, 1992 This item was before the City Commission in February 1992, at which time it was continued. It was later withdrawn and a revised petition submi tted. The purpose of this public hearing is to determine whether the addition of Builder's Square to the Delint/Waterford DRI and deletion of certain other land uses constitutes a substantial deviation from the approved Development of Regional Impact (DRI). The original project included three uses: a large core office park flanked by a hotel and residential development. It was conceived as a large employment center. The approved residential units have been completed; however, neither the office nor hotel development have been pursued in the seven years since the DRI was approved. The revised petition reduces the amount of office research space; provides for a traffic connection between the retail building and Lindell Boulevard; and provides a landscape buffer along the northern boundary of the DRI. The proposed changes involve: -elimination of the hotel -reduction of the office/research land use from 811,736 square feet to 459,455 square feet -addition of a single tenant 107,400 square foot retail use (Builder's Square) The Planning and Zoning Director, pursuant to delegated authority, has determined that the proposed changes are presumed to constitute a substantial deviation, and as such, are subject to further development of regional impact review. The Planning and Zoning Board at their June 15th meeting recommended (3-2 vote) that the Commission determine that the proposed changes constitute a substantial deviation. A detailed staff report is attached as backup material for this item. Recommend consideration of the Determination of Substantial Deviation for the Waterford D.R.I. " ,,' . . I i C I T Y COM MIS S ION DOC U MEN TAT ION TO: HARDEN, CITY MANAGER t-.) lSu Ge~ ~ FROM: VID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JUNE 23, 1992 DETERMINATION OF SUBSTANTIAL DEVIATION WITH RESPECT TO THE WATERFORD DRI ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of determininq whether or not proposed chanqes to a DR! constitutes a substantial deviation. The procedures, criteria, and implications of this determination are found in F.S. Chapter 380, Subsection (19), Substantial Deviations. The Waterford DRI involves the following property: * Waterford Apartments (constructed); * Office/Research Park, infrastructure installed, no construction of buildings; * Hotel (not constructed). The proposed changes include: * Reduction of the office/research floor area from 811,736 sq. ft. to 459,455 sq. ft. (reduction of 352,281 sq. ft. ) ; * Elimination of the 250 room hotel on 9.06 acres; and * Addition of an approximate 107,400 sq.ft., single tenant retail building on approximately 11.25 acres. BACKGROUND: This item was before the City Commission in February at which time it was continued. It was later withdrawn and a revised petition was submitted. The revised petition further reduced the amount of office/research space (per the above description); provides for a traffic connection between the retail building and Lindell Boulevard; and provides a landscape buffer along the northern boundary of the DRI. '. .., . city Commission Documentation Determination of Substantial Deviation with Respect to the Waterford DRI Page 2 The following items, which further described the item before the Commission, are included as attachments to this documentation: * P&Z Staff Report of June 15, 1992; * P&Z Staff Report of February 24, 1992; * P&Z Staff Report of February 10, 1992. This document sets forth the criteria to be assessed and the Director's position on each; * Subsection (19) SUBSTANTIAL DEVIATIONS of Chapter 380; * TCRPC letter of June 9, 1992; * Ciklin letters of June 12, 1992. There is a significant difference between the City Administration (Director of Planning and City Attorney) and the agent (Ciklin) for the property owner as to how to address the matter. Mr. Ciklin argues that it is really DCA which makes the determination and; due to their absence, and the fact they have not stated that the changes do constitute a substantial deviation, the proposed changes are not a substantial deviation. The Administration argues that DCA involvement is only to the extent that they preserve their right to appeal any subsequent development order; and, that the decision on the question of substantial deviation is made by local government. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of June 15th anrl, on a 3-2 vote, recommended that the City Commission determine that the proposed changes constitute a substantial deviation and that given the potential impacts of the proposed change in consideration of previous changes and changes which are likely to follow, further DRI review is appropriate prior to taking a definitive action on the related development (order) application. And, that the items to be reviewed by TcPRc include, at a minimum: * traffic; * commercial (retail) market area saturation; * employment implications; * housing/jobs balance; * design integration of the DRI uses; * energy conservation considerations in design. RECOMMENDED ACTION: By motion, find that the proposed change constitutes a substantial deviation to the Waterford DRI and that further development of regional impact review as recommended by the Planning and Zoning Board be made. Attachments * Per the Above Discussion .. '", I PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: QANNING AND ZONING BOARD ~j ~U~~ THRU: VID J. KOVACS, DIRECTOR OF PLANNING AND ZONING FROM: JOHN WALKER PROJECT COORDINATOR RE: REGULAR MEETING OF JUNE 15, 1992 DETERMINATION OF SUBSTANTIAL DEVIATION, DELINT/WATERFORD DRI I T E M B E FOR E THE BOA R D: The item before the Board is that of making a recommendation to the City Commission as to whether or not the proposed changes to the DELINT/WATERFORD DRI constitute a "substantial deviation" and, thus, require further ~ _ development of regional impact review. The action before the Board is not a decision upon the Builders Square site plan but is upon the procedure to be followed and the items to be addressed in review, analysis, and decision-making as it pertains to the proposed changes. B A C K G R 0 U N D: This item was originally submitted December 6, 1991. Staff reports were prepared and the item was scheduled for Board consideration on February 10, 1992 and February 24, 1992. In each case the item was postponed at the request of the applicant. In a letter of March 13, 1992, the applicant requested a temporary withdrawal from the public hearing process. A revised notification of proposed change to the Delint/ Waterford DRI, dated May 21, 1992 has been received. Based on the 'revised notification, staff has advertised a public hearing on the determination of substantial deviation before the City CommisSion for June 23, 1992. The revisions in this latest submittal include: A further decrease in the proposed office component from 578,763 SF to 459,455 SF. A direct road connection from the proposed retail use to SW 10th Avenue. ~b. ., P&Z Staff Report Determination of Substantial Deviation, Delint/Waterford DRI Page 2 Pedestrian access throughout the Delint/Waterford DRI. Increased buffering associated with the proposed retail use. These revisions now result in a proposed modification to the previously approved Delint/Waterford DRI involving the deletion of the 250 room hotel, a decrease in the office component of 352,308 SF and the addition of 107,400 SF of retail development. Staff has reviewed the revisions to the proposed modification. These revisions center on traffic considerations and attempt to reduce the impact of the proposed retail use on the Waterford Place/Linton Boulevard intersection. The applicant's revised traffic report contends that the road connection to SW 10th Avenue will reduce the retail traffic on Waterford Place by "as much as 32%" but will "most probably be approximately 20-22%". Staff assessment is that, even with the latest revision, there is still a greater than 15% increase in the traffic using Waterford Place and its intersection with Linton Boulevard. It is the staff's opinion that the changes in the latest revision to the proposed modification contain nothing to change our original assessment of this item. Therefore, the --- discussions and recommendations contained in the previous staff reports of February 10, 1992 and February 24, 1992 remain in effect. R E COM MEN D E D ACT ION: By motion, recommend one of the three actions as presented on pages 12 and 13 of the February 10, 1992 staff report. Report prepared by: Reviewed by DJK on: ~L- JW/T:BLDGSQ1.DOC " PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: JOHN WALKER PROJECT COORDINATOR FROM: GREG LUTTRELL TRAFFIC ENGINEER RE: WATERFORD PLACE DRI (BUILDER'S SQUARE) REVISED TRAFFIC REPORT DATE: JUNE 10, 1992 We have received a revised traffic report for the referenced project. This revised report is dated April 1992 and was prepared by Kimley-Horn and Associates, Inc. The study analyses traffic based on a street connection between the Builder's Square site to S. W . 10th Avenue. This new connection is projected to reduce the Builder's Square traffic on Waterford Place by "as much as 32 percent" but will "most probably be approximately 20-22 percent (page 12 of the revised traffic study) . Twenty percent of the projected Builder's Square daily traffic is 911 trips. The study examines the p.m. peak hour operations of the Water ford Place/Linton Boulevard intersection. The submitted analysis projects the intersection to operate at a near capacity condition. This analysis assumes an isolated signalized intersection. The intersection of Waterford Place/Linton Boulevard is part of an interconnected signal system from Congress Avenue to S.W. 10th Avenue. Results of an intersection capacity/operation s analysis may differ when the adjacent signals are taken into account. The revised study does not address changes in background traffic growth compared to those used in the earlier DRI traffic assessments. The study states that the project is vested relative to County Traffic Standards since approval was granted prior to February 1, 1990. The study also states that since the proposed project (Builder's Square and reductions in office and motel) reduces the impact on all road links, "there are no specific link impacts which need to be reviewed" (page 13 of the revised traffic study) . There is however, no mention of the actual buildout time frame for the project. This becomes necessary, as development order requirements were based on project impacts relative to future traffic projections. 'I P&Z Staff Report Proposed Modifications to the Delint/Waterford D.R.I. Page 2 , OVERVIEW OF THE WATERFORD (DELINT) D.R.I. PROJECT: The DELINT DRI: The initial submittal for the Delint DRI was made in 1984. A Development Order (Resolution 149-85) approving the project was issued 5/28/85. This order incorporated the previously approved SAD (Ordinance 179-84) and approved development consisting of 811,763 sq. ft. of office, a 250 room hotel, and 236 multl-family residential units. A detailed site plan was referenced for the proposed development. Modifications have been made as follows: * The thresholds for requiring various road improvements, originally tied to unit count or square footage, were changed to traffic generation. * Construction of a right turn lane on S.W. 10th Avenue at Lindell Boulevard was deferred. * The original detailed site plan was replaced by a conceptual master development plan, showing the same uses initially proposed. * Access to the hotel was relocated to Waterford Place from Lindell Boulevard * The name was changed from DELINT to WATERFORD. The residential portion (Waterford Apartments) has been completed. Substantial infrastructure has been installed on the balance of the site. No buildings have been constructed on the hotel or office (R&D) portions. Development of Adjacent Property: Twenty-five (25) acres adjacent to the northern boundary of the DRI have been developed subsequent to the approval of the DRI. There has been a role, on behalf of the owner of Waterford DRI, in the development of those properties. In 1985 a site plan was submitted for hotel, office and minor retail components on the entire 25 acres. That site plan was later withdrawn and replaced with office/retail at about a 2:1 mix (CRJ Mall). The site plan, approved 9/24/85, took access from Linton Boulevard and S.W. 10th Avenue and did not interact with the DRI. The 25 acre parcel was purchased by the developers of the DRI sometime in 1987. 'I . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: FEBRUARY 24, 1992 AGENDA ITEM: IV.B. Determination ot Substantial Deviation, DELINT/WATERFORD D.R.I. ITEM BEFORE THE BOARD: The item before the Board is that of makinq a recommendation to the City Commission as to whether or not proposed changes to the DELINT/WATERFORD D.R.I. constitutes a "substantial deviation" and, thus, require. turther development of regional impact review. The action before the Board i. not a decision upon the Builders Square site plan but is upon the procedure to be followed and the items to be addressed in review, analysis, and decision-making as it pertains to the proposed changes. BACKGROUND: This item was before the Board on February 10th, but was postponed by the request of the applicant. A public hearing on the determination is set before the City Commission on Tuesday, February 25th. Subsequent to February 10th, I have communicated to the D.C.A.; the City Attorney and the applicant's attorney have corresponded. These communications were focussed upon what can, and what cannot, be used as a criteria for determining substantial deviation. The City Attorney is still deliberating his position. However, the applicant's attorney in his letter of February 12th concurs with the Director's position that the substantial deviation issued can be addressed by Subsections (a), (b13) (b1S-17), (c), and (e). As stated in our previous staff report, we have cited the following subsections: * (a) a "reasonable likelihood" of additional regional impact; * (bi5) a greater than 15' change in the increase of vehicle trips using Waterford Place and its intersection with Linton Boulevard; * (e)(3) the addition of a new land use; * (e)(4) consideration of previous changes; ITEM: IV.B. 'r P&Z Staff Report proposed Modifications to the Delint/Waterford D.R.I. Page 4 deviations and therefore require a determination by the City Commission as to whether the change constitutes a substantial deviation. The Planning Director, by letter of January 6, 1992, informed the app1 icant that the changes exceeded the criteria and a formal determination by the City Commission would be necessary. 12: A proposed change which is clearly a substantial deviation is not subject to a public hearing, and proceeds directly to further development-of-regional-impact review. The criteria for making such a determination are found in subsection (19)(b). The Planning Director initially determined that such a situation exists (letter of January 6th) but upon review of information provided by the applicant (letter of January 17th) agreed that the cited criteria may be debatable. 13: A proposed change which does not fall into the previous categories is presumed to create, or not to create, a substantial deviation. Such a change is subject to a required public hearing at which the presumption may be rebutted by clear and convincing evidence. The hearing provisions are found in subsection ( 19)( f) . The criteria for making the final determination are found in subsections (19) (a), (c) ,,J(d)~(e...) The Director has determined that it is presumed that a substantial deviation does exist. Thus, he has proceeded wi th the public hearing review process. Pursuant to local policy the item has been placed before the Planning and Zoning Board for an advisory recommendation to the City Commission. If the proposed change requires further development-of-regional- impact review the following rules apply [subsection (l9)(g)]: * The review conducted by the regional planning agency shall address only those issues raised by the proposed change. * The regional planning agency shall consider, and the local government shall determine, whether to approve, approve with ~ conditions, or deny the proposed change as it relates to the ~ ~'~entire deve1opaent. If the local government determines that A~" the proposed change, as it relates to the entire development, ~ ~ ~~ is unacceptable, the local government shall deny the change. 'a~ ~' ~ If ... approved, any new conditions in the amendment to the ~~ development order issued by the local government shall ~ address only those issues raised by the proposed change. 'I PLANNING AND ZONING BOARD MEMORANDUM STAFP REPORT TO: PLANNING AND ZONING BOARD OF DELRAY BEACH FROM: DA ~~IWTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: SPECIAL MEETING OF FEBRUARY 10, 1992 CONSIDERATION OF WHETHER OR NOT PROPOSED MODIFICATIONS TO THE DELINT/WATERFORD D.R.I. CONSTITUTE A SUBSTANTIAL DEVIATION ITEM BEFORE THE BOARD: The action requested of the Board is that of review and recommendation to the City Commission ,on the question of whether proposed changes to the Waterford/Dellnt Development of Regional Impact (DRI) constitute a substantial deviation as defined by Florida Statutes Chapter 380.06(19). The proposed changes include the followinq: * the reduction of the office component from 811,736 sq. ft. on 37.72 acres to 578,736 sq. ft. on 35.53 acres (a decrease of 233,000 sq.ft.)j * the elimination of the 250 room hotel on 9.06 acres; * the addition of a 107,400 square foot building on 11.25 acres as a single tenant retail component. * there is no change to the residential component which has heretofore been constructed. This staff report consists of the following components: A. The Item Before the Board B. Brief overview of the Waterford D.R.I. Project C. Overview of the Modification Process D. Chronology of correspondence regarding the pending determination E. Staff assessment of applicable criteria F. Overall asse.sment G. Alternative courses of action '. .. P&Z Staff Report Proposed Modifications to the Delint/Waterford D.R.I. Page 6 January 6, 1992 Kovacs to Ciklin * Notification that a substantial deviation exists under F.S. Chapter 380, Section 19(b) and that further regional review must be conducted by TCRPC. * Statement that if DCA finds that the above criteria does not apply, the city will proceed with a public hearing to determine substantial deviation under Chapter 380 (19)(f)(3). Staff recommendation at such a hearing would be that a substantial deviation exists, based upon the interaction of the proposal with adjacent commercial parcels (Target and Circuit City) ; reconsideration of previous modifications; and subsections (19)(a)(e3)(e4) and (5c). January 17, 1992 Ciklin to Kovacs (This letter contains legal citations.) * Stating that proposed change is not automatically a substantial deviation. Further, that in his conversation with DCA, the proposed change is presumed not to to be substantial. * Statement that the only regional issue is traffic, which is irrelevant since the developer will adjust the office component such that there will be no increase in traffic. * statement that there is no aggregation with the adjacent Target and Circuit City parcels. Note: Previously, the applicant sought a determination from DCA regarding "aggregation" when the property to the north was in its planning stages. DCA replied ( letter of 9/29/87, copy attached) that based on the information provided, aggregation did not exist. The Planning Director notes that (a) the letter was non- binding, (b) DCA stated the situation may be reviewed if there was a material change to the projects involved, and (c) circumstances have changed. January 24, 1992 Kovacs to Cik1in * Acceptance by the City that ~proposed change may not automatically be a substantial deviation. * Notification that City will proceed with a public hearing. * Confirmation that February 11, the first available date for the hearing, is too early for Ciklin and requesting notification of his preferred date. Also notification that a delay in the public hearing may jeopardize the developer's desire for a March determination on the SAD '. P&Z Staff Report Proposed Modifications to the Delint/Waterford D.R.I. Page 7 modification since staff will not begin the logistics of the SAD hearing until City Commission acts on the DRI determination. . January 24, 1992 Ciklin to Kovacs * Statement that substantial deviation determination is rather simple and based solely on traffic. Therefore the determination, SAD, and site plan approval should be addressed at the same time. * Request to address all approvals at the same hearing to be scheduled immediately and agreement to waive notice requirements. January 27, 1992 Kovacs to Ciklin * Statement that combining substantial deviation determination, SAD modification and site plan approval into one meeting is not appropriate. Under F.S. 380 determination of substantial deviation is clearly a separate action. * Disagreement that decision should be based solely on traffic. * Notification that public hearing at City Commission is set for February 25, 1992 and that Planning and Zoning Board will review the question of substantial deviation on February 10, 1992 to provide recommendation to City Commission. * Notification that a public hearing on the SAD amendment before Planning and Zoning Board will be held March 16, 1992. January 30, 1992 Ciklin to Kovacs * Restatement of the contention that determination of substantial deviation, SAD amendment and site plan approval should all occur at the same meeting and that traffic is the only regional issue. * Request that the determination question not be taken to Planning and Zoning Board. February 3, 1992 Kovacs to Ciklin * Declines requests and refutes statements in Ciklin' s letter of January 30, 1992. '. P&Z Staff Report Proposed Modifications to the Delint/Waterford D.R.I. Page 8 February 3, 1992 Kovacs to TCRPC * Notification of the public hearing. February 3, 1992 Kovacs to DCA * Notification of the public hearing. February 4, 1992 Ciklin to Kovacs * Acceptance of separate hearing to determine substantial deviation. * Statement that bringing the item before Planning and Zoning Board is inappropriate and will prejudice Ciklin's client. * Request to reschedule hearing of March 16 for the SAD amendment. February 5, 1992 Kovacs to Ciklin * Affirmation of meetings regarding substantial deviation determination. * Deferral of public hearing date for the SAD modification. ASSESSMENT OF APPLICABLE CRITERIA The following sets forth the staff basis for determining that the proposed changes presume a substantial modification to the approved DRI. For Boar~er convenience~ a cited statute subsection is provided for each relevant criteria. (19)(a) Any proposed change to a previously approved development which creates .. reasonable likelihood, of additional regional impact, or any type of regional impact created by the change not previously reviewed by the regional planninq agency, shall constitute a substantial deviation and shall cause the development to be subject to further development-of-reqlonal- impact review. This criteria is very broad. Essentially it allows the City to declare that a reasonable likelihood of additional regional impacts exist. If this criteria is used, the category of impact should be identified. A review of the original DRI application will be made and an oral report of findings, if any, will be made at the Board's meeting. '1 P&Z Staff Report Proposed Modifications to the Delint/Waterford D.R.I. Page 9 - (19)(b)(10) An increase in commercial development by six acres of land or by 50,000 sq. ft. of gross floor area area, or of parking spaces provided for customers for 300 cars or as-percent increase of any of these, which ever is greater constitutes a substantial deviation. Ciklin letter of January 17th argues that this criteria does not apply because the proposed use (retail) is new and, thus, does not constitute an increase of a previously approved use. Kovacs has accepted a position that a substantial deviation is not automatically created. He defers this criteria to the argument under subsection (19)(e)(3). Kurtz feels that this criteria, alone, necessitates a finding of substantial deviation. (19)(b)(15) A 15' increase in the number of external vehicle trips generated~evelOpmel1t, above that which was projected durHlq the.' 0 development-of-reqional-impact. review constitutes a substantial deviation. Ciklin argues that for the new commercial use there is a compensating decrease in office (R&D) use so that there will be no net change (or a decrease) in vehicle trips generated. Kovacs has determined that while the absolute number of trips may be the same (or decrease), the point of egress of these trips on the street system is changed; and that a greater than 15% increase in trips onto Waterford Place, and at the intersection of Waterford Place and Linton Boulevard will occur. (e) (3) Any addition of land not previously reviewed or any change not specified in paragraph (b) or paragraph ec) shall be presumed to create a substantial change. This presumption may be rebutted by clear and convincing evidence. The proposed change adds 107,400 sq. ft. of retail space to this D.R.I. This increment of use addition exceeds the criteria cited in (b)(10). Further, with the access for the new retail use being shared with the primary access for Target and Circuit City there is an aggregation of 365,864 sq.ft.. A shopping center (or retail complex) of that magnitude is presumed to not be a substantial deviation; however, it is not declared to not b\ one. Due to the nearby commercial activity which utlllt~s the same regional traffic network and the same regiona retail market area, the Planning Director feels that a substantial deviation does exist. '1 P&Z Staff Report . proposed Modifications to the Delint/Waterford D.R.I. Page 10 (e) (4) The local government shall consider the previous and current proposed changes in deciding whether such changes cumulatively constitute a substantial deviation requiring further development-of-regional-impact review. A previous change involved providing public street access to the hotel site from Waterford Place. That change was supported on the basis of the relationship between the hotel and the approved office use (site plan) on the 6.7 acre parcel. Circumstances have changed with the change in use from office to retail (Circuit City). The previously allowed change would likely have not been accommodated if the Circuit City site plan instead of the office plan existed. (e) (Sa) A change proposed for 15' or more of the acreage to a land use not previously approved in the development order ...shall be presumed to create a substantial deviation. Changes of less than 15' shall not be presumed to create a substantial deviation. ... Either position may be rebutted by clear and convincing evidence. Ciklin argues that the presumption not to be a . substantial deviation applies because the new use does not exceed 15' of the acreage (actual number is 13.8'). Kovacs determines that substantial deviation exists because when one combines the new use area with the changes in use on the balance of the DRI, a portion of the DRI greatly in excess of 15' is affected by the change. (e) (5c) Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous increases and decreases of at least two of the uses within an authorized multi-use development of regional impact which was originally approved with three or more uses specified in 380.0651(3)(c), (d), (f) and (g) and residential use.... shall be presumed to be a substantial deviation. Such presumption may be rebutted by clear and convincing evidence. ~ ~ There is a simultaneous increase in commercial usage (107,400 1-1"~ ~"~ sq.ft.) and a decrease in office usage (233,000 sq.ft.) and a ~.~JT~ ~_~decrease in hotel use (250 rooms). ~ -Y ~ rJ; ~J: 'ilf~y~/((f 0 V ERA L LAS S E SSM E N T ~~-; It~s clear that it is appropriate to address the question of ~ whether or not a substantial deviation exists. Some of the criteria fall into the range where it is presumed that a substantial deviation does exist; and some where it is presumed that a substantial deviation does not exist. '1 . P&Z Staff Report Proposed Modifications to the Delint/Waterford D.R.I. Page 11 - -ro'~ ~ ht. ~ made by the Board is whether, in the The recommendation to be overall picture, there is a deviation from the original approval and that it is substantial enough to warrant further DRI review i.e. review, comment, and recommendation by the Treasure Coast Regional Planning Agency. And, if so, what are the items of regional impact. It is clear than one item is that of traffic. The applicant is preparing traffic studies to address this item. The traffic concerns pertain not only to total trip generation (which heretofore has been the thrust of the applicant's argument), but also~ .b: * impacts upon the intersection of Waterford Place and Linton Boulevard * impacts upon the functioning of the northbound off-ramp from 1-95. * impacts upon the residential collector street of Lindell Boulevard. Other items of regional significance could include: * Changes in the development period which was originally reviewed by TCRPC as being completed by 1990. * Changes in employment since the office (R&D) base and the hotel had an original projec~(l\of 4,120 permanent jobs. The 4,,$' changes show a projec~ loss of more than 1,200 employment '<9~~;; opportunities. Changes in the provision of housing which is reasonably -~ '^~ ~'<. accessible to location of employment. ~^ c-*'<~ Th~decrease in the office (R&D) component could well make "\ ) yJ Q; th component no longer viable. This would necessitate a v~ " further change in use. ~ , * The energy conservation measures identified in the DRI application and TCRPC report may noiz. longer be achievable given the proposed changes. * There will be a substantial modification to the lakes and drainage system. This will require SFWMD permit modifications. '1 P&Z Staff Report Proposed Modifications to the Delint/Waterford D.R.I. Page 12 other items of a local significance for which DRI review would be of benefit include: * A decrease of 233,000 sq. ft. of office (R&D) diminishes our available commerce development potential by approximately 10.6 acres. Such a decrease is significant in light of our Comprehensive Plan policy direction to retain land designated as commerce. * Appropriate design for the interface of the proposed commercial (retail) use and the balance of the DRI. * Impacts upon the local (regional?) distribution of retail commercial activity with regard to market areas and existing supply and demand considerations within those market areas. Conclusion: It appears that the Waterford DRI is drastically changing its character. The applicant wishes the City to view this change only as it affects the local street network. Assuming that the DELINT (now Waterford) DRl was a carefully planned integrated development of complimentary uses (residential, office, and hotel), the change which is proposed destroys any integrity of development. Accordingly, it may have substantial impacts in light of the items which are assessed during a DRI review. :'Glven the-"'tn't"II'Ity of thff'cir~~t.f~oDf the .proposedchanq8,7-it seems appropr1~te to seek further development-of-regional-lmpaet review. ALTERNATIVE COURSES OF ACTION The following alternative recommendations are available to the Board: 1- Recommend that given the potential impacts of the proposed change in consideration of previous changes and changes which are likely to follow, further DRI review is appropriate prior to taking a definitive action on the related development (order) application. And, that the items to be reviewed by TCRPC include: * traffic * commercial (retail) market area saturation * employment implications * housing/jobs balance * design integration of the DRI uses * energy conservation considerations in design - '1 . P&Z Staff Report Proposed Modifications to the Delint/Waterford D.R.I. Page 13 2. Recommend that given the changes in the character of the immediate area, subsequent to approval of the DRI, that the only item of significance is traffic and that it is adequately regulated by the County Traffic Performance Standards Ordinance and local regulations; thus, a substantial deviation does not exist and additional DRI review is not warranted. 3. Recommend that such a determination not be made until further information is available and that the City Commission defer action until the SAD modification and concurrent site plan all be before them. Attachments: location map F.S. 380.06(19) correspondence Notification of Proposed Change to the DRI T:BSDRIM2 '1 F .' !l)O 4' tl ... It C II c .. 3',130 44,720 0 LINTON ILYO. U,041 ,C:::(~-::J J- / te..e... e,m. . ~ u..o. ...." n""Qln , r- , / au.....;:. , ~ , ~' , / , WI I . wAflA'ORO DIU ~ I I /-- I / I / I L_ , -----J ! LEGEND FIGURE 1 33,0.' 1..1 AVERAGE DAILY TRAFFIC BUILDERS SQUARE -II. i LOCATION MAP Nor TO SCALI I---J U"... 'I Ch.380 LAND ANO WATER MANAGEMENT F.S .....ork .....,th un/,s 01 local governmenl In preparing and 'acl/,I/es 10 'he eldenl such lacillllCs arc nccess adoplfog lOCal Impact lee and Olller COfl'r'bull()l'l ordf. plovlde sate and adequale SetVices 10 lhe develop 'lances. (17) lOCAL MONlTORING._ The local goveln (I' NOlfce of Ihe adopllOn of a developmenl order or issumg Ihe development order is ptimar"y rcspar Ihe Subsequent mO(1I(ication 01 an adopled develop. lor mon,tor'ng Ihe developmenl and enlorcing lhe I menl order shall be recorded by Ihe developer. in sions 0' 'he deve/OPmenl order. lOCal govetOrr accOfdance Wllh s 28 m. wIth Ihc clerk 01 the CiICU" shall not issue any permits or apprOvals or prOVidE Courl lor each County in whIch the developmenl is ell tensrons of SCfVlCcs .f the devCIOper lads 10 act ,n located. The nolfce shall include a legal description of slant.a/ Compliance WIth the development Ofder. Ihe property cOvered by the order afld shall state I'.'hlCh (18, ANNuAL REPOATS._ The developer shall : unit 01 local governmenl adopted t~e deve/Opmenl mIl an annual reporl on 'he development 01 IOgl, order, tho dale 01 adoptIon, the dale 0' adoptIon of any impact to the local government, the regional planr mO(Micallons to the developmenl order, Ihe locatIon agency, the Slate land planning a~ency, and all alfcc where the adopled order wilh any modifICations may be perm,l agencies on the dale specified in lhe deve' examined, and Ihat the develOPment order COnshlules ment order. tf lhe annual repOrt is nol received. I a land deve/opmenl regulation applicable to Ihe prop. regionat planning agency Of Ihe slale land planni erly. The recOfding 01 Ihis notice shall nol conslflule a agency shall nol/fy lhe local govemmenl./f tho local 91 lien, ClOud, or encumbrance on rear property, or aclual ernmenl does nol recclVe Ihe annual report 01 rcce,v or Cons/ruclive nOlice of any SUCh tien. Cloud, or encum. nOllllcaIJon thaI lhe regional plannmg agency or tl branee. ThIS paragraph applIes only 10 developments slale land ptanning agency has not recc/ved lhe rcpo. inilially approved under this Section aller July'. '980. lhe local govemment shall requeSI in w""ng thaI It (g) " Ihe property IS annexed by anolher local jUflS. de. eloper subm/llhe report wllhin 30 days. The la,lur diClion, Ihe annexing jurisdiction Shall adopt a ne..... 10 submIt the reporl afler 30 days Shall resull In the ler- development order Ihat incorporates ail preVlOUS nghls porary SUSpension 01 the development order by the 'oc, and obligations Specilied In the pr,or de1elopmenl Older. gover n~f1L ="'''' .... (IS, CREDITS AGAINST LOCAL IMPACT FEES._ (l~",~.~r~~oeVlAJIONS._ ! (a, 1/ Ihe development order requrres the developer (a .,,/W.'t ptoposed change IQ. PeJl:iQuslyapprove 10 conlribule land or a PUbhe laCllily or conS/rUCl, devc~1 wt)Icb~'''~IlhOOd ( expand. or pay for land aCQu'sition or construclion or addlli~~~QfOn'lilftpacf;~lype 01 region. eXpansion 01 a public lacifity, or portion thereof. and the impacf cre~ed by. the CIiingi:no. Pfe~ry revlewe developer is also Subject by 10000r ord''lance 10 impacI by thereglOOal Planning agency. shan COOstllute a suI lees or exactions to meet the same needs. the local gO\l. slantlafdeiiation and $~H cause the devcloPmenllo t. emmenl Shall establish and impremenl a procedure that Subjecl fO"furlh~ d~~nf-o'-re9ional_impa( revIew. credils a developmenl order exaction Of lee toward an (b) Any prOPOsed Change 10 a prev'OUsly apprOve, impacI fee or exaclron impOsed by local ordInance '01 del'elopment 01 legiona/lmpacl Of develOPmen' OIdc Ihe same need; however. if Ihe Florida land and Waler Condrt/on which, erlher indIVIdually or cumulalrvely WIt AdjUdicatory CommiSSion impOses any additional orher changes, eJlceeds any 01 the following cntella sh.1 requirement. Ihe local governmenl s'1a'l nol be requir~d COnSllrule a subSlanllal deviation and shall cause t" to grant a crediltoward Ihe lOCal ellactl()l'l Of impact fee del-'e1opmenl 10 be Subjecllo lurther deve/opmenl_ol unless the local governmenl determInes thaI Such regIonal-Impact revIew w'lhout Ihe necess,ty lor a rm( required contribution. payment, or COOslrocl,on meets Ing 01 same by Ihe focal governmenl: Ihe same need thaI the local eXaclton Of Impacl 'ee 1. An increase in Ihe number 01 parkrng spaces < WOUld address. an allraction Of recreational faCility by 5 percenl Of X, (b' If the local governmenl imposes or inc/eases an spaces. whichever is greater, 01 an Increase in Ihe nUr> impacI fee Of exaclion by local Ofdrnance after a deve/. ber 01 SPeclalors Ihal may be accommoclalM at SUCh opmenl Ofder has been iSsued. Ihe developer may peli- laC/lily by 5 percenl or 1.000 SpeclalOfs. WhIChever lion Ihe local governmenl. and lhe local governmenl grealer. shall mOdIfy Ihe affected provisions of Ihe developmenl 2. A new runway, a new lerminal faCilily, a Ie order 10 give the developer cred,t for any ContributIon of percenl expansion 10 an exiSllng runway. Of a 20 land lor a pUblic lac'hty. or ConslruChon. ellpanSlon, 01 percent ,ncrease;n Ihe flOOr area 0' an exishng telmlna cont/ibulion 01 lunds for land acqUiSllion Of Conslructron 3 An Inclease In lhe number 01 hOSp/lat beds by or expansion of a public faCI/lly. or a pOrhon thereof, percenl or 60 beds, WhIChever IS greater. reQoired by Ihe development order 10.... aId an Impact lee 4. An increase In mduSI"al development area by or cxaclton 'or Ihe same nced PC'lcent or 32 acres. wll/chev/)( IS gle"'cr (C) The localgovc/ornent and the developer may 5 An Increolse In Iho avcrage anllual .1c1e;l9 enter into capItal contftbulfon Iront-endlng agreements mmed by 5 percent Or to acres. whIChever,s greater, c- as parI of a development-Of-reg'ona/_,mpact del-elop. an increase In Ihe average daily water consUmpllon b men I order 10 reimburse the developer. or hIS successor, a mining operat/oo by 5 percent or 300.000 ga/lon~ fOf vo/unlary Contftbutlons pa'd In excess of hIS fall Voh'Chcver IS glealer. An increase In Ihe size ollhe m".. share. by 5 Percent or 7~ acres. wh,chevel IS less. (d) This subsecllon does no! apply to 'nternal, onsile S. An increase in land alea lor offICe developmer 'aClllties required by local reg'J1at1ons or '.0 any oflsile by 5 percenl Of 6 ac~es, WhIChever is greater. Of a 1200 - " LAND AND WATER MANAGEMEHT Ch. 380 ase of gross f100f area 01 office developmenl by 5 (d) A change in the plan 01 development of an cent or 60.000 gross square feet. whichever is approved de..e'C'pment 01 regIonal .mpacl resull.ng from aler. requiremenlS '"'posed by (he Deparlment 01 EnVtfon. 1. An increase in the storage capacity for chcmical menial Regulallon. Ihe Department 01 Natural CI petroleum storage facilities by 5 percent. 20,(0) bar. Resources. 01 any waler managemenl dlstflCt created rels. or 7 million pounds, whichever is greater. by s. 373009 01 any 01 Iheir succeSSOt agencIes or by 8. An increase of development at a waterport 01 wel any apptopflClte ledcral regulatory agency shall be sub. storage fOf' 20 walercrall. dry slorage lor 30 walercrall. tTlllled 10 the local go\crnmenl putsuanllo this subsec. or wet/dry stOtage fOt 00 watercraft in an area ,dent,lied tion. The change shall be presumed nollo Ctealc a sub. in the state marina siting plan as an appropriate site for stantial devlatlOO subject to lurlhef developmcnt-ol- additional water porI development or a 5-percent regionaJ-i~ct reVlCW. The ptesumpllOO may be rebut. increase in watercrall slorage capacity. whichever IS ted by clear a"<1 conVIncing evidence allhe public hear. greater. ing held by the local government. 9. An increase in lhe number 01 dwelling units by 5 (e) 1. A ptoposed change which. ellher individually percent Of' 50 dwelling units, whichever is greate,. Of. if there ....ere previous changes. cumulalively WIth 10. An increase in commercial development by 6 those changes. is equal 10 Of e J(ceeds 40 percenC of any acres of land area Of by 50,(0) square feet of gross nO<)( numerIcal erller.on in subparagraphs (b)t-1S.. buC area. Of' of parking spaces provided for customers lor which does not eJ(ceed such clltellon. shall be pre. 300 cars Of' a 5-percent increase of any ollhese. which- sumed not 10 creale a subslanlial de~-ia"on subject to ever is greater. further de\e'opmenl-ol-reg'onal-impact review. .The 11. An increase in holel or molel facility unlls by 5 presumptiorl may be rebulled by clear and convincing percent Of' 75 units, whichever is grealer. eVIdence at the pubhc hearIng held by lhe local govern- 12. An increase in a recrealional vehicle park area by ment puIst:anllo subparagraph (1)5. 5 percent or 100 vehicle spaces, whichever is less. 2. Except fOf a developmenl order rendered pursu- 13. A decrease in lhe area set aside fOt open space ant to sub$.ecttOfl (22) Of subseclion (25). a proposed of 5 percenC or 20 acres. whichever is less. change which. either individually Of. if lhere were prey;. 14. A proposed increase to an approved mullluse ous changes. CtJmu1a/ively wllh those changes, is less development 01 regional impacl where lhe sum of the Ihan 40 percenl of any numencal cnterlOO .n subpara. increases of each land use as a percentage 01 the appli. graphs (b)1.-15. and does not exceed any other cllte- cable substanlial deviation crileria is equal 10 or exceeds non, Of wtlich involves an eJ(tension of the date 01 build- 100 percent. The p(!rcenlage 01 any decrease In the out 01 a deve'opment Of pI1ase 01 a de.elopment by less amount of open space shall be treated as an Increase than 3 yeals. is not a subslanhal deVlallon and IS not for purposes of delermining when 100 percenl has been subject to a public healing pursuanl to subparagraph reached or exceeded. (1)3. Of a determlnallon pursuant to subparagraph (f)5. 15. A 15-percent increase in Ihe number 01 el(Iernal NollCe 01 ,he change shall be made 10 the regIonal plan. vehicle trips generaled by Ihe development above that ning councIl and the slale land planlltng agency by pro- which was projecled during lhe original development- vidi"9 Ihem ....'!h the in/ormatlOO reQulled In subpara. of-regional-impacl review. graph 4., including appropriate amendments to the 16. Any change which would result in development developrroent order. on IOfms 10 be adopled by the slale of any area which was specifically set aside in the appli- land planning agency by f\Jle. cation for development approval or in the development 3....~J:l'Jaddllton of I.and not prevIOUSly reViewed Of order for preservation Of speCial protection 01 endan- ~~~~~e~::~~::l~~:: gered or threatened planls or animals designaled as endangered, threatened. or speCies 01 special concern 1$ ptesUt1'1)tlOO may be rebul~byifllnd convinc. and lhei, habitat. primary dunes. or archaeological and ing e~nee. historical sites designated as significant by the DiVISIon 4. Any s\,;bmillal of a proposed change 10 a previ. of Historical Resources of the Department 01 State. The ously appro~'ed developmen' shan 'nclude a descrlpllOn further refinement of such areas by survey shall be con. of individual changes preVIOUsly made 10 lhe develop- sidered under sub-subparagraph (e)5.b. menl. incfud.ng changes. previou~ a oved by lhe (c) An extension 01 the date of buildout 01 a develop. local ~vernmenl. The~r'-"""":"" ",.~ :eonsider ment. or any phase thereof, by 5 or more years shall be th~:~~~Uffenf ~_..._ ....". mo presumed to create a subslantial deviation subJecl to '!i "u. . .. y.... ..~ nges c . rev' " sub- lurther development-of-regional-impact review. An stant~ ~~y;ar.on leQuulng fut.ther developmenl-of- exlension of the date of buildou'. or any phase Ihereof. regiona,t-impact rev.ew_ . '_H~' ...-. ! of 3 years or more bul less than 5 years shall be pre. 5. The fo."c.....,ng changes to an aJ:'provt'd develop- sumed not 10 create a substanltal devialion. These pre. ment 01 regoonal Impact shall be presumed to crcale a sumptions may be rebulled by clear and convincing evr- substa"!<al devlatlOO. Such ptesumptlOO may be rebul. dence at the public hearing held by the local govern- led by c'ear and con\'lnc,ng eVIdence. men\. For the purpose of calculaling when a buildout a. ~.change'proposed-Jof 15pelGenlorsnore of the date has been exceeded, the lime shall be lolled dUllng acreag~~,~~e~~~he the pendency 01 administrative Of judiCIal proceedIngs deVe!. .,~r. ~~~ ~~~~.,1. ..' nl relating to developmenl permits. '"~"~_":';;.._ &~,t~S!~* a,~~.i2'1~~',~.;..:..~:. 1~ -- '. Ch. 380 F.S. 1991 b. Excepl IOf Ihe lypeS 01 uses IIsled Itl svbpara. provISions 01 s 380 07. However. neither lhe regIOnal graph (b)16., any change which would result In Ihe planning agency not the state land planning agency may development 01 any area which was sDeClfocally sel appeal the local government decision if neither parlici- aSide In the apphcahon lOt developmenl approval ()I In paled a' Ihe local healIng. unl('ss the approved change the de....elopment ()(dcI IOf prcservatlon, bullers, Of' spe. IS subJei:t to the subs'anhal-deviation crileria Specified cial prolection. in<:ludlng habItat tOl plant and anllnal In sub-subparaglaph (e)5.c. Neither the stale land plan- species. archaeological and hislOf'i<;a1 sites. dunes. and n'ng agency nOt the regional planning agency may o'her special areas. appeal a change to a development order made pursuant c. NoIWllhslanding anyp~ovisroo 01 paragraph (b) 10 subparao,aph (e)2. fOf' developments 0' regional to the contrary, a p.1ltm",., ,.UI. Impact apploved alter January " 1980. unless the taneous ~~ascs, ". ' ' ' $, ,0' ..Sf.... .." the change would result in a significant impact to a reg.on- u..,w;lhif.!. an aut'!O'iUd. tnUltiuse, ~~e.;. , I 01 ally Slgn/frcant archaeological, hislorical, or natural r~Jmpaet)~iiginany' aDrr'th resoulce not prevlOU$ly idenhfied in the Of'iginal develop- three Otmoreuse$ ~~.4eO.~.,... ,....' ..' (f), ment-ol-reglOOal-lmpact review. a(:~)~~{_i~~~~~S'h~~~I;~~hbY (g):1I' ... ~ .~:~ ment ..' , , , . . rule standard fOfms fOf' submittal of proposed changes I' . .,jherev;ew' ., .'-. . .1PIe'rcAlow- ~."'.. ~ ..... to a previously approved development of regional ing...ffCMiOnal .,.. llQflS:. .-;;';""~J=i.', .. impact which may reqUIte lurther development-ol- 1. The deYelopmeTiFof-regionaT-impact review regional-impact review. AI a minimum, the slandard conducled by the apptopriale regional planning agency f()(m shall require lhe developer to provide the precise shall address only those issues raised by the proposed language which the de....eloper proposes 10 delete Of add change excepl as ptovided in subparagraph 2. as an amendment 10 Ihe de....elopment Ofder. 2. The regIonal planning agency shall consider, and 2. The developer shall submit Slmullaneously, 10 the local governmenl shall determine whelher to lhe local governmenl.lhe reglona' planning agency, and approve, applove Wllh COfl<:lItions, Of deny the proposed Ihe slale land planning agency Ihe requesl tOf approval change as /1 rclatesl/) Ihe enllre development. If lhe 01 a proposed change. local ..l_-_~ 3. No sooner than 30 days but no laler lhan 45 days aSil.~:~hi~~~~-"~ . . .. ,"'Pe....: aller submlltal by lhe developer 10 the local govern. lhe I6c:aI goveinmcnl shaH deny tho change. ment,lhe slate land plannmg agency. and the appropri, 3 11 the local government determines Ihat the pro- ale regional planning agency, the local government shall posed change. as il relates to the entire developmenl, give 15 days' nolice and schedule a public hearing to should be approved. any new con<:hlions in the amend. consider lhe change lhallhe developer asserts docs not menl to 'he de.e1opmcnt Ofder issued by the local gov. creale a subslanllal dev'allOll. emmenl shall address only lhose issues raised by lhe 4. The appropriate regiOf1aI planning agency or the proposed change. state land planning agency shall review the proposed 4. Deve10pmenl wllhin the previously approved change and may, in ils discrelion and Wllhin 30 days 01 developmenl 01 regIonal impacl may conlinue. as submlltal by Ihe developer 01 the requesl lOt approval approved. dUllng the development-ol-regional-impact 01 a change, advise the local government 01 "S intentioo reVIew I1l those portlOllS ollhe development which are to participale allhe pubhc hearing belOf'e lhe local gov. not aHecled by Ihe ptoposed change. ernmen!. A change which is subject to the subslantial (h) When IUllher development-of-regional-impact devlalion crileria specllied In sub-subparagraph (e)5c. re.'iew is reQulled because a subslanhal deviation has shall no' be subjecl 10 thiS reQUllemen!. been determined or admllted by Ihe developer, Ihe 5. At the pubhc healing. the local government shall amendment to the development ()(der issued by the determine whether the proposed change requires fur- local government shall be consistenl wilh the require. ther development-ol-reg1()(lal-impaCI reVlew. The pro- ments 01 subsec'lOIl (15) and shall be subject to the visions 01 paragraphs (a) and (e), the thresholds setlOf'th healing and appeal ptOVlSlons of S. 380.07. The slale in paragraph (b), and the presumpllOllS set tOfth rn para- land plannIng agency Of' the appropriate regional plan- graphs (c) and (d) and subparagraphs (e)1. and 3. shall ning agency need not partlcipale at the local hearing in be applicable in determining whether lurther develop- order to appeal a local government development order ment-ol-regional-impact review is required. issued pursuanl 10 thIS paragraph. 6. " the local government determines ,hat the pro- (20) VESTED RIGHTS.-Nothing in this sechon shall posed change does nol require lurther development- limit ()I modlly Ihe rlghls of any person to complele any of-regional-Impacl revIew and IS olherwise approved. development thaI has been authorized by regislrallon of or lIthe proposed change IS not subject to a hearing and a SUbdiVISIon pUIsuanl to chapter 498. by recOfdallon determination pursuanl 10 subparagraphs (1)3. and 5. pursuant 10 local SUbdiVISion pIal law, or by a bUilding and is otherwise approved. Ihe local governmenl Shall permit ()I olher au'hor'lahon to commence development issue an amendmenlto the developmenl OfdCf IncOtpo- on .....hICh 'here has been rehance and a change 01 pasi- rating the approved change and conditions of applovat tion and .....hlch reglstrahon or recOf'dation was accom. relaling to the change. The decisl()('l 01 the local govern. plished. ()I whICh permit Of aulhorizalion was issued, ment'o approve. with or WIthout CondlttQnS. Ot 10 deny pltOl to July 1. 1973. " a developer has, by his actions the proposed change Ihal Ihe developer asserts does in reliance on ptiot regulahons, oblained vesled or olher not require lurlher review Shall be subject 10 the appeal legal rights thaI in taw would have prevenled a local goy- 1210 . '. ..treQ/ure <~ COOlt regIonal plannl1)9 . . . ~ -':- >,'- ]) council v. June 9, 1992 f 1 :-~ 1992 J\~:~ ~ ..... I" ~. ,...: '..;!;' Mr. David Kovacs, Director PL"'~:\:\"":: ~-; _.'~ .,0. -" M .,. Department of Planning & Zoning ..,.~.j'---.'- -- City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 Subject: Waterford Place Department of Regional Impact Dear Mr. Kovacs: January 3, 1992, staff transmitted comments to you concerning the proposed change to the Water ford Place Development of Regional Impact (DRI). The proposed change was dated December 6, 1991, and submitted to Council by Alan J. Ciklin on December 9, 1991. Council took action at its February 21, 1992 meeting to ratify Staff's January 3, 1992, notification of intent to appear at the February 25, 1992, public hearing, and authorize voicing two issues of concern raised by the proposed change: 1) the impact the land use change from hotel/office to retail would have on regional roads and 2) whether the change, together with previous changes to the development on an adjacent 25-acre parcel and previous changes to Waterford Place DRI, dictated the need for review of the 25-acre development as a substantial deviation to the existing Water ford Place DRI. Since the public hearing, staff has received and reviewed additional traffic analysis and a revision to the notification of proposed change dated May 21, 1992 and submitted by Alan J. Ciklin on May 26, 1992. The revised proposed change decreases the office approval from 811,763 square feet (sf) to 459,455 sf, deletes approval for a 250-room hotel, adds 107,400 sf of retail use and modifies the Conceptual Master Plan to connect the proposed retail parcel to Lindell Boulevard. The reduction in office approval and reconnect ion of the proposed retail parcel to Lindell Boulevard addresses the traffic concerns associated with the land use change by 1) maintaining the same number of project generated external trips as under the original land use plan, and 2 ) providing an alternate route in and out of the retail parcel without 3228 s.w. martin downs bIvd. suite 205 . p.o. box 1529 palm cIty, florlda 34990 phone (407) 221-4060 sc 269-4060 fax (407) 221.4067 '. Mr. David Kovacs June 9, 1992 Page Two utilizing Waterford Place as the access route. Although not apparent in the traffic analyses submitted, the change in land use combined with the earlier change in access to Linton via Water ford Place Road was expected to adversely affect traffic flow. This is due to the close proximity of Waterford Place Road to the 1-95 ramps. Problems at the intersections of Linton Blvd./Waterford Place Road and Linton Blvd./I-95 were observed during site visits. The problems noted could be alleviated by providing the al ternate access. As a local issue the city may wish to address design aspects of the reconnection since it places two T intersections near each other. still unaddressed is the issue of how the 25-acre parcel should be treated given the cumulative changes to the DRI. This issue remains of concern since inclusion of the 25 acres would affect the assessment of project impacts. staff continues to recommend re-examination of the earlier determination by the Department of Community Affairs. Please transmit a certified copy of any development order amendment adopted by the City or notify Council if review is concluded and no amendment is forthcoming. If you have any questions, please call. sincerely, /:0 11M e /lfadc f1 Dan7:;'v'J:! Cary Executive Director DMC:sk cc: Donna Foster Alan Ciklin '. L.AW OF"F"lCES BOOSE CASEY CIKL.IN LUBITZ MARTENS McBANE a O'CONNEL.L. A PARTNERSHIP INCLUDING PROF"ESSIONAL ASSOCIATIONS .JOSEPH L. ACKERMAN. .JR. BRIAN B, .JOSLYN. P.A. PHILLIP D, O'CONNELL. SR. (lg07-1987) BRUCE G. ALEXANDER, P.A. GREGORY S. KINO - .JERALD S, BEER, P.A. CHARLES A, LUBITZ. 1".1'.. Of" COUNSEL WILLIAM R. BOOSE, ill, PI'.. EDWIN C. LUNSF'ORD .JOHN L. REMSEI'l .JOHN D. BOYKIN. P.A. RICHARD L. MARTENS. P.A. PATRICK.J. CASEY, PI'.. LOUIS R. McBANE. P.A. - ALAN .J. CI KLIN, PI'.. CLAUDIA M, McKENNA NORTHBRIDGE TOWER I . IgTH F"LOOR MICHAEL W, CONNORS MORRIS G. (SKIP) MILLER !51!5 NORTH F'LAGLER CRIVE ROBERT L. CRANE, PI'.. BRIAN M. O'CONNELL.. 1".1'.. WltaT PAL.M BEACH. FLORIDA 334101 LEE B. GORDON PHIL D. O'CONNELL, .JR.. 1".1'.. TELEPHONE (407) 832-5900 MIKEL D, GREENE .J. KORY PARKHURST TELECOPIER (407) 833-4209 LYNDA.J. HARRIS, 1".1'., .JOHN R. YOUNG. P.A. - DEBRA A. .JENKS LONNIE B. ZANGRILLO MAILING ADDRESS P.O. DRAWER Da.4eZe WEST PALM BEACH, F'L 33040Z-4eze June 12, 1992 VIAFAX 243-3774 . ~ ~~'\\ ,,"'. r' " .' . ~'. , Mr. David J. Kovacs, Director ,~ ~\ ,- ., ,. f ',' 0 .,. ',' Department of Planning & Zoning V;.;:':' ~~,' \~ \<')~.,' \ ~G city of De1ray Beach 100 N. W. 1st Avenue Delray Beach, Florida 33444 _. ,.....~ . ~ - . -- . ' - r ,,\.....:....'. \ Re: waterfordjSubstantial Deviation Issue t\./.," Dear David: ~"h i 1 e at tend ing a public hearing in Boynton Beach on Tuesday night, I was informed by another person in attendance that a Planning Board workshop meeting was held on Monday, and among the agenda items was the substantial deviation is su e . That person asked me why I was not in attendance. Needless to say, 1 am quite distu rbed that this workshop meeting was held, and the matter was discussed, and I was given no notice of the meeting. Forgetting for a moment about the potential legal problems, from strictly a nfairnessn standpoint, it is not appropriate for the planning Board to hear only one side of this is su e . This is compounded by the fact that your view of the issue differs from not only mine, but from the Department of Community Affairs' and Treasure Coast Regional Planning Council's. Your interpretation of Chapter 380, Florida Statutes, regarding substantial deviation issues has consistently departed from the stated policies of DCA. I do no t want to belabor the point; however, 1 do not believe it was appropriate to discuss my client's project without having provided me notice of the workshop. I can assure you that had 1 been so noticed, I would have been in attendance. Based on my failure to receive notice of the workshop meeting, I felt compelled to draft the attached letter, which I believe sets forth not only my view of how the substantial deviation issue is to be handled, but what I also believe is the DCA and Treasure Coast " " Mr. David J. Kovacs, Director Department of Planning & Zoning City of Delray Beach June 12, 1992 Page Two Regional Planning Council's opinion. Please make sure that a copy of this letter, as well as the attached is provided to both the Planning Board, at the same time you provide them with your staff report, and to the City Commission and Mayor. AJC/ag Enclosures 03156 ccs via Fax: David Harden, City Manager Tom Lynch, Mayor Mark Krail, Planning Board Chairman Tom McMurrian, Ocean Properties '. LAW OFFICES BOOSE CASEY CIKLIN LUBITZ MARTENS MCBANE a O'CONNELL A PARTNERSHIP INCLUDING PROF"ESSIONAL ASSOCIATIONS -.JOSEPH L ACKERMAN, -.JR. BRIAN B, .JOSLYN. P.A. PHILLIP D, O'CONNELL. SR. (1907-1987) BRUCE G. ALEXANDER, P.A. GREGORY S. KINO - -.JERALD S. BEER. P.A, CHARLES A. LUBITZ. P.A, OF" COUNSEL WILLIAM R. BOOSE. m. P.A. EDWIN C. LUNSF"ORD .JOHN L. REMSEN .JOHN D. BOYKIN. P.A. RICHARD L. MARTENS. P.A. PATRICK .J, CASEY. P.A. LOUIS R. McBANE. PA. - ALAN .J. CIKLIN, P A. CLAUDIA M. MCKENNA NORTHBRIDGE TOWER I . 19- F"LOOR MICHAEL W. CONNORS MORRIS G. (SKIP) MILLER SIS NORTH F'L.AGLER DRIVE ROBERT L. CRANE, P.A. BRIAN M. O'CONNELL. P.A. WEST PALM BEACH. FLORIDA 330401 LEE B. GORDON PHIL D. O'CONNELL. .JR.. PA. TELEPHONE (407) 832-5900 MIKEL O. GREENE .J. KORY PARKHURST TELECOPfER (407) 833-4209 LYNDA ..J. HARRIS. P.A. .JOHN R. YOUNG, P.A. - DEBRA A, .JENKS LONNIE B, ZANGRILLO MAILING ADDRESS P.O. DRAWER D246ze WEST PALM BEACH. F"L 330402-4626 June l2, 1992 Mayor and City Commission City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Water ford DRI/Substantial Deviation Issue Dear Mayor and City Commissioners: The Water ford project is an approved vested Development of Regional Impact, approved by the Delray City Council in 1985. The original approval is proposed to be changed to eliminate a 250 room hotel, to add a 107,000 square foot Builders Square, and to reduce the number of square feet in the office component, so that there is no increase in impacts, as a result of the change. Any proposed change to a previously approved Development of Regional Impact mu s t be reviewed under Section 380.06 (19) , Florida Statutes, to determine if the change constitutes a substantial deviation. A substantial deviation is a change which creates a reasonable likelihood of additional reqional impact, or any type of reqional impact created by the change, not previously reviewed by the Regional Planning Agency. Section 380.06(19) (b) sets forth certain criteria to be used in determining whether there is a substantial deviation. Although there has been some question by City staff as to which criteria may be applied, there is an official policy statement from the Department of Community Affairs (a copy being attached) which is determinative of the is su e . The DCA policy as to what criteria applies is: the addition of a new land use which was not previously approved can only be found to be a substantial deviation pursuant to paragraph (a) , Subparagraphs (b) 13., 15.-17., Paragraph (c) and Paragraph (e) . " Mayor and City Commission City of Delray Beach June 12, 1992 Page Two DCA, pursuant to Section 380.032, Florida Statutes, is the agency with the authority and duty to interpret the rules and implement their use. Both DCA and the Treasure Coast Regional Planning Council are required to review the requested change, and determine if there is a likelihood of additional regional impact. Based on their review they elect whether or not to participate in the substantial deviation public hearing. Both DCA and the Treasure Coast Regional planning Council have indicated to us that they will not participate in the substantial deviation hearing on June 15th. A copy of the Treasure Coast Regional Planning Council letter is attached. On April 27, 1992, a meeting was called in the City of De1ray Beach by the Treasure Coast Regional Planning Council staff. In attendance were representatives of the City (including the City Traffic Engineer), Palm Beach County Traffic Engineering, Florida Department of Transportation (FDOT), developer, and the Treasure Coast Regional Planning Council (including their traffic engineer). Each has been provided a copy of the traffic reports for the projected change, and the following facts are undisputed: 1. The proposed change to Water ford resu 1 ts in no increase in external trips; however, the project's existing trips will be spread out throughout the day, so as to reduce traffic during the rush hour in the morning, and the rush hour in the late afternoon. 2. The proposed change results in a reduction of A.M. peak hour trips (morning rush hou r ) for the Waterford project. With the existing approval, the trips are 1,257; the proposed change reduces them to 912. This is a 27% reduction. 3 . There is a reduction in P.M. peak hour trips (late afternoon rush hour) as a result of the proposed change. The reduction is from 1,196 trips to 982 trips. This is an 18% reduction. 4. The proposed change results in either the same impact or a reduction on all roadway links. 5. All roadway links will have a reduction in peak hour traffic. 6. The change meets Palm Beach County Traffic Performance Standards. 7. The proposed change has less traffic impact than the existing project. 'r Mayor and City Commission City of Delray Beach June 12, 1992 Page Three Based on DCA and Treasure Coast Regional Planning Council review, and the applicable criteria, the proposed change is not a substantial deviation. In a practical sense, it reduces the impacts of the Waterford DR1. . AJc/ag ccs: Chairman and Members of the Planning Board Thomas T. McMurrain " ~~;:T. 1...:= ;~:,11::. ":'rt="H:;'::' :-':'-l .... ::..= .;:- ~ : .. ,l.'.:_ ~'_ 11 :?:--~ ~1~: :: STAlL: OF flORIDA DEPARTMENT OF - COMMUNITY AFFAIRS '- ...OB MARTI NE Z DI \'lSlON OF LOCAL RESOURCE ~{ANAGE~iENT THOMAS G. PELH^~ ~~JiiX leX X X,lrH)C XlXU~J{ Oo..trnot ~c~rlt\ . - March 26, 1987 - m~~~~~~~l' I J ... I M E M 0 R A ~ D U ~: . ,. . r. ;. '-... -- ':- .... f ,...... . ~ \ " -. . .~ . . TO: DRI Sect ion tot'lR ~7 ,~.., -- Larry Keesey ~K-. DEPT OF CC'''' " ',. ..~~ THROUGH: . . }:t" .. I' ; 1 I.:, '. ~ :. GENERAL COUI1SEL'S OFfiCE FROM: Torn BeCkp , SUBJECT : SUbstantial Deviation Determinations Pursuant to diSCUSsions with Secretary Torn Pelham/ the /-'. Department's policies with regard to substantial deviation L determinations, as specified in Subsection 380.06(1?), Florida Statutes, are as follows: 1) In order to increase a particular land use, for the purposes of the "automatic" criteria in Su~para9raphs Cb) 1..12~ and 14., that USe must have been pre~iously approved in th~ Development of Regional Impact (ORI). The addition of a new land I USe which was not previously approved can only be found to be a substantial deviation pursuant to Paragraph (a), Subparagraphs - Cb) 13., 1S.-17., Paragraph (c) and Paragraph (e). 2) Subparagraph (b) 14.l for multi-use ORIs, Shall apply.1 only to increases in lan~ USes. Decreases are not counted. 3) ~~ere there have been several changes to a development plan since the original development order, the cumulative total, should always refer back to the original approval.' The only exception is when a previous amended development order added a new land Use. Further changes to this land use should refer to the amended order which first added the new Use. .:JTB/mdc . ---. .~ BUREAU OF LAND AND \\'ATER MANAGEMENT 2511 EX~~'TIVE CENTER CIRCLE. EAST . TALLAHASSEf, RORIDA 32301 (9:>4) 4&~.49Z5 '1 , . ;.... . L'_' . ~ . ~-o -- ~.- ~:.:.. -:"-- . - . - . - - - - ".-- ,.tnl1 UloiD ANO WUtR MANAGEMENT Ch. "Q (10) SUBS'AN'TlAL O(VIA'TIONS- U A ptopoUt1 ~rUse to .'" apploved ""vIii-VI. (.) My pt~d c~"Igt to . ptfvioOJ.1y a.ppro...ed de...elOplTttnl 0' reg'Ol'lAf Impact ~I"he lum Of 1he it'l. de....1opment which C1Ulll 1 rtUO~blf .keltl\OOd of CIU~U ot I/lch Ial'ld Ult U' pelotl\ta~ of the appl.c.& .(I(I.lio.....1 legion.' Impac1, or I"'Y typt of r'olol'l,1 1m. bit tvb.l.nlil' de...i.liol'l elllellt. " _qv.llo or ..~ed, plct CIUled by the ehlf'lge nol pt.~,I)' rlYltw.d by '00 perceot The percent.ge Of ,ny (Stetlate In tl'\e 1ht '.gionl' pllMlng .Otf'lCy. '''-I! eon,tilde a .ub.t.". .mounl of ope/\ Ipact thall be tr.atad a& 1/\ IncIUst WI de'lilllOn .M It\aP Clute t!'le devel~prne!'lt to be for pUlposes of delt/'trlln:"o wNn 100 perotlll has betl'l eubjtCl 10 further developmelll-of-t.gIOl\lI-lfl'Ipact re rUChed or elcteded . VlfW. '$. A 1$-percenllf'lcr.u. In the numbtl of ,derrll! (b) A propoud ChallQe to. po".vloutly l.pptovet1 <se. yehlclt (lips gel'ler"ed by lhe dtvelopmenl .bOve th., \ltlopment of regiol'll' impael or ~...elopmel\t Ofdfl con, Which was projec1e::f <Surln; !he origil'lll developfnel'\l- dltlon which ft\eel, 01 tlcttds any 01 fl'lt following of-r.g;ol\ll-Impaet I.VieW Ctitel" .",n coo"llut. . tubst.ntl&! de via lion .I\d 'h.ll '8 A cl\at'loe propose" fo' 15 I)treent Of mor. of the tau.. the developrne!'1 to be SubjeCI to further de...elop' ICr..~e ot.1'\ appl 0.... " dt...elopfTltnt Of re~ion.lltl'Ipl:1 rne"l~f-'egio"al-lmpacl review ..m'<)vt the htoeUlty to & !arid ute /'lOt pr.~ous'y approve" lrIlhe de'ltlop. IOf . 'iMIno of ,.me by the local govemn-.ent. ""t:nt ordel 1. M Iner'l5e in lhe numbe' of palklng apaces .t 17. My et\t"l~o 'NtIich wQul<S fesul' In de....lopment an .ltr.cliol'\ or ttcrea!iona! faeif:ty by S perCCl'lt 01 300 of '1'1)' .rea wtllch was tpeclf'c.&lIy Itl UICSe In the .pph. .paces. whichever is Q'U'.'. OII"1lnerease in the r'lU!T\' ~tlon for de...etop"ntl'\1 app'O....l Of iI'I the deve1opme"ll ber Of l!>tel.lor, fhal Ma'i be .ocornmod.ltd &I 'utl\ or!1ol for ptuerv.lioo. Me's Of apeeil~ ptOleclion, in. . facility by S perctl'll 0I1.~ lpeel.tors, wt'lIehe...er is c:1vd1ng hablt.1 'or p!.....( I"d &l\IInl' speeies, ,rch.eo- g'UIer. loQic.a1 '!'\d hislor"l liles. (Svnu, .~ other .uch ape. 2. A new runway. . new 'elmil'lll faeiltty. . 10- eial "UI percent 'lpal'l'lon 10 '1'1 .l(jS~I~ '\lI'IWly. Or . 20- 18 A p'oposecS c""'''Ot COt'lSistlng of ,imul1.n.()v, pelcent increase in the flW .r.. ''1'lisliflg telfl'llnal IncrflStS.r'Id deel,ues of II IUsl two of the uns wilh. 3 M iocl'He In 1he number of hospilal beds by S IrIln 'v(horil&~ multi-use dev.loplTIent of legion. I im. percenl Of tJ() beds., wtuehevtt it grnler, pact ~jch WIS orlgin.liy Ipproved with 11'11" Of fou' of ~. An itlcreUe 11"\ Mustria! deve1opme"l' ,Ita by 5 the types of \lIU Ipecif.eC! In parap..pt\$ percenl or 3Z acrts, wt\tche...e' is glUIer . 380 06S 1(3)1'). (d). (f), II'Id (o} only If the rewiOt\l' 1m. i'- 5. An incruse in 1he ave'.~e ,MIII' acreage paels Of (he 'I"II"Ioe tlCttO (ht ad...llle rt~.onal 1m. mined by 5 pelce"l 01 \0 aeles. whlche....r i, o'uler. 01 pa~~s Of 1('1e ollgi".at 1\J~I"IOI,Ztd CS....eloplTlt"ll 0' the ." inCrease If\ tr-.e a~er'ie d.,It ....llel ~on'vmplloll ~y p'OjeCI IS c"I"ged C'lIles ragiOl'tI' imp.CI, ..~icl'l . mining optrlltOl\ by perUI'l1 Of 3OO,0C() 0"(01'1'. ""e'e 1'101 pre""O'';$ly re"'lewtj by the 11_101'1'1 plll'lMlp whlet\ever is grUler A...., ./'\Clelst 11'1 t~ size ollhe m'ne 'we"c)' by S ptlCel'l1 or 75/J .cru, WtlICl"lev.' I' leu ,(e) A.... e~lel'l$.o"l of ~he d.~, o! bvi1do.Jt oIl delleio~. 6 An ,rlCluse il'llal\d I'n for off,ce oe.rlcD"l'\f~,' tne",1 b)' ~ o~ tnore YU~$ .....' be p~e5\1med 10 Crule . by S pelet"l or. 6 aClts ~IChevt' is ~'ute:. or 11'1 In. .",b~\al'll'" CSe~'iIIIO" tvbJeCI 10 f",I1I),' dellt~pm'''l- tru'e Of gross floor area Of of1'ce deve!op'Tle"l\ by ~ of-I'~'O"l.'.I:'r.pa:1 Ir""e~ Tht p'uumpl.on 1'\1)' be rf percelll or 60~ g'on s~.,l.'e fHI wtl,Che.e: '$ O'UI. bvltt~ b) tlear and CO",,r.ncinc tv,Oerlee II I"e puhllC .' ht"ll'IQ hel:j by Il'\e I~I' go.ernmel'll For Ihe plol'pc,e 7. Ar-. il\crU~r in I~ sl0rl_t ~Pil:j') b' chem.ca' 01 ctl;:",la:,"l~ ....."e". bu 'O;).;~ dale has ~n .~c..~ec or petroleoJm stora~f r':Ih\teS by S pe:c."'1 2'C.COJ e". the I.mf I!-,'" bt lolled dll'I:'I; the pell~el\cy Of Idm,nlS' rtls, Of ? "...Ihol'l pounds. wl'uCtle...f! .5 gru!er 11I"...e 01 'VOIC'.! prOCM.s,,,.S ,.f.ting to dht'Op~t'" e. An il\Clene of devt1cpmt:'l1 al a wllt.por1 Of wet pelm.., Ito'age for 20 wlle'CI.fl. dry "oII~e IC'! 30 wllt'CI,fl. ((1)' A propoSfCl tl\a"_e whiCh dots "O~ Meet 0' 01 'Nfl/dr, S!o!'ge for 60 ....a!flc'.'III'I III ,'ulde"lt.foed e..cee:1.ny of 1!'Ie ,r.l.'1I I.SltO 1/\ pJ'ag'aph (bl s"a'~ be in the 1~lle tl'Ilrine Slli~ p!a" IS .~ .pprop'llle I,le for p'u"me:f not 10 C'U~t I I..:bsll"hl' de~''''lo/\ sub,f:1 .~dll,o"a! w.te1po'l ee'.tfopment Of . S-ptlCfl'll /fl. to fvrll"le' dh.,lop"lle"\t-Of-re~()l'\I'-impa:1 re",.... l"e crease In walelCI,ft I~o"ge upa:ity, wtllche....r .s plfSU'TIpl.o" m.) be rtbulIe::l by elta: '''0 eo~..,l'Ic,t'\g grealer ....'del'\c' all"" pubhe hU'j"lg htlC1 bf 1he loea' gOlff'''' e An il\cluse it'I the f\vmbel of d.....el!ir.g u'"IS hy 5 mtl'll pe:Ctf\1 Of 50 dwflh"\g UI'\I~S. wf'\lc!'\ever IS Q'uler 2 A el'll"loe if'! the pIa" 01 csev"oplTle"\l 0' ." .~. 10 AI'I ll'\cltue ,1'1 commfrC'I! Cle...eopmef\l by 6 p'o...ed oe..e1oprnel'll of reg o~.l /trIpacl rfSu!I,I'\~ I.om IC'" ollal'\d ,rea 01 by SO oct) sQua'e f"1 of 0'0$$ floof le~>JI!emel'\ls il'\"lpo~e' b). tile Dtpartl"1fr\t 01 E 1'1....01'1 IrU. Or Of pa'king spaces p'Olll::le:j for CUl'O"T\erS 10' mel'llal ~egvllt,Or't. the Del:'trt!T\tl'l1 of N,I"r.! Re. 300 cars 01 5 pelcent. wt'uchevel " Orule, lourees Of '''1) w,'el mtn.gemt"'ll CSIStt'Ct tree~ed b)' 11. An 'IIClene In hOlel or Mole! Ilelloly ul'llts by 5 I 373 069 or a"y olll'\e:r '~CCfSSO! agenClfS or b)' '''y percelll or 7S un,'.. wtltChf...el is grUlel. applOplllte ffde'a' reo",lalory .gency ,hen be submll. 12 An incruse in. reerelllonal vth,clt per~ IltIt by led 10 Iht local ooverl'ltnel'll pur,uI"1 to this subsect'on & pelcenl or 100 vehiCle spaees. whic!')e..." is leu 1he chaf'\ge shall be plesl.lme~ nol to CIU" . lubSl.n. 13 A Cleclene in the I'" sel aSide for opet'l .pace tI,l de~'I'''ol''l sublec~ to fu'lhtl devt1opmen\-ol- Of !> Per~tt\l Of 20 aeffS. wh.che\'er IS It" regtotlll-lmpacl re "'ew 11'le p1tsumplton /'nl,. be lebul 11 ~ - -- - - - " " . . M E M 0 RAN DUM TO: RUTH SWANSON,SECRETARY 111 FROM: PLANNING DEPARTMENT RE: SCHEDULING OF A PUBLIC HEARING FOR THE DETERMINATION OF SUBSTANTIAL DEVIATION FOR WATERFORD/DELINT DRI DATE: MAY 28, 1992 The above item is scheduled for the June 23rd City Commission agenda. This item must be placed under the PUBLIC HEARING portion of the agenda. Attached is a copy of the advertisement for this item. The publication of this ad should follow your normal requirements for public hearing before the City Commission. Thanks. c: Alison MacGregor Harty, City Clerk '. [ITY DF DELHAY BEA[H 100 N ','i ls, AVENUE . DELRAY BEACH, FLORIDA 33444 . 407/243.7 = ~J NOTICE OF PUBLIC HEARING The City Commission of the City of Delray Beach will conduct a Public Hearing for the purpose of determining whether the proposed changes to a Previously Approved Development of Regional Impact (DRI) represents a Substantial Deviation as defined by FS 380.06(19)(f), and whether further development of regional impact review is required. The proposed modifications to the previously approved Waterford Place/Delint Development of Regional Impact (DR1) will involve the deletion of the approved 250 room hotel, a decrease of 352,308 square feet of office approval and the addition of 107,400 square feet of retail development. The Waterford Place/Delint DRI site lies south of Linton Boulevard and is bounded on the wes t by 1-95, on the north by Lindell Boulevard (if extended west) ; on the east by Lindell Boulevard and Dotterel Road; and on the south by Audubon Boulevard. The City Commission will conduct a Public Hearing on the Determination of Substantial Deviation to the Water ford Place/Delint Development of Regional Impact (DR1), on June 23, 1992, at 7:00 P.M.; in the City Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, for the purpose of receiving public comment on the proposed change. All interested citizens are invited to attend this public hearing and comment upon the proposed changes to the Delint DR1. The request may be inspected at the Planning Department Office, City Hall, lOO N.W. lst Avenue, Delray Beach, Florida 33444, Phone 407/243-7040, between the hours of 8:00 A.M. and 5:00 P.M. ; on weekdays (excluding holidays). 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 person(s) will need a record of these proceedings, and for this purpose such person(s) may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Publish: CITY OF DELRAY BEACH Delray Beach News Alison MacGregor Harty June 12, 1992 City Clerk THE EFFOF:T ALWAYS MATTERS " '. ';'/- - - -POSTPOnEb +0 3fCJ4 J9d. r>i) .3 - d voTE- (.If/pee-in +- 1}{)/)efu)5 dt'SS&lT/n9) PLANNING AND ZONING BOARD MEMORANDUM TO: MAYOR & CITY COMMISSIONERS CITY OF DELRAY BEACH T. HARDEN, CITY MANAGERffrv1 FROM: ID J. ~V*UD~ DEPARTMENT OF PLANNING AND ZONING DATE: FEBRUARY 25, 1992 SUBJECT: WATERFORD D.R.l. - SUBSTANTIAL DEVIATION PLANNING AND ZONING BOARD RECOMMENDATION At its meeting of last night (February 24th) , upon a request from the petitioner for a postponement, the Board on a 7-0 recommended as follows: * that a continuation be granted regarding the determination of "substantial deviation" with the understanding that there be no further activity on the accompanying petition (SAD and site plan) 8l!181U' until the "substantial deviation" issue is resolved (i.e. is reviewed by P&Z and action taken by the City Commission). Prior to the action by the Board, the following points were aired: * the applicant noted that the request for continuance was his and that any resulting time constraints are problems he must deal with; * the Director noted that with further continuation, it is not possible to accommodate the applicantls early request for "fast tracking" to meet a November store opening; * the applicant's attorney stated that resolution of the "substantial deviation" issue in no way affects the ability to consider the total range of issues associated with the totality of the D.R.I. as the City later addresses the proposed changes through the S.A.D. modification and site plan approval process. * the decision on the "substantial deviation" determination rests with local government with the ability of DCA and TCRPC to appeal action on any resulting development order, provided that they participate in the public hearing. '. ~ # To: Mayor & City Commission Re: Waterford D.R.I. - Substantial Deviation Planning and Zoning Board Recommendation February 25, 1992 Page 2 Suggested manner of proceedinq: Representatives of the Department of Community Affairs (DCA) and Treasure Coast Regional Planning Council (TCRPC) are to be present at this public hearing. The public hearing should be held and testimony taken. The information described above should be aired and understood. A decision on this subject should be deferred to a time certain. The meeting of March 24th is suggested since it follows the next scheduled P&Z Board meeting and allows sufficient time for DCA and TCRPC to provide formal letters regarding their positions on the issue. c: Alison MacGregor-Harty, City Clerk Jeff Kurtz, City Attorney Alan Ciklin, Applicant's Attorney John Walker, Project Coordinator (City) Project File ." ,I FEB-2 1 -'5'2 FRI 12:1214- I P.12I2 ~ ... rfo/'M ~ ~ LAW on'ICES (i601'5~ BOOSE CASEY CIKLIN LUSIIZ MARTENS McBANE 8 O'CONNELL " P...RTNtR5HtFl INCLUCl.NO PROF"ESS'OOojAL ASSOCIATlON$ .,I051:PH L, ACl'.t~MAN, ,jA. eQl",,,, .. ,JOSLyN, ".A. PHILLIP o. o'COlomnL. $1'1. (IB07'loe1) BAuCI: G. "'LtXAhotR. P,A, GRiGORV S' KINO - .,IItA...LO a etEA,' P...., C..ARt.ES A. ~U8ITZ, ........ OF" eouN$r:t. WI~Lt"'M It, BOOSe:, m, p."'. ICI/'JIH C. LUN$F"ORO ,JOHN \., RlloIStN .,I0HN O. eaYKIN, P...., A'CM...AO L. MARTENS, P,A. -- PATAtel( .,I. CA.5Ev. P...., LOu,e R. IoIcoB"Nt. Po.... NORTHeAIOOE TOWIR I , 11iI'. n"OQR "'I.AN J. CII\LIN. P..... CUlI-'Ol... 101. MeKINNA :llll NORTH F"\""'Ot.!.A CRIVe ....leH...EL W. CONNORS 1oI0FlAI$ C;. (SKIP) M'Ll-tR AOGIR't L. CAANC, P...., BRI...N i0oi. o'eO"lNELL. p."'. Wr.ST PALM e~"CH, F'LOAlbA ~3"OI 1.11: e. OOROON PHIl. O. O'CONNELI.. .JII., P..... TCLCl'>HONE (407) s::)e.!.900 ...1111:1. I), GR[!.NE J. 1(011... PAnKHUAST TtI.IC:OPltR r"'(1) e~3.4~09 I.VNO.l/' oJ. 101...1'11'11$, P..... .JOIo1N R. 'l'OlJNG, P,A. ............- OlenA A, .JeNKS 1.0"1"111: D. ~NGAII.1.0 .......ILING "'001'11:85 P,O. QRAw!:" OZ4028 WE$T. PALM BU.CH. '1. 330402'04028 February 21, 1992 YI1.P'AX RECE.IVED Mr. David J. Kovacs, Director FEB 21199V Department of Planning & Zoning City of De~ray Beach CITY MANAGER'S OFFICE "lbo N. W I ltt Avenue Delray Beach, Florida 33444 Re: Water ford/Substantial Deviation Deterroination/TCRPC postponement Request Dear David: Dan Carey, Executive Director of Treasure Coast Regional Planning Council, has requested that we postpone the Substantial Deviation Determination scheduled on February 24th and 25th, and we have agreed to his request. Therefore, please consider this our :request for a postponement to a date certain. I will be out of town the week of March 16th, and would appreciate its not being scheduled that week. Thank you for your anticipated cooperation. AJCjag ccs via FAX: David Harden, city Manager Daniel M. Cary, Executive Director, TCRPC sally E. Black, Review Coordinator, TCRPq Donna Foster, DCA Tom McMurrian, Ocean Properties .. . FEB-21-92 FRI 12:104 p.a1 ~ .. .- 1" , ~.RCOPIER. TRANSMJ:~SION TO: DAVID HARDEN, CITY MANAGER c/o: CITY OF OELRAY BEACH FROM: ALAN J. CIKLIN, ESQUIRE c/o: BOOSE CASEY CIKLIN LUBITZ MARTENS MCBANE & O'CONNELL 19th Floor - Northbridge Centre 515 North Flagler Drive West Palm Beach, Florida 33401 DATE: February 21, 1992 RE: WATERFORD DRI Sent from Fax #: 407/833-4209 No. Pages: 1 (Not Including oover sheet) TIME SENT: Fax No: 243-3174 Client ,No: 026-3156 , ; " -, MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERer!i SUBJECT: AGENDA ITEM # )~ - MEETING OF FEBRUARY 25. 1992 DETERMINATION OF SUBSTANTIAL DEVIATION DATE: February 21, 1992 This item is before you to determine whether the addition of Builder's Square to the DelintjWaterford DRI constitutes a substantial deviation from the approved Development of Regional Impact (DRI). The issue before the Commission is not the site plan for Builder's Square, or whether the Builder's Square would be an appropriate land use at the proposed location. The issue at this hearing is whether adding the Builder's Square and deleting certain other land uses constitutes a "substantial deviation" from the approved plan for this Development of Regional Impact. The original project included three uses: a large core office park flanked by a hotel and residential development. It was conceived as a large employment center. The approved residential units have been completedj however, neither the office nor hotel development have been pursued in the seven years since the DRI was approved. The latest development proposal deletes the hotel and halves the office square footage in order to accommodate a retail use. The proposed changes involve: -the elimination of the hotelj -the reduction of the office/research land use by 29 to 55%j -the addition of a single tenant 107,000 square foot retail use (Builder's Square)j and, -re-distribution of traffic with a greater emphasis upon the Waterford Place/Linton intersection. The Planning and Zoning Director, pursuant to delegated authority, has determined that the proposed changes are presumed to constitute a substantial deviation, and as such, are subject to further development of regional impact review. The City Attorney's Office is still reviewing this matter and will present an opinion at your Tuesday evening meeting. The Planning and Zoning Board will review this item at their February 24th meeting and will present its findings and recommendations at the February 25th regular meeting. A detailed staff report is attached as backup material for this item. The correspondence referred to in the staff report is available in the Planning Department if Commissioners wish to review it in detail. ". " O~.( (If/I C I T Y COM MIS S ION DOC D MEN TAT ION TO: T. HARDEN, CITY MANAGER ~~ FROM: ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF FEBRUARY 25, 1992 DETERMINATION OF SUBSTANTIAL DEVIATION, WATERFORD DRI ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of making a determination as to whether or not proposed changes to the DELINT/WATERFORD D.R.I. constitute a "substantial deviation" and, thus, require further development of regional impact review. The proposed changes involve: * the elimination of the hotel k the reduction of the office/research land use by 29 to 55% * the addition of a single tenant 107,000 sq.ft. retail use (Builder1s Square) * re-distribution of traffic with a greater emphasis upon the Waterford Place/Linton Boulevard intersection. BACKGROUND: Please refer to the Planning and Zoning Board staff report which thoroughly describes the subject matter, relates the communications which have occurred between the applicant and the staff, and which provides an analysis of the situation. The action before the Commission is not a decision upon the Builders Square site plan but is upon the procedure to be followed and the items to be addressed in review, analysis, and decision-making as it pertains to the proposed changes (identified above). It has been determined by the Director of Planning, pursuant to jelegated authority, that the proposed changes are presumed to constitute a substantial deviation to the previously approved D.R.I., and as such, they are to be subject to further 'T " City Commission Documentation meeting of February 25, 1992 Determination of Substantial Deviation, Waterford DRI Page 2 development of regional impact review. This presumption may be "rebutted by clear and convincing evidence" . Arguments raised by the applicant are addressed in the attached P&Z Board staff report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board was to have reviewed this i tern at its meeting of February 10th; however, the applicant sought a postponement. Thus, the Board will prepare its recommendation on Monday, February 24th and it will be presented at the City Commission meeting. RECOMMENDED ACTION: A public hearing must precede action. By motion, take an action as recommended by the Planning and Zoning Board unless evidence is presented which negates the basis for their recommendation. Attachment: * P&Z Staff Report & Documentation of February 25th and February 10th (includes all background letters received as of February 19th) T:CCDRI.DOC 'I '" PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: FEBRUARY 24, 1992 AGENDA ITEM: IV.A. Determination of Substantial Deviation, DELINT/WATERFORD D.R.I. ITEM BEFORE THE BOARD: The item before the Board is that of makinq a recommendation to the City Commission as to whether or not proposed changes to the DELINT!WATERFORD D.R.I. constitutes a "substantial deviation" and, thus, requires further development of regional impact review. The action before the Board is not a decision upon the Builders Square site plan but is upon the procedure to be followed and the items to be addressed in review, analysis, and deciSion-making as it pertains to the proposed changes. BACKGROUND: This item was before the Board on February lOth, but was postponed by the request of the applicant. A public hearing on the determination is set before the City Commission on Tuesday, February 25th. Subsequent to February lOth, 1 have communicated to the D.C.A.; the City Attorney and the applicantls attorney have corresponded. These communications were focussed upon what can, and what cannot, be used as a criteria for determining substantial deviation. The City Attorney is still deliberating his position. However, the applicantls attorney in his letter of February 12th concurs with the Directorls position that the substantial deviation issue can be addressed by Subsections (a), (b13) (bl5-17), (c), and (e). As stated in our previous staff report, we have cited the following subsections: * (a) a "reasonable likelihood" of additional regional impact; * (bI5) a greater than 15% change in the increase of vehicle trips using Water ford Place and its intersection with Linton Boulevard; * (e)(3) the addition of a new land use; * (e)(4) consideration of previous changes; ,'. . P&Z Staff Report Determination of Substantial Deviation, Delint/Waterford D.R.I. Page 2 * ( e) ( Sa) an impact of greater than 15% upon the land area of the original D.R.l.i * (e) (5c) simultaneous increase and decrease of land uses. Based upon the above, 1 have determined pursuant to delegated authority, that the proposed changes are presumed to constitute a substantial deviation to the previously approved D.R.l., and as such, they are to be subject to further development of regional impact review. This presumption may be II rebutted by clear and convincing evidencell. Arguments raised by the applicant are addressed in the previously distributed Planning and Zoning Board staff report. RECOMMENDED ACTION: By motion, recommend one of the three actions as presented on pages 12 and 13 of the February 10th staff report. Attachments: * Kovacs letter of 2-10-92 to D.C.A. * Ciklin letter of 2-12-92 to Kurtz (City Attorney) · Clklln lette~~2 to Kovacs Report prepared by ,~ ~\.)C\M T:PZDR1.DOC ," I ~ . TREASURE COAST REGIONAL PLANNING COUNCIL " M E M 0 RAN D U H To: Council Members AGENUA. 11EM 5B From: Staff Date: February 21, 1992 Council Meeting Subject: Waterford Place Development of Regional Impact Proposed Change to the Development Order Backqround Council has received a notice of proposed change to the Development Order for the Water ford Place Development of Regional Impact (DRI) (location map attached). The proposed change: 1) deletes all approved hotel use; 2) reduces the amount of office from 811,736 square feet to 446,300 square feet; 3) adds 107,000 square feet of retail use, and; 4) shifts some project traffic from SW loth Avenue and Lindell Boulevard to Waterford Place Road. Analvsis The original project included three uses: a large core office park flanked by a hotel and residential development. It was conceived of as a large employment center. The approved residential units have been completed, but neither the office nor hotel development have been pursued in the seven years since the DRI was approved. The project is now proposing to undergo a substantial change in nature with deletion of the hotel and approximate halving of the office square footage in exchange for adding retail use. When originally approved, SW loth Avenue served as this proj ect' s sole access to Linton Boulevard. The proj ect design was changed in November, 1989, to provide the hotel parcel with a separate access to Linton Boulevard, connecting at the Germantown Road intersection. Although this change routed a portion of the project's traffic closer '. .' ~ to the I-95 interchange, it was not considered to be a significant enough change by itself to warrant substantial deviation review. Just p;rior to modification of site access, two adjacent parcels (i.e., Linton Center and Linton Retail on the attached map) were proposed to be separately developed as a combination of office and retail. These parcels were owned by the same developer, but a non-binding determination was made by the Department of community Affairs (DCA) that these parcels were sUfficiently separate from the original DRI to allow them to be developed as separate non-DRI '. proj ects . The current proposal to add retail, in combination with the November, 1989, change in access to the property creates a probability of significant impacts to Linton Boulevard and the I-95 interchange that were not previously reviewed. One \ of the Regional concerns raised by changes in land uses is maintenance of adopted level of service (LOS) standards for affected regional roads. In this case, Linton Boulevard and I-95 are the regional roads affected by project development. Linton Boulevard currently functions at an acceptable level of service, but does not have the capacity to accommodate the newly projected trips from the DRI and still maintain acceptable standards. Conclusion The combination of past and current proposed changes raise a question as to whether or not the two parcels adj acent to this DRI (see map) should now be considered part of this DRI. Whether or not DCA chooses to revisit its non-binding opinion on the two adjacent parcels, it seems clear that the conversion of hotel to retail use will create additional unreviewed traffic impacts on the regional roadway system and, therefore, this change should undergo review as a substantial deviation. Recommendation It is recommended that Council authorize staff to attend the local public hearing at which it will be determined if the proposed change constitutes a substantial deviation. By staff attending the hearing, Council's right to appeal any Development Order amendment adopted pursuant to this proposed change will be preserved. Attachment 2 '. '. ~~ LOCA T I OU l'1AP Waterford Place Road , ,I, , Germantown Rd. I H I Linton Blvd. ',' , t', I . , " , Linton Center I . , S. W. 10th Ave. . . Proposed retail I ~; ; , . within DR! .. . . Linton Retail Lindell Blvd. , I " , " I , , II , I , I', '" I , .. - ::l J', I - " , n>> .., .r:::: :1: (D - .en _. ~ O'Q - n>> .... :r \0 ~ VI DI ' ' I , , ..... ,I . ;> 'I 1', L. , NORTH , I I , t!ATERFORD PLACE DEVELOPf1E;n OF REG IOHAL I j.1PACT " 3 . . : . PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT TO: PLANNING AND ZONING BOARD OF DELRAY BEACH FROM: DA ~~~ DEPARTMENT OF PLANNING AND ZONING SUBJECT: SPECIAL MEETING OF FEBRUARY 10, 1992 CONSIDERATION OF WHETHER OR NOT PROPOSED MODIFICATIONS TO THE DELINT/WATERFORD D.R.I. CONSTITUTE A SUBSTANTIAL DEVIATION ITEM BEFORE THE BOARD: The action requested of the Board is that of review and recommendation to the City Commission on the question of whether proposed changes to the Waterford/Delint Development of Regional Impact (DRI) constitute a substantial deviation as defined by Florida Statutes Chapter 380.06(19). The proposed changes include the following: * the reduction of the office component from 811,736 sq. ft. on 37.72 acres to 578,736 sq. ft. on 35.53 acres (a decrease of 233,000 sq.ft.)j * the elimination of the 250 room hotel on 9.06 acres; * the addition of a 107,400 square foot building on ll.25 acres as a single tenant retail component. * there is no change to the residential component which has heretofore been constructed. This staff report consists of the following components: A. The Item Before the Board B. Brief overview of the Water ford D.R.I. Project C. Overview of the Modification Process D. Chronology of correspondence regarding the pending determination E. Staff assessment of applicable criteria F. Overall assessment G. Alternative courses of action " P&Z Staff Report Proposed Modifications to the Delint/Waterford D.R.I. Page 2 OVERVIEW OF THE WATERFORD (DELINT) D.R.l. PROJECT: The DELINT DR1: The initial submittal for the Delint DRI was made in 1984. A Development Order (Resolution #49-85) approving the project was issued 5/28/85. This order incorporated the previously approved SAD (Ordinance #79-84) and approved development consisting of 811,763 sq. ft. of office, a 250 room hotel, and 236 multi-family residential units. A detailed site plan was referenced for the proposed development. Modifications have been made as follows: * The thresholds for requiring various road improvements, originally tied to unit count or square footage, were changed to traffic generation. * Construction of a right turn lane on S. W. lOth Avenue at Lindell Boulevard was deferred. * The original detailed site plan was replaced by a conceptual master development plan, showing the same uses initially proposed. * Access to the hotel was relocated to Waterford Place from Lindell Boulevard * The name was changed from DELINT to WATERFORD. The residential portion (Waterford Apartments) has been completed. Substantial infrastructure has been installed on the balance of the site. No buildings have been constructed on the hotel or office (R&D) portions. Development of Adjacent Property: Twenty-five (25) acres adjacent to the northern boundary of the DRl have been developed subsequent to the approval of the DR1. There has been a role, on behalf of the owner of Waterford DRI, in the development of those properties. In 1985 a site plan was submitted for hotel, office and minor retail components on the entire 25 acres. That site plan was later withdrawn and replaced with office/retail at about a 2:1 mix (CRJ Ma 11) . The site plan, approved 9/24/85, took access from Linton Boulevard and S. W . 10th Avenue and did not interact with the DR1. The 25 acre parcel was purchased by the developers of the DRl sometime in 1987. ." P&Z Staff Report Proposed Modifications to the Delint/Waterford D.R.I. Page 3 A new site plan was submitted for the western 6.7 acres to develop an office building. A roadway was proposed along the eastern boundary of the site which would also accommodate access from Linton Boulevard to the hotel in the DRI. The City required this roadway (now Water ford Place) to be public since it would serve three different parcels - the hotel, the eastern 19 acres and the 6.7 acre (office) parcel. The office site plan was approved in April of 1988. Soon thereafter (8/88), the City supported the access change to the DRl (use of Water ford Place) based upon the relationship of the office and hotel uses. In 1989, a site plan (Linton Retail Center) was submitted by the developers of the DRI for the eastern 19 acres of the 25 acre parcel. The project consisted of a retail shopping center. The site plan was approved 1l/28/89 and constructed with Target as one of the anchors. The total floor area for this center is 207,172 sq.ft. In 1990, a new site plan was submitted for the 6.7 acre (office) parcel by the developers of the DR1. This project was approved 4/1l/90 as Linton Retail Center, Phase 11 and was developed as Circuit City. The total floor area for this center is 51,292 sq. ft. The proposed change (to the DRI) will place a single tenant, retail operation with a floor area of 107,400 sq,ft.. At the end of Waterford Place. Thus the total floor area for these three retail projects will be 365,864 sq. ft. OVERVIEW OF THE MODIFICATION PROCESS: Proposed modifications to Developments of Regional Impact (DRI) are evaluated under Florida Statutes Chapter 380.06.l9 to determine if the proposed modification requires further development-of-regional-impact review. A copy of the referenced statute is attached for information and more detail. Subsection references pertain to said statute. The determination to be made is whether a proposed modification constitutes a substantial deviation from the previously approved development order for the DR!. There are three ways in which the determination may be made. They are as follows: #l: Determination that the changes .&fI_ do not constitute a substantial deviation: Resolution 80-89, which is a part of the development order f or the D. R. I . , provides that any modification shall be submitted to the Planning Director for a determination of whether the change(s) exceed the criteria for substantial " ". P&Z Staff Report Proposed Modifications to the Delint/Waterford D.R.l. Page 4 deviations and therefore require a determination by the City Commission as to whether the change constitutes a substantial deviation. The Planning Director, by letter of January 6, 1992, informed the applicant that the changes exceeded the criteria and a formal determination by the City Commission would be necessary. #2: A proposed change which is clearly a substantial deviation is not subject to a public hearing, and proceeds directly to further development-of-regional-impact review. The criteria for making such a determination are found in subsection (19)(b). The Planning Director initially determined that such a situation exists (letter of January 6th) but upon review of information provided by the applicant (letter of January l7th) agreed that the cited criteria may be debatable. #3: A proposed change which does not fall into the previous categories is presumed to create, or not to create, a substantial deviation. Such a change is subject to a required public hearing at which the presumption may be rebutted by clear and convincing evidence. The hearing provisions are found in subsection (l9)(f). The criteria for making the final determination are found in subsections ( 19) ( a) , (c) ,,8'( d) ~ (e,). / The Director has determined that it is presumed that a substantial deviation does exist. Thus, he has proceeded with the public hearing review process. Pursuant to local policy the item has been placed before the Planning and Zoning Board for an advisory recommendation to the City Commission. If the proposed change requires further development-of-regional- impact review the following rules apply [subsection (19)(g)]: * The review conducted by the regional planning agency shall address only those issues raised by the proposed change. * The regional planning agency shall consider, and the local government shall determine, whether to approve, approve with conditions, or deny the proposed change as it relates to the entire development. If the local government determines that the proposed change, as it relates to the entire development, is unacceptable, the local government shall deny the change. * If . . . approved, any new conditions in the amendment to the development order issued by the local government shall address only those issues raised by the proposed change. '. P&Z Staff Report Proposed Modifications to the Delint/Waterford D.R.I. Page 5 Thus, it is necessary to identify the issues to which the substantial deviation determination applies. (This information is found in the Overall Assessment, Part F of this staff report.) CHRONOLOGY OF CORRESPONDENCE The following correspondence along with a copy of 380.06(l9) (DRl regulations regarding substantial deviations) are found as attachments to this staff report. December 6, 1991 Ciklin to Kovacs * Notification of a proposed change to a previously approved Development of Regional Impact (Delint DR!). * This notification contains the applicant's assessment of the impact. This document is attached as an exhibit. Appropriate information has been cited elsewhere in this staff report. December 6, 1991 Ciklin to Kovacs * Definition of Ciklinls view of the required process to modify the DR1. * Statement that changes are presumed not to be a substantial deviation and that such a determination should be made following modification of the SAD and site plan approval. January 3, 1992, Treasure Coast Regional Planning Council (TCRPC) to Kovacs * Notification that proposed change to the DR! appears to require additional review by their agency and stating their intention to participate in the Cityls public hearing for the proposed change. * Suggestion that the City may wish to revisit the question of whether adjacent parcels to the north (Target/Circuit City) should be aggregated to the Delint DRl for regional review. January 6, 1992 Department of Community Affairs (DCA) to Kovacs * Notification that DCA is concerned that the proposed changes might create additional regional impacts. * Statement of DCA's intent to attend the Cityls public hearing on the proposed change. "1 P&Z Staff Report Proposed Modifications to the Delint/Waterford D.R.l. Page 6 January 6, 1992 Kovacs to Ciklin * Notification that a substantial deviation exists under F.S. Chapter 380, Section 19(b) and that further regional review must be conducted by TCRPC. * Statement that if DCA finds that the above criteria does not apply, the City will proceed with a public hearing to determine substantial deviation under Chapter 380 (l9)(f)(3). Staff recommendation at such a hearing would be that a substantial deviation exists, based upon the interaction of the proposal with adjacent commercial parcels (Target and Circuit City) ; reconsideration of previous modifications; and subsections ( 19) (a) (e3) ( e4 ) and (5 c) . January l7, 1992 Ciklin to Kovacs (This letter contains legal citations.) * Stating that proposed change is not automatically a substantial deviation. Further, that in his conversation with DCA, the proposed change is presumed not to to be substantial. * Statement that the only regional issue is traffic, which is irrelevant since the developer will adjust the office component such that there will be no increase in traffic. * Statement that there is no aggregation with the adjacent Target and Circuit City parcels. Note: Previously, the applicant sought a determination from DCA regarding "aggregationll when the property to the north was in its planning stages. DCA replied (letter of 9/29/87, copy attached) that based on the information provided, aggregation did not exist. The Planning Director notes that (a) the letter was non- binding, (b) DCA stated the situation may be reviewed if there was a material change to the projects involved, and (c) circumstances have changed. January 24, 1992 Kovacs to Ciklin j'he * Acceptance by the City that proposed change may not automatically be a substantial deviation. * Notification that City will proceed with a public hearing. * Confirmation that February 11, the first available date for the hearing, is too early for Ciklin and requesting notification of his preferred date. Also notification that a delay in the public hearing may jeopardize the developerls desire for a March determination on the SAD " P&Z Staff Report Proposed Modifications to the Delint/Waterford D.R.l. Page 7 modification since staff will not begin the logistics of the SAD hearing until City Commission acts on the DRl determination. January 24, 1992 Ciklin to Kovacs * Statement that substantial deviation determination is rather simple and based solely on traffic. Therefore the determination, SAD, and site plan approval should be addressed at the same time. * Request to address all approvals at the same hearing to be scheduled immediately and agreement to waive notice requirements. January 27, 1992 Kovacs to Ciklin * Statement that combining substantial deviation determination, SAD modification and site plan approval into one meeting is not appropriate. Under F.S. 380 determination of substantial deviation is clearly a separate action. * Disagreement that decision should be based solely on traffic. * Notification that public hearing at City Commission is set for February 25, 1992 and that Planning and Zoning Board will review the question of substantial deviation on February 10, 1992 to provide recommendation to City Commission. * Notification that a public hearing on the SAD amendment before Planning and Zoning Board will be held March l6, 1992. January 30, 1992 Ciklin to Kovacs * Restatement of the contention that determination of substantial deviation, SAD amendment and site plan approval should all occur at the same meeting and that traffic is the only regional issue. * Request that the determination question not be taken to Planning and Zoning Board. February 3, 1992 Kovacs to Ciklin * Declines requests and refutes statements in Ciklin IS letter of January 30, 1992. '1 P&Z Staff Report Proposed Modifications to the Delint/Waterford D.R.l. Page 8 February 3, 1992 Kovacs to TCRPC * Notification of the public hearing. February 3, 1992 Kovacs to DCA * Notification of the public hearing. February 4, 1992 Ciklin to Kovacs * Acceptance of separate hearing to determine substantial deviation. * Statement that bringing the item before Planning and Zoning Board is inappropriate and will prejudice Ciklinls client. * Request to reschedule hearing of March 16 for the SAD amendment. February 5, 1992 Kovacs to Ciklin * Affirmation of meetings regarding substantial deviation determination. * Deferral of public hearing date for the SAD modification. ASSESSMENT OF APPLICABLE CRITERIA The following sets forth the staff basis for determining that the proposed changes presume a substantial modification to the approved DRI. For Boar~ember convenience a cited statute subsection is provided for ach relevant criteria. (19)(a) Any proposed change to a previously approved development which creates a reasonable likelihood of additional regional impact, or any type of regional impact created by the change not previously reviewed by the regional planning agency, shall constitute a substantial deviation and shall cause the development to be subject to further development-of-regional- impact review. This criteria is very broad. Essentially it allows the City to declare that a reasonable likelihood of additional regional impacts exist. If this criteria is used, the category of impact should be identified. A review of the original DRI application will be made and an oral report of findings, if any, will be made at the Board's meeting. .~ , P&Z Staff Report Proposed Modifications to the Delint/Waterford D.R.r. Page 9 (19)(b)(10) An increase in commercial development by six acres of land or by 50,000 sq. ft. of gross floor area area, or of parking spaces provided for customers for 300 cars or a 5-percent increase of any of these, which ever is greater constitutes a substantial deviation. Ciklin letter of January 17th argues that this criteria does not apply because the proposed use (retail) is new and, thus, does not constitute an increase of a previously approved use. Kovacs has accepted a position that a substantial deviation is not automatically created. He defers this criteria to the argument under subsection (19)(e)(3). Kurtz feels that this criteria, alone, necessitates a finding of substantial deviation. (19)(b)(15) A 15% increase in the number of external vehicle trips generated by the development above that which was projected during the original development-of-regional-impact review constitutes a substantial deviation. Ciklin argues that for the new commercial use there is a compensating decrease in office (R&D) use so that there will be no net change (or a decrease) in vehicle trips generated. Kovacs has determined that while the absolute number of trips may be the same (or decrease), the point of egress of these trips on the street system is changed; and that a greater than 15% increase in trips onto Waterford Place, and at the intersection of Waterford Place and Linton Boulevard will occur. (e) (3) Any addition of land not previously reviewed or any change not specified in paragraph (b) or paragraph (c) shall be presumed to create a substantial change. This presumption may be rebutted by clear and convincing evidence. The proposed change adds 107,400 sq. ft. of retail space to this D.R.l. This increment of use addition exceeds the criteria cited in (b)( 10). Further, with the access for the new retail use being shared with the primary access for Target and Circuit City there is an aggregation of 365,864 sq.ft.. A shopping center (or retail complex) of that magnitude is presumed to not be a substantial deviation; however, it is not declared to not be one. Due to the nearby commercial activity which utilitifs the same regional traffic network and the same regional retail market area, the Planning Director feels that a substantial deviation does exist. " P&Z Staff Report Proposed Modifications to the Delint/Waterford D.R.I. Page 10 (e) (4) The local government shall consider the previous and current proposed changes in deciding whether such changes cumulatively constitute a substantial deviation requiring further development-of-regional-impact review. A previous change involved providing public street access to the hotel site from Waterford Place. That change was supported on the basis of the relationship between the hotel and the approved office use (site plan) on the 6.7 acre parcel. Circumstances have changed with the change in use from office to retail (Circuit City). The previously allowed change would likely have not been accommodated if the Circuit City site plan instead of the office plan existed. (e) (Sa) A change proposed for 15% or more of the acreage to a land use not previously approved in the development order ...shall be presumed to create a substantial deviation. Changes of less than 15% shall not be presumed to create a substantial deviation. . . . Either position may be rebutted by clear and convincing evidence. Ciklin argues that the presumption not to be a substantial deviation applies because the new use does not exceed IS% of the acreage (actual number is 13.8%). Kovacs determines that substantial deviation exists because when one combines the new use area with the changes in use on the balance of the DR1, a portion of the DRl greatly in excess of l5% is affected by the change. (e)(5c) Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous increases and decreases of at least two of the uses within an authorized multi-use development of regional impact which was originally approved with three or more uses specified in 380.0651(3)(c), (d) , (f) and ( g) and residential use. . . . shall be presumed to be a substantial deviation. Such presumption may be rebutted by clear and convincing evidence. There is a simultaneous increase in commercial usage (107,400 sq.ft.) and a decrease in office usage (233,000 sq.ft.) and a decrease in hotel use (250 rooms). OVERALL ASS E SSM E N T It is clear that it is appropriate to address the question of whether or not a substantial deviation exists. Some of the criteria fall into the range where it is presumed that a substantial deviation does exist; and some where it is presumed that a substantial deviation does not exist. .. P&Z Staff Report Proposed Modifications to the Delint/Waterford D.R.I. Page II /4;,'7/1" n Je ~(1hJ'idt!!?,..eql' The reC9H\IReluiatieR to be made by the Board is whether, in the overall picture, there is a deviation from the original approval and that it is substantial enough to warrant further DRI review i. e. review, comment, and recommendation by the Treasure Coast Regional Planning Agency. And, if so, what are the items of regional impact. It is clear than one item is that of traffic. The applicant is preparing traffic studies to address this item. The traffic concerns pertain not only to total trip generation (which heretofore has been the thrust of the applicantls argument), but also)''-:''' ~ * impacts upon the intersection of Water ford Place and Linton Boulevard * impacts upon the functioning of the northbound off-ramp from 1-95. * impacts upon the residential collector street of Lindell Boulevard. Other items of regional significance could include: * Changes in the development period which was originally reviewed by TCRPC as being completed by 1990. * Changes in emploYment since the office (R&D) base and the hotel had an original projece"~f 4, l20 permanent jobs. The changes show a projec~loss of more than l, 200 emploYment opportunities. * Changes in the provision of housing which is reasonably accessible to location of employment. * The decrease in the office (R&D) component could well make thaJtf' component no longer viable. This would necessitate a further change in use. * The energy conservation measures identified in the DRI application and TCRPC report may no~ longer be achievable given the proposed changes. * There will be a substantial modification to the lakes and drainage system. This will require SFWMD permit modifications. ." P&Z Staff Report Proposed Modifications to the Delint/Waterford D.R.I. Page l2 Other items of a local significance for which DRl review would be of benefit include: * A decrease of 233,000 sq. ft. of office (R&D) diminishes our available commerce development potential by approximately 10.6 acres. Such a decrease is significant in light of our Comprehensive Plan policy direction to retain land designated as commerce. * Appropriate design for the interface of the proposed commercial (retail) use and the balance of the DRI. * Impacts upon the local (regional?) distribution of retail commercial activity with regard to market areas and existing supply and demand considerations within those market areas. Conclusion: It appears that the Waterford DRI is drastically changing its character. The applicant wishes the City to view this change only as it affects the local street network. Assuming that the DELINT (now Waterford) DRl was a carefully planned integrated development of complimentary uses (residential, office, and hotel), the change which is proposed destroys any integrity of development. Accordingly, it may have substantial impacts in light of the items which are assessed during a DRl review. Given the totality of the circumstances of the proposed change, it seems appropriate to seek further development-of-regional-impact review. ALTERNATIVE COURSES OF ACTION The following alternative recommendations are available to the Board: . 1- Recommend that given the potential impacts of the proposed change in consideration of previous changes and changes which are likely to follow, further DRl review is appropriate prior to taking a definitive action on the related development (order) application. And, that the items to be reviewed by TCRPC include: * traffic * commercial (retail) market area saturation * employment implications * housing/jobs balance * design integration of the DRI uses * energy conservation considerations in design ", , P&Z Staff Report Proposed Modifications to the Delint/Waterford D.R.I. Page 13 2. Recommend that given the changes in the character of the immediate area, subsequent to approval of the DR1, that the only item of significance is traffic and that it is adequately regulated by the County Traffic Performance Standards Ordinance and local regulations; thus, a substantial deviation does not exist and additional DRI review is not warranted. 3. Recommend that such a determination not be made until further information is available and that the City Commission defer action until the SAD modification and concurrent site plan all be before them. Attachments: location map F.S. 380.06(l9) correspondence Notification of Proposed Change to the DRI T:BSDRIM2 , " /-l-03-1992 16:00 FRCl1 Treasure Coast R.P.C. TO 84072433774 P.02 January 3, 1992 Mr. David J. Kovacs Director, Department of Planning & Zoning City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Subject: waterford Place Development of Regional Impact - Review of Proposed Change Dear Mr. Kovacs: In accordance with the requirements of Section 380.06(19), Florida Statutes, we have reviewed the proposed change to the Waterford Place Development of RegJ.onal Impact (DRI) submitted to Council by Alan J. ciklin on December 9, 1991. The proposed changoe deletes the approved 250 room hotel, decreases 233,000 square feet of office, and adds 107,400 square feet of retail. Previous retaIl approval was restricted to a restaurant associated with the hotel. Based upon the substantial deviation guidelines in Seotions 380.06(19)(a), (b), and (e), and staff's review of the impacts of the proposed chang-e it appears the change will require additional review by this agency and Council will participate in the local public hearin9 for the proposed change. Therefore, please provide Council at least 15 days advance notification of the hearing date. During' review of this proposed change it was noted that retail property just north of Waterford DRI was being aggregated with the proposed retail inside the DRI to obtain a traffic generation rate about half that ot free standing retail or discount retail. staff considers this aggregation inappropriate. 1221 t.W, rnortlft CIOWM ~ IUIte 205 . p... bOJl: ~12t ~'m city, fIorfdo )499(1 OVERVIEW OF PROPOSmCHANGES TO THE WATERFORD PLACE DEVELOPMEN'l' We are pleased to submit the proposed modifications to the previously approved Development of Regional Impact (DRI). Submission is in accordance with Subsection 380.06(19) of Florida Statutes, as amended by Chapter 88-164, Laws of Florida. ~he proposed modifications will involve the deletion of the I I approved 250-room hotel, a decrease of 233,000 square feet of toffice approval and the addition of 107,400 square feet of retail \ development. The Applicant has come to the conclusion the hotel is not economically feasible in today' s market and therefore proposes to replace the 250-room hotel and 233,000 square feet of office space with the commercial space. The proposed change of land use not previously approved in the development order is to less than fifteen percent of the acreage and therefore pursuant to Subparagraph 380.06(19) (e)5.a. shall be presumed DQt to create a substantial deviation. Applicant has evaluated the transportation aspect of replacing the approved 250-room hotel and 233,000 square feet of approved office space with a 107,400 square foot retail use. The analysis revealed that the replacement of the hotel and office square footage with the retail use will result in a ten percent reduction in daily external vehicle trips and a reduction in trips in the A.M and P.M. peak periods. We fee~ that the transportation aspects of the Waterford DRI are the major concerns to any change in the land uses and therefore after eliminating this concern, by actually decreasing traffic, the proposed modifications would not be a substantial deviation. ii t. . " .L. :;TATEMEN'l' OF nrrEN'l' . . .... I, ALAR J. CIKLIR, the undersigned authorized representative of D~ LIMITED, IRC., hereby gives notice of a proposed change .- to a previously approved Development of Regional Impact in accordance with Subsection 380.06 (19) , Florida Statutes (1985). In support thereof, I submit the following information concerning WATERFORD PLACE, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to the Town of Jupiter, the Treasure Coast Regional Planning Council, and to the Bureau of Resource Management, Department of Community Affairs. /J- -6 -Cj I Date 1-1 I i l ' ," La. APPLICANT; . .-.... . Dellnt Limited, Inc. 401-364-9400 1155 No. Congress Avenue Boynton Beach, Florida 33436 . - . . ! l , l . . 2-1 I i . . .., . .L. AUTHORIZED AGENT: .., . Alan J. Ciklln 407/832-5900 Boose Casey eiklin Lubitz Martens McBane & O'Connell 515 North Flagler Drive Suite 1900 West Palm Beach, Florida 33401 , ; r I t I I , ~ . \ : , . i I ~ l , . 1 r 1 3-1 I . ; . , I , '" ." .L. JDCA,TION (CITY. COUNTY. TOWNSHIP/RANGE/SECTION) OF APPROVED DR! ~ PROPOSED CHANGE: The project Is located in Delray Beach, Florida, in a tract of land lying in section 29, Township 46 South, Range 43 East, being Parcel 3, and Parcel 4 LINTON CENTER, as recorded in Plat Book 39, Pages 8 - 9 of the Public Records of Palm Beach County, Florida, together with Lots 1251, 1252, 1253, and 1260, TROPIC PALMS Plat No. 3, as recorded in Plat Book 25, Pages 137 - 139 of the Public Records of Palm Beach County, Florida. r I l ! ~ ! ! , I \ , , i , , ; l 4-1 ! ." 5.s. Provide a complete descriptiQft of the proposed chanqe. Include any proposed chanqes to the plan of develop.ent, phasing, additional lands, c01lDllel\celIent date, build-out date, development order condi tions and requireaents, or to the representations contained in either the development order or the . Application for Develop.ent Approval. IndIcate such changes on the project llaster site plan, supplem.entinq with other detailed maps, as appropriate. Additional information may be requested by the department or any reviewinq aqency to clarify the nature of the chanqe or the resultinq impacts. Applicant proposes to replace the approved 250 room hotel and 233,000 square feet of the approved office space with 107,400 square feet of retail use. The change has been made necessary by the economic unfeasibility of developing the 250 room hotel. A traffic study has been performed which analyzes this change and concludes that this proposed change will result in a ten percent reduction in daily external vehicle trips and a reduction in trips in the A.M. and P.M. peak periods. A revised Conceptual Master Plan is being provided which reflects the proposed changes. , i , , i 5-1 , i . - r ... 6. COIIplete the attached Substantial Deviation Deterainatlon chart for all land use types approved in the developaent. It no change is proposed or has occurred, indicate no chanqe. Sl:I3SlM1'IAL IEVIATIaf <mRl' . - TYPE OF amNGE ProPOSED ORIGrnAL PRE.VIOOS D.O. !.AND USE CATFn:>RY PU\N PU\N OIAN:;E + D.l\TE Attraction/ No Olarqe Not Awlicable Recreation Airports No C11an;Je Not Awlicable Hospitals No Olarqe Not Awlicable Irrlustrial No Olarqe Not Awlicable Mi.nin; Operations No Olarge Not Awlicable Office Acreage, irolu:liIg 35.53 acres 37.72 acres drainage RCM, easements, etc. arllciirq (gross 578,763 811,763 square feet) # parkirq spaces 2,054 2,881 (estimate) , # enployees 2,898 4,065 (estimate) Site locational No Ol.ange Center of site r charqes , # extemal 5,224 6,575 I vehicle trips Petroleum/OleIn. No Olarqe Not Awlicable storage Ports (Marinas) No Olarqe Not Awlicable 6-1 '" ",., . . TYPE OF (]WI;E PR:>POSED ORIGINAL PREVIOUS D.O. IMID USE ~ PIAN PIAN aiANGE + DATE Residential # ~11in:1 No Change 236 -- units . - Type of No Chan:Je M..1l tifamily Miror mcxtificatias l),.Jelli.rg Units to JII.ll.tiple family residential units ani atten:3ant re- creational facili- ties portion of original site plan. Orc:linaooe 96-87 (12/22/87) Acreage, No Change 20.92 acres inclldin;J drainage, right-of-way, easements , etc. site No Change Sooth ani east locational OOJrrlaries dlarqes No. external 1, 568 1,589 vehicle trips Wholesale,'Retai.l Acreage, 11.25 -0- service i.rK:lldin;J drainage, Rat1, ~, etc. Floor space 107,400 -0- # parkirq 493 -0- spaces site Northeast Not AWlicable lcx::ational cotner dlarqes # external 2,205 -0- vehicle trips 6-2 '" II,., '" . . . 'riPE OF 0Wl;E PR:>~ ClUGINAL PREVIOOS D. O. I.AND USE ~ PI.Nl PL\N aw<<;E + DATE Hotel,lM::1tel # rental -0- 250 . - mrlts - - Floor space (gross square feet) # errployees -0- 55 r site Eliminated Northeast ~ in acx:ess locatiooal cotner for hotel parcel charqes requested by City of Delray Beach. r Ordinance 68-89 I (11/14/89) I r Acreage, -0- 9.06 acres .in::1\Xiin;J ; drainage, R:M easements, etc. i 1 # extemal -0- 1,878 . vehicles trips ! I R. V. Park No~ Not Awlicable r C\)en Space Acreage No Ol.anle 19.04 acres (All natural i am veqetate::l Type of cp!Jl No~ water bcxties oon-inpervi.oos space r surfaces) \ Preservatioo No 01an:Je Not Awlicable I Buffer or Special 1 Protectioo Areas ! i , i , i- f l . 6-3 I l . , I ". " '. 7. List all the dates and resolutiou.n\Dlbers (or other approprIate identification numbers) of all aodifications or aIIenCblents to the oriqinally approved DRI development order that have been adopted by the local qovernment, and provide a brief description of the prevIous chanqes (i.e., any IDronaatlon already addressed in the SUbstantial Deviation Deterainatlon Chart). Bas there been a chanqe In local qovermaent jurisdiction for any portion of the development since the last approval or development order was issued? If so, bas the annexinq local qoverruaent adopted a new DIU development order for the project? Prior to this submittal, the following modifications were requested and approved: Ordinance 96-87 (December 22, 1987) - Minor modifications to the multiple family residential units and the attendant recreational facilities portion of the original site plan. - Elimination of a local requirement for a southbound right-turn land at the intersection of SW 10th Avenue and Lindell Boulevard. r ! - project phasing has been modified to reflect development lImits in terms of the amount of trips generated instead of quantities of types of development. Ordinance 68-89 (Noveaber 14, 1989) - Master Development Plan and the specific site and development plans referenced in the DO were replaced with a conceptual Master Development Plan. i - conceptual Master Plan also reflected a change in access for the hotel parcel of the Waterford Development requested by the City of Delray Beach. Attached as Exhibit "A" are Ordinances 96-87 and 68-89 , which reflect these previous modifications. There has been no change in local government jurisdiction for any portion of the development. . , , 7-1 ( I ,'. 8. Describe any lands purchased.~()r option within one-quarter , .ile of the original DRI site subsequent to the original approval or issuance of the DIU developlleJlt order. Identity such land, its size, indented use, and adjacent non-project land uses wIthin one-balf aile on a project master site plan or qther map. Subsequent to the approval of the original DRI, Palms of Delray, Inc. , a company in common ownership with Delint Limited, Inc. , and Ocean Properties, Ltd. , purchased a 25- acre parcel of land adjacent to the Waterford Place development. For reasons stated in the letter attached as Exhibit "B" from 3. Thomas Beck, Department of Community Affairs, the 25-acre parcel is clearly a separate project. A location sketch showing both developments is included in the letter. , I , . I . 8-1 I I . r 'I. 9. Indicate it the proposed chanqe. is less than 40' (CUllUlatively wit:h other previous chanqes) ot any of the criteria listed in Paragraph 380.06(19) (b), Plorida statutes. The criteria listed in Paragraph 380.06(19) (b) do not apply to ~he proposed changes. Do you believe this notificatIon of chanqe proposes a change which meets the criteria of subparagraph 380.06(19) (e)2., Plorida statutes. The criteria of Subparagraph 380.06(19) (e)2. are not applicable to the proposed change. The proposed change of land use not previously approved in the development order is to less than 15 percent of the acreage and is therefore presumed DQt to create a substantial deviation pursuant to Subparagraph 380.06(19) (e)5.a. , I I I . . , , 9-1 I i , ". , 10. Does the proposed cbanqe result. in a chanqe to the bulldout date or any phasinq date of the project? If so, Indicate the proposed new buildout or phasing date. The proposed change does not result in a change to the buildout date or any phasing date of the project. , 10-1 .... " 11. will the proposed change requ!re an amendment to the local goverrment cOllprehensive plan? . The proposed change will not require an amendment to the city of Oelray Beach Comprehensive Plan. . - ~ j , I ~ . I ! f I I T I I l ! I j I 11-1 I l f . Provide the followinq for incorporation into such an amended developw!nt order, pursuant to Subsections 380.06 (15), Florida statutes, and 9J-2.025, Florida Adainistrative Code: 12. An updated aaster sIte plan or other aap of the development portraying and distinguishing the proposed changes to the prevIously approved DRI or development order conditions. The updated master site plan titled conceptual Master Development Plan and dated December 6, 1991 is included as Exhibit "C". The previous Conceptual Master Development Plan dated October 2, 1987 and updated August 11, 1988 is included in Exhibit "D". I i 12-1 ., " 13. Pursuant to subsection 380..0~(19)(f), Florida statutes, including the precise languaqe that is being proposed to be deleted or added as an uaendaent to the develop.ent order. This lan<JWlC)e should address and. quantify: a. .-All proposed specific changes to the nature, phasinC), and build-out date of the develo~ent; to develop~nt order condItions and require.ents; to co_itments and representations in the application to Development Approval; to the acreaC)e attrIbutable to each described proposed chanqe of land use, open space , areas for preservatIon, qreen belts; to structures or other improve.ents includinq locations, square footage, number of units; and other lIajor characteristics or components of the proposed chanC)e; b. An updated leqal description of the property, if any project acreaC)e is/has been added or deleted to the prevIously approved plan of develo~nt; c. Any proposed emended developaent order deadline for co_encinC) physical develop.ent of the proposed changes, if applicable; d. A proposed aJIeI1ded development order tenainatlon date that reasonably reflects tbae required to cOllplete the developaent; e. A proposed emended developlleDt order date until which . the local govermaent aqrees that the changes to the DRI shall not be subject to dovn-zoninq, unit density reduction, or intensity reduction, if applicable; and f. Proposed uaended developaent order specification for : the annual report, includinCJ the date of subllission, I contents, and parties to DOll the report is submitted as specified in subsection 9J-2.025(7), FAC. 13. a. Whereas Clause WHEREAS, said Applicant proposes to construct &rri"'r~ i 578.763 feet of office space, &-~se-reem-fte~e~ 107.400 square feet of commercial space and 236 multi-family residentIal dwelling units on 86.5 acres, constituting a Development of Regional Impact on the real property fully described in Exhibit "Aft attached hereto and located in the CIty of Delray Beach, Florida; and, I I I i . i I I 13-1 I I '. " Condition 1. ..... . The Delint Center ApplIcation for Development Approval is Incorporated herein by reference and relied upon by the Parties in discharging their statutory duties under .- .Chapter 380, Florida statutes. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the Parties, as defined in Subsection 380.07(2), Florida Statutes. For purposes of this condition, the Application for Development Approval (ADA) shall include the following items: ADA, submitted December 17, 1984, and supplemental information submitted February 4, 1985, October 8, 1987, and the Conceptual Master Development Plan submitted It\i9tls1!---6-i.,- 1~98 December 6. 1991. To the extent that plans submitted along with the application for and approval of Special ActIvities District (SAD) rezoning differ from those submitted for Development of Regional Impact approval, the latter plans will control. f l Condition 21. r The conditIons of approval for the rezonIng of the land I to SAD (Special Activities District) as contained in Ordinance No. 79-84 are hereby incorporated into this Development Order by reference, except for the site and r development plans referenced In Section 3 of Ordinance I No. 79-84 and the uses referenced in Section 2(a)(1) of Ordinance No. 79-84. I , Condition 21a. , l The Conceptual Master Development Plan submitted on , ~l:t!t1!- --3-r ,--1::399 December 6. 1991, is adopted and i incorporated herein as a substitute for the geYe~me~ Pr&ft en1hlB~ .....,.~-tme- -1d)Ir-and--t.fte-1!-!. -te-al'ui -cteYe}epme~ pr&Mt -il'leerl'era~es-ey--Sect:-i~+~~i-ft&r-tee--He-z--1-9-&4 Conceptual Master Development Plan submitted on Auaust 31- 1988. Nothing herein shall be construed to relieve the developer from obtaining City of Delray Beach approval for future proposed changes to the site and development plans Incorporated by Section 3 of Ordinance No. 79-84. . I . 13-2 I I . . 13. b. Not applicable. . . 13. c. Not applicable. 13. d. Not applicable. . - . - 13. e. Not applicable. 13. f. Not applicable. f ; ! I ~ 1. 13-3 { I l "1 CONCLUSIOIf .. . The proposed change which consists of a replacement of the approved 250 room hotel and 233,000 square feet of office approval with 107,400 of retail space does not result in a substantial deviation. Subparagraph 380.06(19)(e)5.a. provides that thIs change proposed to a land use not previously approved in the development order is presumed not to create a substantial deviation because it involves less than 15 percent of the acreage. The traffic analysis performed reveals that the proposed change will result in a 10 percent decrease in daily external vehicle trips and a reduction in trips in the A.M. and P.M. peak periods which further supports a finding that this proposed change does not result in a substantial deviation. , . , , 14-1 , ! l . ". .>-, , Q. .. l' ... It C 2 c ., )3,041 38,130 44,720 0 LINTON 'LVD. IC:::E~-::J J- / 'Co.C"'. ear". . ~ UNtOH AUAIL , ~ 'TAROEn . , r- , / au".._;:. '~ , ~' I / , .... I GO WAUR'ORO DIU ~ I I ...- /' I / I / I I L_ -----J ! LEGEND FIGURE 1 33,041 1881 AVERAGE DAILY TRAfFIC BUILDERS SQUARE -N' ~ LOCATION MAP 1----) NOT TO SCALE "".01 '1 '" s: " X n > 0 0 ., -i ;;t ." > ~ .. PI ~ ." ;4 ~ . '" r- ~ ,. n .. .. at " ... 0' 0 > ,., ~ > :I 0 .. c;o '" "" n - '" ::j ,.. PI - > 5 c.e II: (II (II ~ a ~ IV CD ;;; .... "'fII - ... - 0 - CD CD . 0- ) ., CD .... -.II . 0 - 0- 0- D. 0 .... c . .",. :!. ., .. 0-4 .. OD ~ - 0 ... c C .. .. ...... :" :I . a.., ... .. - - .. D.D. C ~ .. .. . ... ! CD -.I .. i . . .c <D .... VI . . .... .. -.II 0 0 -.I III . . '" . ? J > > > -.II .0 I " " > IV ., .. " " III I . . .. ., > . . > I . . . . " n , . .. ., 1 . . .I . . . , 1 i i i i ; . t 1 ~ , i , 1 t , - .J J , 1 ~, . 1 ; 1 '] 1 , ! , j -- 1 II .sITE DATA: ZOJNG. D~"OCT, ~ #'~ CE ~'iE, CJ'OJD fl..a::P. ~ ~7 r;.rJ(NG;oW . eI.JI.J)NG N'~ . .IZ .f. nzsz .r"" CJ>a >~m A'V> "'.'= , --= w,JJ;"'>CJ> ^"'- "''''''0' , "" CF "'" . FE AAEA ZS...., .f. ',' ~Cl CI' ~ ";"~'^'J^ ~.DNG. .".r ~t.74n .f. '. ')~~!_O' YE ,~",'ii, ....08 FEET ~~. 0' ~'iE rt,~NG ~al...... . ~~ . 07..0:, r""'" .. . .....t.t, ~ /.!- . :fA e ':.5 ~":.t:b . r......~NG~:>L. 1't,~~G. REal. ,-ceo .r. . ~ 00' 'M1Q1 ."" . . . .:84 ........ ~ 4"~ ~. I:" ." f'.. ~. p' 1 ~ 1 ~ ~ SIT; ~ '1/ " '. .~ Ch. 380 LAND AND WATER MANAGEMENT F.s. 1991 work with units of local government in preparing and facilities to the extent such facilities are necessary 10 adopting local impact fee and other contribution ordi- provide safe and adequate serviceS 10 the development nances. (17) LOCAL MONITORING.- The local government (f) Notice of the adoplion of a development order or issuing the development order is primarily responsible the subsequent modification of an adopted develop- for monitoring the developmenl and enforcing the prOVi- ment order shall be recorded by the developer, in sions of the development order. Local governments accordance with s. 28.222, with the clerk of the circuit shall not issue any permits or approvals or provide any court for each county in which the development is extensions of services if the developer failS to act in sub- located. The notice shall include a legal description of stantial compliance with the development order. the property covered by the order and shall state which (18) ANNUAL REPORTS.-The developer shan sub- unit of local government adopted the development mit an annual report on the development of regional order, the date of adoption, Ihe date of adoption of any impact to the local government, the regional planning modifications to the development order, the location agency, the state land planning agency, and all affected where the adopted order with any modifications may be permit agencies on the date speciflEld in the develop- examined, and that the development order constitutes ment order. If the annual report is not received, the a land development regulation applicable to the prop- regional planning agency or the slate land planning erty. The recording of this notice shall not constitute a agency shall notify the local government. If the local gov- lien, cloud, or encumbrance on real property, or actual ernment does not receive the annual report or receives or constructive notice of any such lien, cloud, or encum- notification that the regional plaMing agency or the brance. This paragraph applies only to developments state land planning agency has not received the report, initially approved under this section after July 1. 1980. the local government shall request in writing that the (g) If the property is annexed by another local juris- developer submit the report within l:l days. The failure diction, the annexing jurisdiction shall adopt a new to submit the report after 30 days shall result in the tem- development order that incorporates all previous rights porary suspension of the development order by the local and obligations specified in the prior development order. government. (16) CREDITS AGAINST LOCAL IMPACT FEES.- (19) SUBSTANTIAL DEVlATlONS.- (a) If the development order requires the developer (a) Any proposed change 10 a previously approved to contribute land or a public facility or construct, development which creates a reasonable likelihood of expand, or pay for land acquisition or construction or additional regional impact, or any type of regional impact created by the change not previously reviewed expansion of a public facility, or portion thereof, and the by the regional planning agency, shall constitute a sub- developer is also subject by local ordinance to impact stantial deviation and shall cause the development to be fees or exactions to meet the same needs, the local gov- subject to further development-of-regional-impact ernment shall establish and implement a procedure that review. credits a development order exaction or fee toward an (b) Any proposed change to a previously approved impact fee or exaction imposed by local ordinance for development of regional impact or developmenl order the same need; however, if the Florida Land and Water condition which, either individually or cumulatively with Adjudicatory Commission imposes any additional other changes, exceeds any of the following criteria shall requirement, the local governmenl shall not be required constitute a substanlial deviation and shall cause the to grant a credit toward the local exaction or impact fee development to be subject to further development-<lf- unless the local government determines that such regional-impact review without the necessity fOt a find. required contribution, payment, or construction meets ing of same by the local government: the same need that the local exaction or impact fee 1. An increase in the number of parking spac~s at would address. an attraction or recreational facility by 5 percent or 300 (b) If the local government imposes or increases an spaces, whichever is greater, or an increase in the num- impact fee or exaction by local ordinance after a de vel- ber of spectators that may be accommodated at such a opment order has been issued, the developer may peti- facility by 5 percent or 1,000 spectators, whichever is tion the local government, and the local government greater. shall modify the affected provisions of the development 2. A new runway, a new terminal facility, a 10- order 10 give the developer credit for any contribution of percent expansion to an existing runway, or a 20- land for a public facility, or construction, expansion, or percent increase in the floor area of an existing terminal. contribution of funds for land acquisition or construction 3. An increase in the number of hospital beds by 5 or expansion of a public facility, or a portion thereof, percent or 60 beds. whichever is greater. required by the development order toward an impact lee 4. An increase in industrial development area by 5 or exaction for the same need. percent or 32 acres, whichever is greater. (c) The local government and the developer may 5. An increase in the average annual acreage enter into capital contribution front-ending agreements mined by 5 percent or 10 acres, whichever is greater, Of as part of a development-of-regional-impact develop- an increase in the average daily water consuf'T1)tion by ment order to reimburse the developer, or his successor, a mining operation by 5 percent or 300,000 gallons, for voluntary contributions paid in excess of his fair whichever is greater. An increase in the size of the mine share. by 5 percent or 750 acres, whichever is less. (d) This subsection does not apply to internal, onsite 6. An increase in land area for office development facilities required by local regulations or to any offsite by 5 percent or 6 a~es, whichever is greater, or an 1208 . ~S.19i1 LAND AND WATER MANAGEMENT Ch.380 - - ~ ~- increase of gross floor area of office development by 5 (d) A change in the plan of development of an percent or 60,000 gross square feet, whichever is approved development of regional impact resulting from greater. requirements imposed by the Department of Environ- 7. An increase in the storage capacity for chemical mental Regulation, the Department of Natural or petroleum storage facilities by 5 percent, 20,000 bar. Resources, or any water management district created rels, or 7 million pounds, whichever is greater. by s. 373.069 or any of their successor agencies or by 8. An increase of development at a water port of wet any appropriate federal regulatory agency shall be sub- storage for 20 watercraft, dry storage for 30 watercraft, milled to the local government pursuant to this subsec- or wet/dry storage for 60 watercraft in an area identified tion. The change shall b€ presumed not 10 create a sub- in the state marina siting plan as an appropriate site for stanlial deviation subject to further development-of- additional waterport development or a 5-percent regional-impact review. The presumption may be rebut- increase in watercraft storage capacity. whichever is ted by clear and convincing evidence at the public hear- grealer. ing held by the local government. 9. An increase in the number of dwelling units by 5 (e)1. A proposed change which, either individually I percent or 50 dwelling units, whichever is greater. or, if there were previous changes, cumulatively with 10. An increase in commercial development by 6 those changes, is equal to or exceeds 40 percent of any acres of land area or by 50,000 square feet of gross floor numerical criterion in subparagraphs (b)1.-15., but area. or of parking spaces provided for customers for which does not exceed such criterion, shall be pre. 300 cars or a 5-percent increase of any of these, which- sumed not to create a substantial deviation subject to ever is greater. further development-of-regional-impact review. The 11. An increase in hotel or motel facility units by 5 presumption may be rebutted by clear and convincing percent or 75 units, whichever is greater. evidence at the publiC hearing held by the local govern- 12. An increase in a recreational vehicle park area by ment pursuant to subparagraph (1)5. 5 percent or 100 vehicle spaces. whichever is less. 2. Except for a development order rendered pursu- 13. A decrease in the area set aside for open space ant to subsection (22) or subsection (25), a proposed of 5 percent or 20 acres, whichever is less. change which, either individually or, if there were previ- 14. A proposed increase to an approved multiuse ous changes, cumulatively with those changes, is less development of regional impact where the sum of the than 40 percent of any numerical criterion in subpara- increases of each land use as a percentage of the appli- graphs (b)1.-15. and does not exceed any other crite- cable substantial deviation criteria is equal to or exceeds rion. or which involves an extension of the date of build. 100 percent. The percentage of any decrease in the out of a development or phase of a development by less amount of open space shall be treated as an increase than 3 years, is not a substantial deviation and is not for purposes of determining when 100 percent has been subject to a public hearing pursuant to subparagraph reached or exceeded. (f)3. or a determination pursuant to subparagraph (f)5. 15. A 15-percent increase in the number of external Notice of the change shall be made to the regional plan- vehicle trips generated by the development above that ning council and the state land planning agency by pro- which was projected during the original development- viding them with the information required in subpara- of-regional-impact review. graph 4., including appropriate amendments to the 16. Any change which would result in development development order, on forms to be adopted by the state I of any area which was specifically set aside in the appli- land planning agency by rule. cation for development approval or in the development 3. Any addition of land not previously reviewed or order for preservation or special protection of endan- any change not specified in paragraph (b) or paragraph gered or threatened plants or animals designated as (c) shall be presumed to create a substantial deviation. endangered, threatened, or species of special concern This presumption may be rebutted by clear and convinc. and their habitat, primary dunes, or archaeological and ing evidence. historical sites designated as significant by the Division 4. Any submittal of a proposed change to a previ- of Historical Resources of the Department of State. The ously approved development shall include a description further refinement of such areas by survey shall be con- of individual changes previously made to the develop- sidered under sub-subparagraph (e)5.b. menl, including changes previously approved by the (c) An extension of the date of buildout of a develop- local government. The local government shalf consider ment. or any phase thereof, by 5 or more years shall be the previous and current proposed changes in deciding presumed to create a substantial deviation subject to whether such changes cumulatively constitute a sub- further development-of-regional-impact review. An stantial deviation requiring further development-of- extension of the date of buildout. or any phase thereof, regional-impact review. of 3 years or more but less than 5 years shall be pre- 5. The following changes to an approved develop- sumed not to create a substantial deviation. These pre- ment of regional impact shall be presumed to create a sumptions may be rebutted by clear and convincing eVI- substantial deviation. Such presumption may be rebut. dence at the public hearing held by the local govern- ted by clear and convincing evidence. ment. For the purpose of calculating when a build out a. A change proposed for 15 percent or more of the date has been exceeded,lhe time shall be tolled during acreage to a land. vse not previously approved in the the pendency of administrative or judicial proceedings development order. Changes of less than 15 percent relating to development permits. shall be presumed not to create a substantial deviation. 1209 Ch. 380 LAND AND WATER MANAGEMENT F.s. 1~ work with units of local government in preparing and facilities to the extent such facilities are necessary to adopting local impact fee and other contribution ordi. provide safe and adequate services to the development nances. (17) LOCAL MONlTORING.-The local government (f) Notice of the adoption of a development order or issuing the development order is primarily responsible the subsequent modification of an adopted develop. for monitoring the development and enforcing the prOVi. ment order shall be recorded by the developer, in sions of the development order. Local governments accordance with s. 28.222, with the clerk of the circuit shall not issue any permits or approvals or provide any court for each county in which the development is extensions of services if the developer fails to act in sub- located. The notice shall include a legal description of stantial compliance with the development order. the property covered by the order and shall state which (18) ANNUAL REPORTS.- The developer shall sub- unit of local government adopted the development mit an annual report on the development of regional order, the date of adoption, the date of adoption of any impact to the local government, the regional planning modifications to the development order, the location agency, the state land planning agency, and all affected where the adopted order with any modifications may be permit agencies on the date specified in the develop- examined, and that the development order constitutes ment order. If the annual report is not received, the a land development regulation applicable to the prop- regional planning agency or the state land planning erty. The recording of this notice shall not constitute a agency shall notify the local government If the local gov- lien, cloud, or encumbrance on real property, or actual ernment does not receive the annual report or receives or constructive notice of any such lien, cloud, or encum- notification that the regional planning agency or the brance. This paragraph applies only to developments state land planning agency has not received the report, initially approved under this section after July 1, 1980. the local government shall request in writing that the (g) If the property is annexed by another local juris- developer submit the report within 3) days. The failure diction, the annexing jurisdiction shall adopt a new to submit the report after 30 days shall result in the tem- development order that incorporates all previous rights porary suspension of the development order by the local and obligations specified in the prior development order. government. (16) CREDITS AGAINST LOCAL IMPACT FEES.- (19) SUBSTANTIAL DEVIATIONS.- (a) If the development order requires the developer (a) Any proposed change to a previously approved to contribute land or a public facility or construct, development which creates a reasonable likelihood of expand, or pay for land acquisition or construction or additional regional impact, or any type of regional expansion of a publiC facility, or portion thereof, and the impact created by the change not previously revieWed by the regional planning agency, shall constitute a sub- developer is also subject by local ordinance to impact stantial deviation and shall cause the development to be fees or exactions to meet the same needs, the local gov- subject to further development-of-regional-impact ernment shall establish and implement a procedure that review. credits a development order exaction or fee toward an (b) Any proposed change to a previously approved impact fee or exaction imposed by local ordinance for development of regional impact or development order the same need; however, if the Florida land and Water condition which, either individually or cumulatively with Adjudicatory Commission imposes any additional other changes. exceeds any of the following criteria shall requirement, the local government shall not be required constitute a substantial deviation and shall cause the to grant a credit toward the local exaction or impact fee development to be subject to further development-of- unless the local government determines that such regional-impact review without the necessity fOf a find. required contribution, payment, or construction meets ing of same by the local government: the same need that the local exaction or impact fee 1. An increase in the number 01 parking spaces at would address. an attraction or recreational facility by 5 percent oi 300 (b) If the local government imposes or increases an spaces, whichever is greater, or an increase in the num- impact fee or exaction by local ordinance after a devel- ber of spectators that may be accommodated at such a opment order has been issued, the developer may peti- facility by 5 percent or 1 ,(xx) spectators, whichever is tion the local government, and the local government greater. shall modify the affected provisions of the development 2. A new runway, a new terminal facility, a 10- order 10 give the developer credit for any contribution of percent expansion to an existing runway, or a 20- land for a public facility, or construction, expansion, or percent increase in the floor area of an existing terminal. contribulion of funds for land acquisition or construction 3. An increase in the number of hospital beds by 5 or expansion of a public facility, or a portion thereof, percent or 60 beds, whichever is greater. required by the development order toward an impact fee 4. An increase in industrial development area by 5 or exaction for the same need. percent or 32 acres, whichever is greater. (c) The local government and the developer may 5. An increase in the average annual acreage enter into capital contribution front-ending agreements mined by 5 percent or 10 acres, whichever is greater, or as part of a development-of-regional-impact develop- an increase in Ihe average daily water consulT1>lion by menl order 10 reimburse the developer, or his successor, a mining operation by 5 percent or 300,000 gallons, for voluntary contributions paid in excess of his fair whichever is greater. An increase in the size of the mine share. by 5 percent or 750 acres, whichever is less. (d) This subsection does nol apply to internal, onsite 6. An increase in land area for offICe development facilities required by local regulations or to any offsite by 5 percent or 6 ac~es, whichever is greater, or an 1208 " HI' Joht\ w~ .- I f.'!!. ,. f1 ?"D~ ~ . 1 ~ '-1Ji:: C'~\1\ '00t<.. I' 'f)~ STATE OF F lOR I D "- k~ I\,'c. p~ ~~ DEPARTMENT OF COMMUNI ocv\ ~~ ~ ^ l~~~ 2 740 CENTERVIEW OR I V E . TALLAHASSEE, ~~k~ 0 LAWTON CtULES ~~ ,u (b), SKI Go~trnor WI::- ...". January b, .L::1:7,- Mr. David Kovacs Director of Planning and Zoning city of Delray Beach 100 N. W. 1st Avenue Delray Beach, FL 33444-2698 Re: Water ford Place DRI Notification of Proposed Change File No. ADA-1085-040 Dear Mr. Kovacs: On December 7, 1991, Mr. Alan J. eiklin notified the Department of proposed changes to the Water ford Place Development of Regional Impact (DRI). The proposed change provides for a new use of 107,400 square feet of retail space on 11.25 acres, decreases office space by 233,000 square feet and eliminates the hotel land use. Because of outstanding questions related to the traffic report and analysis submitted with the notification of proposed change, the Department is concerned that the changes might create additional regional impacts. Therefore, the Department wishes to be advised 15 days in advance of the date, time, and location of the public hearing so that we may attend. The applicant is aware of the Department's concerns and if they are adequately addressed prior to the public hearing, you will be notified that we will not attend. If you have any questions about this matter, please call Donna Foster in the Bureau of state Planning at (904) 488-4925. Sincerely, J~~~~~~' Bureau of state PI~n1i~~ ~.~ JTB/dlf ~\j> ~ \~'11- " cc: Ms. Sally Black (TCRPC) ~~~\..' ~\'t\G:. Mr. Alan Ciklin (applicant) ~~O ~\~G. ,.,./ EMERGENCY MANAGEMENT · HOUSING AND COMMUNITY DlVElOPMENT · RESOURCE PLANNING A~AGEMENT' - ., \>>, .. -~ " ..#'.... . " ! ~ ",- '\, [ITY DF DELRAY BEA[H t r' , . .c f '- . , " 100 N W Is: AVE~UE . DELRAY BEACH, FLORIDA 33444 . 407/243- 7000 February 3, 1992 J. Thomas Beck, Chief Bureau of state Planning Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Re: Notice of Hearing - Waterford/DELINT D.R.I. Determination of Substantial Deviation Dear Mr. Beck: Pursuant to the request contained in your letter of January 6, 1992, and pursuant to 380.06(19)(f), please be advised that the City Commission of the City of Delray Beach will conduct a public hearing on Tuesday, February 25, 1992, for the purpose of determining whether or not a substantial deviation exists and, hence, whether or not further development of regional impact review is required. The public hearing will be held in the City Commission Chambers which is located at 100 N.W. 1st Avenue, Delray Beach. The public hearing will commence at 7:00 p.m. The Planning and Zoning Board will review the request at its meeting of February 10, 1992, and will make its recommendation, as the Local Planning Agency at that time. Please feel free to provide your comments and concerns as they become available. Enclosed is our letter of notice which has been provided to the applicant. We look forward to your particIpation and advice with respect to implications of the proposed changes. j~\)~ vid J. Kovacs, A.I.C.P., Director Department of Planning and Zoning Attachment: * Kovacs letter of January 27, 1992 . c: John Walker, Project Coordinator (City) . THE EFFORT AU':AYS MATTERS " . MEMORANDUM "- TO, ./rYOR AND CITY COMMISSIONERS S--o FROM: ITY MANAGER SUBJECT: AGENDA ITEM i /0 /1 - MEETING OF JUNE 23. 1992 COMPREHENSIVE PLAN 92-2 DATE: June 19, 1992 This is the second amendment to the Comprehensive Plan. The first amendment (92-1) generally focuses upon updating the work program in the Comprehensive Planj making adjustments to the Capital Improvement programj status of various objectives and policies j correctionsj and general housekeeping. The second amendment (92-2) , addresses specific items which need attention prior to the end of the calendar year. Significant features of Amendment 92-2 include: -The Central Business District - Geographic Area of Exception (CBD-GAE) "Village Center" scenario. -Changes to the Traffic Network Map to update Level of Service standards, update roadway jurisdiction, and street name changes. -A Future Land Use Map amendment introducing industrial land to the area around the Series 20 wellfield. -Inclusion of railway entities and facilities in the inventory of facilities. -Inclusion of data and policies pertaining to the City Marina and Marina Enterprise Fund. -Funding source for repair and replacement of equipment. -Altering a policy in the Housing Element which referred to Blood's Grove. The Planning and Zoning Board at their June 15th meeting recommended approval of Amendment 92-2 with the following three changes: -That the City Marina Enterprise Fund be retained. -That the acceleration from FY 94/95 to FY 92/93 of the Leon Weekes Scrub Interpretive Trail be deleted. -That the adoption of a light industrial zoning district (King Land Use Amendment) occur prior to December 30, 1992. The City Manager has a concern with the language proposed in the Capital Improvement Element Section P.III-H-7 as it relates to the Marina Fund and the exclusive retention of this fund. The paragraph included in Amendment 92-2 reads as follows: "The City Marina Enterprise Fund accrues revenues from the operation of the City Marina, a 25-s1ip facility on the Intracoastal Waterway just south of Atlantic Avenue. Boat slips are rented by the City for both live-aboards and short term mooring. The Fund covers operating expenses and has a projected FY 92/93 surplus of $272,674 which could be used for repair, ". . replacement and upgrading of the facility to maintain marketability of the Marina and to address needs deriving from its continued operation such as the installation of a sewage pump-out station in FY 92/93 ($75,OOO) . The Fund surplus could also be allocated to other capital improvements or operating needs pertaining to Intracoastal Waterway access, additional marina facilities, seawalls and related itemsll. The Manager proposes to change the last sentence of this paragraph to read as follows: liThe Fund surplus could also be allocated to other Parks and Recreation capital improvements or operating needs. II Recommend staff be authorized to transmit Comprehensive Plan Amendment 92-2 to the State Department of Community Affairs for review; with recommended change to the paragraph concerning the Marina in the Capital Improvement Element. ". C I T Y COM MIS S ION DOC U MEN TAT ION TO: T. HARDEN, CITY MANAGER THRU: ~~OR DEPARTMENT OF PLANNING AND ZONING FROM: STAN WEEDON, PLANNER III jJ SUBJECT: MEETING OF JUNE 23, 1992 COMPREHENSIVE PLAN AMENDMENT 92-2 ACT ION B E FOR E THE COM MIS S ION: The action requested of the City Commission is that of transmittal of Comprehensive Plan Amendment 92-2 to the State Department of Community Affairs for the required 90 day review. B A C K G R 0 U N D: The City is allowed to enact two Amendments to its Comprehensive P Ian each year. Our first Amendment (92-1) was transmitted to the State for review on April 16, 1992. Final adoption of Amendment 92-1 is anticipated to occur in late August 1992. The second Amendment (92-2), normally addresses specific items which need attention prior to the end of the year. In the course of preparing the 2nd Amendment, some administrative and corrective items are also addressed. Amendment 92-2 was initiated by the City Commission on May 26, 1992. The significant features of Amendment 92-2 include: 1. The CBD-GAE, "Village Center" scenario embraced within our GAE application, including the ability to have residential density up to thirty units per acre. Also, changes to the Traffic Element to accommodate new L.O.S. standards. (See Support Document #1) 2. Changes to the Traffic Network Map relating to updated L.O.S. standards, updated roadway jurisdiction, and street name changes. (See Support Document #2) 3. A Future Land Use Map Amendment introducing industrial land use to the area around the Series 20 wellfield. (See Support Document #3) ", City Commission Documentation Comprehensive Plan Amendment 92-2 Page 2 4. Inclusion of railway entities and facilities in the inventory of facilities and adding a policy endorsing the continuation of service to Delray Beach. (See Support Document #4) 5. Inclusion of data and policies pertaining to the City Marina and Marina Enterprise Fund. (See Support Document #5 and attached memorandum to the City Manager) 6 . Funding source for repair and replacement of equipment (See Support Document #6) 7 . Altering a policy in the Housing Element which previously referred to Bloodls Grove. (See Support Document #7) Other topics addressed in Amendment 92-2 are listed below. Information on each of these items is provided in the comments portion of the Amendment. * Text and map additions regarding the location of vehicle accidents involving bicycles or pedestrians. (p. 3 & 4) * Amendment to the 5-year schedule of capital improvements to accommodate improvement of the ballfield by the Boy Scout Hut. (p. 5) * Changes to accommodate the manner in which the CIP is administratively prepared. (p. 28, 29, & 40) * Other editorial changes to policies to reflect current management structures and operations. I T EMS ADDED AFT E R I NIT I A T ION The Bloodls Grove item (#7 above) was added to Amendment 92-2 subsequent to initiation by the City Commission. Please refer to Support Document #7 for specific information regarding this item. The recommendation of the Planning and Zoning Board is that Housing Element, Policy C-2.1 be modified so it addresses a general geographic area and that it does not specify Bloodls Grove. I T EMS I NIT I ATE D, BUT NOT I N C L U D E D The following items were included in the initiation of Amendment 92-2 but were subsequently removed for the reasons noted: 1. Location: Traffic Element, P. III-C-23, Objective B-4 Change: NEW POLICY, B-4.3 regarding establishment of a traffic data base to measure levels of congestion associated with the downtown GAE development .., City Commission Documentation Comprehensive Plan Amendment 92-2 Page 3 Comment: This new policy was determined to be unnecessary and was deleted upon further analysis of the GAE/"Village Center" scenario. (See Support Document #1) 2 . Location: Open Space & Recreation Element, P. III-D-2l, Policy B-3.1 Change: REVISION to reference the Development Services Management Group rather than the Development Services Group for programs and options regarding establishment of a shuttle transportation system between major beach access points and remote parking areas. Comment: This change was determined to be unnecessary at this time. 3. Location: Housing Element, P. III-E-21, Policy A-5.3 Change: AMENDMENT to Policy A-5.3 to add the eight points of the City Attorneyls memorandum of September 30, 1988, eliminating the reference thereto for clarification. Comment: This change was quite lengthy and best addressed by distributing a copy of the memo to those involved in implementation of the Housing Element. 4. Location: Housing Element, P. lll-E-23, Policy B-2.3 Change: REVISION to reference the Community Improvement Department rather than the Development Services Group for programs and activities to be undertaken within rehabilitation areas. Comment: This change was determined to be unnecessary at this time. 5. Location: Housing Element, P. lII-E-28, Policy C-3.3 Change: REVISION of the policy (practices not to be followed as means to provide affordable housing in new development) for clarification purposes. Comment: This change was eliminated because the language is sufficiently clear and needs no clarification. 6. Location: Future Land Use Element, P. III-G-32, 4. New Objective C-6 and Policies Change: ADDITION to address the GAE, "Village Center" scenario and an increase to 30 dwelling units per acre. "~ City Commission Documentation Comprehensive Plan Amendment 92-2 Page 4 Comment: The components of the proposed new objective and associated policies are addressed via new policies A-5.l3 and A-5.14. 7. Location: Requirements for Capital Improvements Implementation, P. IV-12-15, Table IV-3 Five Year Capital Improvements Schedule >$100,000; Storm Drainage Utility Fund Change: AMENDMENT, advance various drainage projects from the second planning period (1996-2000) to FYls 92/93, 93/94, and 94/95. Comment: Removed pending completion of the Drainage Study. B. Location: P. IV-12 through 15, Table IV-3 Five Year Capital Improvements Schedule >$lOO,OOO; Park In-Lieu Fund Change: Amendment to advance construction of the Leon Weekes Interpretive Trail from FY 94/95 to FY 92/93 and amending the amount from $120,000 to $100,000. Comment: Removed at request of Planning and Zoning Board. (See Item #2 below) p & Z BOARD CON SID ERA T ION The Planning and Zoning Board considered Amendment 92-2 at a public hearing on June 15, 1992 at which time public testimony was received. Mr. King (King Land Use Amendment) and Ms. Carol Stanley (representing Bloodls Grove) addressed the Board on their respective items and were satisfied by the Board's actions. The Board recommended approval of Amendment 92-2 with the following three changes: 1. That the City Marina Enterprise Fund be retained via description of the Fund in the Capital Improvement Element, and modified the language of the paragraph to be added to the Plan (See attached memorandum to the City Manager) 2. That the acceleration of the Leon Weekes Scrub Interpretive Trail from FY 94/95 to FY 92/93 be deleted, and that these Park In-Lieu funds continue to accumulate for the acquisition and development of the park in the southwest, which should occur prior to construction of the interpretive trail. .'1 City Commission Documentation Comprehensive Plan Amendment 92-2 Page 5 3. That the adoption of a light industrial zoning district relating to the King Land Use Amendment occur prior to December 30, 1992 rather than June 30, 1993. These items are accommodated in the Amendment document attached hereto. The support documents referenced herein, are available in either the City Managerls Office or the Planning Department. PRO C E S SIN G S C H E D U L E The proposed processing schedule for Amendment 92-2 is: November 3 Receipt of ORC Report from the State Department of Community Affairs December 8 Adoption of Amendment 92-2 R E COM MEN D A T ION: By motion, transmit Comprehensive Plan Amendment 92-2 to the state Department of Community Affairs for the required review. C: Correspondence File Amendment 92-2 File Attachment: Amendment 92-2, dated June l6, 1992 T:CCT92-2.DOC ". M E M 0 RAN DUM TO: Dav d T. Harden, City Manager THRU: d~~V~~ng and Zoning Director FROM: Stan Weedon. Planner II~ SUBJECT: COMPREHENSIVE PLAN AMENDMENT 92-2 RE: MARINA DATE: June l7, 1992 The Planning and Zoning Board considered Comprehensive Plan Amendment 92-2 at their public hearing of June 15, 1992. A part of the consideration of this amendment was identification of the City Marina and the City Marina Enterprise Fund. As the Board had taken a strong stand to maintain the Marina Fund at an earlier workshop, your memo of June 1, was transmitted to the Board as an attachment to a revised City Marina memo (attached). The revised memo offered the Planning and Zoning Board three optional approaches regarding the Marina and Marina Fund. The Board, upon consideration of the information before them recommended that the Marina be identified in the Public Facilities Element3 and, the City Marina Enterprise Fund be retained via identification in the Open Space and Recreation Element and the Capital Improvement Element. The Board revised the last sentence of the paragraph added to the Capital Improvement Element to read "The Fund surplus could also be allocated to other capital improvements or operating needs pertaining to Intracoastal Waterway access, additional marina facilities, seawalls and related items". The Planning and Zoning Board therefore recommended the actions noted below: Identification of the City Marina in the Inventory and Analysis - Buildings and Other Facilities section of the Public Facilities Element, via addition of the following paragraph: The City Marina is a 25-slip facility on the Intracoastal Waterway and is addressed in the Open S~ace and Recreation Element. '1 - David T. Harden Comprehensive Plan Amendment 92-2 Re: Marina Page 2 PUBLIC FACILITIES ELEMENT 1- Location: P.III-B-15 and 16. Inventory and Analysis --- Buildings and Other Facilities, New item and new paragraph Change: ADDITION - NEW ITEM . City Marina Change: ADDITION - NEW PARAGRAPH (After Public Safety Building Paragraph) The City Marina is a 25-slip facility on the Intracoastal Waterway and is addressed in the Open Space & Recreation Element. OPEN SPACE AND RECREATION ELEMENT 2. Location: P.III-D-12,. Other Items, New Paragraph One Change: ADDITION The City Marina is a 25-slip faCility on the Intracoastal Waterway iust south of Atlantic Ave. Boat slips are rented by the City for both live-aboards and short term moorinq. Available amenities include restrooms and laundry facilities. CAPITAL IMPROVEMENT ELEMENT 3. Location: P.III-H-7. Analysis, New Paragraph Under Parks and Recreation Facilities. Change: ADDITION Park and Recreation Facilities: The City has had mandatory fee in-lieu of dedication for park facilities. That fee has been the basis for much of the park improvement work. This fee currently provides between $200,000 to $300,000 per year in revenue. This amount will gradually diminish until the year 2000 (build-out) at which time it will be in the range of $50,000 to $75,000 per year. Park facilities have also been funded in part by grants. The City Marina Enterprise Fund accrues revenues from the operation of the City Marina, a 25-slip facility on the Intracoastal Waterway iust south of Atlantic Ave. Boat slips are rented by the City for both live-aboards and short term mooring. The Fund covers operating expenses and has a projected FY 92/93 surplus of $272,674 which could be used for repair, replacement and upqradinq of the facility '" David T. Harden Comprehensive Plan Amendment 92-2 Re: Marina Page 3 to maintain the marketability of the Marina and to address needs deriving from its continued operation such as the installation of a sewaqe pump-out station in FY 92/93 ($75,000) . The Fund surplus could also be allocated to other capital improvements or operatinq needs pertaininq to Intracoastal Waterway access, additional marina facilities, seawalls and related items". The Board reiterated its concerns that the City Marina have a dedicated funding source for repair, replacement and upgrading of the facility to maintain marketability and to address needs deriving from its continued operation. The Board further indicated that retaining this fund would establish a reserve for such specific items as hurricane repair, upgrades resulting from revised regulations (State and Federal), and aesthetic upgrades. c: Joe Safford, Finance Director Joe Weldon, Director of Parks and Recreation John Walker, Project Coordinator Amendment 92-2 File Correspondence File " CITY OF DELRAY BEACH COMPREHENSIVE PLAN AMENDMENT 92-2 JUNE 16, 1992 '" INDEX AMENDMENTS TO THE TEXT OF THE COMPREHENSIVE PLAN I. Part II. Summary of Major Features of the Comprehensive Plan . . . . . . . . . . . . . . 1 II. Conservation Element . . . . . . . . . . . . . . . 1 III. Public Facilities Element . . . . . . . . . . . . . 1 IV. Traffic Element . . . . . . . . . . . . . . . . . . 2 V. Open Space and Recreation Element . . . . . . . . . 5 VI. Housing Element . . . . . . . . . . . . . . . . . . 23 VII. Coastal Management Element . . . . . . . . . . . . 23 VIII. Future Land Use Element . . . . . . . . . . . . . . 23 IX. Capital Improvements Element . . . . . . . . . . . 28 X. Intergovernmental Coordination Element . . . . . . 28 XI. Part IV. Requirements for Capital Improvements Implementation . . . . . . . . . . . . 28 XII. Part V. Procedures for Monitoring and Evaluation of the Plan . . . . . . . . . . . . . . 30 AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICES OF THE PLAN I. Conservation Element . . . . . . . . . . . . . . . 3l II. Public Facilities Element . . . . . . . . . . . . . 31 III. Traffic Element . . . . . . . . . . . . . . . . . . 31 IV. Open Space and Recreation Element . . . . . . . . . 33 V. Housing Element . . . . . . . . . . . . . . . . . . 34 VI. Coastal Management Element . . . . . . . . . . . . 36 VII. Future Land Use Element . . . . . . . . . . . . . . 36 VIII. Capital Improvements Element . . . . . . . . . . . 39 IX. Intergovernmental Coordination Element . . . . . . 41 AMENDMENTS TO THE FUTURE LAND USE MAP I. Future Land Use Map Amendments . . . . . . . . . . 42 II. City Boundary Adjustments Pursuant to Annexations . . . . . . . . . . . . . . . . . . 42 " AMENDMENTS TO THE TEXT I. Part II. SUMMARY OF MAJOR FEATURES OF THE COMPREHENSIVE PLAN There are no amendments to this section. II. CONSERVATION ELEMENT There are no amendments to the text of this Element. III. PUBLIC FACILITIES ELEMENT 1. Location: P.III-B-l5 and l6, 7. Inventory and Analysis --- Buildings and Other Facilities, New item and new paragraph Change: ADDITION - NEW ITEM . City Marina Change: ADDITION - NEW PARAGRAPH (After Public Safety Building Paragraph) The City Marina is a 25-slip facility on the Intracoastal Waterway and is addressed in the Open Space & Recreation Element. Comment: The existing City Marina should be included in the inventory of buildings under the auspices of the City. [See Support Document #5]. 2. Location: P. III-B-l6, 7. Inventory and Analysis --- Buildings and Other Facilities, New paragraph five, and P. III-B-18, 8. Needs and Recommendations, New item Change: ADDITION - NEW PARAGRAPH Each of the facilities under the auspices of the Ci ty include plant and equipment which must be maintained, replaced or upqraded to insure continuation of the adopted level of service. Replacements of irreparable or obsolete office equipment (e.q. photocopiers, furniture, etc.), replacement of computer hardware, and replacement of major pieces of equipment (e.g. front-end loaders, qenerators, ete.) as well as buildinq maintenance and repair will be required as needed to continue the efficient delivery of services. "l Change: ADDITION - NEW ITEM . Provide a fundinq source for replacement of irreparable or obsolete office equipment, replacement of computer hardware and replacement of major pieces of equipment. Comment: Clarification of the need to maintain and upgrade plant and equipment, together with a dedicated source of funding for that purpose, provides a clear logic for inclusion of large-scale items in this category into the Five Year Schedule of Improvements. [See Support Document #6]. IV. TRAFFIC ELEMENT 1- Location: P. lll-C-2, 2. Inventory, New item Change: ADDITION . The City is served by four railroad entities: East Rail Line: ~ Florida East Coast (FEC) Railroad is a freiqht hauler with tracks qenerally parallel/adjacent to Federal Hiqhway. West Rail Lines: . Seaboard Coast Line (CSX) Railroad is a freiqht hauler utilizing tracks qenerally parallel to and lying west of 1-95. . Amtrack passenger railroad serves the City with a station stop just north of West Atlantic Avenue. This station serves approximately 10,000 passenqers per year. ~ Tri-Rail is a commuter railroad which serves the City with a station stop south of West Atlantic Avenue. Comment: Correct inventory via inclusion of railroad entities. [See Support Document #4]. 2 ;'. 2. Location: P. III-C-9, Inventory, New item Change: ADDITION . The City has defined a "Village Center" development scenario (see Future Land Use Element) for a geographic area in the downtown. This development scenario has been proiected to generate a peak of 13,597 total daily trips. The development scenario traffic analYSis estimated that the overall land use mix would result in 27% of the total traffic remaining within the geographic area. The resulting total external development traffic is 8,581 daily trips. (Source: Exhibit 19, City of Delray Beach Downtown Core Geographic Area of Exception Traffic Study, Dated Revised September l2, 1991) . Comment: [See Support Document #1]. 3. Location: P. lll-C-8 & 9 New Figure T-5 Change: ADDITION Add new map (T-5) showing the location of vehicle accidents involving bicycles or pedestrians for calendar year 1991 and the accompanying text: . Figure T-5 shows 1991 vehicle accident locations involving a bicycle or pedestrian. Comment: This revised figure is information relative to goal area "D" of the Traffic Element. 4 . Location: P. lll-C-12, Analysis, New item Change: ADDITION . The downtown "Village Center" development scenario (see Figure L-8 in the Future Land Use Element) is generally bounded by West 1st Avenue, N.E. 4th Street, Federal Highway and Intracoastal Waterway, and S.E. 2nd Street. The development pattern planned for this area will increase traffic volumes in the downtown area. Three specifiC items resulted from the traffic analysis relative to this development scenario. 3 "~ FIGURE T-5 l<.i<.i] BICYCLE At;!) FE:)i':ST:-:L\\ ,'.,'ClDEJd S 11 ES - <t 0 0:: w 3..- I- t.&..Z Vi w l.&J l- t: -~ z V1 :1:..- w Ua::: 0 t- <t<{ u z Z~ u w l.&J(l. <( 0 COw u >-0 z u t; ~ . <tt:) 0:: I N lii ~ O::z -J_ i o ~ w u wz 0 t; Oz W I a- m lL.:3 0 z 0 <IIlII O(l. w C> ~ ~ .. -" -- -. -- -..... U "-.,... Yly 0 0-1 IH'a -, )n lAY NOH~~ I D~ I t; lAY t D .-.sED ~ I f! I ... ... r ... I ", I . I SSllI!)Nln . . I . Z I < . e:: ~ .....V1 Vlw ~ n ~ w..... o- w i : ~ wV1 ~ .....n.. ~ : L.. !.C g m ..... I ; moZ . ~ . -zW O'tOlS lIJ1.- I <e . i . u Wu . N . en ....J- . N U , 0- m J.n 111'" . . U 4 '" 1- A 27% internal capture will occur for development within the "Village Center". 2. The existing grid system of streets in the downtown and surrounding area allows external traffic from the "Village Center" to distribute using many alternate routes. This distribution results in traffic seeking/using alternate routes when roadways become congested. 3. The increased land use intensities and activities in the "Village Center" may result in opportunities relating to Transportation Demand Management (TDM) strategies for reducing peak hour traffic (ie: downtown trolley system). Comment: [See Support Document #1]. 5. Location: P. III-C-27 thru lII-C-29, Revised Figure T-4 and Table T-4 Change: REVISED Revised Future Traffic Network map and table. Comment: [See Support Document #2]. V. OPEN SPACE & RECREATION ELEMENT 1- Location: P.III-D-ll, 3. Analysis, Baseball/Softball Fields, New item Change: ADDITION ..!... Improve the existing field at the Boy Scout Complex, FY 93/94 Comment: An opportunity exists to reduce the deficiency in baseball fields by constructing a regulation replacement to the existing clay infield at the Boy Scout Complex, a City owned property on Lake Ida Rd. west of Swinton Ave. 2. Location: P.III-D-12, 3. Analysis, New Paragraph One Change: ADDITION The City Marina is a 25-slip faCility on the Intracoastal Waterway just south of Atlantic Ave. Boat slips are rented by the City for both 5 '1 EX I ST I l\(; ~L\I' Figure T- 4 TRAFFI C ELEto1ENT NETWORK T R A r~ FIe E L [ ~v1 E ~\j T [\j E TWO f1 K CITY OF OELRA Y BEACH, FL. ~ 2 ..- . r - - 1/1/(1 JANUARY, 1989 : r ... ,<.! IJ " >- .::\IY ~ I II.. I I, ) 0 ~ @l of ~,.,. --, II -- - : @~fl~I\\I~\\~ - --- CA!,A~___n__ ---~T ... -~iJ ; 1- 1 iJ ;1;; i 1/ 1\11\ 1\\IIIIII\lIIl1t I It tJ ~ l ~ j I ftJ i ~ J II I 1 If. . l-~' ) I T, ! 1 lu - ~ 1/ I ! LAKE IDA ROAD Ii, I i1J I I ILQ i ~ : I I =..:.J 1/ r-'--','-'- - - - ~1. I~--ll r-;-1~:-~~-~---JJ -1 19 't-'- . 'I I ;.. ~ @ II H . <l: i".: . U .' en <l: I I 0 I '.- '-- I I': <t ---1 a: a: !, /. --.." I .: 0 ofll ~ .-...J f-I I -: ~ :- u 2 - -1- - ~ . - _ 1 . .' <l: I . ~ I I: : T I. I:: JE ;'// 3: ~. . I I .' z of ,Q)" ~ ",. I-~l-- .... II I <l:~lllllllmllillll\II' : : 7... 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" <l:. t I 1/1 ;j r ~ ' /I I *No ports or a1rports eX1st 10 f-!.: / \ ;11 cr _r::--:-J I the City, oar will they exist in ~~.- ,~'; \ /: & ;= -=:] II J _ _ _ . _ _ the f u t u r e . u~ r~ J @ ~ _ --I II If r-;;l II I ~ I - L-38 -------CANAL - - -- -I r- ~ '-.;:_J__:-~,l'- r,JLP II ) ~ : C-15 CANAL ":;:;:: ii' 9 II r-J'. / tt ..........STATE PRINCIPAL ARTERIALS I . I I :) l :'-,,--- _ I II ===STATE MINOR ARTERIALS ----CITy COLLECTOR J',:" - -- --COUNTY MINOR ARTERIALS ~=;_= HIGH SPEED RAIL CORRIDOR 1/ -.-COUNTY COLLECTOR /; TRI-COUNTY cor-1MUTER LINE & V I F_E.C_ RAIL~IAY ~ STREET IDENTIFIER v *Refer to Street ~ TRAIN STATIOrJS (STOPS) Lis tin 9 p age r, 1!1111\ CaUl n Y ] UR I SO I CT I n ~ '~ TABLE ;:'-4 FL'TL'RE -r:ZN:'F1_C NET'.\ORK PROPOSED HAP .-. ..: ~ ~ w Q . I I I z ~ 0 . ~:J :~ : 0... ?; I - I OQ:: .... '"' ... ~z t- .~ I~ Cw ~ :w: ~ . a;: I -.... ~ I.&J ~~ :i~ ZN 'w I~ I 0::1 I ..... !o: U~ 01 . Ill: 0:1 0= :E z~ ..:~ U01 .~ I~ '0 Uo .... ~ ~o.. . 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H <:x:.c :z:.c o(:r:.c o(:r:.c :r: I( .c:r:.c .c:r:.c ~ ~ Ul ~ 10>0 ~ ~ ~ ~ ~ ~ ~ ~ S::r-lli') 1Or-l\O 1Il~ s:: r-l \0 S::r-l\O IIlrl Ul s:: <"Ir-l\D N.-i\D o III C111l1 01 III 0111 o III Ql III Ql 0 .....111 ....1lI ~I-l~ ~ ~ ~~ ~I-l ~~ ~ H ~~ I-l ~ CQ)tn OIQl~ OI'M S::Ql~ S::Qlla'l U Ql U s:: . Ql I>J . Ql la'l ..-1 't:l III s:: '0 . S::M ..-1 '0 . -.-I't:l III '0 III -.-I 3:'t:l 3:'t:l :t1ll1>J 001(1) O'M :tIllZ :tIllZ Ql Ql 01 :t .IllZ . 111 (I) lIll&<- 01&<- ux lIlr..- lIlr..- lIlr.. lfllfl ZI&<- lfl"'- ~ Ql '0 ~ ~ 111 ~ 111 111 1-4 III Ql 111 ~ > I-l ~ ~ III 't:l Ql .j.J .j.J 01 I-l ~ ~ .-i lfl III ::s .c III Ql 111 ;:l s:: .j.J > 111 111 0 '0 't:l Ql 0 111 ~ I-l 1%1 s:: s:: E-< > ..... r-l ~ ~ N N la'l I( ;:l III III e I>J 0 III '" U 3: al ~ .j.J CII 3: 3: ~ -.-I III Ul ~ l/) ~ (I) s:: .... ..... ~ Z III s:: ....... 0 to ....... ....... III Ul .... r-l I>J ~ la'l I>J r-l I>J ~ ~ 0 ::s I( III ~ Z III 0 :z: l/) 21 "I Proposed Table t ~la'l ~~ ~B ~l/) H l/) =~ . Ii') I~ N N N N N I N >< ~ cal E-t~ Sll9 - - - - - - 0 0 0 0 0 0 ~~ .., <Xl <Xl .., \D <Xl SH llI: Z 0 H t - 104 j;:l :>. :>. :>. :>. :>. :>. l/) ~ ~ .j.J ~ ~ ~ 104 -.-I -.-I -rl o.-f -.-I -rl llI: u u u u 0 u ~ :z: 0 104 5 Ul 104 1-4 1-4 1-4 I-l la. 0 0 0 0 H ~ ~ ~ ~ l/) u u u U III 111 Ql 01 M rl Ql ~ .... rl r-l III III .... rl rl .... U U .... U 0 0 0 0 0 0 U U U ~ ~ U 0 ~ 0 ~ ~'O Ql 1-4 'OQl Ql III III ::s III 1-4 > os:: ~ .j.JQl lll:Ql H lflrl > 2: ;:l S::II( 104 .co ~ ~ ~1%1 o III 0 ~1Il .....s:: s:: Ql 0 III ~ '.j.J eOl 3: s:: 1-4 e: . -.-I 1110 lfl~ ClU ~ ;:l 0 .c .c ....... ~ ~ ~ 111 Ql~ ..-I -.-I ::l ;:l Ql ~ ~ s:: S::Ql 111 s:: QlI-4 IOI-l III I-l Ul > .......1-4 >~~ ~Ql ~Ill ~ E-< < Ql ;:l Il(lfl.j.J Ill~ 1ll.j.J Ql la'l >E-< Ql Ql~ Ql~ 01 la'l .c -.-I .c'tlQl 1-4;:l I-l ;:l 1-4 lll: ~ 1-4:>' ~S::1-4 ~OI ~OI ~ E-< 0 Cllll Cl\N~ Ul to Ul III ..... ,.., NNlfl o.lI o.lI ~ 1-4 1-4 1-4 s:: Ql . .:t Ql,Cl Ql,Cl 01 3: 1lI::S 3:3:Ql .c1-4 .c:1-l .c: 1-4.... .z ~::s ~;:l ~ lfl 1%11%1 lfll/)- OU ou 0 22 "l live-aboards and short term mooring. Available amenities include restrooms and laundry facilities. Comment: [See Support Document #5]. VI. HOUSING ELEMENT There are no amendments to the text of this Element. VII. COASTAL MANAGEMENT ELEMENT There are no amendments to the text of this Element. VIII. FUTURE LAND USE ELEMENT 1- Location: P. III-G-3, New Section and Paragraph Change: Addition OTHER ITEMS: The followinq information is in addi tion to the requirements of 9J-5-006(1). More detailed information can be found in the document "Delray Beach Downtown Core Geographic Area of Exception from the Countywide Traffic Performance Standards", October, 1991- As a first step in pursinq an obiective of having a Downtown Development Program, the City of Delray Beach has created a "Village Center" concept scenario which addresses all the land located in the CBD and OSSHAD Zoninq Districts, lyinq west of the Intracoastal Waterway. This development scenario promotes continued development and redevelopment in the downtown area through an enhanced balance of employment, housinq, economic development and traffic. 23 ,.. The GAE currently consists of approximately 235 acres of land. The aggregated major land uses include: Commercial 24% Railroad R-O-W 3% Sinqle Family Residential 11% Office 15% Multi-Family Residential 7% Warehouse 4% Vacant 6% Industrial 3% Hotel 1% Other 3% Road R-O-W 20% The "Village Center" development scenario map (Fiqure L-8) illustrates proposed general land uses for the GAE. Table L-2a shows a comparison to the amount of current and proposed land uses. TABLE L-2a Village Center Land Uses, Current and Proposed USES CURRENT PROPOSED Commercial 895,162 sq. ft. 1,112,994 sq. ft. Office 585,995 sq. ft. 581,086 sq. ft. Industrial 89,156 sq. ft. 180,118 sq. ft. Warehouse 181,930 sq. ft. 151,092 sq. ft. Hotel 127 units 180 units SF Residential 145 units 91 units MF Residential 264 units 957 units Vacant 15.23 acres o acres Other 117,533 sq. ft. 161,945 sq. ft NOTE: This is a new table, underlining in the text of this report omitted for clarification. The followinq is a brief summary of the hiqhlights of this development scenario: 1- Full infill development: The 15 remaining acres of vacant land, will be fully developed over the next 20 year period. 2- Moderate increase in total non-residential development: Redevelopment and adaptive reuse of existing non-residential structures and new construction would result in a maximum 317,470 sq. ft. (17%) increase in buildinq floor area. One such development could be the Pineapple Grove Business Park (see item #4 below). 24 ", 3- Residential development: An increase in resident development, from 264 to 957 units, is planned based upon an increase in gross densities from a maximum of 12 du/acre to 30 du/acre. These additional units could be accommodated via one of three development alternatives; free standing multi-family development, apartments above stores, or mixed use new development. 4- Employment base increase: The development scenario calls for a commitment to re-establish the downtown area as a maior employment center. This concept will be accomplished, in part, through an increase in industrial and warehouse development. The proposed employment base areas are located immediately adiacent to the Railroad tracks. The maior focus of this effort will be the creation of the "Pineapple Grove Business Park", on the eastern portion of the Pineapple Grove area. The Park will encourage development of arts, crafts, desiqn professions and speciality construction services and other such services, with low cost sites, available infrastructure, and "business park" atmosphere as incentives. 5- Traffic levels: The development scenario is proiected to qenerate a peak of 13,597 total daily trips, and 8,581 total external daily trips. See the Traffic Element inventory and analysis section for additional information regarding traffic. Comment: [See Support Document #1]. 2. Location: P. III-G-12, Analysis, New Paragraph Change: Addition The following information is in addition to the requirements of 9J-5-006(2). More detailed information can be found in the document "Delray Beach Downtown Core Geoqraphic Area of Exception from the Countywide Traffic Performance Standards", October, 1991- 25 ". . Opportunities exist for the further development and redevelopment of the City's Central Business District (CBD) utilizing the "Villaqe Center" scenario. Realization of these opportunities will result in an enhanced balance of emploYment, housinq, economic development and traffic needs. To facilitate the accomplishment of the "Villaqe Center" scenario, the CBD Zoning District should be amended to accommodate the increased residential density. The Pineapple Grove Business Park would require either amendment of the CBD Zoninq District or the development of a new zoning district, and possibly the rezoninq of the affected land. Comment: [See Support Document #1]. 3. Location: P. III-G-8, Analysis, Fifth diamond Change: REVISION . Level of service deficiencies (based on County and regional standards for all but State facilities in which case FDOT standards are used) currently (1~8~1 ( 1991) exist on the following streets: . Lake Ida Road, n(lSw at ti0iSi Y0Y Military Trail to Swinton Avenue; i Militai1 riaill n(lSw at ti0iSi Y0YI n(lSit~ (1St Atlantit AYen~el . I-951 n(lSw at ti0iSI Y1YI ~ West Atlantic Avenue, Military Trail to I-95; ~ Federal Highway, Linton Boulevard to Lindell Boulevard; ~ Seacrest Boulevard, N.E. 22nd Street to Gulfstream Boulevard. The County Five-Year Road Program (FY 91/92 to 95/96) projects improvements for the above situations as follows: . Lake Ida Road improvements in 11 ~2/~~ Military to Conqress Avenue construction in FY 93/94 i Militait riail impi(lSyementj in 11 8~/~S i Atlantit AYen~e wejt (1St t(lSn@iejj in 11 ~1/~2 (Atlantit AYen~e ij a state tatilittl 26 ". , 0et~arit0wri ~0a~ Iri 11 91/92 ~ Lake Ida Road improvements Congress to Swinton Avenue construction in FY 92/93 . West Atlantic Avenue improvements Jog Road to I-95 construction in FY 92/93 Comment: Revised pursuant to recent construction, revised traffic counts, and new road program information. 2. Location: P. III-G-12, Analysis, New Paragraph Change: Addition The followinq information is in addition to the requirements of 9J-S-006(2). More detailed information can be found in the document "Delray Beach Downtown Core Geographic Area of Exception from the Countywide Traffic Performance Standards", October, 1991- . Opportunities exist for the further development and redevelopment of the City's Central Business District (CBD) utilizing the "Village Center" scenario. Realization of these opportunities will result in an enhanced balance of employment, housinq, economic development and traffic needs. To facilitate the accomplishment of the "Villaqe Center" scenario, the CBD Zoning District should be amended to accommodate the increased residential density. Accommodation of the Pineapple Grove Business Park would require either amendment of the CBD Zoninq District or the development of a new zoninq district, and possibly the rezoninq of the affected land. Comment: [See Support Document #1]. 3. Location: P. III-G-20, Policy A-S.13 and Policy A-5.14 Change: Addition POlicy A-5.l3: By June, 1993, the City shall amend the Central Business District (CBD) Zoning District to accommodate increased multiple-family densities of up to thirty (30) dwellinq units per acre as envisioned in the "Villaqe Center" scenario for the Central Business District. 27 "I Policy A-5.14: By June, 1993, the City shall either amend the Central Business District (CBD) Zoning District, or create a new zoninq district, to facilitate the establishment of industrial and commerce areas as envisioned in the "Village Center" scenario. Commensurate with this activity, the City shall, if necessary, rezone appropriate properties. Comment: [See Support Document #1]. 4. Location: P. III-G-38, Commercial Land Uses, Commercial Core Change: Amendment Commercial Core: This designation is applied to the community's ~e:r1ttal !14sl:r1ess 0lsttltt Downtown Areas. It includes the "Villaqe Center" development scenario described in the Future Land Use Element and qraphically shown in Figure L-8. The Commercial Core designation accommodates a variety of uses includinq commercial and office development; residential land use at up to 30 du/acre; upper story apartments; older homes renovated to accommodate office use, and uses such as "bed and breakfast" establishments; and industrial/commerce uses as proposed in the "Villaqe Center" Scenario. Comment: [See Support Document #1]. IX. CAPITAL IMPROVEMENTS ELEMENT There are no amendments to the text of this Element. X. INTERGOVERNMENTAL COORDINATION ELEMENT There are no amendments to the text of this Element. XI. REQUIREMENTS FOR CAPITAL IMPROVEMENTS IMPLEMENTATION 1. Location: P. IV-17, C. Review, Monitoring, MOdification, and Amendment Change: REVISION Monitoring and Evaluation Proqram: The principle program for monitoring and evaluating progress on 28 "r the myriad of projects contained in this Element is through the work of the ftapltal la'lpt<<Siea'u~rit lteilew ft<<Sa'ui1lttee budqet team established by Policy A-5.1 of the Capital Improvement Element. In order to provide that the work of that ft<<Sa'ui1lttee budqet team is available to all those individuals and groups which are involved and concerned with the future of the community, the work of the ft<<Sa'ui1lttee budget team shall be formally reviewed by the Local Planning Agency on an annual basis. The steps of this review shall be as follows: 1- In January of each year the ft<<Sa'ui1lttee budqet team shall t<<Sriierie lri <<StrAet t<<S prepare for the next budget year's work. 2. All appropriate departments shall report on the status of approved capital projects, upon projects which are scheduled for the next fiscal year, and upon any changes which are desired in the schedule of capital improvements. The departments shall also provide an update of their individual capital improvement programs. 3. The ft<<Sa'ui1lttee budqet team shall identify those projects and changes which can be accommodated through the normal budget review and adoption process. They shall also identify those which require a change to the schedule of improvements and shall immediately notify the Local Planning Agency of such potential changes so that the formal Plan Amendment process can be initiated. Comment: Reorganization of the City administration has regrouped certain functions and eliminated certain position titles. This revision addresses the current organization. 2. Location: P. IV-12-l5, Table IV-3 Five Year Capital Improvements Schedule >$100,000; Park In-Lieu Fund Change: AMENDMENT Rename Interpretive Trail (Scrub) to Leon Weekes (Scrub Trail) Preserve. Comment: Editorial change. 29 'r XII. PART V. PROCEDURES FOR MONITORING AND EVALUATION OF THE PLAN There are no amendments to Part V. of the Plan at this time. 30 ". AMENDMENTS TO THE GOALS, OBJECTIVES, AND POLICIES I. CONSERVATION ELEMENT There are no amendments to the goals, objectives and policies in this Element. II. PUBLIC FACILITIES ELEMENT There are no amendments to the goals, objectives and policies in this Element. III. TRAFFIC ELEMENT 1- Location: P. III-C-17, Policy A-1- 5 Change: NEW POLICY Policy A-1- 5: The City, through this policy statement, endorses the continuation of railroad service. More specifically, the City, through this policy statement, endorses the continuation of an Amtrack passenger station and a Tri-Rail passenger station within the City. Comment: [See Support Document #4). 2. Location: P. III-C-21, Goal Area "B", Objective B-1 Change: AMENDMENT The Level-of-Service (LOS) for the Delray Beach street system is hereby established as "c" for all conditions except for: . streets under State jurisdiction which shall be allowed to function at LOS "D" under any condition pursuant to Table T-1b, and . streets under County jurisdiction which shall be allowed to function at LOS "D" under any conditions pursuant to the Palm Beach County Traffic Performance Standards, Ordinance 90-40/, and 31 "I I 8tteet8 a~~te88e~ Iri tKe 0e0~tapKIt Atea 0t EtteptI0ri 8Kall ~e al10we~ to 0petate at a 10wet Y..0SI a8 al10we~ p16.t81darit to tKe PalJl\ ~eatK t01drit1 TtattIt Pett0tJl\arite Stari~at~81 0t~lriarite gf6f4f61 . streets identified as City Collectors or City Arterials on the Traffic Element Network Map (Figure T-4) shall be allowed to function at LOS "D" under any condition pursuant to Table T-1b. Comment: [See Support Document #1]. 3. Location: P. III-C-22, Goal Area "B", New Objective, New Policy Change: ADDITION Objective B-4: An enhanced balance between emploYment, housing, economic development, and traffic needs in the "Village Center" downtown development scenario as described in the Future Land Use Element shall be accommodated, in part, through the followinq. Policy B-4. 1: Traffic assessments for projects within the "Villaqe Center" development scenario shall use the following analysis information: . downtown internalization of 27% ..!... use of the grid system of streets for traffic distribution Comment: [See Support Document #1]. 4. Location: P. III-C-22, Policy B-3.2 Change: REVISION Policy B-3.2: A formal scenic street program shall be established by June, 1992. Initial improvements shall be funded through a General Obligation Bond and then on an annual basis with the first annual funding occurring in the FY 95/96 Budget. The program shall be developed wi thin the Community 0eltel0pJl\erit SetltIte8 0t016.p Improvement Department. The following shall be financed through the General Obligation Bond program of 1989: a) Atlantic Avenue east of the Intracoastal Waterway; 32 "~ I b) Atlantic Avenue between Swinton and I-95; c) Atlantic Avenue between I-95 and Military Trail; d) Swinton Boulevard from SE 10th Street to the north City limits; and e) Barwick Road, north of Atlantic Avenue. Comment: This change reflects current management structures and operations. 5. Location: P. III-C-23, Objective B-4 change: NEW OBJECTIVE AND POLICIES Objective B-4: The accommodation of traffic Level-Of-Service (LOS) needs associated with the downtown Geographic Area of Exception (GAE) villaqe development scenario shall be provided by allowable lowerinq of LOS requirements and/or the creation of a Transportation Concurrency Management Area. Policy B-4.1: All required Traffic Impact Studies (TIS) shall address the GAE throuqh inclusion of at least the followinq items in the TIS: ~ Use of internal capture rates for projects within the GAE. Ql Assessment of traffic impacts relative to the needs of GAE development. ~ Findinq that the proposed development will not adversely affect the ability for the downtown GAE village scenario to be developed. Policy B-4.2: At such time as roadway LOS is projected to exceed allowable thresholds, a Transportation Concurrency Manaqement Area (TCMA) shall be evaluated. Comment: [See Support Document #1]. IV. OPEN SPACE & RECREATION ELEMENT There are no amendments proposed for this Element at this time. 33 ". . V. HOUSING ELEMENT 1. Location: P. III-E-18, Objective A-I Change: REVISION Objective A-I: For those areas identified as "stable" on the Residential Neiqhborhood Cateqorization Map, the City shall establish and continue a program of information exchange. The purpose of this program is to provide a mechanism through which these areas are kept aware of the overall condi tion of the City, potential threats to the neighborhoods, and of programs of aid, assistance, and education which are available to them. The program ~Ha11 ~e has been established under the auspices of the 0eie1iS!Sa'1eJit Setil.rie~ ~tiS>>!S Community Improvement Department. aJi(l1 ~Ha11 ~e t>>111 l.a'1!Slea'1eJite(l1 ~1 $>>111 19901 It This program shall be based upon the following policies: Comment: This change reflects the establishment and continued operations of this program. 2. Location: P. III-E-22, Objective B-2 Change: REVISION Objective B-2: For those areas identified as "rehabilitation areas" on the Residential Neiqhborhood Cateqorization Map, the City - through its 0eie1iS!Sa'1eJit Setil.te~ ~tiS>>!S Community Improvement Department - shall provide concentrated programs of code enforcement, public investment in infrastructure, public assistance in the rehabilitation of structures, public action in the provision of replacement housing, opportunities for new private development, and special social programs all directed toward the stabilization and revi talization. of those designated areas. this objective shall be accomplished through the following policies. Comment: This change reflects current management structures and operations. 34 ,., . 4. Location: P. III-E-27, Policy C-2.1 Change: REVISION Policy C-2.1: Vacant land areas In tM~ n0ttMw~~t an~ ~0~tMw~~t (Iritl~~ln~ BI00~'~ ~t01~1 p0ttl0ri~ 0t tM~ (/'lt1'~ 'laririIri~ At~a ~Mall )S~ ~e~l~riat~~ west of I-95, shown on the Future Land Use Map as low density residential and rural residential, shall be retained for single family detached housing or low density planned unit residential development. an~ ~Mall t~~aIri a~ ~~tM' Comment: [See Support Document #7] 5. Location: P. III-E-29, Policy C-4.5 Change: REVISION Policy C-4. 5: This objective shall be assigned to the 0~1~10p~~rit S~t';lt~~ ~t0~P Community Improvement Department and shall be carried out pursuant to a collaborating objective in the Intergovernmental Coordination Element. (See Objective C-3 of this element) Comment: This change reflects current management structures and operations. 6. Location: P. III-E-30, Objective C-7 Change: REVISION Objective C-7: The 0~';~10p~~nt S~t';lt~~ ~t0~P Planning and Zoninq Department and Community Improvement Department in It~ their role of providing guidance and assistance to the development community and in furthering the objectives of this Goal Area shall provide a leadership role in addressing deficiencies in the development climate. These Department~ shall operate under the philosophy of private enterprise regarding efficiency and delivery of product. To these ends and that of providing a top rate climate which will attract quality developers, It these Departments shall: Comment: This change reflects current management structures and operations. 35 Ha VI. COASTAL MANAGEMENT ELEMENT 1- Location: P. III-F-20, Policy A-4.4 Change: REVISION Policy A-4.4: The City shall support the concept of "countywide" application of regulations which are targeted toward the protection of existing resources as was done with the Wellfield Protection Ordinance and Conservation Lands Protection Ordinance. When such measures are enacted, the City shall t){t01d~){ lt~ 0elSatta'lerit 0t 0eiel01Sa'lerit Setilte~ provide the clerical and technical support personnel.L in the appropriate Department, to provide for the effective implementation of such ordinances. (c14) Comment: This change reflects current management structures and operations. 2. Location: P. III-F-26, Objective C-6 Change: REVISION Objective C-6: The City, through its Development Services Manaqement Group, shall develop specific programs for the following projects: . Veteran's Park Redevelopment (see C-6.l) . Marina Historic District (see C-2) . FIND Parcel MSA 650 . Atlantic Avenue Improvements (see C-6.3) . Snorkel and Scuba Park (see C-6.4) . Providing Additional Marina Facilities Along the Intracoastal Waterway (see C-6.5) Comment: This change reflects current management structures and operations. VII. FUTURE LAND USE ELEMENT 1- Location: P. III-G-20, Policy A-5.13 and Policy A-5.14 Change: ADDITION Policy A-5.l3: by June, 1993, the City shall amend the Central Business District (CBD) Zoninq District to accommodate increased multiple-family densities of up to thirty (30) dwellinq units per acre as envisioned in the "Villaqe Center" scenario for the Central Business District. 36 "I Policy A-5. 14: By June, 1993, the City shall either amend the Central Business District (CBD) Zoninq District, or create a new zoninq district, to facilitate the establishment of Industrial and Commerce areas as envisioned in the "Village Center" scenario. Commensurate with this activity, the City shall, if necessary, rezone appropriate properties. Comment: {See Support Document #1]. 2. Location: P. III-G-20, Policy A-5.15 Change: ADDITION Policy A-5-15: The City shall adopt a liqht industrial zoninq district, addressinq, at a minimum; wellfield protection, bufferinq, uses, minimum lot, and minimum floor area, by December 30, 1992. This ordinance must be adopted prior to the approval of any rezoninq within the Series 20 Wellfield area. Comment: [See Support Document #3]. 3. Location: P. III-G-21, Policy B-2.3 Change: REVISION Policy B-2.3: Prior to issuance of any certificate of occupancy, the Director of t)1~ 0~t~10!Sa'\~rit S~ttlte~ 0t01d!S Chief Buildinq Official or a designee shall certify that concurrency is achieved. This certification shall be in writing and shall be affixed to the Certificate of Occupancy. Comment: This change reflects current management structures and operations. 4. Location: P. III-G-29, Objective C-3 Change: REVISION Objective C-3: Economic development is an essential component of the redevelopment and renewal efforts which are directed to the future of the City of Delray Beach. Specific efforts for the coordination and provision of economic development activities shall be centered in the City Administration's Development Services Manaqement Group. Those 37 "~ efforts shall be governed by the following policies. Comment: This change reflects current management structures and operations. 5. Location: P. III-G-31, Policy C-4.8 Change: REVISION Policy C-4.8: A Neighborhood Plan shall be ptepateQ! completed for the "Pineapple Grove" area in FY ge/91 91/92. The neighborhood plan shall be prepared by the Planning Department ~nQ!et tMe a~~plte~ 0t tMe eltt'~ 0eiel0p~ent Setilte~ Mana~e~ent 0t0~p. An amount of approximately $500,000 which is designated as "redevelopment seed money" in the 1989 G.O. Bond program shall be used for redevelopment purposes in the Old School Square portion of the Pineapple Grove area with the specific use determined through the neighborhood planning process. Comment: This change reflects current management structures and operations, and the current status of the development of this neighborhood plan. 6. Location: P. III-G-38, Commercial Land Uses, Commercial Core Change: AMENDMENT Commercial Core: This designation is applied to the community's eenttal B~~lne~~ 01~ttltt Downtown Areas. It includes the "Village Center" development scenario described in the Future Land Use Element and graphically shows in Figure . The Commercial Core designation accommodates a variety of uses including commercial and office development; residential land use at up to 30 du/acre; upper story apartments; older homes renovated to accommodate office use, and uses such as "bed and breakfast" establishments; and Industrial/Commerce uses as proposed in the "Villaqe Center" Scenario. Comment: [See Support Document #1]. 38 ,'-. "" VIII. CAPITAL IMPROVEMENTS ELEMENT 1- Location: P. III-H-18, Policy A-2.2 Change: AMENDMENT Policy A-2.2: The City shall use the Stormwater Utility Fee to finance drainage improvements. This fee shall be used exclusively for drainage projects, including the financing of a Bond for drainage projects. Comment: This amendment supports the proposed issuance of a Drainage Utility Revenue Bond in FY 93/94. A 92-1 text amendment to P. III-H-5, "Special Assessment District" under the Stormwater Utility Fee also supports issuance of a Bond for these purposes. 2. Location: P. III-H-18, Policy A-2.3 Change: NEW POLICY AND RENUMBERED OLD POLICY TO A-2.4 Policy A-2.3: The City shall establish a fundinq source for replacement of irreparable or obsolete office equipment, replacement of computer hardware and replacement of major pieces of equipment. Funds for these purposes as well as building maintenance and repair will be set aside annually from general funds to be used for qeneral capital improvements. Comment: [See Support Document #6]. 3. Location: P. III-H-2l, Policy A-3.3 Change: AMENDMENT Policy A-3.3: Each department of the City's administrative structure through which capital needs are addressed shall maintain a Capital Improvement Program (CIP). The CIP shall address currently funded projects, projects under construction, and a five year projection of projects. The CIP shall include all projects contained on the five year schedule of this Element and shall contain those projects of greater than $25,000 which are funded through the dedicated financial resources for remedial projects (Policy A-2.3) and all other projects of greater than $25,000 which are proposed except for repair and replacement items identified and funded via Policy A-2.3 above. The CIP for each department shall be reviewed annually by the 39 'l Local Planning Agency which shall issue a statement of consistency with the Comprehensive Plan. Comment: [See Support Document #6]. 4. Location: P. III-H-23, Policy A-3.8 (d) Change: REVISION Policy A-3. 8 ( d) : The Length of a bond issue shall relate to the useful life of the projects which it is financing. The City will attempt to schedule Bond Issues so that an equal principal amount is retired each year over the life of the Issue, producing a total debt service schedule with a declininq balance each year. Comment: This is an amplification to recite the complete principal used in the management of debt. 5. Location: P. III-H-25, Policy A-5.1 Change: REVISION Policy A-5.l: X ~apItal Pt0~~tt R~11~w ~0~ltt~~ tl6,hH2ftIrl@ l6tl , tM~ 0It~ttl6tl 0~1~Il6p~~rlt S~t1It~2f ~tl6~p , tM~ X2f2fI2ftarlt ~lt1 Marla@~t t0t el6~~rllt1 S~t1lrt~2f , tM~ X2f2fI2ftarlt ~lt1 ~arla@~t tl6t Marla@~~~rlt S~t1lt~2f , tM~ 0lt~rtt0t l6t tlrlarlrt~1 arl~ , tM~ B~~@~t 0ttIt~t l6t tM~lt czl~2fl@rl~~2f/ l2f M~t~~1 rtt~at~~ t0t tM~ p~tP02f~ 0t t~1l~w 0t pt0@t~2f2f Irl l~pl~~~rltIri@ a~l6pt~~ 2frtM~czl~l~ 0t l~ptl61f~~~rit2f a2f t0ritalri~d wltMlri tMl2f EI~~~rltl tM~ ~IP2f l6t lri~11Iczl~al ~~patt~~rit2f1 ari~ tM~ ~IB' TMI2f ~0~ltt~~ 2fMall al2fl6 t00tczllriat~ tM~ @at){~tlri@ 0t ~at~tlal2f arld pt~patatl0ri 0t t~112f10ri2f1 a~~riczl~~rlt2f1 ~pczlat~2f 0t tM~ 2ftM~czl~l~ 0t l~pt01~~~rit2f' arlczl tM~ arlri~al ~IB' A budqet team consistinq of the Finance Director and City Manager, in consultation with the department heads, shall coordinate the qathering of materials and preparation of revisions, amendments and updates to the schedule of improvements; the Capital Improvement Plan (CIP); and the annual Capital Improvement Budqet (CIB). The Finance Director shall prepare monthly reports to the City Manaqer reviewing the 40 ".. progress in implementing the adopted schedule of improvements as contained within this Element, the CIPs of individual departments and the CIB. Comment: Reorganization of the City administration has regrouped certain functions and eliminated certain position titles. This revision addresses the current organization. IX. INTERGOVERNMENTAL COORDINATION ELEMENT There are no amendments to the goals, objectives and policies in this element. 41 "r AMENDMENTS TO THE FUTURE LAND USE MAP I. FUTURE LAND USE MAP AMENDMENTS There is one amendment to the Future Land Use Map. This is a private petition for a 2.65 acre parcel from Transitional to Industrial. The site is located north of S. w. 10th Street between S. w. 13th and 14th Avenues. [See Support Document #3] II. CITY BOUNDARY ADJUSTMENTS PURSUANT TO ANNEXATIONS a) Highland Trailer Park b) G&C Auto, Inc. c) Delray Farmers Market & Handy Mart 42 "I SIZE: 2.65 acres LOCATION: North of S.W. 10th Street, between S.W. 13th and 14th Avenues EXISTING LAND USE DESIGNATION: Transitional ADJACENT LAND USE DESIGNATIONS: Transitional PROPOSED LAND USE DESIGNATION: Industrial AVAILABILITY AND DEMAND ON PUBLIC FACILITIES: (Sanitary Sewer, Solid Waste, Drainage, Potable Water, Traffic Circulation and Recreation) There are no adverse impacts upon public facilities which will occur as a result of this land use map amendment. COMPATIBILITY OF CHANGE WITH LAND USE ELEMENT, OBJECTIVES AND POLICIES OF THE PLAN: There are no conflicts with existing comprehensive plan elements, objectives or policies. ", CARVER ESTATES DELRA Y BEACH i MUNICIPAL GOLF COURSE ~ @ . 1LI > < VI VI ~ 1LI . D::: D::: C) Z 0 ...i u . u vi LAND USE AWENDWENT KING INDUSTRIAL PARK WALlACE FORD - UNTON BOULEVARD N - \ , I RECEIVED M E M 0 RAN DUM JUN 1 8 199~ CITY MANAGER'S OFFICE TO: Dav d T. Harden, City Manager THRU: d~~V~~ng and Zoning Director FROM: Stan Weedon, Planner II;/t.J SUBJECT: COMPREHENSIVE PLAN AMENDMENT 92-2 RE: MARINA DATE: June 17, 1992 The Planning and Zoning Board considered Comprehensive Plan Amendment 92-2 at their public hearing of June 15, 1992. A part of the consideration of this amendment was identification of the City Marina and the City Marina Enterprise Fund. As the Board had taken a strong stand to maintain the Marina Fund at an earlier workshop, your memo of June 1, was transmitted to the Board as an attachment to a revised City Marina memo (attached). The revised memo offered the Planning and Zoning Board three optional approaches regarding the Marina and Marina Fund. The Board, upon consideration of the information before them recommended that the Marina be identified in the Public Facilities Element3 and, the City Marina Enterprise Fund be retained via identification in the Open Space and Recreation Element and the Capital Improvement Element. The Board revised the last sentence of the paragraph added to the Capital Improvement Element to read "The Fund surplus could also be allocated to other capital improvements or operating needs pertaining to Intracoastal Waterway access, additional marina facilities, seawalls and related items". The Planning and Zoning Board therefore recommended the actions noted below: Identification of the City Marina in the Inventory and Analysis - Buildings and Other Facilities section of the Public Facilities Element, via addition of the following paragraph: The City Marina is a 25-slip facility on the Intracoastal Waterway and is addressed in the Open S~ace and Recreation Element. "l David T. Harden Comprehensive Plan Amendment 92-2 Re: Marina Page 2 PUBLIC FACILITIES ELEMENT 1- Location: P.III-B-15 and 16. Inventory and Analysis --- Buildings and Other Facilities, New item and new paragraph Change: ADDITION - NEW ITEM . City Marina Change: ADDITION - NEW PARAGRAPH (After Public Safety Building paragraph) The City Marina is a 25-slip facility on the Intracoastal Waterway and is addressed in the Open Space & Recreation Element. OPEN SPACE AND RECREATION ELEMENT 2. Location: P.III-D-12,. Other Items, New Paragraph One Change: ADDITION The City Marina is a 25-slip facility on the Intracoastal Waterway just south of Atlantic Ave. Boat slips are rented by the City for both live-aboards and short term moorinq. Available amenities include restrooms and laundry facilities. CAPITAL IMPROVEMENT ELEMENT 3. Location: P.III-H-7. Analysis, New Paragraph Under Parks and Recreation Facilities. Change: ADDITION Park and Recreation Facilities: The City has had mandatory fee in-lieu of dedication for park facilities. That fee has been the basis for much of the park improvement work. This fee currently provides between $200,000 to $300,000 per year in revenue. This amount will gradually diminish until the year 2000 (build-out) at which time it will be in the range of $50,000 to $75,000 per year. Park facilities have also been funded in part by grants. ~ The City Marina Enterprise Fund accrues revenues from the operation of the City Marina, a 25-slip facility on the Intracoastal Waterway just south of Atlantic Ave. Boat slips are rented by the City for both live-aboards and short term mooring. The Fund covers operatinq expenses and has a projected FY 92/93 surplus of $272,674 which could be used for repair, replacement and upqrading of the facility "I David T. Harden Comprehensive Plan Amendment 92-2 He: Marina Page 3 to maintain the marketability of the Marina and to address needs derivinq from its continued operation such as the installation of a sewage pump-out station in FY 92/93 ($75,000). The Fund surplus could also be allocated to other capital improvements or operating needs pertaininq to Intracoastal Waterway access, additional marina facilities, seawalls and related items". The Board reiterated its concerns that the City Marina have a dedicated funding source for repair, replacement and upgrading of the facility to maintain marketability and to address needs deriving from its continued operation. The Board further indicated that retaining this fund would establish a reserve for such specific items as hurricane repair, upgrades resulting from revised regulations (State and Federal), and aesthetic upgrades. c: Joe Safford, Finance Director Joe Weldon, Director of Parks and Recreation John Walker, Project Coordinator Amendment 92-2 File Correspondence File "' '. MEMORANDUM - .' TO: MAYOR AND CITY COMMISSIONERS FROM: (I) CITY MANAGER SUBJECT: AGENDA ITEM # JG t. - MEETING OF JUNE 23. 1992 PUBLIC INPUT ON GOALS AND OBJECTIVES DATE: June 19, 1992 This is a continuation of the public hearing held at the June 16th regular meeting where public input was heard with regard to the City's Goals and Objectives. Additional sessions may be held at the Commission's discretion. - J UJ) E..- C1-ee- - A-/l'c..s F,'nSI "I . ,. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: f{JjICITY MANAGER SUBJECT: AGENDA ITEM # 'OD - MEETING OF JUNE 23. 1992 ORDINANCE NO. 19-92 DATE: June 19, 1992 This is the second reading of an ordinance annexing to the City the Highland Trailer Park property located on Barwick Road approximately 180 feet north of West Atlantic Avenue; with initial zoning of MH (Mobile Home). This annexation involves the calling in of water service agreements. With the recent voluntary annexation of the Barwick School, the trailer park has become contiguous to the City limits, and thus eligible for annexation. The Planning and Zoning Board at their March 16th meeting recommended approval of the annexation. Recommend approval of Ordinance No. 19-92 on second and final reading. f~ c9(}O ~8 ~-() ;.. - ---- -- --- ---- ---..----- -- - - -. -- --- -- --~ -- ---- -----------~---- ORDINANCE NO. 19-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND LYING AND BEING IN SECTION l3, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED ON BARWICK ROAD, APPROXIMATELY 143 FEET NORTH OF WEST ATLANTIC AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO MH (MOBILE HOME) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the fee-simple owners of the hereinafter described property have requested by their petition to have the property annexed into the municipal limits of the City of Delray Beach; and, WHEREAS, the subject property hereinafter described is ~ow contiguous to the corporate limits of the City of Delray Beach, thus making said petition for annexation effective at this time; and, WHEREAS, the designation of a zoning classification is ~art J: the annexation proceeding, and provisions of Land Develo~~e~t Regulations Chapter Two have been followed in establishing the proposed zoning designation; and, WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of t~e Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF ,~E CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l. That the City Commission of the City of Delr3! Beach, Palm Beach County, Florida, hereby annexes to said City the following described lands located in Palm Beach County, Florida, WhiC~ lies contiguous to said City to-wit: The North 8 feet of Lots 1 through 8, inclusive, and all of Lots 9 through 170, inclusive, HIGHLAND TRAILER PARK, according to the Plat thereof, recorded in Plat Book 24, Page 213, of the Public Records of Palm Beach County, Florida; together with the public streets lying within the Highland Trailer Park Subdivision and the west one half of the adjacent Barwick Road right-of-way lying east of and adjacent to the Highland Trailer Park Subdivision. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tracts of land and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That Chapter Two of the Land Develop~e~t Regulations has been followed in the establishment of a zo~:~ classification in this ordinance and the tracts of land herei~abo~ described are hereby declared to be in Zoning District MH (Mobile ~8~~ as defined by existing ordinances of the City of Delray Beach, , "I . .- nd c IE . . Em HIGHLAND TRAILER PARK ~ M~EXATION - ~ /., , ;/ ,I )0 ~ l- i A'ttNUl ,/ ;I /' / ~ ITEl "I - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM i 'oe - MEETING OF JUNE 23. 1992 ORDINANCE NO. 20-92 DATE: June 19, 1992 This is the second reading of an ordinance annexing to the City the G&Z Auto Care property located on the northwest corner of West Atlantic Avenue and Barwick Road; with initial zoning of GC (General Commercial). This is a voluntary annexation petition. With the proposed annexation of the Highland Trailer Park this property has become contiguous to the City limits, and thus eligible for annexation. The Planning and Zoning Board at their April 20th meeting recommended approval of the annexation. Recommend approval of Ordinance No. 20-92 on second and final reading. ~ cJr;o ~ 5--0 "I ~ ------ ORDINANCE NO. 20-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTINGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED AT THE NORTHWEST CORNER OF BARWICK ROAD AND WEST ATLANTIC AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO GC ( GENE RAL COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, G&Z Auto Care, Inc. , is the fee-simple owner of the East 43.16 feet of Lot 7 and all of Lot 8, Highland Trailer Park, according to the . Plat thereof as recorded in Plat Book 24, Page 213 , Public Records of Palm Beach County, Florida, LESS the North 8 feet thereof, and LESS the South 28.25 feet for road right-Of-way for State Road 806; and, WHEREAS, the fee-simple owner as hereinabove named has requested by their petition to have the property annexed into the municipal limits of the City of Delray Beach; and, WHEREAS, the subject property hereinafter described 1S :cow contiguous to the corporate limits of the City of Delray Beach, t::us making said petition for annexation effective at this time; and, WHEREAS, the designation of a zoning classification is part ::J: the annexation proceeding, and provisions of Land Developmer.t Regulations Chapter Two have been followed in establishing the proposed zoning designation; and, WHEREAS, the City of Delray Beach has heretofore bee;,. authorized to annex lands in accordance with Section 171. 044 of t:-t8 Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CrTY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Del:-3. Beach, Palm Beach County, Florida, hereby annexes to said City .'" following described lands located in Palm Beach County, Florida, 'Nr_l~ lies contiguous to said City to-wit: The East 43.16 feet of Lot 7 and all of Lot 8, HIGHLAND TRAILER PARK, according to the Plat thereof as recorded in Plat Book 24, Page 213, Public Records, of Palm Beach County, Florida, LESS the North 8 feet the reo f , and LESS the South 28.25 feet for road right-of-way for State Road 806; together with the west one half of the adjacent Barwick Road right-of-way lying east of and adjacent to said property, and the north one half of the adjacent State Road 806 (Atlantic Avenue) right-Of-way lying south of and adjacent to said property. Section 2. That the boundaries of the City of Delray Be.1::~. 1 Florida, are hereby redefined to include therein the above-desc:- 1 c:-...: tracts of .land and said lands are hereby declared to be with1:1 ":. ;'~~ corporate limits of the City of Delray Beach, Florida. . "1 . . ~ I r J J I , r r -, ~ T T , t ; I T I I \' \\\\' \ I /' '"'INt 'i1" ~ D~ IVE ~ r-""""" .......... - ...,/ ~ v........ ", Vv // ~ V / --- ./ :::: ::::: Vv V/ /V v...,/ - -~/ ~ ...,/ [:::: v c:::: c:::: ", ~ - '-- -/ ~ e:::~ ::::: :::: - '--../ - _/ V ", ~ ~~ ;::: t:::: I ~ t:::: :::: - .-- /~ ::,.- q~ - '-- L--Vi;i;; ~~ V ~ ./...,/ ~ /v I~./ V ~ "" .... ~ /' /~ /...,/ od-' ~ -/ -'" I I-- ~ ;::: /V // ~~ V /V"" ~ ~'3 I--~", ;:::I~ ", 0 ~<.; I-- 1--,., ~l/ //:i a:: t..,.....-' /~ //.:5 -- ./ ~f ~'ij / ::::: Ie /v;: ; ;::: ::::: ;::: :::: [:::: ", ::::: / ;......--/ V/ V ~E~ R fAR DR is I GJ . ~ CD W. A '"-ANne .. A~UE "' / ~ SH[I'WOOO fO.t~ _ D,,~ R:-Q ~q I ~t? I , <<~ r-J ) ~.pP I ~ II 4"~ G & Z AUTO CARE INC. i l ANN!~AT10" - V- -~ I 4," 1:_1 'r . . section 3. That Chapter Two of the Land Development Regulations has been followed in the establishment of a %On1ng classification in this ordinance and the tracts of land hereinabove described are hereby declared to be in Zoning District GC (General Commercial) as defined by existing ordinances of the City of Delray Beach, Section 4. That the land hereinabove described shall immediately become subJect to all of the franchises, privileges. immunities, debts, obligations, liabilities, ordinances and laws :~ which lands in the City of Delray Beach are now or may be subjected a~d persons residing thereon shall be deemed citizens of the City of Oelr3Y Beach. Section 5. That this annexation of the subject proper:y, including adjacent roads, alleys, or the like, if any, shall not ~e deemed acceptance by the City of any maintenance responsibility for s~c~ roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6; That all ordinances or parts of ordinances _." conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provisions of :hlS ordinance or any portion thereof, any paragraph, sentence, or word oe declared by a court of competent Jurisdiction to be invalid. suc~ decision shall not affect the validity of the remainder hereof 3S 3 whole or part thereof other than the part declared to be inval1d. Section 8. That this ordinance shall become effec:~:e immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on this the '::.1. of , 1992. - M A i' 0 R ATTEST: City Clerk First Reading Second Reading . . ~ - MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM tt tOF - MEETING OF JUNE 23. 1992 ORDINANCE NO. 21-92 DATE: June 19, 1992 This is the second reading of an ordinance annexing to the City the Delray Farmers Market and Handy Mart property located west of Barwick Road on the north side of West Atlantic Avenue i with initial zoning of NC (Neighborhood Commercial). At the May 12, 1992 regular meeting the Commission authorized the initiation of annexation for the Handy Mart. Subsequently, the Delray Farmers Market voluntarily joined the annexation petition. With the proposed annexation of the Highland Trailer Park this property has become contiguous to the City limits, and thus eligible for annexation. The Planning and Zoning Board at their May 18th meeting recommended approval of the annexation. Recommend approval of Ordinance No. 21-92 on second and final reading. ~ f) flO hM 6-0 I;. .. -- - ----. --- __ __ __ u_ _____ ____ ---__.___0______- -- . -- - - ------- - .-- ---- .~-- ----.- --- . ORDINANCE NO. 21-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, LAND LYING AND BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND IS LOCATED WEST OF BARWICK ROAD ON THE NORTH SIDE OF WEST ATLANTIC AVENUE; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Delray Farmers Market, Inc. , % E.J. Kaneb, is t~e fee-simple owner of Lots 1, 2, 3, 4 and the West 35 feet of Lo t J, Highland Trailer Park, according to the Plat thereof, recorded in "13.':. Book 24, Page 213,' of the Public Records of Palm Beach County, Flooc3, Less the North 8 feet thereof, and Less the South 28.25 feet the reo r :or road right-of-way for State Road 806; and, WHEREAS, Acme Petroleum Ltd. Corp. (Handy Mart) is t:---.e fee-simple owner of Lot 5 (Less the West 35 feet thereof), all of Lot 0:;, and the West 32 feet of Lot 7, Highland Trailer Park, according to ~:---,e Plat thereof as recorded in Plat Book 24, Page 21 J , Public Records ,~ Palm Beach County, Florida, Less the North 8 feet thereof, and Less '::--.~ South 28.25 feet thereof for road right-of-way for State Road 806; .3.:",:l , WHEREAS, the fee-simple owners as hereinabove named :--: 3.' .-= requested by their petition to have the property hereinafter descrl::;ed annexed into the municipal limits of the City of Delray Beach; and. WHEREAS, the subject property hereinafter described is :"":;.,,,,' contiguous to the corporate limits of the City of Delray Beach, ...:-.,,- ...........::1 making said petition for annexation effective at this time; and, WHEREAS, the designation of a zoning classification is part 0: the annexation proceeding, and provisions of Land Deve lopmer'. t Regulations Chapter Two have been followed in establishing the propose::! zoning designation; and, WHEREAS, the City of Delray Beach has heretofore bee:--, authorized to annex lands in accordance with Section l71.044 or ': ~~~ Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF ~ .. ~ CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of De~:-} Beach, Palm Beach County, Florida, hereby annexes to said City . - following described lands located in Palm Beach County, Florida, ',01[; 1.: lies contiguous to said City to-wit: Lots 1, 2, 3, 4 and the West 35 feet of Lot 5, HIGHLAND TRAILER PARK, according to the Plat thereof, recorded in Plat Book 24, Page 213, of the Public Records of Palm Beach County, Florida, LESS the North 8 feet thereof, and LESS the South 28.25 feet thereof for road right-Of-way for State Road 806; together with the north one half of the adjacent Atlantic Av~nue right-of-way lying south of and adjacent to said property. . ,-'. . , - - - Together with LotS (LESS the West 35 feet thereof), all of Lot 6, and the West 32 feet of Lot 7, HIGHLAND TRAILER PARK, according to the Plat thereof as recorded in Plat Book 24, Page 213, Public Records of Palm Beach County, Florida, LESS the North B feet thereof, and LESS the South 28.25 feet thereof for road right-of-way for State Road 806; together with the north one half of the adjacent Atlantic Avenue right-of-way lying south of and adjacent to said property. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tracts of land and said lands are hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tracts of land hereinabove described are hereby declared to be in Zoning District NC (Neighborhood Commercial) as defined by existing ordinances of the City of Delray Beach, Section 4. That the land hereinabove described shall inunediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That all ordinances or parts of ordinances .1:1 conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provisions of th~s 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 3. whole or part thereof other than the part declared to be invalid. Section B. That this ordinance shall become effect ~ 'le inunediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on this the da'/ of , 1992. MAY 0 R ATTEST: City Clerk First Reading Second ReadLng . "I f:" '" 0& ~~ ~'" ~4; a < 0 0: ~ U ~ Ct: < en \N EST A TlAN TIC A VENUE '" % ... I ~ rOltesr DRIVE R:-Q ~~ ~c, o~ <( #Q ~ A.- DELRA't' fARNER'S MARKET c.,~ 8.- HANDY-MART - ANNEXATION - "1 . - .. [ITY OF DELRAY DEA[H , co .; ;,',' 1 ~. ,'~ " :: '. I.. :: . U~ !.p;" 8E;,( II It UHltJ/, J~)..1tt.1 . 407/;>41- 7000 July 15, 1992 Jose Aguila Currie Schneider Associates AlA, PA 25 Seabreeze Delray Beach, FL 33483 Re: Delray Beach Isuzu Rezoninq, Your request of 6/25/92 Dear Jose, This letter is in response to your request of June 25, 1992, in which you sought reconsideration of the RM to CF re-zoning action recently denied by the City Commission. As made known to you by separate correspondence by the City Attorney, reconsideration of action cannot be accommodated since that session (meeting) of the Commission is closed. The proper procedure to follow would be to seek a waiver of time limitation on the resubmission of a rezoning petition [LDR Section 2.4.5(D) (6)]. The request would need to set forth a basis for a determination that reconsideration is appropriate to (a) prevent an injustice, or (b) to facilitate the proper development of the City. If the waiver is granted, it will then be necessary to, once again, go through the complete rezoning process including submission of a application, processing fee and public hearing before the Planning and Zoning Board. I trust that this letter clarifies the procedures to be followed. If you need further assistance, please feel free to call on me directly. /Cordially, /' / ( "--Ui~~~ctor Department of Planning and Zoning DJK/cm c: Tom Lynch, Mayor Jeff Kurtz, City Attorney Alison Harty, City Clerk Project File T" F :'; 1\. r.1 . t ;": -7~ 'I'-: "'.) ~ (u I',aitt. ,....//,.<. - - . t!CaJ':'CVi " i)1a.-~-J{~ Currie -'" /\ri :11!('( t\, PI<IlHH'f.... tJ Schneider r l-l( - G(Y .~ I...\. 1!1fI'f ior f)e...,igrH'r\ Associates 25 ,,{',dn {'('/P ~ .'fv,j AlA, PA Dclld\' h(',I( h. f L 3\4IJ 1 -lie _'7h4\),)1 717.2279 June 25, 1992 lih 4 2e)- 1566 Honorable Mayor Tom Lynch City of Delray Beach '. L.... .._,":~ ,;. . 100 N_W. First Avenue ..- Delray Beach, Florida 33444 JUN 2 9 1992 DELRA Y BEACH ISUZU REZONING Project No. 92684 --, . . ' Dear Mayor Lynch: We wish to request your considering placing on the next City Commission agenda a motion to reconsider the rezoning request of the Delray Beach Isuzu. We feel that the tension in the air at the last meeting, particularly following some of the previous items, may have created some misunderstanding of some of the relevant points of our case_ There are two issues which we believe make this request permissible and reasonable, those being: a. that this request is not inconsistent with the comprehensive plan, and b. that this request would alleviate a dangerous condition and allow our client to provide for new vehicle off loading on site, The conditions associated with this request are unique to this site and we believe that the Commission's approval would not translate into a barrage of rezoning requests_ Please feel free to contact me should you require any additional information and as always, I remain at your disposal should you wish to meet with me. Sincerely, UR E SCHNEIDER ASSOCIATES AlA, PA cc:David Kovacs Jeff Kurtz I ra Lang doc\684\recnsidr.684 h/a.3/9;;? - ff1071on 1tJ /}~~~ f{f::um'~9 01=J). tF QJJ./ - 9 ;;l rlJ-l t-f,L) TO PR-$S on 31o~ lbTE L D/!.. If/pfein, m~. /).f)/)eE.tA)S tI- ~ iJ.(neI} d, 'S SF/111 n9 ) [\\ ~(c ~":\"iJ)-; ,.~ -\\ I 1111111.1 ". . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: r;::TY MANAGER SUBJECT: AGENDA ITEM ~ I ;LA, - MEETING OF JUNE 23. 1992 ORDINANCE NO. 24-92 DATE: June 19, 1992 This is a first reading of an ordinance rezoning and placing land presently zoned RM (Multiple Family Residential - Medium Density) district in CF (Community Facilities) district; said land being located on the south side of Avenue L, between Federal Highway and Florida Boulevard. The rezoning request involves approximately .284 acres (Lots 55-58). The property is approximately 100 feet by 125 feet and located immediately east of the existing Isuzu dealership on Federal Highway. The development proposal is to establish a privately operated 23 space parking lot. The facility will be connected with the Isuzu Dealership to the west and will be utilized by the dealership for vehicle storage. A 10 foot perimeter landscape strip is provided along the east, south and north property lines and a six foot high wall is proposed along the south and east property line. The Planning and Zoning Board at their June 15th meeting commented that the utilization of the CF zoning designation for a privately operated parking lot did not appear to be the appropriate process to accommodate expansion of the dealership. It was further noted that the proposed expansion was in conflict with the "Automobile Policy" contained in the Comprehensive Plan. The Board recommended denial of the rezoning by a 4-0 vote. A detailed staff report is attached as backup material for this item. Recommend consideration of Ordinance No. 24-92. irJ r>&m &~ on /5r~ F 11/ &f.D ~ .3 !:c- ~ od!i.. ( 0./1 . ~, fIl? ~ ~ ~t5l lIlfmllJ ~) "1 ., . I~ ORDINANCE NO. 24-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL - MEDIUM DENSITY) DISTRICT IN CF ( COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOTS 55 THROUGH 58, BLOCK 32, DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE lO OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND AMENDING "ZONING DISTRICT MAP, DEL RAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING 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 Delray Beach, Florida, is hereby rezoned and placed in the CF (Community Facilities) District, as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: Lots 55 through 58, Block 32, Del-Raton Park, according to the Plat thereof recorded in Pla.t Book 14, Page lO of the Public Records of Palm Beach Coaunty, Florida. The above described parcel contains 0.284 acres of land, more or less. The subject property is located on the south side of Avenue L, between Federal Highway and Florida Boulevard, Delray Beach, Florida. 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 imme- diately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1992. MAYOR ATTEST: City Clerk First Reading Second Reading . 'I r I I r 1'-.......\ r - . 0 ~ M c( > W -l ::) O\. m IRIS - I 1 - J / ~ VENUE .-l K- <!. -, 0:= 41( t- o I i2 0 -l r----, j. t.. :I: .......... j Vl ..1 VENUE - z L ).. <( -. :<{ a... ~ l/'l :r >---- I......... ) " j , , l \ J \ II LINDELL AVENUE L 1'---_ 1 ..... V r 1\ I I I I I ~ I I ~ ~ - -J 6 <( , ~ ~ 4] - Q I tJ lLJ ft It... - [;).-TRDPIC ISLE DRIVE "'" - 1 ~ - - ~ ( ............... - I i- DELRAY ISUZU ~~ J1 H""'N VVA'i ~ ::; REZONING AND [) - CONDITIONAL USE - ~ ~g~ t:1M~~S? '''''~ ::.:.1 I ~ ~I I I ~ J tIt/ C I T Y COM MIS S ION DOC U MEN TAT ION TO: g T. HARDEN, CITY MANAGER < ~J ~Q>L THRU: DA J. KOVACS, DIRECTOR D~TMENT OF PLANNING AND ZONING ad~ FROM: PAUL DORLING, NER II SUBJECT: MEETING OF JUNE 23, 1992 ORDINANCE REZONING .284 ACRES IMMEDIATELY EAST OF THE DELRAY IZUZU SITE AT FEDERAL HIGHWAY AND AVENUE "L" FROM RM TO CF (COMMUNITY FACILITIES) AND APPROVAL OF AN ATTENDANT CONDITIONAL USE REQUEST TO ESTABLISH A "PRIVATELY OPERATED PARKING LOT". ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of an ordinance rezoning .284 acres (Lots 55-58) located immediately east of Delray Izuzu Auto dealership from RM (Multi-family Residential) to CF (Community Facility). If approved at first reading, you will also have consideration of a Conditional Use request to establish a "privately operated parking lot" on Lots 55-58 concurrent with second reading. BACKGROUND: The proposal to rezone from RM (Multi-family residential) to CF (Community Facilities) is to accommodate attendant parking for the existing Delray Izuzu dealership. The CF zoning district allows via conditional use approval the establishment of "privately operated parking lots". The attendant conditional use request is to construct a 23 space parking lot along with associated landscaping on lots 55-58. Please refer to the Planning and zoning Staff Report for discussion and analysis of issues pertaining to Comprehensive Plan compliance and appropriateness of using the CF zoning designation. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its meeting of June 15, 1992. Members of the Board commented that the utilization of the CF zoning designation and Conditional Use request for a "privately operated parking lot" did not appear to be the appropriate process to accommodate expansion of the Delray 'I . City Commission Documentation Delay Izuzu Dealership Page 2 Izuzu Dealership. It was further noted that the proposed expansion was in conflict with the IIAutomobile Policyll (Land Use Element Policy A-2.4) which prohibited existing dealerships from expanding south of N;E. 6th-'Street except onto property currently in auto related use. The Board recommended denial of the rezoning and Conditional Use request on a 4 to 0 vote (Currie stepped down). The rezoning denial was based upon the following rational: * failure to meet at least one of the valid reasons listed under Section 2.4.5(D)(5)j and that the rezoning would allow further encroachment of commercial uses (dealership) into residential areas and therefore have a negative impact upon development of adjacent property. RECOMMENDED ACTION: By motion, deny the rezoning from RM to CF for Lots 55-58, Block 32 of Del Raton Park based upon the findings as made by the Planning and Zoning Board. Attachment: * P&Z Staff Report of June 15, 1992 PD/CCIZUZU.DOC ). P[.ANNING & ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- - MEETING DATE: June 15, 1992 AGENDA ITEM: IILB. & C. ITEM: Rezoning & Conditional Use for Lots 55 thru 58, Block 32, Del-Raton Park (Izuzu) >- MOBIL ~ SfRYlCC SOU T1f DCL/U. r SOUTH ....J srA nON DCLIlA r - SHOPPING CCNTrR CONDO .r I ..INOELL (:) - A VEN U E L .r " I I , )J~I II; JV 0 []]] D ( > J ....J \ CD -.J iJ \ ~ ~ PCUCAN SOUn/CASTU n: HARB01l PfUCAN HARfI01I ~ roWHHOMCS ~ lJ.J SHOPPCS NORT1f ~ 1 J 0 CONDOMINIUM e ~ '-/ ~ l.LJ I lL. t ~ ~ GENERAL DATA: OW n e r. . . . . . . . . . . . . . . . . . . . . . . . . I r a Lan g and Harold Schlanger Agent. . . . . . . . . . . . . . . . . . . . . . . . . Robert G. Currie Currie Schneider Associates, AlA Location. ...... ...... .........On the south side of Avenue ilL", East of Federal Highway. Property Size................ .0.284 acres City Land Use Plan..... ... ....~edium Density (5-12 du/acre) City Zoning.................. .R-I.! (~edium Density Residential) Proposed Zoning...... ....... ..CF (Conmunity Facilities) Adjacent Zoning........ .North: PC (Planned Commercial) East: R.'1 South: F_~ "'est: AC (Automotive Commercial) Existing Land Use............ .Vacant Proposed Land Use..... ..........Private1y operated parking lot" to serve as accessory parking for existing auto dealership. Water Service.................Existing B" water main along federal Highway, and existing 10" ~ain south of south property line. Sewer Service.................Existing 8" sanitary se...er line in I r ! . p'. ,\ .; n :"1 '..: ~ "L". "I . " I T E M B E FOR E THE BOA R 0: The action before the Board is that of making a recommendation on the following items: Request to rezone Lots 55-58, Block 32, of the Del Raton Park Plat from RM (Residential Medium) to CF (Commun1ty Facility). Request for Conditional Use approval to establish a "privately operated parking lot" in the proposed CF zone district. The subject property is located on the south side of Avenue L (Lindell Boulevard) just east of Federal Highway. B A C K G R 0 UNO: . At the Planning and Zoning Board Workshop of February 28,~21~841a proposal was presented. to the Board to establish an Auto dealership on Lots 40-50 of the Del Raton Park Plat. At the Planning and Zoni{lq. Board Workshop of May 31, ..1,984 :4l~.1'LB;~~se Plan Amendment proposal from KF (Multifamily) t2,. C_. (C?nuu.!~ !.~~ on Lots 45-50, and _~~~~~t.lOJl........~nd~ in~~.1~~"(r~1;P.9 ~~.. S~ (Specialized Commercial) for Lots 40-50 'was Iscuss837 The Board again considered the request at its workshop of June 28~ 1984 except the rezoning request was changed~ from t)'SS: (Specialized Commercial) c to 5AD ( Special Acti v i ty District). At the Boards regular meeting of July 16, 1984 the Planning and Zoning Board recommended denial' of the annexation, rezoning, Conditional Use and site plan request on a 4 to 2 vote. This recommendation of denial was based on the following concerns: .' .... * the site was too small; * alternative off-site storage proposal was not acceptable; * inconsistent with Land Use plan. On August 14, 1984 the City Commission considered the petitions as discussion items and additional area (Lots 51-54~ was added to the petition at that time. On October 9, 1984 the City Commission approved the Annexation (Ordinance No. 82 - 8 4) , rezoning to SAD (Ordinance No. 83-84), Condi tioni1.~.Use and 51 te Plan on first reading on a 5-0 vote. The City Commission approved the requests on second reading on November i3, 1984 on a 5-0 vote. On February 10, 1986 the Planning and Zoning Board recommended approval of a boundary plat for Delray Izuzu Dealership. The City Commission approved the final plat on the consent agenda on April 8,' 1986~ The dealership has been constructed and in reviewing the file it is noted the boundary plat has not beer recorded. As the plat dedicated right-of-way for Federa.... Highway we now have a condition in which part of Federal Highway appears to be on private property. The applicant has been contacted in an attempt to have the plat recorded" bu t with no ~ success. . P&Z Staff Report Rezoning & Conditional Use for Lots 55 thru 58, Block 32, Del-Raton . Park (Izuzu) Page 2 On September 25, 1990 the existing Izuzu Dealership was rezoned from SAD to AC with the City wide rezonings associated with the adoption of the LDR's. With respect _ to iLO.ts~-S5-~58: they ~re' "'vaca~l and ;no~-fari~! us~ history is noted The dealership has changed ownership and the new owners who have purchased Lots 55-58 are seeking a zoning change and Conditional Use to accommodate expansion of the dealership. PRO J E C T DES C RIP T ION: The rezoning request invol ves approxi~~te~x-i~4::-ac,.r.s (Lots 55-58) . The property is approximatelYtJ.O()~ ~ bYf-.l~3~ and located immediately east of the existing Izuzu dealership. The rezoning request is accompan}ed by a ,Condi tlonal _ Use .r~que.stl~o. ~.~...tabl ish a "privately operated parking lot" with 23 parkln.9 spaces. The facility will be ,q~JY1~cte!',;'wlth.;lthe Izuzu De.!~r~hlp.to the~\!8~ ~nd wi,ll.; ,b.~~a.~l!~~..qiJ?y~~ .d~alership for, ~vehlcl~~!tor4ger . r 10' perimeter .lands.cape strip .Js provided along the east, south and north property lines and. 4.~.! high' ,wa.l.l . ~..~propos~d'~al~ng the south and east property line.. , . ZONING AND CONDITIONAL USE ANALYSIS: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The requested zoning change is from RM (Residential Medium) to CF (Community Facility) . The property has Medium Density (5-12 units to the acre) Residential land use designations. The allowable zoning designations which are deemed consistent with the Medium density Land Use designation are: - RM Medium Density Residential (existing zoning); - CF Community Facility (proposed zoning); - R-l Single Family Residential; - RL Residential Low Density; - PRO Planned Residential Development. 'I P&Z Staff Report Rezoning & Conditional Use for Lots 55 thru 58, Block 32, Del-Raton Park (Izuzu) Page 3 Pursuant to. the purpose statement for CF zoning [Section 4.4.21(A)], the district is deemed compatible with all land use designations shown on the Future Land Use Map. The purposed statement further states that CF zoning is a special purpose zone district primarily intended for facilities which serve public and semi public purposes. Pursuant to Section 4.4.21(8)(2), within the CF zone district, privately operated parking lots are allowed as a Conditional Use. The accompanying development request (Conditional Use) seeks approval of a "privately operated parking lot". If the zoning change is not granted, the requested use would not be allowed and the request shall become moot. If the rezoning is approved, a further question arises as to the appropriateness of the proposed use within the context of the CF (Community Facility) zone district. The proposed use of a "privately operated parking lot" is allowed within the CF zoning designation. However, parking # associated with most commercial uses are not considered separate parking lots but a part of the overall commercial development. Therefore, the request before you may more appropriately be classified as a expansion of an existing auto dealership. Auto dealerships are not an allowed use under the current RM or proposed CF zoning districts. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with the issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposed CF zoning and proposed parking lot will not have an impact on the level of service standards with respect to water, sewer, parks and open space, and solid waste. The following areas are highlighted at this time: Streets and Traffic: Pursuant to Section 2.4.5(0) with all rezoning requests, traffic information is required which addresses the development of the property under reasonable intensity pursuant to the existing and proposed zoning. The applicant has been granted a waiver from Section 2.4.5.(0) by the Planning Director via authority granted per LOR Section 2.1.1(B)(a). Further, pursuant to the County Traffic Performance Ordinance no additional traffic volumes are generated by adding site area, but only through the addition of building square footage. . P&Z Staff Report Rezoning & Conditional Use for Lots 55 thru 58, Block 32, Del-Raton Park (Izuzu) Page 4 Drainage: The method in which drainage for the new lot is not indicated. Given the limited swale areas exfiltration trenches may be required. The balance of the dealership utilizes exfiltration trenches. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoninq Actions), required findings in Section 2.4.5(0)(5) (Rezoninq Findinqs) and Section 2.4.5.(E)(5) (Conditional Use Findinqs) shall be the basis upon which a findinq of overall consistency il to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the makinq of a findinq of overall consistency. A review of objectives and policies of the adopted Comprehensive Plan was conducted and the following objectives or policies are applicable: Automobile Policy A-2.4: "Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the communities future development, the following shall be adhered to: * Auto related uses shall not be permitted in the CBD zone district or within the geographic area along Federal Highway which extends four blocks north and three blocks south of Atlantic Avenue. * Auto dealerships may locate and/or expand west of Federal Highway, i.e. or between the one way pair system (except as restricted above) . Automobile dealerships may locate and/or expand east of Federal Hiqhway, only north of N.E. 6th Street, except within the area lyinq east of Federal - Hiqhway north of N.E. 8th Street, or parcels frontinq on N.E. 8th Street, and south of the north border of the Flea Market property. Within which such excluded areal automobile dealerships may not locate or expand. New dealerships shall not locate nor shall existinq dealerships expand south of N.E. 6th Street provided however, that automobile dealerships south of N.E. ~th Street may expand onto adjacent property which is currently in an auto related use which is zoned to allow such use. * 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. " "I ; P&Z Staff Report Rezoning & Conditional Use for Lots 55 thru 58, Block 32, Del-Raton Park (Izuzu) Page 5 While the policy stated above is not in the current printing of the Comprehensive Plan it is nevertheless in effect given the following history. The automobile dealership policy was contained as Policy A-2.4 of the Land Use Element. It was used in the application of the AC zone designation in October, 1990, and thus is reflected on the Official Zoning Map. When preparing Plan Ame mime n t 91-1, many of the policies which were implemented through adoption of the LOR's or the Official Zoning Map were deleted from the Comprehensive Plan text i.e. they have been achieved. When the "final" document was prepared for printing, Policy A-2. 4 was deleted. Upon checking the record, we have determined that the deletion was inadvertent. (See attached letter from Stan Weedon. ) It would have been more appropriate to have retained A-2.4 as a "maintenance" policy given its locational criteria rather than to have deleted it. In order to clearly resolve the situation, we have proceeded to formally reestablish Policy A-2.4 as part of Plan Amendment 92-1- The Planning and Zoning Board recommended approval of Amendment 92-1 at their meeting of March 26, 1992. The City Commission held a transmittal hearing on April 14, 1992 and the document was transmitted to DCA on April 16, 1992 for their 90 day review pericd. The anticipated adoption date is August, 1992. The proposed expansion is in direct violation of the above Comprehensive Policy which specifically deals with this type of use. Section 3.3.2 (Standards for Rezoning Actions): The applicable performance standards of Section 3.3.2 and other policies which apply are as follows: A) That rezoning to other than CF within stable residential areas shall be denied. (Housing Element A-2.4) This standard does not apply as the area is not within a stable residential area. Pursuant to the Housing Element, the residential areas to the east and south are not included in any specific designated areas (stable, revitalization etc.) while the areas to the north and west are non-residential areas. Further, if the neighborhood was listed as stable the zoning change to CF would be consistent with this standard. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. . P&Z Staff Report Rezoning & Conditional Use for Lots 55 thru 58, Block 32, Del-Raton Park (Izuzu) Page 6 - The subject property is currently zoned RM (Residential Multifamily) . To the north is property zoned PC (Planned Commercial), to the west is AC (Auto Commercial), to the east and south is RM (Residential Multifamily) . The surrounding land uses are Oelray Shopping Plaza to the north, the Izuzu dealership to the west, vacant property to the east, and the Pelican Harbor North residential development to the south (see attached location map). Compatibility concerns are noted with the parking lot (auto dealership) expansion into the residential neighborhoods to the south and east. This proposal while masked as a buffer area under the CF zoning district is actually an encroachment of an auto commercial use. However, to some extent the restriction of the property to parking only will minimize the potential impact of the dealership expansion. The proposed parking lot parcels will abut a residential parking lot to the south and have a 6 ' wall and 10' landscape strip abutting the vacant residential parcels to the east. Required Rezoning findings under Section 2.4.5(0)(5) are discussed under the "Compliance with LDR's" section of the staff report and the negative aspects of approval are noted. Conditional Use Findings: Section 2.4.5(E)(5) (Standards for Conditional Use Actions): Pursuant to Section 2.4.5(E)(5) (Findings) in addition to provisions of Section 3.1.1, the City Commission must make findings that establishing the Conditional Use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; and B. Nor that it will hinder development or redevelopment of nearby properties. This site is bordered by PC (Planned Commercial) to the north RM (Residential Medium) to the south and east, and AC (Automobile Commercial) to the west. The land use to the north is the South Delray Shopping Center, to the south is the Pelican Harbor North residential development, to the east are vacant residential lots and to the west is the Izuzu Dealership. A detrimental effect upon the stability of the neighborhood may be experienced via the expansion of the dealership to the east into the residential neighborhood. Further, the Comprehensive Plan and the LOR requirements are geared to "force out" those auto operations which are of insufficient size similar to phasing out of non-conforming uses. "I P&Z Staff Report Rezoning & Conditional Use for Lots 55 thru 58, Block 32, Del-Raton Park (Izuzu) Page 7 However, it is noted that the commercial uses north of the site (Delray South Shopping Center) currently encroaches 250' east of the eastern property line of this request. Further, the site will be limited to parking only under the Conditional Use approval thereby minimizing the impact of the dealership expansion. The encroachment of the auto commercial use to the east may hinder development of the residential lots immediately to the east of the site. The balance of the property adjacent the site is built out. LOR COMPLIANCE: Section 2.4.5(0)(5) (Rezoninq Findinqs): Pursuant to Section 2.4.5(0)(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 whi.ch 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 provided the following reason for the zoning change request: "The existing Oelray Izuzu site consists of 0.986 acres of land which is below the minimum 1.50 acres required in the Automobile Commercial zoning classification. The owner of the dealership owns the next lots to the east which are approximately .284 acres. His request is to rezone these lots in order that the overall site area is more in conformance with the minimum lot size required by the codes. In doing this, the dealership will be able to provide for vehicle off-loading on-site as opposed to thf' current system where it is done in the right-of-way." "We believe that this rezoning is consistent with the intent of the code in which the minimum desired size of a car dealership lot was to be 1.50 acres. By allowing this rezoning, we would be closer in compliance with this intent plus would be removing the potential danger of the vehicle off-loading from the street. P&Z Staff Report Rezoning & Conditional Use for Lots 55 thru 58, Block 32, Del-Raton Park (Izuzu) Page 8 Finally the reason we have requested that the new site be rezoned to community Facility is that this zoning classification is compatible with all zoning classifications (Land Use Classifications) and that the City will have the security that nothing other than a parking area is provided." As a point of clarification the new on-site loading area will be provided on the existing Izuzu site not on the proposed expansion area. The above statement would most closely represent reason "C", similar intensity as allowed under the Future Land Use Map and more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The proposed zoning designation change would allow uses which are intended to serve public and semi-public purposes. Such purposes include government uses, churches, educational, service, and institutional. While these uses may. be considered similar in intensity, expansion of commercial uses 1. e. Automobile Commercial is not. Further, the applicant has not provided a valid argument that the CF designation is more appropriate than the RM designation the property currently contains. In the justification argument for the rezoning, the applicant refers to an expansion of the adjacent dealership and provision of a vehicle off loading area on site. While the elimination of off loading within the right-of-way is a declared benefit it is noted the current off loading situation is a violation and is not allowed. Therefore, regardless of whether approval of this proposal is granted off-loading must be accommodated on site. The current proposal provides the designated loading on the existing site therefore the off-loading could have been accommodated all along with a reduction of intensity i. e. less vehicle storage area. The proposed use of a "privately operated parking lot" is allowed within the CF zoning designation. However, the use 1s more appropriately called an expansion of the existing auto dealership and therefore is not in compliance with the Land Development Regulations (see discussions under Future Land Use Map) . If the use was accommodated and is approved under the proposed CF zoning designation several technical deficiencies are noted. These include: A. Pursuant to Section 4.6.16(H)(3)(g) no less than 10\ of total paved area shall be devoted to interior landscaping. With a total paved area of 8,486.04' a minimum of 849 sq. ft. is required while only 733 sq. ft. has been provided. Additional landscaping can be achieved by reducing travel lanes to 24' and installing a 4 ' landscape island south of thQ S Genter ~arkinq spaGes. 'I P&Z Staff Report , Rezoning & Conditional Use for Lots 55 thru 58, Block 32, Del-Raton Park (Izuzu) "" Page 9 - Provision of the additional landscape area will provide compliance with Section 4.6.l6(H)(J)(m) (Delineate and Guide Internal Traffic) and concerns noted by the City Traffic Engineer. B. Pursuant to Section 4.6.16(H}(3}(m} interior landscaping in both parking area and other vehicular use areas shall, insofar as possible, be used to delineate a guide major cross space driving where ever possible. The existing landscape islands along the west property line of the new lot must be modified to correspond with the length of adjacent parking spaces as well as the proposed traffic lanes within the parking area. REV I E W B Y o THE R S: The rezoning is not in a geographic area requiring review by either the HPB (Historic Preservation Board) , DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency) . If the rezoning and the associated Conditional Use requests are approved a site plan must be submitted for review by the Site Plan Review and Appearance Board. Neiqhborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A courtesy notice has been sent to several interested parties from the adjacent Tropic Bay, Tropic Isles, Tropic Harbor and Pelican Harbor developments. Other: Two letters of opposition have been recieved and are attached for your information. ASS E 5 S MEN T AND CON C L U 5 ION 5: . ...". ,-...-....... . .. ..... r' ~ ._ The accommodation of an expansion of an..4uto use vJ.!1..a .cr .zq,~Ang designation and "privately' owned parking lot" Conditional Use request is a "stretch" of the LOR's. While some benefits are claimed 1. e. loading, these can a::eady be accommodated on the existing site. It is staff's position that pioc~s.!J..i~9: o(:.'a~. auto.....,geal.ership expansion in the above manner is inappropriate. Further, an expansion of the existIng Automobile commercial use is not allowed in either the current or proposed zoning designation. The appropriate process to accommodate a dealership expansion would be to seek a land use change from Residential Medium Density to Commercial and seek a rezoning change from RM Multiple Family Residential to Automobile Commercial. , P&Z Staff Report Rezoning & Conditional Use for Lots 55 thru 58, Block 32, Del-Raton Park (Izuzu) Page 10 However, even if processed in this manner the expansion of the dealership is in direct conflict with the automobl1.e pol~cy, .which prohibi ts- existing dealer~hip8. ~r~!Il exp~ndlng 'I: 8~!!tl) .. .of N. E. 6th' street except'~nto property :currently in auto. ~elated use.' This polley was in part specifically created to"regulate and prohibit the expansion of auto dealerships in the South Federal Highway area from further encroachment into the surrounding residential areas. A L T ERN A T I V E C 0 U R S E S o F ACT ION S: A. Continue with direction. B. Recommend denial of the rezoning petition, and defer action on the Conditional Use pending outcome of the rezoning action by the City Commission. Per normal scheduling the enacting ordinance would have first reading on June 23, and if approved then, would be considered for adoption on July 8th. This Board could act on the Conditional Use request at its meeting of July 20th. C. Recommend approval of both the rezoning request and Conditional Use request based upon positive findings with respect Section 3.1.1, Section 3.3.2 (Rezoning Findings), Section 2.4.5 (0)(5) (Conditional Use Finding) and policies of the Comprehensive Plan. o. Recommend denial of the Rezoning and Conditional Use request based upon a failure to make positive findings. S T A F F R E COM MEN 0 A T ION: By separate motions; Recommend denial of the rezoning request based upon a failure to make a positive finding with respect to the following; Section 3.1.1 (LOR Compliance) in that the rezoning fails to fulfill at least one of the reasons listed under Section 2.4.5 (D)(5) and Section 3.3.2 (Consistency) in that the proposed use will have a negative impact upon the development of adjacent property Recommend denial of the Conditional Use request for a "privately operated parking lot" based upon failure to make a positive finding with respect to the following; ( Section 3.1.1 (Use Allowed) in that the use is an expansion of an auto dealership and is not allowed within the CF or RM zoning districts. Section 3.1.1 (Consistency) in that the proposed use is in direct conflict with the Comprehensive Plan Automobile Policy A-2.4. PO/IZUZU1.DOC ", '. << - , L ..- ,- 4,...... II ... , a ~ ~ > w ~ :::> 0 en ~ <!. SOUTH a::: ~ ~ SOUTH DELRA Y DeLRA Y a SHOPPING CeNTeR CONDO 0:: 0 ~ l.L.. I. MOBIL V1 z seRVICE <!. STA nON a. V1 LINDELL A VENUE L PCLICAN ~ HARBOR PFl.ICAN HARBOR SHOPPES NOR TH J CONDOMINIUM ~ DELRA Y ISUZU REZONING AND CONDITIONAL USE I ~ . .- . PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: PAUL DORLING PLANNER II FROM: J STANLEY WEEDON ~/~ PLANNER III RE: AUTO USE POLICY DATE: JUNE 10, 1992 The following auto use policy was contained in the Comprehensive Plan, Future.Land Use Element, upon adoption of the Plan on November 28, 1989. Policy A-2.4: Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit the community's future development, the following shall be adhered to: * Auto related uses shall not be permitted in the CBD Zone District or within the geographic area along Federal Highway which extends four blocks north and three blocks south of Atlantic Avenue. * Automobile dealerships may locate and/or expand west of Federal Highway, ie, or between the one-way pair system (except as restricted above). Automobile dealerships 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 south of the north border of the Flea Market property. Within which such excluded area, automobile dealerships may not locate or expand. New dealerships shall not locate nor shall existing dealerships expand south of N.E. 6th Street provided however, that automobile dealerships south of N.E. 6th Street may expand onto adjacent property which is currently in a auto related use and which is zoned to allow such use. * 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/commercr areas. [LOR's Section 4.4.10] --- Oorling Use Policy - 2 This policy was inadvertently deleted via Amendment 91-1 adopted by the City on October 8, 1991- Policy A-2.4 was included in a list of policies which were deleted because they had been accomplished by adoption of the City's new Land Development Regulations and zoning map. While portions of the'policy could be deleted based upon inclusion of the LOR's and appropriate application of zoning districts on the zoning map, the policy should be retained in the Comprehensive Plan. The policy is reestablished via Amendment 92-1 in its entirety as a maintenance policy, reference to LOR's Section 4.4.10. Amendment 92-1 has been submitted to the State for the required 90 day review (April 16, 1992). Adoption of Amendment 92-1 is anticipated to occur in August, 1992. 5W/#1/DORLING m" co,-;,- ~ ~ ~ - ~. I '.' - . . I'''' \ "I:'. ,. _ r ~ I . .. ~. . .- \ .. . , - , '. , "I TROPIC ~ .-.\ I J L E J CIfIC ASSOCIAtiON ./ DATE: JUNE 11, 1992 TO: David Kovacs Department of Planning & Zoning FROM: Debra Roberts Weaver, President Tropic Isle Civic Association SUBJECT: Isuzu Dealership Expansion Rezoning & Conditional Use In regards to the above mentioned subject we would like to strongly object to any expansion being approved for the Isuzu Dealership. It is our feeling that this expansion goes against the Comprehensive Plan in regards to any further expansion East of Federal Highway. In past years many man hours .ere spent by citizens of this community in planning and adopting policy for our city in reference to the many dealerships in our area. We are a residential community and do not wish to be further infiltrated by any expansion of any car dealership in our neighborhood. The area in which they operate is under an acre and the proposed expansion still does not bring them up to minimum. Wi~h the Comprehensive Plan allowing areas in our city for businesses of this nature to operate it seems that any further expansion on the part of Delray Isuzu should take place where there is adequate space for planning for their current and future needs such as parking area for inventory and offloading of vehicles. Sincerely, ilibACdJ.'bt'LVJ \!JL1ctL~t L' Debra Roberts Weaver, President TROPIC ISLE CIVIC ASSOCIATION - -- -... - - - -. CC: City Commissioners Planning & Zoning Board members - . . .;S~ p ,0. BOX 2473 DELRAY BEACH. FLORIDA 33447-2473 ]I' -~:i~i"':~'-'~""''::'~''-:t:iI:'''--~ .' ~_ u..... . .' ~,(>'^\'~'~".I'..;.J......__ l~::':;'j'l,,.._.. _'_~41...:':':":.)o.s.....h'.;.'" ~.Jt~a~ ...&Id.r._ ~ ~J:t..l.I. ...---....i.."1-- :r.t<;:z....~...t(<:'""'......: ';I ~ PELICAN IlARBOI!. I,MEOWNERS AsSOCIATION . '. . . , .. 475 Pelican Way Delray Beach. Florida 33483 (407) 272-1910 March 31 . 1792 Mr. Dlt'vid 3. I<ovac~ , o i rec te.r Department eof' Planning and ZClni ng City o~ Delray Beach 1(11) N.W. 1st Ave. Delray Beach, Fl. 33444 I Re. Hitsubishi Dea lel- sh i p and I~L1=u Op-alel-ship Dear Mr. Kovacs: At the regular monthly meeting e.f the Pelican H~rh~r He.mee.wners Asse.ciatie.n e'n t1.u.ch 19. 1992. y~ur lr.ttl?r of the abe.ve subject was discussed. The Board was of thp un,;:\nimclus p':o~ it i e,n t.hat I ~h')1l1 d ~'r i tl? te. you communicating e.ur e.bjecticln tel "ny fUI-- ther Fa<<:- hJard penetr~tion by Commercial c1(:tivity i n t 1:' c'llr n::>s j dp.n t 1 ~ I cClmmuni ty. We feel t.hat o\l\ny ~uch activitv ~"c'L11 d ne. t c. n I vb", an ",:-'ec;'::ore but we'Llld negatively affect the J"l1"~'J"ll?r t y valups ac '111 i l"f'?d by e.ur residents when they became hDmeowners i n Pel i C d n H ~ r b C.I- . He.st clf c'Llr cClmmuni ty were the n:?c ip ients c.f Clppre.:: im;\tel y ;>. thiry-five percent i nCI-e;\se in their ta::ec; thi~ yea'- hpri"'lue;e. as we were tCII d . ~'e are a delightful n~si.denti;\l c: r, mmt 1 nit y . To now provide commercial penet,- a t i c,n i ntc. this arE'o\l\ ~"rlU 1 d bp It' completp- about face c.f the reasc,n f c,,- which r.'LIl- t.~~:I?S ~H~r-E' raised and. I am sUI-e. r;\ise sr..me ques t icons abc-.u t the i ntegr i ty c.f such a dec isic.n. ~Je . in Pelican Harbor, will '5 t J' c. ng 1 y resist .;:\ny ~tt;empt tc. change the Comprehensive Plan of November, 1989 fe.r the benefit of commercial activity. Sit,-e(B k?~, ,'_ ' -~ ,6- y' R,.se. p,- es,-"en t F'e H",-bc-.,- \~ , "-'. I' c.mec,wI. .I"S Assc.c i at i .. n .' , \ eel Diane Dominguez. F'l annel- I J I Jean Beer, Trc.p i C Isle~. I.k.mec.wnel-s Gr'r.up '.\ , " " 4\ J. Oagher. J.M.U. Pre.per t les. I nc . ()\t' "I i 1 T:fJPIC 'fiBW Condominium Association, Im:. June 11. 1992 City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Fl. 33444 Attn: Alison MacGregor Harty City Clerk The Board of Directors, representing owners of Tropic View Condominiums, strongly oppose the rezoning of: Lots 55 thru 58, inclusive, Block 32, Del Raton Park, Palm Beach County, Florida, according to the Plat thereof recorded in Plat Book 14. Page 10 of the Public a.corda of Palm Beach County, Florida. .~ This rezoning will definitely affect our property value and create more traffic in a residential area. All of Federal Highway is zoned for commercial use, which should be enough without coming east in residential areas. We would like to go on record as being in extreme opposition to this rezoning. Respectfully, The Board of Directors Tropic View Condominium Association, Inc. rc }7EC~Yt~ - IS_ ~ PLANNIN"'" . I . II &, ,-''''O,1\i;NG 3118 FLORIDA BLVD., DELRAY BEACH, FLORIDA 33483 . . MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM it (~& - MEETING OF JUNE 23. 1992 ORDINANCE NO. 25-92 DATE: June 19, 1992 This is a first reading of an ordinance rezoning and placing land presently zoned POC (Planned Office Center) district in NC (Neighborhood Commercial) district; said land being located at the northwest corner of Congress Avenue and Lake Ida Road. The rezoning request involves approximately 1.70 acres of a 6.74 acre vacant parcel. The development proposal is to construct a Hess Gasoline Station. The proposed gasoline station will consist of a 1,283 square foot food mart, four pump dispensers, a carwash, six parking spaces and associated landscaping. The balance of the site will remain POCo If this ordinance is approved at first and second reading, a conditional use request to establish the gasoline station will follow. The Planning and Zoning Board at their May 18th meeting held a public hearing at which testimony was taken. Several members of the public spoke in opposition citing additional traffic congestion. Additionally, letters were received which cited traffic, lack of need for potential NC uses, potential noise, fumes and lighting impacts. The Board recommended denial of the rezoning request by a unanimous vote. A detailed staff report is attached as backup material for this item. Recommend consideration of Ordinance No. 25-92. p~ ~~~ - O~i()MC.t, :l!: as -CJa VOID - '. . . . . -- --~- - ORDINANCE NO. 25-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT: SAID LAND LYING AND BEING IN THE EAST ONE-HALF OF SECTION 7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN: AND AMENDING "ZONING DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990": PROVIDING A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE: PROVIDING 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 Delray Beach, Florida, is hereby rezoned and placed in the ~C (Neighborhood Commercial) District, as defined in Chapter Four of the Land Development Regulations of Delray Beach, Florida, to-wit: A parcel of land lying in the east one-half of Section 7, Township 46 South, Range 43 East, lying in the City of Delray Beach, Palm Beach County, Florida, said parcel being more particularly described as follows: Commence at the northeast corner of the aforesaid Section 7: thence run N.89o 54'30"W., an assumed bearing, along the north line of said Section 7, 60.00 feet to a point of intersection with the west right-of-way line of Congress Avenue as laid out and now in use: thence run S.00023'20"E., along said west right-of-way line, 1222.27 feet to a point of curve, said curve being concave to the southwest and having a radius of 3759.80 feet; thence run southerly along said curve, through a central angle of 19003'45", an arc length of 1250.90 feet to a point: thence S.l8o 40'25"W., 720.39 feet to a point; thence continue along the previous course, S.18040'25"W., 514.4l feet to a point; thence S.220 29'16"W., 132.49 feet to the Point of Beginning of the herein described parcel; thence continue along the previous course, S.22o 29'16"W., 47.9l feet to a point: thence S.18040'25''W., 155.34 feet to a point: thence S. 67002'20"W., 59.79 feet to a point of intersection with the northerly right-af-way line of Lake Ida Road, said point lying on a curve concave to the southwest and having a radius of 1670.l6 feet: thence from a tangent bearing of N.64035'46''W., run westerly along said curve, through a central angle of 05020'36", an arc length of l55.76 feet to a point; thence N.l8040'25''E., 231.85 feet to a point: thence S.71019'35''E., 203.19 feet to a point of intersection with the aforesaid west right-of-way line of Congress Avenue and the Point of Beginning of the herein described parcel. I . The above described parcel of land, more or less. The subject property is located at the northwest corner of Congress Avenue and Lake Ida Road, Delray Beach, Florida. . _.~-~- - 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 imme- diately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1992. MAYOR ATTEST: City Clerk First Reading Second Reading , j ~ .. - ~ LaJ ~ :5 I./) 0) I - ~ ~ C/J 0: DELltAY ,AIle ~ OF' COMWUCE <' - LUCI: IDA PUZA LAKE IDA CENTER N REZONING & CONDITIONAL USE ,. ~.e. >:.( -4 ' . " C I T Y COM MIS S ION DOC U MEN TAT ION TO: ,.JD4VID T. HARDEN, CITY MANAGER ( '\~~ ".... . ". UCc~ THRU: DAVID J. A S, DIRECTOR ~R:MENT ~F ~LANNING AND ZONING ~~~ FROM: PAUL DORLIN '~ PLANNER I I SUBJECT: MEETING OF JUNE 23, 1992 ORDINANCE REZONING 1.7 ACRES AT THE NORTHWEST CORNER OF LAKE IDA ROAD AND CONGRESS AVENUE FROM POC (PLANNED OFFICE CENTER) TO NC (NEIGHBORHOOD COMMERCIAL). ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval of the rezoning ordinance affecting the 1.7 acres at the northwest corner of Lake Ida Road from POC (Planned Office Center) to NC (Neighborhood Commercial). If approved at first and second reading, a Conditional Use request to establish a " dispensing of gasoline directly into a vehicle" facility ( Hess Gasoline Station) will follow. BACKGROUND: The rezoning request involves approximately 1.70 acres of a 6.74 acre vacant parcel at the northwest corner of Lake Ida Road and Congress Avenue. The rezoning request was accompanied by a Conditional Use request to establish a Hess Gasoline Station on the 1.70 acre parcel. Immediately prior to the Planning and Zoning hearing, the applicants agent characterized the petition as providing perpetual open space on the balance of the the 6.74 acre parcel. The petitioner was given the opportunity by the Planning and Zoning Board to defer or amend his petition but declined. Thus, the item is that of rezoning 1.7 acre to NC and the balance of the site POC (Planned Office Center). . PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at its _. meeting of May 18, 1992. Several members of the public spoke in opposition citing concerns over additional traffic congestion. In addition, five letters of opposition were received citing concerns of traffic, lack of need for potential NC uses, potential noise, fumes and lighting impacts. . City Commission Documentation Hess Gasoline Station Rezoning Page 2 After taking public comment the Board recommended denial of the rezoning request on a unanimous 6-0 vote. This recommendation was based on a. failure to make positive findings to numerous items as listed under the Assessment and Conclusions section of the attached Planning and zoning Board Staff Report (Page 8). At this same meeting the attendant Conditional Use approval for the Hess Station was continued until after the City Commission has considered this rezoning request. RECOMMENDED ACTION: By motion, deny the Lake Ida rezoning request from POC to NC based upon the recommendations and findings made by the Planning and Zoning Board. Attachment: * P&Z Staff Report of May 18, 1992 PD/CCHESS.DOC PLANNING & L U j'J IJ'J tj tiUAHU - CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: MAY 18. 1992 AGENDA ITEM: III.B. ITEM: REZONING FROM PLA~NED OFFICE CENTF:R (POC) TO NEIGHBORHOOD COMMERCIAL (SC) UPON 1. 74 ACRES OF ~~D LOCATED AT THE NORTHWEST CORNER OF CONGRESS & LAKE L&J ~ :5 V) 0) I - - - ~ - ~ - CI) N.~' _ f5 - ", oo.n.l.ec J...::. N ~ - - GENERAL DATA: Owner...... ...................Cracchlo1o Group and Vito J. Lupo TR Agent.........................Tlmoth~ P. Cracchiolo Location..................... .The nOlthwest corner of Lake Ida Road and Congress Avenue. Property Slze.................1.74 Acres City Land Use Plan............Transitlonal C It y Z 0 n I n g. . . . . . . . . . . . . . . . . . . P oc (P :l ann e d 0 f (1 c e C e n t e r ) Proposed Zonlng...............HC (Helghborhood Conunercial) Adjacent Zoning...........,.. .North: POC East: ?CC (Planned Conunerce Center) South: PC (Planned Conunercial) West: POC E.Klstlng Land Use..........,. .Vacant Proposed Land Use.............Gasoline Station with a Convenience Hart. Water Service....... ..........Exlstlng 12" water main along Lake Ida Road and 9" line along Congress Avenue. Sewer Service............... ..Existing 8" sanitary sewer force main ~long Congress Avenue and 8" force maIn along Lake Ida Road, and 8" sewer main within Rainberry II 1.1 Lakes Drive to the northwest. -- . . . I T E M B E FOR E THE 8 0 A R D: The action before the Board is that of making a recommendation on a rezoning request from POC (Planned Office Center) to NC (Neighborhood Commercial). The subject property is located at the northwest corner of Congress Avenue and Lake Ida Road. B A C K G R 0 U N D: On August 20, 1984 the Planning and Zoning Board reviewed a Land Use Plan Amendment and zoning change from PRD-4 to POI (Professional, Office, and Institutional) for the vacant 6.74 acre parcel at the northwest corner of Lake Ida Road and Congress Avenue. The Board also considered a Conditional Use request and site plan approval for a 54,712 sq. ft. office complex with a drive thru bank. The Planning and Zoning Board recommended approval on all four requests. On September 25, 1984 the City Commission approved the Land Use Plan Amendment (Ordinance No. 75-84) and zoning request (Ordinance No. 76-84) on first reading. On November 13, 1984 the City. Commission approved the Land Use Plan Amendment and rezoning requests on second reading and approved the related Conditional Use and site plan requests. On September 10, 1985 the City Commission approved Ordinance No. 103-85 on first reading changing the name of the POI (Professional, Office and Institutional) zoning district to POC (Planned Office center) as well as modified the zoning district regulations. On September 24, 1985 the City Commission passed the ordinance on second reading and this property's zoning designation was changed to POC (Planned Office Center). No development occurred on the site and prior to the expiration of the Conditional Use and site plan approval (18 months), an extension was requested. On May 23, 1986 the Planning and Zoning Board recommended approval of the extension request. The City Commission approved the extension request on July 10, 1986. No construction commenced and the Conditional Use and site plan expired on December 12, 1987. PRO J E C T DES C RIP T ION: The rezoning request involves approximately 1. 70 acres of the 6.74 acre parcel. The proposed parcel is approximately 304' by 239' and located at the northwest corner of Lake Ida Road and Congress Avenue. The rezoning request is accompanied by a Conditional Use request to establish a HESS Gasoline Station on the site. The gasoline station will contain a 1,283 sq. ft. food mart, 4 pump dispensers, six parking spaces and associated landscaping. The balance of the 6.74 acre parcel (approximately 5 acres) is to remain poco The applicant has noted on the concept plan submitted with the Conditional Use request that the balance is to be dedicated for park/recreational or open space. . P&Z Staff Report Rezoning - POC to NC Page 2 Z 0 N I N G A N A L Y 5 I 5: REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The requested zoning change is from POC (Planned Office Center) to NC (Neighborhood Commercial). The property has a Transitional Land Use Plan Designation. The allowable zoning districts which are deemed consistent with the Transitional Land Use designation are: - poe Planned Office Center (existing zoning) - NC Neighborhood Commercial (proposed zoning) - AG Agricultural - R-1 Single family residential - RL Residential Low Density - RM Residential Medium Density - MH Mobile Home - PRO Planned Residential Development - POD Professional Office Development - RO Residential Office - CF Community Facility Pursuant to the purposed statement for NC zoning (Section 4.4.11) that district may be located in areas designated as Transitional on the Future Land Use Map when a non-residential use is appropriate for the location. The accompanying development request (Conditional Use) seeks approval of a facility for the "dispensing of gasoline into a vehicle". Within the LDR's a distinction is made between a Gasoline Station and "dispensing of gasoline into a vehicle". These uses are listed as two distinct uses under the CBD, GC and PC zoning districts. Pursuant to the LOR definitions the proposed use is classified as a gasoline station. Gasoline stations are not a Permitted or Conditional Use allowed wi thin the NC zoning district. (See discussion prepared for the Conditional Use request). . . P&Z Staff Report Rezoning - POC to NC Page 3 Concurrency: Facilities which are provided by, or through, the City shall be. provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water: A 12" main exists on the south side of Lake Ida Road, an 8" main on the east side of Congress Avenue and an 8" main within the Rainberry Lakes driveway. Water main extensions will be required by this development. The impact of uses allowed under the NC zoning on overall levels of service will be minimal. The water consumption with allowable (NC) uses are generally less than could be expected with office use developed under the current POC zoning designation. Sewer: An 8" sewer main exists to the west in Rainberry Lakes entry way and south in the shopping center at the southwest corner of Congress Avenue and Lake Ida Road. Sewer main extension will be required. The sewage flow with allowable (NC) uses is likely to be less than could be expected with office use developed under the current POC zoning designation. Drainage: Drainage is to be accommodated in on-site retention areas. No concerns are noted at this time. No specific differences are noted between allowable Ne uses and potential office development. Streets and Traffic: I Pursuant to Section 2.4.5(0) with all rezoning requests traffic information is required which addresses the development of the property under reasonable intensity pursuant to the existing and proposed zoning. The applicant's traffic report indicates the development potential of the total site ( 6 . 7 acres) under the current POC zoning designation is 73,400 sq.ft. of office development. This use will generate approximately 1,111 average daily trips. No credit is allowed for pass by capture for office development therefore, the 1,111 trips will be considered ~ trips. It is noted that development of this intensity would not be able to meet traffic concurrency on Lake Ida Road between Congress Avenue and Barwick Road. The traffic study for the gasoline station (proposed use) indicates that the site will generate 1,630 average daily trips. Using the allowed 58% pass by I I capture rate, the development will generate 685 new average I daily trips. I I P&Z Staff Report Rezoning - POC to NC Page 4 The above comparison only addresses the development impact of 1.7 acres of -the 6.7 acre site. While the applicant has indicated the balance of the site will be dedicated for , park/recreational and open space uses, that commitment hinges on the approval of the Conditional Use request. The development potential of the remaining 5.0 acre parcel would be approximately 65,000 sq. ft. of office, generating approximately 1,013 daily new trips. Thus, on its own, the proposed rezoning, without downside compensation, will result in an increase in traffic. Parks and Open Space: Park dedication requirements apply for new residential development. As presently zoned and as requested, this property is to be developed as non-residential property and therefore the requirements do not apply. Solid Waste: The impact of this use on the solid waste facility which is to accommodate all growth in the County is relatively insignificant. The proposed gasoline station use is likely to have less of an impact than office use developed under the current zoning designation. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(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 rezoning to other than CF within stable residential areas shall be denied. (Housing Element A-2.4) This standard does not apply as the area Is not within a stable residential area. Within the Housing Element the residential area to the west is designated as "Stable" areas while to the north, south and east are non-residential areas. 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 exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to proved for better project design. . P&Z Staff Report Rezoning - POC to NC Page 5 . While the parcel depth is sufficient to allow for commercial development other than "strip" conunercial the size of the parcel being rezoned would tend to promote strip type of development. While the parcel is being rezoned to accommodate a gasoline station the development potential for other NC uses exists if the rezoning is approved and the accompanying Conditional Use request is denied. Further, the resulting NC/POC configuration may lead to further requests for piecemeal zoning as opposed to development of the entire 6.7 acres in a unified manner. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The subject property is currently zoned POC (Planned Office Center) . To the north is property zoned POC, to the wes t is PRO (Planned Residential Development), to the east is PCC (Planned Conunerce Center) and to the south is PC (Planned Commercial). The surrounding land uses are vacant to the north, recreational components (tennis courts) for the PRO to the west, vacant to the east and the Lake Ida Shopping Center to the south. Attached to the staff report are pages 4431 and 4442 of the LOR' s which list the permitted uses under both the NC and POC zoning districts. The uses allowed in the NC zoning district include retail sales, provision of services (i.e. beauty salon, dry cleaning etc. ) and business and professional offices subject to special regulations limiting them to no more than two similar offices and not exceeding 2,000 sq. ft. per office. These uses are geared to serve neighborhood needs. The uses allowed in the POC zoning district include banks, brokerage establishments, photographic studios, service uses such as real estate, insurance etc. and business, professional and medical offices. These uses are geared toward serving community needs. Compatibility concerns associated with a change from POC to NC include: * The introduction of uses allowed within the NC district which currently exist in abundance in the immediate area, south of the site and at Lake Ida and Dover Road. The introduction of additional NC uses would be incompatible by creating additional competition for already abundant neighborhood commercial uses. I j.... P&Z Staff Report Rezoning - POC to NC Page 6 * The potential to introduce uses which will generate higher traffic a:ctivity throughout the day verses distinctive AM and PM peak hours and minimum evening traffic associated with office uses allowed under the current POC zoning. LDR Compliance: Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4,5(0)(1) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b, That there has been a change in circumstances which make the current zoning inappropriate;. c. That the requested zoning is of 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/o.t neighborhood. The applicant has indicated the reason for the zoning change request is the following: "The subject property is located at the intersection of two major traffic ways and access from a community shopping center. At this time there are no facilities for the dispensing of fuel within proximate distance of this proposed facility, which would serve the unmet needs of both the resident population to the west and the work force population along the City's major office and commerce corridor. This intersection has been acknowledged as a visible location to accommodate the demands for a facility of this nature, but subject to the highest landscape and buffering requirements in keeping with its residential gateway location.1t "In the intervening 10 years since the property was first marketed for POC uses there has been a surfeit of such uses in the immediate vicinity with accompanying high vacancy rates. While the vacancy may decline somewhat once the present recession has ended, there is an emerging consensus that this segment of the marketplace is extensively overbuilt, thus the proposed NC zoning for the exist!n vacant parcel strikes a balance between the needs of the public sector to insure a sound economic base for the City's future and the owner's requirements for a reasonable use of the property". P&Z Staff Report Rezoning - poe to NC Page 7 The above stat~ment would most closely represent reason "C", that the rezoning is of similar intensity as allowed under the Future Land Use Map and more appropriate given its location at the intersection of two major traffic ways. While the proposed zoning designation may be similar in intensity it is not more appropriate given its location at the intersection of two major traffic ways. The purpose of the NC zoning district is to provide opportunities for limited retail and service uses in a manner convenient to and yet not disruptive to residential uses. Commercial uses which require exposure at major intersections . are geared to serve more than limited retail or service uses which could be classified as Neighborhood Commercial. In this location if nonoffice or nonresidential uses are proposed, GC zoning (General Commercial) would be appropriate given the market to be served. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives or policies were found. REV I E W B Y o THE R S: General: The annexation is not in a geographic area requiring review by either the HPB (Historic Preservation Board) , DDA (Downtown Development Authority) or the CRA (Community Redevelopment Agency) . Neiqhborhood Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A courtesy notice has been sent to Arthur Jackel, United Property Owner's Association and David Honninger, Lake Ida Property Owner's Association, David K1arer, Delray Beach Council of Communities, Holen Coopersmith, Progressive residents of Delray who have requested no~ification of petitions in that area. Other: Several letters of opposition have been received and are attached for your review. ,.. P&Z Staff Report Rezoning - POC to NC Page 8 ASS E SSM E N T AND CON C L U S ION: In assessing the rezoning request positive findings with respect to the following areas cannot be made: * Chapter 3.1.1(B) (Concurrency) in that the petition for a combination of NC and POC zoning will result in an increase of traffic on an already over capacity roadway. The potential traffic increase will represent approximately 587 new trips. This is the difference between 1,111 daily new trips for 73,400 sq.ft. office under existing POC and potential 1,698 daily new trips under combination zoning NC and POC). * Chapter 3.1.1(C) (General Consistency) upon a finding that the beneficial aspects of the rezoning do not outweigh the negative aspects. The negative impacts include failure to make a positive finding with performance standards Section 3.3.2(C) in that the size of the parcel being rezoned would tend to promote strip type of development. Further, that the NC/POC configuration may lead to further piecemeal zoning requests as opposed to development of the entire 6.7 acres in a unified manner; and, Failure to make a positive finding with performance standard Section 3.3.2(0) via introduction of land uses which are inconsistent with adjacent and nearby land uses. The rezoning would not only introduce higher traffic generation but would generate traffic throughout the day and into the evening. The rezoning would also allow introduction of NC uses which already exist in abundance in the area. * Chapter 3.1.1(0) (LOR compliance) due to failure to fulfill one of the valid reasons for the change in zoning as outlined under Section 2.4.5(0)(2). The applicant has made an argument for reason No , 3, 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. While the rezoning is similar in intensity as allowed under the Future Land Use Map the petitioner has failed to prove it is more appropriate than the existing zoning designation. A L T ERN A T I V E ACT ION s: A. Continue with direction. P&Z Staff Report Rezoning - POC to NC Page 9 B. Recommend denial of the rezoning request from POC to NC based upon a failure to make a positive finding with respect to Chapter 3.1.1 (Concurrency, Consistency and LOR compliance), Chapter 3.3.2 (Compatibility and strip commercial potential), and that pursuant to Section 2.4.5(0)(5) that the rezoning fails to fulfill at least one of the reasons listed. C. Recommend approval of the rezoning request based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and Section 2.4.5(E)(5). S T A F F R E COM MEN 0 A T ION: Recommend denial of the rezoning request from POC to NC based upon a failure to make a positive finding with respect to Chapter 3.1.1 (Concurrency, Overall Consistency and LDR compliance), Chapter 3.3.2 (Compatibility and strip commercial potential), Section 2.4.5(0)(5) failure to fulfill valid reason) as detailed in the assessment section of the staff report. Attachments: * Location Sketch * Letters of Opposition PD/LAKEREZ5.00C '. iii II: ~ ~ ~ ~ i W ~ ::i /:: ~ If J:! - ~ .. l>tUl.l Y 'AU or COWWUC[ LAl(l IDA PLAZA LAKE IDA CENTER f N REZONING fROM poe TO NC . ..... 22 Colonial Road H 1 n ghf\ m, V...1.ssachusetts April 24, 1992 Yu- . David Kovacs, Planning Director City of Delray Beach 100 ~~ First Avenue Delray Bea ch, Florlda,33444 Dear :-1r. Kovacs: I am enclosing a list of reasons why I do not approve of the proposal to place a gas station and a co~pact store at the corner of Swinton and Lake Ida Road. I h~7e sent copies to the Mayor and the Town Manager. I a~ currently in ~~ssachusetts on business, and w1l1 not be back 1n Delray until after the }ay hearing concerning the proposal. I tru s t taa t , in my absence, ~y written comments will be read 1nto the record. My address 1n Delray Beach 1s as follows: 1007-D South Dr1ve Delray Beach, Florida 33445 I w111 appreciate your personal attention to this matter. Sincerely, ?;(r:F~ \r' . - - - --"lD) - .__ _ '. ,,".:' t . ~ ' - <~I;j , . :-.~ ~-jj ... '" I _ f::" .... ".- ,> -;-"...q 1\' r.: j L; '.' '. ." I _ :..: .. _ . :.. . .;l . ....,..... "I -. . .... N"~ Reaso~~ W~y the Pr~o0s~1 fer the Corner of Lake Id3 and C1nRress Shou11 Not ae Ap~ro'led I. A l7,as ~tatior. a~lrl CO'Tlp:t~t st:>re are not nee1e1. - There &~~ other clos~d ~~S stations whIch look abandone1. Why are they cl::>~wl if business 1s so good? - There is a ^lnn' Dixie acr::>ss the street and also a nearby convenle store adjacent on Lake Ida. These are sufficient. II. The trRffic situation 1s dangerous 1n this Rrea. --The extt from Winn Dixie on Lake Ida Is already difficult to nnvl- gate if one Is goin~ left. I have seen accidents here. - Ralnberry Lake across the street has occupants entering and exlt- inp, without the use of lights. This includes left turns. - The shopptne area adjacent to Winn Dixie also has cars ~ntering and exiting. - The delivery truck: entrance for Wlnn Dixie is on Lake I-1a. - The Capitol Bank: and Drive-In are at this corner. - The Lake Ida Restaurant generates much traffic. - There are ~anJ elderly residents corning into the Wlnn Dixie area to purchase items at the Ekharts Drug Store. The traffic situation is alreqdy difficult for tne~. - Th~ li~hts at the corner do not provi1e safe passage. T~ere is a continu~us flow of traffic, and there is no provision for those exiting the Winn Dixie Plaza to the left, coming from R~lnberry La; and turning left, and those corning out of t~e shopping area next t! Wlnn Dixie. - There is a Dal Care Center In this bUSl area. - If you add morp. trnfflc, th~n you will cause A ~ltuAtlor. which is presently being co~plained about on Linton. Let that ex~~ple suff1 I have seen malls lose both customers and stores bccau~(' people - beco~e discouraged at the traffic III. Has an Environmental Impact Report been done for this prcposal? If !'lot, I would like to request one. IV. Conclusion A gas statton and co~pact store are inappropriate uses of this Ian and zoning should not be changed to accommodate them. .~ pt:/"l ../ . _~J>. ~~ 1085 N . W . 19th Terrace Delray Beach, FI 33445 May 11, 1992 Planning and Zoning Board of Delray Beach 100 N. W. First Avenue Delray Beach, Fl 33444 To Board Members: We are hereby declaring - in writing - that we are !~!!!!l and !~.!~!~!!.!l_ ~22~~!g to the proposed rezoning of the parcel of land on the northwest corner of Lake Ida Road and Congress Avenue. Unfortunately, we will be out of town on May 18th, and will be unable to attend the public meeting at which time this proposal will be discussed. We think it ~!!~~!!.!~i~!!.!~!! that the issue, so vital to all who live in the Rainberry Lake complex, should be up for discussion at a time when so many of our residents will be gone (or the season. Those who requested this meeting must have planned it purposely to avoid the full and vigorous protest it would otherwise receive. Such a development as proposed would cause a drastic change in our lives, and we believe, in the value of our property on 19th Terrace. l. The traffic on Lake Ida Road, which currently make.s it difficult to exit from our complex, would be increased and would probably lead to many accidents. 2. The noise from starting up of cars and trucks, bells frolD pumps, car radios as well as voices would totally ruin whatever peace and quiet th now exist in our area. :3 . The fumes from such a "fuel dispensing facility" that would come with the air currents that normally'come from that direction could not bu t detract from our health - not to mention the unpleasantness of the odors. Just how much more in danger is our property from the possiblity of fire, and how much will our fire insurance increase'? 4. The lights that would be on to all hours would completely destroy one of out' greatest joys - watching the moon rise over our little lake and looking at the stars. The aesthetic pleasure we derive from the ambience of our home would be irretrievably lost. There are already three such stations at the next corner just south of us, We cannot b e1 i eve this addition ,""auld add to the welfare of the citizcns 0 our city - and would do much to obliterate our own. Please, please do not allow this proposal to pass. It would destroy much of what we hold fT'.O S t dear. ~1l?~~~'t~lDJ Y?urs trUlY';) . 'ieJ - -.,- . Itl ;I/J:/_~ i~ I' . .. 12 I~~, C~~~~ .....1 Marilyn a d Edward Drier PLANNING & ZONING ". \.. .....' I' "'- I r ,..- -""'- - . . . ' W la!w .(Iil .7JMI1> /:1;PAC,S I )rvltl'rlr () t\ 't4. c. (lI~.r1 wller~ \S~) 'iEl,t:.: V [0 MAY 1 1 1992 May 6, 1992 CITY COMMiSSION Mayor Thomas Lynch 100 NW 1st Avenue . Delray Beach, FI 33463 Dear Mayor Lynch, Please be advised that the Board of Directors of the Lake Ida Property Association opposes the rezoning of property located at the Northwest corner of Congress Avenue and Lake Ida Road to neighborhood commercial for the use of a gas station and convenience store. This proposal further provides for the remainder of this property to be used as parks, recreation, and open space. We feel the placement of the gas station and convenience store adjacent to a park and recreation facility is inappropriate. There are already convenience stores in the vicinity of this property and they generally contribute to loitering and alcohol consumption. We support the following: 1.) Leave as currently zoned. 2. ) Rezone for park recreation and open space only. 3. ) Develop a comprehensive plan for the entire site to be reviewed by P&Z and the area residence before rezoning. . - .=~~ . ?fft . J .~ \ \ ~ t\V> ~ V \.... O~\ ~G. ~'V ./ ~\-\~\ .' l' . . - rJ? ~~ .t/~. 95..uuU -c( .!ZJ~~1v- h.o~~ Od) If J -' ../1{;tt A-lve-J./' ./ B ~ Jfve1-(~ f? ~. ./00 ~ !l>~9J.ead. f/~ JJ#S <3l/U/?'U, (305) <.1~ - -'2.:1<'- May 14, 1992 Mr. Mark Krall Chairman City of Delray Beach Planning & Zoning Commission 100 Northwest First Avenue Delray Beach, Florida 33444 Dear Mr. Krall: It has come to the attention of the Board of Administration of the Pines of Delr~y North that plans have been proposed to build a gasoline station at the intersection located at the northwest corner of Lake Ida Road and Congress Avenue. Please be advised that this community of 1,500 residents is vehemently opposed to this consideration and feels strongly that this would not be in the best interests of our City. Further, it would be a serious detriment to the area by bring additional traffic to an already highly congested intersection that is reaching its traffic maximum. In addition, there are already three such stations a short distance south at the corner of Atlantic & Congress Avenues as well as two others east in the proximity of the United States Post Office. The final effect will be to lower property values and to further denigrate the City of Delray Beach. V~trUIY yours ,)- Lw- Robert Penn ~- ~-.~ President -- \ .-r- . ' ~"I . .;) V' . .' - . - -. --.;. . . . ..... : J ~~... ~\t\'( 14 \~21 " - ., '" ,-f - - . ,... . "-'" 'r\..~' \' I .' . "I