02-12-91 Regular
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - FEBRUARY 12, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments.
However, as a general rule, the order of presentation shall be as
follows: City Staff, comments by the public, Commission discussion
and official action. City Commission meetings are business meetings
and as such, the Commission retains the right to limit discussion on
any issue. In most cases remarks by an individual will be limited to
three minutes or less (10 minutes for group presentations). The Mayor
or presiding officer may adjust the amount of time allocated at
his/her discretion.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter
within the scope of jurisdiction of the Commission under this
section. The Commission may withhold comment or direct the
City Manager to take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item
under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet located on the
right side of the dais. If for some reason you are not able to
complete the sign-in sheet prior to the start of the meeting, you
will not be precluded from addressing the Commission on an
appropriate item. The primary purpose of the sign-in sheet is to
assist staff with record keeping. Therefore, when you come up to
the podium to make your comments, kindly complete the sign-in sheet
if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state, for the record, your name and
address. All comments will be addressed to the Commission as a
body and not to individuals. Any person making impertinent or
slanderous remarks or who becomes boisterous while addressing the
Commission shall be barred from speaking further to the Commission
by the presiding officer, unless permission to continue or again
address the Commission is granted by majority vote of the
Commission members present.
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Agenda
Meeting of 2/12/91
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 January 29, 1991 and
Special Meeting Minutes of January 22, 1991 and February 5, 1991.
6_ Proclamations:
A. Atlantic Lodge #217- Pythian Founders Day- February 19, 1991.
B. Boynton-Delray Lodge #206- Pythian Founders Day- February 19,
1991.
C. Education Expo Week- February 18-24, 1991.
D. PTA Week- February 17-23, 1991.
E. American History Month- February 1991.
F. Variety Club's "Old Newsboy" Day- February 14, 1991.
G. Calling for a First Nonpartisan Election - March 12, 1991.
7. Presentations: None.
8. Consent Agenda:
A. TESTING OF AUTOMATIC TABULATING EQUIPMENT AND CANVASSING BOARD:
Appoint Jackie Winchester, Supervisor of Elections as
the City's representative for the testing of the automatic
tabulating equipment and as an additional member of the City's
Canvassing Board. City Manager recommends approval.
B. CANVASSING OF ABSENTEE BALLOTS: Authorize the Supervisor of
Elections to collect and process absentee ballots for the upcoming
City election. City Manager recommends approval.
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Agenda
Meeting of 2/12/91
C. ACCEPTANCE OF WATER SERVICE AGREEMENT: Accept a water service
agreement from the property owners at 4908 Jefferson Road (Country
CI ub Acres). City Manager recommends approval.
D. ACCEPTANCE OF WATER SERVICE AGREEMENT: Accept a water service
agreement from the property owners at 4855 Jefferson Road (Country
Club Acres) . City Manager recommends approval.
E. ACCEPTANCE OF WATER SERVICE AGREEMENT: Accept a water service
agreement from the property owners at 4957 Jefferson Road (Country
CI ub Acres). City Manager recommends approval.
F. ACCEPTANCE OF WATER SERVICE AGREEMENT: Accept a water service
agreement from the property owners at 4864 Jefferson Road (Country
Club Acres) . City Manager recommends approval.
G. DELETION OF MID-FEDERAL HIGHWAY BEAUTIFICATION PROJECT: Approve
deletion of Mid-Federal Highway from the Comprehensive
Beautification Plan, City Manager recommends approval.
H. REQUEST FOR WAIVER OF RENTAL FEES: Approve a request for
waiver of the rental fee for the use of the large City-owned stage
at a rally in Veterans Park, on February 16th, in support of the
troops serving in the Persian Gulf. City Manager recommends
approval.
I. REQUEST FOR WAIVER OF RENTAL FEES: Approve a request for
waiver of the rental fee for the use of the small City-owned stage
on Linton Boulevard for the Soapbox Derby to be held on February
16th. City Manager recommends approval.
J. TEMPORARY TENT PERMIT: Approve a request from Linton Square,
located on the northeast corner of Linton Boulevard and Congress
Avenue, to erect a tent in their parking lot from February 13th
through 15th for the purpose of holding a promotional Valentine's
Day Concert. City Manager recommends approval.
K. ACCEPTANCE OF GRANT FUNDING: Accept grant funding from the
Florida Inland Navigation District in the amount of $157,500 for
the seawall/marginal dockage project at Veterans' Park. This is a
50/50 matching grant program. City Manager recommends approval.
L. ACCEPTANCE OF GRANT FUNDING: Accept grant funding from the
Clean Florida Commission in the amount of $4,000 for our litter
prevention program. This is a SO/50 matching grant program. City
Manager recommends approval.
M. AUTHORIZATION TO SUBMIT CERTIFICATION OF ELIGIBILITY FOR GRANT
FUNDING: Authorize staff to submit a certification of eligibility
to the Children's Services Council for grant funding to support our
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Agenda
Meeting of 2/12/91
afterschool care program. City Manager recommends approval.
N. AUTHORIZATION TO SUBMIT GRANT APPLICATION AND PRIORITY RANKING:
Authorize staff to submit a grant application to the Florida
Department of Environmental Regulation for matching grant funding
for the Sea Turtle Conservation Program; Snorkle Park feasibility
study; and final design of beach access improvements (listed in
order of priority). City Manager recommends approval.
O. RESOLUTION NO. 11-91: A Resolution assessing costs for
abatement action required to board up an unsafe structure at
227 N.E. 7th Avenue. City Manager recommends approval. City
Manager recommends approval.
P. RESOLUTION NO. 12-91: A Resolution assessing costs for
abatement action required to remove 11 abandoned vehicles on
properties located throughout the City. City Manager recommends
approval.
Q. RESOLUTION NO. 13-91: A Resolution assessing costs for
abatement action required to remove nuisances on 34 properties
throughout the City. City Manager recommends approval.
R. AWARD OF BIDS AND CONTRACTS:
1. Computer Equipment- Environmental Services- Nynex, Inc. , in
the amount of $28,503.15 with funding from Water and Sewer
Equipment Other (Account No. 441-5161-536-60.89) . Account
balance $293,414.74. City Manager recommends approval.
2. Road Construction Material- Environmental Services-
Hardrives, Inc. , in an estimated amount of $25,000 with funding
from Environmental Services Street Maintenance (Account No.
001-3113-541.35.55/59) . Total Account balances $28,700. City
Manager recommends approval.
3. Irrigation System - 200 N.W. 1st Avenue- All Green Lawn
Sprinklers, Inc. (second low bidder) in the amount of $8,999.99
with funding from Water and Sewer Fund Capital Outlay (Account
No. 441-5161-536-60.31). Account balance $34,949.17. City
Manager recommends approval.
4 . Copy and Computer Paper- Annual Contract- Butler Paper
(copy paper) in an estimated annual amount of $17,800 and
Better Business Forms (computer paper) in an estimated annual
amount of $7,800 with funding from various Departmental Budgets
Operating/Office Supplies, City Manager recommends approval.
5. Maintenance Service Agreement-Water Treatment Plant Atomic
Absorption and Gas Chromatograph Units- Perkin Elmer (sole
source) in the amount of $13,905.36 with funding from Water and
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Agenda
Meeting of 2/12/91
Sewer WTP Clarifier Lab (Account No. 441-5162-536-60.76) .
Account balance $13,905.36. City Manager recommends approval.
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting actions and decisions made by the
Planning and Zoning Board, Site Plan Review and Appearance Board
and the Historic Preservation Board during the period of January
28 through February 11 , 1991.
B. APPEAL OF PLANNING AND ZONING BOARD DECISION: Consider an
appeal of a Planning and Zoning Board decision (7-0 vote) denying
the establishment of a Bingo Hall at the Congress Square Shopping
Center located on the southwest corner of Atlantic and Congress
Avenues.
C. APPEAL OF PLANNING AND ZONING BOARD DECISION: (Ordinance
No. 21-91 first reading Item No. 120 should be discussed
immediately following this item). Consider an appeal of a Planning
and Zoning Board decision denying (5 -1 vote/-Currie
dissenting/Parker absent) a rezoning petition for property located
on the north side of the C-15 Canal between Federal Highway and the
Intracoastal Waterway from Planned Residential Development (PRD)
District to Special Activities District ( SAD) .
D. REQUEST FOR RECONSIDERATION OF DENIAL OF WAIVER OF SIDEWALK
REQUIREMENTS-CHURCH OF THE PALMS: Reconsider a previous Commission
decision denying a request from the Church of the Palms for a
waiver of the requirements to install a sidewalk on N.W. 22nd
Street.
E. CONDITIONAL USE APPROVAL: (This item should be discussed
immediately following first reading of Ordinance No. 23-91).
Consider a request for conditional use approval to establish a
commercial passenger loading area and boat ticket sales on the east
side of Palm Square, just south of East Atlantic Avenue. Planning
and Zoning Board recommends approval (6-1 vote) . Historic
Preservation Board recommends denial.
F. WAIVER OF FORMAL BID PROCEDURES AND AWARD OF CONTRACT: Waive
formal bid requirements and approve the emergency award of contract
to O.H. Materials Corporation in the amount of $16,038.20 to
dispose of the solid sodium aluminate and tank at the Water
Treatment Plant with funding from Water and Sewer/Water Treatment
Contract Work not Specified (Account No. 441-5122-536-33.79).
Account balance $19,369.00. City Manager recommends approval.
G. AMENDMENT TO THE GOLF COURSE AGREEMENT: Consider an amendment
to the agreement between the City and Dubin and Associates, Inc.
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Agenda
Meeting of 2/12/91
which reduces the amount of liability insurance from $5 million to
$1 million. City Manager recommends approval.
H. SERVICE AUTHORIZATION NO. 1 : Approve Service Authorization No.
1 to the contract between the City and Coastal Planning &
Engineering for design work of the seawall/marginal dock project at
Veterans' Park in the amount of $26,000 with funding from the
Decade of Excellence Bond Issue/ Veterans' Park Improvements.
Account balance $500,000. City Manager recommends approval.
I. REQUEST FOR PAYMENT: Consider a request from Old School Square
for payment in the amount of $500 to underwrite the Mayors'
Breakfast held on April 11, 1990.
J. BANKER'S ROW PROJECT: Provide direction regarding the
selection of a Consultant for the Banker's Row Project.
K. AUTHORIZATION TO NEGOTIATE CHANGE ORDER: Authorize staff to
negotiate a change order with Old School Square, Inc. for the
installation of an eight-inch water line and two ( 2 ) fire hydrants
before Old School Square, Inc. repaves N.E. 1st Street and N.E.
1st Avenue adjacent to the project. Funding is available in the
1991 Revenue Bond Account. Project costs not to exceed $40,000.
City Manager recommends approval.
L. AUTHORIZATION TO NEGOTIATE CONTRACT: Authorize staff to
negotiate a contract with firms or individuals certified to perform
Value Engineering Services on the Water Treatment Plant necessary
to keep the water treatment on schedule and keep the project cost
effective. Total project cost is $20,000, with no individual
contract exceeding $6,000. Funding is available in 1990 Note
Construction/Engineering Water and Sewer Fund (Account No.
444-5164-536-33.11) . Account balance $1,205,592.36. City Manager
recommends approval.
M. APPOINTMENT TO THE COUNTY-WIDE PLANNING COUNCIL: Place a
name in nomination to serve as the Palm Beach County Municipal
League's large cities representative on County-wide Planning
Council.
N. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint an alternate
member to the Board of Adjustment to a term ending August 31, 1991.
O. CITY ATTORNEY'S EVALUATION AND APPROVAL OF MERIT PAY
ADJUSTMENT: Consider the evaluation of the City Attorney and a
merit pay adjustment.
10. Public Hearings:
A. REQUEST FOR RECONSIDERATION OF DENIAL OF SIGN CODE WAIVER-
ABBEY DELRAY: Reconsider previous Commission action denying a
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Agenda
Meeting of 2/12/91
request from Abbey Delray for waiver of the Sign Code to permit an
additional entrance sign at the corner of South Congress Avenue and
Lowson Boulevard.
B. REQUEST FOR WAIVER OF THE SIGN CODE- O.C. TAYLOR: Consider a
request from O.C. Taylor for waiver of the Sign Code to permit an
additional free standing sign on N.E. 6th Avenue. Site Plan Review
and Appearance Board recommends denial.
C. ORDINANCE NO. 7-91 : An Ordinance annexing to the City of
Delray Beach land lying and being in Section 14, Township 46 South,
Range 42 East, Palm Beach County, Florida, effective March 1, 1991.
This annexation is commonly referred to as West Atlantic Avenue
Annexation #3.
D. ORDINANCE NO. 9-91 : An Ordinance amending the Land
Development Regulations, by enacting a new sub-section "Trucks", to
provide for restrictions on truck parking in the Residential (R-1A)
Zoning Districts.
E. ORDINANCE NO. 10-91: An Ordinance amending Section 118.27
"Fees" of the Code of Ordinances by repealing Subsections (A) and
(C) in their entiretYi and by designating the remaining
subsections in proper alphabetical order, to provide for the
elimination of application fees for charitable organizations.
F. ORDINANCE NO. 11-91: An Ordinance amending the Code of
Ordinances by amending Title 3 to provide that the publication of
the terms and conditions of purchase of property shall not be
necessary in the event the City has authorized the use of its
eminent domain powers.
11- Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A. ORDINANCE NO. 23-91 : An Ordinance rezoning vacant property
located on the east side of Palm Square, just south of East
Atlantic Avenue from Residential (RM) Zone District to Community
Facilities (CF) Zone District in order to accommodate parking for
commercial uses. Planning and Zoning Board recommends approval
(7 -0 vote). If passed public hearing February 26th.
B. ORDINANCE NO. 8-91: An Ordinance amending the Code of
Ordinances to provide that the definition of "Non-assessed
Property" shall include tax-exempt property owned by religious
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Agenda
Meeting of 2/12/91
organizationsj to provide for a discount for properties located
within the Lake Worth Drainage District and those properties
serviced by private street drainage systems where the City does not
provide maintenancej to provide for an adjustment for
non-residential properties not located within the Lake Worth
Drainage District with private drainage systems on site. If passed
public hearing February 26th.
C. ORDINANCE NO. 12-91: An Ordinance amending the Land
Development Regulations to provide for additional structures which
are allowed in setback area s i to provide for an extension of
screened enclosures,in zero lot line developments, into the
interior side setback; and to provide for reduction of the front
building setback when at least 50% of the frontage of a lot is
located on a cul-de-sac. Planning and Zoning Board recommends
approval (7-0 vote). If passed public hearing February 26th.
D. ORDINANCE NO. 13-91: An Ordinance amending the Land
Development Regulations to provide for an exception for the
encroachment of pool enclosures into the setback areas. Planning
and Zoning Board recommends approval (7 -0 vote). If passed public
hearing February 26th.
E. ORDINANCE NO. 14-91: An Ordinance amending the Land
Development Regulations by repealing the restriction on Veterinary
clinics in the General Commercial Zone District and Central
Business Districts and enacting new subsections to allow Veterinary
Clinics as a conditional use in those zoning districts. Planning
and Zoning Board recommends approval (7-0 vote). If passed public
hearing February 26th.
F. ORDINANCE NO. 15-91: An Ordinance amending the Land
Development Regulations to provide for the notification that
approval for the Isle of Delray Special Activities District (SAD)
has expiredj and to provide for inclusion of Tutor Time Plaza as
an approved SAD. Planning and Zoning Board recommends approval
(7-0 vote). If passed public hearing February 26th.
G. ORDINANCE NO. 16-91: An Ordinance amending the Land
Development Regulations to provide for a limitation of one real
estate sign per lotj to provide for information requirements on
gasoline signs such as price per gallon, type of fuel, octane
rating, and directional information such as self-service; to
provide for the prohibition of wall signs projecting more than
eight (8 ) inches from the wall upon which it is mounted; and to
correct the date in the heading of subsection 4.6.7.(H)(2) from
December 8, 1985 to December 18, 1985. Planning and Zoning Board
recommends approval (7-0 vote). If passed public hearing February
26th.
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Agenda
Meeting of 2/12/91
H. ORDINANCE NO. 17-91: An Ordinance amending the Land
Development Regulations to provide for the proper screening of
industrial uses from adjacent residential uses. Planning and
Zoning Board recommends approval (7-0 vote) . If passed public
hearing february 26th.
r. ORDINANCE NO. 18-91: An Ordinance amending the Land
Development Regulations to provide for the extension of canopies,
marquees I and covered walkways into the public right-of-way with
approval from the City Commission. Planning and Zoning Board
recommends approval (7-0 vote). If passed public hearing February
26th.
J. ORDINANCE NO. 19-91: An Ordinance amending the Land
Development Regulations by deleting the term "signals" from
subsection 4.6.9(D)(6)(d) and replacing it with "signs and
markings" to provide that all signs and markings relating to
off-street parking shall comply with M.U.T.C.D. criteria. Planning
and Zoning Board recommends approval (7-0 vote). If passed public
hearing February 26th.
K. ORDINANCE NO. 20-91: An Ordinance amending the Land
Development Regulations to change the heading of subsection
2.4.3(K)(2) from "Permit Fees" to "Plan Check Fees" and enacting a
new subsection (g) "Signs and Signing" to provide for fees for
processing sign permit applications. Planning and Zoning Board
recommends approval (7-0 vote). If passed public hearing February
26th.
L. ORDINANCE NO. 21-91: An Ordinance amending the Land
Development Regulations by deleting a reference to a section of the
Land Development Regulations contained in paragraph 7.1.3 (A)(2)i
and by repealing paragraph 7.1.3 (A)(3). Planning and Zoning
Board recommends approval (7-0 vote) . If passed public hearing
February 26th.
M. ORDINANCE NO. 22-91: An Ordinance placing a historic
designation on the Colony Hotel Buildings and placing them on the
Local Register of Historic Places. Historic Preservation Board
recommends approval. If passed public hearing February 26th.
N. ORDINANCE NO. 24-91: An Ordinance rezoning property bounded by
the Federal Highway pairs and S.E. 9th and 10th Streets (vacant
Wallace Dealership) from Automotive Commercial (AC) Zone District
to General Commercial (GC) Zone District in order to accommodate
proposed automobile uses at the north end of the property and a
restaurant and retail uses on the south end of the property.
Planning and Zoning Board recommends approval (7-0 vote). If
passed public hearing February 26th.
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Agenda
Meeting of 2/12/91
O. ORDINANCE NO. 25-91: An Ordinance correcting the Zoning
Classification on the Zoning District Map for a parcel of land in
Del-Raton Park from Automotive Commercial (AC) Zone District to
General Commercial .(GC) Zone District. If passed public hearing
February 26th.
P. ORDINANCE NO. 26-91: An Ordinance correcting the Zoning
Classification on the Zoning District Map for property located on
the southeast corner of Military Trail and Atlantic Avenue (gas
station) from Planned Commercial (PC) Zone District to General
Commercial (GC) Zone District. If passed public hearing February
26th.
Q. ORDINANCE NO. 27-91: An Ordinance rezoning property located
on the north side of the C-15 Canal between Federal Highway and the
Intracoastal Waterway from Planned Residential District (PRD) to
Specialized Activities District ( SAD) . Planning and Zoning Board
recommends denial (5-1 vote- Currie dissenting/Parker absent). If
passed public hearing continued indefinitely.
R, ORDINANCE NO. 28-91: An Ordinance amending the Code of
Ordinances to provide for an exception to permit the consumption
and sale of alcoholic beverages on the Delray Beach Elementary
School property at events sponsored or sanctioned by Old School
Square. If passed public hearing February 26th.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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,,~V Knights of Pythias ~ .~
Atlantic Lodge tt 21J11j1; 5
V
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Jan. 12th. 1991
Honorable Mayor Thomas Lynch,
The time has come once again
for the Knights of .t'ythias to celebrate Knights of .Pythias
Founder's Day. which will be FEB. 19th 1991. It will be our
one hundred and t.,venty-seventh Anniversary. As YDU know the
Knights of .2ythias WclS the first Fraternal Organization to
be Chartered b~ an act of the Congress of th8 Unj t',~ .:jL,tes.
'-~l!e cardinal princi~a1s of our Organization was built on
Friendship, Charity, Ecnd Benevolence, which V'ie still lJrcJ,Ct ic e.
As I am the J?ublic Relations Chairman for the K!::ligl~ts of
2ythias two Lodges in the City of Delray Beach,ATLANTIC LODGE
;'1217 Arm BOY"TTON-DEJ.JRAY 3 206, would you be so kind as to
:1ake~two J.-'roclamations, one addressed to each lodge, so at
our Founder's Day Celebration, I can present these i)roc1a-
nations to each Lodge. Thanking you in adv::.mce arid wishing
you a H2ALTPY AND A SUCCESSFUL YEAR, I RKTAIN,
FRATERNALLY YOURS,
Hj tJ~
HARRY NILSOTT
iATERFOHD C 51
Delray Beci,ch, Fl. 33446
499-8361
P,S'Could you make the ?resentation to me at the eeting
at City Hall on Feb.12th or Feb. 19th ?Hoping to hear from
you SDon.
~
I
I
AMERICAN HISIYJRY MCNrn" ffiOCIAMATICN
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WHEREAS : The National Society Dcmghter3 of the American Revolution
sponsors February as American History Month each year: and
WHEREAS : To stimulate a knowledge in both young and old and a sense
of pride in our Nation's great achievements and dedication
to liberty: and
WHEREAS : To stress pride in the United States of America through
commmity services in educational programs, essay contests
and historic tours: and
WHEREAS : Through the study of American History are we made aware of
the importance of Freedom, Equality, Justice and Humanity
in all our lives today; and
WHEREAS : The importance of remembering American History should be
duly noted,
NON, THEREFORE, I, by virtue of
the authority vested in me as (Governor or Mayor) of the
(State or City) of do hereby
proclaim the month of February, , to be
AMERICAN HISTORY MJNTIl in and urge all
residents to join with me
this month in recognizing the importance of American
History in our lives.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this day of February
.
(SEAL)
Signature
9/90
,
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1(}~~
JONATHAN DICKINSON CHAPTER
DAUGHTERS OF THE AMERICAN REVOLUTION
3 - 042 - FL DELRAV BlEACH, FLORIDA 33...
2~ January 1991
Hon. Thomas E. Lynch, l.Vlayor JNI 2 5 91
City of Delray Beach Florida CITY COM~,,'liSSiO,J
100 N.W. 1st Avenue
Delray Beacn, FL 3 )444 'Ii"
"<.
- ""....
Dear Wayor Lyncn:
Each year Slnce 1952 our Soclety has promoted the observance
of' February as AiVlERICAN HISTURY lV!UN'l'H. The maln objectives
are to help preserve our freedom by stimulating a deeper under-
standing of American History and to encourage the study of
American Histury in all grades of public, private, ana pa-
rochial schools, and eacn year conducts an Amerlcan nistory
Essay Contest for 5th, 6tn, 7th, and l;th grades in all local
schools.
We hope that you will see fit to issue a Proclamation to the
citlzens of' Delray Beach designating ?ebruary as American
history Month.
A sample proclamation is enclosed should you wish to use it
as a guide.
We would like to have a representative of our Chapter meet
with you at th~ time the proclamation is ready. My phone
number is 27~-8912.
Thank you so very much for your consideratlon.
Sincerely,
~~~
Carlotta S. Franklin,
Regent
Icsf
Encl: Sample proclamation
cc: File
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'(4 '-;0 QLLlCJ?0I~
. A~eRO-.
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JNI t 4 91
;' ''( c~
OF THE PALM BEACHES
January 10,1991
1l0:\'ORARY CIlAIR:\IE:\' Mayor Thomas E. Lynch
Douglas Fairhanks. .Ir.
Senator George "'urphy City of Delray Beach
:-.iat Taylor 100 N.W. First Avenue
CHIEF BARKER Delray Beach, FL 33444
(/'residelll)
Irving Shapiro Dear Mayor Lynch:
BOARD CIL\IR:\IE:\' As Executive Director of the Association for Retarded Citizens,
Howard (;, "Iinsk~'
"lorton Sunshine whose mentally retarded children benefit greatly from Variety
ASST, CHIEF BARKERS Club support, I respectfully request that the City of Delray
(\ 'ice./'reside illS) Beach proclaim Thursday, February 14, 1991, as Variety Club1s
Paul G, Bennett Old Newsboy's Day. On that day, Variety Club of the Palm
.lad, Fleiseher Beaches will be conducting a drive modeled after a time-honored
Ira "Ieinhardt
William B, Sandler Variety Club Old Newsboy Day held in Philadelphia, Atlanta
DO[1<i1l <il"\' and other major cities.
(1'n!({Sllrer'J Variety Club is known internationally as liThe Children's
Arlene Baskin
PROPERTY :\IASTER Charity" because of its origin in 1927 in Pittsburgh when
(8ecre((lr)') an abandoned baby was left in a dark theater and a group
Edith Boltc Kutz of people gathered together to help with that baby, and,
CREW subsenquently, other disabled or disadvantaged children.
(Ho({rd (!t' /JireClors) Today, there are 72 chapters throughout the United States
,\rlcne Baskin including, happily, a new chapter here in the Palm Beaches.
"lartin Ikek
Paul C, Bennett The local Variety Club has already given utmost support to
I{hoda Bresler
"Iiehad Clwkeres ARC, The Boys and Girls Club, The Children's Place and Connor's
Don \\'. Chester Nursery and St. Mary's Neo-Natal Clinic.
Stanford A, Cohan
Dorm Colee
Lillian 1', E"ans I look forward to your approving this proclamation.
.Iaek Fleiseher
Harold (;ray Thank you.
I{iehard Ilalpern
Sidney Kramer
David S, Kunian Sincerely,
Edith Bolte Kutz
I ra "lei n hanlt
Howard (;. "Iinsky
William B, Sandler
Irving Shapiro oyce W. Laird
I{iehard Shea
!\aomi Spiegel Executive Director, ARC
.lames "I. Stoneman
"'orton Sunshine JWL/nj
Pat S\\'L'l'IlC~'
Fred Tomeo
Abraham Yarehin
VARIETY CLUB OF THE PALM BEACHES, TE:\'T 65
JJ9K Royal Poinciana Plaza
Palm Beach, FL JJ4HO
Phone: (407) S.1.1-S.109
.
- The Philadelphia Inquiler 4
Abandoned baby
inspired a club
to good worl{s
1!.11~~,\1.;,':_:",
; ll~'f~"~ nu tHl~ln~')~ ilko.: )tlU"''' The Variely Club /lUW
~:;'1nCss:' 1he Ir'Hl~ Ikrlln sunK
, .,' Thai"s nll' I(,ka hdllnd lhc Ill'> has 66 chapters
,~. vI th~' \.Hldy Club
r-nu...n "ld.:l,' as one of 111(' most around the u-orld that
_,.:t,',,: nnd large51 chlldren's ch~r1
<2'> In the .....orld.lhe \"J.f1c1yCluh IS together raise $20
.;:: 1:,lern.,lIur.alch"nli1blcorganlza.
'"f, .....lIn 66 chaplers thaI collccll\"('- million a year far
r,:lI:>e ~,orc Ih.:Jn 5~O million dell-
,;',);J )ear lor llllndlcilppt'dcblldr.:n
Ih.: \"ilflClj' Club In Ihe PllIl..Jcl. handicapped children,
:-,1,1.;1 .:HC.J IS bc.'SI kliown ror sponWT'
,'1'; a SUffir.lUCllmp for lli1ndll:i1p!..:-d
,:..;rl"II,;"';llIlllJilll,'klll<ln_n,...dl I""':';" ,...tl"'II;..k;<l 1,-'''111<11111",(
'~lI[~u...i II"'I'I'II"-''>~ Lu,llLlll 01 I h~ . rtc"""" lrulll ~h"..' t>.,,'llc'~~ .i.\ tile'
""Iulrer fur 010 :-..........sblly'>. IJ.J) .1<111 ~t........ III Stle "I;..! :.<:1.11..... 111;'1
I: I~ u slOty Lhill bq:OI11 lTIore tll.Jn r.'sltlt.;uun w,,~ drorp.;~ ilnd OIn~"Jn...'
-.() ....ars ..go ....llh all cll.ample of 'he ....1\11 th....dcsuc to I'.!;' chLIJr<:n ....as
",ncroslly of CnlCrlilinc~ ...'clcome
Ihe \'..rll'f~ ClulI I:ot 1151lam;: frllm ^11HS' thcdub ~IJ smi,lllllllnt~\-
,;:nlllp 01 Ill'Hlo;burgll Itll'81l'f J't'(J. hc1Vlng a lamlt)' here. 1"")'111&' ho~
;):~ .Jnd men of "Ihe i1ffiUSCffienl pllal bIll there. Soon. ho....'c\.er. 11
..urid" The) had formcd a SlXl"! cll.p:lndC'll il5 .CIL~lllc~ - for Clilm.
:I;.JI) 10 plar C.icrds i1nd hil\'e pilTtles pIc, II cSI..bhshClJ i milk lund for
i"llclr p.lrlll.-S hOld 1l1C i1lmosphcT4.' of Ul1defj1fn'llei:l'd chIldren. a renHlSo-
J '<lrnl\al ....Ith full-512cd cir(us SISI,-IrlCC rrognm for '....SlIIole Lam.
~n.IS. sll.h:~lIull.'s. musl,}clll\lC'd Clf' 1111.'5. and ~gilll the fr:l.lnllll' Para))',
'~,>.bar"c~5 and bags of to.lstcd pca. SIS l)rl\'c whICh !a:er becOlmc lhe
lUIS .\lolrch tlf Ulm('s
II ....1SJuSl bdore IhC' grou.p's rlrsl r\II(;(WorlllW~rll.l:l\:clubI:SI"b-
'l:rL,;m.1~ boanqucl Ihal an ..boln. l1~h..'d .. sport and sl~d)' centcr In
J0~.~-..:! child ....."5 10 redlrecl the mlS' West PhIladelphia. Th:s later became
'"':1 of lr,ls show.business club Ihe Police Alhlo:llC Lc"ilue
r~~. s~cr.... occurcll on the cold
"~:Slm.::.s he or ,"'1,_ John 0.11..0' Fueu::; UII handicapped
\. ~_ m.1n.1~cr of Ihe Sherllbn ~uare
. ',,'.,I,'r ,n PIU..buq:,h. ",'a.. Incklllg In IQ~. 'h..' \'afll:l\ Club lucu....-d
I' II,~' It"...It:r lur the Il.~hl. ,\s h.' lh ..ll....l\lt,>n "II ChOlf:l...l:lh: """r~ fur
. ~;~ nJ l!lruu1!;h Ill... u..rk th.....ler. h;onuh:OIl'l'ed chlhlH'n FltSI. II
'\~'':~ll1g Ihe seals fOf 10S1 Irtu:ks .'I....n...,J ,} 7l).<a<:re summ...r camp lur
" ::('..rd .l cry OInu Cllllll' upon a "..nJlcappcd chlldrl'n fl\:OIf WVfCCS'
.,:,tI} '1,;0,1 IOlhl' bilb)" l/o'ilSi pap..'r 1,,'r. Munlt:omcry (our,"_ In ol lund.
'....:~...,;...' ""lIh r,ve clean JlJpcrs OInc.l ralsm, ("....n1 for the "Imp, hanll
;10:l' Thc nOle s""j ~Inillr.. mOld... an Ip!"'-'aran(c ..nd
PI;:.;:u Icl:;t cort of m)' oob)' H,:r r...'.........l S1!i.OOO Ne:..1. \tH' "iltI"'l) Club
u;mt iJi (Olhtrinc_ I can 110 longer (tCilIN .. dlfC'CI ilC pro&rolm for
cl(;,:-carco/hu_'howelgll.olflcrJi !lOlndlcolppC'd duldrcn
.11' husba'ld is oul of work_ Sht: \L'GS In 19S8. f)hiladelphtOl had ib ftrSl
'tJr!l on ThonksrivlIIc 00)'. , halle Old Ne""sbOy1o' Dly_ The Ide. ....1.$
j~ays htard of Iht coodncJi$ 0' rt'o plclwd up from ^l1anla ....hl'r(: bust.
,It II' ShOW busintJi$, Gna I pra)' 10 I1\'SSffil!n ",.oula I.ke 10 lhe Jolrl'CLS In
;0<1 )'01,1 wdl look cuI for hcr. colodul circus OU1!lIS 10 sell . S(.lC-
A Htarfbrokcn Molht'f CIa! prlnled ealllon of Ihe Atlanll
1I01.l1cy look the child \0 lbe o....ner (I,Inll11IUllon.
! the thealer. John II. lIurls, '-hO In Philadclphl.. Old Nc~bol's'
....~ .,Iw prC$ldetll of the CnlCrl.lln. lJ..t 110.. culorrullr~lllun ....llh ~ol.
.~ club Thc Inflnl wos pllCcd In a unll"CfS Irom 1111 "'alh vf lill' \'olun-
,,,me for foundlinGs unll1 Ihe \'1It1- l........rs Include membc~ 01 the VollCC
'r Club members dCCldClllhel Ihl'Y ..nd FIn.' Uer-rlmenlS-.llport5 fllurcs.
l,,)ula adopl the child and und....,. t"..:..1 cnlertalllcn and local ratJlu
<rile her supporl .nd education ""d telc"'lslon pcrwonallllc:l_ Ntn)'
I...v ..._1 .....r r..'h..r..... V.rt..." ........r...............r"..~.........Jtu,\t"'...'.....
'h.'floJon _lor IhccluhantJ10t III... I'h'l~ and cold II'ronl and la~' ~""IH
')"'.,'~'r (..th,'rlll(" fCIll;''''nl III Ill. II.. ,. r;Il'>C.'d I""fl' '''..l. !oI/lJ<I.!~~1 ,..tl
1:..,..1,.. /lom..' I..r h,uI.JI""I:\ ll.t ~I" IILI: Ihh ~1...'C,:.1 lI..rl"'C('\\ I <JI'I"n
t.'..':..'rl""s ,~....I I'>"t Ilt-"c'r'hk"l: Ii: I~ ,II,' \'~rod\ \ lull tk'O:~" II>
,(lllll..llc'kllo"" W,II: f\'l-:olltl..,.r",,,
:.,": Tl1~llher ""O:.lld ....~t~'T'L (all fr<Jffi (dcbf!l~_ "Ionly 11.;011 .1(lIog as huSI
;'~' l.clcphonco;. 1.... a'Old beIng JnJ as \itlC'I)-S p..:tm;l:lCnl mt,'rna.
':Ke~. ,}nd ct,cc~ O~ her child's I:"nill :h:urrn;>.n. :"e (\-enl r;II"l'd
;.".o.:r.;\\ In Ih. ~1T'.;.II.t.,wn ;>.ltI"". ~:\j r:"ll;l,un l;>.!>l ),..r I", Ih... (i,,1'>
;".~'rl' v! nl~' l';Jrl~Jv~. c'\'~'rytlll!l~
:..1 "Ilk t"U"'IO:'l ":I..! .Hlt,,,'kd :';(Iurch lur CatJuTim'
.,T'~'~11Ur. ~c'''''~''oll",I' Jt~" t>rou~hl I'ur It:.' Ihe ~Ih .1t1nl'~"~.'n ,,1,"~'
,"- "'",n I" nil' ,....".,:, Club ;., tl
',c;':'.,h,J :~\ ~:I..r:., '" :"'1., u"i~'r '. .,flc!> (lub III I........ 'I"I.I} li...it ,.r\<J
, ~ , , I ...: r \. 1: \1..n'>.U!l,hlnl'lfln::,.j''':..le(ollh.-r
I~.~L~. llll' flnl I'f~,,~,'r.l of Itl.' It',,- \ ",~Io:l)' S~,"'fl~~n They r;tn Ull
\ ,!C'. ') rllltl ......, fur "Ltn\ )ear~ ltll' ;I~,lll1\1 the .......II.lln\!"n la(l Iholllhe
.r",~,.,,'r "I 'Ill' f(, Cq'~J('~ allJ h.' n...m. u! lhe l..mll~ l:',ll h.ld a<Jnl"l'u
. ,,,, ,:_1,. P".llcf\ " ."~' :I:l' '''L.-, '" f "." ~ ....'!.;r\-~ 1t:0I1 J..::II II Il..H'~
I,... I,~,. .... ~1!,,'rlll.. III ....~~r,....: :r.lu il,,> ,,~~,~
HI ~:~t.: th..L he Ilul SL.:nshln..'_.1 lvrm(t ft"uc'rJI In.
.:\... .....'s.;el<lr.;,; I.. ..Jvj': OIdlL:<J ,,'Il<;~:-.'. dust,'J v:l hiS ol~ )~Ijl~
'lr.. !lOIrrlS ~ "C',", lI,e. .":.:litlli 01 !he "",J 'el O\jl 10 fln,J 'he duld
lio~'I',. ..r.<.l .. hCIl tl., C:il"~ ~n(l..i1""<.!':l! \1 l~~ Los ^nbc:~s =o.."e~IIVn Ihal
~., :I";,,~'~ ...h\rl';':'>',~~, '::('1.1 ",111 ~.c~r J"~n R(,I:hc~ \Irlllc. orbln~l:y
l.J~ h,'~:ae \'UICI) St:o:rlu..n, an<J hd
l'urid!J Club 0"(11[,0; '.):nlly ..ere InHoduco:d 10 an ,)~!Oll'
,:LCU OI":~lenCl'
'.~...> ul C..ltldln. ~I,u II:e .h..rll) Durn;.; Ihe lilSl 10 ~cars, the \-~tl-
~'\ (Iu:'l,> ICClItnptl>llml'nls InclthJc
I '~l' \ "'fll'ly (Iuh '1'1,Ju lhruu.:h "'1, i1nrooil gull lvurn.olmt'nl ;.on<J ol
'L':~t>ur~h. lhe ~h{j'... OL.:SI:J""S woril.! L.Jsh for Kids" c(ll,:;"On program
,~..: \. 'c nlUall~' I he r~ '1 , ' If)" Cll:.! tl '.i1f:':I. h;,.s ..1\0 .:.'r:lrlt>YI~l.! 10 tI,e
l.r;.:ai ch..pt\'1, l.nu....1! <IS \'...ra.:':, Club,\I.ml' lI.Jil PctJlaHIC
'~.:.I>' 1101:1 Ill.; 1;'1l~"'",,;c' ..1 CH, U,> llLl .If ll.1hnl'm.Jr.n l'nl>crsll~' Ilos.
\..~ll'~> ..nu !t'e It,r,-(-fl:'t; "'(lfl,1 I <, .~t. 11'_: tl'hah'!Il;lr"ln "'.In;; (If (hit
'.1,' : ':JI'~nj II, \1 1...."" IJ...-l r, " , ..:' ,". 1 t" .~;"I..I "o;J I':..' ",'",,;,T..I l:1
II"rl, ,\('." .'. c' c ..r,. "r' ',' ~ . .' ,r~ 11 :.: \'."
.J.J t; '-.';Jl II 1 II... I to , :' J I, r .JcI I ~ I .. \L":'(JI (.:fller
..: , ~ [t L c' 11'l ' . I: rl..' ':"~ .' ,~,,: c.l '.' n "1' IlIn~'r rr".,:r..r", Ir,'luJc a ~d"'!.,f
1'1 ,':'l,n"lil " .>:,..,.:,<1 'I" I'f' ,;"..m nl.J: ~ll"lj'\ \I"J, ,,1\
I...., I' Icnl I~ t:1,ln;),~'I.", InJl'Il(..n<J. 'A: 'L : r" .:,,~1\ ..1 : .,,'1" l'<J'., "I ".',
J,~": a ;''::lIcnl c.Jre ,f..:,:r.:tm Itl'!;! I'f":.>-
.. 1..ChG",;'''l1,'1 il,'"..ulu!',J > :..;c... m"'ul(IO.'~. '" ~.,:'cl.:haHs .JIIJ
;>.., "': .J rI J '~,''':hh-\ I.. ,... ~ ..,...1 1Il'""',. .,',...kro; .:('mmunlc'~II"n ,'qu'rlllc'''l
"" :;>..' JL_,trll'ulnl l.,,~,:> '", d1Ll.:r,'n
! ~'c' 1'ldolJdl'tlLa n:~i.l.-r 01 l~l..' ",,1" ~Cfelh;;n6(lo1m,,':nl:ll'f)_ \'.Jrl
.J"l'l) (Iu!'> fellll \ ...;,-l,,,"u,k(l ,n ll\ Ct,,!'o IS look,1I1( :" Ihe IUlutl' ,l,
~ I~ (1, .. O:'OLlI' ..I ! :11'1 J.\lnbul'.r, ,"'Ll1m,!:c,"" ......~ lur'T:~-d In 19'1i to
..: It,,';,tc r """II~ r\ : to,. ..;ruup l'c' ,,::r.Jd ".ung,'r tll,'IT',t>..'r~ Th,' ':,,::1.
-,' .. :l~. ;>bo..,ul IrJO ":",,'~""'c'n In ,1\ .. ",.,: .q~,.rs Ih'''' rr.cm~'r"i1.:h...tI"
~~.:....~rlc'r~ ,n., tlt""l":"",':>l IVIII lu \.1( I.J' Il>: al .:' ,':I:S l.)r ~l nt;lc-s
11':..f,l_oow ~lu;;rl' 1...1.':, tia~ clul:> ~.,!:,I~' d"'f1g somt;'thlr_. lur !he I..rt:""
""'n~ III 1"~' IId:,",,,~, ~;Ir,llh...l
.1:"" II "'111,'11"",) '"r I"....fly III r"c"u.tlllt: i"uno;,'r ml'mh..'r\.
.~~, it L\ flU'" 1.....;.'..J I'. II... \Lor \.,.,<.:l~ \-iubu rO:lurn,nt: Iv Ih r..""
.".11..1.1 '. ,""..r'ntng It". h,.,....;at'l Iml",I..,. '"
"" ,_ ..;,( I,' ,c"." m, ",t>..'r~I,,:. ,I.:. ",r_d cr.l,'r::>I:1 ,,:1.. 11.,' I.u
~_ ';,c \ ,"I"I} Clu:J ".J' II:n'I....J I.. 1r'l',;'u1'>C 10 Ill'l;> ulhd~
-------------------------------------,
You can help a child I
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,
"'.,.'./":.01 lor rl'l.' f1,lpp'rt's~ ~-d:r'\..'"1 tJe;;cnJs ~.,:_ 't:!'I tl'l ,
,~':/I ,;L"'L'fO:>lly CQllfflbl/lllJIl - 'Ll Ir',IUr!f flOW S,".l,) - ,~.II ,
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,'." ~':, I,',~'/,','~'!;; I~~ .; r. I,> of .J h,w, ""':.:,;" ::~,.~ ~';"E11~.~:,~~I',~~ :.'.'~'. ,:~~:~:1 ,
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I
MEMORANDUM
TO: MAYOR AND ~OMMISSIONERS
FROM: CITY MANAG ~~~
SUBJECT: AGENDA ITEM it ~ c., - MEETING OF FEBRUARY 12, 1991
ACCEPTANCE OF WATER SERVICE AGREEMENTS
DATE: February 5, 1991
We have received four executed water service agreement from the owners
of property at ,4855 Jefferson Road, 4908 Jefferson Road, 4864
Jefferson Road and 4957 Jefferson Road in the Second Addition to
Country Club Acres subdivision located on the east side of Military
Trail, just south of Atlantic Avenue. These water service agreements
are necessary as a part of the extension of a water main into this
area and subsequent receipt of City water service.
Recommend acceptance of four water service agreements from property
owners at 4855 Jefferson Road, 4908 Jefferson Road, 4864 Jefferson
Road and 4957 Jefferson Road in the Second Addition to Cotm~' Club
Acres subdivision.
I
-
~ .. LiC(o<z JE-CfEeson fCAD
AGREEMENT FOR WATER SERVICE
, t ~ kh' ,../1 d f ;' , , 19 . /
Th~s agreemen , m e on ~s..!.:....-<: a~t . '-I ,-/: , ---"-,
by and between -f,en .'~ arp('l .J. esser ,
hereinafter called the CUSTOMER, and the CITY OF DELRAY BEACH, a
municipal corporation of the State of Florida, hereinafter called
the CITY.
WITNESSETH, that the CUSTOMER, his heirs and assigns, for and
in consideration of the privilege of receiving water service from
the Municipal Water System, agrees to the following:
1. The CUSTOMER agrees to pay all costs of engineering,
materials, labor, supervision, inspection, testing in order to
install the total length of extension necessary, in the professional
opinion of the Director of Public Utilities, to provide service to
the CUSTOMER'S premises. The CUSTOMER shall be responsible for the
installation and conformance with all applicable codes, rules,
standards and regulations of all service lines, and connections on
the CUSTOMER'S premises. The CITY shall have the option to perform
the necessary work or the CITY may have such work performed by
outside forces in which case the CUSTOMER shall pay in advance all
estimated costs thereof. In the event the CITY has such work
performed, the CUSTOMER shall remit such advance funds and any
additional funds as may be necessary to pay for the actual completed
project for the extension of services.
2. Any main extension made under this agreement shall be used
only by the CUSTOMER, unless permission is granted by the CITY for
other party or parties to' so connect. If the CITY requires upsizing
or increased capacity beyond what is determined to be adequate by
the Director of Public Utilities in size and/or capacity, a pro-rata
refund will be made directly to the CUSTOMER by the CITY to
compensate these additional costs. The CITY may also require
alternative bids to document the increased sizes or capacity to
establish these cost differences. The CUSTOMER acknowledges that
its right to receive any refund pursuant to this paragraph is
subordinate to any and all requirements concerning the City's
outstanding water and sewer revenue bonds.
3. Title to all mains, extensions and other facilities
extending from the CITY water distribution system to and including
the meter to service the CUSTOMER shall be vested to the CITY
exclusively.
4. The CUSTOMER agrees to pay all charges, deposits, and
rates for service and equipment in connection with water service
outside the CITY limits applicable under CITY'S ordinances and rate
schedules which are now applicable or as may be changed from time to
time.
5. Any rights-of-way or easements necessary shall be provided
by the CUSTOMER.
6. It is understood by the CUSTOMER, and shall be binding
upon the CUSTOMER, his transferees, grantees, heirs, successors and
assigns, that all water to be furnished, supplied, and sold under
this agreement is made available from a surplus. If a surplus does
not exist at the time of CUSTOMER'S actual request for commencement
of service, as determined by the CITY'S Public Utilities Director,
then the CITY without liability may refuse to initiate service to
the subject premises.
7. The CUSTOMER further agrees in consideration of the
privilege of receiving water service from said CITY, that the
execution of this agreement is considered a voluntary petition for
annexation pursuant to Section 171.044 of the Florida Statutes or
any successor or amendment thereto.
Rev. 10/27/87
.
.
Furthermore should any other general law, special act, or local law
~ ", be enacted ~hich provides for voluntary or consensual annexation,
this agreement shall also be considered a petition and request for
annexation under such other laws. The premises shall be subject to
annexation at the option of the CITY at any time they are eligible
under anyone or more of the above-referenced laws concerning
annexation. The legal description of the subject premises is as
follows:
r(,)Ur1~rv CJuUcre::,
~ t{Q. fJ.~!a I I:- I all
E VL o\' Lot 72 + Lu+ 73
The CUSTOMER acknowledges that this covenant for annexation is
intended to be and is hereby made a covenant running with the land
hereinabove described. That this agreement is to be recorded in the
public records of Palm Beach County, Florida, and that the CUSTOMER
and all subsequent transferees, grantees, heirs, successors and
assigns of CUSTOMER shall be bound by this annexation agreement.
8. It is hereby agreed that the CITY shall have no liability
for the termination of water service to the premises, if the City
Commission shall determine that it is appropriate to protect the
public health, safety and welfare of the property or inhabitants in
the City of Delray Beach, so long as the premises remain outside of
the CITY limits. In the event the City Commission makes such a
determination, the CITY' shall be and is hereby authorized to
discontinue water service to the premises upon ninety (90) days
notice given by the CITY.
In the event that the City Commission of the CITY determines that it
is necessary to permanently discontinue water service to the above
property, then the CITY shall execute a recordable release of this
annexation agreement which shall be recorded at the expense of the
CUSTOHER.
9. In addition to the limitation of the CITY'S liability
under paragraph 8 above, it is agreed the CITY shall have no
liability in the event there is a reduction, impairment or
termination in water service to be provided under this agreement due
to any prohibitions, restrictions, limitations or requirements of
local, regional, state or federal agencies or other agencies having
jurisdiction over such matters. Also, the CITY shall have no
liability in the event there is a reduction, impairment or
termination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, earthquakes, other causalities or other
circumstances beyond the CITY'S reasonable control.
10. The CUSTOHER hereby agrees to indemnify, defend and hold
harmless the City of Delray Beach, Florida, its Hayor, members of
City Commission, officers, employees, and agents (both in their
individual and official capacities) from and against all claims,
damages, lawsuits and expenses, including reasonable attorneys' fees
(whether or not incurred on appeal or in connection with
post-judgment collection) and costs arising out of or resulting from
the CUSTOHER'S obligations under or performance pursuant to this
agreement.
. 11. No prior or present agreements or representations shall be
binding upon any of the parties hereto unless incorporated in this
agreement. No modification or change in this agreement shall be
valid or binding upon the parties unless in writing executed by the
parties to be bound thereby.
- 2 -
,. I
I
12. The water use granted by this Agreement is for the
- '. quantity of ~ tap(s) located on the property described in
paragraph 7, above. The water shall be in conjunction with
.I,' " /, / -lse as depicted upon the plan known as
...., 7" / " dnd approved by the
Delray Beach City Commission on
Any water furnished under this agreement shall not be used for
irrigation purposes unless such use is specifically and separately
approved by the Director of Public utilities.
13. As an expressed condition of this Agreement, the CUSTOMER
further agrees to abide by all ordinances of the CITY which are in
effect at the time of development, redevelopment, or renovation on
the site and which pertain to land use and development matters.
Such matters include, but are not limited to signage, landscaping,
architectural review and approval, and the CITY'S formal site plan
review and approval processes. However, no development requirements
of the CITY shall be imposed which shall have the effect of
diminishing a County development standard or requirement. In such
cases, the CITY requirement shall be subservient and no further
action of waiver or variance shall be required.
14. Water service, pursuant to this Agreement, must be
activated within two years of the date of this Agreement or said
Agreement shall be void. This Agreement shall also become void upon
annexation to the City of Delray Beach.
Rev. 10/27/87
,
- 3 -
"
,
IN WITNESS WHEREOF the parties hereto have executed this agreement
the day and year first written.
WITNESSES:
~{'- r lJc.:- '~ -
jl-n\lj;L~ ,', \-f}\: 2.,~'~
As to Customer Customer
ATTEST: CITY OF DELRAY BEACH
City Clerk MAYOR
LEGAL DESCRIPTION APPROVED
BY ENGINEERING DIVISION
FORM APPROVED BY CITY ATTORNEY
'~i '\ V
STATE OF ' .I 'j\,<' C,- )
COUNTY OF F ( ) (, )
tf"J"l'\ {::Wi
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in {:he c'9unt~ aforesaid
t~ take acknowledgements, personally appeared "K-f'\1t , E""~ ,C ,-- 1-
. l~C\'\ S,\1,\PY-..C\-- '; to me known to be the per,son(s)
described in and who executed e foregoing instrument and -I 1~\1
acknowledged before me that executed the same. I
WITNESS my hand and offi sea i the coun2J and State
last aforesaid this I D '1~ day of , i ,19 . ~
,
1 . &QL '/L~ ?L
Notary Pub
STATE OF ) ~~-~
l~/ '...
COUNTY OF ) (.!'i..otA~t IIOIMT I'IMuC. mn IE~
(~~-:'e %j ::-'::1OlI 1I'1If1 7/"',
I HEREBY CERTIFY that on this d~f.:'~;O<"J:iefore ::-a~'~ficer
duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared
and , well known to me to be the
President and Secretary respectively of the corporation named in the
foregoing agreement and that they severally acknowledged executing
the same in the presence of two subscribing witnesses freely and
voluntarily under authority duly vested in them by said corporation
and the seal affixed thereto in the true corporate seal of said
corporation.
WITNESS my hand and official seal in the county and State
last aforesaid this day of , 19
-
(SEAL)
Notary Public
STATE OF )
COUNTY OF )
. I HEREBY CERTIFY that on this day, before me an officer
duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared
, and , well known to me to be the
Mayor and City Clerk respectively of the City named in the foregoing
agreement and that they severally acknowledged executing the same.
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 19
(SEAL)
Notary Public
Rev. 10/27/87
- 4 -
.(
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! .
Agenda Item No. :
AGENDA REQUEST
Date:
Request to be placed on:'
'yy- Regular Agenda Special Agenda Workshop Agenda
When:
Description of agenda item (who, what, where, how much) : J?- ,.- /
-<:Cq;;;vft:"',- ./
/' /',. -II. (/- . " /". 5' r ! I . ~,~ A..I"T r r J';J , ~ , . /- /:::'0,1-
f /' J/ . JI , ~. r), ".J I r
( NAn.'1 /). ( /\ ,...J C/ J-.-.<: r ) (' ? ':.. "J' ('.-/.. v",' e, (:;. '.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: <; -I" /'" ,-;/ / ,- /
Y"'(' (',.. I" //J /r'" ..{O #-,"..,.-- / t( ;.,.-;. ('. r''''' .. ,/ .' ,.-, , ('f ; ./"/
,.......;.. /lJ1J (. }'( I c. f / I,,~ I
l., / r., / _ I C,.., '" (//'!'" ,"'- r:.. .5 I ~ f- "'"10' ~ ' 7-
;.. l F
..--" -,
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
"'!"
City Attorney Review/ Recommendation (if applicable) :
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
..'
City Manager Review:
, Approved for agenda: &1/ NOca 'zls>/q)
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
APPLICATION
for
WATER SERVICE AGREEMENT
Date: - j O..f\ Uar \..j \0 \q:u
I ,
(1) Applicant Information:
Name of Project
(if applicable)
Name of Individual/s or Corporation
_B~ RntJert 4 Karen S. ~esser
Address 4qb8 jeS\erson Read
City, State, Zip D e\ ra..\./ Be J'I . F=L 334'-15'
I .
Person to Contact and Phone Number
'Ben or Kare.n ~qB - 3373 ..r-
Address to Which Executed Agreement is to be Sent:
. \
(Leave blank if same as above)
(Z) Property Information:
Legal Description: (attach if insufficient space)
{' aon +rv CJub ~c.('es ~~ A-ddiJ,'ot1
E '/ ;)../ oC' Lo+- 7~ + Lot- 73
Location (in Layman's terms) fJcre.S
( COQf\try C J 1 )b
.' Address ~;D~ 3ferSQb *~~l}5
J J r y 6 .' f::c ,
::::::: :::in~~~; ~~\~~~~_
Proposed Use ~;n~ \e ~0\'Yl; \\1
(
4/23/84
AGREEMENT FOR WATER SERVICE
, /1
f (/J'" 1'// 19.//
o ./1,1...';:/-1 r./, .-!....L-'
by esser / ,
the CITY OF DELRAY BEACH, a
municipal corporation Florida, hereinafter called
the CITY.
WITNESSETH, that the CUSTOMER, his heirs and assigns, for and
in consideration of the privilege of receiving water service from
the Municipal Water System, agrees to the following:
1. The CUSTOMER agrees to pay all costs of engineering,
materials, labor, supervision, inspection, testing in order to
install the total length of extension necessary, in the professional
opinion of the Director of Public Utilities, to provide service to
the CUSTOMER'S premises. The CUSTOMER shall be responsible for the
installation and conformance with all applicable codes, rules,
standards and regulations of all service lines, and connections on
the CUSTOMER'S premises. The CITY shall have the option to perform
the necessary work or the CITY may have such work performed by
outside forces in which case the CUSTOMER shall pay in advance all
estimated costs thereof. In the event the CITY has such work
performed, the CUSTOMER shall remit such advance funds and any
additional funds as may be necessary to pay for the actual completed
project for the extension of services.
2. Any main extension made under this agreement shall be used
only by the CUSTOMER, unless permission is granted by the CITY for
other party or parties to'so connect. If the CITY requires upsizing
or increased capacity beyond what is determined to be adequate by
the Director of Public Utilities in size and/or capacity, a pro-rata
refund will be made directly to the CUSTOMER by the CITY to
compensate these additional costs. The CITY may also require
alternative bids to document the increased sizes or capacity to
establish these cost differences. The CUSTOMER acknowledges that
its right to receive any refund pursuant to this paragraph is
subordinate to any and all requirements concerning the City's
outstanding water and sewer revenue bonds.
3. Title to all mains, extensions and other facilities
extending from the CITY water distribution system to and including
the meter to service the CUSTOMER shall be vested to the CITY
exclusively.
4. The CUSTOMER agrees to pay all charges, deposits, and
rates for service and equipment in connection with water service
outside the CITY limits applicable under CITY'S ordinances and rate
schedules which are now applicable or as may be changed from time to
time.
5. Any rights-of-way or easements necessary shall be provided
by the CUSTOMER.
6. It is understood by the CUSTOMER, and shall be binding
upon the CUSTOMER, his transferees, grantees, heirs, successors and
assigns, that all water to be furnished, supplied, and sold under
this agreement is made available from a surplus. If a surplus does
not exist at the time of CUSTOMER'S actual request for commencement
of service, as determined by the CITY'S Public Utilities Director,
i then the CITY without liability may refuse to initiate service to
the subject premises.
; 7. The CUSTOMER further agrees in consideration of the
., privilege of receiving water service from said CITY, that the
execution of this agreement is considered a voluntary petition for
annexation pursuant to Section 171.044 of the Florida Statutes or
any successor or amendment thereto.
Rev. 10/27/87
,
Furthermore, should any other general law, special act, or local law
be enacted which provides for voluntary or consensual annexation,
this agreement shall also be considered a petition and request for
annexation under such other laws. The premises shall be subject to
annexation at the option of the CITY at any time they are eligi~le
under anyone or more of the above-referenced laws concernlng
annexation. The legal description of the subject premises is as
follows:
(lC'lurrtry C,\ u\L~eq;:5
~ I:-J f> Llc.Jd ;tl all
E VL 0\ Lot 7:2 + Lot 73
The CUSTOMER acknowledges that this covenant for annexation is
intended to be and is hereby made a covenant running with the land
hereinabove described. That this agreement is to be recorded in the
public records of Palm Beach County, Florida, and that the CUSTOMER
and all subsequent transferees, grantees, heirs, successors and
assigns of CUSTOMER shall be bound by this annexation agreement.
8. It is hereby agreed that the CITY shall have no liability
for the termination of water service to the premises, if the City
Commission shall determine that it is appropriate to protect the
pUblic health, safety and welfare of the property or inhabitants in
the City of Delray Beach, so long as the premises remain outside of
the CITY limits. In the event the City Commission makes such a
determination, the CITY . shall be and is hereby authorized to
discontinue water service to the premises upon ninety ( 90) days
notice given by the CITY.
In the event that the City Commission of the CITY determines that it
is necessary to permanently discontinue water service to the above
property, then the CITY shall execute a recordable release of this
annexation agreement which shall be recorded at the expense of the
CUSTOHER.
9. In addition to the limitation of the CITY'S liability
under paragraph 8 above, it is agreed the CITY shall have no
liability in the event there is a reduction, impairment or
termination in water service to be provided under this agreement due
to any prohibitions, restrictions, limitations or requirements of
local, regional, state or federal agencies or other agencies having
jurisdiction over such matters. Also, the CITY shall have no
liability in the event there is a reduction, impairment or
termination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, earthquakes, other causalities or other
circumstances beyond the CITY'S reasonable control.
10. The CUSTOMER hereby agrees to indemnify, defend and hold
harmless the City of Delray Beach, Florida, its Mayor, members of
City Commission, officers, employees, and agents (both in their
individual and official capacities) from and against all claims,
damages, lawsuits and expenses, including reasonable attorneys' fees
(whether or not incurred on appeal or in connection with
post-judgment collection) and costs arising out of or resulting from
the CUSTOMER'S obligations under or performance pursuant to this
agreement.
, 11- No prior or present agreements or representations shall be
binding upon any of the parties hereto unless incorporated in this
" agreement. No modification or change in this agreement shall be
I valid or binding upon the parties unless in writing executed by the
.\
parties to be bound thereby.
- 2 -
,
12. The water use granted by this Agreement is for the
quantity of ---1 tap(s) located on the property described in
paragraph 7, above. The water shall be in conjunction with
1< ,/ / -lse a? depicted upon the plan known as
J I " . ( / ( I' " ,-.) -..i , and approved by the
I ('f~,r' / " t:~(:~ .-' , .)
/ _~I,. /_ (..~ ~,-
Delray Beach City Commission on .
Any water furnished under this agreement shall not be used for
irrigation purposes unless such use is specifically and separately
approved by the Director of Public Utilities.
13. As an expressed condition of this Agreement, the CUSTOMER
further agrees to abide by all ordinances of the CITY which are in
effect at the time of development, redevelopment, or renovation on
the site and which pertain to land use and development matters.
Such matters include, but are not limited to signage, landscaping,
architectural review and approval, and the CITY'S formal site plan
review and approval processes. However, no development requirements
of the CITY shall be imposed which shall have the effect of
diminishing a County development standard or requirement. In such
cases, the CITY requirement shall be subservient and no further
action of waiver or variance shall be required.
14. Water service, pursuant to this Agreement, must be
activated within two years of the date of this Agreement or said
Agreement shall be void. This Agreement shall also become void upon
annexation to the City of Delray Beach.
Rev. 10/27/87
" .
(
,.
,
"
.,
j
- 3 -
.
IN WITNESS WHEREOF the parties hereto have executed this agreement
the day and year first written.
WITNESSES:
(6~ C. 1~/ , -
(.L' ""---
't\ClJ\Jn~ c")- YnlJ IJ/Ji ~
As to Customer Customer
ATTEST: CITY OF DELRAY BEACH
City Clerk MAYOR
LEGAL DESCRIPTION APPROVED
BY ENGINEERING DIVISION
FORM APPROVED BY CITY ATTORNEY
STATE OF 1-.J O~ .;Q c\_ )
COUNTY OF Rl.Lh' '6v{;_c~ )
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in_fhe c9untll aforesaid
% take acknowledgements, personally appeared ~\ tf... ~ e~...:.~c I' 1-
llfc\\S,\l\e~c:....(',\~ I; to me known to be the pefson(s)
described in and who executed -J:J: \LoregOing instrument and -=:1. lL\/
acknowledged before me that executed the same.
WITNESS my hand and offi ia sea i the coun2] and State
last aforesaid this (0'1"- day of { '. f , 19 . ~
L l/L~ ~
Notary Pub
a-'~
. E It
STATE OF ) ~"':.'_.....(~
1+.-' '. 4-
COUNTY OF ) (~/"OTAIt~t NOTMY "*IC, STATE (f flDIIOI
· \:!!,-;~;2 % i MY COMMISSION EXPIRE! 7/9/9C
, I eoNlllD lllIIU COIINnIUS.
I HEREBY CERTIFY that ''''. ......,~~ ,.' 1OIlIISOI, ~
on this da~r.}~""'Defore me an 0 ficer
duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared
and , well known to me to be the
President and Secretary respectively of the corporation named in the
foregoing agreement and that they severally acknowledged executing
the same in the presence of two subscribing witnesses freely and
voluntarily under authority duly vested in them by said corporation
and the seal affixed thereto in the true corporate seal of said
corporation.
WITNESS my hand and official seal in the county and State
last aforesaid this day of , 19 .
(SEAL)
Notary Public
STATE OF )
COUNTY OF )
" I HEREBY CERTIFY that on this day, before me an officer
duly authorized in the State and County aforesaid to take
.. acknowledgements, personally appeared
,
i and , well known to me to be the
."
Mayor and City Clerk respectively of the City named in the foregoing
agreement and that they severally acknowledged executing the same.
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 19 .
(SEAL)
Notary Public
Rev. 10/27/87
- 4 -
I
STANDARD fj/ I':Jf,
SURVEY LEGEND IN Cut_I"
/w wilh - (, !3e4r1/?9 Line.
12/46/43 Section/Town- 4-09' t (NIt (oO' -;'/W)
ship/Range
15xlO 15.10 Elevation +09.7"'('-) - ~R~a4
A Arc It ,.: ..... .. "01
AKA Also Known As ., , ~:
BM Bench Mark I~'~ I I ~. .
Blk Block ...., ", 75. ()() , r;.I.c,M.
I
C Calculaled [ 1
Measurement ,f\~ ~~
C=-~ Concrete
C B.S Concrele Block ~~ , ~,,~
Structure f~ a. -~~
CM Concre!e ~ , ~ b
Monument I ",' ~~ ~
C/L Chain Link Fence I - -
t Center line
Cor. Corner
.6. Delta (Central '~ ~
. Angle) ~~ 1 /6'.4-' B,~'
E/W Edge 01 Water I
E!. Elevation ~
Fd. Found
"**-" Fencing ....
IP tron Pipe .
I.R. Iron Rod rl
M. Field I
Measurement I aT-J' 16.'" . ~
M.H. Man Hole . /6,~' ~ ~\t,
N,R Non-Radial , ~
~ '. ~ ~
NGVD Nalional Geodelic ~ ~
" "
Vertical Datum ' ... ~ . , .
O.H Over Head ~ ~
O.R.B Olliclal Record i..", :~ lIj ~ 'k,
Book
O.S.O. O. Brl.n,Suiter- ':J ... ~
O'Brien , , . ~ '\ !~ .T~ J't/e: ,+1..61 1\
...~ 'I 'j
'l On line ~ ~ ", :
P Plat (or Record) -~ ." ~3 Ibre Jt.e/i i._Ie \',~
Measurement I~ 1lI\:J lilf ",.,./i IN.J"Io_N oI.,.~.
PB Pial Book f
P.C POln! 01
Curveture P'-''pP5.J
P.CC. Point ot Com- LP<'At,.", fbI
pound Curveture -f ~,/-
PCP. Permanent ,1,1,..1.
Control Point I
PI Point 01 Inter- ,
seclion I
PK Parker-Kalon Nail
POB. Point 01 ~
Beginning " ~
iii X
PO.C Point 01 t;
Commencemenl 1- gfl1337" ~'E!4.r~m~n~ fii.-
PRC. Porn! 01 Reverse I .q:ll4- I
Curveture .1:./(, IIt;'/d-es.f A~
PT. Point 01 z.~ 0'" Z.S:Pfl '
Tangency 75:(}()'- [. O-}/, 1tJ' E.ueMeAC IV-
Pg Page Itf//.-t, to'HI: Ilt/'I,'C/,H" A'~
~ . Property Line 1-- --
Prop Property I I
~ Ouarler Corner I
R Radius ,.. ..t. ,.., .""> I , ... '-1/
' . ,l_ (:.:...
Radial Bearing .: . , .";: '- ....." .... , -r" <,-,
RB ." ..., J,.O,- ;; C_ .. .-
R/W Righl.ol.Way
Res Residence
+ Seclion Corner
STY. Story
T O.B. Top 01 Bank
UP Uliilty Pole
Legal Description: -
Certified To:
Lot 73 and the East 1/2 of Lot 72, SECOND AODITION TO Ben R. Messer
COUNTRY CLUB ACRES. accordinn to the plat thereof. recorded Karen S. Hesser
in Plat Book 24, Page 21, Public Records of Palm geach County, National Flood Insurance Pro~ram Data:
Florida. COI1l:nuni ty Panal ~~o. : 1201 2 0202 B
Pro~ertf Address: F.I.R.M. Date : October 15, 1982
~ 490 Je ferson Road Flood Zone : · B ·
Delray Beach, Florida
8Pu.."d4"~ SCL.,l-ve.!7 F,.r.'
~ph. 72..f/ 7.5 '""'- /? B, 2.'1-,: ~ 2/ 8e-? I? .-A1es..ser
I HEREBY CERTIFY that the sketch shown hereon and the survey on which it is based was done STANDARD SURVEYOR'S NDTES
under my supervision and is correct to the best of my knowledge and belief and that it conforms 1. Lands shown hereon have not been abstracted by this
to the applicable requiremenls of Chapter 472 01 the Florida Statutes and Chapter 21HH of the office for easements, reservations or rights-of-way of
Florida Administrative Code: record,
Note: This Document is not valid unless sealed with an embossed Surveyor's Seal. 2. Bearing Reference: Bearings and/or Angles shown
hereon are relative to that line noted hereon as the
5""/c../~CJ /J~~~ "BEARING LINE" as monumented in the field.
Date of Drawing: . 3. Underground improvements were not located.
Date of Survey: 4/5t?/9d ,'/t"/..t ;(:' '_ 4. The basis of this survey is the Legal Description pro-
~sePh {: O'Connor vided by the client.
Field Book 3 , Page $7 Professional Land Surveyor 5. Elevations shown hereon, if any. are relative to the
Florida Registration No. 4562 National Geodetic Vertical Datum of 1929.
REVISIONS SCALE:! "=- 3l:r
JOSEPH C. O'CONNOR, INC. DATE: S'1i!./~
Professional Land Survey Consultant
JOB NO':9~3'~
407.278-9249 DRAWN BY:.TOt::
1555 S. Federal Highway, Delray Beach, FL 33483
CHECKED BY'-7."tJt::::.
I
. .
. -
.
, WMIANfY DlIO
lIds lIarranty lIed Made Ihe 28th day of September A. D. 1CJ 78 by
VINCENT UGOLINI AND KATHLEEN UGOLINI (FORMERLY KATHLEEN ZETZl, HIS WIFE
tn h.-.fna/'.r called ,he gran lor, 10 BEN ROBERT MESSER AND KAREN S. MESSER, HIS WIFE
tn
C'J
t.f")
t.f") who.e po.lof{fce address is 4908 JEFFERSON ROAD, DELRAY BEACH, FLORIDA 33444
- h.r.fna/'er called the gran'ee:
IWhe~ve' \llled herein "'~ tenn. ""..nto," ar '~..antu" indude ..II the p...ie. to .hi, inll,um.nt anel
<X:) lite he-in, lel(aI reprnenc.ative. and ...iwn. 0' id_.V,-t...b. and rhe 'ucce.tllOrt and .lIi,n. III corpoI"ation.)
r- 1ttitnwdh: ThaI ,lie gran'or, lor and tn cO~lIiderafion of ,he .wm o( S 10.00 and o,her
valuable conatderaUon8, receip, whereof is hereby aclmou,leclgecl, herp.by "ran's, barga.n., nIl", al'.n.., re-
mu... ...leOle.. convey. and confirms un'o ,he grantee. aU ,hal corlain land .Ilua'e in PALM BEACH
Count,. Florida, v12::
Lot Seventy-three (73) and the East Half of Lot Seventy-two
0 (72), SECOND ADDITION TO COUNTRY CLUB ACRES, according to the Plat
tn ' thereof on file in the office of the Clerk of the Circuit Court
.:a- in and for Palm Beach County, Florida, in Plat Book 24, Page 21.
%
D-
m
N
0- - _..0-__"
w.J -----.. _.__....~.__.. C"~'0,'_,,~IJCUMf_N fAliY
<.n
'-:J
co Lt1 ~~)
r- <"'> (fI'lt)~ 'RI 1\ SUI'~ TAX ~
en .,"
-- u cD \i': '; 00 ",$i- fLU E:J -
..-:;'JO'r ';;;;:'t",,:) :: 3 5. 7 5
..,.... r-' ~~ C'-J
U)Z
oc;::Y LI'7 ;tu
..,0 - Of P. 8. " -
-;lu " n- . UVUlut III 06 -
0.. c:t . N
C>
y.&O
~1-S()
~:S.'l.s l,gtlhtr
- wuh all Ih. tenemenl.. '.eredflament. ancl appurlenances .hereto "eiong.ng or in any-
~im wue apper'a.n.ng.
J, lIavt and tD lIold, I'.e .am. in foe .timple forl?lJer,
Bnd tho granlor hereby covenanls wuh said grantee thai "'8 grantor i. law/ully .ef:r;ecl 0/ 'cUd land
in fe. ,imple: ,hat the grantor hat good right and lotl'ful aUlhorHy 10 .eU and conve)' ,a'd land: thai the
~.~ grontor here")' lull)' warranb 'he Utle 10 .a.d land and will riefond ,he ..ame aga'n,' II.. lawful cla'".. 01
- all perlon.. whomsoever: and Ihat ..a.d land .. free of all encumbrance., except taxe. accruing .uluequent
~~ '0 Decem"er 31. 1977; RESTRICTIONS, CONDITIONS AND EASEMgNTS OF RECORD, IF ANY:
AND TO ALL VALID ZONING ORDINANCES.
~~
2':d
~a
_IX
0 In ltJilness 1tthereof, Ihe ..aid granlor has
~,.~
"rll above wriUen.
'w
~
"'0
C .
;..o'i .. ......:'..~...-.....,...Ih......~.,........ .....
GI..Q(.)!a
~ ._.
cao...
ca:-g...c
CII0C:4D .~
~u:GlS STATE OF
s:. E .- FLORIDA
(J ~e E COUNTY OF PALM BEACH
>-u"S~
.c ~....
."lXlGl I HEREBY CERTIFY that on thi. day, before me, an oflicer dUly
G)>-~u
lQlOog authoriled in lhe Stale aforelaid and in the County aforelaid to take {d'lef\\\CI\
0. ~.... ~
~ot:~ aeknowledgmrnu, perJonally apPt"ared ",etO fl~
. tV C ~ {',O'.1t\\'f,
en '.. ,- " \\eat
ctl ~ '0 <II '''' n Ou,,\d8
;t 01; .~ ~ Jo\\t\ . . ~
c.r::~ftt
a, . C'Q t\ef'f. t\fcui\.
E iT l, C
:J f,"- the
.::w~-g
:g -i. ~ ,5
-;;;-",$
.- 0 c:: ~~~~H ~H Z 933 PAGE 1 902
~1O~8
NoTARY PU\!llC STATE OF flORIDA AT lARGE
MY COMMls&IOH EXPIRES MAR. 13, 1979
8ONOEO lHRU GENERAL INSUItANCI! UNOERWRrrE'R$
.
STANDARD
SURVEY LEGEND
Iw with
12146143 SecliDnlTDwn, (00' :.r/W) - ~ /3ecNn9 ).Ine
shiplRange
15x10 15.10 ElevaliDn - 4. Rtiul.
A Arc If.. . '. . I
AKA Also Known As 1:1,
.' , ~:
B.M. Bench Mark J . I .
Blk Block ,~ I ...., " 75. ()(J ,
C. Calculaled I ,"""C,M.
~ I
Measurement .H ~~
c::::J Concrele
C.B.S. Concrele Block ~~ , 81""'/.3" ' ~,,~
Slrutlure f~ a, .~~
CM Concrele ~ I ~ -:th
Monumen! i '" '{~ iii ~
CIl Chain Link Fence - -
Ii. Center line
Cor. Corner
.6- Della ICentral .~ ~
. Angle} t~ I /7. of. ,
EIW Edge 01 Water I
E! Elevation ~
Fd Found
............ Fencing \.
I.P. Iron Pipe .
I.R. Iron Rod Ii
M Field I
Measurement I Z'?:J' /6, ,.' . l
MH. Man Hole . 16,,' ~ ~t.
N-R Non-Radial , ~
~ " ~ ~
NGVD National Geodelic ~ ~
I, "
Vertical Oalum I .. ~ . , .
OH Over Head ~ ~
O.R.B Official Record 1,..... :~ 'Ii ~ 'l
Book
O.S.O. OBrlon-Suiler- 'j '" ~ ".
Q '\ /',
O'Brien ......,~ 'I 'I !~ ,1~ JI~: #"JJ .,
!i On line 'lI ~ "",- :
P Pial lor Record) -~ ," ~3 ;6r6 Jt.e,t l.t>eAfe 'I
Measurement 1"1 '11-4 I ~ I"l( <('/~" INJY<-'" J,.,...
PB Plat Book f \!oJ
PC Point ot
CUfvetUfe I 17'1'P5./
PCC Point 01 Com- L~l1(t""N
pound Curvelure t>f 1(e,1_fi-I
PCP Permanent , Il.' ,MeJ
Control PDinl , Z3."
PI Poi,.,t 0' Inter- ,
s'!~~.,.,
PK Parker-Kalan Nail
POB Point of \I
Beginning " \I
'" X
POC Point 01 "
Commencement 1_ 9f//3'37" KJ G4~~ ",~" t- ti?l--
PRC POinl 01 RevelSe I ~"4- ,
Curvelure ./:,/{, 1It;,/,.t.~.s.f A~
PT Point of Z~ ()()' z.s:()() .
Tangency 7S:()~'- [,. 0,". '"'" Ec.reMe-tC IV-
Pg Page Uf,,/.-t, ,G,ive <<t:/I,.~,'es" ~'t:..A
t . Property line 1-- --
Prop Property . I
~ Quarter Corner I
R Radius : ........ tOO, "jlo I , ... Co1/
' , -:') .., ,:.'- (;..:.,.
Radial Bearing .1,..."')/.,, ...", .~ I "r.
RB .~ ....' i......, t.. ;c... "..
RIW Righl-ot-Way
Res Residence
+ Section Corner
STY Slory
TO B. Top 01 Bank
UP Ulility Pole
~eQat Description: Certi fied To:
Lot 73 and the East 1/2 of Lot 72, SECOND ADDITION TO Ben R. Messer
COUNTRY CLUB ACRES, according to the plat thereofa retorded Karen S. Messer
in Plat Book 24, Page 21, Public Records of Palm each County, N~tional Flood Insurance Pro~ram Data:
Floridil.. Community Panal No. : 1201 2 02Q2 B
Pro~ertr Address: F.l.R.M. Date : October 15, 1982
, 490 Je fer son Road Flood Zone : · B ·
Delray Beach, Florida
8," ",de "':J St.eJ-V4E!.f;1 F..."" .'
,Lph 72.Q 7,3 ~ /:8,2.4-. ~ 2./ .Be.., ,If. ..A1eS'Jer
"
I HEREBY CERTIFY that the sketch shown hereon and the survey on which it is based was done STANDARD SURVEYOR'S NOTES
under my supervision and is correct to the best of my knowledge and belief and that it conforms 1. lands shown hereon have not been abslracted by this
to the applicable requirements 01 Chapter 472 of the Florida Statutes and Chapter 21 HH of the ollice lor easemBnts, reservations or rights-aI-way 01
Florida Administrative Code: record,
Nole: This Document is not valid unless sealed with an embossed Surveyor's 3eal. 2. Bearing Reference: Bearings and I or Angles shown
hereon are relative 10 that line noted hereon as the
s-lz/,tJ "BEARING LINE" as monumented in the field.
Dale of Drawing: ~ ~ 3. Underground improvements were not located,
Date of Survey: 4/5t/J9d .... 4. The basis 01 this survey is the Legal Description pro-
vided by the client.
Field Book 3 . Page $"7 5. Elevations shown hereon, if any, are relative 10 the
National Geodetic Vertical Datum of 1929.
REVISIONS SCALE:! "= 30'
JOSEPH C. O'CONNOR, INC. DATE: S"laJ~
Professional Land Survey Consultant
JOB NO.: 9~3'1-
407-278-9249 DRAWN BY:,J:'tlt:::
1555 S, Federal Highway, Delray lkach. FL 33483 CHECKED BY,JtJ/::::.
.
MEMORANDUM
TO: MAYOR AND ~OMMISSIONERS
FROM: CITY MANAG Pv'\... ry ~
SUBJECT: AGENDA ITEM # tg 0 - MEETING OF FEBRUARY 12, 1991
ACCEPTANCE OF WATER SERVICE AGREEMENTS
DATE: February 5, 1991
We have received four executed water service agreement from the owners
of property at ,4855 Jefferson Road, 4908 Jefferson Road, 4864
Jefferson Road and 4957 Jefferson Road in the Second Addition to
Country Club Acres subdivision located on the east side of Military
Trail, just south of Atlantic Avenue. These water service agreements
are necessary as a part of the extension of a water main into this
area and subsequent receipt of City water service.
Recommend acceptance of four water service agreements from property
owners at 4855 Jefferson Road, 4908 Jefferson Road, 4864 Jefferson
Road and 4957 Jefferson Road in the Second Addition to Cotm~' Club
Acres subdivision.
,~
,
licg55 :::r E- fF€eson fORo
'f .
. . .
,.
AGnEEMENT Fon HATER SEnVICE
OUT OF C!TY - EXISTING, INDEPENDENT,
RESIDENT OR CO~~IERCIAL UNIT
This agreement, made on this day of ,
1990, by and between ,
hereinafter called the eus.tomer, and the CITY OF DELRAY
BEACH, a municipal corporation of the State of Florida,
hereinafter called the CITY.
'HTNESSETH, that the CUSTOHER, his heirs and assigns,
for and in consideration of the privilege of receiving water
service from the Municipal 1v ate r systemf agrees to the
following:
1. Title to all mainsf extensions and other facilities
extending from the CITY water distribution system to and
including the meter to service the CUSTOMER shall be vested
to the CITY exclusively.
,'r-r"~li.ir
,~$~2}~~'The CUSTOMER agrees to pay all charges, deposits,
and" rates for service and equipment in connection with water'
service outside the CITY limits applicable under CITY'S
ordinances and rate schedules which are now applicable or as
may be changed from time to time.
3. Any rights-of-way or easements necessary shall be
provided by the CUSTOMER.
4 . It is understood by the CUSTOMER, and shall be
binding upon the CUSTOMER, his transferees, grantees, heirs,
successors and assigns, that all water to be furnishedf
supplied, and sold under this agreement is made available
from a surplus. If a surplus does not exist at the time of
CUSTOMER'S actual request for commencement of service, as
determined by the CITY'S Public utilities Director, then the
CITY without liability may refuse to initiate service to the
subject premises.
r5~,:.".t The CUSTOMER further agrees in consideration of the
privilege of receiving water service from said CITY, that
li'the execution of this "agreement is considered a voluntary
~?p~e':t;;~:t:~o'ri~for~,~annexation';. pursuant to Section 171. 044 of the
Florida"Statutes or any successor or amendment thereto.
Furthermore, should any other general law, special act, or
local law be enacted which provides for volun.tary or
consensual annexationf this agreement shall also be
considered a petition and request for annexation under such
other laws. The premises shall be subject to annexation at
. ,
. .
the option of the CITY at any time they are eligible under
any, one or more of the above-referenced laws concerning
annexation. The legal description of the subject premises
is as follows:
Lot 49, Second Addition to Country Club Acres, according
to the Plat thereof as recorded in' Plat Book 24, Page ,_
21, Public Records of Palm Beach County, Florida
I
The CUSTOMER acknowledges that this covenant for annexation
is intended to be and is hereby made a covenant running with
the land hereinabove described. That this agreement is to
be recorded in the public records of Palm Beach County,
Flori~, and that the CUSTOMER and all subsequent
tr~nsferees, grantees, heirs, successors and assigns of
CUSTOMER shall be bound by this annexation agreement.
6. It is hereby agreed that the CITY shall have no
liability for the termination of water service .to the
premises, if the City commission shall determine that it is
appropriate to protect the public health, safety and ,welfare
of the property or inhabitants in the City of Delray Beach,
so long as the premises remain outside of the CITY limits.
In the event the City Commission makes such a determination,
the CITY shall be and is hereby authorized to discontinue
water service to the premises upon ninety (90) days notice
given by the CITY.
In the event that the City commission of the CITY determines
that it is necessary to permanently discontinue water
service to the above property, then the CITY shall execute a
recordable release of this annexation agreement wpich shall
be recorded at the expense of the CUSTOMER.
7. In addition to the limitation of the CITY'S
liability under paragraph 6 above, it is agreed the CITY
,shall have no liability in the event th~re is a reduction,
impairment or termination in water service to be provided
," I
.
under this agreement due to any prohibitions, restrictions,
limitations or requirements of local, regional, state or
federal agencies or other agencies having jurisdiction over
such matters. Also, the crrry shall have no liability in the
event there is a reduction, impairment or liability in the
event there is a reduction, impairment. or t.ermina,tion of
water service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, earthquakes, other causalit.ies or
other circumstances beyond the CITY'S reasonable cont.rol.
(l . The CUSTOMER hereby agrees to indemnify, defend and
hold harmless the city of Delray Beach, Florida, its Hayor,
members of City commission, officers, employees, and agents
(both in their individual and official capacities) from and
against all claims, damages, lawsuits and expenses,
including reasonable attorneys' fees (whether '-pr not
incurred on appeal or in connection with post-judgment
collection) and costs arising out of or resulting from the
CUSTOMER'S obligations under or perfol~ance pursuant to this
agreement.
9 . No prior or present agreements or representations
shall be binding upon any of the parties hereto unless
incorporated in this agreement. No modificat.ion or change
in this agreement shall be valid or binding upon the parties
unless in writing executed by the parties to. be' -bound-
thereby.
10 . The water use granted by this Agreement is for the
quant-ity of I tap (s) located on the property described
in- paraaraph 4, above. The water shall be in conjunction
with use as depicted upon the plan knovlTI as
-_.
and
approved. , by the Delray Beach 'ci,ty Commission
on
. Any wat.er furnished
under this agreement shall not be used for irrigation
purposes unless such use is specifically and separately
approved by the Director of Public utilities.
II. As an expressed condition of this l\greement, the
CUSTOMER . further agrees to abide by all ordinances of the
CITY which are in effect at the time of development,
redevelopment, or renovation on the site and which pertain
to land use and development matters. Such matters include,
but are not limited to signage, landscaping, architectural
review and approval, and the CITY'S formal site plan review
and approval processes. However, no development
requirements of the CITY shall be imposed which shall have
the effect of diminishing a county development standard or
requirement. In such cases, the CITY requirement shall be
subervient and no further action of waiver or variance shall
be required.
" I
.
-;
. .
, . I
. .
12. Water service, pursuant to this Agreement, must be
activated within two years of the date of this Agreement or
said Agreement . shall be void. This Agreement shall also
b~come void upon annexation to the City of Delray Beach.
-,
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" . . --' .. .... .
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IN WITNESS WHEREOF the parties hereto have executed this
agreement the day and year first written.
~.k >C~ ~.,"-
Customer '
ATTEST: CI'l'Y OF DELRAY BEACH
-
. city Clerk Hayor
.
LEGAL DESCRIPTION APPROVED
BY ENGINEERING DIVISION
- ~ -.- .. .' ~..., -
FORM APPROVED BY CITY ATTORNEY
STATFJ-.QF i:t'~~~ ) ... ...
COUNTY OF ~~j~/;? &actA )
I HEREBY CERTIFY that on this day, before me, an
officer duly authoriz'ed in the state aforesaid and in the
county afor:esaidQ to ee .acknoT,{ledCJcments, personally
appeared ilili..t.--..,. 0 't{d~ ,
to me known to be the erson (s) described in and who
executed the foregoing instrument and .
acknowledged before me that executed the
same.
.
WITNESS my hand and
State last aforesaid this
199/ .
." .
,
STATE OF )
COUNTY OF )
I HEREBY CERTIFY that on this day, before me an officer
duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared
and , well known -to be. to be the
Presiden.t and Secretary re.spectively of .the corporation
named in the foregoing agreement and that they ,severally
acknowledged exe,cuting the same in the presence of two
subscribing witnesses freely and voluntarily under authority
duly vested in them by said corporation and the seal affixed
thereto in the true corporate seal of said corporation.
WITNESS my hand and official seal in the Count:y and
Sate last aforesaid .this day of ,
19 ,-
.
( SEAL)
Notary Public
STATE OF )
COUNTY OF )
.. - .. _.... p.-.. -
I HEREBY CERTIFY. that on this day, before me an officer
duly authorized in' the State and County aforesaid to take
acknowledgements, personally appeared
-. . .'.
and . well known to me to be the Mayor
,
and City Clerk respectively of the City named in the
foregoing agreement and that they severally acknowledged
executing the same.
HITNESS my hand and official seal in the County and
state last aforesaid this day of
, 19 .
..
( SEAL)
Notary Public
q* .
.
-l&l-~'
. 'Ct: J' = 'Ill _ N
z .. ,\
WES1-" ,-
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IJ/:;A('/-/
, -- -- --- -- -
~I CLUB "il,~L'i.'ll-Il"1 '13
",.~(i"hll........
~ 0_':' ::;~YOfR Olt
.~ f <[ :: (()/ \'FI. Y
... ,,' ..... ~ " \ A Ii I ,-J)
II . _ 4 _ _
~I
LOCA TION M/iP N. T. S.
500/ N
-
20' Ur/L. Esm/:' 1w<nC;,.::a: .i URVEY ..FOR:
!I.T. wnn ;10. tgage Company
- -- -
A!'Ii)
... Gary A. dll(: D~bra J. Miller
...
'-'I 4855 .1p.ffd~<:>n Road
~ Delrav lkach, Florida
I
, UI:;S::R I PHON
C) Lot 1.9, -,E~c:;n ...lJDITION TO COUNTRY
\) :':LUB AC:U;:;. ~ccording to the Plat
lJ1 thereat ,,~ .."corded in Plab ]jook
/2.0 "- ~' c, Public Record9 of
~"l -~. , pnuc . , ,
,",',: Palm OP..=IC:l r-\,.unty, fIor ids.
/803'
20'SLOG
- - --
\I to/He
H fQ
~ ." "',7'. '-',
,,5~~) ~~ '~..:.' .::.~
050,0'
,
~
JC"FFERSON .ROAO .
(PAve.o /0')
I HEREBY CERTIFY That th., ~Ia~ ~n(,lwn h<<eon is a trut and correct r.p'esen~tlon 01 .Iurv.y of th. propeny described In the
caPtion th.r.of, mad. under my dllectlon, And IS i1cc""ra1l to tne best of my knowllldge .ncJ belief. and Ih.t there ar~ no app,trenl
encrCNchmlnts, ""nlea sno"",,n. QLWC ;:
.?-o ~ -
Aegu,uleG LilnCl SurveyoI. FlorU:liI C.rllflc.u.NO: Z 3'- c>
SCALE 1"-= ::'0
H~ lEER'!' A. TURSO & CO.
DR I. I": , (>,
T.Al'\D SUIH'EYORS
DATE '5 .25, 711'ELO, "-10 COIZNEe,; SE.T
"T!OX}: (30:;) :S!:l:;,](l"~
JOB NO 1 c.. / '31 4 7:.!:.! 'dll:'J[ "I," ~Tln:r." . l.AKE WonTII. F1.0nUI^ 3~I-1nU DWe. NO. G:,374-
- .. -.- --- -~-, ~. -- -..-.....-.
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if -
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Agenda Item No. :
AGENDA REQUEST
Date: ?/"l/Ql
Request to be placed on:'
~""$~"-\-
xxx RequliHr Agenda Special Agenda Workshop Agenda
When: 2/12/91
Description of agenda item (who, what, where, how much): Request City
CnmmiRRion to approve the Water Service Agreement for Debra Snod~rass.
4855 Jefferson Road. De1ray Beach. FL 33445, Country Club Acres
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends acceptance and approval of this water
service agreement.
~.
...-... -- -
.......--.---.-
Department Head Signature: Ii#~a o/"J~Jr~.J
Determination of Consistency with Comprehensive Plan:
~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
.,'
City Manager Review:
~ , Approvedfor agenda: @ N~ 1-/1?/q/
-J,
'" Hold UntJ.l:
"-
Agenda Coordinator Review:
Received:
Action: Approved/Disavproved
.
.,
" '. ,
" ' .
..
AGREEMENT FOR WATER SERVICE
OUT OF C!TY - EXISTING, INDEPENDENT,
RESIDENT OR COMMERCIAL UNIT
This agreement, made on this day of ,
1990, by and between ..
,
hereinafter called the Customer, and the CITY OF DE I..J<1\. Y
BEACH, a municipal corporation of the state of Florida,
hereinafter called the CITY.
'HTNESSETH, that the CUSTOHER, his heirs and assigns,
for and in consideration of the privilege of receiving wat~~
service from the Municipal Water System, agrees to the
following:
1. Title to all mains, extensions and other facilities
extending from the CITY water distribution system to and
including the meter to service the CUSTOMER shall be vested
to the CITY exclusively.
')'~~,~ltil1
,~l~,;aJZ~JY;The CUSTOMER agrees to pay all charges, deposi ts,
and" rates for service and equipment in connection with water....
service outside the CITY limits applicable under CI'I'Y I S
ordinances and rate schedules which are now applicable or as
may be changed from time to time.
3. Any rights-of-way or easements necessary shall he
provided by the CUSTOMER.
4. It is understood by the CUSTOMER, and shall be
binding upon the CUSTOMER, his transferees, grantees, heirs,
successors and assigns, that all water to be furnished,
supplied, and sold under this agreement is made available
from a surplus. If a surplus does not exist at the time of
CUSTOMER'S actual request for commencement of service, as
determined by the CITylS Public Utilities Director, then the
CITY without liability may refuse to initiate service to the
subject premises.
$<5,::",1 The CUSTOMER further agrees in consideration of the
privilege of receiving water service from said CITY, that
li'the execution of this"agreement is considered a voluntary
re.~p"et1;i;):;i;Qn~1:6r;f,~annexation;;,pursuant to Section 171.044 of the
Florida"Statutes or any successor or amendment thereto.
Furthermore, should any other general law, special act, or
local law be enacted which provides for volun'tary or
consensual annexation, this agreement shall also be
considered a petition and request for a~nexation under such
other laws. The premises shall be subject to annexation at
.
.
the option of the CITY at any time they are eligible under
any. one or more of the above-referenced lay,s concerning
annexation. The legal description of the subject premises
is as follows:
.'
Lot 49, Second Addition to Country Club Acres, according
to the Plat thereof as recorded in:Plat Book 24, Page .-
21. Public Records of Palm Beach County, Florida
. I
The CUSTOMER ackhowledges that this covenant for annexation
is intended to be and is hereby made a covenant running with
the "land hereinabove described. 'l'hat this agreement is to
be recorded in the public records of Palm Beach county,
Flori-d~ , and that the CUSTOMER and all subsequent
tr-ansferees, grantees, heirs, successors and assigns of
CUSTOMER shall be bound by this annexation agreement.
6. It is hereby agreed that the CITY shall have no
liability for the t"ermina tion of water service .to the
premises, if the City Commission shall determine that it is
appropriate to protect the public health, safety and "welfare
of the property or inhabitants in the City of Delray Beach,
so long as the premises remain outside of the CITY limits.
In the event the City Commission makes such a determination,
the CITY shall be and is hereby authorized to discontinue
water service to the premises upon ninety (90) days notice
given by the CITY.
In the event that the City commission of the CITY determines
that it is necessary to permanently discontinue water
service to the above property, then the CITY shall execute a
recordable release of this annexation agreement wpich shall
be recorded at the expense of the CUSTOMER.
7. In addition to the limitation of the CITY'S
liability under paragraph 6 above, it is agreed the CITY
shall have no liability in the event th,ere is a reduction,
. impairment or termination in water service to be provided
., '" .\.-
.
under this agreement due to any prohibitions, restrictions,
limitations or requirements of local, regional, state or
federal agencies or other agencies having jurisdiction over
such matters. Also, the CITY shall have no liability in the
event there is a reduction, impairment or liability in the
event, there is a reduction I impairment or termination of
water service due to acts of God, acciden'ts, strikes,
boycotts, blackouts, fire, earthquakes, other causalities or
other circumstances beyond the CITY.S reasonable control.
8. The CUSTOMER hereby agrees to indemnify, defend and
hold harmless the City of Delray Beach, Florida, its Mayor,
members of city commission, officers, employees, and agents
(both in their individual and official capacities) from and
against all claims, damages , lawsuits and expenses,
including reasonable attorneys. fees (whether ~r not
incurred on appeal or in connection with post-judgment
collection) and costs arising out of or resulting from the
CUSTOMER I S obligations under or performance pursuant 1:0 this
, agreement.
. 9. No prior or present agreements or representations
shall be binding upon any of the parties hereto unless
incorporated in this agreement. No modification or change
in this agreement shall be valid or binding upon the parties
unless in writing executed by the par'ties to- be - -bound-
thereby.
10. The water use granted by this Agreement is for the
quanbity of / tap(s) located on the property described
in-paraaraph 4, above. The water shall be in conjunction
with __ use as depicted upon the plan knovlJ1 as
and
approv~~ . by the Delray Deac~ ~ity Commission on
. Any water furnished
under this agreement shall not be used for irrigation
purposes unless such use is specifically and separately
approved by the Director of Public utilities.
11. As an expressed condition of this Agreement I the
CUSTOMER further agrees to abide by all ordinances of the
CITY which are in effect at the time of development,
redevelopment, or renovation on the site and which pertain
to land use and development matters. Such matters include,
but are not limited to signage, landscaping,. architectural
review and approval, and the CITY I S formal site plan revievl
and approval processes. However, no development
requirements of the CITY shall be imposed which shall have
the effect of diminishing a county development standard or
requirement. In such cases, the CITY requirement shall be
subervient and no further action of waiver or variance shall
be required.
-:',
, . .
.. ~ . .
12. Water service, pursuant to this Agreement, must be
activated within two years of the date of this Agreement or
said Agreement shall be void. This Agreement shall also
b~come void upon annexation to the City of Delray Beach.
.
"
-,
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. - .. _.... .. .4_' -
" .' .
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IN WITNESS WHEREOF the parties hereto have executed this
agreement the day and year first written.
~.~^.~. ..
Customer'
ATTEST: CITY OF DELRAY BEACH
- ' .
"
. city Clerk Hayor
.
LEGAL DESCRIPTION APPROVED
BY ENGINEERING DIVISION
- .. -'- .. .. ...... -
FORM APPROVED BY CITY ATTORNEY
STATE-QF '=I/~~ ) ......
COUNTY OF ~r} ~<,-A )
I HEREBY CERTIFY that on this day, before me, an
officer duly authoriz'ed in the state aforesaid and in the
county afor:esaidQ t~e .acknO'.Hedgements, personally
appeared j li.i'~-A-- . ...0 ~/.l,-a.A../ ,
to me known to be the 'erson (s) described in and who
executed the foregoing instrument and "
acknowledged before me that executed the
.' same.
.
WITNESS my hand and
State last aforesaid this
19QI .
.
. . .
STATE OF )
COUNTY OF )
I HEREBY CERTIFY that on this daYI before me an officer
duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared
and , well known t:.o be. to be the
Presiden't and Secretary respectively of .the corporation
named in the foregoing agreement and that they severally
acknowledged exeouting the. in the of two "
same presence
subscribing witnesses freely and voluntarily under authority
duly vested in them by said corporation and the seal affixed
thereto in the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and
Sate last aforesaid ,this , day of ,
19 ,-
.
( SEAL)
Notary Public
STATE OF )
COUNTY OF )
.. - .. -.... _._~.. -
I HEREBY CERTIFY. that, on this day, before me an officer
duly authorized in' the' State' 'and county aforesaid to take
acknowledgements I personally appeared
-.. .' ....
and - I well known to me to'be the Mayor
and City Clerk respectively of the City named in the
foregoing agreement and that they severally acknowledged
executing the same.
HITNESS my hand and official seal in the County and
state last aforesaid this day of
, 19 .
..
( SEAL)
Notary Public
, :Ol&.F~~
. ~.... ' N
~ ; ~\ '.
WEST.... _-
-~
I
,
I ~, I Df: f.RA},
~ ~,I
q
e: GOLF I
I ~; I- /J/::A('H
-- -- --- - -
~I CLUB HIl>H A~W "liVf ~II
<I:'~/i"hf{"u...
~e ! ;;, 0_ Q SNYOfA OR
:;; :; ('()(I,'YTIiY
II '",'~;;~'~"- ~,,! . ..J
LOCA TION MAP N. T. S,
.so 0" N
-
20' urlL. 55,"/.. ~lUil.TG,.GE SURVEY.FOR:
It.T. Dunn ;-tortgage Company
- -- -
AND
... Gary A. dn~ Debra J. Miller
...
'''l 4855 JeffcL~Dn Road
~ Delray lIeach, Florida
i
, llI::SGRll'TION
~ C) l.ot 49, :JE~Ot;!) .\lJDITION TO COUNTRY
, Il< Ii ' \:i CLUB AC;U:S. according to the Plat
tl ~ . <:;) In thereof ng recorded in Plab Uook
...; I...:. ~ '" /2.0 "- 2:. t Page :~ p Public Records of
'l- t., U' 'to ;"'.:,::]
\ ~ ~'.': Palm ne~ch raunty, florida.
6,~ 21{,8' /8.3'
, ~
"
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- - ' 20'BLO~
" LIHE
~~ ~
lti 4:::.~;:,..;:~'1
...::;;.:.) ~~ I'<)
" ......
.50.0'
,
~
JEFFeRSON ,ROAD
-
(PAVE.o /6')
I HEREBY CERTIFY That thtl ~Ia! ::;hown hereon is a true iIInd corract representation of a survey of the property described in the
caption thereof, mad. under my direCtion. and is accurate to the best of my knowledge and belief, and that there an~- no .apparent
encroachments, unless shown. ~LWC'~ t~
Reglsterea L.nd SlJr....eyor. FlorIO. Certlt,c.tlt.No: 23(" 0
SCALE I"", ::'0 TURSO & CO.
HI} Bli;R'l' A.
DR I. I': . (}.
LAl'\l> SURVEYORS
DATE 5 . "If,.,lf'ELD. t-Jo CoJZNEec; SoE.T
PHON],; (305) :\85.] nn:!
JOB NO. 1~/374 j:!:! ~()J;:'~'H "1\" STHEET . l.AI!]; WOIlTJI. FI.OH\I)A 3:14 no DWG. NO, (0374-
- ." _.-- .,.--- .-...... --. -..-....-,
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PARK .. ~: IDE f.RA Y
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lINCOl" RU GOLF I ~ i
: ~I I' BEA(,H
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=- i II
LOCATION MAP N. T. S.
/
,
/
.50.0 N -
20 I UTfL. 551)1';:' ~10aTGj~GE SURVEY..FOR:
_ IL.T. Dunn Hortgage Company
AND
~ Gary A. anG De bra J. Miller
~ 4855 Jeffet~on Road
~ Delrav ll~ach, Florida
J .
~
t:)
, .
, DESCRIPTION
,~() l.ot 49, SE~Ol;D ADDITION TO COUNTRY
~ Il( t.,' .. \) CLUB ACRf:S~ according to the Plat
~ . ~ I\A' ~ . In thereof as rHcorded in Plab Dook
'II I't) '" ~ l"\ /2.0 '- ?' I ~ \ bl' R f
" '?- ~ t1' "t ~,,'.:.l _4.t 'age ;.. Pu lC ecords 0
I \ ~ ~....::: Palm ne~Cll r:ounty, Florida.
6.9 2"'.8' /8;.3'
'~
x
"
080' SLOG
- \l .. - LINE
~~ ~
n.: :t ~ l-.. _~ ._.
. ., \q~ "" --\ ~ . .' I
.:) L.... '" ~ "J ~ ~ '~'.:-' :::5
so,o' ~
.. ~
~
JEFFERSON .ROAD
(PAV.c.o /6')
I HEREBY CERTIFY That the plat :;hown hereon is a true and corract representation of a survey of the property described in the
caption thereof, made under my direction, and is accurate to the best of my knowledge and belief, and that there arl~- no.~,apparent ,
encroachments, unl~ shown. ~ I t. n ~ ~::: -:-:
~,~~ ~~ :.' .'
Reglsterea Lana Surveyor, Florlaa Certlficate.NO: 7. 3'" 0 .'
SCALE I" -= - '
~O H( }Bl~R'J' A. 'J'URSO & CO.
DR 1.1/ A.
-. L' l.AKD SURVEYORS
DATEc.1,Q.."'>l.F1ELD. 1--10 COIZNEes SE.T
';:l 0 ( PHONE (305) 58:3.](19:')
JOB NO, 1 (p /374 72:.? :\'U);'!'J( "1\" STHEET · LAJ<E WOHTlI, Fl,OHIIlA 3~i-1no OW G. NO. Co 3 74-
_ ... _,,___ .....__ _"'__~'."''''''''''' __._ __"",___..r._...
MEMORANDUM
TO: MAYOR AND ~OMMISSIONERS
FROM: CI TY MANAG f\'\... ry ~
SUBJECT: AGENDA ITEM # Ci$'E.., - MEETING OF FEBRUARY 12, 1991
ACCEPTANCE OF WATER SERVICE AGREEMENTS
DATE: February 5, 1991
We have received four executed water service agreement from the owners
of property at ,4855 Jefferson Road, 4908 Jefferson Road, 4864
Jefferson Road and 4957 Jefferson Road in the Second Addition to
Country Club Acres subdivision located on the east side of Military
Trail, just south of Atlantic Avenue. These water service agreements
are necessary as a part of the extension of a water main into this
area and subsequent receipt of City water service.
Recommend acceptance of four water service agreements from property
owners at 4855 Jefferson Road, 4908 Jefferson Road, 4864 Jefferson
Road and 4957 Jefferson Road in the Second Addition to Ootmtry Club
Acres subdivision.
.
,
- " yQ5, JE- C.(? Et:Son f:CAD
AGREEMENT FOR WATER SERVICE
This agreement, made on this mh~ay of --'l~, "'n"~ , 192-1-,
by and between I, ~ trY. \1 i. (;O-.-\..F\ o.,;,:~~;, ) ,
hereinafter called the CUSTOMER, and he CITY OF DELRAY BEACH, a
municipal corporation of the State of Florida, hereinafter called
the CITY.
WITNESSETH, that the CUSTOMER, his heirs and assigns, for and
in consideration of the privilege of receiving water service from
the Municipal Water System, agrees to the following:
1- The CUSTOMER agrees to pay all costs of engineering,
materials, labor, supervision, inspection, testing in order to
install the total length of extension necessary, in the professional
opinion of the Director of Public Utilities, to provide service to
the CUSTOMER'S premises. The CUSTOMER shall be responsible for the
installation and conformance with all applicable codes, rules,
standards and regulations of all service lines, and connections on
the CUSTOMER'S premises. The CITY shall have the option to perform
the necessary work or the CITY may have such work performed by
outside forces in which case the CUSTOMER shall pay in advance all
estimated costs thereof. In the event the CITY has such work
performed, the CUSTOMER shall remit such advance funds and any
additional funds as may be necessary to pay for the actual completed
project for the extension of services.
2. Any main extension made under this agreement shall be used
only by the CUSTOMER, unl~ss permission is granted by the CITY for
other party or parties to so connect. If the CITY requires upsizing
or increased capacity beyond what is determined to be adequate by
the Director of Public Utilities in size and/or capacity, a pro-rata
refund will be made directly to the CUSTOMER by the CITY to
compensate these additional costs. The CITY may also require
alternative bids to document the increased sizes or capacity to
establish these cost differences. The CUSTOMER acknowledges that
its right to receive any refund pursuant to this paragraph is
subordinate to any and all requirements concerning the City's
outstanding water and sewer revenue bonds.
3. Title to all mains, extensions and other facilities
extending from the CITY water distribution system to and including
the meter to service the CUSTOMER shall be vested to the CITY
exclusively.
4. The CUSTOMER agrees to pay all charges, deposits, and
rates for service and equipment in connection with water service
outside the CITY limits applicable under CITY'S ordinances and rate
schedules which are now applicable or as may be changed from time to
time.
5. Any rights-of-way or easements necessary shall be provided
by the CUSTOMER.
6. It is understood by the CUSTOMER, and shall be binding
upon the CUSTOMER, his transferees, grantees, heirs, successors and
assigns, that all water to be furnished, supplied, and sold under
this agreement is made available from a surplus. If a surplus does
not exist at the time of CUSTOMER'S actual request for commencement
of service, as determined by the CITY'S Public Utilities Director,
, then the CITY without liability may refuse to initiate service to
the subject premises.
7. The CUSTOMER further agrees in consideration of the
privilege of receiving water service from said CITY, that the
execution of this agreement is considered a voluntary petition for
annexation pursuant to Section 171.044 of the Florida Statutes or
any successor or amendment thereto.
Rev. 10/27/87
J.I~ '.h.' I
.
. ~ Furthermore should any other general law, special act, or local law
be enacted ~hich provides for voluntary or consensual annexation,
this agreement shall also be considered a petition and request for
annexation under such other laws. The premises shall be subject to
annexation at the option of the CITY at any time they are eligible
under anyone or more of the above-referenced lay,s concerning
annexation. The legal description of the subject premises is as
fOllOWS:S.e(!!)LtJAJ):J U ~U{L;5 I LJ ~
,
The CUSTOMER acknowledges that this covenant for annexation is
intended to be and is hereby made a covenant running with the land
hereinabove described. That this agreement is to be recorded in the
public records of Palm Beach County, Florida, and that the CUSTOMER
and all subsequent transferees, grantees, heirs, successors and
assigns of CUSTOMER shall be bound by this annexation agreement.
8. It is hereby agreed that the CITY shall have no liability
for the termination of water service to the premises, if the City
Commission shall determine that it is appropriate to protect the
public health, safety and welfare of the property or inhabitants in
the City of Delray Beach, so long as the premises remain outside of
the CITY limits. In the event the City Commission makes such a
determination, the CITY 'shall be and is hereby authorized to
discontinue water service to the premises upon ninety (90) days
notice given by the CITY.
In the event that the City Commission of the CITY determines that it
is necessary to permanently discontinue water service to the above
property, then the CITY shall execute a recordable release of this
annexation agreement which shall be recorded at the expense of the
CUSTOMER.
9. In addition to the limitation of the CITY'S liability
under paragraph 8 above, it is agreed the CITY shall have no
liability in the event there is a reduction, impairment or
termination in water service to be provided under this agreement due
to any prohibitions, restrictions, limitations or requirements of
local, regional, state or federal agencies or other agencies having
jurisdiction over such matters. Also, the CITY shall have no
liability in the event there is a reduction, impairment or
termination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, earthquakes, other causalities or other
circumstances beyond the CITY'S reasonable control.
10. The CUSTOMER hereby agrees to indemnify, defend and hold
harmless the City of Delray Beach, Florida, its Mayor, members of
City Commission, officers, employees, and agents (both in their
individual and official capacities) from and against all claims,
damages, lawsuits and expenses, including reasonable attorneys' fees
(whether or not incurred on appeal or in connection with
post-judgment collection) and costs arising out of or resulting from
the CUSTOMER'S obligations under or performance pursuant to this
agreement.
. 11. No prior or present agreements or representations shall be
binding upon any of the parties hereto unless incorporated in this
agreement. No modification or change in this agreement shall be
valid or binding upon the parties unless in writing executed by the
parties to be bound thereby.
- 2 -
'I~ .
.
, granted by this is for the
12. The water use Agreement
quantity of -L tapIs) located on the property described in
p~Fagraph 7, above. The water shall be in conjunction with
l:,u >t:~ , _,~ ~_ use _ as ~f1picted upon.-, , t,he plan known as
. ;; ~", , /, U (I tl", ,{ (/" -1//) ,;?;:d' / //k-/ and approved by the
Delray Beach C' y Commiss~on on
Any water furnished under this agreement shall not be used for
irrigation purposes unless such use is specifically and separately
approved by the Director of Public Utilities.
13. As an expressed condition of this Agreement, the CUSTOMER
further agrees to abide by all ordinances of the CITY which are in
effect at the time of development, redevelopment, or renovation on
the site and which pertain to land use and development matters.
such matters include, but are not limited to signage, landscaping,
architectural review and approval, and the CITY'S formal site plan
review and approval processes. However, no development requirements
of the CITY shall be imposed which shall have the effect of
diminishing a County development standard or requirement. In such
cases, the CITY requirement shall be subservient and no further
action of waiver or variance shall be required.
14. Water service, pursuant to this Agreement, must be
activated within two years of the date of this Agreement or said
Agreement shall be void. This Agreement shall also become void upon
annexation to the City of Delray Beach.
Rev. 10/27/87
,
-
,
,
.,
- 3 -
" .
.
" . .
IN WITNESS WHEREOF the parties hereto have executed this agreement
the day and year first written.
WITNESSES:
0hl~ ~. Customer
. sto custome\J
ATTEST: CITY OF DELRAY BEACH
City Clerk MAYOR
LEGAL DESCRIPTION APPROVED
BY ENGINEERING DIVISION
FORM APPROVED BY CITY ATTORNEY
STATE OF )
COUNTY OF )
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the county aforesaid
to take acknowledgements, personally appeared "("'// /// I'li' I "';("G
; to me known to be the perso (s)
described in and who executed the foregoing instrument and
acknowledged before me that executed the same.
WI~NESS.my hand and OffiCi~2 seal in the Coun~y and State
last aforesald thls IL/<-J/7 day of , 1<2 H' {, ( (j/ ,19 L? / .
/ '
, <I: (. ) A ,7 tEAL)
(, 1'..-( ,'" .:1-' ,,I-. ,",If A /.~ ,-"");( 1-<-
. Not~ JNt?itkd
'.\ . STATE (j -FLORIDA,
'il' CO~j:.USS"h~ FV!'i':ltS. 1":11". 2a, 1994.
STATE OF) BuNJ.lI::O 'fIUW riO'fAll'!.' i'LcL1C' UNDUl.\UtHi::R.I,
COUNTY OF )
I HEREBY CERTIFY that on this day, before me an officer
duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared
and , well known to me to be the
President and Secretary respectively of the corporation named in the
foregoing agreement and that they severally acknowledged executing
the same in the presence of two subscribing witnesses freely and
voluntarily under authority duly vested in them by said corporation
and the seal affixed thereto in the true corporate seal of said
corporation.
WITNESS my hand and official seal in the county and State
last aforesaid this day of , 19 -
(SEAL)
Notary Public
STATE OF )
COUNTY OF )
, I HEREBY CERTIFY that on this day, before me an officer
duly authorized in the State and County aforesaid to take
, acknowledgements, personally appeared
j. and , well known to me to be the
Mayor and City Clerk respectively of the City named in the foregoing
agreement and that they severally acknowledged executing the same.
WITNESS my hand and official seal in the County and State
last aforesaid this day of' , 19
(SEAL)
Notary Public
Rev. 10/27/87
- 4 -
'.1. .
.1
!I -
I
! .
Agenda Item No.:
AGENDA REQUEST
Date: 2/5/91
Request to be placed on:'
c.. '1oS... f
xxx RegI::11B.~ Agenda Special Agenda Workshop Agenda
When: 2/12/91
Description of agenda item (who, what, where, how much): Request City
Cornission to approve the Water Service Agreement for Don Carragher,
4q~7 Jefferson Rd.. De1rav Beach. F1 33445, Country Club Acres
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends acceptance and apPIcval of this water se.nice
agreement.
...
--.-'.- ,-.
._._-~
Department Head Signature: 1t/1I A-pr>~.~~
Determination of Consistency with Comprehensive Plan:
"!"
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all ite.s involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
.jt'
City Manager Review:
, Approvedfor agenda: @ NO~ Z!iJ!'1/
:,.
,. Hold Unt~l:
l ~
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
APPLICATION
for
~ { WATER SERVICE AGREEMENT
Date: \ \.~ ctl
(1) Applicant Information:
Name of Project
(if applicable)
Name of Individual/s or Corporation
---:Do,J CNLO-W2.1l~:JL-.-
Address ~ :r-~~~~ evf ~O-.
City, State, Zip k-JdLur f1. :33 c( f/,j---
Address to Which Executed Agreement is to be Sent: \
(Leave blank if same as above) .
(2) Property Information:
L~GSbPtion2 $ac~ Ui~i~nt space)
Q:t~ ~... r::.L9. P<-~' ·
, .I~ ( ~ AJ
Location (in Layman's terms)
f
,.
\
i
~. Address
,
,
Present Zoning
Present Use
Proposed Use
4/23/84
I
.
AGREEMENT FOR WATER SERVICE
This agreement, made on thi~ .J.d..i.hday of 3~')t\nt('~ ' 19'7 ] ,
by and between L~t;-y\ \~). (~ .o9.~ J\ ) ,
hereinafter called the CUSTOMER, and he CITY OF DELRAY BEACH, a
municipal corporation of the State of Florida, hereinafter called
the CITY.
WITNESSETH, that the CUSTOMER, his heirs and assigns, for and
in consideration of the privilege of receiving water service from
the Municipal Water System, agrees to the following:
1. The CUSTOMER agrees to pay all costs of engineering,
materials, labor, supervision, inspection, testing in order to
install the total length of extension necessary, in the professional
opinion of the Director of Public Utilities, to provide service to
the CUSTOMER'S premises. The CUSTOMER shall be responsible for the
installation and conformance with all applicable codes, rules,
standards and regulations of all service lines, and connections on
the CUSTOMER'S premises. The CITY shall have the option to perform
the necessary work or the CITY may have such work performed by
outside forces in which case the CUSTOMER shall pay in advance all
estimated costs thereof. In the event the CITY has such work
performed, the CUSTOMER shall remit such advance funds and any
additional funds as may be necessary to pay for the actual completed
project for the extension of services.
2. Any main extension made under this agreement shall be used
only by the CUSTOMER, unl~ss permission is granted by the CITY for
other party or parties to so connect. If the CITY requires upsizing
or increased capacity beyond what is determined to be adequate by
the Director of Public Utilities in size and/or capacity, a pro-rata
refund will be made directly to the CUSTOMER by the CITY to
compensate these additional costs. The CITY may also require
alternative bids to document the increased sizes or capacity to
establish these cost differences. The CUSTOMER acknowledges that
its right to receive any refund pursuant to this paragraph is
subordinate to any and all requirements concerning the City's
outstanding water and sewer revenue bonds.
3. Title to all mains, extensions and other facilities
extending from the CITY water distribution system to and including
the meter to service the CUSTOMER shall be vested to the CITY
exclusively.
4. The CUSTOMER agrees to pay all charges, deposits, and
rates for service and equipment in connection with water service
outside the CITY limits applicable under CITY'S ordinances and rate
schedules which are now applicable or as may be changed from time to
time.
5. Any rights-of-way or easements necessary shall be provided
by the CUSTOMER.
6. It is understood by the CUSTOMER, and shall be binding
upon the CUSTOMER, his transferees, grantees, heirs, successors and
assigns, that all water to be furnished, supplied, and sold under
this agreement is made available from a surplus. If a surplus does
not exist at the time of CUSTOMER'S actual request for commencement
of service, as determined by the CITY'S Public Utilities Director,
" then the CITY without liability may refuse to initiate service to
the subject premises.
..
1 7. The CUSTOMER further agrees in consideration of the
I
., privilege of receiving water service from said CITY, that the
, execution of this agreement is considered a voluntary petition for
annexation pursuant to section 171.044 of the Florida statutes or
any successor or amendment thereto.
Rev. 10/27/87
.
Fu~thermore, should any other general law, special act, or local law
be enacted which provides for vOluntary or consensual annexation,
this agreement shall also be considered a petition and request for
annexation under such other laws. The premises shall be subject to
annexation at the option of the CITY at any time they are eligible
under anyone or more of the above-referenced laws concerning
annexation. The legal description of the subject premises is as
fOllOWS:513C!~)LtJAJ):;> {)UJfV5 Lj Co
A.\ I .~ .
- t.... - 1
6
IV --rzI'=:
The CUSTOMER acknowledges that this covenant for annexation is
intended to be and is hereby made a covenant running with the land
hereinabove described. That this agreement is to be recorded in the
public records of Palm Beach County, Florida, and that the CUSTOMER
and all subsequent transferees, grantees, heirs, successors and
assigns of CUSTOMER shall be bound by this annexation agreement.
8. It is hereby agreed that the CITY shall have no liability
for the termination of water service to the premises, if the City
Commission shall determine that it is appropriate to protect the
public health, safety and welfare of the property or inhabitants in
the City of Delray Beach, so long as the premises remain outside of
the CITY limits. In the event the City Commission makes such a
determination, the CITY "'shall be and is hereby authorized to
discontinue water service to the premises upon ninety (90) days
notice given by the CITY.
In the event that the City Commission of the CITY determines that it
is necessary to permanently discontinue water service to the above
property, then the CITY shall execute a recordable release of this
annexation agreement which shall be recorded at the expense of the
CUSTOMER.
9. In addition to the limitation of the CITY'S liability
under paragraph 8 above, it is agreed the CITY shall have no
liability in the event there is a reduction, impairment or
termination in water service to be provided under this agreement due
to any prohibitions, restrictions, limitations or requirements of
local, regional, state or federal agencies or other agencies having
jurisdiction over such matters. Also, the CITY shall have no
liability in the event there is a reduction, impairment or
termination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, earthquakes, other causalities or other
circumstances beyond the CITY'S reasonable control.
10. The CUSTOMER hereby agrees to indemnify, defend and hold
harmless the City of Delray Beach, Florida, its Mayor, members of
City Commission, officers, employees, and agents (both in their
individual and official capacities) from and against all claims,
damages, lawsuits and expenses, including reasonable attorneys' fees
(whether or not incurred on appeal or in connection with
post-judgment collection) and costs arising out of or resulting from
the CUSTOMER'S obligations under or performance pursuant to this
agreement.
f 11. No prior or present agreements or representations shall be
binding upon any of the parties hereto unless incorporated in this
,. agreement. No modification or change in this agreement shall be
I, valid or binding upon the parties unless in writing executed by the
parties to be bound thereby.
- 2 -
12. The water use granted by this Agreement is for the
quantity of -L. tap(s} located on the property described in
p~a~raph 7, above. The water shall be in conjunction with
'c. (~t) L ~ ,_ use as picted upon/_) / tpe plan known as
;/ I(! , - '.4?/. and approved by the
Beach C' y CommissJ.on on .
Any water furnished under this agreement shall not be used for
irrigation purposes unless such use is specifically and separately
approved by the Director of Public Utilities.
13. As an expressed condition of this Agreement, the CUSTOMER
further agrees to abide by all ordinances of the CITY which are in
effect at the time of development, redevelopment, or renovation on
the site and which pertain to land use and development matters.
Such matters include, but are not limited to signage, landscaping,
architectural review and approval, and the CITY'S formal site plan
review and approval processes. However, no development requirements
of the CITY shall be imposed which shall have the effect of
diminishing a County development standard or requirement. In such
cases, the CITY requirement shall be subservient and no further
action of waiver or variance shall be required.
14. Water service, pursuant to this 'Agreement, must be
activated within two years of the date of this Agreement or said
Agreement shall be void. This Agreement shall also become void upon
annexation to the City of Delray Beach.
Rev. 10/27/87
I, '
f'
"
- 3 -
IN WITNESS WHEREOF the parties hereto have executed this agreement
the day and year first written.
WITNESSES:
--.-.,-
Customer
ATTEST: CITY OF DELRAY BEACH
City Clerk MAYOR
LEGAL DESCRIPTION APPROVED
BY ENGINEERING DIVISION
FORM APPROVED BY CITY ATTORNEY
STATE OF )
COUNTY OF )
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in the county aforesaid
to take acknowledgements, personally appeared JI:/'r-It pI (l/L,() /~t'7/U
'; to me known to be the perso (s)
described in and who executed the foregoing instrument and
acknowledged before me that executed the same.
WITNESS my hanq and offici~ seal in the coun~ and State
last aforesaid this /'IJ/) day of ( '2... U{Jl! 19 L I .
,~(,~}J >';, j. ;=rALJ
/ Not t t&tpFit~ci .-.
A ~ , STATE (5 FLOR.mA.
MY COMMISSr<JN F.x!'mJ.ts. No'!. 23, 1')94.
STATE OF) BONDED 'f1I1W lIOTAR~ i'UJJUC UNDERWIUfl::RS.
'!
COUNTY OF )
I HEREBY CERTIFY that on this day, before me an officer
duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared
and , well known to me to be the
President and Secretary respectively of the corporation named in the
foregoing agreement and that they severally acknowledged executing
the same in the presence of two subscribing witnesses freely and
voluntarily under authority duly vested in them by said corporation
and the seal affixed thereto in the true corporate seal of said
corporation.
WITNESS my hand and official seal in the county and State
last aforesaid this day of , 19 .
(SEAL)
Notary Public
STATE OF )
COUNTY OF )
( I HEREBY CERTIFY that on this day, before me an officer
duly authorized in the State and County aforesaid to take
,. acknowledgements, personally appeared
, and , well known to me to be the
\ Mayor and City Clerk respectively of the City named in the foregoing
agreement and that they severally acknowledged executing the same.
WITNESS my hand and official seal in the County and State
last aforesaid this day of' , 19 .
(SEAL)
Notary Public
Rev. 10/27/87
- 4 -
.
MEMORANDUM
TO: COMMISSIONERS
FROM: CITY MANAG ~~~
SUBJECT: AGENDA ITEM # F - MEETING OF FEBRUARY 12, 1991
ACCEPTANCE OF WATER SERVICE AGREEMENTS
DATE: February 5, 1991
We have received four executed water service agreement from the owners
of property at ,4855 Jefferson Road, 4908 Jefferson Road, 4864
Jefferson Road and 4957 Jefferson Road in the Second Addition to
Country Club Acres subdivision located on the east side of Military
Trail, just south of Atlantic Avenue. These water service agreements
are necessary as a part of the extension of a water main into this
area and subsequent receipt of City water service.
Recommend acceptance of four water service agreements from property
owners at 4855 Jefferson Road, 4908 Jefferson Road, 4864 Jefferson
Road and 4957 Jefferson Road in the Second Addition to Cotmtr}. Club
Acres subdivision.
'" .
I
4'f5{;;L/ J~tf?~SGn f.oAD
AGREEMENT FOR WATER SERVICE
, 19'//,
,
a
called
WITNESSETH, that the CUSTOMER, his heirs and assigns, for and
in consideration of the privilege of receiving water service from
the Municipal Water System, agrees to the following:
1. The CUSTOMER agrees to pay all costs of engineering,
materials, labor, supervision, inspection, testing in order to
install the total length of extension necessary, in the professional
opinion of the Director of Public Utilities, to provide service to
the CUSTOMER'S premises. The CUSTOMER shall be responsible for the
installation and conformance with all applicable codes, rules,
standards and regulations of all service lines, and connections on
the CUSTOMER'S premises. The CITY shall have the option to perform
the necessary work or the CITY may have such work performed by
outside forces in which case the CUSTOMER shall pay in advance all
estimated costs thereof. In the event the CITY has such work
performed, the CUSTOMER shall remit such advance funds and any
additional funds as may be necessary to pay for the actual completed
project for the extension of services.
2. Any main extension made under this agreement shall be used
only by the CUSTOMER, unl~ss permission is granted by the CITY for
other party or parties to so connect. If the CITY requires upsizing
or increased capacity beyond what is determined to be adequate by
the Director of Public Utilities in size and/or capacity, a pro-rata
refund will be made directly to the CUSTOMER by the CITY to
compensate these additional costs. The CITY may also require
alternative bids to document the increased sizes or capacity to
establish these cost differences. The CUSTOMER acknowledges that
its right to receive any refund pursuant to this paragraph is
subordinate to any and all requirements concerning the City's
outstanding water and sewer revenue bonds.
3. Title to all mains, extensions and other facilities
extending from the CITY water distribution system to and including
the meter to service the CUSTOMER shall be vested to the CITY
exclusively.
4. The CUSTOMER agrees to pay all charges, deposits, and
rates for service and equipment in connection with water service
outside the CITY limits applicable under CITY'S ordinances and rate
schedules which are now applicable or as may be changed from time to
time.
5. Any rights-of-way or easements necessary shall be provided
by the CUSTOMER.
6. It is understood by the CUSTOMER, and shall be binding
upon the CUSTOMER, his transferees, grantees, heirs, successors and
assigns, that all water to be furnished, supplied, and sold under
this agreement is made available from a surplus. If a surplus does
not exist at the time of CUSTOMER'S actual request for commencement
of service, as determined by the CITY'S Public Utilities Director,
( then the CITY without liability may refuse to initiate service to
the subject premises.
: 7. The CUSTOMER further agrees in consideration of the
privilege of receiving water service from said CITY, that the
execution of this agreement is considered a VOluntary petition for
annexation pursuant to Section 171.044 of the Florida Statutes or
any successor or amendment thereto.
Rev. 10/27/87
fl. 'I,,,
I
. Furthermore should any other general law, special act, or local law
be enacted ~hich provides for voluntary or consensual annexation,
this agreement shall also be considered a petition and request fo~
annexation under such other laws. The premises shall be subject to
annexation at the option of the CITY at any time they are eligible
under anyone or more of the above-referenced laws concerning
annexation. The legal description of the subject premises is as
follows:
L~ f 7 /, {()t{l1fty c:lut Acrt'5 2",d All.
The CUSTOMER acknowledges that this covenant for annexation is
intended to be and is hereby made a covenant running with the land
hereinabove described. That this agreement is to be recorded in the
public records of Palm Beach County, Florida, and that the CUSTOMER
and all subsequent transferees, grantees, heirs, successors and
assigns of CUSTOMER shall be bound by this annexation agreement.
8. It is hereby agreed that the CITY shall have no liability
for the termination of water service to the premises, if the City
Commission shall determine that it is appropriate to protect the
public health, safety and welfare of the property or inhabitants in
the City of Delray Beach, so long as the premises remain outside of
the CITY limits. In the event the City Commission makes such a
determination, the CITY' shall be and is hereby authorized to
discontinue water service to the premises upon ninety (90) days
notice given by the CITY.
In the event that the City Commission of the CITY determines that it
is necessary to permanently discontinue water service to the above
property, then the CITY shall execute a recordable release of this
annexation agreement which shall be recorded at the expense of the
CUSTOMER.
9. In addition to the limitation of the CITY'S liability
under paragraph 8 above, it is agreed the CITY shall have no
liability in the event there is a reduction, impairment or
termination in water service to be provided under this agreement due
to any prohibitions, restrictions, limitations or requirements of
local, regional, state or federal agencies or other agencies having
jurisdiction over such matters. Also, the CITY shall have no
liability in the event there is a reduction, impairment or
termination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, earthquakes, other causalities or other
circumstances beyond the CITY'S reasonable control.
10. The CUSTOMER hereby agrees to indemnify, defend and hold
harmless the City of Delray Beach, Florida, its Mayor, members of
City Commission, officers, employees, and agents (both in their
individual and official capacities) from and against all claims,
damages, lawsuits and expenses, including reasonable attorneys' fees
(whether or not incurred on appeal or in connection with
post-judgment collection) and costs arising out of or resulting from
the CUSTOMER'S obligations under or performance pursuant to this
agreement.
, 11. No prior or present agreements or representations shall be
binding upon any of the parties hereto unless incorporated in this
agreement. No modification or change in this agreement shall be
valid or binding upon the parties unless in writing executed by the
parties to be bound thereby.
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,./. "PII
I
,
12. The w~ter use granted by this Agreement is for the
quantity of ____ tap(s) located on the property described in
para;[.,at, 7, above. The water shall be in conjunction with
res, r.... i.. use s depicte upon the plan known as
.2. and approved by the
Delray Beach Cit Commission on
Any water furnished under this agreement shall not be used for
irrigation purposes unless such use is specifically and separately
approved by the Director of PUblic Utilities.
13. As an expressed condition of this Agreement, the CUSTOMER
fu~ther agrees to abide by all ordinances of the CITY which are in
effect at the time of development, redevelopment, or renovation on
the site and which pertain to land use and development matters.
Such matters include, but are not limited to signage, landscaping,
architectural review and approval, and the CITY'S formal site plan
review and approval processes. However, no development requirements
of the CITY shall be imposed which shall have the effect of
diminishing a County development standard or requirement. In such
cases, the CITY requirement shall be subservient and no further
action of waiver or variance shall be required.
14. Water service, pursuant to this Agreement, must be
activated within two years of the date of this Agreement or said
Agreement shall be void. This Agreement shall also become void upon
annexation to the City of Delray Beach.
Rev. 10/27/87
,
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IN WITNESS WHEREOF the parties hereto have executed this agreement
the day and year first written.
WITNESSES:
g~l'-. IZ/,.J- O~~}JA-I
,
As to Customer Customer
ATTEST: CITY OF DELRAY BEACH
City Clerk MAYOR
LEGAL DESCRIPTION APPROVED
BY ENGINEERING DIVISION
FORM APPROVED BY CITY ATTORNEY
STATE OF ~/ i! (,'</ " ~ l
;1' ' .
COUNTY OF l (", [5.'1,'/' )
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in t~e county , aforesaid
1;o,takfil)acknor'ledgements, personally appeared /;./.,~,l //.' 'I"
(i-Jlci,{ \. 11-(",+- " to me known to be the person(s)
described in and who executed the foregoing instrument and
acknowledged before me that executed the same.
WI~NESs,my hand and official)seal in the County and State
last aforesa1.d th1.S <r:.JJ, day of ~ I ,ute, , ,I , 19 (1/ .
1-:/ //[.
)/~I:"~t...." ~ '~'IJLU.iSEAL)
Notar'l/'o~ C, STA. OF FLORIDA. ~
MY COMMISSION E:.PIIlES, Nov. 2~. 1994.
STATE OF ) JJQI\DJiO rmw NOTAB.l' PUBLIC UNDERWRITERS.
COUNTY OF )
I HEREBY CERTIFY that on this day, before me an officer
duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared
and , well known to me to be the
President and Secretary respectively of the corporation named in the
foregoing agreement and that they severally acknowledged executing
the same in the presence of two subscribing witnesses freely and
vOluntarily under authority duly vested in them by said corporation
and the seal affixed thereto in the true corporate seal of said
corporation.
WITNESS my hand and official seal in the county and State
last aforesaid this day of , 19 -
(SEAL)
Notary Public
STATE OF )
COUNTY OF l
, I HEREBY CERTIFY that on this day, before me an officer
duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared
., and , well known to me to be the
Mayor and City Clerk respectively of the City named in the foregoing
agreement and that they severally acknowledged executing the same.
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 19
(SEAL)
Notary Public
Rev. 10/27/87
- 4 -
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Agenda Item No. :
AGENDA REQUEST
Date: 2/5 /91
Request to be placed on:'
u......<(f-
xx Regu.h!tt" Agenda Special Agenda Workshop Agenda
When: 2/12/91
Description of agenda item (who, what I where I how much): ~uest City
Commission to approve the Water Service Agreement for Patrick and C n y
J. Robert. 4864 Jefferson Road, De1ray Beach, FL 33445 Country Club Acres.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends acceptance and approval of this water
~prvi~p a~reement.
...
---.- ,." .-.
-~-'
Department Head Signature: ~I/ Lp-U.!Of 7J)
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: NO~ 'If,s)CJ)
~ Approved for agenda: e
"1,.
'" Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
APPLICATION
fo r
WATER SERVICE AGREEMENT
Date: I /8/11
, ,
(1) Applicant Information:
Name of Project
(if applicable)
Name of lndividual/s or Corporation PtI fr,'c k /'1, Qhd
t. LJn dy ..J I Rpjert
/
Address '-I ~o 'I J e f' ..(.!e'JP n f(pa d
City, State, Zip f)e If-If,! t~. J FL 339'1'S
.
Person to Contact and Phone Number fair/(. k !<f)ber f
&fd)- iJ?tY- 76~r 'r-
Address to Which Executed Agreement is to be Sent:
(Leave blank if same as above) - \
( 2 ) Property Information:
Legal Description: (attach if insufficient space)
L"f 7? I CO/,/1< fr7 C It//; J)creJ ;l" J t4JJ,
Location (in Layman's terms)
r'
"
J .' I '-I <a- b L} ,.7etJer.$~J1 !bt:/d ;.')e)ra" J5el,., 'pi- 3 5'1'i~
., Address
! /
Present Zoning AJR.
,
Present Use /2 e$/ Jr" -Her I
Proposed Use f(~ ; de"J4a"
4/23/84
.
AGREEMENT FOR WATER SERVICE
, 19 ij I ,
,
a
called ,
WITNESSETH, that the CUSTOMER, his heirs and assigns, for and
in consideration of the privilege of receiving water service from
the Municipal Water System, agrees to the following:
1. The CUSTOMER agrees to pay all costs of engineering,
materials, labor, supervision, inspection, testing in order to
install the total length of extension necessary, in the professional
opinion of the Director of Public Utilities, to provide service to
the CUSTOMER'S premises. The CUSTOMER shall be responsible for the
installation and conformance with all applicable codes, rules,
standards and regulations of all service lines, and connections on
the CUSTOMER'S premises. The CITY shall have the option to perform
the necessary work or the CITY may have such work performed by
outside forces in which case the CUSTOMER shall pay in advance all
estimated costs thereof. In the event the CITY has such work
performed, the CUSTOMER shall remit such advance funds and any
additional funds as may be necessary to pay for the actual completed
project for the extension of services.
2. Any main extension made under this agreement shall be used
only by the CUSTOMER, unl~ss permission is granted by the CITY for
other party or parties to so connect. If the CITY requires upsizing
or increased capacity beyond what is determined to be adequate by
the Director of Public Utilities in size and/or capacity, a pro-rata
refund will be made directly to the CUSTOMER by the CITY to
compensate these additional costs. The CITY may also require
alternative bids to document the increased sizes or capacity to
establish these cost differences. The CUSTOMER acknowledges that
its right to receive any refund pursuant to this paragraph is
subordinate to any and all requirements concerning the City's
outstanding water and sewer revenue bonds.
3 . Title to all mains, extensions and other facilities
extending from the CITY water distribution system to and including
the meter to service the CUSTOMER shall be vested to the CITY
exclusively.
4. The CUSTOMER agrees to pay all charges, deposits, and
rates for service and equipment in connection with water service
outside the CITY limits applicable under CITY'S ordinances and rate
schedules which are now applicable or as may be changed from time to
time.
5. Any rights-of-way or easements necessary shall be provided
by the CUSTOMER.
6. It is understood by the CUSTOMER, and shall be binding
upon the CUSTOMER, his transferees, grantees, heirs, successors and
assigns, that all water to be furnished, supplied, and sold under
this agreement is made available from a surplus. If a surplus does
not exist at the time of CUSTOMER'S actual request for commencement
of service, as determined by the CITY'S Public Utilities Director,
,. then the CITY without liability may refuse to initiate service to
the subject premises.
<'
\ 7. The CUSTOMER further agrees in consideration of the
I
., privilege of receiving water service from said CITY, that the
execution of this agreement is considered a voluntary petition for
annexation pursuant to Section 171.044 of the Florida Statutes or
any successor or amendment thereto.
Rev. 10/27/87
Furthermore, should any other general law, special act, or local,law
be enacted which provides for voluntary or consensual annexatlon,
this agreement shall also be considered a ~etition and requ:st for
annexation under such other laws. The premlses shall be subJect to
annexation at the option of the CITY at any time they are eligi~le
under anyone or more of the above-referen~ed laws ,conc7rnlng
annexation. The legal description of the subJect premlses 1S as
follows:
~ f "7 /, [tJt1~f~ L/U~ 4cm lP1d A-rlrI.
The CUSTOMER acknowledges that this covenant for annexation is
intended to be and is hereby made a covenant running with the land
hereinabove described. That this agreement is to be recorded in the
public records of Palm Beach County, Florida, and that the CUSTOMER
and all subsequent transferees, grantees, heirs, successors and
assigns of CUSTOMER shall be bound by this annexation agreement.
8. It is hereby agreed that the CITY shall have no liability
for the termination of water service to the premises, if the City
Commission shall determine that it is appropriate to protect the
public health, safety and welfare of the property or inhabitants in
the City of Delray Beach, so long as the premises remain outside of
the CITY limits. In the event the City Commission makes such a
determination, the CITY "shall be and is hereby authorized to
discontinue water service to the premises upon ninety (90) days
notice given by the CITY.
In the event that the City Commission of the CITY determines that it
is necessary to permanently discontinue water service to the above
property, then the CITY shall execute a recordable release of this
annexation agreement which shall be recorded at the expense of the
CUSTOMER.
9. In addition to the limitation of the CITY'S liability
under paragraph 8 above, it is agreed the CITY shall have no
liability in the event there is a reduction, impairment or
termination in water service to be provided under this agreement due
to any prohibitions, restrictions, limitations or requirements of
local, regional, state or federal agencies or other agencies having
jurisdiction over such matters. Also, the CITY shall have no
liability in the event there is a reduction, impairment or
termination of water service due to acts of God, accidents, strikes,
boycotts, blackouts, fire, earthquakes, other causalities or other
circumstances beyond the CITY'S reasonable control.
10. The CUSTOMER hereby agrees to indemnify, defend and hold
harmless the City of Delray Beach, Florida, its Mayor, members of
City Commission, officers, employees, and agents (both in their
individual and official capacities) from and against all claims,
damages, lawsuits and expenses, including reasonable attorneys' fees
(whether or not incurred on appeal or in connection with
post-judgment collection) and costs arising out of or resulting from
the CUSTOMER'S obligations under or performance pursuant to this
agreement.
; 11. No prior or present agreements or representations shall be
binding upon any of the parties hereto unless incorporated in this
\ .. agreement. No modification or change in this agreement shall be
'. valid or binding upon the parties unless in writing executed by the
parties to be bound thereby.
- 2 -
12. The w~ter use granted by this Agreement is for the
quantity of ____ tap(s) located on the property described in
para~a~h 7 , above. The water shall be in conjunction with
re~~ (" iA 1 use s depicte upon the plan known as
c :2" and approved by the
Delray Beach Cit Commission on .
Any water furnished under this agreement shall not be used for
irrigation purposes unless such use is specifically and separately
approved by the Director of Public Utilities.
13. As an expressed condition of this Agreement, the CUSTOMER
further agrees to abide by all ordinances of the CITY which are in
effect at the time of development, redevelopment, or renovation on
the site and which pertain to land use and development matters.
Such matters include, but are not limited to signage, landscaping,
architectural review and approval, and the CITY'S formal site plan
review and approval processes. However, no development requirements
of the CITY shall be imposed which shall have the effect of
diminishing a County development standard or requirement. In such
cases, the CITY requirement shall be subservient and no further
action of waiver or variance shall be required.
14. Water service, pursuant to this Agreement, must be
activated within two years of the date of this Agreement or said
Agreement shall be void. This Agreement shall also become void upon
annexation to the City of Delray Beach.
Rev. 10/27/87
I. .
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IN WITNESS WHEREOF the parties hereto have executed this agreement
the day and year first written.
WITNESSES:
~~I~ o~./fJkt
.
As to Customer Customer
ATTEST: CITY OF DELRAY BEACH
City Clerk MAYOR
LEGAL DESCRIPTION APPROVED
BY ENGINEERING DIVISION
FORM APPROVED BY CITY ATTORNEY
STATE OF ~lt'L(('~1 ':,j )
{l7 ,&, , )
COUNTY OF !t.1::/./ YC{e')1
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State aforesaid and in tpe c?unty 1 aforesaid
:t:p"takt>ack>>o,l~gements, personally appeared /hlz{t'I, -/1'1 ('(Ii,'./
{Ind( ,1 t-(:<-e ~ . \,; to me known to be the pe r son ( s )
descrioed in and who executed the foregoing instrument and
acknowledged before me that executed the same.
WI~NEss.my hand and officia~2seal in the County and State
last aforesa~d th~s x..fh day of ~ l--HaC{ /u / , 19 G .
,~ l
~' Il,~ LU (SEAL)
Notar'lio~ . C, STI\: OF FLORIDA. 'i
MY COMMISSION EXI'lRES: Nov, 211, 1994.
STATE OF ) IlONDED TURU NOTARY (,UBLIC UNDERWRITERS.
COUNTY OF )
I HEREBY CERTIFY that on this day, before me an officer
duly authorized in the State and County aforesaid to take
acknowledgements, personally appeared
and , well known to me to be the
President and Secretary respectively of the corporation named in the
foregoing agreement and that they severally acknowledged executing
the same in the presence of two subscribing witnesses freely and
voluntarily under authority duly vested in them by said corporation
and the seal affixed thereto in the true corporate seal of said
corporation.
WITNESS my hand and official seal in the county and State
last aforesaid this day of , 19 .
(SEAL)
Notary Public
STATE OF )
COUNTY OF )
, I HEREBY CERTIFY that on this day, before me an officer
dUly authorized in the State and County aforesaid to take
" acknowledgements, personally appeared
. and , well known to me to be the
j'
.\
\ Mayor and City Clerk respectively of the City named in the foregoing
agreement and that they severally acknowledged executing the same.
WITNESS my hand and official seal in the County and State
last aforesaid this day of , 19 .
(SEAL)
Notary Public
Rev. 10/27/87
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~&-x- !r
SUBJECT: AGENDA ITEM # 8' - MEETING OF FEBRUARY 12, 1991
DELETION OF MID-FEDE L HIGHWAY BEAUTIFICATION PROJECT
DATE: February 5, 1991
This item is on your agenda for formal action and follows direction
received at your February 5th workshop meeting regarding the deletion
of the Mid-Federal Highway Beautification Project (between S.~ 10th
Street and N.E. 8th Street) from the Comprehensive Beautification
Plan.
Several areas exist where the funding diverted from this project may
be applied. Currently, some of the funding could be used to cover
overages from Pineapple Grove Way. Staff is reviewing other areas in
the City where funding may be applied. A complete staff
recommendation will be presented at a future date.
Recommend deletion of the Mid-Federal Highway (between S.W. 10th
Street and N.E. 8th Street) from the Comprehensive Beautification
Plan.
" .
, Agenda Item No.:
AGENDA REQUEST
-
Date: 2-6-91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: February 12, 1991
Description of
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Delete Mid-Federal Higwhay from the Comprehensive Beautification
Plan, and divert funds to cover overages from Pineapple GLuve Way aud u:vlew uLh""L
areas in the City, such as Military Iral1 tor the use or ~he funds.
Department Head Signature: Lula Butler
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:
f City Manager Review: @ N<a'2-~J"r1
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
" .
I
MEMORANDUM
To: City Commissioners
-
Through: David Harden, City Manager
Lu1a Butler, Community Improvement Director
From: Nancy Davila, Horticulturist/Special Projects Coordinator 0/0
Re: PROPOSED DELETION OF MID-FEDERAL HIGHWAY FROM COMPREHENSIVE
BEAUTIFICATION PLAN
Date: January 29, 1991
BACKGROUND
Mid-federal Highway (between Linton Boulevard and N.E. 8th Street) was
targeted for beautification though the 1987 Utility Tax Bond. The master
plan for the area prepared by H. Kurt Kettelhut & Associates proposed 5th
and 6th Avenues to be lined with Palm Trees on both sides and landscaped
nodes at the intersections planted with shade trees.
As plans evolved from the conceptual stage to the development of working
drawings, it was determined that the right-of-way was basically paved from
curb to curb. In November 1989, Mr. Kette1hut returned to the City
Commission to inform them of the physical contraints and to get some
direction regarding scaling down the project.
At that time it was agreed that no landscaping would be attempted adjacent
to the interior lanes of East 5th and 6th Avenues (ie., the west side of 6th
and the east side of 5th Avenue) due to the fact that there were no parallel
parking spaces to convert to landscaped areas, and they did not feel it was
prudent to install trees within the sidewalk.
The final concept was to provide landscaped nodes at the intersections and
to convert parking spaces mid-block adjacent to the east side of 6th and the
west side of 5th as needed to provide additional areas for shade trees.
Mr. Kettelhut's contract with the City was terminated i~ December 1989 and
working drawings were never received to move forward with the project.
RECOMMENDATIONS
I feel that this project should be deleted as a target area for several
reasons. Primarily, I think that the landscaping provided by businesses
fronting on Federal Highway is steadily improving, and as infill properties
are developed it will continue to improve.
From a traffic standpoint, I think we have demonstrated that the addition of
1
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landscaped nodes at the intersections limits truck traffic. While this may
be acceptable to restrict such movement on East Atlantic Avenue, businesses
on Federal Higwhay rely heavily on truck deliveries.
In view of D.O.T.'s track record, it is doubtful that they would approve of
a plan to severely limit the turning radii.
From a maintenance standpoint, isolated landscaped nodes the entire length
of Federal Highway from Linton to N.E. 8th Street would be a nightmare. No
irrigation would be able to be provided in these distant areas, so hand
watering would be required. Safely parking a watering truck would be quite a
feat in itself.
In their final report of the Beautification Task Force, prepared in July of
1990, the B.T.F. recommended, and I concurr, that the money would be better
spent on Military Trail, or some other major beautification project for the
City. Although the uncommitted balance for this area reflects that
$144,097.90 is available, roughly $290,000 was originally budgeted for this
project, with the remaining funds to come from the $192,308.76 reimbursed to
the City through the Highway Administration Council Grant.
2
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BEAUTIFICATION TASK FORCE
John Me Kenna, Chairman
701 South Federal Highway
Delray Beach, Florida 33483
July 27. 1990
Mr. David Harden, City Manager
100 N.W. 1st Avenue
Delray Beach, Florida, 33444
Re: FINAL REPORT OF THE BEAUTIFICATION TASK FORCE (BTF)
Dear Mr. Harden:
It was the consensus of the City Commission at their Workshop on July 17,
1990 to dissolve the Beautification Task Force in its current form. As
requested by the Commission, the following is submitted as the final report
of the Beautification Task Force.
The Committee was originally established as the Beautification Trust Fund by
Ordinance 66-85, which became effective July 19, 1985. The ordinance was
fairly broad based with respect to duties of the Committee. Although the
B.T.F. was charged with overseeing City wide beautification efforts,
developing and overseeing the implementation of the 'Comprehensive
Beautification Plan for Arterial and Collector Road Rights-of-way' was the
Committee's primary focus.
Early in the process the B.T.F. determined the target areas, recommended the
funding source of a 1% increase in the utility tax, and participated in the
selection of a Consultant to design the projects. Later the Committee
reviewed design plans, kept the Commission informed of the project status
and monitored the overall progress of the Comprehensive Beautification Plan.
The 1% increase in the utility tax was used as the funding source to pay
back the debt service on $3 million dollars that was earmarked for the
Comprehensive Beautification Plan as part of the 1987 utility tax bond
issue.
In December of 1989', the City Commission terminated the services of the
Consulting Firm of H. Kurt Kettelhut & Associates, leaving the design aspect
to be done by City Staff. The B.T.F. supported the Commission's termination
action, but Kettelhut's termination has put many areas behind schedule as we
were left with several areas that had plans that were close to being
finished. but still in an unusuab1e form. We also found, during the process,
1
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that many target areas had to be delayed due to pending roadway
improvements.
TARGET AREAS COMPLETED OR UNDER CONSTRUCTION
East Atlantic Avenue
Phase I - This is the area between Swinton Avenue and
East 5th Avenue. The B.T.F. contributed
$650,000 toward the paverblocks and landscape
improvements. The CRA contributed $1 million
for the balance of Phase I.
West Linton Boulevard - This is the area between Congress Avenue and
Military Trail. Total project cost
$237,012.00.
Homewood Boulevard - This project extends from Linton Boulevard to
Lowson Boulevard. Total project cost
$46,319.11.
East Linton Boulevard - Extends from 1-95 Interchange to A-I-A. Total
project cost $99,387.50.
Atlantic Avenue/
1-95 Interchange - 1-95 Interchange, received grant funds from
Highway Beautification Council in the amount
of $116,778.76. Total proj ect cost
$204,757.52.
Linton Bou1evard/
1-95 Interchange - 1-95 Interchange, received grant funds from
Highway Beautification Council in the amount
of $75,530.00. Total project cost $184,707.37.
West Atlantic Avenue - This is the area between Swinton Avenue and 1-
95 Interchange. Received grant funds from the
Highway Beautification Council in conjunction
with the Interchange improvements. Total
project cost $ 87,688.63.
N.E. 8th Street - Extending from Federal Highway to A-I-A. Total
project cost $51,117.50.
West Atlantic Hamlet - This comprised the two medians on either side
of the Hamlet entrance. Total project cost was
$26,742.45.
North Federal Highway - Extending from N.E. 8th Street to Gu1fstream
Boulevard. The Notice to proceed for
construction has been issued. Bids awarded in
the amount of $121,970.55.
2
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North Congress Avenue - This is the area from Lake Ida Road to the
north city limits. The contract has been
awarded and pending execution of the contract,
construction will commence. Bids awarded in
the amount of $107,231.43.
City Entrance Signs - Signs are currently under construction and
should be completed within two weeks. Bids
awarded in the amount of $15,283.00. Although
under the perview of the B.T.F., this project
was funded from the surplus in the utility tax
fund and not from the bond proceeds
themselves.
UNFINISHED BUSINESS
In accordance with the Commission's wishes, we are describing the
uncompleted roadways that are part of the Comprehensive Beautification Plan.
We anticipate that the city staff will complete the unfinished design work
and administer the bidding and construction. The following is a status of
roadways to be completed:
South Federal Highway - City staff has been working with F.D.O.T. for
over a year trying to get approvals on the
landscape plans. Although the City's plans did
include curbing, D.O.T. is requiring that all
curbing be brought up to their current
standards. Plans have been revised numerous
times and several meetings have been held to
resolve this issue. Plans are currently under
review and we hope to have some feedback
shortly. $197,248.00 has been committed toward
this project.
Congress Avenue - This includes the area between Lake Ida Road
and Linton Boulevard. Design Plans are
currently being prepared and will be routed
directly to the City Commission for comments.
Plans should be ready for the August 28, 1990
Commission meeting. $179 , 680 has been
committed toward this project.
South Dixie Highway - Plans prepared by the original consultant, H.
Kurt Kettelhut, seemed to concentrate on the
east side of Dixie , adjacent to the car
dealerships that have, to date, provided a
fairly solid treeline. The area we feel needs
to be buffered is the Railroad. Mr. Kette1hut
evidently did not consult with the F.E.C.
Railroad prior to design development as we
have since found that the F.E.C. will not
permit anything over 2 feet in height to be
planted in this area. This project is
3
'"
consequently on hold. $54,060.00 was committed
toward this project based on Kette1hut's plans
which will be revised.
Mid -Federal Highway - Original concepts presented by Kettelhut would
require the creation of intersection nodes and
the removal of selected parking spaces to
accommodate landscaping. In view of D.O.T.'s
track record, it is doubtful that they would
approve such a plan, or if it is something
that we even want to support. The initial
premise for design needs to be revisited by
the Commission. The Beautification Task Force
feels that this money may be better spent on
Military Trail. Roughly $290,000 was committed
toward this project, although the budget sheet
combines this area with North Federal Highway
and does not reflect the reimbursement to the
project funding as a whole from the Highway
Beautification Council for $200,000.00.
Lake Ida Road - This project is on hold until the road
widening is completed. $193,000 has been
committed toward Lake Ida Road.
S. W. 10th Street - This project involved the area between
Federal Highway and Congress Avenue and is on
hold due to proposed road reconstruction.
$47,959 has been committed toward this project
based on Kettelhut's original projections.
Pineapple Grove Way - This project includes the area on N.W. 2nd
Avenue between East Atlantic Avenue and N.E.
4th Street. $80,000 was committed toward the
project, but the funds were allocated from the
utility tax surplus and not from the bond
issue itself . $25,000 of this is to pay for
sculptures and the balance for landscaping at
intersection nodes and trees within the
sidewalk. This project has been delayed as
base plans from Kettelhut's office have not
been available due to contract settlement
disputes. The City is currently executing a
contract with an Engineering Firm to prepare
the base plans and engineering drawings to put
the project out to bid.
FUTURE DIRECTIONS
As the Beautification Task Force concludes its business, we would like to
make a few recommendations concerning the future of the beautification
program in Delray Beach. We essentially see two aspects of beautification
that require citizen input or involvement.
4
I
Planning and Execution of Projects
Funds totalling $241,249.00 earmarked for Lake Ida Road and s.E./s.w. 10th
Street remain unspent from the $3 million bond issue because these roadways
could not be beautified due to pending construction. The $290,000 slated for
Mid-Federal highway needs to be revisited with the thought that the money
may be better spent on Military Trail. These projects will need citizen's
input.
Additionally, the Decade of Excellence Bond includes landscape improvements
for Swinton Avenue, West Atlantic Avenue (between Congress and Military) ,
Barwick Road, and hardscape (paverblock) installation to the West Atlantic
Avenue Corridor (1-95 to Swinton Avenue). These projects will also need
citizen's input.
We feel that there should be a broad based committee of concerned and
knowledgeable citizens involved in the planning and execution of these
projects. We do not see the best interest of the Community being served by
delegating this function to a pre-existing committee which already has
designated goals and would feel 'forced' to consider new types of problems
that would divert efforts from their major objective.
Maintenance of Beautification Projects
The City has a large capital investment in landscaping and the B.T.F. can
not emphasize enough the importance in the long term maintenance of these
areas. The Park's Department is currently contracting out the maintenance of
these areas and administering the contractor's compliance with the
provisions of the contracts. The Park's department is still responsible for
the maintenance and operation of all irrigation 'systems, however, and this
respresents many man hours to oversee this aspect.
When the 1% utility tax was voted in by the Commission, the original
proposed use of those funds was for two purposes. First, the tax was to fund
the bond issue so the $3 million would be readily available to make
beautification improvements over a short period of time. Second, the excess
tax dollars beyond those needed to fund the bond issue were to be used for
maintenance expenses incurred for the new beautification projects.
The Park's Department currently funds 3 labor positions ( 1 person to keep
after East Atlantic Avenue and 2 irrigation people) and all costs associated
with the maintenance of the beautiification projects that have come on line.
We feel that it is imperative that the Commission be aware of the purpose of
these funds and not divert them to alternate uses in order to ensure the
high quality maintenance that is required, and to avoid a fiscal deficit a
few years from now, at which time maintenance costs would have to be carried
through an increase in adva10rem taxes. If appointed, the new Beautification
Committee should serve as a 'watch dog' for these funds.
It is also important to note that funds originally earmarked for Atlantic
Avenue between 1-95 and Military Trail were to have been transferred from
that account to pay for cost overruns associated with Phase II of East
5
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Atlantic Avenue. Evidently the money was not needed for Atlantic Avenue
Phase II as the funds were never transferred. The reason funds are included
in the Decade of Excellence Bond for West Atlantic Avenue is that funds were
presumed to have been transferred out of the Utility Tax Bond. After
expenditures were made for the West Atlantic Avenue/Hamlet Medians the fund
balance was $205,257.55. Obviously, we now have funds identified from two
different sources for West Atlantic Avenue.
In summary, we feel, generally, that the beautification function is
deserving of a separate committee designation. Several million dollars have
been and will be infused into the City for beautification. It is important
that the opportunity for citizen input and involvement be afforded.
Specifically, we recommend the following:
l. The formation of a committee representing the diverse interests of the
Community, which would function as a 'clearing house' for all public
projects that would impact landscaping and beautification within the
City.
2. Funds intended for maintenance (the surplus collected from the utility
tax) should not be tapped for other projects. Funds must be segregated
to pay for the current and future maintenance of these projects to
avoid a deficit that will have to be funded with alternate sources with
negative implications to all.
We thank you for our opportunity to serve the City and to contribute to the
success of the City's Comprehensive Beautification Plan.
W~:;:~
ohn Mc Kenna, Chairman'
Beautification Task Force
c: B.T.F. Committee Members
Nancy Davila, Horticulturist/Special Projects Coordinator
6
I
CGMPREHENSIVE BEAUTIFIC~TION PLAN - FUND BALANCE AS OF jULY 24, 1990
AVAILABLE FUN~S CONSTRUCTION COSTS ElPENDITJRES REI~BURBSABLES BALANCE
----------------------------------------------------------------------------------------------------------------------
BEAUTIFICATION BOND $3,000.000.00 $3,000,000.00
HIGHWAi 8EAUTIFICATION GRANT $200, l;OI). 00 $3,200,000.00
EAST ATLANTIC ~VE $650,000.00 $2,550,000.00
HOI'\E\llCOD BLVD S46,3P.ll $2,503,680.89
UNiON BLVD (EAST ~ WEST) $336,399.50 $2,167,281.39
WEST ATLANTIC AVE $87,688.63 $2,079,592.76
WEST ATLANTIC AVE/I-95 $204,757.52 $1,874,835.24
LINTON BLVD/I-95 $IB4,707.37 $1,690,127.87
SOUTH FEDERAL HIGHWAY $197,248.00 $1,492,879.87
HE 3TH STREET $51 ,t 17. SO $1,441,762.37
NORTH FEDERAL HIGHWAY U21.970.55 $1,319,791.82
NORTH CONGRESS AVE. U07,231.:'3 $1,212~560.39
~ID-FE~ERAl HIGHwAY $290,000.00 * $9~2,S60.39
IIID-CONGRESS AVE $179.680.00 * $742,S80.39
DIXIE HIGHWAY )54,060.00 * $688,820.39
LAKE IDA ROAD '193,290.:)0 * s495,530.39
W ATLANTIC AVE/I-95 TO MILIT. $205,257.55 * $290,272.84
W ATLANTIC AVEfH~I'\LET KEDIANS $26,742.45 $263,530.39
SE/SW 10TH STREET $47 ~ 959 .00 * 5215,571.39
CONSULTANT'S FEES TO DATE $129,000.00 $87,571. 39
PROJECTED CONSULTANT'S FEES $16,000.00 $71.571. 39
PROFESSIONAL LIABILITY INS $11,717.00 $59,854.39
BLUEPRINTING ~ REPRODUCTiONS $6,940.53 $52,913.86
AERIALS l GROUND SURVEYS $15,399.50 $37,514.36
ADVERTISEMENTS FOR BID $334.62 $37,179.74
PROJECTED DRAFTING FEES $5,000.00 $32,179.74
IN HOUSE COSTS (TO DATE) $4,150.00 $28,029.74
======================================================================================================================
$3,200, :)00.00 $2,984,423.61 $144.000.00 $34,391.&5 $37,179.74
* Committed Costs. not actiual construction costs.
7
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. ~ .
MEMORANDUM
TO: MAYOR AND C~OMMISSIONERS
/
FROM: CITY MANAGE \(r'\...\'K
SUBJECT: AGENDA ITEM ~. '~ - MEETING OF FEBRUARY 12 1991
REQUESTS FOR WAIVER OF STAGE RENTAL FEES
DATE: February 5, 1991
Below are two requests for waiver of the rental fee for the use of our
stages:
A. We received a request for waiver of the rental fee for the
use of the large City-owned stage at a rally in Veterans Park, on
February 16th, in support of the troops serving in the Persian
Gulf.
B. We received a request for for waiver of the rental fee for
the use of the small City-owned stage on Linton Boulevard for the
Soapbox Derby to be held on February 16th.
The fee for rental of these stages is $350.00 for the large stage and
$250.00 for the small stage. Approval of these requests are
consistent with previous Commission action.
Recommend approval of request for waiver of stage rental fees for use
of the large stage at a rally in Veterans Park, on February 16th, ~n
support of the troops serving in the Persian Gulf and approval of
request for waiver of stage rental fees for use of the small stage on
Linton Boulevard for the Soapbox Derby to be held on February 16th.
<?H
" .
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Agenda I tern No. :
AGENDA REQUEST
Date: February 4, 1991
Request to be placed on:
x Regular Agenda Special Agenda Workshop Agenda
Consent
When: February 12, 19<:)1
Description of agenda item (who, what, where, how much): Request to
waive stage rental fee of $250.00 for a rally to be held at Veterans~ark on
February ~ 1991 in support of our troops in the Gulf.
I"
ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Recommenda tion: Recommend approval
Department Head Signature:
Determination of Consistency Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review: &/ NO 1M
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
.
~
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Agenda Items - Waiver of Stage Rental Fees
DATE: February 7, 1991
On January 31, 1991 and February 4, 1991 I received two separate
requests for the waiver of fees for the use of our stage. Mr.
Jerry Brown was referred to me by the City Manager's Office on
January 31, 1991 and is going to have a rally in support of our
troops in the Gulf on February 16, 1991 at Veterans' Park and
requested use of our stage.
Mr. David Brow contacted me on February 4, 1991 to also use the
stage on February 16, 1991 for the Soap Box Derby. City
Commission has previously approved the closing of Linton Blvd.
for this event.
I recommend the fee be waived for the use of the large stage in
the amount of $350.00 for use in the rally to support our troops
in the Gulf. I further recommend that the fee be waived for the
use of the small stage in the amount of $250.00 for use at the
Soap Box Derby.
Parks and Recreation
JW: jmh
REF:JW03691.DOC
cc: Alison MacGregor Harty, City Clerk
Cheryl Leverett, Administrative Assistant III
.
.
MEMORANDUM
TO: MAYOR AND C~COMMISSIONERS
FROM: CITY MANAGEnvve \.~
SUBJECT, AGENDA ITEM #-' 1!i~ - MEETING OF FEBRUARY 12, 1991
REQUESTS FOR WAIVER OF STAGE RENTAL FEES
DATE: February 5, 1991
Below are two requests for waiver of the rental fee for the use of our
stages:
A. We received a request for waiver of the rental fee for the
use of the large City-owned stage at a rally in Veterans Park, on
February 16th, in support of the troops serving in the Persian
Gulf.
B. We received a request for for waiver of the rental fee for
the use of the small City-owned stage on Linton Boulevard for the
Soapbox Derby to be held on February 16th.
The fee for rental of these stages is $350.00 for the large stage and
$250.00 for the small stage. Approval of these requests are
consistent with previous Commission action.
Recommend approval of request for waiver of stage rental fees for use
of the large stage at a rally in Veterans Park, on February 16th, in
support of the troops serving in the Persian Gulf and approval of
request for waiver of stage rental fees for use of the small stage on
Linton Boulevard for the Soapbox Derby to be held on February 16th.
~!
" .
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Agenda Item No.:
AGENDA REQUEST
Date: 2/5/91
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: February 12, 1991
Description of agenda item (who, what, where, how much) : Request to waive
stage rental fee of $250.00 for the soap box derby to be held on February 16, 1991
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend waiving stage rental fee.
Department Head Signature:
Determination of Consistency Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~ NO P4
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
. .
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Agenda Items - Waiver of Stage Rental Fees
DATE: February 7, 1991
On January 31, 1991 and February 4, 1991 I received two separate
requests for the waiver of fees for the use of our stage. Mr.
Jerry Brown was referred to me by the City Manager's Office on
January 31, 1991 and is going to have a rally in support of our
troops in the Gulf on February 16, 1991 at Veterans' Park and
requested use of our stage.
Mr. David Brow contacted me on February 4, 1991 to also use the
stage on February 16, 1991 for the Soap Box Derby. City
Commission has previously approved the closing of Linton Blvd.
for this event.
I recommend the fee be waived for the use of the large stage in
the amount of $350.00 for use in the rally to support our troops
, in the Gulf. I further recommend that the fee be waived for the
use of the small stage in the amount of $250.00 for use at the
Soap Box Derby.
Parks and Recreation
JW: jmh
REF:JW03691.DOC
cc: Alison MacGregor Harty, City Clerk
Cheryl Leverett, Administrative Assistant III
.
, ...
MEMORANDUM
TO: MAYOR AND C~MMISSIONERS
FROM: CITY MANAGE .~ ~~Y)f-'
SUBJECT: AGENDA REPORT .~ MEETING OF FEBRUARY 12, 1991
TEMPORARY TENT PERMIT
DATE: February 5, 1991
The management of Linton Square is requesting permission to erect a
tent in their parking lot (northeast corner of Linton Boulevard and
Congress Avenue) from February 13th through 15th for the purpose of
holding a promotional Valentine's Day Concert. The concert is being
sponsored by WEAT Radio and will be held from 12 noon until 3 p.m.
daily.
Recommend approval of request for temporary Tent permit for Linton
Square
8'~
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. Agenda I tem No.:
AGENDA REQUEST
Date: 2/7 /91
Request to be placed on:'
X CONSENT
Regular Agenda Special Agenda Workshop Agenda
When: 2/12/91
a ln
and Congress
e tent Wl e
ORDINANCE/ RESOLUTION REQUIRED: Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: ;I)~ ~ ~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review, ~
Approved for agenda, 8 NO\ .. l1':1/il
Hold Until:' 1,)
~
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA C. BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT
SUBJECT: TENT APPROVAL FOR CONCERT AT LINTON SQUARE ON
FEBRUARY 14, 1991 - -
DATE: FEBRUARY 7, 1991
BACKGROUND
The Owner and Management of Linton Square, which is located at
the northeast corner of Linton Blvd and Congress Avenue, are
requesting approval to erect a tent from February 13th - 15th for
the purpose of holding a Valentine's Day concert from 12:00 noon
to 3:00 pm, which is being sponsored by WEAT Radio. The tent
will be located in the grass area of the parking lot on North
Congress Avenue.
In accordance with Sec. 150.102 of the Code of Ordinances, with
Commission approval, this is permitted since the purpose of tent
is to protect the public from the elements during public
assembly. The necessary permits and requirements have been
applied for and approved.
RECOMMENDATION
The Department of Community Improvement recommends approval for
the erection of a tent from February 13th - 15th, 1991, which
will be located in the grass area of the parking lot at Linton
Square for the purpose of holding a Valentine's Day concert.
LB:DQ
cc: Permit #91-9417
D/8
Tent.LS
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.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERb7~
SUBJECT: AGENDA REPORT - MEETING OF FEBRUARY 12, 1991
ACCEPTANCE OF GRANT FUNDING
DATE: February 5, 1991
This item is before you for acceptance of grant funding in the amount
of $157,500 from the Florida Inland Navigation District (FIND) for the
seawall/marginal dockage project at Veterans' Park. This is a 50/50
matching grant agreement. The City will be reimbursed for 50% of its
out-of-pocket expenses by FIND. The project must be completed on or
before September 1 , 1991. An extension to September 30, 1991 can be
requestedj however, no provisions exist to carryover FIND Grant Funds
beyond that date.
Separately on your agenda is a request to approve a service
authorization to the contract between the City and Coastal Planning
Engineers for design work on the seawall. Should the Commission
approve this authorization it is anticipated that this project can go
to bid within six to eight weeks, with construction scheduled to be
complete by the deadline indicated in the grant agreement. Matching
funds are available from the Decade of Excellence Bond Issue
($100,000), with the remainder ($57,500) coming from Parks and
Recreation Impact Fees.
Recommend acceptance of grant funding in the amount of $157,500 from
the Florida Inland Navigation District for the seawall/marginal
dockage project at Veterans' Park.
g.k..
.
.
"
/~
i ,Oe ~.. ;<. ;J? ~,} r-
i ; AGENDA REQUE ~ t 0, c~ ~
1 f"'- f- ~ ~~ r V
Request to be placed on: ~!5/qIOL)
X Regular Agenda (Consent) \ oiC-'J" -0/;6
Special Agenda ~ '~, ~
Workshop Agenda ~V, ,
Description of item (who, what, where, h( ktLO ~ ' rdi
matchin rant award from the Florida In &(i
amount of $157,500 for the Seawall marginal-doc
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQ~IRED: Y~S@ Draft Attached: YES/NO
Recommendation: Staff recommends approval
(Example: Recommend approval funding from S ecial Events Account
No. 001-3333-555-44.55). -
Department Head Signature:
City Attorney Review/ Recommenda n (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: (!!j) NO or0
Hold Until: '
Agenda Coordinator Review:
Received: -
Placed on Agenda: -
Action: Approved/Disapproved
.
.
FLORI DA I N LA N D NAVIGATION DISTRICT
January 28, 1991
'"e t;7\ftr?'"' ~ 11 ". ;,
..., '- {"'.-' J.:
" .,
COMMISSIONERS Mr. Joe Weldon, Director
City of Delray Beach
M. BRENT WADDELL SO N.W. 1st Avenue
CHAIRMAN _ Delray Beach, FL 33444
MARTIN COUNTY
STANLEY E. GOODMAN Dear Mr. Weldon:
VICE CHAIRMAN
DADE COUNTY
E.E. HADDEN. JR. Re: Veterans' Park, Phase I
SECRETARY
BREVARD COUNTY On January 25, 1991 , the Florida Inland Navigation District Board
PIERRE D. THOMPSON of Commissioners reviewed the 28 applications submitted for
TREASURER funding through the District's FY 1990-91 Waterway's Assistance
ST, JOHNS COUNTY
E.A. NIMNICHT II Program. Twenty-five projects were approved for funding, in total
DUVAL COUNTY or in part, resulting in a total allocation of $2,262,065.00 in
WILLIAM T. PARKS program funds.
FLAGLER COUNTY
JAMES O. TAYLOR Your project, referenced above, was approved for funding in the
VOlUSIA COUNTY amount of $157,500.00. We are in the process of preparing a
GEORGE P. BUNNELL project agreement to be executed by the County and the District.
INDIAN RIVER COUNTY Attachment A of this agreement will be a detailed expense list for
LENNART E. LINDAHL the proj ect. Please submit a revised up to date project expense
PALM BEACH COUNTY list based upon the grant amount that has been approved for your
LAURENCE D. LOCKER project.
BROWARD COUNTY
The project agreement will be dated January 25, 1991, the date
APPOINTMENT PENDING your project was approved by the FIND Board. Therefore, project
ST.lUCIE COUNTY
expenses made after that date and in accordance with the project
expense list and the project agreement (sample enclosed) will be
eligible for reimbursement.
I look forward to receiving you revised project expense list soon.
Should you have questions concerning this matter please contact
me. Congratulations on the approval of your project and I look
ART WILDE forward to working with you to successfully complete this very
EXECUTIVE DIRECTOR important waterway improvement project.
DAVID K. ROACH '5@
ASSISTANT EXECUTIVE DIRECTOR Sin e el
Da d K. Roach
Assistant Executive Director
DKR:rm
Encs.
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCIN SKI ROAD, JUPITER, FLORIDA 334n TELEPHONE 407-627-3386 FAX No. 407-624-6480
.
.
091686-9
Doc. II-OlD
Rev. 9-88
FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO.
This PROJECT AGREEMENT made and entered into this day of
, 1991, by and between the Florida Inland Navigation Dis-
trict, hereinafter "FIND"), and , hereinafter called
the PROJECT SPONSOR.
In consideration of the mutual promises and covenants contained herein,
the parties agree as follows:
1- Subject to the provisions of this Agreement, FIND has determined
to provide grant funds to the PROJECT SPONSOR in furtherance of an approved
project ("PROJECT") consisting of Said project
is more specifically described in the PROJECT SPONSOR's Grant Application
which is on file at FIND headquarters.
2. The PROJECT SPONSOR shall not commence work on the PROJECT prior
to the execution of this Agreement unless otherwise authorized and shall
complete the PROJECT on or before September I, 1991, unless the PROJECT period
has been extended with the prior written approval of FIND. The PROJECT SPONSOR
acknowledges there are no provisions to carryover FIND Grant Funds under
this Agreement beyond September 30, 1991.
3. FIND shall contribute no more than fifty per cent (50%) of the PROJECT
SPONSOR I s out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT").
Payment of funds by FIND to the PROJECT SPONSOR (the "GRANT AMOUNT") will
be on a reimbursement basis only for those authorized costs as shown in Exhibit
A and meeting the requirements of Paragraph 5 below and shall not, in any
event, exceed $
4. The PROJECT SPONSOR warrants and represents that it has the PROJECT
SPONSOR Match Amount (the PROJECT AMOUNT less the GRANT AMOUNT) available
for completion of the PROJECT and will provide FIND with suitable evidence
of the availability of such funds, including but not limited to, providing
FIND with access to applicable books and records, financial statements, and
bank statements.
5. To be eligible for reimbursement under the Project Agreement, costs
must be necessary and reasonable for the effective and efficient accomplishment
of the PROJECT and must be directly allocable thereto ("PROJECT COSTS"). PRO-
JECT COSTS must be incurred and work performed within the Project Period,
-1-
d'l .
with the exception of pre-agreement costs. if any, specifically identified
in Paragraph 6 below, which are also eligible for reimbursement by FIND.
6. FIND and the PROJECT SPONSOR fully understand and agree that there
shall be no reimbursement of funds by FIND for any obligation or expenditure
made prior to the execution of this Project Agreement with the exception
of $ for:
7. PROJECT COSTS shall be reported to FIND and summarized on the Payment
Request Form attached as Exhibit B. Supporting documentation including bills
and cancelled payment vouchers for expenditures shall be provided to the
FIND by the PROJECT SPONSOR with any payment request. All records in support
of the PROJECT COSTS included in payment requests shall be subject to review
and approval by FIND or by an auditor selected by FIND. Audit expenses shall
be borne by the PROJECT SPONSOR.
8. Project funds may be released in quarterly installments, at the
discretion of FIND. upon submittal of a payment request by the PROJECT SPONSOR.
FIND shall retain ten per cent (101.) of each installment payment until the
completion of the PROJECT. The PROJECT SPONSOR. upon completion of the PRO-
JECT. shall make available to FIND a Final Audit of expenses incurred on
the PROJECT prior to or in conjunction with the request for the final payment
of the PROJECT AMOUNT. The Payment amounts previously retained by FIND shall
be paid upon (1) receipt of the Final Audit report by FIND and (2) full comple-
tion of the PROJECT to the reasonable satisfaction of FIND. FIND shall have
the right to withhold any payment hereunder. either in whole or part. for
noncompliance with the terms of this Agreement.
9. The PROJECT SPONSOR shall retain all records supporting the PROJECT
COSTS for three (3) years after the fiscal year in which the Final Payment
is released by FIND. except that such records shall be retained by the PROJECT
SPONSOR until final resolution of matters resulting from any litigation.
claim. or special audit that starts prior to the expiration of the three-year
retention period.
10. FIND shall have the right to reimbursement. either in whole or
part as it may determine, of the funds provided hereunder for non-compliance
by the PROJECT SPONSOR with any of the terms of this Project Agreement.
Upon notification from FIND. the PROJECT SPONSOR shall reimburse such funds
directly to FIND.
11. David K. Roach. Executive Assistant. or his successor, is hereby
designated as FIND's Project Manager for the purpose of this Project Agreement
-2-
. .
and shall be responsible for monitoring performance of its terms and conditions
and for approving all reimbursement requests prior to payment.
The PROJECT SPONSOR shall appoint a Liaison Agent whose name and title
shall be submitted to FIND upon execution of the Project Agreement, to act
on behalf of the PROJECT SPONSOR relative to the provisions of the Project
Agreement.
12. The PROJECT SPONSOR's Liaison Agent shall submit to FIND signed
project status reports quarterly during the PROJECT term summarizing the
work accomplished, problems encountered, percentage of completion and other
appropriate information. Photographs shall be submitted when appropriate
to reflect the work accomplished.
13. The PROJECT SPONSOR agrees that all PROJECT facilities shall be
constructed in compliance with state and federal statutory requirements for
accessibility by handicapped persons as well as all other federal, state
and local laws, rules and requirements.
14. The PROJECT SPONSOR agrees that when completed, the PROJECT shall
be readily accessible, on a non-exclusive basis, to the general public without
regard to age, sex, race, physical handicap or other condition, and to the
political subdivision in which the user may reside. When such is required,
adequate parking shall be made available by the PROJECT SPONSOR to accommodate
veh~cles for the number of persons for which the PROJECT is being developed.
15. The PROJECT SPONSOR shall erect a permanent sign, approved by FIND,
in a prominent location at the completed project which indicates that FIND
was a joint participant and contributor to the development of the PROJECT.
This sign shall contain the FIND logo (exhibit C) unless otherwise stipulated
by FIND. In the event that the SPONSOR erects a temporary construction sign,
it shall also indicate FIND's participation.
16. When and where applicable, the PROJECT SPONSOR agrees to operate,
maintain, and manage the PROJECT for the life of the PROJECT and will pay
all expenses required for such purposes. The PROJECT shall be maintained
in accordance with the standards of main~enance for other local facilities
and in accordance with applicable health standards. PROJECT facilities and
improvements shall be kept reasonably safe and in reasonable repair to prevent
undue deterioration and to encourage public use. The PROJECT SPONSOR warrants
and represents that it has full legal authority and financial ability to
operate and maintain said PROJECT facilities and improvements.
17. The PROJECT SPONSOR agrees to hold FIND, its Commissioners, em-
ployees, agents, and its successors and assigns free and harmless from and
-3-
~~ .
.
against any and all demands, claims, causes of actions, expenses, attorney's
fees, losses, damage liabilities, awards, and judgments, that may arise from
or relate to this Agreement.
18. FIND reserves the right to inspect said PROJECT and any and all
records related thereto at any time.
19. The rights and duties arising under this Agreement shall inure
to the benefit of and be binding upon the parties hereto and their respective
successors and assigns. The PROJECT SPONSOR may not assign this Agreement
nor any interest hereunder without the express written consent of FIND.
20. Waiver of a breach of any provision of this Agreement shall not
be deemed a waiver of any other breach of the same or different provision.
21. Any notice required to be given pursuant to the terms and provisions
of this Agreement shall be in writing, postage prepaid, and shall be sent
by certified mail, return receipt requested, to FIND or PROJECT SPONSOR at
the addresses below. The notice shall be effective on the date indicated
on the return receipt.
To FIND at:
1314 Marcinski Road
Jupiter, Florida 33477
To PROJECT SPONSOR AT:
22. The validity, interpretation and performance of this Agreement
-
shall be controlled and construed according to the laws of the State of Florida.
23. It is the intent of FIND to issue this Grant to, the PROJECT SPONSOR
who has made application for this assistance. In the event the PROJECT SPONSOR
transfers ownership or management of this facility to a party or parties
not now a part of this document, other than another governmental entity,
FIND retains the right to reimbursement from the PROJECT SPONSOR for its
participation to the full extent of the Grants awarded to accomplish this
facility.
24. This Agreement, including any exhibits made a part hereof, embodies
the entire Agreement and understanding of the parties and supersedes all
prior oral and written communications between them. The terms hereof may
be modified only by a writing signed by both parties hereto.
-4-
~
.
25. In the event that FIND or PROJECT SPONSOR institutes any action
or suit to enforce the provisions of this Agreement, the prevailing party
in such litigation shall be entitled to reasonable costs and attorney's fees
at the trial and appellate levels.
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed the day, month and year aforesaid.
WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT
By:
CHAIRMAN
DATE:
GRANT RECIPIENT
By:
DATE.
-5-
"
.
. 091686-9
, Doc. II-OlD
Rev. 9-88
FLORIDA INLAND NAVIGATION DISTRICT
PROJECT AGREEMENT
PROJECT NO.
This PROJECT AGREEMENT made and entered into this day of
, 1991, by and between the Florida Inland Navigation Dis-
trict, hereinafter "FIND"), and , hereinafter called
the PROJECT SPONSOR.
In consideration of the mutual promises and covenants contained herein,
the parties agree as follows:
1. Subject to the provisions of this Agreement, FIND has determined
to provide grant funds to the PROJECT SPONSOR in furtherance of an approved
project ("PROJECT") consisting of . Said project
is more specifically described in the PROJECT SPONSOR's Grant Application
which is on file at FIND headquarters.
2. The PROJECT SPONSOR shall not commence work on the PROJECT prior
to the execution of this Agreement unless otherwise authorized and shall
complete the PROJECT on or before September 1, 1991, unless the PROJECT period
has been extended with the prior written approval of FIND. The PROJECT SPONSOR
acknowledges there are no provisions to carryover FIND Grant Funds under
this Agreement beyond September 30, 1991.
-..-' ..-
3. FIND shall contribute no more than fifty per cent (50%) of the PROJECT
SPONSOR's out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT").
Payment of funds by FIND to the PROJECT SPONSOR (the "GRANT AMOUNT") will
be on a reimbursement basis only for those authorized costs as shown in Exhibit
A and meeting the requirements of Paragraph 5 below and shall not, in any
event, exceed $ .
4. The PROJECT SPONSOR warrants and represents that it has the PROJECT
SPONSOR Match Amount (the PROJECT AMOUNT less the GRANT AMOUNT) available
for completion of the PROJECT and will provide FIND with suitable evidence
of the availability of such funds, including but not limited to, providing
FIND with access to applicable books and records, financial statements, and
bank statements.
5. To be eligible for reimbursement under the Project Agreement, costs
must be necessary and reasonable for the effective and efficient accomplishment
of the PROJECT and must be directly allocable thereto ("PROJECT COSTS"). PRO-
JECT COSTS must be incurred and work performed within the Project Period,
-I-
I
.
.
with the exception of pre-agreement costs, if any, specifically identified
in Paragraph 6 below, which are also eligible for reimbursement by FIND.
6. FIND and the PROJECT SPONSOR fully understand and agree that there
shall be no reimbursement of funds by FIND for any obligation or expenditure
made prior to the execution of this Project Agreement with the exception
of $ for: .
7. PROJECT COSTS shall be reported to FIND and summarized on the Payment
Request Form attached as Exhibit B. Supporting documentation including bills
."
and cancelled payment vouchers for expenditures shall be provided to the
FIND by the PROJECT SPONSOR with any payment request. All records in support
of the PROJECT COSTS included in payment requests shall be subject to review
and approval by FIND or by an auditor selected by FIND. Audit expenses shall
be borne by the PROJECT SPONSOR.
8. Project funds may be released in quarterly installments, at the
discretion of FIND, upon submittal of a payment request by the PROJECT SPONSOR.
FIND shall retain ten per cent (10%) of each installment payment until the
completion of the PROJECT. The PROJECT SPONSOR, upon completion of the PRO-
JECT, shall make available to FIND a Final Audit of expenses incurred on
the PROJECT prior to or in conjunction with the request for the final payment
of the PROJECT AMOUNT. The Payment amounts previously retained by FIND shall
be p,~id upon (1) receipt of the Final Audit report by FIND and (2) full comple-
tion of the PROJECT to the reasonable satisfaction of FIND. FIND shall have
----..- --
the right to withhold any payment hereunder, either in whole or part, for
noncompliance with the terms of this Agreement.
9. The PROJECT SPONSOR shall retain all records supporting the PROJECT
COSTS for three (3) years after the fiscal year in which the Final Payment
is released by FIND, except that such records shall be retained by the PROJECT
SPONSOR until final resolution of matters resulting from any litigation,
claim, or special audit that starts prior to the expiration of the three-year
retention period.
10. FIND shall have the right to reimbursement, either in whole or
part as it may determine, of the funds provided hereunder for non-compliance
by the PROJECT SPONSOR with any of the terms of this Project Agreement.
Upon notification from FIND, the PROJECT SPONSOR shall reimburse such funds
directly to FIND.
11. David K. Roach, Executive Assistant, or his successor, is hereby
designated as FIND's Project Manager for the purpose of this Project Agreement
-2-
I
-
.
and shall be responsible for monitoring performance of its terms and conditions
and for approving all reimbursement requests prior to payment.
The PROJECT SPONSOR shall appoint a Liaison Agent whose name and title
shall be submitted to FIND upon execution of the Project Agreement) to act
on behalf of the PROJECT SPONSOR relative to the provisions of the Project
Agreement.
12. The PROJECT SPONSOR's Liaison Agent shall submit to FIND signed
project status reports quarterly during the PROJECT term summarizing the
work accomplished) problems encountered) percentage of completion and other
appropriate information. Photographs shall be submitted when appropriate
to reflect the work accomplished.
13. The PROJECT SPONSOR agrees that all PROJECT facilities shall be
constructed in compliance with state and federal statutory requirements for
accessibility by handicapped persons as well as all other federal) state
and local laws) rules and requirements.
14. The PROJECT SPONSOR agrees that when completed) the PROJECT shall
be readily accessible) on a non-exclusive basis) to the general public without
regard to age) sex) race) physical handicap or other condition) and to the
political subdivision in which the user may reside. When such is required)
adequate parking shall be made available by the PROJECT SPONSOR to accommodate
vehi,c:les for the number of persons for which the PROJECT is being developed.
15. The PROJECT SPONSOR shall erect a permanent sign) approved by FIND)
in a prominent location at the completed project which indicates that FIND
was a joint participant and contributor to the development of the PROJECT.
This sign shall contain the FIND logo (exhibit C) unless otherwise stipulated
by FIND. In the event that the SPONSOR erects a temporary construction sign)
it shall also indicate FIND's participation.
16. When and where applicable) the PROJECT SPONSOR agrees to operate)
maintain) and manage the PROJECT for the life of the PROJECT and will pay
all expenses required for such purposes. The PROJECT shall be maintained
in accordance with the standards of main~~nance for other local facilities
and in accordance with applicable health standards. PROJECT facilities and
improvements shall be kept reasonably safe and in reasonable repair to prevent
undue deterioration and to encourage public use. The PROJECT SPONSOR warrants
and represents that it has full legal authority and financial ability to
operate and maintain said PROJECT facilities and improvements.
17. The PROJECT SPONSOR agrees to hold FIND) its Commissioners) em-
ployees) agents, and its successors and assigns free and harmless from and
-3-
.
.,
against any and all demands, claims, causes of actions, expenses, attorney's
fees, losses, damage liabilities, awards, and judgments, that may arise from
or relate to this Agreement.
18. FIND reserves the right to inspect said PROJECT and any and all
records related thereto at any time.
19. The rights and duties arising under this Agreement shall inure
to the benefit of and be binding upon the parties hereto and their respective
successors and assigns. The PROJECT SPONSOR may not assign this Agreement
nor any interest hereunder without the express written consent of FIND.
....
20. Waiver of a breach of any provision of this Agreement shall not
be deemed a waiver of any other breach of the same or different provision.
21. Any notice required to be given pursuant to the terms and provisions
of this Agreement shall be in writing, postage prepaid, and shall be sent
'by certified mail, return receipt requested, to FIND or PROJECT SPONSOR at
the addresses below. The notice shall be effective on the date indicated
on the return receipt.
To FIND at:
1314 Marcinski Road
Jupiter, Florida 33477
To PROJECT SPONSOR AT:
.~. .
22. The validity, interpretation and performance of this Agreement
n__'~_. _.
shall be controlled and construed according to the laws of the State of Florida.
23. It is the intent of FIND to issue this Grant to the PROJECT SPONSOR
who has made application for this assistance. In the event the PROJECT SPONSOR
transfers ownership or management of this facility to a party or parties
not now a part of this document, other than another governmental entity,
FIND retains the right to reimbursement from the PROJECT SPONSOR for its
participation to the full extent of the Grants awarded to accomplish this
facility.
24. This Agreement, including any exhibits made a part hereof, embodies
the entire Agreement and understanding of the parties and supersedes all
prior oral and written communications between them. The terms hereof may
be modified only by a writing signed by both parties hereto.
-4-
.
;
25. In the event that FIND or PROJECT SPONSOR institutes any action
or suit to enforce the provisions of this Agreements the prevailing party
in such litigation shall be entitled to reasonable costs and attorney's fees
at the trial and appellate levels.
IN WITNESS WHEREOFs 'the parties hereto have caused these presents to
be executed the day, month and year aforesaid.
WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT
By:
CHAIRMAN
DATE:
GRANT RECIPIENT
By:
."
DATE:
. ~. ,
..--..- .-
-- -~ -
- -.-.
-5-
.
, ,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA REPORT - MEETING OF FEBRUARY 12 , 1991
ACCEPTANCE OF GRANT FUNDING
DATE: February 5, 1991
This item is before you for acceptance of grant funding in the amount
of $4,000 from the Clean Florida Commission for funding of a Litter
Prevention Program. This is a 50/50 matching grant program. Our
Recycling Coordinator will be developing an education program geared
to implementing solutions to the litter and waste problems in Delray
Beach. Matching funds are available in Sanitation Fund Year-End
Anticipated Surplus. Fund surplus as of 12/31/90 is $55,797.
Recommend acceptance of grant funding in the amount of $4,000 from the
Clean Florida Commission.
8.L.
.
.
Agenda I tern No.:
AGENDA REQUEST
Date: February 4, 1991
Request to be placed on:
X Regular Agenda CONSENT
Special Agenda
Workshop Agenda When: February 12, 1991
Description of item (who, what, where, how much):
ReqlleRt for City Commission to approve the acceptance of grant award in the
amount of $4,000 from the Clean Florida Commission. This award is made for the
eRtablishment of a "Litter Prevention" Program. By Resolution /1103-90 the City
has agreed to match the awarded amount from the existing Sanitation Account. The
pro~ram is educational in nature and will be coordinated by Robin Ennis.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Acceptance of this award.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55). ~
~~~
Department Head Signature:
(
City Attorney Review! Recommendation (if applicable):
,
Budget Director Review (required on all items involving expenditure
of funds): j. ~;,..)('~,'J.v
Funding available: ~ NO
Funding alternatives: (if applicable)
Account No. & Description: ;5t'tIV,'~",J. .;.,.) Fu..~d. 'f,<- ~ AJ ri a. ...rf.'fY: .J..-:l:iJ
Account Balance: rd. 5....1 pl...~ 1~!~JI'iO ~u.,.z r I \A,,). I
11 5'~1 'l,rt
City Manager Review:
Approved for agenda: ffi:S1 NO ?M
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
.
.
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT tP
SUBJECT: CITY COMMISSION ACCEPTANCE OF GRANT AWARD FROM THE
CLEAN FLORIDA COMMISSION IN THE AMOUNT OF $4,000 -
DATE: FEBRUARY 5, 1991
ITEM BEFORE THE COMMISSION:
- -
Acceptance of $4,000 grant award from the Clean Florida
Commission.
BACKGROUND:
The Ci ty' s application for funding of a Litter Prevention Program
has been approved in the amount of $4,000 from the Clean Florida
Commission. Our request was for $25,000; howeve r , they received
55 applications for a total request of $861,253. The program was
appropriated only at the $250,000 I eve l. By Resolution #103-90,
the City has agreed to match the awarded amount from the existing
Sanitation Fund. The scope of the program will be reduced
accordingly.
The program will be educational in nature and will be coordinated
by Robin Ennis, Recycling Coordinator. Solutions to the litter
and waste problems can best come about when people are informed
and involved in the process. Our program will move towards this
end.
RECOMMENDATION:
As soon as the Ci ty Commission approves the acceptance of this
award and the agreement papers are returned, the $4,000 will be
forwarded to the City.
LB:DQ
D8
Grant.CC
.
.
"."""'1 "'\ReCYcled
~ < :1. CLEAN FLORIDA COMMISSION '-1 ' Paper
Mailing Address: ~
605 Suwannee St., MS-2 Office Address:
Tallahassee, F1. 32399-0450 Suire 571, Twin 1()"ef'
Phone: 904-488-2756 2600 Blair Srone Roac
Fax: 904-488-8404 Tallahassee, F1. 32399-2~O('
January 24, 1991
Mr. Robin Ennis
Recycling Coordinator
City of Delray Beach
100 Northwest 1st Avenue
Delray Beach, Florida 33444
Dear Mr. Ennis:
On behalf of the Clean Florida commission, I would like to
congratulate you for being awarded a litter prevention grant in
the amount of $4,000 for FY 1990-91.
Enclosed are three (3) copies of the Litter Prevention Grant
Agreement which should be signed by the authorized
representative. All three copies of the agreement should be
signed and returned to this office (use mailing address above) as
soon as possible, and no later than February 15, 1991.
By signing the agreement you are committing to the general
and special conditions stipulated within the agreement. Should
you not wish to adhere to these conditions, please write denied
across the signature page, sign and return to this office. If
you have any questions, please call me at 904/488-2756 or 1-800-
BAN-TRASH.
Also enclosed is a sample copy of an invoice for this grant.
Please type or copy this invoice onto your letterhead, fill in
the appropriate dollar amount, and return to this office along
with the grant agreement. Your grant payment cannot be processed
without this invoice.
Again, congratulations on receiving this grant award. We
look forward to working with you in this endeavor.
Sincerely, ~
~~~
Executive Director
BM/mjs
Enclosures
A five memher commission re::.onsihle JOr coordinating a stateWide lilt7revention program
compose of the executives from the Departments 0
ENVIRONMENTAL REGULATION. TRANSPORTATION . COMMERCE . EDUCATION . NATURAl RESOURCfS
PART II - GRANT CONDITIONS
A. GENERAL CONDITIONS:
1- The grant funds will be disbursed to the Grantee upon
receipt of an appropriate invoice. Annual expenditure reports
must be submitted for the acutal costs incurred for the grant
period by March 15, following the end of the grant period. The
commission has the right to terminate this agreement and demand
full refund of all funds in the event it is determined that any
grant funds were expended in non-compliance with the terms of
this agreement.
2. All unspent or uncommitted grant funds remaining at the
end of the grant period may be carried over into the next grant
period but must be tracked and reported separately from any
subsequent grant. Unspent carried over funds must be spent or
obligated by December 31 of the year in which the funds are
carried over.
3. Each recipient of grant funds shall maintain accurate
records of all expenditures of grant funds and shall assure that
these records are available at all reasonable times for
inspection, review or audit by commission staff and other
personnel authorized by the Commission. Records shall be kept
for a period of at least 3 years following the end of the grant
period.
4. Annual expenditure reports must be accompanied by
sufficient supporting invoices and documentation to support
preaudit and post audit review. The sufficiency of said
documentation shall be determined by the Commission's Executive
Director who may seek additional information as the circumstances
require. '
B. SPECIAL CONDITIONS:
Funds to be used as outlined in public information category
of grant application.
2
"
.
E~~"f-!!1i'"
~W~ ~ . Recycled
~~ ,'~ 'f.~) CLEAN FLORIDA COMMISSION 0\ Paper
Mailing Address: ylJ!fl!!!JJ " '
(i()5 Suwannee St., MS-2 n' Office Address:
Tallahassee, Fl. 32399-0450 Suite 57l, Twin ll)wers
Phone: 904-488-2756 2600 Blair Stone Hoad
Fax: 904-488-8404 Tallahassee, FL 32399-2400
January 24, 1990
M E M 0 RAN DUM
TO: LITTER PREVEN]r~ GRANT RECIPIENTS
FROM: Barbara Maso~'~Executive Director
SUBJECT: FY 90-91 GRANT INFORMATION
It is with much enthusiasm that the Clean Florida Commission
congratulates each of you on your 1990-91 grant award.
Each year our office receives more applications than the
previous year. This year we received 55 applications for a total
request of $861,253. As you know, the legislature only
appropriated $250,000. It is obvious that the Commission had to
scale down all grants.
For your information certain items were not funded. They
are as follows:
- Money for television advertisements. (The
Commission will have these available for local
communities in the near future.)
- Money for Adopt-A-Highway. (state roads are handled
by the Department of Transportation and the Commission
has brochures available upon request.)
- Money for Glad Bag-A-Thon. (The Glad Company
totally sponsors this program.)
- Development of an educational curriculum. (The
Department of Education has developed the "4Rs" and it
is being mailed to all school systems.)
Other pertinent information that may be helpful for your
local area follows:
A fil'e member commission responsible JOr coordinating a statewide litter j'rel'ention program
composed cfthe executt'l'es yom the Departments <1
- A copy of the Keep Florida Beautiful logo has been
included with this correspondence. We recommend that
you use this along with your own logo on any printed
materials.
- If there is a Keep America Beautiful System in your
community, we urge you to join forces with them to
convey a united message. Your community may receive
more grant money if you submit a joint application.
- For those of vou receiving a qrant to assist in the
establishment of a Keep America Beautiful Svstem,
~lease note the date of March 21, 1991 (tentative) as
the next worksho~ scheduled to pre-certify new
communities. This workshop will be held in
Tallahassee. Detailed information will follow.
Enclosed is a packet of information from our national
affiliate, Keep America Beautiful, Inc. The
application for certification needs to be sent to Keep
America Beautiful, Inc. as soon as possible, al,ong with
your certification fee. However, do not send it until
we have discussed the number and types of people that
need to attend the workshop. Please contact me as soon
as possible on this issue. My phone number is 904-488-
2756 or l-800-BAN-TRASH.
Again, congratulations and thank you for such outstanding
applications. I am extremely impressed with all the good work
going on throughout our state. I look forward to working with
you for a cleaner, healthier and more beautiful Florida.
BM/mjs
Enclosures
,"
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE~~~~
SUBJECT: AGENDA ITEM ;t7()~~ - MEETING OF FEBRUARY 12, 1991
AUTHORIZATION TO APPLY FOR GRANT FUNDING
DATE: February 5, 1991
This item is before you for authorization to submit an application for
grant funding to the Florida Department of Environmental Regulation
for funding of our Sea Turtle Conservation Program, Beach Access
Improvement Project, and Offshore Snorkeling Park Feasibility Study.
This is a 50/50 matching grant program. This application is for
funding for Fiscal Year 1991/92. Funding received cannot be used for
construction or land acquisition. Matching funds will need to be
designated in that budget year. Additionally, as funding may be
limited these items will need to be prioritized. It is recommended
that the Sea Turtle Program receive top priority, with Beach Access
and Offshore Snorkeling following in sequence.
Recommend approval of request for authorization to submit a grant
application to the Florida Department of Environmental Regulation for
funding of our Sea Turtle Conservation Program, Beach Access
Improvement Project, and Offshore Snorkeling Park Feasibility Study
and prioritization of projects as recommended.
~N
.
.
C I T Y COM MIS S ION DOCUMENTATION
TO: ALISON MACGREGOR-HARTY, CITY CLERK
THRU: Q~~~~ECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: JOHN WALKER P t:t/~
PROJECT COORDINATOR
SUBJECT: MEETING OF FEBRUARY l2, 1991
REQUEST FOR CITY COMMISSION AUTHORIZATION TO APPLY FOR
FEDERAL FUNDS
ACTION REQUESTED OF THE COMMISSION:
This is a request for Commission authorization to apply for federal
funds under the terms of Section 306 of the Federal Coastal Zone
Management Act. This program allows 50% in federal funds with 50%
local matching funds. Funds may not be used for construction or
land acquisition. Applications are made to the Florida Department
of Environmental Regulation.
Three programs in the City appear to be eligible for funding under
this program. The local share of funding would need to be available
in FY 91/92.
BACKGROUND OF PROJECTS:
SEA TURTLE CONSERVATION PROGRAM
This program consists of nest monitoring and relocation done
annually by a contractor. If granted, federal funds would be
available for the 1992 nesting season. City funds for this program
are available in the Beach Erosion Control Fund. Total estimated
cost of the contract is $14,715.
'" I
.
City Commission Documentation
Meeting of February 12, 1991
Request for City Commission Authorization to Apply for Federal Funds
Page 2
BEACH ACCESS IMPROVEMENT PROJECT
The portion of this project to be included in the funding request is
final design and specifications. The overall project is to replace
the existing "walkthrough" pedestrian accesses with dune crossover
structures to increase storm damage protection and reduce the
potential for damage by foot traffic to the dune and sensitive
vegetation. This work is directed by several policies in the
Comprehensive Plan. A beach access study is being completed by
staff which will include a recommended master plan. The study will
be brought before the Beach Advisory Committee, Planning and Zoning
Board, and City Commission for review. Final designs of crossover
structures will follow the approved master plan. The local share of
funds would need to be appropriated in the FY 91/92 budget.
Estimated cost for engineering services is $35,000.
OFFSHORE SNORKELING PARK - FEASIBILITY STUDY
This study will assess the feasibility and develop a program to
create an underwater snorkeling park at the Municipal Beach. This
facility would provide educational and recreational opportunities
for beach visitors and expand and enhance habitat in the nearshore
area with artificial hardbottom modules. The study is directed by
the Comprehensive Plan. The local share of funds would need to be
appropriated in the FY 91/92 budget. Total estimated cost for the
study is $14,000.
If funds are granted less than the total requested, we may be asked
to state a priority list of the projects. The recommended priority
is:
1) SEA TURTLE CONSERVATION PROGRAM;
2) BEACH ACCESS IMPROVEMENT PROJECT;
3) OFFSHORE SNORKELING PARK - FEASIBILITY STUDY.
RECOMMENDED ACTION:
By motion, establish the priority for funding as:
1) SEA TURTLE CONSERVATION PROGRAM;
2) BEACH ACCESS IMPROVEMENT PROJECT;
3) OFFSHORE SNORKELING PARK - FEASIBILITY STUDY;
and direct the City Manager to seek Section 306 funding for FY
91/92.
JW/#l/GRANTCC.TXT
"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA REPORT - MEETING OF FEBRUARY 12, 1991
RESOLUTION NO. 11-91
DATE: February 5, 1991
This item is a Resolution assessing costs for abatement action
required to board up an unsafe building on property at
227 N.E. 7th Avenue. The Resolution sets forth the actual costs
incurred and provides the mechanism to attach a lien on this property
in the event the assessment of $718.30 remains unpaid.
Recommend approval of Resolution No. 11-91 assessing costs for
boarding up an unsafe building within the City.
8' .0 ·
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RESOLUTION NO. 11-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEL RAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 165, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON
LAND (S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING
FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLU-
TION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE
SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR
THE MAILING OF NOTICE.
WHEREAS, the Building Official or his designated representative
has, pursuant to Chapter 165, of the Code of Ordinances, declared the
existence of an unsafe building upon certain lots or parcels of land,
described in the list attached hereto and made a part hereof, for
violation of the building code s and building requirements adopted by
Chapter 165 and those Codes adopted in Chapter 96 of the Code of Ord-
inances; and,
WHEREAS, pursuant to Chapter 165, of the Code 0 f Ordinances of
the City of Delray Beach, the Building Official or his designated
representative has inspected said land(s) and has determined that an
unsafe building existed in accordance with the standards set forth in
Chapter 165 and/or Chapter 96 of the Code of Ordinances, and did furnish
the respective owner (s) of the land(s) described in the attached list
with written notice of unsafe building and detailed report of conditions
and notice to vacate as the Building Official determined that the
building was manifestly unsafe and is considered a hazard to life and
public welfare pursuant to Chapter 165, of the Code of Ordinances
describing the nature of the violations and sent notices that the build-
ing was to be vacated and that the building was to be repaired or
demolished; work must be begun within sixty (60) days and all work must
be completed within such time as the Building Official determines, said
notice also advised that all appeals must be filed within thirty ( 30)
days from the date of service of the notice and failure to file an
appeal or to make the repairs required that the Building Official would
have the authority to have the building demolished from the date of the
said notice; and,
WHEREAS, all the notice requirements contained within Chapter
165 have been complied with; and,
WHEREAS, neither an appeal to the Board of Construction Appeals
or corrective action was undertaken in accordance with the order of the
Chief Building Official; therefore pursuant to Section 165.41 the Build-
ing Official caused the abatement action to be done; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Section 165.42 of the Code of Ordinances of the City of
Delray Beach, submitted to the City Conunission a report of the costs
incurred in abating said condition as aforesaid, said report indicating
the costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 165, of the Code of Ordinances desires to assess the
cost of said condition against said property owner(s).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
"
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----- ::..:.....-.-- ---... --'-~-" ~-- ------
-----~ -----_.__._---_.~----
Section 1. That assessments in the amount of
as shown by
the report of the City Manager of the City of Delray a copy of which is
attached hereto and made a part hereof, are hereby levied against the
parcells) of land described in said report and in the arnount(s) indi-
cated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 165.42
become a lien upon the respective lots and parcells) of land described
in said report, of the same nature and to the same extent as the lien
for general city taxes and shall be collectible in the same manner and
with the same penalties and under the same provisions as to sale and
foreclosure as City taxes are collectible.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by certified mail, postage prepaid,
return receipt requested, to the owner(s) of the property, as such
ownership appears upon the records of the County Tax Assessor, notice(s)
that the City Commission of the City of Delray Beach has levied an assess-
ment against said property for the cost of abatement action regarding an
unsafe building by the thirty (30) days after the mailing date of said
notice of assessment, after which a lien shall be placed on said proper-
ty, and interest will accrue at the rate of six percent (6%) per annum,
plus reasonable attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment (s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of six
percent (6%) per annum plus reasonable attorney's fee and other costs of
collection.
Section 5. That in the event that payment has not been re-
ceived by the City Clerk within thirty (30) days after the mailing date
of the notice of assessment, the City Clerk is hereby directed to record
a certified copy of this resolution in the public records of Palm Beach
County, Florida, and upon the date and time of recording of the certi-
fied copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 6%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1991-
MAY 0 R
ATTEST:
City Clerk
- 2 - Res. No. 11-91
.
NOTICE OF ASSESSMENT
Date
TO: GRS Pension Trust (n/k/a RSS Properties)
ADDRESS: 160Q N. Federal Hi~hway. Delray Beach. F1 33444
PROPERTY: 227 NE 7th Avenne, Delray BeaC'h, Fl 11444
LEGAL DESCRIPTION: Lot S, Block ]27, 'WpllhroC'k !'mhnivi!'linn ;H'('nrning too
Plat Book 24, Page 219 of the official records of Palm Beach County, F1
.
~ the above-
You, as the record owner,of, or holder of an interest in,
described property are hereby advised that a cost of $71R ~o by resolution
of the City Commission of the City of Delray Beach, Florida, dated
, 1990, has been levied against the above-described property.
The costs were incurred as a result of a nuisance abatement action
regarding the above-described property. You were given notice on 12-5-90
that the Building Official has determined that a building located on the
above-described property was unsafe. You were advised in that notice of the
action that would be taken to remedy that unsafe condition and that the action
would be initiated on an emergency basis by the City.
You failed to appeal the decision of the Building Official to the
Board of Construction Appeals although you were informed of your
right to an appeal and of the procedures for obtaining appeal.
You have also failed to take the corrective action required by
the notice of the Building Official.
You appealed the decision of the Building Official to the Board
of Construction Appeals. You were given written notification on
that you were required to take the corrective action
required by the decision of the Board of Construction Appeals
within a stated period of time. You failed to take the action as
required by the order of the Board of Construction Appeals.
You appealed the decision of the Building Official to the Board
of Construction Appeals on . The Board of Construction
upheld the decision of the Building Official.
x An emergency action was undertaken at the above described
property to remove an unsafe condition. An appeal was not
received 30 days after the action was taken although you may
still have an appeal right as to the cost of the action.
,1>1
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The City of Delray Beach has therefore taken remedial action to remove
the unsafe condition existing on the above-described property on12-21-90
at a cost of $ 718,.30 which includes a ten percent (101.) administrative
fee. If you fail to pay this cost within thirty (30) days, that cost shall
be recorded on the official Records of Palm Beach County, Florida against
the above-described property.
Copy of all notices referred to in this notice are available in the
office of the B~ilding Official.
BY ORDER OF THE CITY COMMISSION.
City Clerk
, ,
"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERP/!
SUBJECT: AGENDA REPORT - MEETING OF FEBRUARY 12 , 1991
RESOLUTION NO. 12-91
DATE: February 5, 1991
This item is a Resolution assessing costs for abatement action
required to remove eleven ( 11 ) abandoned vehicles on various
properties throughout the City. The Resolution sets forth the actual
costs incurred and provides the mechanism to attach liens on these
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 12-91 assessing costs for abating
eleven ( 11 ) abandoned vehicles within the City.
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RESOLUTION NO_ 12-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION,
AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT
PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 90 of the Code of Ordinances, removed junked
and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions
of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his designated represent-
ative has determined that a nuisance existed in accordance with the
standards set forth in Chapter 90 of the Code of Ordinances, and did
furnish the respective owner(s) of the land(s) described in the
attached list with written notice of public nuisance pursuant to
Sections 90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner (s) named in the list attached
hereto and made a part hereof did fail and neglect to remove said
junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within
the time limits prescribed in Chapter 90 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as
required by Chapter 90 of the Code of Ordinances; and,
~IHEREAS, the Ci ty of Delray Beach, through the City Adminis-
tration or such agents or contractors hired by the City Administration
was therefore required to and did remove said junked and/or abandoned
vehicles owned by persons described in the list attached and made a
part hereof and incurred costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 90 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid; and,
WHEREAS, the City Commission of the City of Delray beach,
pursuant to Chapter 90 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS
Section 1. That assessments in the individual amounts as
shown by the report of the City Manager of the City of Delray Beach,
involving the City's cost of abating the aforesaid nuisances a copy of
which is attached hereto and made a part hereof, are hereby levied
against the parcel (s) of land described in said report and in the
amount (5) indicated thereon. Said assessments so levied shall, if not
paid within thirty (30) days after mailing of the notice described in
'"
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__ ...... ',._,_ . .._,____, __._._..._ - __.~ - ___. - ".__n___ ..---
~~~-_.,~------- -- - ----_.__._-~ -"----
------_.~._- ~-------._~-- . -- - ----------- ----~-_.,~~
Section 3, become a lien upon the respective lots and parcells) of land
described in said report, of the same nature and to the same extent as
the lien for general city taxes and shall be collectible in the same
manner and with the same penalties and under the same provisions as to
sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and
binding obligations upon the property against which said assessments
are levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable
within thirty (30 ) days after the mailing date of said notice of
assessment, after which a lien shall be placed on said property, and
interest will accrue at the rate of 8% per annum, plus reasonable
attorney's fees and other costs of collecting said sums.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein and shall become due and payable thirty (30 ) days after the
mailing date of the notice of said assessment (s) , after which a lien
shall be placed on said property(s), and interest shall accrue at the
rate of eight ( 8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30 ) days after the mailing
date of the notice of assessment, the Ci ty Clerk is hereby directed to
record a certified copy of this resolution in the public records of
Palm Beach County, Florida, and upon the date and time of recording of
the certified copy of this resolution a lien shall become effective on
the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable
attorney's fee.
Section 6. That at the time the City Clerk sends the
certified copy of this resolution for recording, a notice of lien, in
the form of prescribed in Section 90.06 of the Code of Ordinances, shall
be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the
day of , 1991-
MAY 0 R
ATTEST:
City Clerk
-2- Res. No. 12-91
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COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCES
PROEPRTY DESCRIPTION OWNER ASSESSMENT
LOT 5, BLK 61 (OLD SCHOOL KENNETH & CHAROLETTE G. $ 38.90
SQUARE HISTORIC DISTRICT), DURANTE 65.00 (ADM COST)
TOWN OF DELRAY, PB 1, P 3, (HUSBAND & WIFE)
PUBLIC RECORDS, PALM BEACH 2188-B W. ATLANTIC AVE
COUNTY, FL DELRAY BEACH, FL 33445
(15-17 SW 1ST AVENUE)
THE PT OF LOT 11 KIA W1/2 OF ELIJAH THOMPSON $ 38.90
DUPLEX, BLK. 4, PRIEST'S ADD 241 SW 14TH AVENUE 65.00 (ADM COST)
TO ATLANTIC PARK GARDENS, DELRAY BEACH, FL 33444
PB 23, P 70, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(241 SW 14TH AVENUE)
LOTS 8 & 9, BLK 6, (DEL- IDA J.C. & MARY AHERN $ 38.90
PARK HISTORIC DISTRICT), DEL (HUSBAND & WIFE) 65.00 (ADM COST)
IDA PARK, PB 9, P 52, PUBLIC P.O. BOX 2325
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL. 33447
(101 NE 4TH STREET)
LOTS 10 TO 16 INC., BLK 15, WILLIE WRIGHT $ 38.90
TOWN OF DELRAY, PB 13, P 18, 106 NW 12TH AVENUE 65.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL. 33444
COUNTY, FL
(217-219 SW 7TH AVENUE)
LOTS 3 & 4, BLK 8, DELL PARK, RICHARD A. COURT $ 238.90
PB 8, P 56, PUBLIC RECORDS, 1012 NE 3RD AVENUE 65.00 (ADM COST)
PALM BEAVCH COUNTY, FL DELRAY BEACH, FL 33444
(1012 NE 3RD AVENUE)
LOT 3, BLK 1, PALM STATE ANTON & JANICE PATTERSON $ 38.90
HEIGHTS, PB 26, P 54, PUBLIC (HUSBAND & WIFE) 65.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL 311 SW 9TH STREET
(311 SW 9TH STREET) DELRAY BEACH, FL. 33444
LOT 4, BLK 64, PT OF SUB OF LEVERT JR. & DEVONNE $ 38.90
BLK 64, DELRAY BEACH, PB 20, HERRINGTON 65.00 (ADM COST)
P 39,PUBLIC RECORDS, PALM (HUSBAND & WIFE)
BEACH COUNTY, FL 316 S. SWINTON AVENUE
(316 SOUTH SWINTON AVENUE) DELRAY BEACH, FL 33444
LOT 38 & W 25' OF LOT 39, FITZROY HUDSON $ 38.90
DELRAY MANOR ADD TO DELRAY, 518 SW 9TH COURT 65.00 (ADM COST)
PB 12, P 59, PUBLIC RECORDS, DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(518 SW 9TH COURT)
LOT 23, LINCOLN ATLANTIC PARK WILLIE J. FISHER $ 38.90
GARDENS, PB 23, P 226,PUBLIC 142 SW 13TH AVENUE 65.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444
(142 SW 13TH AVENUE)
LOTS 15 & 16, BLK 19, MELVIN LAURIA BACON $ 38.90
BURD SUB., TOWN OF DELRAY, 127 NW 6TH AVENUE 65.00 (ADM COST)
PB 11, P 73, PUBLIC RECORDS, DELRAY BEACH, FL 33444
PALM BEACH COUNTY, FL
(127 NW 6TH AVENUE)
W 130.47' OF LOT 6, LAMBERT JAMES L. & MAUREEN MAAS $ 38.90
TRAILER COURT, PB 22, P 41, (HUSBAND & WIFE) 65.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH 3285 LONE PINE ROAD
COUNTY, FL DELRAY BEACH, FL. 33445
(SE 12TH ROAD)
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR
INOPERABLE MOTOR VEHICLES ON PRIVATE PROEPRTY; EXCEPTIONS
-3- RES. NO. 12-91
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER f7v1
SUBJECT: AGENDA REPORT - MEETING OF FEBRUARY 12, 1991
RESOLUTION NO. 13-91
DATE: February 5, 1991
This item is a Resolution assessing costs for abatement action
required to remove nuisances on 34 properties within the City. The
Resolution sets forth the actual costs incurred and provides the
mechanism to attach liens on these properties in the event the
assessments remain unpaid.
Recommend approval of Resolution No. 13-91 assessing costs for abating
nuisances on 34 properties within the City.
a.~
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RESOLUTION NO. 13-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherein a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents or contractors hired by the City Administration was
therefore required to and did enter upon the land (s) described in the
list attached and made a part hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of De lray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance (s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
" .
I
--- ._ .__,_._____ .' _'U..'_,_'___' __.._.__~_ _.._~
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy of which is attached
hereto and made a part hereof, are hereby levied against the parcel (s)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid wi thin thirty ( 30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel (s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the Ci ty of De lray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien sha 11 be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mailing
date of the notice of said assessment(s) , after which a lien shall be
placed on said property(s) , and interest shall accrue at the rate of
eight ( 8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty ( 30) days after the mailing
date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
PASSED AND ADOPTED in regular session on this the day
of , 1991.
MAYOR
ATTEST:
City Clerk
- 2 - Res. No. 13-91
'"
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COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOT 13, BLK 1,SOUTHRIDGE, MACCIE FERGAN $1,500.00
PB 13,P 38 PUBLIC RECORDS, THE BLUFFS 50.00 (ADM. COST)
PALM BEACH COUNTY, FL. 174 HARBOURSIDE CIRCLE
(REIGLE AVENUE) JUPITER, FL 33477
LOT 3, BLK 5 SOUTHRIDGE, ANDRENOR VIL & $ 75.00
PB 13, P 38, PUBLIC RECORDS, DIEU-SEUL VIL 50.00 (ADM. COST)
PALM BEACH COUNTY, FL 401 SOUTHRIDGE ROAD
(401 SOUTHRIDGE ROAD) DELRAY BEACH, FL. 33444
LOTS 7 TO 9 INC., LINCOLN RUBIN & FRANCINE CLINTON $ 65.00
ATLANTIC PARK GARDENS, 1501 NW 1ST STREET 50.00 (ADM. COST)
PB 23, P 226, PUBLIC RECORDS, BOYNTON BEACH, FL 33435
PALM BEACH COUNTY, FL
(125 TO 135 SW 14TH AVE)
S5' OF LOT 1 AND N71.5' OF SYLVIA SCHUPLER TRUST $ 55.00
LOT 2, BLK. 30, TOWN OF 3101 WASHINGTON RD. 50.00 (ADM COST)
DELRAY, PB 1, P 3, PUBLIC W.PALM BEACH, FL 33405
RECORDS, PALM BEACH COUNTY, FL
(SW 5TH AVE.)
LOT 12, BLK 1, ODMANN'S SUB., MARIH HAYES EST. $ 130.00
PB 4, P 53, PUBLIC RECORDS, CIO WILLIE GOODMAN, JR. 50.00 (ADM COST)
PALM BEACH COUNTY, FL 123 GARFIELD AVENUE
(20 NW 13TH AVENUE) TRENTON, N.J. 08609
LOT 19, BLK 1, ODMANN'S SUB, O.W. & MILDRED BURROUGHS $ 50.00
PB 4, P 53, PUBLIC RECORDS, (HUSBAND AND WIFE) 50.00 (ADM COST)
PALM BEACH COUNTY, FL 243 BILBAD STREET
(NW 13TH AVENUE) ROYAL PALM BCH, FL. 33411
LOTS 19 TO 20 INC., BLK 5, SUB RAYMOND & DIANCE MANICAPRA $ 90.00
OF BLK 5, DELRAY BEACH PB 23, (HUSBAND AND WIFE) 50.00 (ADM COST)
P 72, PUBLIC RECORDS, PALM 13233 MILITARY TRAIL
BEACH COUNTY, FL DELRAY BEACH, FL 33445
(43 & 47 SW 8TH AVENUE)
LOT 6, BLK 9, ATLANTIC GARDENS, P. & GENEVA ROBINSON $ 440.00
PB 14, PA 63, PUBLIC RECORDS, E.JR. & DELORIS JOHNSON 50.00 (ADM COST)
PALM BEACH COUNTY, FL 322 NW 3RD STREET
(SW 11TH AVENUE) BOYNTON BEACH, FL. 33435
N125' OF S140 OF W92' OF WALTER J. SEYMOUR $ 25.00
E132' OF NW 1/4 OF SW 1/4 OF 10159 41ST TERRACE #217 50.00 (ADM COST)
SW 1/4, SUB OF SEC 4-6-43, BOYNTON BEACH, FL 33436
PUBLIC RECORDS, PALM BEACH
COUNTY , FL
(NE 2ND AVENUE)
LOT 21, BLK 3, CARVER PARK, MARY V. BROWN $ 35.00
PB 27, P 55, PUBLIC RECORDS, CEDONIA BROWN 50.00 (ADM COST)
PALM BEACH COUNTY, FL 502 SW 14TH AVENUE
(502 SW 14TH AVENUE) DELRAY BEACH, FL 33444
LOT 8 & 9, BLK 6, \DEL-IDA J.C. & MARY T. AHERN $ 50.00
PARK HISTORIC DISTRICT), DEL (HUSBAND & WIFE) 50.00 (ADM COST)
IDA PARK, PB 9, P 52, PUBLIC P.O. BOX 2325
RECORDS, PALM BEACH COUNTY, FL DELRAY BEACH, FL. 33447
(101 NE 4TH STREET)
N 1/2 OF E 1/2 OF LOT 16, FELIX J. DELANCY $ 40.00
BLK 30, TOWN OF DELRAY, PB 1, 470 DEKALB AVENUE 50.00 (ADM COST)
P 3, PUBLIC RECORDS, PALM BROOKLYN, N.Y. 11205
BEACH COUNTY, FL
(SW 4TH AVENUE)
-3- RES. NO. 13-91
.
LOTS 10 TO 16 INC., BLK 15, WILLIE WRIGHT $ 90.00
TOWN OF DEL RAY , PB 13, PA 18, 102 NW 12TH AVE 50.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444
COUNTY, FL
(217-219 SW 7TH AVENUE)
LOT 16, BLK A, TOURIST NOOK, VINCENT VILLAFANE $ 35.00
DELRAY, PB 24, P 235, PUBLIC MILAGROS VILLAFANE 50.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL 423 WILDER STREET
(NW 10TH AVE & NW 2ND ST) W. PALM BEACH, FL 33405
LOT 2, BLK A, CARVER MEMORIAL JULIA SIMMS $ 60.00
PARK SUB., PB 20, P 56, PUBLIC 204 NW 13TH AVENUE 50.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444
(204 NW 13TH AVENUE)
S50'OF E110' OF W 135' OF ETHEL SCOTT ESTATE $ 55.00
Sl/2 OF N1/2 OF LOT 6, SUB. P.O. BOX 245 50.00 (ADM COST)
OF SEC. 17-46-43, PUBLIC RUSHVILLE, NY 14544
RECORDS, PALM BEACH COUNTY,FL
(1119 NW 1ST STREET)
E45' OF LOT 80 & W15' OF LOT THOMAS & MARIA INGUANZO $ 55.00
81, DELRAY MANOR ADD. TO (HUSBAND & WIFE) 50.00 (ADM COST)
DELRAY, PUBLIC RECORDS, PALM 616 SW 9TH STREET
BEACH COUNTY, FL. DELRAY BEACH, FL 33444
(616 SW 9TH STREET)
LOT 19, SUNDY & TENBROOK ADD. J.E. & KAY B. WOMACK $ 50.00
TO DELRAY, PB 12, PA 32, (HUSBAND & WIFE) 50.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH P.O. BOX 2493
COUNTY, FL. DELRAY BEACH, FL. 33447
(SW 4TH AVENUE)
LOT 14, BLK B, CARVER MEMORIAL RUFUS NORMAN ESTATE $ 50.00
PARK SUB., PB 20, P 56, PUBLIC 1631 NW 10TH AVE. 50.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL FT. LAUDERDALE, FL 33147
(NW 15TH AVE)
S40' OF N256' OF E 135' OF DELORES RIGGINS $ 55.00
BLK 31, TOWN OF DELRAY, PB 1, 220 SW 4TH AVENUE 50.00 (ADM COST)
P 3, PUBLIC RECORDS, PALM DELRAY BEACH, FL. 33444
BEACH COUNTY, FL.
(SW 4TH AVENUE)
LOT 18, BLK 23, TONW OF MATILDA JOHNSON $ 60.00
DELRAY, PB 10, P 69, PUBLIC 225 SW 6TH AVENUE 50.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444
(SW 6TH AVENUE)
LOT 23, BLK 23, TOWN OF GRACE BARNETT $ 60.00
DELRAY, PB 10, P 69, PUBLIC 1401 39TH STREET 50.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL W. PALM BEACH, FL 33407
(SW 3RD STREET)
S25.3' OF LOT 4 & N24.7' OF EVERGREENE REALTY $ 42.50
LOT 5, BLK 60 (OLD SCHOOL ASSOC. , INC. 12.50 (ADM COST)
SQUARE HISTORIC DISTRICT), C/O JOSEPH ADINOLFI, jR.
TOWN OF DELRAY, PB 1, P 3, 1 FINANCIAL PLAZA
PUBLIC RECORDS, PALM BEACH HARTFORD, CT 06103
COUNTY, FL
(N SWINTON AVE. & NW 1ST AVE)
550' OF LOT 5, BLK 60 (OLD EVERGREENE REALTY $ 42.50
SCHOOL SQUARE HISTORIC ASSOC, INC. 50.00 (ADM COST)
DISTRICT) , TOWN OF DEL RAY , C/O JOSEPH ADINOLFI, JR.
PB 1, PA 3, PUBLIC RECORDS, 1 FINANCIAL PLAZA
PALM BEACH COUNTY, FL HARTFORD, CT. 06103
(N. SWINTON AVE & NW 1ST AVE)
-4- RES. NO.13-91
'"
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LOT 6, BLK 60 (OLD SCHOOL EVERGREENE REALTY ASSOC. $ 42.50
SQUARE HISTORIC DISTRICT), INC. 12.50 (ADM COST)
TOWN OF DELRAY, PB 1, P 3, C/O JOSEPH ADINOLFI JR.
PUBLIC RECORDS, PALM BEACH 1 FINANCIAL PLAZA
COUNTY, FL HARTFORD, CT 06103
(N. SWINTON AVE & NW 1ST AVE)
S50' OF LOT 11 & LOT 12, EVERGREENE REALTY ASSOC. $ 42.50
BLK 60, (OLD SCHOOL SQUARE INC. 12.50 (ADM COST)
HISTORIC DISTRICT) , TOWN OF C/O JOSEPH ADINOLFI JR.
DELRAY, PB 1, P 3, PUBLIC 1 FINANCIAL PLAZA
RECORDS, PALM BEACH COUNTY,FL HARTFORD, CT 06103
(N. SWINTON AVE & NW 1ST AVE)
S150' OF E 50' OF BLK 18, H. & HAZEL CLEM $ 60.00
TOWN OF DELRAY, PB 1, P 3, (HUSBAND & WIFE) 50.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH 3 SUMMER STREET
COUNTY, FL NORWALK, CT 06851
(NW 2ND ST & NW 5TH AVE)
E12' OF LOT 4 & LOT 5, BLK 4, DORIAS L. NOBLE $ 60.00
BELLEVIEW MANOR, PB 24, P 54, 208 SW 8TH COURT 50.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444
COUNTY FL.
(202 SW 8TH COURT)
S75' OF W135.6' OF BLK 39, LUCIUS SIMMONS $ 55.00
TOWN OF DELRAY, PB 11, P 34, 1301 KANAB AVE NW 50.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH PALM BAY, FL 32907
COUNTY, FL
(315 SW 3RD STREET)
S 50' OF N300' OF E135' OF O.C. STRAGHAN $ 60.00
Nl/2 OF BLK 31, TOWN OF C/O R. STRAGHAN 50.00 (ADM COST)
DELRAY, PB 1, P 3, PUBLIC 8841 NW 14TH AVE.
RECORDS, PALM BEACH COUNTY,FL MIAMI, FL 33147
(222 SW 4TH AVENUE)
N69.5' OF LOT 9, BLK 78, TOWN DOROTHY MAGER $ 60.00
OF DELRAY, PB 1, P 3, PUBLIC 553 WRIGHT DRIVE 50.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL LAKE WORTH, FL 33460
(SE 1ST STREET & SE 2ND AVE)
LOT 4, BLK A, WEST SIDE STRAGHN ENTERPRISES OF $ 65.00
HEIGHTS, DELRAY, PB 13, P 61, DEL RAY BEACH, INC. 50.00 (ADM COST)
PUBLIC RECORDS, PALM BEACH 26 SW 5TH AVENUE
COUNTY, FL. DELRAY BEACH, FL 33444
(NW 10TH AVENUE)
N30' OF E135' OF BLK 10, TOWN JAMES & BERNICE IVY $ 45.00
OF DELRAY, PB 1, P 3, PUBLIC (HUSBAND & WIFE) 50.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL 5103 28TH STREET
(NW 3RD STREET & NW 6TH AVE) PATTERSON, NJ 07514
E100' OF N50' OF BLK 18, TOWN JULIA SCAD LOCK $ 45.00
OF DELRAY, PB 1, P 3, PUBLIC C/O LAWRENCE SCADLOCK 50.00 (ADM COST)
RECORDS, PALM BEACH COUNTY,FL 2621 BOWEN ROAD SE/#104
(NW 5TH AVE & NW 3RD STRET) WASHINGTON, DC 20020
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER
CONSTITUTING HAZARDS; DECLARED NUISANCE
-5- RES. NO. 13-91
"
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAG~ ~YtY
SUBJECT: AGENDA ITEM # "'-" 8 Ie. - MEETING OF FEBRUARY 12, 1991
AWARD OF BIDS AND CONTRACTS
DATE: February 5, 1991
This item is before you for award of the following bids and contracts:
1. Computer Equipment- Environmental Services- Nynex, Inc. , in
the amount of $28,503.15 with funding from Water and Sewer
Equipment Other (Account No. 441-5161-536-60.89) . Account
balance $293,414.74.
2. Road Construction Material- Environmental Services-
Hardrives, Inc., in an estimated amount of $25,000 with funding
from Environmental Services Street Maintenance (Account No.
001-3113-541.35.55/59). Total Account balances $28,700.
3. *Irrigation System - 200 N.W. 1st Avenue- All Green Lawn
Sprinklers, Inc. (second low bidder) in the amount of $8,999.99
with funding from Water and Sewer Fund Capital Outlay (Account
No. 441-5161-536-60.31). Account balance $34,949.17.
4. Copy and Computer Paper- Annual Contract- Butler Paper (copy
paper) in an estimated annual amount of $17,800 and Better
Business Forms (computer paper) in an estimated annual amount of
$7,800 with funding from various Departmental Budgets
Operating/Office Supplies.
5. Maintenance Service Agreement-Water Treatment Plant Atomic
Absorption and Gas Chromatograph Units- Perkin Elmer (sole
source) in the amount of $13,905.36 with funding from Water and
Sewer WTP Clarifier Lab (Account No. 441-5162-536-60.76) .
Account balance $13,905.36.
*This item is on your agenda because of a recommendation from staff
not to award the bid to the low bidder.
Recommend approval of the above bids and awards.
I
Agenda I tem No.:
AGENDA REQUEST
Date: February 7, 1991
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: February 12. 1991
Description of agenda item (who, what, where, how much): Purchase Award -
_Ten microcomputers for Environmental Services, via Florida State Contract
ORDlHABCE/ RESOLUTIOH REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to Nynex Business Centers at a total cost of
$28.503.15 ,,; ~ ~/
~ ' /
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds): f(t..~ .
Fund~ng available: ~ NO (if apPli~le)
Funding alternatives:
Account No. & Description: '141-51,,/-55~. td-f'9 kY~ Fa ('-4,j" t'.tlI~
Account Balance:./I ~tf~ I{I~. '1"
J eru,4 ~
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
I
M E M 0 RAN DUM
TO: David T. Hardin, city Manager
THROUGH: Robert A. Barcinski, Assistant city Manager
Administrative Services
FROM: Ted Glas, Purchasing Officer 6~
/7j
DATE: February 7, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 12, 1991 - PURCHASE AWARD
MICROCOMPUTERS FOR ENVIRONMENTAL SERVICES
Item Before City Commission:
The City Commission is requested to award purchase of ten ( 10)
microcomputers to Nynex Business Centers, at a total cost of $28,503.15,
via Florida State Contract. Per the Budget Office, funding is from:
(
) .
Backqround:
Funds were placed in the FY 90-91 budget to purchase a computer network
system in the Enviromental Services Department.
Microcomputers are available via Florida State Contract #250-040-90-1. In
addition the vendor is offering a volume discount and rebate. Price
breakdown is on attached worksheet.
The MIS Office has reviewed and approved the purchase.
Recommendation:
Sta~f recommends award of this purchase to Nynex Business Centers, at a
total cost of $28,503.15, via Florida State Contract.
Attachments:
Price Worksheet
Documentation on State Contract
pc William Greenwood
Richard Zuccaro
I
.
MICROCOMPUTER
PRICE WORKSHEET
UNIT TOTAL
QUANTITY DESCRIPTION COST COST
10 8555-031 IBM PS/2 * $ 4275.00 $ 42,750.00
10 Debundling (Deduct) -(1399.00) (13,990.00)
10 30 MB Upgrade 270.00 2,700.00
10 DOS 4.01 16.00 160.00
10 Volume Discount (Deduct) - (79.00) ( 790.00)
10 Rebate - (300.00) ( 3,000.00)
1 Mouse 8770 65.15 65.15
2 Math Coprocessor 304.00 608.00
Total Cost $ 28,503.15
* Via Florida State Contract
.
1t01lo"&.0 W THOMA.. I
C;.CCtlTIYC DI.cc~_ I
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'1'ITLE: . Microcomputers
.-
BID NO.: 129-250-040-B
,
~~'lr':-'~.
CONTRACTOR(S): See Attached List SUPERSEDES: 250-040",:89-1
.." ,:"jI.'" "':':"i:'{ '.
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-
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A. AUTHORITY - Upon affirmative action taken by the State of ; ,
Florida Department of Ceneral Services on May 22, '.,,1990, a'i'!,;'
contract has been executed between the State of Florida and~'f.~....~
th d i t d ,,",',. ," 'I\o~ '~~,. . 'o'1if.;"
e es gna e contractors. ,,' .,'M(i~'~' ~;~(:"Si.>)"(;'
" "J ~~. i;."':~~. ~ ;,- ";"~'" ~'!-~-~~~." - ~-~ .,r ,t~;.~~\-,~- ':r~~';~ ~~,!'"
B~ EFFECT - This contract'was entered into to provide economies "
I in ~ the purchase ot Microcomputers by all State' ot~ Plorida')~t;",
Ii
, , agencies and institutions. ~ Therefore. in compliance with':;~",;
~ SE#ction 287.042, Plorida Statutes, all purchases of these'~:'.~~',
\
.^ commodities shall be made under the terms, prices. and \,~~, ..
~ conditions of this contract and with the suppliers specified.(~"";~",:,,
-I-' ~.~~ .\"~. . "" ;~~}i..' ~
C. ORDERING INSTRUCTIONS - All purchase {Irders shall be issued 'J:.~:c..f'
" in accordance with the attached ordering instructions.'~?~;
.~. Purchaser shall order at the prices indicated. exclusive of
i:- all federal, state and local taxes. ~
"
All contract purchase order:J shall show the Division of t
Purchasing contract number. product number. quantity,
description of item, with unit prices extended and purchase ~
ordor totaled. (This requirement may be waived when purchase
is made by a blanket purchase order.) Upon issuance. one
copy of each purchase order shall be forwarded to this ottice,
as provided in the Division ot Purchasin~ Rule 13A-l.008.
Florida Administrative Code.
"'.
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DIVISIONS .,' , ',;:, ";" '" '
""""~lUlln.. . ........ t" \"1' . lll'IIJll,,"U n""lN":1IU!Ii . UN\lI'1CA1.''''''' . t U:1I.1lIt:s ""!lI4(;Ult'~ '. "'.,,
&"'U"W411U1o "Jl\K:t... \k",.. I',,"&,. I't'&IUu.a&I\i4#. Mt1,0 ~ UUWL f'II,It\U.llUN. ~1lI'UlIo nUI''''I" .I,t"+;',
. , DEUVEIUtoiC v GOVERHloIi:NTAL st:nviQ;S, -;,.'(' ',' "'',#''''t.;;,,:~.
,:;. ',:, .' .' '0 11':,.'; "', ",;,,',_1' "" , '. ,lo '_.i.~..;':._t:(\,..
"~""'~$~~'"
"",. '';'';" """:;';, ' > ,C", '.1
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-
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( ~~'::~'<~'. ( ,.:.; ~< ....ji..'"".~
,
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PRIe! SH!!'T
rUU t
VI.~":)cR
Ia~ ~!~OCOHP~~~~ MODELS
!~~ P~SCSAl SYS~/: . PROCESSCP.S
h"t'
MOt!:. !'n.~!:t D!SCP.!~ION . ~t!.~~.!:) PR:C!
c;oVtJt"~-r
85.55/0303 Ptp~OSAL SYS~/: ~oc~ 1555-031
, (2 K3) W/16MH: a0386ax CPU. Zero Wait .CASER SYSTL~S, tNC. ...'
'.~
State. ~~hanc.d Keyboard. One 3.5 Inch ':Sl.
1.44M3 Disket:e. One 30M! fixed Disk S 3,768.00 _ (321) i
Drive. YCA Port. Serial/Parallel
Adapters. Ko~e Adap~er, I~~ ISO)
Honochroce Display, (1) 2-8MB Ka=ory
Expansion (PN J~S0609), (1) 1M! Ka=ory y~
Kodule tit (PV 6-50603). Cperat1nl ~:i":~: '-I'
S 31' :'S, CC) ,t
Systa=/: Extended Yl.2 (32:' ) ~
85.5.510312 P!P~ONAL SYS~/2 KODEL 1555-031 (~~) ,',
W/16M!% I0316sx CPU. Zero Walt State. *CABER SYST~~, tNC.
Enhanced leyboard, One 3..5 Incb 1.44MB $ 3,983.00
Diskette. One 30M! fixed D1sk Drive. YCA
Port. Serial/Parallel Adapters. Knuse
Adapter, I~~ IS12 Color D1.play, (1) 2-8
M3 Ma=ory ~~ans1on (PN 6450609), (1) 1M3 .
e Ma:ory Module lit (PN 6450603). Operatinl ~~
Sy.ta:!: Ex:6.nded VI. 2 S ~/qlf.. 00 (322
1.5.5.5/0313 P!!SONAL SYS~/2 KODEL 1.5.5.5-031 (2 HI)
W/16~ I0316sx CPU, Zaro Walt State, .CABER SYSTEMS, INC.
i- ~h&nced leybo&r~. One 3.5 Inch 1.44MB S 4,062.00 (323)
Diskette, One 30MB fixed Disk Dr1ve, VeA
Port. Serial/Parallel Adapters, House
Adapter, IlK 1513 Color Display, (1) 2-1
H3 Me=ory Expansion (PN 6450609). (1) 1MB
Ke=ory Module tit (PN 6450603). Oparatinl ~ .
. , Systa=/2 Extended Vl.2 S c,s -:.?5. 00
. . -F.:!uca tiCNJ. Price-See .
Special ~~C'\S for
:.-.~ Or.':".a t-ion.
%1)EYrIrt P1t!.\-n:R n-n:u Act m!S:
e 31 I': . .
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I~
c#:I;: [tem No.:
I. . 1991
Request to be placed 0 ~ ~
X Regular Agenda ,~ Workshop Agenda
N b, J a
When: JaR 29. 1991 (!J/
Description of agenda h) : Co-On Bid
Road Construction Materia]
ORDIIlIAHCB/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low bidder. Hardrives. Inc.. at estimated annual cost
of $25.000.
C/ ~~I
11, /
Department Head Signature:
Deteraination of Consistency with Coaprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Re~iew:
Approved for agenda: ~ NO ~
Hold Until: . ,
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
',"
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MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager
Administrative Services
FROM: Ted Glas, Purchasing Officer <?I~
DATE: January 15, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
JANUARY 29, 1991 - CO-OP BID AWARD -
ROAD CONSTRUCTION MATERIALS
Item Before City Commission:
The City Commission is requested to make award to low
bidder, Hardrives, Inc. , for various road construction
materials, at an estimated annual cost of $25,000. Per the
Budget Officer, unding is from: tJ("Jl- 3" 3 - 51./1... 3 ~. 5'~ /.35.51
( ..,.' It . ' )
lie ~ .
Background: 1 ", "~1 ~c.a ~L5 .t.;IJl'~~
r, '33 ~~/"1D() -l1>faQ '1 :<~/'il
The City of Purchasing Division is the lead
organization for this bid. Four (4) firms submitted bids on
December 13, 1990, based on estimated annual quantities of
six (6) governmental entities. (Documentation on file in
the Purchasing Office.) A tabulation of bids and bid
information sheet are attached for your review.
On January 7, 1991 the Palm Beach County Cooperative
Purchasing Group met and voted to recommend award of
materials that Delray Beach uses to low bidder, Hardrives,
Inc.
Recommendation:
Staff recommends award to low bidder, Hardrives, Inc. at an
estimated annual cost of $25,000. Funding as outlined
above.
Attachments:
Tabulation of Bids
Bid Information Sheet
pc William Greenwood
.
I
.
ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: .Jackie Rooney
Bid ::';pec i a 1 iE. t
THRU: ~~ad~ GEt brie 1 ) A ~..~ ,':j t . Ili rec-t,; '1' uf E r1 vi l"'() fi rnt",. n t.~J.l
S,:;rv ices /C i t.y EnCinet?rllg.
FROM: Mark Ki 1 b(,urw:~
Supt, (If 2, t.reet~~
DATE: .January 14, HF:jO
f. T.lE,JEeT: HARDRIVES - ROAD cnNSTFflCTION BID
I recornlw~nd i:iPl-'r',_.val of t.he CO-()i' bi d for r()ad C~() n s t.r"u(_' t j '-I f1
rn.':.1. t.f_~ r:1. .:.', 1 ~::' t.e) low bidder Hardrives [(11' qU,:Hl t i Lic's r(~CilJ(:.st (..(1.
7Jf~ ~
Mark Kilbourne
MK: mo:'
(~C. : WilJiam H. Grel"'nwo'.::,d, Direct.or of Environmental
Services
Fi 1e: MKPWSCO~I, MRC/Iudepart.men La J Me Im_' to Pure ha s i, ng
.
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:!L:~=~D . BOCARATON,FLOR'DA33432,3730 . PHON"'407>3937700 .
SUNCOM: (407) 922-7700
December 14, 1990
TO City of Boca Raton
City of Delray Beach
City of Deerfield Beach
Acme Improvement District
Solid Waste Authority of Palm Beach County
FROM Caroline R. Westfall, C.P.M. , Chairperson(!j2vJ
City of Boca Raton
SUBJECT Re-Bid - "Co-op Road Construction Materials" opened
12/13/90 at 10:00 a.m.
Attached are responses and tabulation sheet for our co-operative
bid referenced above. Please review with the appropriate personnel
within your entity.
Please be prepared to ratify the award by item at the next Co-op
meeting to the apparent low bidders listed below.
JTEM LQW _lU_RQ~.F.< 1lliJT PRICE
001 Hardrives $10.00jton
002 D.S. Eakins 4.60jton
003 Hardrives 3.24jton
004 No Bid -
005 Hardr.i.ves 8.00jton
006 Hardrives 12.00/ton
007 No Bid -
008 Hardrives 13.00jton
009 Hardrives Is.00/ton
OlO Hardrives 37.00/ton
011 Hardrives 1. 2s/ton
012 Premiere Recycling 1. 60/cu. yd.
NOTE: Remind your staff that the asphalt portion of this bid was
already awarded to East Coast Asphalt at our November Co-op meeting.
They were the sole bidder on the original bid with a price of
$27.7sjton for Type S-l, Type I I and III Asphalt.
CRW: j r
.
- AN EQUAL OPPORTUNITY EMPLOYER-
~
Agenda Item No. :
AGENDA REQUEST
Date: 01-10-Ql
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: li'pnrl1r.::lry l? lQQ1
Description of agenda item (who, what, where, how much): Bid Award -
Irrigation @ 200 NE 1st Avenue
Bid 1191-20
ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to All Green Lawn Sprinklers, Inc. for amount of $8,999.99
,lfd) ,~,
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds): j. .;.<.;c~~ ,,),1'1/~/
Funding available: ~ NO (if applicable)
Funding alternatives:
Account No. & Description: ~~/- 511,1-53(,-t.() ,3/ uJ/s F.rJ cL
Account Balance: 113~ 9'" .11 'C-t>-f: _l OLAfl,
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
I
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A Barcinski, Assistant City Manager/
Administration Services
FROM: Ted Glas, Purchasing Officer .#~
DATE: January 30, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 12, 1991 - BID AWARD - BID #91-20
IRRIGATION @ 200 NE 1ST AVENUE
Item Before City Commission:
The City Commission is requested to award contract to All
Green Lawn Sprinklers, Inc., in the amount of $8,999.99.
Per the Budget Office, funding is from: J./i./l- SIt,I. 5,:/1.. /'0-.3/
( /,.JiL!<A -l S e we,,- ':u..J d.. (f Co f''-! 4 ( 0....+ ~ ) .
Background:
Scope of Work
The work consists of installing a complete and operable
irrigation system as shown on the drawings at the old Public
Utilities Complex.
Fifteen (15) bids were received on January 17, 1991, all in
accordance with City purchasing procedures. (Bid #91-20.
Documentation on file in the Purchasing Office. ) A
tabulation of bids is attached for your review.
The low bid was submitted by Triple A Irrigation for the
amount of $8,900. The City Horticulturist has had problems
with this firm, and recommends they not be awarded this
contract, per attached memo.
The second low bid was submitted by All Green Lawn
Sprinklers, Inc. for the amount of $8,999.99.
Recommendation:
Staff recommends award to second low bidder, All Green Lawn
Sprinklers, Inc. , for the amount of $8,999.99. Funding as
stated above.
Attachments:
Tabulation of Bids
Recommendation from City Horticulturist
pc Lula Butler
.
MEMORANDUM
To: Ted Glas, Purchasing Administrator
From: Nancy Davila. Horticulturist/Special Projects coordin~
Re: RECOMMENDATION FOR AWARD OF BID - BID # 91-20 - IRRIG T ON
OLD PUBLIC UTILITIES COMPLEX
Date: January 25, 1991
I have reviewed the tabulation of bids for the above referenced project as
well as the breakdown of pricing from the three low bidders. Triple A
Irrigation is the lowest bidder at $8,900.00, All Green Lawn Sprinklers is
the next lowest bidder at $8,999.00 and finally Mac Nursery & Irrigation at
$9,455.00.
Triple A and All Green were the irrigation contractors on North Congress
Avenue and North Federal Highway, respectively. Although Triple A Irrigation
is the apparent low bidder by $99.99, due to situations that occurred during
the course of work on North Congress Avenue, I can not recommend that they
be awarded the bid. Problems encountered with Triple A Irrigation during the
course of work on North Congress Avenue were as follows:
l. Contractor failed to order materials needed for job in a timely manner.
2. Contractor failed to call to the owners attention ,apparent
discrepancies in the irrigation plans.
3. Contractor failed to have workers comply with safety standards,
specifically, employees failed to wear safety vests while working
within the right-of-way.
4. Contractor failed to conduct his own inspection of the system prior to
calling City for inspection, thus wasting City representative's time.
5. To date, the Contractor has failed to provide a letter from the well
driller as requested in my 12-10-90 letter, which would indicate
problems encountered with the wells and the measures taken to correct
the problems.
Additionally, the breakdown of the bid by Triple A did not list a pressure
relief valve that was specified in the addendum, All Green did. Although the
City would not be bound to pay Triple A and extra for this omission in the
bid, had it been included, Triple A's price would have been higher.
I am recommending that the bid be awarded to AII- Green Lawn Sprinklers in
the amount of $8,999.99.
c: Lula Butler, Community Improvement Director
,
JANUARY 11, 1991 TABULATION OF BIDS
BID 191-20
BEAUTIFICATION PROJECT - IRRIGATION
CITY OF DELlAY BElCS PilOR PUBLIC UTILITIES COMPLEl I
200 I.V. 1ST AVE.
-------------------- ----- --
Triple A All Green Mac Nursery & Windmill Florida Design
VENDOR Irrigation Lawn Sprinkler Irrigation Sprinkler Co. Irrigation
---------------------- -------------------- - -
TOTAL LUIIP SUIl $ 8,900.00 $ 8,999.99 . $ 9.455.00 $ 9,875.00 $ 9.990.00
I
---------------------- ------------ -+-
COIlIlENTS I EXCEPTIONS: Addendum #1 Addendum #1 I Addendum 11 Addendum 11 Addendun 111
acknowledged acknowledged acknowledged acknowledged acknowledged
-1-
,-, -- ~ - - - ".-..-
.
JANUARY IT, 1991 TABULATION OF BIDS
BID 191-20
BEAUTIFICATION PROJECT - IIIIGATION
CITY OF DEL RAY BEACH PRIOR PUBLIC UTILITIES COMPLEl ,
200 N.V. 1ST AVE.
---------------- -
Southeastern Mc Coy Stiles Sunny land Aquamatic
VENDOR Irrigation Co. Irrigation Landscape Svc. Irrigation Sprinkler Sys.
---------------------- -------------------- -
TOTAL LUMP SUIl $ 9,999.98 $ 10,350.00 . $ 10,439.00 I $ 10,444.00 $ 10,600.00
I
---------------------- ------------------- -
COIlIlENTS / EXCEPTIONS: Addendum #1 Addendum 11 IAddendum II Addendum IH Addendum /11
acknowledged acknowledged acknowledged acknowledged acknowledged
.
:
-2-
.
.
.
JANUARY 17, 1991 TABULATION OF BIDS
BID 191-20
BEAUTIFICATION PIOJECT - IiiIGATION
CITY OF DELIAY BElCH PiIOR PUBLIC UTILITIES COKPLEI I
100 N.V. 1ST AVE.
--------- ------ ----------- ------- -
Ralph Osborn Jara Newberg ARZ Builders Rainbow
VENDOR Inc. Landscaping Irrigation Inc. Sprinklers
---------------------- ------------------ -- -------- -
TOTAL LUKP SUK $ 10,900.00 $ 10,999.00 . $ 12, 850. 00 I $ 30,456.00 $ 9.713.00 **
I
---------------------- -------------------- ---------....-----
Addendum #1 IAddendum #1 ** Non-respon
COKKENTS I EICEPTIONS: Addendum III Addendum #1 sive bid.
acknowledged acknowledged acknowledged Not Acknowled- Bid Forms not
ged submitted.
No signature
submitted.
Addendum 111
not acknow-
ledged.
-3-
-- '
Agenda Item No.:
AGEHDA REQUEST
Date: February 6, 1991
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: February 12, 1991
Description of agenda item (who, what, where, how much): Contract Award -
Copy Paoer & Computer Paper - Annual Contract via Florida State Contract
ORDlHABCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award contract for copy paper to Butler Paper at estimated
annual cost of $17.800.
Award contract for Computer Business Forms at estimated annual
cost of 7 800.
d~' t
Department Hea ~gna ure:
Determination of Consistency with eoaprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involvinq expenditure
of funds): 'v'IJi:-.' 0 C< ~ ~H- pc. ,z,:l1Yl~ ,.J -ic:>- t a~Jl"L is - Of'2,z--.A'N7 /orr'eJL S'-'-fP l.e s
Funding available: ~/ NO
Funding alternatives :'- Vc:14..'''>'i s: (if applicable)
Account No. & Description: .J..., ~-e... &Jr1'
Account Balance:
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
I
M E M 0 RAN DUM
TO: David T. Hardin, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager
Administrative Services
FROM: Ted Glas, Purchasing Officer ~~
/7
DATE: February 6, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 1 2 , 1991 - CONTRACT AWARD
COpy PAPER & COMPUTER PAPER - ANNUAL CONTRACT
Item Before City Commission:
The City Commission is requested to make multiple awards, as stated below,
for copy paper and computer paper, at an estimated annual cost of $25,600.
Per t~ Budget Offi,c~, fundi~ is fr?m: ,
( 7 CUu ~ JL.,.;.c I. J l"' +5 / oJ'i'flu.l. AJ ,. ) .
/ b~~.'~ f~U-lfl:~
Backqround: I ~
The State of Florida Purchasing Office offers annaul contracts on copy and
computer paper for both recycled and standard paper.
COpy Paper:
This recycled product falls within the 110% price guideline
established by the City, and therefore recycled paper is being
recommended from Butler Paper.
Computer Paper:
Most of the types of recycled product do not fall within the price
guidelines established by the City, and therefore standard paper is
being recommended on all but three (3 ) types, per attached cost
comparison sheet. (Vendor for both is Better Business Forms.)
Recommendation:
It is recommended that the annual contract for copy paper be awarded to
Butler Paper at an estimated annual cost of $17,800. It is further
recommended that the annual contract for computer paper be awarded to
Better Business Forms at an estimated annual cost of $7,800. Funding as
outlined above.
Attachments:
Cost Comparison Sheet
Documentation on State Contracts
.
~~~~~~~~ ~~ ~ ~
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~~"' JIM SMITH
DEl''''~T'tE~T or GE~EnAl. SEn\'ICES 5,( Ill' "..... ,t S''''I
I.) ~.. R08E~1 A BUTlfRWORTH
!~ ; 1\1"0' IH'ILnr\t;, ~CIII E. CAI'L.., ST. A""0".tt. G. ".r Ita.
.~ 4-
"i ' ,':! GERALO lI'...,s
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' , ,~
~ ~
" ' BIll C;vN'fR
....;. "'. ,tl"'" S" a.. T... to, Nt...
OO'l[ L('........ER
C...............I'..' .. . A,...., . ...-"
UO"'-.,;^.l' .., , tt ,.;...... BE-.l. '-"-STOP
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I'IL'~I '1111111" 1111'1 \ '0
Room 613
CERTIFICATION OF CONTRACT
TITLE: Pape r : Cuts.i.ze, Office; CONTRACT NO.: 645-120-89-1
Bond, Dup11cator, Himeo,
Xerographic, Web Roll
BID NO.: 427-645-120-C EFFECTNE: October 1, 1988
thrpUJth September 30, ~
(t'evls ) SlEprt. Mau .3"1 1'191
C()NTRACTOR~ Mac Papers, Inc. (A) SUPERSEDES: 645-120-88-1
-
A. AUTHOR IT} - :':~,~,:m affi rmati ve action taken by the State of
Florida Depaltment of General Services on September 27, 1988, a
contract has been executed between the State of Florida and the
de~ignateJ contractors.
B. EFFECT - This contract was entered into to provide economies i it
the purchase of Pb.?er: Cutsize, Office; Bond, Duplicator,
Mimeo, Xerographic, Web Roll by all State of Florida agencies
and institutions. Therefore, in compliance with Section
287.04~, Florida Statutes, all purchases of these commodities
shall be made under the terms, prices, and conditions of this
contract and with the suppliers specified.
C. ORDERING INSTRUCTIONS - All purchase orders shall be issued if
accordance with the attached ordering instructions. purchasel
shall order at the prices indicated, exclusive of all federal,
state and local taxes.
All contract pUlchase crders shall show the Division of
PU1;:-ehasi ng con~: act number, product number, quantity,
de~;;ription of item, with unit prices extended and purchase
order totaled. (This requirement may be waived when purch~se
is made by a blanket purchase C' -ler.) Upon issuance, one copy
of each purchase order shall t-~ for~arded to this office, as
provided in the Division of Purchasing Rule 13A-l.OO8, Florida
Administrative Code.
DI \'ISI()1\:~
\l1'""..IU\II4" -1""1' 1"1"'" ....,.. P,'LI ()"'IU'.t....u". t..tl'\'".''' \IU.'.... I" 111111' \1\'\'(.":''':'1
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D.'I.I\'HU~t: G(l\'EH~~IE~TAI. St:IWICES
.
, ,-~:...\;. \~.~ " ,-
CONTRACT 645-120-89-1 . .,......
. PRICE SHEET ,~
MIMEOGRAPHIC - UNWATERMARKED - 20 LB. - REGULAR GRADE 14
645-120-540-0220 8-1/2 X 11" WHITE 10-39 S 28.80
40-99 $ 27.67
r
100-199 S 27.08
200-799 S 25.93
BRAND: Yorktown Mimeo 800+ $ 25.34
XEROGRAPHIC - UNWATERMARKED - 20 LB. - REGULAR GRADE #4
645-120-970-0100 8-1/2 X II" WHITE 10-39 S 28.10
40-99 $ 26.98 *
100-199 S 20.42 I
200-799 $ 25.27 I
I
BRAND: Quick CODY XeroQraohic D.P. 800+ S 24.72
and/or US-~ Copy
645-120-970-0120 8-1/2 X 14" WHITE 10-39 $ 35.74 It
40-9S $ 34.30
100-199 $ 33.59
200-799 $ 32.17
BRAND: Same as Above 800+ $ 31.46
CHARGE FOR DRILLING STANDARD 3 HOLES 1.75/M (All sizes. all types)
COST OF INSIDE DELIVERY ~/CTN (All sizes. all :ypes)
WEB PRESS ROLLS - 14. 50. OFFSET - SMOuTH FINISH
NET DELIVERED
COMMODITY NO. llir MANU PRICl PER CWT.
645-120-800-0100 11" X 40" DIAM. WHITE Husky Offset S 52.01
QUANTITY DISCOUNTS
$ 47.69 /CWT (40.000# minimum)
COST OF INSIDE DELIVERY 2.00 tROll
VENDOR NAME: MAC PAPERS
-18-
Revised 9-17-90
ILB
.
_., ~".'_~': - . ,'1..-
....:...-........ _...~ . . ;: t('.l':..:,~~.. ~"~'.''': .:"'';.,...._.
- ,
CONTRACT 645-120-710-RECYCLEO
PRICE SHEET
~~ATERMARKED - 20 L8. 80ND - REGULAR GRADE 14
NET DELIVERED PRICE
COMMOD !TV NO. illJ: CARTON BREAKS PER JR. CARTON
645-1/0-710-0100 8-1/2 X 11- WHITE 10-39 s 30. 19 t
20 LB.
40-99 S 29.61
100-199 S 28.69
200-799 s 27.98
800+ s 26.99
BRAND: ARDOR/NEXT GENERATIO~ RECYCLED XERO/BOND
S4S-120-710-0110 8-1/2 X }4- WH I TE 10-39 S 38.41
20 LB.
40-99 S 37.74
100-199 ~ 36.50
200-799 S 35.60
800+ S 34.32
BRAND: ARDOR/NEXT Gf~ERATION RECYCLED XERO/BOND
645-120-710-0120 11 X 17" Will 10-39 S 30.19
20 LB.
40-99 S....29 .1l
100-199 S 28.69
200-799 S 27.98
800+ S 26.99
BRAND: ARDOR/NEXT GENERATION RECYCLED XERO/BOND
645-120-710-0130 8-112 X 11- Wliill 10-39 s 36. 22
24 LB.
40-99 S 35.60
1 00-199 S 34.43
200-799 s_~
800+ S 32.40
BRAND: ARDOR/NEXT GENERATION RECYCLED XERO/BOND
-0 , VENDOR t~AME: 8Ul TER PAPER
- , -27-
(Revised 10/01/90)
I1b
t-" ',.'.,.
.~~ :--~-"'p ~ >(.~.
STATE OF FLOIllDA BOB MARTINEZ
GovC.~o"
H . J\1oI SMITH
'~ DEPARTMENT OF GENER.\L SERVICES S<<C~.tA~. Of STAll
t'''" .... ROBERT'" BUTTERWonTH
/~. ..J... -::. KOGER EXECUTIVE CENTER AT 'fO"N[v G( Nr. .....l
~.MJj CERALD LEWIS
2737 CENTERVIEW, DRIVE ST...lf CO"'PT"O~...[A
TOM GALLAGHER
'-.~~~.~~ ._ ,.._~_!.,,:,, K:-;IGHT BUILDING - SUITE 110 TR(&.SVfI(A
DOY~E CONNER
TALLAHASSEE. t'LORIDA 32.199.09~O COM...15StO A O' A0NIC'..l. tUNE
~tJ'"...A...D \/V lHOMA~, BETTY C,,",STOR
F" \,., D..,t " I. CO...I.4IS510N[/ii' ('It Ec..,UCAT.O,..
"I.EASE "IlIlIlL" IH.I'l.l' TO
SU He 220
i
CERTIFICATION OF CONTRACT I
TITLE: Stock Computer Forms - Carbon CONTRACT NO.: 645-260-91-1
Interleaved and Carbonless
BID NO.: 310-645-.260-C EFFECTIVE: October 15. 1990
through October 14, 1991
CONTRACTOR(S) : Better Business Forms, Inc. (A) SUPERSEDES: 645-260-89-1 i
Bowater Computer Forms (A) !
Moore Business Forms (A)
Shade Computer Forms, Inc. (A)
ANY QUESTIONS. SUGGESTIONS. OR CONTRACT SUPPLIER PROBLEMS WHICH MAY ARISE
SHAll BE BROUGHT TO THE ATTENTION OF MARTHA HANCOCK AT (904) 488-2347
SUNCOM 278-2347
A. AUTHORITY - Upon a ffi rmat i ve action taken by the State of Florida
Department of General Services on September II, 1990, a contract has been
executed between the State of Florida and the designated contractors.
B. EFFECT - Thi s contract was entered into to provi de economi e!:i in the
purchase of Stock Computer Forms - Carbon Interleaved and Carbonless by
all State of Florida agencies and institutions. Therefore, in compliance
with Section 287.042, Florida Statutes, all purchases of these commodities
shall be made under the terms, prices, and conditions of this co~tract and
with the suppliers specified.
C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance
with the attached ordering instructions. Purchaser shall order at the
prices indicated. exclusive of all federal, state and local taxes.
All contract purchase orders shall show the Division of Purchasing contract
number, product number, Quantity. descri~,tion of item, with unit prices
extended and purchase order totaled. (This requirement may be waived when
purcha~e is nlade by a blanket purChase order.) Upon issuance. one copy
of each purchase order shall be forwarded to this office, as provided in
the Division of Purchasing Rule 13A-1.008, Florida Administrative Code.
DIVISIONS
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Agenda Item No.:
AGENDA REQUBST
Da te: Februarv 08. 1991
Request to be placed on:'
Consent
a~w~ Agenda Special Agenda Workshop Agenda
When: February ~2, 1991
Description of agenda item (who, what, where, how much) : Request City
Commission to approve Atomic Absorption and Gas Chromatograph units. These precise computerized
laboratory equipment units are used to test for organic and heavy metals to ensure a safe drinkinq water supply
The maintenance plan is for 7/1/91 to 6/30/92. Proposed funding source is 441-5162-536-60.76 in the amount of
$13 .905 .36.
ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Staff recommends approving the Perkin-Elmer Maintenance Plan. This sole source
procurement is necessary to keep the equipment in operation and updated in accordance with manufacturers
\..' reauirements.
Department Head Signature: ~- ~-s:2 0',",,-..1
Determination of Consistency with Comprehensive Plan:
"!"
City Attorney Review/ Recommendation (if applicable):
Budget Dir~tor Review (required on all ite.. involving expenditure
of funds): { ,l ",L(tL~Lu r?/1/'11
(
Funding available: @ NO
Funding alternatives: (if applicable)
Account No. & Description: ~tf~ ht',.I~ k /.~. <J..t'Y$ 0<.)0
Account Balance: ;t / 3, ftJl ,3 'I~/- SiC -~jt. -!,(j.lt. ~
City Manager Review: t...:>/~ ii ~ ~ -
G i1; wit /"
Approved. for agenda: / NO ,-bJ 'Q-jlt)l 11/
Hold Unt1l: .
I,
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
I
M E M 0 RAN DUM
TO: David T. Harden,
City Manager
THRU: William H. Greenwood, Director /IIt~
Environmental Services
Ernest A. Kaeufer, Assistant Director fit '/1 (, /~i/
Environmental Services
Larry J. Martin, Deputy Director/{
Environmental Services . /
FROM: Don Haley, Superintendent
Water Treatment Plant
DATE: January 24, 1991
SUBJECT: APPROVAL FOR INVOICE NO. R071190
? t:.~L0 .:;; ,. /..io () R071190 for approval
We are herewith submitting !flvoicc No. by the City Commission; e.g. request for Maintenance Plan by
Perkin Elmer covering a time period from 7-1-'91 to 6-30-'92
at a cost of $13,905.36 for the new AA and GC units now
located at the Lab of the Water Treatment Plant (attached) .
The initial justification for Perkin Elmer as the sole
desired source for the required services was stated in a
memo by L. Martin to W. Greenwood, dated December 28, 1990
(attached) .
To further justify the use of Perkin Elmer as the service
facility of choice, it should be recalled that the AA and GC
units represent a considerable investment on the part of the
Department of Environmental Services and form the backbone
of our future water quality assurance projects; i.e. protec-
tion of the accuracy and reliability of these instruments
must be essentially guaranteed.
Because of the complexity and diversity of the above instru-
ments, Perkin Elmer maintenance specialists are required to
maintain them to original equipment performance specifica-
tions. I want to emphasize that a factory trained service
technician is not an adequate or acceptable credential.
I
To repair the instruments, the technician must have access
to the entire internal Perkin Elmer technical staff. This
includes design engineers (electrical, optical, mechanical) ,
programmers, mathematicians, chemists, etc. ) . The Perkin
Elmer technicians, even with years of field experience, need
to consult frequently with specialists throughout the Perkin
Elmer organization. Also, Perkin Elmer field technicians
have access to field service reports and updates, proprie-
tary mechanical drawings and electrical schematics, special
tools and testing apparatus, continuing training, etc.
Based on the above, we request that the City Commission
accepts what are technical reasons for justifying the use of
Perkin Elmer as the service/maintenance facility of choice.
Sincerely,
,
~- -
\ .h", , ~J..~
-----
D. Haley ,
Superintendent
Water Treatment Plant
cc: W. Greenwood, Director, Environmental Services
E. Kaeufer, Assistant Director, Environemental Services
L. Martin, Deputy Director, Environmental Services
D. Haley, Superintendent, Water Treatment Plant
T. Glas, Purchasing Officer
P. Jarovitzky, Ph . D. , Acting Laboratory Manager
DH: j af
DHREQ
File: Memo to City Manager
,<' I
J~~
~ tjbI~}
//J/~I
MEMORANDUM
TO: william H. Greenwood
Director of Environmental Services
THRU: Ernest A. Kaeufer
Asst. Director of Environmental Services/
Public Utilities
FROM: Larry Martin
Deputy Director Operations
SUBJECT: INVOICE APPROVAL
DATE: December 28, 19~
Attached is the maintenance listing for the AAU & GC units
at the new Water Treatment Plant Laboratory.
The existing equipment is under warranty until this
maintenance plan would take over. The existing budget did
not have this plan as a line item. Therefore, this invoice
is being changed to the capital project number. We will put
this amount in the next fiscal year budget.
This maintenance plan is sole source due to the intricate
equipment and the degree of sophistication of measurements.
The plan also offers us an 11% discount if purchased now.
/
l_..#'
ATTS:
cc: Don Haley, Superintendent Water Treatment Plant
Peter Jarovitzky, Environmental Analyst
File; Interoffice memo to Director of Environmental
Services
LMWASCOl
.
.
PERKIN-ELMER MAINTENANCE PLAN
DATE QUOTED: 11/02/'7'(1
o NEW RETURN TO: F'EF:t::: I N--ELMEF:
400 TECHNOLOGY PARK STE. 'I
J.
D LAKE MARY. FL :;'2746 PERKIN-ELMER
ADD ON PLAN NO.
D RENEWAL
CUSTOMER: BILLING ADDRESS:
C" Ji '{ ; 1 i." Dt:l_hH Y bEACH CITY' OF DEU;:AY E't:,HCH
_00 SW 6TH STREET (~C::COUN TS Pf-lY~18!,,_:.::
DEU((~Y BEACH. FL::::::::A44 200 Sw ~T~ STPEEl
JJEl._F:(~ y BE?iCH. F!.__ ,- ::,44Ll
ATTN OF: F:f::ED UOfHE TELEPHONE: ( '+0/ } 24,~,- /,: 18 I }
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PAYMENT CHOICE:
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AUTHORIZATION \ j t-- , r;J{ PURCHASE ORDER NO.:
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ 1/rr-
SUBJECT: AGENDA ITEM # CJ~ - MEETING OF FEBRUARY 12, 1991
ACCEPTANCE OF REPORT OF APPEALABLE LAND USE ITEMS
DATE: February 5, 1991
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period of January
28th through February 11th. The following actions were considered
during this reporting period:
Planning and Zoning Board:
-Accepted public testimony regarding Community Infrastructure
Needs.
-Certified the Falterbauer Plat as final.
Site Plan Review and Appearance Board:
-Approved the request from Personal Custom Tailoring located
at 232 S.E. 5th Avenue for repainting of the building facade.
-Denied the request from Snappy Car Rental located at 959
S.E. 6th Avenue for repainting a portion of the building;
however, approved the change if the entire building was
repainted.
-Preliminary elevations for Greater Mount Olive Missionary
Baptist Church located at N.W. 4th Avenue and N.W. 1st Street
(non appealable).
-Preliminary elevations for the Water Treatment Plant located
at S.W. 4th Street and 7th Avenue.
The Historic Preservation Board did not hold a meeting during this
period.
". .
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: MACGREGOR-HARTY, CITY CLERK
'...." ~UCteL-
THRU: ' DA ID VACS, DIRECTOR
~ARTMENT OF PLANNING AND ZONING
m-r.. ~
FROM: JASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF FEBRUARY 12, 1991
REPORT OF APPEALABLE LAND USE ITEMS
JANUARY 28, 1991 THRU FEBRUARY 11, 1991
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
review of appealable actions which were made by various
Boards during the period of January 28, 1991, through
February 12, 1991.
BACKGROUND:
This is the method of informing the City Commission of land use
actions, taken by designated Boards, which may be appealed by the
Ci ty Commission. After this meeting, the appeal period shall
expire (unless the 10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides
that the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may
file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on
the next meeting of the Commission as an appealed item.
Planning and Zoning Board meeting of January 28, 1991:
1. Accepted public testimony regarding Community Infrastructure
Needs for consideration in the preparation of the Public
Improvements Work Program for the next fiscal year (91/92).
.
- . City Commission Documentation
Report of Appealable Land Use Items
January 28, through February 11, 1991
Page 2
2. Certified the "Falterbauer Plat", as a final plat.
The plat will be forwarded to the City Commission for action
upon receipt of County Health Department permits. As a
separate item the City Commission will consider a correcting
ordinance to change the zoning district from AC to GC at its
February 12th meeting.
All other items have either been previously considered or are
scheduled for the City Commission consideration on February 12,
1991.
Site Plan Review and Appearance Board meeting of January 30,
1991:
Note: Two miscellaneous items relating to repainting the
building facades of commercial businesses were considered.
* The Board approved the request from Personal Custom
Tailoring located at 232 S.E. 5th Avenue.
* The Board denied the request from Snappy Car Rental located
at 959 S.E. 6th Avenue to repaint only a portion of the
building, however approved the change if the entire building
was repainted.
Two preliminary elevation considerations were before the Board.
They were The Greater Mt. Olive Missionary Baptist Church (N.W.
4th Avenue and N.W. 1st Street) and the Water Treatment Plant
expansion project (S.W. 4th Street and 7th Avenue).
The above items are not subject to this appeal provision.
Historic Preservation Board: No meeting was held during this
period.
RECOMMENDED ACTION:
By motion, receive and file this report.
JA/#51/APP.TXT
MEMORANDUM
TO: MAYOR AND C~MISSIONERS
FROM: CITY MANAGE ,~
SUBJECT: AGENDA REPORT - MEETING OF FEBRUARY 12 , 1991
APPEAL OF PLANNING AND ZONING BOARD DECISION- BINGO HALL
DATE: February 5, 1991
At your January 8th regular meeting the Commission considered a
request for a conditional use to allow a Bingo establishment at the
Congress Square Shopping Plaza located on the southwest corner of
Atlantic and Congress Avenues. The development proposal was to
convert a vacant 10,476 square foot shopping bay, previously occupied
by Eckerd Drugs, into a Bingo Hall. The proposed hours of operation
were, seven days a week, from 5 p.m. until 11:30 p.m. The maximum
total occupancy was expected to be approximately 400 persons. A
security guard (present on site during all bingo session), and a snack
bar (no grill) was also proposed.
After hearing public testimony, and new evidence presented by the
applicant, the Commission by a 5-0 vote remanded this item back to the
Planning and Zoning Board for further consideration. The
modifications offered by the applicant included limitation on hours of
operation; use of a rear entrance; parking lot signage to direct
patrons to the rear; parking lot signage to prohibit use of certain
spaces, and; outside security and assistance.
The Planning and Zoning Board at their January 28th meeting considered
this new information. Nine conditions were recommended, if approval
were to be granted. The applicant objected to only one, which calls
for a six foot fence to be installed along the length of the south
property line. The Board voted for denial unanimously (7-0 vote). A
detailed staff report is attached as background material for this
item.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ALISON MACGREGOR-HARTY, CITY CLERK
<Lv\J%6u~
FROM: D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 12, 1991
APPEAL OF PLANNING AND ZONING BOARD DECISION RE BINGO @
CONGRESS SQUARE (Continued Item)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City conunission is that of
reversing an action of DENIAL made by the Planning and
Zoning Board with respect to the establishment of a BINGO
operation, as a conditional use, in the Congress Square
Shopping Center (southwest corner of Atlantic and Congress).
BACKGROUND:
This item was first before the City Conunission on January 8th.
At that time, the applicant presented additional information and
offered the following modifications in order to mitigate impact
of the requested use:
* Limitation on hours of operation;
* Use of a rear entrance;
* Parking lot signage to direct patrons to the rear;
* Parking lot signage to prohibit use of certain spaces;
* Providing outside security and assistance.
(Please refer to the P&Z Staff Report for a full description
of each item.)
In that this was new information, the conunission remanded the
item to the Planning and Zoning Board for further consideration
and reconunendation. Staff analysis of the revised situation is
found in the attached Staff Report. Nine conditions were
reconunended, if approval were to be granted. The applicant
objected to only one - #4 which called for a six foot fence to be
installed along the length of the south property line.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of January 28th. The Board considered testimony from Jim
Johnson, Architect, and Irv Steinberg, Applicant Representative.
city Commission Documentation
Meeting Of February 12, 1991
Appeal of Planning & Zoning Board Decision Re Bingo
@ Congress Square (Continued Item)
Page 2
They also heard from three tenants of the Center. The tenants
felt that while the proposed controls sounded good, that they
would be unworkable.
Board Members were unanimous (7-0) in affirming their previous
recommendation of DENIAL. Basis for the position included: that
it was not demonstrated that enough is being done to alleviate
the parking situation e.g. use of valet parking and valet parking
area in the rear (Currie) ; the proposed use being a "victim of a
poorly design center" which is not geared toward accommodating
such a use (Naron & Krall).
RECOMMENDED ACTION:
By motion, affirm the position of the Planning and Zoning Board
and reject the appeal.
Attachment:
* P&Z Staff Report & Documentation of January 28, 1991
DJK/#78/CCBINGO.TXT
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PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
TO: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH
FROM: PAUL DORLING, PLANNER II
SUBJECT: AGENDA ITEM IV.A. REGULAR MEETING OF JANUARY 28, 1991
RECONSIDERATION OF CONDITIONAL USE REQUEST TO ESTABLISH
A BINGO HALL AT CONGRESS SQUARE SHOPPING CENTER.
ITEM BEFORE THE BOARD:
The item before the Board is reconsideration of a
Conditional Use request to establish a Bingo Hall at the
Congress Square Shopping Center. The project is located at
the southwest corner of Congress Avenue and Atlantic Avenue.
The item has been remanded back to the Board by the City
Commission to review new information presented at the City
Commission appeal hearing.
BACKGROUND:
A proposal to establish a Bingo operation (two bingo sessions
each evening) in the former 10,476 sq. ft. Eckerd Store with the
Congress Square Shopping Center was before the Board on December
17, 1990. A public hearing was held and representatives from
Lexington Homes and the Scoreboard, tenants within the shopping
center, spoke in opposition to the request citing inappropriate
location of parking spaces which will be needed to accommodate
the use. It was noted that even though there would be a
reduction in average daily traffic (ADT) (single purpose use
opposed to previous retail use) there will be an impact with
respect to peak movements at the beginning, changing and end of
the sessions. This peak impact also apples to parking.
The Board concurred that while the shopping center had a
sufficient number of parking spaces, they were located in such a
manner that as designed, the Bingo operation would take up
parking spaces immediately north of its entrance and thus have an
adverse impact upon tenants including the potential for reopening
the outbuilding as a restaurant.
The Board inquired of the applicant as to whether or not the main
entry could be located on the south side (rear) of the shopping
center. The response was no. The Board then denied the request
on a 6-0 vote (Parker absent).
On December 27, 1990 the Board's action was appealed to the City
Commission pursuant to Section 2.4.7(E) of the LDRs. In the
appeal letter (copy attached) the applicant proposed changes to
the description of the Conditional Use which had not been
considered by the Planning and Zoning Board. J)l: R ·
To: Planning and zoning Board City of Delray Beach
Re: Reconsideration of Conditional Use Request to Establish
a Bingo Hall at Congress Square Shopping Center.
Page 2
At the City Commission meeting of January 8, 1991 the appeal
request was remanded back to the Planning and Zoning Board for
review of the new information.
PROJECT ANALYSIS:
The new information which accompanied the appeal to the City
Commission included the following components:
A. Hours of operation (Bingo Games) to commence after 6:30
p.m. (previously a 5:00 p.m. operating time was
proposed) .
B. To provide a rear entrance.
C. Parking lot signage to direct patrons to the south
(rear) parking area.
D. Parking lot signage prohibiting use of certain spaces
by Bingo clientele; thus leaving those spaces available
for other tenants.
E. Reference is also made to providing appropriate
security for bingo patrons.
A narrative was requested of the applicant outlining the proposed
parking solution including the numbers and locations of spaces to
be used; the basis/rationale for the amount of parking spaces
which will be assigned to this use; the manner in which parking
will be enforced, the method of directing patrons to the main
entrance (rear of the building) , and any proposed security
measure that will be employed. A plan exhibit showing the above,
as well as elevation changes to the rear of the building
(entrance changes) has been submitted and a copy is attached. In
summary the improvements include:
* Limiting capacity to 300 persons;
* Use 70 parking spaces to the rear of the center and 50
spaces in the front as per exhibit;
* Installation of signage to direct bingo patrons to the
rear of the center;
* Addition of a security person (off-duty policeman)
between 6:00 - 10:45 p.m. to both help direct patrons
to the rear and provide security in the rear during
sessions;
* Installation of rear canopy to the rear elevation of
the center.
I
To: Planning and zoning Board City of Delray Beach
Re: Reconsideration of Conditional Use Request to Establish
a Bingo Hall at Congress Square Shopping Center.
Page 3
Parking:
The rational pertaining to parking demand is reasonable and
should be accepted. Thus 120 spaces should be designated for use
by Bingo patrons. While a parking control program is described,
there is no mechanism for its enforcement.
Other Items: I
During the public hearing on December 17, 1990 current tenants
reported break-ins and security concerns around the rear of the
center. During an on-site inspection it was noted that no fence
exists along the rear of the center which is bordered by a dense
wooded area of the Congress Park POCo If the main entry is to be
to the rear of the center, a fence would provide additional
protection.
To the rear of the center, near the proposed rear entry, general
disrepair is evident. General cleaning-up of trash areas along
with repair of broken curbing, and replacement of missing
vegetation is necessary. A trash enclosure also exists which is
of insufficent size to accommodate a dumpster. Consequently, the
Scoreboard's oversized dumpster is unscreened and sits in parking
spaces.
Modifications should be made to the existing dumpster enclosure
to accommodate a dumpster for the Bingo operation. In addition,
Scoreboard's dumpster should be placed in a proper screened
dumpster enclosure. With the establishment of this use, it would
not be appropriate to require the applicant to address
Scoreboard's dumpster; however, modification of the existing
dumpster enclosure, repair of curbed areas, replacement of
missing vegetation should be addressed.
Assessment:
The exhibit provided appears to minimize impact on parking spaces
currently utilized by patrons of the existing tenants. This
impact would be realized only if most of the bingo patrons
followed instructions and parked to the rear of the center. It
is questionable that older persons usually associated with bingo
operations will feel safe and comfortable with the rear parking.
The applicant has proposed to use an off-duty police officer to
provide security and direct traffic to the rear. However, one
security person could not be in the front of the center directing
people to the rear and in the rear of the center providing the
exposure and security which may be necessary for newly parked
patrons. A strong visual security presents is necessary because
if a security risk is perceived people will not park in the rear.
To this end the existing steel door ( 4 ' x7 ' ) should be replaced
with glass doors which "open up" the rear entry. An eight foot
(8') width should be considered. Additional building lighting at
the rear entry should also be provided.
..
To: Planning and Zoning Board City of Delray Beach
Re: Reconsideration of Conditional Use Request to Establish
a Bingo Hall at Congress Square Shopping Center.
Page 4
Alternatives:
A. Continue with direction.
B. Determine that the new proposals do not adequately mitigate
concerns which were the basis for denial on December 17,
1990 and therefore recommend denial of the Conditional Use
request based upon a failure to make positive findings with
respect to Chapter 3 (Consistency) and Section 2.4 .5(E) (5).
(Specifically that the use will have a detrimental effect
upon the stability within the immediate area and that it may
hinder development of the immediate property.)
C. Determine that the new proposals mitigate concerns which
were the basis for denial and recommend approval based on
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of
the Comprehensive Plan, and Section 2.4.5(E)(5), and subject
to the following conditions:
1. Limit capacity to 300 people at anyone time;
2. Subject to having at least one on-site security person
each night 6:00 - 10:45 p.m.;
3. Installation of signage as indicated on the attached
exhibit;
4. Installation of a 6 ' fence along the entire south
property line;
5. Hours of game operation to be limited from 6:30 to
11:00 p.m.;
6. Provide an 8' wide glass entry on the south elevation;
7. Provide additional lighting around the entry or the
south elevation;
8. Modification of dumpster enclosure, repair of curbing
and replacement of missing vegetation around rear entry
area.
9. Site plan approval, by SPRAB, shall address the
specifics of the parking lot signing and rear lighting
in addition to the elevation changes.
.
To. Planning and Zoning Board City of Delray Beach
R: Reconsideration of Conditional Use Request to Establish
e. a Bingo Hall at Congress Square Shopping Center.
Page 5
RECOMMENDATIONS:
No recommendation is put forth at this t~me unt~l impact on
effected tenants can be determined thru publ1c test1mony.
Attachment
* Applicants appeal.request
* Applicants narrat1ve
* Shopping Center tenants response to the appeal letter
* ~;~~~~~64~t.
PD/#36/BINGO.TXT
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I
I 'FloriJa Veterans Memorial 23uilJing 'Fund Inc.
"We Remember with Fond Affection Those Veterans , ...{. t!-
Who Made the Supreme Sacrifice" ~i..Cl'-" 1/1c
poP C/,t-'
December 27, 1990
City Commission
City of Delray Beach, Florida
100 N. Wi . 1st Avenue
Delray Beach, FL 33444
RE: Appeal of ZoninQ Board Decision ~
Florida Veterans Memorial Buildinq Fund, Inc. BinQo Hall at
Conqress Square
Honorable Mayor & Members of the Commission:
At the meeting of the Delray Beach Planning & Zoning Board, held
on December 17, 1990, the Board denied the request of the Florida
Veterans Memorial Building Fund, Inc. for a conditional use
approval to establish a Bingo Hall at Congress Square because of
the lack of adequate parking.
The basis of this appeal is to address the concern about adequate
parking. We believe that there is significant numbers of parking
spaces available in the rear of the property. We propose,
therfore, to provide a rear entrance, with appropriate security
and signage to direct bingo patrons to the available spaces, and
away from the spaces in front of the property.
In addition, in order to address the concern of the adjacent
tenant, we propose to provide signage in the parking spaces
allocated for their use which would prohibit bingo parking.
As a further measure to minimize the impact on the adjacent
businesses we agree to limit the hours of the operation to after
6:30 PH.
~
-.~~ ,~~-
--~-
. I
~ .
All other staff requirements will be implemented, without
exception, such as:
Handicap Access
Internal FIre Suppression Sprinklers
Voice Evacuation Alarm System
Additional Bathroom Facilities
Adequate Egress Facilities
Adequate Security Personnel
In view of the foregoing, it is respectfully requested that the
Commission approve the application for the conditional use to
establish a BIngo Hall at Congress Square.
The appeal is being brought by the Florida Veterans Memorial
Building Fund, Inc. Our interest in the matter Is to operate
bingo for the benefit of various charitable organizations, such
as the American Legion, Veterans of Foreign Wars and Jewish War
Veterans, which, in turn, use the funds generated at veterans
hospitals and out patient clinics, needy veterans and their
families, and giving aid to the many homeless veterans.
Sincerely,
~IDA VET~~ANS MEMORIAL FUND, INC.
'~ ~ ~ ~ +:""7
-^' ~~ . V'\ ~ .
IRVIN STEINBERG ~.
President
."
. ~
. ~iV James A. Johnson
""el! Architect
PH. 305-243-1715
Suite 5 310 S.E. First Street Delray Beach, FL 33483
January 16, 1991
..""'~~ ~\tl.:....ij~~'" "
.......... .....1 . "j ',".. ,
Mr. David Kovacs, Director 8~,~.rf~\<1 V\-; .
Planning Department \ ,". .
and .) . I 17 \"t)'
Planning & Zoning Board Jt\,\
CITY OF DELRAY BEACH , " i'lI il:'
100 N. W. 1st Avenue I I'.N\1\\ F.J L,:. I ' ,
Delray Beach, FL 33444 p~, ~
Re: Proposed Bingo Hall at Congress 'Square
to be located in existing Eckerd Drugstore
building with an area of approximately
10,000 square feet
Dear Mr. Kovacs and Board Members:
On behalf of the Florida Veterans Memorial Building Fund,
this is in response to the letter from Jasmine Allen dated
January 10, 1991 requesting specific information. We will
respond in the format outlined in the letter.
QUESTION #1: Number and location of parking spaces to
be used and the basis and rationale for those calculations.
------------------------------------------------------------
The Organization is willing to set an upper limit of 300
people, rather than the 400 that was previously discussed. They
feel that, in actual fact, a reasonable number of participants is
200 to 250 people.
Based on the experience of other bingo halls in the area,
the number of patrons per automobile is approximately 2.5.
The actual requirement would be 120 parking spaces, based on the
times when the bingo hall would be completely full at the
maximum occupancy of 300 people.
.
The allocation of the 120 spaces required, 50 spaces could
be accomodated near the front of the center and 70 spaces could
be accomodated in the rear of the center. This arrangement
allows adequate parking for the adjacent businesses along the
front of the center.
An additional support for the rationale Is the traffic
standards as they apply to theaters. The number of people per
vehicle is found to be 2.3 persons per vehicle.
Architecture, Planning, Construction Management
Mr. David Kovacs and
Planning & Zoning Board
January 16, 1991
Page 2 of 3
QUESTION 12: The manner in which the parking would be
enforced and directed.
------------------------------------------------------------
We are proposing to install signs in the areas of the
parking lot of the center where bingo patrons would be
discouraged to park. Those spaces would be adjacent to the
existing restaurant businesses, such as Scoreboard Lounge, which
seems to have a high demand for parking.
In addition, we are proposing signage which would direct
bingo patrons to parking in the rear of the center. After the
patrons have some experience with attending the bingo hall, they
will learn that the spaces in the rear are very accessible.
An additional method of directing patrons to the rear
parking spaces could be accomplished by the security guard on the
premises. It is anticipated that the security person would be an
off-duty policeman, who would be on the premises from
approximately 6:00 p.m. to 10:45 p.m. In discussions with the
Delray Beach Police Department, Lt. Twitty expressed a
willingness to provide an off-duty officer and was given the
final approval to do so by the Chief of Police.
The first session begins at 6:30 p.m. and patrons begin
arriving around 6:00 p.m., so the police officer would be there
to assist them to park in the proper areas. The officer would
also be on the premises to provide additional security for the
vehicles that are parked in the rear of the center.
As an additional security measure, it is customary that the
staff in the bingo hall would provide assistance to departing
patrons when the session is over at approximately 10:15 p.m.
..
Mr. David Kovacs and
Planning & Zoning Board
January 16, 1991
Page 3 of 3
QUESTION *3: A plan exhibit showinq the location of
parking spaces and elevation changes to
rear of building (the main entrance)
-----------------------------------------------------------
We have submitted a plan showing the spaces assigned to the
bingo hall, as well as the adjacent operating businesses.
I have also included a sketch of the anticipated
improvements to the rear of the building (ma in entrance).
Yours
J AJ : mj
Enclosures
cc: Lou Goldstein
Irvin Steinberg
I
January 3, 1991
City commissioners of Delray Beach ~~cc~nWlEID)
JAN 8 1991
100 N.W. 1st Avenue
Delray Beach, FL 33444
PLANNING & ZONING
Dear Sirs/Madams:
_. . .
The following retailers are located in the Shoppes of
Congress Square located at the corner of West Atlantic Avenue
and Conress Avenue. in Delray Beach, Florida:
Nursefinders
Delray Physicians Care Center
Dr. Arlyn Jacobus
L.J. Gonzer Associates
Lexington Homes, Inc.
Telcom
Quality Data Entries
Dr. Neil Feuer, D.D.S.
Aliage & Co Boutique Saloon
Insurance World
Barnett Bank
Scoreboard Restaurant & Saloon
Subway, Inc.
. Silver Wok Restaurant
This group of retailers have been a part of this community
and wish to give notice that they are not in favor of the
granting of the Appeal of Planning and Zoning Board Action
regarding Bingo at Congress Square. We feel that there were
several factors that were recognized by the Planning and
Zoning Board that resulted in their 6-0 unfavorable vote
towards granting a conditional use request to the Bingo Hall.
They were:
1. There is simply not enough parking spaces in the
Shopping Center to accommodate the permanent parking
of anywhere from 150 to 250 additional cars every
night from 6:30 to midnight. The traffic flow and
the available entrances to and from the center are
not adequate.
2. There is not a realistic way to enforce where Bingo
participants and other Shopping Center customers
would park even if they were directed to park only
in reserved spaces. This would cause a great deal
of hardships in administrative conflicts and current
customer inconveniences.
.
,"
Letter to City Commissioners of Oelray Beach
January 3, 1991
Page 2
3. The tenants of the Shopping Center have struggled to
encourage solid retail leasees to rent in our
Center. We fear that if any single leasee is
established as a permanent entity consuming this
many parking spaces, it would automatically exclude
potential retailers from considering the Shoppes of
Congress Square for their future establishments
because of a definite parking problem. There are
currently approximately 22(?) other retail bays
available to rent, not including the proposed Bingo
Hall and the free standing restaurant space (6,000
sq ft.) on the corner.
4. It was somewhat inaccurate to portray the Shopping
Center as having the majority of its tenants closed
while the Bingo establishment was open for business.
In reality, of the current leasees listed in this
letter only 3 do not have hours of operations
that would conflict with the proposed Bingo Hall.
In addition, one would assume that future retailers,
would be open during the evening hours, especially
Friday, Saturday, Sunday, and Holiday times. This
does not take into effect that your own Staff Report
indicates there is some 26,000.00 square feet
available for restaurant sites within the Shopping
Center. In general, restaurant hours of operation
are anywhere from 7:00 a.m. to 2:00 midnight
everyday.
Having read the Planning an Zoning Department's Memorandum
dated December 31, 1990, we find nothing substantially
different from the original proposal submitted by the Bingo
Hall representatives. We do question the assertion that
there are approximately 80 parking spaces available in the
front of the proposed site. Our count is much closer to
40-45.
In closing, we respectfully submit our feelings concerning
the granting of an Appeal of the Planning and Zoning Boards
denial of a conditional use request for Bingo At Congress
Square. We hope the above proves satisfactory to you and if
you should require any additional information from us, please
contact us at the below telephone numbers.
Sincerely,
Tenants of Congress Square
(See attached signat~e page)
.__~_H__._.
I
Letter to City commissioners of Delray Beach
January 3, 1991
Signature Page
Tenants of Congress Square Shopping Center:
Tenant Telet'hone Number
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High Point tWl22
Community Action Committee 91
Sections 1 thru 7 l
City of Defray Beach} FL 33445
Jan. lS, 1991
Ma10r To. Lynch
Cit1 of Delrey Bch.
100 N.W. let Ave.
DelI'8.1 Bcb. Fl. J3M4
Dear Mayor Lynch:
We refer to item 9 - B regular City Commielion
Agenda of Jan. eth. regarding conditional uee request for' Bingo Parlour
at Congress Square. corner of Atlantic Ave. and CongreES Ave. which vas
denied by Plt'nning snc Zon1,ng.
This letter vill eerve to add our opposition to this
request for the following reasonsl
1 - Per~ing facilitiee ere not adequate.
"_ Very little activity in this area during the evening, ereating a
dangerous situatien. requiring additional police protection.
3 - There i8 no good reBEon to attraot large groupe from outside the Oft1
to compete \lith bingo prograJlS of variouE churchee, !aerican Legion,
end our own War Veterans.
We hope, therefore, the City Commission will not go
forWArd with this proposal.
Sincerely,
High Point Community Action Committe
~
P.eply to'
Jack l<ellenaan ~.,<^.<.-~
1)~2 - D High Point Way N.E.
Delray Boh. Fl. 33~45 --,~ .- . ..' \j
~~- ",=:; ~ - -",-
Ph - 49~-o2PS
\::.-" 'ICy() \
,.....'
co - Comaiseloner Bill Andrews ,
.
. leve Randolph '. ,
Jay Alperill .; #
\'. :,,','" "
Al'Il8 nd Mouw . .-
gar/
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM, CITY MANAGE~f\I\-~
SUBJECT: AGENDA REPORT - MEETING OF FEBRUARY 12, 1991
APPEAL OF PLANNING AND ZONING BOARD DECISION- SMILACK
REZONING PETITION
DATE: February 5, 1991
This is an appeal of a Planning and Zoning Board decision denying (5-1
vote/-Currie dissenting/Parker absent) a petition to rezone property
located on the north side of the C-15 Canal between Federal Highway
and the Intracoastal Waterway from Planned Residential Development
(PRD) District to Special Activities District (SAD) in order to
accommodate a proposed boat dock.
There are eight existing docks on this property. The docks have been
completed under the auspices of being an accessory use to the adjacent
townhouse unit owned by the applicant. The applicant is seeking the
SAD zoning district to allow the use of the docks by the Pelican Way
Boatowners Association thus allowing other property owners to utilize
the existing dock facilities. Pursuant to Section 4.4.7(C) of the
Land Development Regulations, boat docks are allowed accessory to a
single family home in the PRD Zoning District; however, use is
restrict to that of the applicant or his friends. With the granting
of a SAD zoning designation, a Boatowners Association would be
established and the docks would be utilized by members of the
Association.
The Planning and Zoning Board at their December 17th meeting
recommended denial (5-1 vote/-Currie dissenting/Parker absent). At
that meeting representatives of abutting property owner associations
and nearby residents spoke in opposition to the request. Subsequently
an appeal of the Planning and Zoning Board decision was filed. The
applicant has put forth proposed changes to the petition since the
Planning and Zoning Board's review. It may be appropriate to remand
this item back to the Board for consideration of the new information.
However, if the Commission feels that the new information is not
substantive, then an action of denial should be taken. A detailed
staff report is attached as backup material for this item.
It should also be noted that, at the applicant's request, Ordinance
No. 27-91 has been placed on your agenda for first reading. This is
a rezoning Ordinance from PRD to SAD. Action will also need to be
taken on this item.
C6\\,OIll~ / to fctlJ (ltvP lA~ 0 /_~ J-v;>L ~
~~.('\ ~ ~ (;tt001 l,)Jd~Il('~~
~) 1 - q / \~t1 f) /\ di/cIJ - ~ f"O
) @.G" ~-' ~C
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: /-,,~ISON MACGREGOR-HARTY, CITY CLERK
( "~J1k~
FROM: ~-~D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 12, 1991
APPEAL OF PLANNING AND ZONING BOARD DECISION, SMILACK
REZONING, PRO TO SAD
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
reversal of a Planning and Zoning Board action to deny a
rezoning request.
The project involves the use of existing boat docks for the
Pelican Way Boatman's Association. It is located within the
Pelican Harbor development.
BACKGROUND:
This item was previously scheduled for action by the City
Commission but requests from the applicant for a deferral has
delayed it to this meeting.
Attached is the staff report that was prepared for the previous
consideration. The report emphasized that there had been no
offer of changes to the petition as considered by the Planning
and Zoning Board and that the basis of the denial was sound.
Subsequently, the applicant's legal representatives have put
forth proposed changes as follows (see letter of February 4th for
details):
* foregoing of subdivision of the property to create
parcels to be added to the adjacent townhome units;
* provision of a seven foot ( 7' ) wide area adjacent to
the docks which is landscaped and accessible from the
docks themselves;
* enclosure of the balance of the parcel with its
exclusive use to be in conjunction with the townhome
owned by the Smilacks;
.
.
city Commission Documentation
Appeal of Planning and Zoning Board Decision,
Smilack Rezoning, PRO to SAD
Page 2
* creation of an interest in favor of the Pelican Way
Boatmen's Association on the land adjacent to the
docks;
* that participation in the Pelican Way Boatmen's
Association (i.e. use of the docks) shall be restricted
from owners in Captain's Walk until such time as direct
pedestrian access is provided from the Captain's Walk
dock or other suitable location;
* new information to the effect that the City can require
a gate for emergency access from the Captain's Walk
cul-de-sac area.
Based on the above, it would be appropriate for the City
Commission to refer the item back to the Planning and Zoning
Board for consideration of the new information. However, if the
Commission feels that even with the new information the request
should be denied, then an action of denial should be taken at
this time.
Also, please refer to an associated agenda item dealing with
first reading of the rezoning ordinance.
RECOMMENDED ACTION:
By motion, accept the new information and refer . fh~~
~t to the
Gommi88iQ~ for further consideration and recommendation.
2xJf\\""~ ~~
Attachment:
* P&Z Staff Report & Documentation
* Letter of February 4, 1991, from Peter Breton, Attorney
* Letter of transmitting rough sketch plan, 2/4/91 - Breton
DJK#77/CCSMI.TXT
.
.
LAW OF'F'ICES
MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P.A.
THOMAS M. BEASON BARNETT CENTRE. 9'H FLOOR LINDA R. MCCANN
PETER L. BRETON 625 NORTH FLAGLER DRIVE ANDREW..J. MCMAHON
ROBERT BRODY POST OFFICE BOX 3888 LISA A. MILLER
GREGORY D. COOK .JON C. MOYLE
E. COLE F"ITZGERALO, III' WEST PALM BEACH, FLORIDA 33402 ..JODY H. OLiVER
..JOHN F. FLANIGAN TELEPHONE (407) 659-7500 DAVID S. PRESSLY
AN DREW F"UL TON, Dr FACSIMILE (407) 659 -1789 PATRICK E. QUINLAN
MYRA GENOEL - MARK E. RAYMOND
NANCY MALLEY GRAHAM TALLAHASSEE OFFICE THOMAS A.. SHEEHAN, m:.
WINSLOW O. HAWKES. m TELEPHONE (904) 66,-3628 DONNA H. STINSON
LYNN G. HAWKINS MARTA ~. SUAREZ- MURIAS
FACSIMILE (904) 661-6766 SAMUEL A. THOMAS
MARTIN V. KATZ
- WIt... TON L. WHITE
W\LLlAM B. KING
RONALD K. KOLINS STUART OFFICE THOMAS L. YOSET
STEVEN A. ....AYANS TELEPHONE (407) 268 -I 144 .JOEL H. YUDENF"REUNO
FACSI....,LE (407) 266-1499
February 4, 1991
Mr. David Kovacs VIA TELECOPI ER
Director of Planning and Zoning
City of Delray Beach
100 NW 1st Avenue
De1ray Beach, FL 33444
Re: Appeal of Smilack/S1izyck
Rezoning Petition
Our File No. 19/457/3
Dear Da ve :
Ron Ko1ins and I appreciated the oppportunity to meet with you
on Friday and further discuss the resolution of the issues in this
rezoning. In an effort to insure that all of the issues were
covered and that we all have a common understanding of the agreed
upon resolutions of those issues, I would like this letter to
serve as a summary of our meeting.
The following issues are those which wre raised in the January
14, 1991 meeting between you, Jeff Kurtz and me, and resolved at
the February 1, 1991 meeting as described:
1. Subdivision of upland parcel: The applicants agree not
to subdivide the upland parcel into three parcels as
described in the original application.
2 . Fe nc e a r 0 u nd upland parcel: We agree to provide a sketch
plan to you showing the applicant's proposal for
developing the upland parcel, followed by a detailed site
plan prior to the second reading. After conSUlting with
/!" Mr. Smilack, we can represent that he plans to enclose
,'/_' '~ the upland parcel with a fence in order to provide
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Mr. David Kovacs
February 4, 1991
Page 2
security and safety for his proposed po 0 1 . This fence
will be set back at least seven ( 7 ) feet from the right
of way line of the C-IS Canal. The resulting 7 foot
pedestrian easement will be landscaped to present an
appealing and aesthetic aspect from the canal and
neighboring properties. Of course, the areas within the
fenced area will be sodded and land scaped.
3 . Use of uplands property: We agreed that fee ownership of
the up land property will r e ma in in the appl ica nt . The
applicant intends to use the upland property for a
swimming pool as an accessory to the ad j acent town home.
As you know, the townhouse lot and the upland parcel are
joined in a recorded unity of title. You indicated that
this accessory pool is or could be an allowable use under
the S.A.D. zoning.
4 . Boatman's Association ownership interest: We ag reed that
the Boatman's Association would have a real property
interest in the up 1 a nd parcel. The exact type of
interest was not determined, although we discussed
leases, easement s and other non-fee interests. We agreed
to submit our proposal to the City Attorney.
S. Pedestrian access from Captain's Walk: We agreed to a
condition that would prevent owners of Captain's Walk
waterfront uni ts f rom be ing eligible for use of the docks
until pedestrian access from the east side of the upland
property has been provided.
6. Fire access: We agreed that the City Building Department
would investigate the permit for the existing chain link
fence along the Captain's Walk frontage. If, as we have
been told, the fence is not properly permitted, the City
will take action against the appropriate association to
remove the fence or require an access gate for emergency
services.
We will also meet with the Fire Chief to determine
whether adequate fire access can be gained from the north
side of the parcel, through the townhouse development.
If I have omitted anything or if any clarifications are in
order, please call me right a wa y . Otherwise, we will be
proceeding with the understanding that your concerns are being
2139 Z
" .
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Mr. David Kovacs
February 4, 1991
Page 3
addressed. We appreciate your cooperative approach in trying to
resolve this most difficult situation.
Very truly yours,
,/~ {~?~'
h0/ ~Y\Ljt?f/i ......
1--/ P~t. gretcm
PLB/dl
cc: Ronald K. Kolins, Esq.
Mr. Steve Smilack
Jeffrey Kurtz, Esq.
2139 Z
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LAW OFFICES
MOYLE, FLANIGAN, KATz, FITZGERALD & SHEEHAN, P.A.
THOMAS M. BEASON eARNETT CENTRE . 9T~ F'LOOR LINDA R. MCCANN
PETER L. BRETON 625 NORTH F'LAGL.ER DRIVE ANDREW ..J. McMAHON
ROBERT BRODY POST OF'F'ICE eox .3888 L.ISA A. MILl...ER
GREGORY D. COOK ..JON C. MOYLE
E. COLE F'ITZGERALD, m WEST PALM BEACH. FLORIDA :3:3402 ,JODY H. OLIVER
..JOHN F, FLANIGAN TELEPHONE (407) 659-7500 DAVID S. PRESSLY
ANDREW F'ULTON,m FACSIMILE (407) 659 -1789 PATRICK E. OUINLAN
MVRA GENDEL - MARK E. RAYMONO
NANCY MALLEY GRAHAM TAL.LAHASSEE OF'F"ICE THOMAS A. SHEEHAN. m.
WINSLOW D. HAWKES. m TELEPHONE (904) 681-3828 DONNA. H. STINSON
LYNN G. HAWKINS (904) 681-8788 MAR"'" M. SUAREZ-MuRIA.$
MARTIN V. KATZ F'ACS'M'LE SAMUEL A. THOMAS
WILLIAM e. KING - WIL TON L.. WHITE
RONALD K, KOUNS STUART OF'F'ICE THOMA.S L. YOSET
STEVEN A. MAYANS TELEPHONE (407) 288 -1144 ..JOEL H. YUOENFREUND
F"ACSIMILE (407) 288-1499
February 4, 1991
Mr. David Kovacs VIA TELECOPIER
Director of Planning and Zoning
City of De1ray Beach
100 NW 1st Avenue
De1ray Beach, FL 33444
Re: Smilack Rezoning
Our File No. 19/457/3
Dear David:
Enclosed please find a copy of a ske tch plan for Steve
Smilack's proposed use of the upland parcel. As you can see, he
is proposing a 7 foot landscape and pedestrian easement area a long
the water frontage to be controlled by the Boatman's Association.
We will call you later today to get your comments.
Very truly yours,
~ ya;::'..
/ it. ..~~f(/)U
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e t e r L. B r e ton
PLB/dl
Enclosure
cc: Mr. Steve Smilack
Ronald K. Kolins, Esq. r ~,.~'--- ~"--.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ALISON MACGREGOR-HARTY, CITY CLERK
"
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FROM:
ZONING
SUBJECT: MEETING OF JANUARY 8, 1991
APPEAL OF PLANNING AND ZONING BOARD DENIAL OF THE
SMILACK REZONING PETITION (PRD TO SAD)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
reversal of a Planning and Zoning Board action on a rezoning
petition. The rezoning request is for Special Activities
District (SAD) zoning instead of PRD (current zoning). The
SAD zoning is desired in order to operate a boat dock
facility. The affected property, while outside of the
Pe lican Harbor subdivision gains access through and is for
the benefit of that development.
The appeal has been properly filed pursuant to Section
2.4.7(E), page 2.4.80 of the LDRs. The appeal has been
filed by a newly retained law firm representing the
petitioner.
The City Commission shall consider the appeal and, if the
denial is to be reversed, must make findings as were
required by the Planning and Zoning Board. Conditions may
be affixed.
BACKGROUND: ~' /
"\J
Attached is the Planning and Zoning Board staff report which
provides a description of the rezoning request and its assessment.
The request to SAD zoning requires the provision of a site and
development plan. A lesser submission (of a sketch plan) may be
used through the Planning and Zoning Board review and up to first
reading of the enacting ordinance. However, prior to second
reading a full site and development plan submittal must be
provided. (Ref Section 4.4.25(C)] In this case, the a1ternative
processing approach is being followed.
'"
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City Commission Doc =ntation
Meeting of January 8, 1991
Appeal of Planning and Zoning Board Denial of
the Smilack Rezoning Pettition (PRD to SAD)
Page 2
The rezoning request provides for the following:
* Change in zone designation from PRD to SAD;
* Use of boat docks under the auspices of the Pelican Way
Boatowners Association;
* Restriction of Association memberships to owners of
Lots 1-4 Boson Way, Lots 9-11 Bosum Circle~ Lots 27-34
Harbor Circle, and all units within Captain's Walk
which abut the C-15 Canal;
* The subdivision of the subject property into three lots
each of which is to be combined .,wi th abutting property
located within townhome ownerships within Pelican
Harbor;
* The Pelican Way Boatowners Association would have
ownership only of a minimal amount of land running
along the boat docks.
Please review the attached staff report for the lengthy
chronology and assessment of the request.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of December 17, 1990 at which time a public hearing was
held. Representatives of abutting property owner associations
and nearby residents spoke in opposition to the request.
Following the public hearing and after extensive discussion, the
Board on a 5-1 vote (Currie opposing, Parker absent) denied the
petion. The Board's action was based upon the following:
* Inconsis,.tency with Comprehensive Plan Housing Element
Policy ).-2.4 {Ref LDR Section 3.3.2(A)} i.e. that a
rezoning to other than CF wi thin stable residential
area shall be denied;
* Inconsistency with adopted Standard (D) for Rezoning
Actions {Ref LDR Section 3.3.2(D)] in that it was
determined that the rezoning would result in an
incompatible land use and that sufficient mitigation
of adverse impacts is not provided;
* A failure to find that the rezoning is justified based
upon the valid reasons as set forth in LDR Section
2.4.5(D).
,"
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City Commission DOL~mentation
Meeting of January 8, 1991
Appeal of Planning and Zoning Board Denial of
the Smilack Rezoning pettition (PRD to SAD)
Page 3
Testimony which influenced the Board's decision included:
1. Lack of access along the canal from Captain's Walk both
for Association members from those units and for the
provision of E.M.S. services;
2. Lack of accessibility to provide potable water;
3. Lack of accommodation of open space requi.rements which
apply to development along a waten.,ay (Conservation
Element B-2.5);
4. Creation of irregularly shaped lots; and,
5. Inadequate parking facilities to accommodate loading
and unloading of boating supplies.
BASIS OF THE APPEAL:
In the appeal letter (copy attached), it is asserted that ample,
competent and persuasive proof was provided in support of the
rezoning request and that the Board's denial was arbitrary and
unreasonable. Further rationale is provided. There is no
proposal to alter the request as it was presented to the Board.
ALTERNATIVE ACTIONS:
A. Determine that the applicants arguments do not affect the
basis for denial as made by the Board and deny the appeal.
B. Overrule the Board action based upon examination of the
record and arguments presented at the appeal hearing. If
this course of action is favored, the formal action should
be contin~ed so that your staff may prepare an appropriate
listing o~ findings and conditions. These items would be
contained in an enacting ordinance which would then have
first reading and then be subject to a public hearing prior
to enactment.
C. Proceed with action "A" from above, but grant a waiver from
the provision of Section 2.4.5(D)(6) which prohihits
resubmission of a same or similar rezoning petition. This
action would allow the applicant to prepare a new petition
which provides for further definition of the use and
provision of mitigation measures. If this action is taken,
direction should be given as to what those measures should
be.
'"
City Commission Do~umentation
Meeting of January 8, 1991
Appeal of Planning and Zoning Board Denial of
the Smilack Rezoning Pettition (PRD to SAD)
Page 4
RECOMMENDED ACTION:
By motion, affirm the findings of the Planning and Zoning Board
and deny the appeal.
NOTE: This recommendation is based upon there being no change
in the petition which was before the Board. If there
is a desire to modify the petition then a waiver
pursuant to "c" can be provided or, in the-alternative,
the item can be remanded to the Planning and Zoning
Board for reconsideration of a modified petition.
Attachment:
* P&Z Staff Report & Documentation of December 17, 1990
* Appeal letter from Ronald Kolins, Attorney
DJK/#75/CCSAD.TXT
.;{' /'
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LAW OF'F'ICES
MOYLE, FLANIGAN, KATz, FITZGERALD & SHEEHAN, P.A.
BAARY s. eAL..MUTH BARNETT CENTRE. 9™ F'l..OOR STEVEN A. MAYAN$,
T...O......S .... BIt...SON 625 NORTH F'LAGLER CRIVE LINeA A. Me-C.......
PItTIt" L. BRETON POST OF'F'ICE BOX 3S88 ANDREW ..J. MCMAHON
ROBERT aROCY WEST PA.LM BEACH, FLORIDA 33402 LIS'" .... ..1L.L.It..
........ItN T. CONItY JON C. MOYL.I:
GREGORY C. COOK TEL.EPHONE (407) 659 -7500 JOCY ... OL'VE"
E. COLE ..,TZGE.....LO. m "",CSIM'L.E (A07) 659 -1789 O"'V'O 5. PRESSLY
JOHN ... "L...NIG...N - PAT"'CK E. OUINL...N
ANDREW '-ULTON. m TALI..AHASSE:E Of'f"CE MAP" E. RAYMOND
MYRA GENDEL TEL.EP"O"E (90",) 681 -3828 T..O.....S A, S..ItE.....N, m
NANCY ...AL....EY ORAHAM ,....CS'..'L.E (904) 68'-8788 DON..... ". ST'''SON
WINSLOW C. H"'WKES. Dr .......TA .., SU.....EZ. "U"''''S
LYNN G. .....W....NS S.....UEL. .... THO.....S
.....RTIN V. ......TZ - WILTON L. W"'TE
WILLI...... e. ""NG STUART Of'f"CE THO"AS L. YOSEY
"ON"'LO .... MOLINS TEL.EPHONE (407) Z88-1144 JOEL. .... YUOEN"REUNO
"ACS''''LE (407) Z88-'499
December 28, 1990
HAND DELIVERED and
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Alison MacGregor Harty
City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Appeal of Denial of Rezoning Request
Dear Ms. Harty:
This firm repre sents Steven Smilack and Alma Jeanne Slizyk
Smilack, the agent and owner, respectively, in a recent rezoning
requ est relating to the mat ter of Agenda Item IILD. On December
17, 1990, the City Planning and Zoning 'Board denied our clients'
request for a rezoning from PRD (Planned Residential District) to
SAD (Special Activities District). Pursuant to Section 2.4.7(E)
of the City Land Development Code, this letter is submitted as our
clients' appeal 01[ the aforesaid denial to the City Commission.
The Planning and Zoning Board's stated reasons for the denial
were Wthe failure to make positive findings with respect to. . . . .
.
1. Rezoning to other than CF (Community Facilities) in
stable residential districts;
2. Incompatibility;
3. Lack of valid reasons for changing the zoning district.
318 2B
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Ms. Alison MacGregor Harty
December 28, 1990
page 2
Notwithstanding the foregoing however, the appl icant offered
ample, competent and persuasive proof on all of these aspects and
the PI anni ng and Zoning Board's denial was arbitrary and
unreasonable.
The very purpose of the SAD designation is to provide
flexibility in addressing unique situations such as .that of our
client. The proposed rezoning site is a small, triangular parcel
lying between two established residential developments (Pelican
Harbor and Captains Walk) and the C-IS canal. It is land locked
and thus cut off from vehicular access sufficient to allow
residential development. Its primary asset is its access to a
navigable portion of the C-IS canal.
Accordingly, our clients intend to utilize the property for
the mooring of eight (8 ) boats. They have in fact, pursuant to
Ci ty permi ts, constructed the docks. These docks are in every way
similar to, and a continuation of, the docks which exist at the
adjacent Captains Walk communi ty. Clearly, such docks are
compatible with the adjacent land uses.
In order to eliminate any quest ions concerning access to the
docks, as well as to address the concerns of the neighbors, the
appl icants specified that these docks would be for the sole use of
the owners of homes along the C-IS ca na I frontage. These owners
may easily access the docks on foot along the C-lS canal right of
way, obviating the need for parking and vehicular access.
These docks will be of significant benefi t to the adjacent
owners, especially to the west, since the SFWMD control structure
precludes them from having docks of their own.
Given these limitations on use, these docks will be, in
ef fec~, community,.(acilities.
.. ,
""
The purpose of the Performance Standard in Section 3.3.2 is to
preserve .stable neighborhoods.. The proposed rezoning will not
in any way be cont ra ry to this purpose. Rather, it will
contribute to the neighborhood stability by allowing an otherwise
vacant and useless parcel to be productively used in a manner
consistent with the existing neighborhood and to the benefit of
its residents.
The doc k s are perfectly compatible with the sur round ing uses
since they will be indistinguishable from the adjacent existing
318 2B
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Ms. Alison MacGregor Harty
December 28, 1990
page 3
dock s . They will not be operated as a ma r i na but rat he r , as
single family docks.
There are very compelling reasons in suppor t of the rezoning.
U nd e r the present zoning, the parcel cannot be used for
resident ial purposes. No other economically viable use can be
made of the parcel. The applicant's proposed use will not depend
on vehicular access nor have any traffic impacts. It wi 11
substantially add to the tax base of the City while not
signif icant ly increasing the dema nd for ser vi ces. It will
increase the recreational opportunities for the adjacent
homeowners who purchase membership in the Boatowners' As soci at ion.
Section 2.4.5(D)(2) provides several examples of valid reasons
for changing the zoning, including:
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.
Both the Comprehensive Plan and the Land Development Regulations
provide that the Special Activities District is appropriate to any
land use category. The proposed use is suitable and compatible
with the surrounding existing development. The particular, unique
circumstances creating the need for the SAD designation have been
presented.
For all of the se reasons as well as others, the Planning and
Zoning Board's denial of the rezoning was improper, arbitrary and
unreasonable. Other reasons to approve this ma t t e r relate to
discrimination and/or equal protection, equitable estoppel, equity
and f.airness, the.: [inappropri at e role of citizen opposition on the
decision of the' Planning and Zoning Board, and inverse
condemnation. In accordance with Section 2.4.7(E)(3), we
respectfully request a full hearing before the City Commission to
review this rezon~ng request and to grant the rezoning. Time is
of the essence due to our clients' substantial investment in dock
construction, Which construction was induced by the City's prior
actions.
318 2B
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Ms. Alison MacGregor Harty
December 28, 1990
Page 4
If any additional information is needed, please contact the
undersigned.
PLB/dl
cc: Me. Steven Smilack
E. Cole FitzGerald, Esq.
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- - - -
- -- ..J'I" . . .. '"'-' .
'-" " .
TY OF OELRAY E:3EACH--
:=ETING mTE: December 17. 1990
GEf\01 ITEM: III. D.
\.
rEM: ~mi l;1e SAD Rezoning (PRD to DAD) for a .'Boat Dock. This Project is Located within
Pelican Harbor.
.B
._-_.==-~
,. ... . .
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:NERAL DATA:
- .. -
Owner...........................Alma Jeanne Slyzyk-Smilack
Agent...........................Steve Smilack
Location........................North side of the C-15 Canal
between Federal Highway and the
Intercostal Waterway
Property Size................... .17 Acres
City Land Use Plan..............Medium Density 5-12 units/acre
ci ty Zoning.... .'.l. . . . . . . . . . . . . . . PRO (Planned Residential
.... Development)
Proposed Zoning.................SAD (Special Activities District)
Adjacent Zoning.................North, East, and West of the
subject property are zoned PRO
(Planned Residential
Development). South is the C-15
Canal.
Existing Land Use...............Vacant Land with 8 boat docks.
Proposed Land Use...............Pelican Way Boatowners
Association Use of the Docks
Water Se~vice...................2" extention of the 6" water main
along Harbor Circle to be
provided. III. D
Sewer Service...................tlo sewer service to be provided.
'.
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ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a Rezoning from PRO to SAD for .17 acre of land. The property is
east of Federal Highway immediately south of the Pelican Harbor
subdivision and abutting the C15 canal.
BACKGROUND:
With the platting of the Pelican Harbor subdivision in 1979, a small
parcel of land (subject property) located between the subdivision
and the C-15 canal was not included. The parcel appears to be a
left- over portion of a parcel acquired for the C-15 right-of-way.
The parcel was purchased on March 12, 1982 by the applicant who also
owns one of the abutting townhouses in Pelican Harbor Subdivision.
On March 7, 1988, the applicant submitted a request to construct a
townhouse on the property and requested information as to how access
would be gained to the site. The applicant was informed that the
property was currently zoned PRO-7 which required a five acre
minimum for development. The property would have to be aggregated
or rezoned to allow for development. With respect to access, the
applicant was directed to work with the Pelican's Harbor Homeowners
Association to gain access to the parcel. The applicant petitioned
the court for a necessity of easement (pedestrian) to cross an
adjacent open space tract within Pelican Harbor subdivision. The
request was denied by the Courts and was subsequently upheld on
appeal. The townhouse unit proposal was apparently abandoned.
A permit request was submitted to SFWMD (South Florida Water
Management District) on April 18, 1988, to construct 8 docks within
the C-15 Canal adjacent the parcel. On September 14, 1989, a SFWMD
permit was issued to construct 128' of concrete bulkhead, a 4'x 128'
marginal dock and four 3.5' x 25.5' finger piers within the north
right-of-way of the C-15. On January II, 1990, the permit was
modified to include 4 dolphin mooring piles. The lengthy permitting
process with SFWMD was in part due to concerns the District had with
allowing construction of 8 docks for one townhouse unit. Upon an
agreement by tht\;' applicant to create a boatowners association for
interested property owners, the permit was issued. Special
conditions of the SFWMD permit include the following:
That the applicant would establish a Pelican's Way
Boatowners Association and transfer the permit into it's
name.
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Page 2
The applicant is prohibited from selling or leasing the docking
facili ties, and the only monies collected are to go towards
maintenance of the docking facilities.
On December 5, 1989, a dock variance was granted by the City
Commission to extend the 8 docks wi thin 10' of the west property
line, to permit the finger piers to extend 30.5' into the C-15 canal
and to allow the dolphin piles to be installed 40.5' into the canal.
On December 11, 1989, a City Building Permit (' 89-40'78) was issued
for construction of the 8 docks. On January 25, 1990, a Building
Permit (' 90-4792) was issued for associated electrical work.
On April 24, 1990, a variance from Section 154.43(A) was granted by
the City Commission (consent agenda) from the requirement to install
a sewage pump in conjunction with construction of a proposed dock.
At the request of the Pelican Harbor Homeowners, on May 8, 1990, the
City Commission discussed the docks which were under construction.
As the docks were being constructed on a vacant parcel and not
accessory to any residential unit, construction was found to be in
violation of the PRO Zoning District Regulations. On May 9, 1990, a
stop work order was placed on Permit I 89-4078.
On June 13, 1990, the applicant executed a Unity of Title between
his abutting townhouse and the parcel before you. With the Unity of
Title, the proposed use was then accessory to the single family use
and construction was allowed to proceed. (In apparent conflict the
SFWDD permit would not have been issued for facilities accessory to
one single family home).
On June 16, 1990, a preliminary inspection of the electrical work
under Permit , 90-4792 was conducted. It was discovered that 8
separate electrical meters were being installed while 1 meter is
allowed for each single family accessory dock facility. A stop work
order was issued on the electrical permit on June 16, 1990. All
work on the electrical hook ups has ceased awaiting the outcome of
this rezoning request.
Construction of the 8 docks was completed and on September 10, 1990,
the SFWDD (South Florida Water Management District) permit was
revised to reflect actual built conditions which are 145' of
bulkhead and 121'of marginal dock.
On November 26, 1990, the SFWDD (South Florida Water Management
District) permit was transferred from the applicant's name to the
Pelican Way Boatowners Association. (In apparent conflict with the
City Zoning Regulations).
'.
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Page 3
PROJECT DESCRIPTION:
The proposal before you is a rezoning of a .17 acre parcel of land
located along the C-15 Canal to SAD. There are 8 existing docks on
the property. The docks have been completed under the auspices of
being assessory to the adjacent townhouse unit owned by the
applicant. The applicant is seeking the SAD zoning district to
allow the use of the docks by the Pelican Way Boatowners Association
(PWBA) thus allowing other property owners to utilize the existing
dock facilities. Membership in the Association is proposed to be
limited to those units within Pelican Harbor which abut the C-15
Canal (Lots 1-4 Boson Way, Lots 9-11 Bosun Circle, Lots 27-34 Harbor
Circle), and all units within Captain's Walk which abut the C-15
Canal). Access to the dock facilities is proposed along the SFWDD
(South Florida Water Management District) right-of-way for units
within Pelican Harbor, and across Condominium common area for units
within Captain's Walk.
A letter accompanying the petition also included a proposed
subdivision of the parcel into three tracts. These tracts are to be
combined with three adjacent townhouse units as an extension of
their respective backyards. If SAD zoning approval is granted, the
applicant will terminate the Unity of Title between his townhouse
and this parcel and the subdivision (replat) will occur. It is not
clear if the PWBA would hold title to any land.
ALTERNATIVE METHOD FOR THE PROJECT
If this request were made by The Pelican Harbour Association under
the desription as use of a Community Facility (docks), it would be
accommodated simply as an amendment to the Development Plan. In
such a circumstance the adjacent property would need to be a part of
the common aspects of the Subdivision. However, such an approach
apparently cannot be accommodated by either, or both, parties.
Thus, Mr. Smilack is pursuing a similar end through private efforts.
ZONING ANALYSIS:~j
This parcel is currently zoned PRO. The surrounding zoning is PRO
to the west, east, north, and to the south the parcel abuts the C-15
canal and residential uses in the City of Boca Raton.
Pursuant to Section 4.4.7 (C), boat docks are allowed assessory to a
single family home in the PRO Zoning District. Under the current
zoning district all of the docks can only be used by the applicant
or his friends. With the granting of a SAD zoning designation, a
Boatowners Association would be established and the docks would be
utilized by members of the Association.
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Page 4
Pursuant to Section 2.4.5 (0)(1), a justification statement of the
reasons for which the change is being sought must accompany all
rezoning requests. The code further identifies certain valid
reasons for approving the change being sought. These reasons
include the following:
* That the zoning had previously been changed, or was
originally established, in error;
* That there has been a change in circumstance which makes the
current zoning inappropriate;
* That the requested zoning is of similar intensi ty 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.
Pursuant to Section 2.4.5(d)(5), the city Commission is required to
make a finding that the petition will fulfil one of these reasons.
The applicant has stated that the third reason applies to this
request in that:
liThe SAD Zoning is specifically designed to be similar in
intensity as allowed under the Land Use Map and compatible with
the surroundings, because permitted uses are designated at the
time of approval. We are proposing that the 8 existing boat
slips be allowed to be used by any of the 14 single family
property owners that have access via their rear yards and any
of the 57 multiple-family unit owners in the abutting Captain's
Walk. This proposed use is compatible and consistent with the
docks that surround Pelican Harbor property. There are 44 boat
slips that serve multiple-family housing, both remote and
adjacent to these docks in Captain's Walk. There are also 28
boat slips in Tropic Isle Harbor that serve both remote and
adjacent single family homes."
The applicant draws an analogy between this request and similar dock
facilities within Captain's Walk and Tropic Isle. It is noted that
the'existing fa6jlities at Captain's Walk and Tropic Isle have been
created in violation to current Land Development Regulations.
However, there are remedies available to those situations to have
approval granted under conditional use processing.
The above justification references the ability of 57 Captain's Walk
units to access the proposed Boatowners Association lands while the
exhibit provided with the application shows 38 units abutting the
C-15 Canal are to have membership rights. In addition, a fence
exists on the common property line of Captain's Walk and the
proposed SAD tract. It is my understanding that Captain's Walk
Condominium does not have any plans to provide access through their
fence. Therefore, it appears appropriate that until an agreement
between the applicant and Captain's Walk Homeowners Association is
reached they should not be included in consideration of this
applicatlon.
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Page 5
The fence creates a major obstacle as it relates to providing access
for fire apparatus to the site. The Fire Department has indicated
that they require access from the east through the fence between the
site and Captain's Walk. The applicant must reach an agreement with
the adjacent development and provide access from the east if
approval is to be granted.
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 SAD zoning district is established in order to provide a
zone district which is appropriate for projects which are not
otherwise classified or categorized in other zone districts.
While SAD zoning is deemed consistent with any land use
designation on the Future Land Use Map, the uses within a
specific SAD shall be consistent with the land use category
shown on the Future Land Use Map (see discussion under
consistency) . " The Land Use designation for this parcel is
Medium Density residential. Communal boat docks may be
provided in residential areas. Thus, a determination of
consistency can be made.
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 as established within the
Comprehensive Plan. For sewer and water, concurrency shall mean
that direct connection to a functioning municipal system is made.
For streets (tr~ffic), drainage, open space (parks), and solid
waste concurrencyjshall be determined by the following:
* 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.
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Page 6
Water:
Water is to be provided to the docks via a 2" main extension south
from a 6" main within Pelican Harbor Subdivision through an easement
over common area of Pelican Harbor Subdivision. Each dock will be
provided with a 3/4" individual hose bib. A fire hydrant exists
within Pelican Harbor Subdivision approximately 210' north of the
docks. An intervening CBS wall with an access gate exists along the
property line between Pelican Harbor and this tract. Due to the
lack of a adequate paved turn around area within Pelican Harbor the
Fire Department has determined this access inade,quate and is
requiring access from the east in Captain's Walk. As there is a
fence on Captain's Walk property, the applicant must reach an
agreement to provide gates for required fire access.
Sewer:
Pursuant to Section 154.43(A), installation of a sewage pump is
required in conjunction with the construction of a dock for two or
more vessels. On April 24, 1990, the City Commission granted a
variance not requiring installation of a sewage pump by this
applicant. Therefore, the owners of vessels containing portable
toilet units will presumably have to carry the waste to their u~its
for proper disposal.
Drainage:
Drainage is not a concern as the entire site will be retained in
previous area. Grading of the site associated with improvements
required, if approval is granted, will assure retention of on-site
drainage.
streets and Traffic:
The project is of minimum impact in terms of ADT (Average Daily
Trips) and normal peak hour traffic. All members of the Boat
Association are limited to homeowners which border the canal.
Therefore, no additional trips except the homeowners guests would be
added to the trafgic network.
Parks and Solid Waste:
These items do not apply given the nature of the request.
Consistency:
Compliance with the performance standards set forth in Section
3.3.2 along with the required findings in Section 2.4.5 shall be the
basis upon which a finding of overall consistency is to be made.
Other objectives and policies found in the adopted Comprehensive
Plan may be used in making of a finding of overall consistency. The
applicable performance standards of Section 3.3.2 and other policies
which apply are as follows:
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Page 7
A) That a rezoning to other than CF within stable
residential area shall be denied. (Housing element A2.4)
This parcel is within. a stable neighborhood area.
B) Does not apply.
C) Does not apply.
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.
While compatibility in terms of use is a concern, the docks exists.
There are concerns with respect to associated impacts.
The proposed use of these docks may be incompatible with the
surrounding residential uses in that no proper access exists to the
site. All potential Boat Association members within Pelican Harbor
must either traverse public lands situated behind residential units
to gain access, or impact Captain's Walk development for convenient
parking and unloading. While it is acknowledged that the public has
access rights on the C-15 Canal right-of-way, it appears
unreasonable to have this right-of-way as the primary means to
access the site. With limited vehicular access, all equipment,
supplies, and waste will be carried along the public right-of-way.
Access from Captain's Walk is proposed across condominium common
area and through an existing fence. Access concerns for both
proposed Boatowners Association members and fire apparatus is
discussed under the zoning Analysis section. In the zoning
justification statement, the applicant refers to similar dock set
ups within Captain's Walk and Tropic Isle. It is noted that the
dock facilities in Captain's Walk and Tropic Isle have access over
the common ground of the condominium association of which every dock
owner or user is a member. In addition, vehicular access from
common area travelways exists in proximity for temporary unloading
of boating equipm~nt, etc.
Land Use Element:
Ob1ective A-I: Vacant property shall be developed in a manner so
that the future use and intensity is appropriate and complies in
terms of soil, topographic, and other applicable physical
considerations, is complimentary to adjacent land uses, and fulfills
remaining land use needs. (bI, b3)
This proposal can be considered to be complimentary to adjacent
uses. However, the lack of proper access has the potential to
negatively effect owners in Captain's Walk from additional traffic
of members utilizing the development to unload and park vehicles.
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Page 8
Land Use Element:
Policy A-3.3: Proposed development shall accommodate required
open space as provided for under Policy B 2.5 of the Conservation
Element and/or Policy B-1.4 of the Open Space and Recreation
Element. (See following)
Conservation Element:
Policy B-2.5: Whenever new development or redevelopment is
proposed along a waterway, a canal, an environmentally sensitive
area, or an area identified via Policy B-2.1, an area equivalent
to at least 10\ of the total area of the development shall be set
aside in an undisturbed state; or 25\ of native communities shall be
retained pursuant to TCRPC Policy 10.2.2.2. This policy shall be
implemented as a part of the development review process. (b3)
Pursuant to the above policy, this parcel is required to set aside a
minimum of 741 sq. ft. of open space along the waterway. As this
site is disturbed cleared property this area at a minimum should be
landscaped with native communities.
The intent to subdivide the parcel and, presumably, restrict use for
private purposes is contrary to this policy.
Compliance with S.A.D. Parking Requirements:
Pursuant to Section 4.4.25(G)(2) (SAD parking requirements), all
loading and parking space requirements are determined at site
development plan approval stage. Due to the unique characteristics
of this proposal the applicant proposes utilization of existing
residential unit parking and access limited to pedestrian access
only. The Board should make a finding as to whether or not parking
and access proposed is adequate for the proposed use. The units
within Pelican Harbor contain two-car garages, and the potential to
accommodate two additional cars in the driveways. The units within
Captain's Walk are provided with 2.5 parking spaces per unit.
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SITE PLAN CORSIDERATIOM:
Normally with a SAD zoning request a full site plan is submitted and
made part of the SAD Zoning Ordinance. However, with this request a
sketch plan has been submitted. While this exhibit is adequate for
review of the overall proposal, a detail submittal will be required.
Under the current submittal the development proposal could proceed
to first reading by City Conunission. Prior to second and final
reading, a final Site Plan and Landscape Plan must be provided and
approved by the Site Plan Review and Appearance Board.
Upon staff's review of the rezoning request, the following Code
deficencies or requirements have been noted:
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Page 9
A. Pursuant to Section 4.4.25(0)(1) within the front and any
street side setback, a fifteen foot (15') setback area
shall be a landscape area. Since there is no street
abutting the parcel, this requirement does not apply.
However, this requirement adds credence to the
recommendation that the site be retained in open space and
appropraitely landscaped.
B. Pursuant to Section 2.4.5(K) the property must be platted
as a minor subdivision. Platting is required because the
parcel has been subdivided by a meets and bounds
description from a larger parcel.
Subdivision Proposal:
The applicant also is seeking to subdivide the parcel. This
proposal raises additional concerns and problems, i.e.:
(1) The entire parcel is being changed to SAD and to combine the
land portion of SAD with an adjacent zoning category of PRO is
inappropriate. The SAD Zoning District is for uses which are
not accommodated by other zoning districts. Rear yards for
townhouse units can be accommodated in all Residential Zoning
Districts.
(2) Land cannot be added to an existing Condominium Association
through the Subdivision process without overall approval by the
governing body of the Association.
(3) It is noted that the docks are in public waterway and the
pri vately owned land is the property being used to establish
the Boatowners Association. To thereafter eliminate the
Boatowner Association interest in the private land through
subdivision to adjacent properties is inappropriate.
(4) It is more appropriate to landscape and maintain the property
in a proper manner to meet general community aesthetic
considerations and specific requirements for open space
: retention a{ong a waterway.
Other:
A letter of opposition has been received and a copy is attached to
this staff report.
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Page 10
ASSESSMENT AND CONCLUSIONS:
The applicant contends that the utilization of these boat slips by
Boatowners Association members will be similar to existing
conditions within Captain's Walk and Tropic Palms. However, this
site differs with respect to the availability of both pedestrian and
vehicular access. In Captain's Walk and Tropic Palms, both
pedestrian and vehicular access are available to adjacent docks
across common ground of the condominiums development. This site's
access for Pelican Harbor residents is by pedestrian easement across
public lands behind residential units. Vehicular access for
unloading and parking is avialable in close proximity to the docks
through the Captain's Walk development. If Pelican Harbor residents
were to utilize roadways within Captain's Walk in this manner this
may present an unacceptable impact.
However, the request does represent a continuation of existing uses
which exist to the east. This item seems to fall into the purview
of neighborhood compatiability. As a straight land use item it is
tautamount to placing a commercial use within a stable residential
area. If valid reasons for not allowing the use are presented and
there is an inability of the applicant and neighboring association
to provide additional vehicular, emergency, and pedestrian access
then the request should be denied.
ALTERNATIVES:
A. Continue with direction.
B. Recommend denial of the request based upon a failure to make a
positive finding with respect to Chapter 3 (Performance
Standards). Specifically required finding under Consistency
pursuant to Section 2.4.5, and a failure to find a valid reason
for the change pursuant to Section 2.4.5(0)(2).
c. Recommend approval of the request based upon positive finding
'with respect( to Chapter 3 (Performance Standards) of the Land
Development Regulations, Policies of the Comprehensive Plan,
and Section 2.4.5(0)(2) (valid reasons for the zoning change)
and subject to the following conditions.
1. Submission and receipt of approval of a Landscape Plan for
the entire parcel incorporating the required landscape
buffer pursuant to Section 4.4.25(0)(1), and landscape
material required pursuant to the Conservation Policy B.
2.5.
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Page II
2. Membership limited to the following lots as indicated on
the recorded plats, (1-4 Bosum Way, Lots 9-11 Bosum
Circle, Lots 27-34 Harbor Circle) , and all units with
Captain's Walk which abut the C-15 Canal.
3. Subject to the entire parcel remaining under one
description <not given to adjacent residential units) and
to be under the ownership and maintenance responsibility
of the Boatowner's Association.
4. Subject to the provision of proper fire, as well as,
pedestrian access through the fence along the east edge of
the property.
5. Subject to platting as a minor subdivision.
RECOMMENDATIONS:
B. A recommendation is not provided at this time due to the lack
of official comment from adjacent property owners and their
Associations.
Attachments
PD/i2/SMILACKR.TXT
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12/10/90
DAVID KOVACS
DIRECTOR OF PLANNING
CITY OF DELRAY BEACH
FL. 33444
DEAR SIR:
IN ANSWER TO YOUR FILE # 91-004 (AKA SMILAK PETITION)---
I STRONGLY OBJECT TO THE REZONING OTHE FOLLOWING REASONS.
1.IT WILL BREECH PELICAN HARBOR SECURITY.
2. NO AREA FOR PARKING.
3. MORE TRAFFIC - LESS SAFETY OF CHILDREN.
4. NO GAURANTEE WHO WILL BE USING THE DOCKS.
5. PELICAN HARBOR IS A CONTROLLED RESIDENTIAL
COMMUNITY--THIS REZONING WOULD CHANGE THIS.
6. MR. SMILAK OWNS PROPERTY IN PELICAN HARBOR - BUT
DOES NOT LIVE HERE.
~i~
THOMAS R. MAIMONE
277 PELICAN WAY
DELRAY BEACH, FL. 33483
407 278 4055
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~"~"...",;-:",, P,O. Box 2-1680 .3301 Gun Club Road. We!)l Palm Beach, FL 33416-.wlO . 140il686-88OO . FL WATS,I-~i~2.204S
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December 14, 1990 1.JO~\NG
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t-1r. Paul Dorling, Planner II ,o#,~........-'
City ::>f Delray Beach "., . -
100 N.W. lst Avenue
Delray Beach, FL 33444
Dear Mr. Dorling:
SUBJECT: Right of Way Occupancy Permit, Modification Number 9023,
Palm Beach County, Pelican Way Boatowners Association
(Steven Smilack), C-15, Section 33, Township 46 South,
Range 43 East.
It has been brought to my attention that a portion of the
District's November 27, 1990 letter to you concerning Pelican Way
Boatowners Association was unclear and requires clarification. The
area in question apparently regards the sale or lease of docking
space.
r will attempt to explain the terms and conditions, as District
staff understood them, relating to the Boatowners Association and
the subsequent permit special conditions presented to the
district"s Governing Board for approval.
Mr. Smilack qualified as an eligible applicant for a Right-of-Way
Occupancy Permit by virtue of the fact that he owns a small parcel
of property between Pelican Harbor and adjacent to the C-lS right-
of-way. He also, apparently, owns a residence in Pelican Harbor
adjacent to his parcel of land. Mr. Smilack explained that his
purpose for constructing the docking facilities was for his own
personal use and~~or some of his neighbors who wanted nearby dock
space but had no opportunity for any other dOCking facilities
since all remaining land, adjacent to the tidal areas of C-15, are
privately owned or are developments with their own docking
facilities.
Upon receipt of a completed application, staff developed the
Special Conditions of the permit in accordance with District Rules
and Policy contingent upon the following conditions:
o Mr. Smilack would form a non-profit Boatowners Association
and submit a recorded set of by-laws and covenants, which
must meet the approval of the District.
Govem1tll/ Board:
James F, Garner. Chairman. Fon Myen Fritz Sleln - Belle Glade Valerie Boyd. Napla John R. Wodruka.. Executive Di~ctor
Doran A. Jason. Vice Chairman - Key 8iscayne Mike SlOUI - Windermere Jamn E. Nail. Fan Lauderdale Tilford C. Creel. Depuly Executive Director
A~nio Millan. Miami Ken Adams - West Palm Beach Charles W. Causey -/slamorada ThomasKMacVicar.Depuly Executiw Oin?Ctc
'1*
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LA~ 08-12
lO10/C-15
Mr. Paul Dorling
December 14, 1990
Page 2 of 2
0 ~ll members of the Boatowners Association must own or lease
d residence in Pelican Harbor.
0 The sale or lease of docking space to non-residents is
.'
prohibited.
0 At such time as the recorded Association documents are
received and approved by the District, and the authorized
facilities are constructed in accordance with the design
plans and approved by the District, the permit would then
be transferred from Mr. Smilack's name to Pelican Way
Boatowners Association.
With regard to the assignment of boat slips and the sale or lease
of docking space, the District was never advised that a prospective
Association member had to "buy into" the Boatowners Association.
It \'ias understood that Mr. Smilack was providing a service to
himself and his neighbors in Pelican Harbor for the privilege of
occupying and utilizing the Lands and Works of the District.
It was further our understanding that the only monies to be
collected would be reserved for routine maintenance of the docking
facilities. District Rules allow removal of facilities located in
the right-of-way which are allowed to degrade to the point of
disrepair and thus become a liability risk to the District.
I hope this has served to clarify any questions you may have had
regarding this matter.
~edYU~
Harold E. Herbst
Environmentalist
Right-of-Way Permitting
Department of Land Management
HEH/bcg
cc: Steven Smilack
RETURN RECEIPT REQUESTED
CERTIFIED NUMBER P402-796-159
'"
,
[ITY DF DELRAY BEA[H
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January 16, 1991
Ronald K. Kolins, Esq.
Moyle, Flanigan, Ka tz , Fitzgerald & Sheehan, P.A.
P.O. Box 3888
West Palm Beach, FL 33402
Re: Appeal of Planning and Zoning Board Action of Denial
Regarding Smilack Rezoning Request
Dear Mr. Kolins:
Please be advised that the above referenced matter has been
scheduled for consideration by the Delray Beach City Commission
at the February 12, 1991, regular meeting. 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.
Should you have any questions, please do not hesitate to contact
me.
Sincerely,
(2/'iXnil}lc)Wr;llo:;i;y
Alison MacGrego Harty
City Clerk
AMH/m
cc: Steven Smilack & Alma Jeanne Slizyk Smilack
Marvin Sanders, Planner
Ke i th F. Backer, Esq.
Jeffrey R. Eisensmith, Esq.
Ernie Freidman, Board of Directors/Pelican Harbor Homeowners
Association
Lou Trussa, Board of Directors of Captains Walk
Jack Simmons, Pelican Way Boatowners' Association
Occupant, 126 Pelican Harbor Circle
Joseph Badway, property owner
Evelyn Molder, property owner
Gordon Stanley, Board of Directors/Pelican Harbor Homeowners
Association
David T. Harden, City Manager
Jeffrey Kurtz, City Attorney
David Kovacs, Director of Planning and Zoning
THE EFFORT A LWA YS MATTERS
" I
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M E M 0 RAN DUM
TO: ~DISTRIBUTI~IST
~ J Ue
FROM: ~ KO ACS, DiboR
DEPARTMENT OF PLANNING AND ZONING
DATE: JANUARY 3, 1991
SUBJECT; APPEAL OF PLANNING AND ZONING BOARD ACTION
REGARDING SMILACK REZONING PETITION
~
Please be advised that an appeal has been filed on this subject.
The appeal will be heard by the City Commission at its meeting on
January 8, 1991- The meeting begins at 6:00 P.M. and will be
held in the City Commission Chambers.
Attached is the staff documentation which I have prepared for the
City Commissioners.
DJK/cm
Attachment
DISTRIBUTION:
Steve Smilack, Agent/Owner
v Keith Backer, Esq. , Pelican Harbor Homeowners Association
Marvin Sanders, Planner
Jeffrey R. Eisensmith, Esq.
Ernie Freidman, Board of Directors Pelican Harbor Horne.Assoc.
Lou Trussa, Board of Directors of Captains Walk
/ Jack Simmons, Pelican Way Boatowners' Assoc.
Occupant, 126 Pelican Harbor Circle
~0Jv~ Joseph ~ailey, property owner
Evelyn Molder, property owner
Gordon Stanley, Board of Directors Pelican Harbor Homowners Assoc.
A \so : c'l~ m Ft n ACjEt:-
c: Project File ~ Atfo~Ej
City Clerk (memo only)
n~ % flF1n~'~ q.- 2on;y
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j Nrs. Evelyn Nolder
3516 IIarbor Circle
Delray Beach. FL 33483
Nr. ~ Bailey
75 Peli n Point Drive
Delray Be ch. FL 33483
/ Occupant
126 Pelican Harbor Circle
Delray Beach. FL 33483
Nr. Jack Simmons
/ 270 Captains Walk
Delray Beach. FL 33483
J Nr. Gordon Stanley
270 Captains Walk. 0314
Delray Beach. FL 33483
Nr. Lou Trussa
j 210 Captains Walk. 0704
Delray Beach. FL 33483
/ Nr. Ernie Freidman
3557 Admirals Way
Delray Beach. FL 33483
vi Jeffrey R. Eisensmith. P.A.
One Financial Plaza
Suite 1610
Ft. Lauderdale, FL 33494
j Narvin L. Sanders
Sanders Planning Group. P.A.
2425 East Commercial Boulevard
Suite 407
Ft. Lauderdale. FL 33408
,/ Keith Backer. Esq.
450 Australlain Avenue South
Seventh Floor
I~est Palm Beach, FL 33401
Jeanne and Steven Smilack
V 7919 N.I.J. 50th Street
Lauderhill, FL 33321
"
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BECKER POLIAKOFF, P.A. ,,'. \..- , '''y)- ,-
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BOCA RATON CLEARWATER FORT MYERS HOLL VWOOD MIAMI NAPLES ORLANDO
ST, PETERSBURG SARASOTA TAMPA WEBT PAlM BEACH
GARY A PoUAKOFF REFLECTIONS BuiLDING ADMINISTRATIVE OFACES REPLY TO:
AlAN S, BECKER 450 AuSTRAUAN AVENUE SOUTH EMERALD lAKE CORPORATE PARK
ROBERT J, MANNE 7TH FLOOR 3111 STIRUNG ROAD West Pal. Beach
AlAN E, TANNENBAUM WEST PALM BEACH, FL 33401-5034 FORT LAuDERDALE, FL 33312,6525
ArmiONY A KALuCHE PALM BEACH (407) 655-5444 FORT LAuDERDALE (305) 987,7550
DANIEL S, ROSENBAUM BROWARD(305) 421-1477 A.ORIDA Toll. FRrr(BOO) 432-7712
SHARON A, WEBER
GARY C. ROSEN MARTIN (407) 546-6700
All.EN M. LEvINE FLORIDA TOLL FREE (800) 462-7783
LEE H, BuRG FACSIMILE (407) 832-8987
ROBERT L. T ANKEL January 7, 1991
CHARLES N, TErUNIC
STEVEN B, LESSER
RICHARD H, BREIT
MARTIN I. JAFFE
MICHELE G, MILES
HERBERT 0, BROcK, JR.
JOSEPH E. ADAMS VIA FACSIMILE TRANSMISSION (243-3774)
KEITH F, BACKER
AlliSON K, BETHEL
JOEL B, BLUMBERG Alison MacGregor Harty, city Clerk
MICHAEL J, BRUDNY
KATHlEEN M. BuRGENER City of Delray Beach
c, JoHN CHRISlENSEN
JOHN A, COLTON 100 N.W. 1st Avenue
BRIAN D, DAN Delray Beach, FL 33444
ROsPI M. DE LA CAMARA
KENNETH S, D1REKTOR
JENNIFER BALES DRAKE
CHRIS AlAN DRAPER Re: Slizyk/Smilack Appeal of Denial of Rezoning
GARY M, GLASSMAN
STEVEN R. HICKS Request
ElLEN G, HIRSCH
RICHARD M. HoPEN
HAROLD E, KAPLAN Dear Ms. Harty
ROBERT L. KAI'E
HECTOR E, LORA
GRACE N, MANNE This law firm represents the Pelican Harbor
CHAD M, McCLENA THEN
DONAlD M, McGETRICK Homeowners Association, Inc. Our client has appeared at
EvELYN M. MERcHANT
BENNETI L. RABIN all of the proceedings in this matter and intends to
DAVID H, ROGEL
RANDALL K, ROGER appear at the Commission meeting where the City Commission
ROBERT RUBINSTEIN will take up the issue of Ms. Slizyk's appeal.
EuZABETH L. TRUNDLE
PAUL L. WEAN
MICHAEL R. WHfTT
LYNN SIMPSON WOODS The association had planned to attend the City
ANNE E. ZIMET commission meeting of January 7, 1991 where this appeal
OF COUNSEL
BERNIE FRIEDMAN was to be considered by the Commission. We have been
KAY LATONA notified that counsel for Ms. Slizyk and Mr. Smilack has
GEORGE WEINBAUM
requested that the matter be postponed to the next
scheduled Commission meeting on January 29, 1991.
This letter is to request that the appeal not be
heard by the Commission on January 29, 1991, but be
postponed further until the following Commission meeting.
The January 29, 1991 date is the date of the annual
meeting of the Pelican Harbor Homeowners Association, and
its representatives will be unable to attend on
January 29. In addition to the members of the Board, the
other interested homeowners whose names are listed on the
distribution list for this matter would likewise be unable
to attend because of this conflict. If the matter were to
be rescheduled for January 29, 1991, many concerned
.
". .
- .-,
Alison MacGregor Harty, City Clerk
January 7, 1991
Page 2
citizens would be unable to attend. Please reschedule this
matter for a Commission meeting after January 29, 1991.
yours,
Keith F. Backer
For the Firm
KFB:mjr
cc: Client
.
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LAW OFF"lCES
MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P.A.
BARRY S. BALMUTH BARNETT CENTRE. 9TH FLOOR STEVEN A. MAYANS
THOMAS M. BEASON 625 NORTH FLAGLER DRIVE LINDA R. McCANN
PETER L. BRETON ANDREW..J. McMAHON
POST OFFICE BOX 3888
ROBERT BRODY LISA A. MILLER
KAREN T. CONEY WEST PALM BEACH, FLORIDA 33402 ..JON C. MOYLE
GREGORY D. COOK TELEPHONE (407) 659-7500 JODY H. OLIVER
E. COLE FITZGERALD, = FACSIMILE (407) 659 -1789 DAVID S, PRESSLY
..JOHN F". FLANIGAN - PATRICK E. QUINLAN
ANDREW FULTON, = TALLAHASSEE OF'F'ICE MARK E. RAYMOND
MYRA GENDEL (904) 681-3828 THOMAS A, SHEEHAN, =
TELEPHONE DONNA H. STINSON
NANCY MALLEY GRAHAM
FACSIMILE (904) 681-8788 MARTA M, SUAREZ - MURIAS
WINSLOW D. HAWKES, =
LYNN G, HAWKINS SAMUEL A. THOMAS
- WILTON L, WHITE
MARTIN V. KATZ
WILLIAM B, KING STUART OF'FICE THOMAS L. YOSET
RONALD K. KOLlNS TELEPHONE (407) 288-1144 ..JOEL H. YUDENFREUND
FACSIMILE (407) 288-1499
January 7, 1991
VIA TELECOPIER
Ms. Allison MacGregor Harty
City Clerk
City of De 1ray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Smilack - Appeal of De ni a 1 of Rezoning Request
City Commission Agenda Item 9C
January 8, 1991
Dear Ms. Harty:
Following upon our telephone conversation ear 1 i er today in
which, on behalf of our clients, Steven Smilack and Alma Jeanne
Slizyk Smi1ack, I requested a postponement of the hear i ng in this
matter, presently scheduled for tomorrow evening, until the next
regularly scheduled meeting of the City Commission. You advised
that my request would be granted if submitted to you in writing
and te1efaxed to you today.
In view of the foregoing, please consider thi s letter
confirmation of and the written formal request of the Smilack's
for postponement of the capt ioned matter, which is an ap pe a 1 of a
rezoning denial by the City's Planning and Zoning Board, until
January 29, 1991 which is the date for the next regularly
scheduled meeting of the City Commission.
If there is any further information you require please advise
immediately. Otherwise, I will assume that this rescheduling will
be accomp1 i she d. Thank you very much for your most kind
cooperation.
.
RKK: j d
cc: Steven Smilack
E. Cole FitzGerald, ES q.
2702E
'.. .
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MOYLE,FLRNIGRN,ET.AL. TEL t~o .407-659-1789 Jan 7,91 12: H", No.OOS F'. Cl2
~
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LAW OFFlCE:S1
MOYLE, FLANIOAN, KATZ, FITZGERALD & SHEEHAN, P.A.
""''''!'Iy~, ."'~"'VH" e"'~Nr:T" Cf:N,."'E . 9TH n..oOR ","eve" "', ..,"'Y"'N!!!
THOMAS M, BEASON $2!!1 NOATH F'LAGLE:R DRIVE. LINDA R, McCANN
PI:T~A 1... OIltCTQN ANDr:U::W,J. MeMAtlON
POST OF"F'ICE BOX 3BBB
ROBERT BRODY LIS... ..., MILLER
"''''f'lIN T. CONCY wEST I'ALM BBACH. I"J..ORID.& 3:;\402 .,lON C, MOVLE
QREGORY O. COOK I 1io~~....n~I"'l!:. (-+oy) O~~ -7.:110.0- .JODY H. OLtVER
E. COLI!: F'ITZGt"'Al.O. m F'ACSIMILE (.407) e!'>9 .1789 b...vlO S, ,"~I.SL."
JOMN r, f'I,....NIQ...N - ~...TRICK E, QUINLAN
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MYRA GIi:NI;lCI. TELEPHONE ISlO-4) $.1-3.2e ,....OMAS ..., ...II.....N.-.m:
N"'NCy MALLEY ORA..,...... DONN'" H. 8TIN80N
WINSLOW O. H"'WKES, m ''''CSIMILE (904) 681-8788 MA~T'" lot, .u...AIZ'MlJ""....
I.TNN O. HAWKINS t;I......UEL.... THOMAS
M"'RTlN V. \O\"TZ - WILTON I.. WHIT!I;
wILLI"'" ., KINO STUART QF'F'tCl!: "rHOMAS L. YOSET
RONALD K, KOLINS TELEPHON& (407)e$$-1144 JOEL H. TUClI!:NF'RIl:UNCl
J'AClI.lMU.C (4~7) 288-1499
January , 1991
VIA TELECOPIER
Ms. Allison MacGregor Harty
City Clerk
C1 t Y of De lray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Smi1ack - Appeal of Denial of Rezoning Request
City Commission Agenda Item 9C
January 8, 1991
Dear Ms. Harty:
Fo llowi ng upon our te lephone conversat i on earlier today in
which, on behalf of our clients, Steven Smilack and Alma Jeanne
Slizyk Smilack, 1 requested a postponement of the hearing in this
matter, presently scheduled for tomorrow evening, until the next
regularly scheCluled meeting of the City Commission. You advised
that my request would be granted if submitted to you in writing
and telefaxed to you today.
In view of the foregoingr pleas=e consi dar thi a letter
confirmation of and the written formal request of the Smilack's
for postponement of the capt ioned matter, which is an appeal of a
rezoning denial by the city's Planning and zoning Board, until
January 29, 1991 which is the date for the next regularly
scheduled meeting of the City commission.
If there is any further information you require please advise
immediately. Otherwise, I will assume that this rescheduling will
be accomplished. 'l'ha n k you ver.y much for your most kind
cooperation.
.
RKK:jd
cc: Steven Smilack
E. cole Fi tzGe ra1d , Esq.
2702E
MOYL~,FLRNIGRN,ET.AL. I
TEL 1'10 .407-659-1789 Jan
. . - 7,91 12:16 t',jo . CICIF: F',Ol
L"W o,.rllzc.8
MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEH.A.N, P.A..
'"'O'''''!;>''' ~I:A~O'" ~ARNE:TT CI!:NTRE: . ~T~ f"I-OOA IoIN"A II, "'<,"''''N
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E:., COLIl: "'UCl:R4LD. ~ WEST P.&.1.)I[ DJU.CB, 71.OJllIlA. all402 JOOY H. OI.WEIII
.JO..N r_ f"LAN1G...'" Tr;I"l:PHO...E (407) Ose-7S00 DAVID S. ..RC.$I....
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w.tn'1.0W 0, H"'WKES, JIl T&I.I:..HONE (eo"!) t!lBI.3aao "ONN" .... 8TIN.ON
1.1'101101 D. .........'UN~ (904)681-6768 ......Rt" .... "U"'_f:l' "'\JRI"'.
''''C81...ILI: S......UEI. ..., ,...0.......
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- WILTON I., Wf'ITE:
WILIo'''''''' .. KING
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STEVEN ..., ............HS TELIl:.HONC C.0'7)20B .11.4 ..O~1o H. Y\.lOCHf"lU:UND
"...C:SI""IoE (407) 2&0 '14~9
f'.u TR~NSMISSIQN CDYE.R SUF.J4:1.:
FROM FAX NUMBER
TO FAX NUMBER
RECIPIENT:
FlRM/COMPANY: - ..-..
. SENDER:~
TOTAL PAGES: ~ (Including Cover Page)
DATE SENT: l1.Qj TIME SENT: Jdt .' 112
FILE NAM:E: - FILE NO:
DOCUMENT:
fLEASEDELIYER IMMEDIATELY
Telephone number in case ot transmission error: _ (407) 659-7500
THE INFORMl>.TION CONTAINED IN THIS TRANSMISSION IS ATTORNEY PRIVILEGED NW
CONFIDENTIAL. IT IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR EWI I'l'Y
NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPltHT.,
YOU 1>.RE HEREBY NOTIFIED THA,!. ANY DISSEMINhTION, DISTRIBUTION OR COpy OF THIS
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RETURN THE ORIGINAl. MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL
SERVICE. WE WILL REIMBURSE YOU FOR EXPENSES. THANK YOU.
01885
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
/I
FROM: CITY MANAGERt';/!
SUBJECT: AGENDA ITEM # 'C - MEETING OF JANUARY 8, 1991
APPEAL OF PLANNING AND ZONING BOARD ACTION RE: SMILACK
REZONING PETITION (PRD TO SAD)
DATE: JANUARY 2, 1991
The action requested of the City Commission is that of reversal
of a Planning and Zoning Board action which denied a rezoning
request. The request was to rezone a parcel from PRD to SAD
(Special Activities District) in order to operate a boat dock
facility. The affected property, while outside of the Pelican
Harbor subdivision, gains access through and is for the benefit
of that development.
The appeal has been properly filed by the applicant pursuant to
Section 2.4.7(E) of the LDRs.
Attached is a memorandum from the Planning Director which gives a
synopsis of the situation, outlines alternative courses of
action, and gives a staff recommendation. Also included in the
backup is the package of information provided to the Planning and
Zoning Board and the applicant's appeal letter.
Recommend that the Commission proceed with hearing the appeal.
". .
. .
"
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ALISON MACGREGOR-HARTY, CITY CLERK
\. )~ \\)~
FROM: ~ID J. ~CS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF JANUARY 8, 1991
APPEAL OF PLANNING AND ZONING BOARD DENIAL OF THE
SMILACK REZONING PETITION (PRD TO SAD)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
reversal of a Planning and Zoning Board action on a rezoning
peti tion. The rezoning request is for Special Acti vi ties
District (SAD) zoning instead of PRD (current zoning). The
SAD zoning is desired in order to operate a boat dock
facility. The affected property, while outside of the
Pelican Harbor subdivision gains access through and is for
the benefit of that development.
The appeal has been properly filed pursuant to Section
2.4.7 (E), page 2.4.80 of the LDRs. The appeal has been
filed by a newly retained law firm representing the
petitioner.
The City Commission shall consider the appeal and, if the
denial is to be reversed, must make findings as were
required by the Planning and Zoning Board. Conditions may
be affixed.
BACKGROUND:
Attached is the Planning and Zoning Board staff report which
provides a description of the rezoning request and its assessment.
The request to SAD zoning requires the provision of a site and
development plan. A lesser submission (of a sketch plan) may be
used through the Planning and Zoning Board review and up to first
reading of the enacting ordinance. However, prior to second
reading a full site and development plan submittal must be
provided. [Ref Section 4.4.25(C)] In this case, the alternative
processing approach is being followed.
'. .
, ,
City Commission Documentation .
Meeting of January 8, 1991
Appeal of Planning and Zoning Board Denial of
the Smilack Rezoning Pettition (PRD to SAD)
Page 2
The rezoning request provides for the following:
* Change in zone designation from PRD to SAD;
* Use of boat docks under the auspices of the Pelican Way
Boatowners Association;
* Restriction of Association memberships to owners of
Lots 1-4 Boson Way, Lots 9-11 Bosum Circle, Lots 27-34
Harbor Circle, and all units within Captain's Walk
which abut the C-15 Canal;
* The subdivision of the subject property into three lots
each of which is to be combined.with abutting property
located within townhome ownerships within Pelican
Harbor;
* The Pelican Way Boatowners Association would have
ownership only of a minimal amount of land running
along the boat docks.
Please review the attached staff report for the lengthy
chronology and assessment of the request.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of December 17, 1990 at which time a public hearing \oJas
held. Representatives of abutting property owner associations
and nearby residents spoke in opposition to the request.
Following the public hearing and after extensive discussion, the
Board on a 5-1 vote (Currie opposing, Parker absent) denied the
petion. The Board's action was based upon the following:
* Inconsistency with Comprehensive Plan Housing Element
Policy A-2. 4 {Ref LDR Section 3.3.2(A)} Le. that a
rezoning to other than CF within stable residential
area shall be denied;
* Inconsistency with adopted Standard (D) for Rezoning
Actions {Ref LDR Section 3.3.2(D)] in that it was
determined that the rezoning would result in an
incompatible land use and that sufficient mitigation
of adverse impacts is not provided;
* A failure to find that the rezoning is justified based
upon the valid reasons as set forth in LDR Section
2.4.5(D).
.
City Commission Documentation
Meeting of January 8, 1991
Appeal of Planning and Zoning Board Denial of
the Smilack Rezoning Pettition (PRD to SAD)
Page 3
Testimony which influenced the Board's decision included:
1- Lack of access along the canal from Captain's Walk both
for Association members from those units and for the
provision of E.M.S. services;
2 . Lack of accessibility to provide potable water;
3 . Lack of accommodation of open space requirements which
apply to development along a watenvay (Conservation
Element B-2.5);
4. Creation of irregularly shaped lots; and,
5. Inadequate parking facilities to accommodate loading
and unloading of boating supplies.
BASIS OF THE APPEAL:
In the appeal letter (copy attached), it is asserted that ample,
competent and persuasive proof was provided in support of the
rezoning request and that the Board's denial was arbitrary and
unreasonable. Further rationale is provided. There is no
proposal to alter the request as it was presented to the Board.
ALTERNATIVE ACTIONS:
A. Determine that the applicants arguments do not affect the
basis for denial as made by the Board and deny the appeal.
B. Overrule the Board action based upon examination of the
record and arguments presented at the appeal hearing. If
this course of action is favored, the formal action should
be continued so that your staff may prepare an appropriate
listing of findings and conditions. These items would be
contained in an enacting ordinance which would then have
first reading and then be subject to a public hearing prior
to enactment.
C. Proceed with action "A" from above, but grant a waiver from
the provision of Section 2.4.5(D)(6) which prohibits
resubmission of a same or similar rezoning petition. This
action would allow the applicant to prepare a new petition
which provides for further definition of the use and
provision of mitigation measures. If this action is taken,
direction should be given as to what those measures should
be.
." .
. ,
City Commission Documentation
Meeting of January 8, 1991
Appeal of Planning and Zoning Board Denial of
the Smilack Rezoning Pettition (PRD to SAD)
Page 4
RECOMMENDED ACTION:
By motion, affirm the findings of the Planning and Zoning Board
and deny the appeal.
NOTE: This recommendation is based upon there being no change
in the petition which was before the Board. If there
is a desire to modify the petition then a waiver
pursuant to "c" can be provided or, in the alternative,
the item can be remanded to the Planning and Zoning
Board for reconsideration of a modified petition.
Attachment:
* P&Z Staff Report & Documentation of December 17, 1990
* Appeal letter from Ronald Kolins, Attorney
DJK/#75/CCSAD.TXT
.
uo.w OF"F"ICES
MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P.A.
a.-=rl:tv S. ."4...MUTH BARNETT CENTRE. g'. "'l..OOR STEVEN A. .....AY...NS
T...O.....S .., BE...SON 625 NORTH F"l..AGl..EFl ORIVe: LINOA R. MCCANN
PETER L. BRETON !'>OST OF"F"ICE BOX 3666 .4NOREW..J MC""'A...ON
ROBERT BRODY WEST PALM BEACH, FLORIDA :33402 LISA A. MILL.ER
I'<.AREN T, CONEY .,JON C. MOYLE.
O..EOO..... O. COOl< TELE"'HONE (A07) 659-7500 ,Jooy M. OL.lvER
E, COLE "'T~OE""'LO, m .....CSI..'LE (A07) 659 -1789 OAVID S. PRESSL.Y
..JO....N F". F'LAN,OAN - P"'T~'CJl( E. QUINL.AN
ANOREW "-ULTON. m TAl..LAHASSEE OF"F'lCIE MA"'" E. RAYMOND
MYRA GENOEL TELEPHO~E (90A) 661-3626 TMO..."S A_ S....EE....AN. 1Ir
NANCY MAL.LEY QFOIAIo-lAM (90A) 661-8766 OONNA M. STINSON
WINSLOW O. HAWKES. m .....CS,..,LE MARTA M. SUAREZ' M URIAS
t...VNN G. MAWJI(INS S.AMUEl,. A. TMO.....A$
""".RTIN V. t4.ATZ - WIL. TON L.. WHITE
WILL-lAM 8. KING STUART OF"F"ICE T....OMAS L. v05ET
AONALO K. HO'-INS TELEPHONE (407) 288 -I 144 ..JOEL. H. YUOENrREUNC)
r:'...CSI.....ILE (407) 266 -1499
December 28, 1990
HAND DELIVERED and
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Alison MacGregor Harty
City Clerk
Ci ty of Delray Beach
100 N.W. 1st Avenue
Delray Be ac h, FL 33444
Re: Appeal of De ni a 1 of Rezoning Request
Dear Ms. Harty:
This firm represents Steven Smilack and Alma J e a n ne Slizyk
Smilack, the agent and owner, respectively, in a recent rezoning
request relating to the matter of Agenda Item III.D. On December
17, 1990, the City Planning and Zoning Board denied our clients'
request for a rezoning from PRD (Pl anned Residential District) to
SAD (Special Activities District). Pursuant to Section 2.4.7(E)
of the Ci ty Land Development Code, this letter is submitted as our
clients' appeal of the aforesaid denial to the City Commission.
The Planning and Zoning Board's stated reasons for the denial
were -the failure to make positive findings with respect to.. . - .
.
1. Rezoning to other than CF (Community Facilities) in
stable residential districts;
2 . Incompatibility;
3 . Lack of valid reasons for changing the zoning district.
3182B
."
.
Ms. Alison MacGregor Harty -
December 28, 1990
Page 2
Notwithstanding the foregoing however, the appl icant offered
ample, competent and persuasive proof on all of these aspects and
the Planning and Zoning Board's denial was arbitrary and
unreasonable.
The very purpose of the SAD designation is to provide
flexibility in addressing unique situations such as that of our
client. The proposed rezoning site is a sma 11 , t ria ng u 1 a r parcel
lying between two established residential developments (Pelican
Harbor and Captains Walk) and the C-lS canal. It is land locked
and thus cut off from vehicular access sufficient to allow
resident ial deve lopment . Its primary asset is its access to a
navigable portion of the C-1S canal.
Accordingly, our clients i n tend to utilize the property for
the mooring of eight (8 ) boats. They have in fact, pursuant to
Ci ty permi ts, constructed the docks. The se docks are in every way
similar to, and a continuation of, the docks which exist at the
adjacent Captains Walk community. Clearly, such docks are
compatible with the adjacent land uses.
In order to eliminate any questions concerning access to the
docks, as well as to address the concerns of the neighbors, the
applicants specified that these docks would be for the sole use of
the owners of homes along the C-lS ca na 1 frontage. These owners
may easily access the doc k s on foot along the C-lS canal right of
way, obviating the need for parking and vehicular access.
These doc k s will be of significant benefit to the adjacent
owners, especially to the west, since the SFWMD cont rol structure
precludes them from having docks of the ir own.
Given these limitations on use, these docks will be, in
ef fect, community facilities.
The purpose of the Performance Standard in Section 3.3.2 is to
preserve .stable neighborhoods.. The proposed rezoning will not
in any way be contrary to this purpose. Rathe r , it will
contribute to the neighborhood stability by allowing an otherwise
vacant and useless parcel to be productively used in a manner
consistent with the existing neighborhood and to the benefit of
its residents.
The docks are perfectly compatible with the sur round ing uses
since they will be indistinguishable from the adjacent existing
3l82B
.
,
MS. Alison MacGregor Harty
December 28, 1990
Page 3
d ock-s . They will not be operated as a ma r i n a but rather, as
single family docks.
There are very compe 11 ing reasons in suppo r t of the rezoning.
U nd e r the present zoning, the parcel cannot be used for
residential purposes. NO other economically viable use can be
made of the parcel. The applicant's proposed use will not depend
on vehicular access nor have any traffic impacts. It will
substantially add to the tax base of the City while not
significantly increasing the de ma nd for ser vi ces. It will
increase the recreational opportunities for the adjacent
homeowners who purchase membership in the Boatowner s ' Association.
Section 2.4.5(D)(2) provides several examples of valid reasons
for changing the zoning, including:
That the requested zoning is of similar
intensity as allowed u nd e r the Future Land Use
Map and that it is more appropriate for the
property based upon c i r c ums t a nc e s par t icular to
the site and/or neighborhood.
Both the Comprehensive Plan and the Land Development Regulations
provide that the Special Activities District is appropriate to any
land use category. The proposed use is suitable and compatible
with the surrounding existing development. The particular, unique
circumstances creating the need for the SAD designation have been
presented.
For all of these reasons as well as others, the Planning and
Zoning Board's denial of the rezoning was improper, arbitrary and
unreasonable. Other reasons to approve this matter relate to
discrimination and/or equal protection, equitable estoppel, equity
and fairness, the inappropri ate role of citizen oppo si t ion on the
decision of the Planning and Zoning Board, and inverse
condemnat ion. In accordance with Section 2.4.7(E)(3), we
respectfully request a full hearing before the City Commission to
review this rezoning request and to grant the rezoning. Time is
of the essence due to our clients' substantial investment in dock
construction, which construction was induced by the City's pr i or
actions.
318 2B
'<0 .
Ms. Alison MacGregor Harty
December 28, 1990
page 4
If any additional information is needed, please contact the
undersigned.
PLB/dl
cc: Mr. Steven Smilack
E. Cole PitzGerald, Esq.
3l82B
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~AN'N I NG B ZON] - JG BOARD STAFF REPORT
--- - -
ITY OF OELRAY BERCH~
vir -rNG rnTE: December 17. 1990
=tGEN:l9 ITEM: III.D.
',TEH: Smi l.qr SAD Rezoning (PRD to DAD) for a .-Boat Dock. This Project is Located within
Pelican Harbor.
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E '':RAL DATA:
Owner...........................Alma Jeanne Slyzyk-Smilack
Agent...........................Steve Smilack
Location........................tlarth side of the C-15 Canal
between Federal Highway and the
Intercostal Waterway
Property Size................... .17 Acres
City Land Use Plan..............Hedium Density 5-12 units/acre
City Zoning.................... .PRD (Planned Residential
Development)
Proposed Zoning.................SAD (Special Activities District)
Adjacent Zoning.................North, East, and West of the
subject property are zoned PRD
(Planned Residential
Development). South is the C-15
Canal.
Existing Land Use...............Vacant Land with B boat docks.
Proposed Land Use...............Pelican Way Boatowners
Association Use of the Docks
Water Service...................2.. extention of the 6" water main
along Harbor Circle to be
provided. III. D,
Sewer Service................... t~o sewer service to be provided.
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ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a Rezoning from PRO to SAD for .17 acre of land. The property is
east of Federal Highway immediately south of the Pelican Harbor
subdivision and abutting the CIS canal.
BACKGROUND:
With the platting of the Pelican Harbor subdivision in 1979, a small
parcel of land (subject property) located between the subdivision
and the C-15 canal was not included. The parcel appears to be a
left- over portion of a parcel acquired for the C-15 right-of-way.
The parcel was purchased on March 12, 1982 by the applicant who also
owns one of the abutting townhouses in Pelican Harbor Subdivision.
On March 7, 1988, the applicant submitted a request to construct a
townhouse on the property and requested information as to how access
would be gained to the site. The applicant was informed that the
property was currently zoned PRD-7 which required a five acre
minimum for development. The property would have to be aggregated
or rezoned to allow for development. With respect to access, the
applicant was directed to work with the Pelican's Harbor Homeowners
Association to gain access to the parcel. The applicant petitioned
the court for a necessity of easement (pedestrian) to cross an
adjacent open space tract within Pelican Harbor subdivision. The
request was denied by the Courts and was subsequently upheld on
appeal. The townhouse unit proposal was apparently abandoned.
A permit request was submitted to SFWMD (South Florida Water
Management District) on April 18, 1988, to construct 8 docks within
the C-15 Canal adjacent the parcel. On September 14, 1989, a SFWMD
permit was issued to construct 128' of concrete bulkhead, a 4'x 128'
marginal dock and four 3.5' X 25.5' finger piers within the north
right-of-way of the C-15. On January 11, 1990, the permit was
modified to include 4 dolphin mooring piles. The lengthy permitting
process with SFWMD was in part due to concerns the District had with
allowing construction of 8 docks for one townhouse unit. Upon an
agreement by the applicant to create a boatowners association for
interested property owners, the permit was issued. Special
conditions of the SFWMD permit include the following:
That the applicant would establish a Pelican's Way
Boatowners Association and transfer the permit into it's
name.
Page 2
The applicant is prohibited from selling or leasing the docking
facilities, and the only monies collected are to go towards
maintenance of the docking facilities.
On December 5, 1989, a dock variance was granted by the City
Commission to extend the 8 docks within 10' of the west property
line, to permit the finger piers to extend 30.5' into the C-15 canal
and to allow the dolphin piles to be installed 40.5' into the canal.
On December 11, 1989, a City Building Permit (# 89-4078) was issued
for construction of the 8 docks. On January 25, 1990, a Building
Permit (# 90-4792) was issued for associated electrical work.
On April 24, 1990, a variance from Section 154.43(A) was granted by
the City Commission (consent agenda) from the requirement to install
a sewage pump in conjunction with construction of a proposed dock.
At the request of the Pelican Harbor Homeowners, on May 8, 1990, the
City Commission discussed the docks which were under construction.
As the docks were being constructed on a vacant parcel and not
accessory to any residential unit, construction was found to be in
violation of the PRO Zoning District Regulations. On May 9, 1990, a
stop work order was placed on Permit # 89-4078.
On June 13, 1990, the applicant executed a Unity of Title between
his abutting townhouse and the parcel before you. With the Unity of
Title, the proposed use was then accessory to the single family use
and construction was allowed to proceed. (In apparent conflict the
SFWDD permit would not have been issued for facilities accessory to
one single family home).
On June 16, 1990, a preliminary inspection of the electrical work
under Permit # 90-4792 was conducted. It was discovered that 8
separate electrical meters were being installed while 1 meter is
allowed for each single family accessory dock facility. A stop work
order was issued on the electrical permit on June 16, 1990. All
work on the electrical hook ups has ceased awaiting the outcome of
this rezoning request.
Construction of the 8 docks was completed and on September 10, 1990,
the SFWDD (South Florida Water Management District) permit was
revised to reflect actual built conditions which are 145' of
bulkhead and 121'of marginal dock.
On November 26, 1990, the SFWDD (South Florida Water Management
District) permit was transferred from the applicant's name to the
Pelican Way Boatowners Association. (In apparent conflict with th~
City Zoning Regulations).
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Page 3
PROJECT DESCRIPTION:
The proposal before you is a rezoning of a .17 acre parcel of land
located along the C-15 Canal to SAD. There are 8 existing docks on
the property. The docks have been completed under the auspices of
being assessory to the adjacent townhouse unit owned by the
applicant. The applicant is seeking the SAD zoning district to
allow the use of the docks by the Pelican Way Boatowners Association
(PWBA) thus allowing other property owners to utilize the existing
dock facilities. Membership in the Association is proposed to be
limited to those units within Pelican Harbor which abut the C-15
Canal (Lots 1-4 Boson Way, Lots 9-11 Bosun Circle, Lots 27-34 Harbor
Circle) , and all units within Captain's Walk which abut the C-15
Canal). Access to the dock facilities is proposed along the SFWDD
(South Florida Water Management District) right-of-way for units
within Pelican Harbor, and across Condominium common area for units
within Captain's Walk.
A letter accompanying the petition also included a proposed
subdivision of the parcel into three tracts. These tracts are to be
combined with three adjacent townhouse units as an extension of
their respective backyards. If SAD zoning approval is granted, the
applicant will terminate the Unity of Title between his townhouse
and this parcel and the subdivision (replat) will occur. It is not
clear if the PWBA would hold title to any land.
ALTERNATIVE METHOD FOR THE PROJECT
If this request were made by The Pelican Harbour Association under
the desription as use of a Community Facility (docks), it would be
accommodated simply as an amendment to the Development Plan. In
such a circumstance the adjacent property would need to be a part of
the common aspects of the Subdivision. However, such an approach
apparently cannot be accommodated by either, or both, parties.
Thus, Mr. Smilack is pursuing a similar end through private efforts.
ZONING ANALYSIS:
This parcel is currently zoned PRO. The surrounding zoning is PRO
,to the west, east, north, and to the south the parcel abuts the C-15
canal and residential uses in the City of Boca Raton.
Pursuant to Section 4.4.7 (C), boat docks are allowed assessory to a
single family home in the PRO Zoning District. Under the current
zoning district all of the docks can only be used by the applicant
or his friends. With the granting of a SAD zoning designation, a
Boatowners Association would be established and the docks would be
Itilized by members of the Association. --
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Page 4
Pursuant to Section 2.4.5 (0)(1), a justification statement of the
reasons for which the change is being sought must accompany all
rezoning requests. The code further identifies certain valid
reasons for approving the change being sought. These reasons
include the following:
* That the zoning had previously been changed, or was
originally established, in error;
* That there has been a change in circumstance which makes the
current zoning inappropriate;
* 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.
Pursuant to Section 2.4.5(d)(5), the City Commission is required to
make a finding that the petition will fulfil one of these reasons.
The applicant has stated that the third reason applies to this
request in that:
"The SAD Zoning is specifically designed to be similar in
intensity as allowed under the Land Use Map and compatible with
the surroundings, because permitted uses are designated at the
time of approval. We are proposing that the 8 existing boat
slips be allowed to be used by any of the 14 single family
property owners that have access via their rear yards and any
of the 57 multiple-family unit owners in the abutting Captain's
Walk. This proposed use is compatible and consistent with the
docks that surround Pelican Harbor property. There are 44 boat
slips that serve multiple-family housing, both remote and
adjacent to these docks in Captain's Walk. There are also 28
boat slips in Tropic Isle Harbor that serve both remote and
adjacent single family homes."
The applicant draws an analogy between this request and similar dock
facilities within Captain's Walk and Tropic Isle. It is noted that
the existing facilities at Captain's Walk and Tropic Isle have been
created in violation to current Land Development Regulations.
However, there are remedies available to those situations to have
approval granted under conditional use processing.
The above justification references the ability of 57 Captain's Walk
units to access the proposed Boatowners Association lands while the
exhibit provided with the application shows 38 units abutting the
C-15 Canal are to have membership rights. In addition, a fence
exists on the common property line of Captain's Walk and the
proposed SAD tract. It is my understanding that Captain's Walk
Condominium does not have any plans to provide access through their
fence. Therefore, it appears appropriate that until an agreement
between the applicant and Captain's Walk Homeowners Association is
reached they should not be included in consideration of this
application.
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Page 5
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The fence creates a major obstacle as it relates to providing access
for fire apparatus to the site. The Fire Department has indicated
that they require access from the east through the fence between the
site and Captain's Walk. The applicant must reach an agreement with
the adjacent development and provide access from the east if
approval is to be granted.
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 SAD zoning district is established in order to provide a
zone district which is appropriate for projects which are not
otherwise classified or categorized in other zone districts.
While SAD zoning is deemed consistent with any land use
designation on the Future Land Use Map, the uses within a
specific SAD shall be consistent with the land use category
shown on the Future Land Use Map (see discussion under
consistency) . " The Land Use designation for this parcel is
Medium Density residential. Communal boat docks may be
provided in residential areas. Thus, a determination of
Consistency can be made.
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 as 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:
* 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.
Page 6 .
Water:
Water is to be provided to the docks via a 2" main extension south
from a 6" main within Pelican Harbor Subdivision through an easement
over common area of Pelican Harbor Subdivision. Each dock will be
provided with a 3/4" individual hose bib. A fire hydrant exists
within Pelican Harbor Subdivision approximately 210' north of the
docks. An intervening CBS wall with an access gate exists along the
property line between Pelican Harbor and this tract. Due to the
lack of a adequate paved turn around area within Pelican Harbor the
Fire Department has determined this access inadequate and is
requiring access from the east in Captain's Walk. As there is a
fence on Captain's Walk property, the applicant must reach an
agreement to provide gates for required fire access.
Sewer:
Pursuant to Section 154.43(A), installation of a sewage pump is
required in conjunction with the construction of a dock for two or
more vessels. On April 24, 1990, the City Commission granted a
variance not requiring installation of a sewage pump by this
applicant. Therefore, the owners of vessels containing portable
toilet units will presumably have to carry the waste to their u~its
for proper disposal.
Drainage:
Drainage is not a concern as the entire site will be retained in
previous area. Grading of the site associated with improvements
required, if approval is granted, will assure retention of on-site
drainage.
Streets and Traffic:
The project is of minimum impact in terms of ADT (Average Daily
Trips) and normal peak hour traffic. All members of the Boat
Association are limited to homeowners which border the canal.
Therefore, no additional trips except the homeowners guests would be
added to the traffic network.
Parks and Solid Waste:
These items do not apply given the nature of the request.
Consistency:
Compliance with the performance standards set forth in Section
3.3.2 along with the required findings in Section 2.4.5 shall be the
basis upon which a finding of overall consistency is to be made.
Other objectives and policies found in the adopted Comprehensive
Plan may be used in making of a finding of overall consistency. The
applicable performance standards of Section 3.3.2 and other policies
which apply are as follows:
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Page 7
A) That a rezoning to other than CF within stable
residential area shall be denied. (Housing element A2.4)
This parcel is within a stable neighborhood area.
B) Does not apply.
C) Does not apply.
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.
While compatibility in terms of use is a concern, the docks exists.
There are concerns with respect to associated impacts.
The proposed use of these docks may be incompatible with the
surrounding residential uses in that no proper access exists to the
site. All potential Boat Association members within Pelican Harbor
must either traverse public lands situated behind residential units
to gain access, or impact Captain's Walk development for convenient
parking and unloading. While it is acknowledged that the public has
access rights on the C-15 Canal right-of-way, it appears
unreasonable to have this right-of-way as the primary means to
access the site. With limited vehicular access, all equipment,
supplies, and waste will be carried along the public right-of-way.
Access from Captain's Walk is proposed across condominium common
area and through an existing fence. Access concerns for both
proposed Boatowners Association members and fire apparatus is
discussed under the Zoning Analysis section. In the zoning
justification statement, the applicant refers to similar dock set
ups within Captain's Walk and Tropic Isle. It is noted that the
dock facilities in Captain's Walk and Tropic Isle have access over
the common ground of the condominium association of which every dock
owner or user is a member. In addition, vehicular access from
common area travelways exists in proximity for temporary unloading
of boating equipment, etc.
Land Use Elem.ent:
Objective A-I: Vacant property shall be developed in a manner so
that the future use and intensity is appropriate and complies in
terms of soil, topographic, and other applicable physical
considerations, is complimentary to adjacent land uses, and fulfills
remaining land use needs. (bi, b3)
This proposal can be considered to be complimentary to adjacent
uses. However, the lack of proper access has the potential to
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negatively effect owners in Captain's Walk from additional traffic
of members utilizing the development to unload and park vehicles.
Page 8
Land Use Element:
Policy A-3.3: Proposed development shall accommodate required
open space as provided for under Policy B 2.5 of the Conservation
Element and/or Policy B-1.4 of the Open Space and Recreation
Element. (See following)
Conservation Element:
Policy 8-2.5: Whenever new development or redevelopment is
proposed along a waterway, a canal, an environmentally sensitive
area, or an area identified via Policy B-2.1, an area equivalent
to at least lO% of the total area of the development shall be set
aside in an undisturbed state; or 25% of native communities shall be
retained pursuant to TCRPC Policy 10.2.2.2. This policy shall be
implemented as a part of the development review process. (b3)
Pursuant to the above policy, this parcel is required to set aside a
minimum of 741 sq. ft. of open space along the waterway. As this
site is disturbed cleared property this area at a minimum should be
landscaped with native communities.
The intent to subdivide the parcel and, presumably, restrict use for
private purposes is contrary to this policy.
Compliance with S.A.D. Parking Requirements:
Pursuant to Section 4.4.25(G)(2) (SAD parking requirements), all
loading and parking space requirements are determined at site
development plan approval stage. Due to the unique characteristics
of this proposal the applicant proposes utilization of existing
residential unit parking and access limited to pedestrian access
only. The Board should make a finding as to whether or not parking
and access proposed is adequate for the proposed use. The units
within Pelican Harbor contain two-car garages, and the potential to
accommodate two additional cars in the driveways. The units within
Captain's Walk are provided with 2.5 parking spaces per unit.
SITE PLAIt CONSIDERATION:
Normally with a SAD zoning request a full site plan is submitted and
made part of the SAD Zoning Ordinance. However, with this request a
sketch plan has been submitted. While this exhibit is adequate for
review of the overall proposal, a detail submittal will be required.
Under the current submittal the development proposal could proceed
to first reading by City Commission. Prior to second and final
reading, a final Site Plan and Landscape Plan must be provided and
approved by the Site Plan Review and Appearance Board.
Upon staff's review of the rezoning request, the following Code
deficencies or requirements have been noted:
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Page 9
A. Pursuant to Section 4.4.25(0)(1) within the front and any
street side setback, a fifteen foot (15') setback area
shall be a landscape area. Since there is no street
abutting the parcel, this requirement does not apply.
However, this requirement adds credence to the
recommendation that the site be retained in open space and
appropraitely landscaped.
B. Pursuant to Section 2.4.5(K) the property must be platted
as a minor subdivision. Platting is required because the
parcel has been subdivided by a meets and bounds
description from a larger parcel.
Subdivision Proposal:
The applicant also is seeking to subdivide the parcel. This
proposal raises additional concerns and problems, i.e. :
(1) The entire parcel is being changed to SAD and to combine the
land portion of SAD with an adjacent zoning category of PRO is
inappropriate. The SAD Zoning District is for uses which are
not accommodated by other zoning districts. Rear yards for
townhouse units can be accommodated in all Residential Zoning
Districts.
(2) Land cannot be added to an existing Condominium Association
through the Subdivision process without overall approval by the
governing body of the Association.
(3) It is noted that the docks are in public waterway and the
privately owned land is the property being used to establish
the Boatowners Association. To thereafter eliminate the
Boatowner Association interest in the private land through
subdivision to adjacent properties is inappropriate.
(4 ) It is more appropriate to landscape and maintain the property
in a proper manner to meet general community aesthetic
considerations and specific requirements for open space
retention along a waterway.
Other:
A letter of opposition has been received and a copy is attached to
this staff report.
.
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Page 10 .
ASSESSMENT AND CONCLUSIONS:
The applicant contends that the utilization of these boat slips by
Boatowners Association members will be similar to existing
conditions within Captain's Walk and Tropic Palms. However, this
site differs with respect to the availability of both pedestrian and
vehicular access. In Captain's Walk and Tropic Palms, both
pedestrian and vehicular access are available to adjacent docks
across common ground of the condominiums development. This site's
access for Pelican Harbor residents is by pedestrian easement across
public lands behind residential units. Vehicular access for
unloading and parking is avialable in close proximity to the docks
through the Captain's Walk development. If Pelican Harbor residents
were to utilize roadways within Captain's Walk in this manner this
may present an unacceptable impact.
However, the request does represent a continuation of existing uses
which exist to the east. This item seems to fall into the purview
of neighborhood compatiability. As a straight land use item it is
taut amount to placing a commercial use wi thin a stable residential
area. If valid reasons for not allowing the use are presented and
there is an inability of the applicant and neighboring association
to provide additional vehicular, emergency, and pedestrian access
then the request should be denied.
ALTEIUlATIVES:
A. Continue with direction.
B. Recommend denial of the request based upon a failure to make a
positive finding with respect to Chapter 3 (Performance
Standards). Specifically required finding under Consistency
pursuant to Section 2.4.5, and a failure to find a valid reason
for the change pursuant to Section 2.4.5(0)(2).
C. Recommend approval of the request based upon positive finding
with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, Policies of the Comprehensive Plan,
and Section 2.4.5(0)(2) (valid reasons for the zoning change)
and subject to the following conditions.
1. Submission and receipt of approval of a Landscape Plan for
the entire parcel incorporating the required landscape
buffer pursuant to Section 4.4.25(0)(1), and landscape
material required pursuant to the Conservation Policy B.
2.5.
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Page 11 .
2. Membership limited to the following lots as indicated on
the recorded plats, (1-4 Bosum Way, Lots 9-11 Bosum
Circle, Lots 27-34 Harbor Circle) , and all units with
Captain's Walk which abut the C-15 Canal.
3. Subject to the entire parcel remaining under one
description (not given to adjacent residential units) and
to be under the ownership and maintenance responsibility
of the Boatowner's Association.
4. Subject to the provision of proper fire, as well as,
pedestrian access through the fence along the east edge of
the property.
5. Subject to platting as a minor subdivision.
RECOMMENDATIONS:
B. A recommendation is not provided at this time due to the lack
of official comment from adjacent property owners and their
Associations.
Attachments
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12/10/90
DAVID KOVACS
DIRECTOR OF PLANNING
CITY OF DELRAY BEACH
FL. 33444
DEAR SIR:
IN ANSWER TO YOUR FILE # 91-004 (AKA SMILAK PETITION)---
I STRONGLY OBJECT TO THE REZONING OTHE FOLLOWING REASONS.
I.IT WILL BREECH PELICAN HARBOR SECURITY.
2. NO AREA FOR PARKING.
3. MORE TRAFFIC - LESS SAFETY OF CHILDREN.
4. NO GAURANTEE WHO WILL BE USING THE DOCKS.
5. PELICAN HARBOR IS A CONTROLLED RESIDENTIAL
COMMUNITY--THIS REZONING WOULD CHANGE THIS.
6. MR. SMILAK OWNS PROPERTY IN PELICAN HARBOR - BUT
DOES NOT LIVE HERE.
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THOMAS R. MAIMONE
277 PELICAN WAY
DELRAY BEACH, FL. 33483
407 278 4055
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South Florida Water Management District
po, Box 2-t680 - 3.301 Gun Club Road - West Palm Beach, FL 33416-4680 . (40il686-88OO . FL W A TS 1-~i1.i52-2045
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Df"'cember 14, 1990 ," ;2 - O'N\NG
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r.1r. Paul Dorling, Planner II P oi.....-'-""....-'"
City ~f Delray Beach ~' .
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Dorling:
SUBJECT: Right of Way Occupancy Permit, Modification Number 9023,
Palm Beach County, Pelican Way Boatowners Association
(Steven Smilack), C-15, Section 33, Township 46 South,
Range 43 East.
It has been brought to my attention that a portion of the
District's November 27, 1990 letter to you concerning Pelican Way
Boatowners Association was unclear and requires clarification. The
area in question apparently regards the sale or lease of docking
space.
r will attempt to explain the terms and conditions, as District
staff understood them, relating to the Boatowners Association and
the subsequent permit special conditions presented to the
district"s Governing Board for approval.
Mr. Smilack qualified as an eligible applicant for a Right-of-Way
Occupancy Permit by virtue of the fact that he owns a small parcel
of property between Pelican Harbor and adjacent to the C-15 right-
of-way. He also, apparently, owns a residence in Pelican Harbor
adjacent to his parcel of land. Mr. Smilack explained that his
purpose for constructing the docking facilities was for his own
personal use and for some of his neighbors who wanted nearby dock
space but had no opportunity for any other docking facilities
since all remaining land, adjacent to the tidal areas of C-15, are
privately owned or are developments with their own docking
facilities.
Upon receipt of a completed application, staff developed the
Special Conditions of the permit in accordance with District Rules
and Policy contingent upon the following conditions:
o Mr. Smilack would form a non-profit Boatowners Association
and submit a recorded set of by-laws and covenants, which
must meet the approval of the District.
Governing Board:
James f, Garner. Chairman - fort Myers fritz Stein - Belle Glade Valerie Boyd - Naples John R, Wodraska, Executive Director
Doran A, Jason. Vice Chairman. Key Biscayne Mike Stout. Windermere James E, Nail. fort Lauderdale Tilford C, Creel, Deputy Executive Director
Arsenio Milian - Miami Ken Adams. West Palm Beach Charles W, Causey -/slamorada Thomas K.MacVicar, Deputy Executive Director
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Mr. P.1.U 1 DOl:ling
December 14, 1990
~age 2 of 2
0 All members of the Boatowners Association must own or lease
a residence in Pelican Harbor.
0 The sale or lease of docking space to non-residents is
prohibited.
0 At such time as the recorded Association documents are
received and approved by the District, and the authorized
facilities are constructed in accordance with the design
plans and approved by the District, the permit would then
be transferred from Mr. Smilack's name to Pelican Way
Boatowners Association.
With regard to the assignment of boat slips and the sale or lease
of docking space, the District was never advised that a prospective
Association member had to "buy into" the Boatowners Association.
It \-.'as understood that Mr. Smilack was providing a service to
himself and his neighbors in Pelican Harbor for the privilege of
occupying and utilizing the Lands and Works of the District.
It was further our understanding that the only monies to be
collected would be reserved for routine maintenance of the docking
facilities. District Rules allow removal of facilities located in
the right-of-way which are allowed to degrade to the point of
disrepair and thus become a liability risk to the District.
I hope this has served to clarify any questions you may have had
regarding this matter.
Sincerely,
-1Y~ ?v'~
Harold E. Herbst
Environmentalist
Right-af-Way Permitting
Department of Land Management
HEH/bcg
cc: Steven Smilack
RETURN RECEIPT REQUESTED
CERTIFIED NUMBER P402-796-159
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MEMORANDUM
TO: MAYOR AND CITY COMMISS~S
FROM: CITY MANAGERlAc:n r\\ b /1)\-+
SUBJECT: AGENDA REPORT - MEETING OF FEBRUARY 12, 1991
REQUEST FOR RECONSIDERATION OF DENIAL OF SIDEWALK INSTAL-
LATION REQUIREMENTS- CHURCH OF THE PALMS
DATE: February 5, 1991
We received a request for reconsideration of a Commission decision to
deny the request for waiver of sidewalk installation for the Church of
the Palms. The original request was heard at your November 13th
meeting, at which time the Commission by a 4-1 vote (Mayor Lynch
dissenting) denied the waiver of the sidewalk installation on N.W.
22nd Street. The applicant still contends that the sidewalks on 22nd
Street go nowhere and therefore is continuing to petition the
Commission for a waiver of the installation requirements.
Please note that in order for this matter to be considered, it will be
necessary for one of the Commissioners who voted against the waiver
(i.e., Dr. Alperin, Mr. Andrews, or Mr. Randolph) to first move for
reconsideration.
Recommend reconsideration of a Commission decision denying the request
for waiver of sidewalk installation on N.W. 22nd Street for the Church
of the Palms.
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James V\T. Briggs 910 CYPRESS DRIVE · DELRAY BEACH, FLORIDA 33483 -,- -.
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Mayor Thomas Lynch YJL; ,HauklV -
100 NW First Ave. M60..uf v-~ {!oiwd<..- ~.J
Delray Beach, FL 33444 CiD7Ul 'h .LX2 nr..L .luJUL cw- ~
Dear Tom,
Q~t~'f J~tU2y .~ u)(2v)(.<--
I hate to keep bringing up
since I have not heard f~rther frc (/. e. Ct '';?..1..~ r
Novembe r 15, I must cont 1 nue my pe '_) , ' .
. &7~ :5 f)J-1uri.Y i
After readlng The Palm Beact ~ G ,
that our dist inguished commissione ~~ LeJauIt/( 'I ufcli< O'X.JL
a change of heart regarding the Sl )
I do agree, "They DO give an awful at YflCTJJL (!~"'fCi}LCCX:uru_~J..
I rea 1 i ze that it was 1..<.:110 ucM- r:/e; dlfU.( 1&
Commissioners that night of Noven . - .- - _I _ _..! _1_ ~~- - - --. .- '--
situation at the Church of the Pal u){1<.-0~' 7 en ;2;;2 /) c1 i4,(/Ci;j
bothered to study the layout on thE
I since re 1 y propose that one n I;; /lriaUG f ALC<~0>; ?
Armand Mouw, since he is a well kno
and perhaps Bill Andrews if he is f}L~ r ///13/915
either myself or our Pastor and ac1
a sidewalk is going to be an enti a CL afi?u:-L.d2 .
contributions.
If we must put on a further ~.
church, I am certain that we can L C' ,~,
project and give more back to the t ;
a s i dewa 1 k that wi 11 never be walk,
Our building committee is aVi /JlI:rnK L-IDLL ~
j ~j
a member of the commission call th " >1'
when they would like,to review our plans ana V1S1t tne Slte Tor our
new Fellowship Hall.
Sincerely.
~es ~reasurer
Church of the Palms Congregational
cc: Armand Mouw
Bi 11 Andrews
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I Mr. Kovacs explained that the issues raised by the Commission
"
, tonight were not raised at the P&Z Board meeting. They considered the
t
conditional use, but recommended denial, based upon the incompatibility
of the site design features and not specifically of the use.
Mr. Andrews withdrew his motion, Ms. McCarty withdrew her
second.
Ms. McCarty made a substitute motion to remand the request back
to the p&Z Board for their comments relative to the Commission comments,
seconded by Mr. Randolph. Upon roll call the Commission voted as
follows: Dr. Alperin - Yes; Mr. Andrews - No; Mr. Randolph - Yes; Mayor
Lynch - Yes; Ms. McCarty - Yes. Said motion passed with a 4 to 1 vote.
9.F. Request for Waiver - Church of the Palms. The Commission is to
consider a request from the Church of the Palms for a waiver of the
sidewalk and interior landscaping requirements. Approval is recommend-
ed.
Ms. McCarty moved for approval of the waiver as recommended by
staff, seconded by Dr. Alperin.
Glenn Harris, representing Peacock and Lewis Architects, stated
a request for the waiver of sidewalks on 22nd Street and Swinton was
based on the fact that the sidewalks go nowhere.
Mr. Kovacs stated that, since the staff report was submitted to
the Commission, the site has been revisited and it has been recommended
that the sidewalk not be installed on the west side of Swinton where the
parking lot is located. Where there is an existing walk abutting the
pavement, it is recommended that the walk be removed and a new walk
installed five feet further west. The area between the sidewalk and the
travel lane of the pavement could then be sodded.
Ms. McCarty amended her motion to include Mr. Kovacs remarks,
Dr. Alperin amended his second.
Mr. An drews expressed the feeling that a sidewalk is needed
both on Swinton Avenue and 22nd Street.
Mr. Harris stated there is a sidewalk along the east side of
Swinton Avenue and their request was to install a sidewalk along the
northern third of Swinton Avenue. The sidewalk along 22nd Street really
goes nowhere, but. they would propose allowing the Church to provide this
sidewalk at some future time when it would be more meaningful to them.
Ms. McCarty withdrew her motion, Dr. Alperin withdrew his
second.
Mr. Andrews moved to deny the waiver of the sidewalk installa-
tion on N.W. 22nd Street, to approve the waiver on the landscaping
change and the waiver of the sidewalk on N.W. 1st Avenue, seconded by
Ms. McCarty. Upon roll call the Commission voted as follows: Mr.
Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - No; Ms. McCarty - Yes;
Dr. Alperin - Yes. Said motion passed with a 4 to 1 vote.
-13- 11/13/90
.
. :, i Digby Bridges, lVlu.. "l:isuciaLcs, P.i\.
II, 121 N.E. !iTI! AVENUE, DELI~AY BE^CII, 1"1.33-183
I 407-278-138~
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12 February 1991 FtB 121991
CITY h.. /.
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Mr. David Harden, r( 0 UFFlCE
City Manager
City of Delray Beach
100 N.W. 1st Street
Delray Beach, Florida 33444
RE: Pleasure Boat Ticket Sales Office and Operations
Burt Handelsman
Dear Mr. Harden:
Please withdraw the above mentioned project from this week's
agenda. We will present it again at a later date when we obtain
further information.
Thank you for your assistance in this matter.
Best regards,
Yours sincerely,
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
I ~
I Digby C. Bridges, A.I.A., R.I.B.A.
I
DCB/sI
CHARTERED ARCHITECTS - PLANNERS - INTERIOR DESIGNERS
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~1
SUBJECT: AGENDA REPORT - MEETING OF FEBRUARY 12, 1991
REQUEST FOR CONDITIONAL USE APPROVAL
DATE: February 5, 1991
We received a request for conditional use approval to establish a
commercial passenger loading area and boat ticket sales office on the
east side of Palm Square just south of East Atlantic Avenue.
Stillwater Sightseeing Cruises is proposing to berth and operate a
boat from the vacant parking lot at 840 E. Atlantic Avenue. The sixty
five foot, double deck, replica steamboat would carry passengers north
and south along the Intracoastal Waterway daily between the hours of
10 a.m. and 3 p.m. Evening cruises would be offered Wednesday
through Saturday from 7 p.m to 10 p.m. Meals (lunch and dinner) will
be available on all cruises. The vessel will berth directly east of
the parking lot and just south of the Canal Street Restaurant. A
gangplank will be provided for boarding and unboarding of passengers.
The Historic Preservation Board at their January 16th meeting
recommended denial of the conditional use request based upon a
consensus that the operation of an excursion boat adjacent to a
residential area (Marina Historic District) was inappropriate. The
Community Redevelopment Agency supported the rezoning and associated
conditional use to extend the parking area. However, they did not
support the boat operation at the proposed location and suggested that
a site north of the Atlantic Avenue Bridge be considered. The
Planning and Zoning Board at their January 28th meeting recommended
approval, ( 6 - 1 vote), subject to conditions. A detailed staff report
is attached as backup material for this item.
Please note that this request should be considered following action on
Ordinance No. 23-91 (rezoning petition) which is on your agenda for
first reading.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: SON MACGREGOR-HARTY, CITY CLERK
i t::D ~ \~ VauucJ-
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FROM: --DA D J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 12, 1991
CONSIDERATION OF CONDITIONAL USE APPROVAL FOR A
COMMERCIAL PASSENGER LOADING AREA AND BOAT TICKET SALES
AND FOR THE USE OF PROPERTY UNDER C.F. ZONING FOR A
PARKING LOT (Marina Historic District)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of two conditional use requests.
One is for expansion of a parking lot onto property which is
to be zoned C.F.
The other is for establishing a commercial passenger loading
area and boat ticket sales for a proposed Intracoastal
excursion boat business.
The parking lot is to be located east of Palm Square
adjacent to residential property. The boat ticket sales
facility is to be located near the rear of the Canal Street
Restaurant on land zoned C.B.D. The boat itself is moored
in the Intracoastal Waterway.
While the requests are for separate and distinct uses, they
are being considered together since it is necessary to have
the parking for on the C.F. property to accommodate demands
generated by the boat operation. However, the parking on
C.F. property can stand alone and is not dependent (as a
land use) upon the boat operation request.
BACKGROUND:
These conditional use requests were submitted concurrently due to
the need to alter the existing parking area in order to provide
adequate traffic circulation for the proposed boat operation.
Please review the attached Planning and Zoning Board staff report
for a complete description of the proposed uses, the concept
design plans for the parking area, and an analysis of the impact
of the proposed uses.
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City Commission Documentation
Consideration of Conditional Use Approval for a
Commercial Passenger Loading Area and Boat Ticket Sales
And for the Use of Propety Under CF Zoning for a
Parking Lot (Marina Historic District)
Page 2
In short, the parking request will allow redesign and expansion
of the existing parking area in a manner which is more functional
and which provides for upgrading required landscaping (internal
and perimeter) and pedestrian circulation.
The boat operation involves the loading of passengers at the
existing seawall. Currently this business oper~tes in a similar
manner in Boynton Beach. Note that there of several concerns
regarding the boat operation within the Intracoastal Waterway.
These concerns are addressed by recommended conditions of
approval which call for various agency approvals prior to final
site plan consideration.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board formally reviewed this item at its
meeting of January 28th at which time a duly noticed public
hearing was held.
There was public opposition to the requested conditional uses.
This opposition was voiced primarily from residents of the Marina
Historic District. A petition in opposition was provided from
residents who lived along MacFarlane Drive (opposite side of the
Intracoastal). There were residents of the area and others who
spoke in support of the request.
Comments included the following:
Bar Harbour Apartments: opposition based upon traffic, noise,
and congestion within the waterway.
Beach Property Owners Association (Elizabeth Matthews) :
opposition based upon noise and concern with the bridge
operations.
Marina Historic District Residents (Mrs. Riley, Mrs. Stewart, Mr.
Roberts, Mr. Nagy, Mr. Scanlon, Mr. Miller, Ms. Smith) opposition
based upon items such as the parking situation, that the use
would not add to the area, incompatible use and noise. Also, Ms.
Randall;) resident east of the Intracoastal and shop owner. on
Atlantis spoke in opposition.
James Bowen felt that Corps of Engineer and other approvals
should be received prior to conditional use consideration.
Marina Historic District Residents (Ms. Turner, Mr. Rabb) spoke
in support. Also, Mrs. Bacarr~resident east of the Intracoastal.>
spoke in support.
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City Commission Documentation
Consideration of Conditional Use Approval for a
Commercial Passenger Loading Area and Boat Ticket Sales
And for the Use of Propety Under CF Zoning for a
Parking Lot (Marina Historic District)
Page 3
Dominic A. De Ponte, Marine Way resident, provide a letter in
which he claims that the process and application of the code is
illegal. His letter(s) are attached. The Planning and Zoning
Board considered his positions prior to their action. The City
Attorney will be prepared to comment on Mr. De Ponte's position.
Please refer to the documentation provided for the rezoning
action for further comments.
Following review of the staff report, hearing from the applicant,
considering the above referenced testimony and considering the
recommendation of other advisory bodies, the Planning and Zoning
Board, on a 6-1 vote (Naron dissenting), recommended approval of
both requests, subject to conditions. The conditions are shown
on page 8 of the Staff Report. They were modified as follows:
Item b: specifically citing Scheme B (Sketch Plan)
Item m: add: that the applicant make a reasonable good
faith effort and take the necessary steps to have
the left turn restriction from Palm Square onto
Atlantic removed.
REVIEW AND RECOMMENDATIONS BY OTHER ADVISORY BOARDS:
Historic Preservation Board: Opposition to the request for the
boat operation with a consensus that that an excursion boat was a
suitable commercial venture to attract people to downtown Delray
Beach but that its proposed location, adjacent to a residential
area within the Marina Historic District, was inappropriate. The
Board did support the rezoning and conditional use request for
the expansion of the parking area.
Community Redevelopment Agency: Support for the expansion of the
parking area. opposition to the boat use. Suggested that the
boat operation be conducted north of the bridge and that it be
considered as a part of the Veteran's Park project.
Downtown Development Authority: Consensus to allow the rezoning
and the proposed uses. suggestion to mitigate traffic and
parking concerns was to consider that, in conjunction with the
Veteran's Park project, a walkway should go under the Atlantic
Avenue bridge; thus allowing the boat to load and unload north of
the bridge in the evening hours and also to filter some of the
parking to the public lot at Veterans Park.
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City Commission Documentation
Consideration of Conditional Use Approval for a
Commercial Passenger Loading Area and Boat Ticket Sales
And for the Use of Propety Under CF zoning for a
Parking Lot (Marina Historic District)
Page 4
ALTERNATIVE COURSE OF ACTION:
Since conditional use approvals for either use cannot be
effective until such time as the rezoning (RM to CF) is
effective, the Commission may opt to withhold its decision until
completion of the hearing process on the associated rezoning
(February 26th). Alternatively, both requests can be acted upon
with an additional condition that they not be effective until the
C.F. rezoning is in place.
In either event, the City Commission should take testimony at
this time. If the Commission is not supportive of the
conditional use for the boat operation, it is appropriate to deny
it at this time.
RECOMMENDED ACTION:
By motion, approval of both conditional use requests (expansion
of parking onto property under C.F. zoning) (excursion boat
operation and passenger loading area) pursuant to the
recommendation of the Planning and Zoning Board.
Attachment:
* P&Z Staff Report & Documentation of January 28th for both
the rezoning and the conditional use requests.
* Letters from Dominic De Ponte.
DJK#77/CCBOAT.TXT
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a Rezoning of Lots 58 and 91 from RM to CF. The property is
located south of Atlantic Avenue, east of Palm Square and west of
the Intracoastal Waterways.
BACKGROUND:
The subject of future use of these Lots was before the Board at
its meeting on November 17, 1990, when there was a determination
of similarity of use relative to a Commercial Boat Landing. It
was determined that the use is similar to other uses such as
restaurants and places of assembly for commercial entertainment
purposes. Because of its unique character, the Board also
determined that it be allowed as a conditional use.
At the same meeting, the parking issue was discussed. Pursuant
to 4.4.13(G)(1) the CBD parking requirement of 1 space per 300
sq. ft. would apply. The Board felt that since this use was
unique in nature, that no additional formal parking requirements
should be established, however at time of site plan approval they
would be looking for more than the required 10 parking spaces.
The subject lots were to be a part of the new parking area.
June 1986, the subject property was discussed as an additional
parking area for the Patio Delray. When the Patio Delray was in
for Conditional Use and Site Plan approval, the Planning and
Zoning Board determined that there were 14 parking spaces
required in addition to those at the exact location of building.
The subject site parking was discussed among the Downtown
Development Authority, the Community Redevelopment Agency and the
owners of the property. A proposal was put forward that the City
would buy the parking lot and the Patio Delray would pay for the
improvements of the 14 spaces. However, when the petition went
to City Council, no mention was made of the proposal and nothing
was pursued following that.
With the additional parking, as related to the Patio Delray, it
should be noted that the residents in the surrounding
neighborhoods had concerns with traffic which would travel
through their neighborhood.
PROJECT DESCRIPTION:
The associated development proposal is to construct a boat sales
ticket office with an attendant parking lot. The boat will take
pleasure cruises on the Intracoastal Waterways. It is the intent
of the owner to provide 31 parking spaces specifically for the
boat. The parking is to be developed in conjunction with the
Bridge Restaurant lot to the north At present, that parking lot
.
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 2
has 40 spaces. The Bridge Restaurant is requesting a 980 sq. ft.
deck expansion. The expansion requires 4 additional parking
spaces. In total 75 parking spaces are to be provided. It is
necessary to rezone lots 58 and 91 to CF in order to use the
property as a parking lot. The current zoning RM precludes such
use.
ZONING ANALYSIS:
This parcel is currently zoned RM. The surrounding zoning is
CBD to the north and northwest, to the east the parcel abuts the
Intracoastal Waterways and to the south RM. Immediately to the
west there are lots zoned RM which are in a similar situation
( ie. parking potential only).
Pursuant to Section 4.4.21(A), the Community Facilities (CF)
District is a special purpose zone district primarily intended
for facilities which serve the public and semi-public purposes.
Pursuant to Section 4.4.21(C)(8), privately operated parking lots
and garages are allowed as a Conditional Use.
Another way to zone this property is CBD. In order to zone the
property CBD, it would take a change to the Future Land use Map,
as the existing designation is Medium Residential and would need
to be changed to Commercial Core. With this scenario, there
would be no guarantees that a commercial building, would not, in
fact, be built at some point in the future.
The applicant has chosen the option of zoning the property CF, as
CF is deemed compatible with all Zoning designations shown on the
Zoning Map and would not require a change in the Land Use Plan.
REQUIRED FINDINGS: (Section 2.4.5(D))
Pursuant to Section 2.4.5 (D)(1), a justification statement
of the reasons for which the change is being sought must
accompany all rezoning requests. The code further
identifies certain valid reasons for approving the change
being sought. These reasons include the following:
* That the zoning had previously been changed, or was
originally established, in error;
* That there has been a change in circumstance which
makes the current zoning inappropriate;
* That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
IlOre appropriate for the property based upon
circumstances particular to the site andlor
neighborhood.
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P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 3
Pursuant to s~ction 2.4.5(d)(S), the City Commission is
required to make a finding that the petition will fulfil one
of these reasons.
The applicant submitted a justification statement which states
the following:
"Under the previous zoning, the two lots 58 and 9l were zoned
RM10 and under the previous zoning code Section 173.771 location
of off-street parking spaces, (7)(b) "Within the the GC, SC, LC,
and CBD, all or part of the off-street parking spaces may be
located on an off-site parking area which has an RMIO, RH, or
RM15 zoning districts, such site shall be subject to conditional
use approval. However, if the parking is located on a
residential, currently existing, conditionally approved or
permitted parking area pursuant to a variance, then conditional
use approval will not be required. Such parking shall also be
subject to the conditions of division (7)(c). A means of
pedestrian access from the off-site parking area to the principal
building or use shall be provided.
The above provision is not included in the new LDR's which
effectively renders these two lots of land useless. Lastly, the
rezoning to CF and ultimately to CBD will allow the lots and
adjoining lots to be developed with the best interest to the
Ci ty. "
Comment: The rezoning to CF instead of a conditional use with a
residential district allows the same result. In both the current
situation and pre-LDR situation, conditional use approval is
required for the parking function.
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).
Pursuant to 4.4.21 (A) The CF District is deemed compatible with
all land use designations shown on the Future Land Use Map.
.
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 4
Consistency:
Compliance with the performance standards set forth in
Section 3.3.2 along with the required findings in Section
2.4.5 shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies
found in the adopted Comprehensive Plan may be used in
making of a finding of overall consistency. The applicable
performance standards of Section 3.3.2 and other policies
which apply are as follows:
A) That a rezoning to other than CF within stable
residential area shall be denied. (Housing element
A2.4)
The development proposal meets this requirement.
B) That the rezoning shall result in allowing land uses
which are deemed compatible with adjacent and nearby
land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations
exist to properly mitigate adverse impacts from the new
use.
Pursuant to Section 4.6.4(E), where a CF zone district is
adjacent to a residential district, a special district boundary
treatment is required. A landscaped setback of 10' and either a
six foot solid masonry wall or continuous hedge at least 4 1/2'
in height is required. The attendant sketch plan indicates that
a la' landscape setback be provided along with a 6' solid wall.
This helps to mitigate the commercial aspect of a parking lot
adjacent to a residential neighborhood.
Land Use Element:
Objective A-I: Vacant property shall be developed in a
manner so that the future use and intensity is appropriate
and complies in te rms of soil, topographic, and other
applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
(bl, b3)
This proposal can be considered to be complimentary to adjacent
uses. However, the additional parking could negatively effect
the surrounding neighborhoods.
Land Use Element:
POlicy A-3.3: Proposed development shall accommodate
required open space as provided for under Policy B 2.5 of
the Conservation Element and/or Policy B-1.4 of the Open
Space and Recreation Element. (See following)
" .
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 5
Conservation Element:
Policy B-2.5: Whenever new development or redevelopment is
proposed along a waterway, a canal, an environmentally
sensitive area, or an area identified via Policy B-2.1, an
area equivalent to at least 10% of the total area of the
development shall be set aside in an undisturbed state; or
25% of native communities shall be retained pursuant to
TCRPC Policy 10.2.2.2. This policy shall be implemented as
a part of the development review process. (b3)
The 10% requirement (undisturbed state) would not apply; however
pursuant to 4.3.4(K) 25% of this parcel is required to be
provided in non-vehicular open space.
REVIEW BY OTHERS:
DOWNTOWN DEVELOPMENT AUTHORITY:
At its meeting of January 7, 1991, the Downtown Development
Authority discussed this petition. The general consensus was to
allow the rezoning and use of the property. The Board did discuss
the associated traffic issue. One suggestion to mitigate the
traffic problem was to request, that in conjunction with the
redevelopment of Veterans Park, that a walkway should go under
the Atlantic Avenue bridge. This could possibly allow the boat
to load and unload in the evening hours north of the bridge and
filter some of the parking to the public lot at Veterans park.
Staff Note: The concept of a walkway under the Atlantic Avenue
bridge is not consistent with the Comprehensive Plan.
HISTORIC PRESERVATION BOARD:
At its meeting of January 16, 1991, the Historic Preservation
Board discussed this petition. The Board was in favor of the
rezoning to allow additional parking in the downtown area.
When the Patio Oelray Restaurant site is developed additional
parking would be a necessity.
COMMUNITY REDEVELOPMElft AGENCY:
At its meeting of January l4, the Community Redevelopment Agency
discussed this petition. At the time, no information was
available regarding the use items (ie. hours of operation, how
many boats, etc. ) , therefore the item was discussed in general.
The Board requested more information prior to a formal
recommendation.
I
PLANN'I NG 8 ZON I NG BOARD
. --- STAFF REPORT
- --
CITY OF OELRAY BEACH kcu frS
MEET ING rnTE: JANUARY 28, 1991 Sa. C~ tw\ I..U<.
AGEf\m ITEM: II I. B. ~ c1k Iuf ~
REZONING FROM RM TO CF ON APPROXIMATELY 0.13 ACRES IN ORDER TO ACCOMMODATE
ITEM: PARKING FOR COMMERCIAL USES. THE AREA IS LOCATED BETWEEN COMMERCIAL ZONING
AND RESIDENTIAL ZONING ON THE EAST SIDE OF PALM SQUARE, SOUTH OF ATL~~llC AVE.
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GENERAL DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . .Coastal Properties
Gedney Station, New York
Agent...........................Digby C. Bridges
Location........................On the east side of Palm Street,
just South of East Atlantic
Avenue.
Property Size...................O.1388 Acres
City Land Use Plan..............Medium Density 5-12 du/acre
City Zoning.....................RM (Residential Medium)
Adjacent Zoning.................North and West of the subject
property is zoned CBD (Central
Business District). South of the
subject property is zoned RM
(Residential Medium), and the
Eastern border abuts the
Intracoastal Waterway.
Existing Land Use...............Vacant
Proposed Zoning.................CF (Community Facilities) for a
parking lot.
Water Service...................2" water main ~along Palm
Street.
Sewer Service...................8" sanitary sewer line along Palm
Street.
ITEM : III. B.
.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a Rezoning of Lots 58 and 91 from RM to CF. The property is
located south of Atlantic Avenue, east of Palm Square and west of
the Intracoastal waterways.
BACKGROUND:
The subject of future use of these Lots was before the Board at
its meeting on November 17, 1990, when there was a determination
of similarity of use relative to a Commercial Boat Landing. It
was determined that the use is similar to other uses such as
restaurants and places of assembly for commercial entertainment
purposes. Because of its unique character, the Board also
determined that it be allowed as a conditional use.
At the same meeting, the parking issue was discussed. Pursuant
to 4.4.13(G)(1) the CBD parking requirement of 1 space per 300
sq. ft. would apply. The Board felt that since this use was
unique in nature, that no additional formal parking requirements
should be established, however at time of site plan approval they
would be looking for more than the required 10 parking spaces.
The subject lots were to be a part of the new parking area.
June 1986, the subject property was discussed as an additional
parking area for the Patio Delray. When the Patio Delray was in
for Conditional Use and Site Plan approval, the Planning and
Zoning Board determined that there were 14 parking spaces
required in addition to those at the exact location of building.
The subject site parking was discussed among the Downtown
Development Authority, the Community Redevelopment Agency and the
owners of the property. A proposal was put forward that the City
would buy the parking lot and the Patio Delray would pay for the
improvements of the 14 spaces. However, when the petition went
to City Council, no mention was made of the proposal and nothing
was pursued following that.
With the additional parking, as related to the Patio Delray, it
should be noted that the residents in the surrounding
neighborhoods had concerns with traffic which would travel
through their neighborhood.
PROJECT DESCRIPTION:
The associated development proposal is to construct a boat sales
ticket office with an attendant parking lot. The boat will take
pleasure cruises on the Intracoastal Waterways. It is the intent
of the owner to provide 31 parking spaces specifically for the
boat. The parking is to be developed in conjunction with the
Bridge Restaurant lot to the north At present, that parking lot
.
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 2
has 40 spaces. The Bridge Restaurant is requesting a 980 sq. ft.
deck expansion. The expansion requires 4 additional parking
spaces. In total 75 parking spaces are to be provided. It is
necessary to rezone lots 58 and 91 to CF in order to use the
property as a parking lot. The current zoning RM precludes such
use.
ZONING ANALYSIS:
This parcel is currently zoned RM. The surrounding zoning is
caD to the north and northwest, to the east the parcel abuts the
Intracoastal Waterways and to the south RM. Immediately to the
west there are lots zoned RM which are in a similar situation
(ie. parking potential only).
Pursuant to Section 4.4.21(A), the Community Facilities (CF)
District is a special purpose zone district primarily intended
for facilities which serve the public and semi-public purposes.
Pursuant to Section 4.4.2l(C)(8), privately operated parking lots
and garages are allowed as a Conditional Use.
Another way to zone this property is CBO. In order to zone the
property CBO, it would take a change to the Future Land use Map,
as the existing designation is Medium Residential and would need
to be changed to Commercial Core. With this scenario, there
would be no guarantees that a commercial building, would not, in
fact, be built at some point in the future.
The applicant has chosen the option of zoning the property CF, as
CF is deemed compatible with all Zoning designations shown on the
Zoning Map and would not require a change in the Land Use Plan.
REQUIRED FINDINGS: (Section 2.4.5(0))
Pursuant to Section 2.4.5 (0)(1), a justification statement
of the reasons for which the change is being sought must
accompany all rezoning requests. The code further
identifies certain valid reasons for approving the change
being sought. These reasons include the following:
* That the zoning had previously been changed, or was
originally established, in error;
* That there has been a change in circumstance which
makes the current zoning inappropriate;
* That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
~ appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
~ .
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 3
Pursuant to S~ction 2.4.5(d)(5), the City Commission is,
required to make a finding that the petition will fulfil one
of these reasons.
The applicant submitted a justification statement which states
the following:
"Under the previous zoning, the two lots 58 and 91 were zoned
RMI0 and under the previous zoning code Section 173.771 location
of off-street parking spaces, (7) (b) "Within the the GC, SC, LC,
and CBO, all or part of the off-street parking spaces may be
located on an off-site parking area which has an RMIO, RH, or
RM15 zoning districts, such site shall be subject to conditional
use approval. However, if the parking is located on a
residential, currently existing, conditionally approved or
permitted parking area pursuant to a variance, then conditional
use approval will not be required. Such parking shall also be
subject to the conditions of division (7)(c). A means of
pedestrian access from the off-site parking area to the principal
building or use shall be provided.
The above provision is not included in the new LOR's which
effectively renders these two lots of land useless. Lastly, the
rezoning to CF and ultimately to CaD will allow the lots and
adjoining lots to be developed with the best interest to the
City."
Comment: The rezoning to CF instead of a conditional use with a
residential district allows the same result. In both the current
situation and pre-LOR situation, conditional use approval is
required for the parking function.
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).
Pursuant to 4.4.21 (A) The CF District is deemed compatible with
all land use designations shown on the Future Land Use Map.
.
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 4
Consistency:
Compliance with the performance standards set forth in
Section 3.3.2 along with the required findings in Section
2.4.5 shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies
found in the adopted Comprehensive Plan may be used in
making of a finding of overall consistency. The applicable
performance standards of Section 3.3.2 and other policies
which apply are as follows:
A) That a rezoning to other than CF within stable
residential area shall be denied. (Housing element
A2.4)
The development proposal meets this requirement.
B) That the rezoning shall result in allowing land uses
which are deemed compatible with adjacent and nearby
land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations
exist to properly mitigate adverse impacts from the new
use.
Pursuant to Section 4.6.4(E), where a CF zone district is
adjacent to a residential district, a special district boundary
treatment is required. A landscaped setback of 10' and either a
six foot solid masonry wall or continuous hedge at least 4 1/2'
in height is required. The attendant sketch plan indicates that
a 10' landscape setback be provided along with a 6' solid wall.
This helps to mitigate the commercial aspect of a parking lot
adjacent to a residential neighborhood.
Land Use Element:
Objective A-I: Vacant property shall be developed in a
manner so that the future use and intensity is appropriate
and complies in terms of soil, topographic, and other
applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
(bl, b3)
This proposal can be considered to be complimentary to adjacent
uses. However, the additional parking could negatively effect
the surrounding neighborhoods.
Land Use Element:
POlicy A-3.3: Proposed development shall accommodate
required open space as provided for under Policy 8 2.5 of
the Conservation Element and/or Policy 8-1.4 of the Open
Space and Recreation Element. (See following)
,
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 5
Conservation Element:
Policy B-2.5: Whenever new development or redevelopment is
proposed along a waterway, a canal, an environmentally
sensitive area, or an area identified via Policy B-2.l, an
area equivalent to at least 10% of the total area of the
development shall be set aside in an undisturbed state; or
25% of native communities shall be retained pursuant to
TCRPC Policy 10.2.2.2. This policy shall be implemented as
a part of the development review process. (b3)
The 10% requirement (undisturbed state) would not apply; however
pursuant to 4.3.4(K) 25% of this parcel is required to be
provided in non-vehicular open space.
REVIEW BY OTHERS:
DOWNTOWN DEVELOPMENT AUTHORITY:
At its meeting of January 7 , 1991, the Downtown Development
Authority discussed this petition. The general consensus was to
allow the rezoning and use of the property. The Board did discuss
the associated traffic issue. One suggestion to mitigate the
traffic problem was to request, that in conjunction with the
redevelopment of Veterans Park, that a walkway should go under
the Atlantic Avenue bridge. This could possibly allow the boat
to load and unload in the evening hours north of the bridge and
filter some of the parking to the public lot at Veterans park.
Staff Note: The concept of a walkway under the Atlantic Avenue
bridge is not consistent with the Comprehensive Plan.
HISTORIC PRESERVATION BOARD:
At its meeting of January 16, 1991, the Historic Preservation
Board discussed this petition. The Board was in favor of the
rezoning to allow additional parking in the downtown area.
When the Patio Delray Restaurant site is developed additional
parking would be a necessity.
COMMUNITY REDEVELOPMEIft AGENCY:
At its meeting of January 14, the Community Redevelopment Agency
discussed this petition. At the time, no information was
available regarding the use items (ie. hours of operation, how
many boats, etc. ) , therefore the item was discussed in general.
The Board requested more information prior to a formal
recommendation.
I
. P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 6
ASSESSMENT AND CONCLUSIONS:
Pursuant to Chapter 3, it clearly states that CF is the only
rezoning to occur in a stabilized residential area. By zoning to
CF, it controls the type of use and insures that a commercial
building is not constructed in proximity to the existing
residential units to the south. The issue, at hand, with respect
to Lots 58 and 91 is whether they should remain as RM and not be
usable (substandard RM lots and substandard frontage) or be zoned
so they can be integrated into the commercial property to the
north.
ALTERNATIVES:
A. Continue with direction.
B. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Chapter 3
(Performance Standards), and that pursuant to Section
2.4.5(0)(5) the rezoning fails to fulfill at least one of
the reasons listed under Subsection 2.
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(0)(5).
STAFF RECOMMENDATION:
Recommend approval of the request based upon positive findings
with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive plan.
REF:#3/A:BOAT4.TXT
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.
LANN'I N'G 8 ZON I NG BOARD
. - -- STAFF REPORT - --
I -ry OF OELRAY BEACH
MEETING rnTE: JANUARY 28. 1991
AGEN:l1 ITEM: IILC.
CONDITIONAL USE CONSIDERATION TO ESTABLISH A COMMERCIAL PASSENGER LOADING AREA
ITEM: AND BOAT TICKET SALES IN CONJUNCTION WITH THE BOYD TICKET SALES IN CONJUNCTION
WITH THE BOYD BUILDING COMMERCIAL AREA.
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.
ENERAL DATA:
OWner...........................Coa.tal Properti..
Gedney Station, New York
Agent. . . . . . . , . . , . . . . . . . , . . . . . . . . Digby C. Brldg..
Locatlon......,...,......,......On the .a.t .id. of Pal. Str..t,
ju.t South of Ea.t Atlantic
Av.nu..
.
Property Siz.....,...,.........,O.387 Acr..
City Land Us. Plan....,.........M.diwa Den.ity 5-12 du/acr. and
COIlllll.rcl.1 Cor..
Clty Zonlng.,...............,...RM (R..ld.nti.l Medium) .nd CBD
(C.ntr.l Bu.ln... Dl.trlct)
Adjac.nt Zonlng................,North .nd W..t of the .ubj.ct
property 1. zoned CID (C.ntr.l
Bu.ln... Dl.trict). South of the
.ubject property 1. zoned RM
(R..ld.nti.l Medlwa), .nd the
o Ea.t.rn bord.r .buts the
Intr.co..t.l W.t.rw.y.
Exlstlng Land U............"...V.c.nt
Proposed Land U.....,.......,...&oat Tlck.t S.l.. Offic.
Water Servlc....................2.. wat.r ..In .long P.la Str..t,
th.t turn. ...t, .nd run. .long
the Morth bord.r of the .ubj.ct
property, .nd turn. South .nd
run. the 1.ngth of the .a.t.rn
bord.r,
Sew.r S.rvlc....................8" ..nit.ry .ew.r 11n. .10ng P.1. III .C.
str..t,
" .
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a Conditional Use request to allow a commercial boat landing
facilities with an attendant parking lot. The use of the boat
facilities is allowable under 4.4.13(0) while a portion of the
parking lot is allowable under 4,4.21(d).
The subject property is located south of Atlantic Avenue, east of
Palm Square and west of the Intracoastal Waterways. It is in the
Marina Historic District.
BACKGROUND:
See discussion in rezoning request.
PROJECT DESCRIPTION:
The Stillwater sightseeing cruises will berth and operate one
boat with the capacity of 150 passengers. The vessel will carry
passengers everyday for sightseeing cruises with lunch. The
vessel will leave at 10:00 a.m. and return at 3:00 p.m.. The
boat may operate a dinner cruise Wednesday through Saturday. The
dinner cruise will leave at 7:00 p.m. and return at 10:00 p.m..
The food shall be supplied by the "Canal Street Restaurant" or by
an outside caterer.
The vessel shall berth south of the bridge with the port side
against fenders along the seawall. The vessel will have it's own
gangplank for boarding and un-boarding of passengers. A dock
would not be necessary for this type of operation.
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).
Attendant parking lots are allowed as an accessory use to a
commercial building. In this case, the boat ticket office.
I
, P&Z Staff Report
Boat Ticket Sales
Page 2
Parking lots are allowed as a conditional use in the CF zone
district. If the property is rezoned, the use is consistent with
the Zoning District and the Future Land Use Map.
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. 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:
* 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
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:
To date no water and sewer plans have been submitted, however the
following is noted:
Water service exists to the site via a 2" main located on the
east side of Palm Square. The main extends from S.E. 1st Street
and stops 100' south of Atlantic Avenue. The 2" main is not
sufficient to provide domestic water or for fire suppression,
therefore requiring the upgrading of the main.
It will be required that a fire hydrant be installed at the S.E.
corner of Palm Square and Atlantic Avenue and an additional fire
hydrant or stand pipe be located in the parking lot to service
the boat and ticket sales office. At a minimum the code requires
that a fire hydrant be located every 300' of road travel.
In order to accommodate the fire hydrant, the 2" main along Palm
Square will need to be upgraded to a 8" line tied to the existing
main on the north side of Atlantic Avenue, thus looping the
system. This will require a jack and bore permit.
Policy A-4.4, Capital Improvement Element, states that all new
development shall be required to extend public utilities for
water, sewer and drainage to the furthest portions of the
property which is being developed.
Policy C-4.3, Public Facilities Element, states that all new
development shall be responsible for extending water service to
and through the land to be developed.
... .
P&Z Staff Report
Boat Ticket Sales
Page 3
By upgrading the main, tieing it to Atlantic Avenue, these
policies will have been met.
Sewer:
Sewer is available to the site via Palm Square.
Drainaqe:
The improved parking lot will be designed properly in order to
handle the drainage and to insure that all retention shall be
maintained on site. There is however, a potential that this lot
may flood in high tides,
Streets and Traffic:
A traffic statement was submitted. The project generates a total
of 450 ADT on the surrounding roadway network. County Ordinance
90-6 (TPS, Interim) is complied with in that the proposal
generates fewer than 500 net trips, thus a full traffic study is
not required. However, the statement does not address two major
issues which impact the area.
The report does not address the ultimate right-of-way of 60' and
the left turn restriction on Atlantic Avenue. The left turn
restriction has a major impact to Palm Square and the
neighborhood to the south. The Planning staff reviewed the
report and concluded that the existence of a prohibition of left
turns onto Atlantic forces exiting traffic through the Marina
Historic District. This situation will occur with whatever
commercial use is made of vacant property in the are. The report
has been forwarded to the City Engineer for further review,
however no response has been received to date.
Parks and Open Space:
Pursuant to Section 4.3.4{K) 25' of the parcel is required to be
provided in non-vehicular open space. the accompany concept plan
submittal shows in excess of 30' in non-vehicular open space.
Solid Waste:
One dumpster is provide by the Canal Street Restaurant. No
dumpster is provided specifically for the boat and ticket sales
office. Documentation from Waste Management that one dumpster is
sufficient to handle both operations is required prior to site
plan approval. A dumpster will not be allowed dockside since that
land is not privately owned. It appears that more dumpster
capacity will be required and this situation will necessitate
further changes to the concept plan.
,
P&Z Staff Report
Boat Ticket Sales
Page 4
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 of a finding of overall
consistency.
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following was found:
Land Use Element:
Objective C-4 - The Central Business District (CBD) represents
the essence of what is Delray Beach 1. e. a "village like,
community by the sea". The continued revitalization of the CBD
is essential to achieving the overall theme of the City's
Comprehensive Plan of "A City Set Apart in south Florida".
Policy C-4.1 - The CBD regulations shall be amended to more
closely fit the desired character of the CBD and to facilitate
and encourage rehabilitation and revitalization.
* accommodation of parking needs through innovative actions
* incentives for dinner theaters, playhouses, and other family
oriented activities
Coastal Manaqement Element:
Objective B-2 - The value of Historic Preservation to Economic
Development is recognized and shall be a component of economic
development programs throughout the City. With respect to the
Coastal Zone, this relationship shall be achieved through the
following policy:
Policy B-2.1 - The Marina Historic District shall embrace
principles of historic preservation and economic development in a
sensitive and blending manner.
Objective C-2 - The newly established Marina Historic District
shall be redeveloped with a sympathetic blending of the demands
of economic development and historic preservation. This
objective shall be met by the inclusion of the following policies
in any plan or program for redevelopment:
Policy C-2.1 - Any such program shall be developed with the
active participation of both the Historic Preservation Board and
the Community Redevelopment Agency.
Policy C-2.3 - That part of the District nearest to Atlantic
Avenue (north portion) shall be redeveloped in a manner which
while keeping within existing character shall provide for a
," .
P&Z Staff Report
Boat Ticket Sales
Page 5
transition in design and intensity and type of use to the
commercial character of the Central Business District.
Policy C-3.1 - Remaining, isolated infill lots shall be developed
under zoning which is identical or similar to the zoning of
adjacent properties; and, the resulting development shall be of a
design and intensity which is similar to the adjacent
development.
The development proposal appears to provide and achieve the
objectives and policies outlined in the Comprehensive plan.
Compliance with Land Development Regulations:
The proposed use is in compliance with the Land Development
Regulations if the rezoning is approved. If the Conditional Use
is approved, a full site plan submittal will be reviewed by the
Historic Preservation Board. The proposed site plan must comply
with the LOR's.
Along with the Conditional Use request there is a Sketch Plan. It
is appropriate at this time to bring the following LOR
Requirements to the attention of the applicant:
* An additional 10' of dedication will be required along Palm
Square to meet the local (Commercial) standard of 60'
right-of-way. A reduction in the required right-of-way
width may be granted by the body having the approval and
pursuant to Section 5.3.1(0)(4). Justification will need to
be addressed as a portion of the Traffic Study/Statement and
the City Engineer must be in agreement. Within the 60'
section a 5' sidewalk is required from the south property
line to Atlantic Avenue.
* Per Section 4.6.16(E)(3) landscape islands are required to
be minimum of 5' in width exclusive of the curb width.
There are two site plans which have been submitted. Scheme A
shows the landscape islands to be 5 ' inclusive of the curbs and
no right-of-way dedication or sidewalk, thus provides 75 parking
spaces. Scheme B provides for the 5' landscape islands exclusive
of the curbs and a 5' sidewalk interior to the site without
right-Of-way dedication, it only provides 71 parking spaces.
The Board should give some direction to the Applicant and
Historic Preservation Board on which scheme (A or B) you would be
in support of? The question becomes of whether or not the
Applicant should request relief from these items in order to
accommodate more parking.
* Since the specific use request involves an integration of
existing commercial uses and new development, the totality
.
P&Z Staff Report
Boat Ticket Sales
Page 6
of all the property should be designed, up-graded, and
replatted.
* The Board determined that it was not necessary to establish
parking requirements specifically for this use since in the
CBD, there is a standard requirement of 1 parking space
for each 300 sq. ft. of floor area. Ten ( 10) spaces are
required, however more than 30 are provided and allocated to
the boat use.
* Another problem to be addressed is that of lading' supplies
and disposing of waste (trash and sewage). In either case,
the property adjacent the seawall cannot be used as it is
not under private ownership.
* There are concerns regarding the permitting of the boat
operations. The applicant stated that no permitting was
necessary, However, with the boat moored against the seawall
the following concerns arise:
- The boat will berth south of the bridge. This location
is likely in a constricted channel section with a
relatively swift current. We question whether the
operation can be carried out without additional mooring
aids, such as dolphins.
- The boat may be large enough to constitute a
navigational hazard at this location.
- Water depth at this location is unknown so there is a
concern that the boat may not have sufficient depth,
even at mean low water, to operate as proposed.
- The seawall appears to be in a deteriorated condition.
This operation may accelerate seawall deterioration or
cause it to collapse.
- If the boat plans to hold against the seawall with
engine power, prop wash may disturb the bottom. If
there are sea grasses here, there could be an
environmental problem. If prop wash makes a hole in
the bottom, it is considered illegal dredging.
In order to completely assess this proposal, the Applicant should
be required, prior to site plan considerations, to submit the
following:
1. Cross sections of the waterway to assess water depth and
channel location.
2. An Engineer's certification that the seawall 1s stable
enough to withstand this operation without further
deterioration.
."
P&Z staff Report
Boat Ticket Sales
Page 7
3. In addition, the operator may need to file a "notice to
Mariners" with the Coast Guard.
REQUIRED FINDINGS: (Section 2.4.5(E))
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.
With the additional parking in the CBD area, it helps to mitigate
the perceived shortage of parking in the downtown area and helps
to keep cars from parking in the surrounding neighborhoods.
The major concern is that of traffic which will be generated on
Palm Square. At Atlantic Avenue there is a right hand turn only
sign. Which means anyone leaving the parking lot to head west
on Atlantic, will have to travel through the neighborhoods and
would not have direct access to a major thoroughfare.
REVIEW BY OTHERS:
HISTORIC PRESERVATION BOARD:
At its meeting of January 17, 1991, The Historic Preservation
Board discussed the use issue. The Board recommended that the
conditional use request be denied. It was a consensus that an
excursion boat was a suitable commercial venture to attract
people to downtown Delray but that its location, adjacent to a
residential area within the Marina Historic District, was
inappropriate.
Two letters of opposition were submitted and are attached for
review.
COMMUHITY REDEVELOPMENT AGENCY:
The Community Redevelopment Agency wanted additional information
prior to a recommendation. Its recommendation should be available
at the meeting.
ASSESSMENT AND CONCLUSIONS:
It was determined by the Planning and Zoning Board that a
Commercial Boat Landing is similar to the uses allowed in the
CBD. It fulfills the policies outlined in the Comprehensive Plan
under the Land Use Element for the Central Business District.
I
.
P&Z Staff Report
Boat Ticket Sales
Page 8
The central issue upon which the decision must be made deals with
the future use of any or all of the undeveloped land on either
side of Palm Square. Any use of the land will create traffic
which will go south on Palm Square. A public parking lot would
have similar impacts. Even a City park with attendant parking
would have such impacts.
Associated issues such as loading of supplies, disposal of wastes
and the gathering of crowds may create undesirable neighborhood
impacts. These items could be mitigated through site design.
ALTERNATIVES:
1- Continue with direction.
2. Recommend approval of the conditional use requests for a
commercial boat landing in the caD and a parking lot under
CF zoning.
3 . Deny the Conditional Use request based on not being able to
make a positive finding pursuant to Section 2.4.5(E)(5)
findings (incompatibility).
STAFF RECOMMENDATION:
Recommend approval of the conditional use requests 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) with the following
conditions:
a. Up-grade of existing parking lot
b. Site plan to reflect the sketch plan of January 15,
1991 - <--;c \.~ ~
c. Platting of the contiguous Handlesman holdings into a
single parcel, or if multiple parcels that appropriate
access and utility easements be provided.
d. That boat operations be limited so that there is at
least a two hour period between passenger loading and
unloading
e. That there shall be no loading vehicle use of Marina
Way north of S.E. 1st Street.
f. Concurrent with the site plan submission for the
passenger loading use and ticket sales office,
documentation must be provided from the Army Corps of
Engineers, regarding mooring and loading operations.
,"
P&Z Staff Report
Boat Ticket Sales
Page 9
g. That current with the site plan submission for the
passenger loading use and ticket sales office,
documentations must be provided under the seal of a
registered engineer to the effect that the proposed
mooring and loading operations will be acceptable with
out damage to the seawall.
h. That the parking lot improvements may proceed
independently of the ticket sales and boat use.
i. That as part of the site plan submittal detailed
information be provided as to trash volumes and the
ability of Waste Management to piCk-up such trash in a
timely manner, how the disposal of sewage from the boat
be handled, how drainage will be handled with the
potential of the parking area flooding.
j . That as a part of the site plan submittal detailed
information be provided as how the utilities will be
handled (ie. water main, fire hydrant).
k. That a landscape plan accompany the site plan to show
mitigation of the south boundary treatment.
1- That information requested on page 6 of the report, as
it pertains to boat operations, be provided prior to
site plan submission.
. .
.,. ..
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Attachments:
Attendant site plan scheme A and B
Letters of opposition
Additional information regarding the Stillwater operation
REF:A:'3/BOATl.TXT
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734.8642 -
January 14 '~~~~~~9~\\))
Mr. Handelsman
840 E. Atlantic Ave.
Delray Beach, Fl
PLANN\NG & 20N\NG
Dear Mr. Handelsman:
Please let this letter serve as a follow-up to our previously
discussed proposal for operating the Stillwater sightseeing,
luncheon and' dinner cruise boat from your vacant parking lot
at 840 E. Atlantic' Ave., Delray Beach.
PROPOSAL ,-
(1)jStillwater sightseeing cruises will berth and operate one ( 1 )
United States Coast Guard approved, 150 passenger, 65:foot,
double deck replica character type steamboat 'orm the affore-
mentioned address. The vessel will carry;"passengers everyday
north and south on the Intracoastal Waterway' ~or scheduled
sightseeing cruises with lunch available on board leaving at
10:00 a.m. and returning back to its berth in Delray at 3:00p.m.
The Stillwater may operate also a dinner cruise on ~ednesdays,
Thursdays, Fridays and Saturdays. The dinner.cruise will leave at
7:09 p.m. and return at 10:00 p.m. A slightly cut~back
schedule may occur during off-season months.
(2) CLIENTELE ON BOARD
Families, tourists, group functions, wedding parties, business
meetings and, retirees.
( 3 ) FOOD
Food shall be supplied by the "Canal Street Restaurant"
(formally the Bridge Restaurant) or by an outside caterer.
(4) TICKET OFFICI!
A small area at the east end of the parking lot shall be set
aside for a small ticket office. This ticket office does
not require toilets or plumbing only electric .to it.
. . . ,
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5 ) HOORING AND OERTn
The vessel shall berth directly east of the parking lot and
just south of the "Canal Street Restaurant". The bov of
the vessel vi11 face north", the stern south, vith the port
side against fenders along the seawall. When' leaving,
the vessel ...,i11 back astern to the south a...,ay from the Atlantic
Ave. bridge. When returning the vessel vi11 again approach
from the south. The vesse1,...,i11 have it's own, gangplank for
boarding and un-boarding of passengers. The need for
construction of a dock is not needed for this operation and
thus not requiring permitting. A small area of vegetation
(not Mangrovel) ...,i11 be trimmed back for gangplank use.
6) BOAT REPOSE
. .
The two dumpsters that supply the restaurant shall also
accommodate the boats refuse. ,
. .
For further discussion on th i s proposa 1 you may reach me at
telephone 407/ 496-3858 or 407/734-8642.
Sinc~ ~~
W ~/.~ ,~ -
~Pt. Dane L: Hark
Stillwater Cruises
3400 Lakeview Blvd. "
Delray Beach, F1 33445_
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MEMORANDUM
DATE: JANUARY 17, 1991
TO: DAVID KOVACS, DIRECTOR, PLANNING & ZONING
THRU: STAN WEEDON~
FROM: PAT CAYCE ~
SUBJECT: HPB'S RECOMMENDATION TO P&Z REGARDING THE EXCURSION
BOAT AT PALM SQUARE
At its meeting Wednesday, January 16, 1991 the Historic
Preservation Board considered the following two items in
connection with the proposed excursion boat.
(1) Conditional use for commercial passenger loading
area and boat ticket sales at Palm Square.
The Board did not recommend the conditional use. It was a
consensus that an excursion boat was a suitable commercial
venture to attract people to downtown Delray but that its
location, adjacent to a residential area within the Marina
Historic District, was inappropriate.
Two residents of the Marina spoke against the conditional use:
Alieda Riley, 65 Palm Square
Kevin Scanlan, Marine Way
The two attached letters, also against, were
read into the record.
Speaking in favor of the conditional use:
Richard Rabb, 50 Palm Square
(2) Rezoning from RM to CF on approximately 0.13 acres
in order to accommodate parking for commercial uses.
The Board recommended that the above property be rezoned to
accommodate parking. If was felt that additional parking was
currently needed in Palm Square and that when the Patio
Restaurant site is developed additional parking would be a
necessity.
c: Janet Meeks
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PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION
DELRA Y BEACH. FLORIDA
REPL Y TO:
January 24, 1991 6S Palm Square
Delray Beach, Fl 33483
'lb the ....1_.. of the 1lI:\1Ta}" ~h plmming ami Zoning IDmi
'!be D_,1I-)eJ:s of '!be Palm Square-Marine way ~ ~ Association have
reviewed the plans for a lmd\ aM dinner auise 1::oat ctx:ki.nq :in our
Historic District.
we are unanimJusly qposed to and view with alarm t1le traffic ~1An6
and the potential use of our stJ:eetS far 0 ...,..::.~cial parldng. ~nM of the
one-way traffic both in an:i out on Atlantic Avenue, the majority of the
traffic would have to enter and leave through the residential area of the
Marina H1storic District.
ViB'VIll fona with us far a ~it - the hmchecn or dinner cust:aDEmI far
both the mstaurant (which is ~:0fl08!ng an addition of a patio seatinq 75
m:a:e pBq)le) and the boat are m::riving as ~ as CU8'taDer8 far 6 stm'e8.
'lbaJ:e are t%uClcs delivering supplfAA which o.'\.oum& the prnI:)lE1D. valet
pa:dcarB are msh1nq through t1le aLL-d.8 looking for parldng places and
bringing cars back and forth. ti:Jt a situation that sb::W.d exist :in a family
neighboI:txxx1 in a H1storic District.
'1his prOOlEm will ~.mA worse when the "Patio ~Ll'" is deVAl~.
If the quality of life :in the residential axeas of this town is
deaLLU)'9d the wOOle ~ that ~ is tJ:yinq to project will be gone.
we b:Jpe your board. will cxnsidar the iDpK:t em the BUJ:rOUnC1ing
neighboI:txxx1 when you make your ;reo. .,.,,A,,ldatial to the City ('rmmfssial.
Yams truly,
0- ,
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001 1!lcmu B. ~, Kayar ~~,
DI!Ivid Rancblph, Vice Mayor -~Pf!JtJa. IDlIeri
Wi 11 f MIl Ani:h~., Vice Mayor ~EtEaWlE!D)
O'nmi ..1mBr Jay Alperin
O'nmf -.J.a1Br AzmBnd lI:luir
JAN 24 f99.
PLANN!NG e, ZONING
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30 Marine 'IIay
Delray Beach--33483
January 14, 1991
Historic ~reservation Bo~rd
~lty Hall Florida
lJelray ~each,
Mrs ~at dealy, 0hairwoman
Dear ~oard Members:
When your Historic ~oard was established, _.and our area, notably hartne
Way and ~alm ~quare was designated as an tlistoric ~istrict, we naturally
understood that existing com~ercial endeavors would still be allowed,
and assumed they would be appropriately maintained.
Doesn't the proposal to introduce a dinner cruise ship just south of the
Atlantic Ave bridge, with attendant facilities and parking requirements
interject a whole new merc~andislng enterprise with no possible historic
precedent?
with a proposed capacity of 150 passengers, which conceivably would mean
150 disembarkin~ and 150 bo~rding, how could they not infrln~e and tres-
pass upon the long established residential properties which comprise the
!'Jarina Historic District?
If the restauranteur feels that this concept is indeed feasible, and the
city feels it is desirable in order to draw more people to Do~ntown
Delray business district, why not locate the docking on the north ei~e of
the bridge1 Wouldn't that enable a boat to dlschar~e passengers directly
into the Atlantic Pl~za, thereby generating more exposure for the Plaza?
Instead of creating an unwelcome bottleneck In a Quiet residential neigh-
borhood, couldn't both the increased pedestrian and vehicular traffic be
handled more expeditiously thru a park-like access to the business
district?
however, isn't it the Army Corps of ~ngineers who have the province to gr
or withhold permission for the erection of the necessary docking facil-
ities? If so, isn't this whole discussion premature?
Sincerely
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, ;. .~ ).,' E iU ~,. d I ,.,
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Mrs Donald Woodin
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J A2.UARY, 22,;?I
CI'fY OF D3LRAY BEACH.
:SUILDIl:G DEPT. ALEX !lAG Y .
2.9,PALl! S(UARE.
DEmAY :SKACR.
TO ,/;;:0 I'r I:.;'~Y COLCERN.
P:!0:::S 243-9334
L:Y COl;v;'....RSAl'IO!~'S i7ITIi ~:R.RICEARE EAUER ,CODE E1'FORC:':,~SNT DEFT.IN 1987
AFD I988 IN RmARD' S TO THE PA..tij(I1U LOT NEXT TO ~Y PROPERTY (KORTE)
''/TfH CAR'S PARKING IN T~'E LOT . ON T~,':a TIME I S lLY CA...q ';/AS l-.::IT AlJ) DAl,:AGED
TO THE EXTENT OF ~987 .00, ;'illICH 1.:Y INSURA!~CE CO. PAID.DUE TO T2E FACT
TEAT Tn~RE \'fERE !~O WALL ORdliEEL STOPPER I S INSTALLED IN THE PARKING LOT
TEE CAR I S ','fERE ABLE TO ENCROACH ON l~Y PROPERTY BY USEIU'Z KY, DRIVEHAFE
TO STOP 'll~~E CA..~IS PARKIN3-,AT THE S.Ar.:E TItLE TliE CARIS BUh:Pffi 'n'AS INT '
Al':D eVER !::Y DRIVE;'IAY 5Y T',IO TO THREE FSET,T2lJS, 1~KI2;G IT n:POSSIBLE FOR
l:E, TO PARK oR USE l.iY DRIVE',':AY._
ER :SAUER cm;TACTED LR EAt,J)EIMAN . TIiE O:{l;ER OF :r:-:z PROPEaTY A30UT ThE
PROBLEU AIm TEE DEPISION 'j'lAS TO It.STALL A CEAIH ACCROSSl'EE FROl':T ENTERANCE
Olf T~_E LOT SO !\O CAR I S,'I(1JW PARK THEitE Il.; T_~E FUTURE. IN 37 AND 03-89 J:;.earcs
DURIr:G ~::B DELRAY DAYIS IN APRIL ,THE FOLLO'.1I1~G THREE YEAR'S TZiE GATE
'.iAS OPZ!;ED TO ALLO'J CA...qS TO PARK FOR THREE DAY'S, LIAS TOLD BY PERMISSION
CF ?EE CI TY, A~J) 1,m. EArJ)EIl.:.AN. I HAD T::.E SAI.:E PROBLEU , NOT BEI1~G ABLE TO
PARK IN r,iY O:'lN-DRIVEJAY.TEIS PROBLEi I EXPEX;T TEE CITY TO CORREDT AND STOP
i'EIS YEAR
I EAVE EBEN IKFCRNED gt LE1';rER FRON T':--..E CITY OF DELHAY BS.;'C:i lUELIC NOTIC3
:791-02.-5. TEAT A COl~l1:ERCIAL PASSERGER LOADING AE.TiA AND BOAT TICKET OFFICE
ALOI';,} -,fI'fH THE PARKI~;G LOT A TO BE BUILT ON TBIS PROP3RTY, KEXT TO l~INE.
I El.. VZ 1:0 03JIBTION TO TEAT BUT I DO '.1A!;T A ;1ALL TO BE BUIL'2 TO PROTmT
LY PROPS:~TY, THE ~,{ASL TO BE AT LEAST FIVE FEE"f :~GE (5 i't ~ I ASSUME ,
'\t::EEI S 'J: OPPER 's :IILL BE I~:STALLED ffO PRO'lXT Tl:E ','iAil, 'l'RE ~ISTlNG \VALL
BEIEG FIVE FEET (5 it ) EBEr!ID 1,~Y PROPEHTY Att THIS TI!,~E IS A GOOD
PROVIDER FOR PRIVWRY A.ND SAFETY, THE SA~,:E constD~9~:' SHOULD BE GIVEN
TO :,: Y - Pl'ZOPER'I:~LSO, ',VITR A sm BACK- FR0!1 r,~Y PREPERTY LI~O THE \'lALL OF
Tote OR THREE EET ','lITH LAIIDSCAPEII;D A!iD GRASS. THE \tAu. S TO BE PLASTERED,
A~':D FAIl;TED FbUING li:Y PREPOERTY . THE REASON FOR T:E WALL TO BE FIVE (5 it )
SO T:-:''''-T TI-::E IiEAD LI,,HiT' S FRO?L 'l'EE, CAR'S PARKI!~G,DO nOT SliUIE INTO !.~Y ;fINDO':i',S
A!':D :iOLE,AS 1-.1Y SOUSE SITS UP ::IGH A30ljrr,;FOUR FE3Tt4 it) FRO;t ThE GRan:D. . _
- .
Ai:O'.t:-::zR FACTOR IS T~':AT ThERE SEOULD BE NO t:USIS on LOUD BAlID PLAYItrJ;TO
DIS'.L\iR3E irE~ PEACE AlTD QUIE'r OF TH3 !1~:U1:1750RE00D , J3 EAD T:-~ PROBillt
.iI/J:5 1:.:8 A~'LA~'d'IC PlAZA ACCEoas ATIJ..l:-l'IC AVE AIm 3E~','i1~3)J tJLBAU E3 AND
:,:R8 . ;,UL~ 5U 'J:Ll~R OF r~;iZ C ODE Ei::20:\(;Z'i~'.c DEP'r~:iliY S'::COl'P:.ill '1:-:'3 LOUD I::CSIC
PL/\.',r-i"," liPJ ,\-, D r;:no \;',D ",'t':'.r :.ID':IG;'~T A~,lY 'CO;:sIDi~n:\.~IOr. nO :r:':E ABOVE
....l._...z ._ ........ ...,L. 4.0 .L:.~~ ",_ J.. __.).4 .. ... ... ~ ..'..L...1 ~
R3:"'U :::.;s,'r..ILL ::~B GaEATLl APFRIGIA'l'ZO
'~:-:A2:K yOU
cv?~cC9::j
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. / JAc~/1 ~:qL14# '.UFC"/fAy /Y'er/, ;-; / -=z=--
C(/'?U c.oJ f / /1/ ;:;:;;C/,,!.. vr /ri Z c:.-",r /~&-
//IE ~A'~A"( ~'-'-f( Dr //1-".0 ~c'LS5/HY
--;;;- --r-;;; A ff/l &t/ A c 6{ A" C-C--c.t.// -r/ e:. /l
/~;Ot.-E {.-jl!/E{ JAUrJE 77-"4/ ~ -0 c?/"
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We, the undersign, are owners of apartments in the Bar Harbo'-l" , 86
MacFarlane Drive in Delray Beach. We strongly object to the proposal to
have luncheon a dinner auises launched from an area on the intercoastal
waterway opposite our ~ng,
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1'J;tMp, /3 nU U ~ lLuvU{!' iil,' ~
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. We, the undersign, are owners of apartments in the Bar Harbour, 86
MacFarlane Drive in Delray Beach. We strongly object to the proposal to
have luncheon or dinner auises launched from an area on the intercoastal
waterway opposite our bl"li~ng.
\\tr"^~ \J . Qcv.J.~ '1'f l-e.. .
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fi ~ a &:r . //0& tod
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Dominio,A. De Ponte ,
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(407) 278-3973
Hon. Thomas Lynch
Mayor of Delray Beach
City Hall
100 NW 1st Avenue
Delray Beach, Fl. 33444
RE: Application of Coastal Properties - Zone Change RM to CF
- CBD conditional use
Palm Square - Pleasure Boat Landing Sales Office
D,ar Sir:
At a Planning and Zoning Commission Meeting, January 28, 1991,
I voiced my legal objection to item No. 1 of the proposed zone
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change .'
I asked~applicant's representative that if the zone change of RM to
CF were passed, and the Boat Landing Application was denied, does
this mean the owner of the property will keep the property a
parking lot available to the public? He said "Absolutely not. One
went with the other. The zone change was to be conditional on
ability to operate boat landing sales office and even then it would
be controlled by owner"
My point was made. The changed zone was not for public use but
solely for personal use of owner in conjunction with the proposed
boat handling operation. There is no valid basis for the
utilization of the community Facility Zone in the instant
application. To do so violates the purpose and intent of said
ordinance and renders application illegal. The arguments I gave
fell on deaf ears and blank faces.
When I challenged the enterpretation of the " Similarity of use"
ordinance I was told there could be no further discussion on that
matter because a staff report was already filed and made its
recommendation and the matter was closed. In consequence to my
claim that I felt an improper interpretation was made of the
ordina~ce, the chairman ruled my time was up, and I was prevented
from pursuing my arguments any further.
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I then left a copy of my report with Mr. David Kovaks, Planning
Director, and I enclose a copy thereof together with copies of
pertinent portions of Mr. Kovaks opinions I challenged.
I am writing to you because I am advised that the matter will now
be referred to the City Commissioners for their consideration on
February 12, 1991. ~ ~F'....." ~ ~-" ' >
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.~lj ~,.: ' ,- -. '""-. 'u
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PLANNING & ZONING
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I resp~ctfully request that as Mayor of the City of Delray, you
solici~a legal opinion from City Counselor Jeffrey Kurta as to the
questiohs I raised in my report prior to the above scheduled
meeting.
Mayor Lynch, my concern is saving taxpayers monies in the appeal
process. Too many Towns are wasting money on litigation costs. A
request for a legal opinion at the present time would be in the
best interests of the Town and the residents affected by this
decision.
I have practiced law for 20 years and served on a Zoning Board up
north for 4 years, and in the past 20 years I have worked for
corporations primarily in the role of permitting, platting and
zoning.
In my opinion, there is reversible error in the process of this
af)plication. I sincerely feel it merits your attention at this
time.
Respectfully Submitted.
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iJI ~}f~;?P1/ .
DOMINIC A. DE PONTE
cc: City commissioners
Jeffrey Kurtz, City Counselor
enclousers
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24 MARINE WAY, DELRAY BEACH, FLORIDA 33483
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TO: DELRAY BEACH PLANNING &ZONING COMMISSION
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RE: AP~LICATION FOR BOAT LANDING AND SALES TICKET OFFICE - PALM WAY
,
AGENDA ITEM IIIB
I am appearing tonight to challenge the legality of this Application as
follows:
I. ISSUE REGARDING CHANGE OF ZONE FROM RM TO CF
A. In this application, a Community Facility zoning is an improper
. zone to use. It is a violation of the purposes and intent of
section 4.421.
\ II (A) Purpose and Intent: The Community Facilities (CF Districtlis
a special purpose zone district primarily intended for facilities which serve
public and semi-public purposes. It is also applied to regulated properties
,
subjected to a transfer of developmental rights. Such ?urooses include
governmental uses. churches. educational. service and institutions. The CF
District is deemed compatible with all land use designations shown on the
Future Land Use Map."
It's scope is to include in 4.4;21 (B) the following uses:
( 1) Governmental Facilities such as courthouses, post office, fire
stations, etc.
(2) Community Facilities. such as civic centers. community
centers. community theater. cultural facilities and
auditoriums. libraries. museums.
(3 ) Parks and Recreation facilities, such as parks, ballparks.
(4) Service oriented facilities, such as Abused Spouse Residences,
Child Care Centers, etc.
FURTHERMORE , Delray Zoning Code Section 173.745 states the Purpose and
177.746 outlines Permitted Use, as follows:
"Such Facilities shall include cultural. educational. medical.
institutional and aovernmental facilities."
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. (a) A commercial boat landing and sales ticket office does not come
w~thin any of the above ou~ined uses, AND, therefore, it cannot
avail itself of a CF Zone chanae.
In interpreting ordinances, we must look at the Legislative intent. Clearly,
this type of operation is not contemplated to be included as "Community
Facility." If you permit this interpretation, then, it would be too broad
and vague ~d become an Unconstitutional Ordinance at Law, but it is good
law. It is to be interpreted properly. CF could conceivably be used in
every zoning application situation under the above premise, which is bad law.
However, statute 173.746 clearly defines the uses that could avail itself of
this Zarling Ordinance and none include a boat excursion or amusement ride.
consequently, CF Zoning cannot be made available to cover this special
situation. The Zone change must be rejected and denied.
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(C) In the event this Zone is approved in its present form, it would be
,
tantamount to SPOT ZONING'which is illegal. Effectively, you are
changing RM Zone to caD Commercial. You are permitting indirectly
what you could not permit to do directly. If you find a hardship
because of the argument given and grant this Application, it would
amount to a Variance which your Commission has no authority to
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give, and it would again be spot Zoning.
The only remedy available to Applicant, if he wants to pursue this
Use, would be to seek a Land Use change and a new Future Land Use
Map for a caD Zone, and Applicants knew this from the start.
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The proposed use is incompatible with RM Zone and Adjoining
Residential Historic District. It is, furthermore, inconsistent with the
ambiance of the Historic District. Lastly, it is against the Comprehensive
Plan adopted February, 1990 which recommends that this area remain stable.
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I can't conjecture anything that is more unstable than this Amusement Ride
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with a box lunch and drinking parties in the daytime and evening! ! ! A
CARNIVAL ATMOSPHERE ! ! ! !
Lastly, it would be logically impossible, in light of the above, for the
Staff and Commission to render favorable required findings as per section
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2.4.5(0)(1) and Section 3.1.1.
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THE ZONING APPLICATION MUST BE DENIED.
\ The request for consideration for a Conditional Use for a private
ISSUE II:
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parking lot in the CF Zone therefore becomes mooi for reasons set out above.
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ISSUE III: consideration of Conditional Use for a passenger boat loading
facility and ticket office in CBO Zone is improper.
A. There is no use set out in CBO Zone for a boat landing facility -
it never intended to perm1t this type of operation.
B. Applicant attempts to utilize section 4.3.2. (C)(2) to establish a
"~imilarity of use" to classify use of Applicant in CBO Zone.
I!
(1) Section 4.4.13(B)(3) is relied on as one similar use viz
\ "RESTAURANT."
~ Although Application mainly states use as a boat landing
facility and a boat sales ticket office. Then the reports
talk about a restaurant with food. It wasn't until 1-14-91 in
a letter sent by Stillwater Cruises to Mr. Handelmann when
they first disclosed sale of food. I AM VERY SUSPECT OF THIS
- WHOSE IDEA WAS THIS? It appears as a realization of a
weakness in their argument without food. However, the use
\ described still does not meet the SIMIIARITY TEST for the
~ following reasons:
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(A) Definition on page 46 in the Delray Code. It defines
.
RESTAURANT as follows: "An establishment where
food is prepared and served for pay, primarily for
consumption on the Premises in a completely enclosed
room, under roof of a main structure, or in an interior
court." The boat diagram attached to Application shows
\ no galley or kitchen. so, to this extent it is not
" similar to restaurant use.
(B) All 150 passengers assemble to board boat at one time and
at the end of the cruises disembark at one time, unlike
~ a restaurant pattern of use - it is a meeting or assembly
for an amusement ride, pure and simple.
(C) Catered food cooked off-premises and lunch baskets
prepared off premises is unlike a restaurant operation. If my office staff
has Domino's Pizza delivered for lunch, does that make my office similar to
a restaurant? Of course, not! ! Now, if I had a stove in my office and
prepared lunch or dinner from time to time in my office - THEN, ONLY can you
say my off \ce is "similar" to a restaurant in a broad sense. Therefore,
there is c1~arly no similarity between a restaurant and an Amusement Ride
where people bring a box lunch.
(D) section 4.4.13 (D)(14) is relied upon by Applicant as
another similarity viz: "For commercial Entertainment Purposes".
(1) I submit these words are taken out of context and
applied improperly. Section 4.4.13(D)(14) provides as follows:
"( 14) Playhouses. Dinner Theaters. and places of assembl y
for commercial entertainment. e.g. . concerts. live performances."
Now, taking this paragraph in its full text and using
proper interpretation and construction of the text 0 f the language in the
Zoning Ordinances, the use must be similar to theater - arts - concerts. etc.
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and because of, "e.g. - "Exempli gratia" (Latin) - literally means "For the
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sake of an example" - gives us further guidelines for interpretation of that
category. It limits any interpretation of a Commercial Entertainment nature
to be like a concert or live performance.
There is no way that the intent and purpose of this
Ordinance includes a boat landing dock and ticket sales office or, rather an
amusement ride or carnivale - nor any similarity to it!
Consequently, no similar use can be shown from this
Section. A new category needs to be developed for Applicant. An application
for a new land use is their only remedy at LAW.
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THIS APPLICATION FAILS TO SHOW SIMILARITY AND IT THEREFORE MUST BE REJECTED.
ISSUE IV: Although a moot point, the Issue of Parkinq Requirements needs to
be commented on, again to see how far Applicant has stretched its
interpretation:
( 1 ) The Applicant indicates the Code provides no guidelines for
parking so they proceeded to develop their own.
However, parking for Community Facilities for meeting places and
assembly of people (as to an assembly for a show, etc. ) provides on page
4.6.34 reads as follows:
PARKING REQUIREMENTS:
( a) .3 of parking space for each seat or, .
.3 ;- 150 = 50:
(b) 1 space for each 50 s.f. - 3000 ~ 50 = 60, whichever is
greater = 60. The Code, therefore, does provide for 60 parking spaces.
There is no need to make up a new formula.
WHY WEREN'T THESE NUMBERS USED - especially, if they were
considering CF Zone?
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( 2) Applicant suggests 12 spaces for each 1,000 s.f. = 36, or,
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1 space for every 3 person - 150 ; 3 = 50, which is a commonly used rule and
is fair. But then Applicant suggests that, like Boynton Beach, because it is
in a downtown location with other downtown parking spaces, you take a 60%
factor which reduces it to 30 spaces.
This is an ERROR. Unlike Boynton Beach. this plat adioins
residential property to the West and South. If the plat was on the corner
of Atlantic Avenue and Route I, you can justify this adjustment approach
because of the other avaiable downtown parking spaces.
But, when the plat is adjoining and abuts a residential area on two
sides, lit is unfair to apply this rule and the numbers should be taken at
100% of the~ calculation viz. 60 or a minimum 50 parkinq spaces to be
required.
THERE IS NO POSSIBLE WAY THAT APPLICANT CAN PROVIDE THIS AMOUNT OF
PARKING SPACES FOR THIS USE AT THIS:LOCATION!!!!
ISSUE V: ARMY CORPS OF ENGINEER. Mr. Handelmann of Love Realty for the
Applicant stated in a letter dated 9-10-90 that "permission for the docks has
been obtained from the Army Corps of Engineers."
However, Staff report dated 1-28-01 states Applicant claims that no
permit is required.
I,have actual knowledge from my experience and my recent conference
with Army Cqrps - every embarkation at a single point for a scheduled use
must obtain a submerged wet-land lease from the State of Florida for area
being used. Also, upon any objection, (and there will be objections, count
on it!!!!) a hearing will be held wherein all environmental issues will be
reviewed and safety factors studied. Each Agency, such as DNR, DER, Army
Corps, Fish and Game, Save the Manatee, will have the opportunity to study
the potential impact of this use. The Staff Report does an excellent job in
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setting out these environmental fears on pages \..; in their Report.
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THE APPLICATION MUST BE REJECTED FOR THE ABOVE REASONS, IN ITS ENTIRETY.
A Community Facility argument can be made if the boat landing operation were
situated in the Park Area owned by the Town. A lease from the Town would
place the operation in the realm of a Governmental Sponsored Activity as
Lessor (Owner). This, then would qualify the project for a CF Zone.
THIS IS THE TYPE OF SITUATIO N CONTEMPLATED BY SAID CF ZONE.
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Respectfully submitted,
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Dominic A. ,
DePonte
1.'-\ MA'i'-j))( w;:"'/ I
'I,;fL I<A'j G'lAc. '" I FL , ;, '?, 4Y!>
'io7-1.7f-'3973
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PLANNING AND ZONING BOARD r-1EMORANDU~! STAL' R:::PORT
'f;J ,1.< ____ _ /' c? 0 ____ (
J' ~ - t-<.--"- - '" ()
MEETING OF:-~ NOVEMBER 19, 1990 (:y.J)~/
AGENDA ITEM: V.B, Boat Operationu Docking in t~~ CDD~
ITEM BEFORE THE BOARD:
'rhere are two items before the Board, TJ:2 L,rst i5 tha:'" \.h
making a determination of similaritv.__g_f__u~;c which 1~.;
governed by Section 4.3.2(C)(2) - Page 4.3.1,
The second is dcterminl!lg, park l~~g~2..i:...Z('~,1~~~::>_ for: a 1,;::.i t:
1. which is not listed. SOr::tiCl 4.6.9(C)(1)(d~ ~iJplle.':3 - t'iqe
1.1. 4.6.31-
BACKGROUND:
These i terns are before the Board 1n resi.Jonsc :C (1 r(?r::ues:. by
Digby Bridges for clarification and 1nterpn~tdt;oil of the COli.:::: 1;
it applies to a conunercial boat landinc.;. Sucli a u~e 1s not
currently addressed in the Code. Please see his letter ot
October 16th for a full' description of the [Jropo:::;ed use. T/lerc
are several aspects to his letter and I ha lie proll ided i.\ rap 1 y
(copy attached). The two items on this d0cnda require acliun by
the Board in order for a formal application t.o ::;e r.1adc.
ANALYSIS:
Determination of Similarity of Use: Becau~l~ tlw r.equ8scccI '.lsn is
n~ i~~tcal to other uses allowed in the caD Zone! District and
because I believe it to be similar to other. c11lo\,!ed llses, ~he
request is placed before the Board for a ruling pursLlant t-,Q
Section 4.3.2(C) (2).
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\ I feel that the use is similar to other u~e'J sllch us: restaurar.L; I
(B) (3) and places of assembly for commerc i d 1 dl terta 1 nmen t
purposes (0)(14). Further, :,ecallse of its unique 11c1'.:.ure it ser't:1S i
L apprgpriate that it be allowed as a condit",ionul., ~nst8d:j of, u I
principal use. _;
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Establishinq Parkinq Require~enr.!j: for uses not listed in th(]
list of parking requirements, such rcqll.i.rcnents shull be
established concurrent with site plan appz:'()Vul. OCCduse of th~
unique nature 0 f the proposed use and the _1. 1n1 t~d '1lTlOlln t. 0 f
parking area which is avai lable, it i s apprc~: i.:. ~c to I?S tabl ish
the parking requirements at this time.
Mr. Bridges puts forth an argument ba;:,;ed U~JfI one ::;pace per tr~rcc
allowed passengers and then p~ovide that orly (O~ of that num~e~
be required due to the mixed use c1spects of u eGO - <lnd I-li tl1 ;]:.
. obj ect! ve c f being more flexible in order f.0 ac:::or;!l1oda ~,e clown ::olln
development and redevelopment.
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We, the undersign, are owners of apartments in the Bar Harbour, 86
MacFarl~ne Drive in Delray Beach. We strongly object to the proposal to
have luncheon or dinner cruises launched from an area on the intercoastal
waterway opposite our _~,ng,
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We, the undersign, are owners of apartments in the Bar Harbour, 86
MacFarlane Drive in Delray Beach. We strongly object to the proposal to
have luncheon or dinner cruises launched from an area on the intercoastal
waterway opposite our b~i~ng.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA - MEETING OF FEBRUARY 12, 1991
WAIVER PROCEDURES AND AWARD OF BID
DATE: February 5, 1991
This item is before you for waiver of the purchasing procedures and
award of bid for disposal of sodium aluminate and the holding tank at
the Water Treatment Plant. The Palm Beach County Department of
Environmental Regulations issued a Notice of Violation regarding this
item. In order to expedite corrective actions, it is necessary to
waive purchasing procedures. Staff sent out informal requests and
received two proposals. O.H. Materials Corporation was the low
bidder. Funding is available in Water and Sewer/Water Treatement-
Contract Work not Specified (Account No. 441-5122-536-33.79). Account
balance $19,369.
Recommend waiver of purchasing procedures and award bid to O.H.
Materials Corporation in the amount of $16,038.20 to dispose of the
solid sodium aluminate and tank at the Water Treatment Plant.
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L,c) vhc: ~+ ,\~(l: it IT - DISPOSAL OF SODIUM
I't\- ~f'J. ~>-l~ ~ l1~
'REATMENT PLANT
ReLerence 1S maae 1:0 1:ne i'll.V.V. issued by the Palm Beach
County DERM on the sodium aluminate problem. Six (6)
hazardous waste disposal contractors were contacted to
dispose of the solid sodium aluminate and the tank that
leaked. Two (2 ) bids have been received as follows:
1. O.H. Materials Corporation
Clermont, Florida $16,038.20
2. Laidlaw Environmental Services Inc.,
Mi ami, Florida $35,500.00
Recommend approval to award contract to O.H. Materials
Corporation in the amount of $16,038.20. Funds available
from account 441-5122-536-33.79.
WG:jaf
cc: E. Kaeufer, Assistant Director, Environmental Services
L. Martin, Deputy Director, Environmental Services
D. Haley, Superintendent, Water Treatment Plant
EKWGWATP15
File: Memo to City Manger
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OH~1 Corporation
January 29, 1991
Mr. Don Haley
City of Del ray Beach Water Department
Water Treatment Division
200 Southwest 6th Street
Delray Beach, Fl 33444
Dear Mr. Haley:
OHM Remediation Services Corp. (OHM) is pleased to provide this proposal for
the removal of 5,000 gallons of dried sodium aluminate from two storage silos
at the Water Treatment Plant in Delray Beach, Florida. The following sections
summarize the scope of work and technical approach. A summary of estimated
project costs has also been provided.
SCOPE OF WORK
Based on the success of similar tank cleanouts projects in the past, OHM
will break up the sodium aluminate and pump it out of the two silos using a
"super sucker" vacuum truck. The sodium aluminate (approximately 5000
gallons or 15 tons) can then be transferred from the vacuum truck to a dump
truck for transport to US Aluminate Company, Inc. (US Aliminate) in Balti-
more, Maryland. The bottom of the silo will likely contain a slushy liquid
material; therefore, OHM will arrange to have drums at the site.
Based on information supplied by US Aluminate, OHM assumes that the sodium
aluminate can be transported in one dump truck, Drums containing the
sodium aluminate ~reCiPitate/l;quid mixture will be transported separately.
The State of Mary and requires special permits for transporting hazardous
waste; therefore, only specially permitted trucks and drivers will be used.
All applicable Department of Transportation (DOT) regulations will also be
followed.
OHM will prefare the undamaged silo for the future storage of sodium
aluminate so ution by rinsing the silo with a 10 percent sodium hydroxide
solution. The rinsate will be removed and transferred into the liquid
sodium aluminate drums.
OHM estimates that this project can be completed in three 10.hour days,
including mobilization and demobilization.
TECHNICAL APPROACH
Because the sodium aluminate can only be accessed through a two-foot
opening at the top of the silo. OHM personnel will follow OSHA regu1ated
"confined space entry" procedures. These procedures include the following:
13400 Mohawk Road . P,O. Box 121190 . Clermont, Florida 34712.1190 . 904.394-8601
I
Mr. Don Haley -2- January 29. 1991
continuous monitoring of the inside of the silo for the oxygen level and
combustible vapors, the use of safety harnesses, continuous observation of
all work by a safety officer. OHM field personnel have completed all the
necessary training, including 40-hour OSHA safety training,
Each OHM crew member working inside the s110 will wear a saran-coated su1t
and utilize positive pressure breathing air apparatus (EPA Level B Respira-
tory Protection). The OHM site supervisor will assess working conditions
inside the silo (i.e., airborne particles generated and consistency in
oxygen readings). If the appropriate criteria are met, the site supervisor
may recommend to the OHM Regional Safety Officer that the respiratory
protection be downgraded to full face respirators including cartridges (EPA
Level C Respiratory Protect10n).
ESTIMATED PROJECT COSTS
OHM will complete this project on a t1me-and-materials basis for
$16,038.20. A summary of this estimate 1s provided on the attached Cost
Estimate. This estimate has been developed using EPA Level B Protection
for the entire duration of the work inside the silos. All costs are based
on the above-mentioned scope of services and are subject to site condi-
tions.
OHM can not guarantee that the sodium aluminate can be pumped from the silo
until an attempt 1s made on site, Any changes in the proposed scope of
serv1ces may result in changes 1n the cost estimate.
OHM appreciates the opportunity to provide you w1th this proposal. The cost
estimate 1s valid for 30 days. acceptance thereafter is subject to OHM
approval. OHM 1s prepared to begtn work on th1s project within three days of
authorization and receipt of a Purchase Order number or its equivalent.
We look forward to working with the City of Celray Beach on this project. If
you have any questions or require any additional information, please contact
Susan Benes or me at (904) 394-8601.
Sincerely,
OHM REMEDIATION SERVICE CORP.
~ ?J'l.c::l~
Linda M. Jacobs
Chem1st
lMJ/nlb
pc: OHM File
Susan Benes. OHM
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. COST ESTIMATE
UNIT QUNlTlll BASE PRICE PROJECTED
UNITS PEl lJIIT COST
PERSOMEL
1 Supervl.or/Equlpmant Operator 30 houre 7S.00/hour S 1.800.00
2 Recovery Technicians 48 hours 30.80/hoi.lr S 1.478.40
(Ov.rtime) 12 houn 41.60/hour $ 499,20
PwnanMl Subtot.l $ 3.177.10
PEl 01 EMS
4 Perlann.l/3 day. 12 par dhme SO.OD/day $ 1,080.00
Per Di_ Subtotal S 1.080.00
EQuiPMENT
Ton Pollution Control Truck 3 dey. tOl. SO/day $ 604.50
H11eege 400 mil.. .50/m1le S 200.00
Car (Ineludee mileage) 3 days 48. 75/dlY $ 148.25
ell. 580 Beekhoe 20 houra 29.25/hour $ 585.00
Utility Trailer S day. 81. 2S/day $ 2(3.15
Explos1meter (alia measure. oxygen levels) 2 days 48. 75/dty S 97.50
EPA L.v.l B Protection With Tyvek Suit 2 dlye/'/. people lS9.2S/day $ 637.00
Regulated Mlnlfold Air-Supply System 2 day. 68.2S/day $ 136.50
Emergency Eecape Alr Pack. 2 daya 37.0S/day $ 74.10
Bottle Rack 2 day. 19.50/day $ 39.00
Additional Br.athing Air Hole 2 daya S9.00/day $ 78,00
Portable Eye Wish 2 days lS,50/day $ 39,00
Equt,..nt Subtotal $ 2.880,&0
EXPENDABlES
Mllcellaneoua Items 2 daya 100.00/day $ 200.00
Pump Sprayer $ 30.00
ExpesIdablu Subtot.l . 2M. DO
SUBCOHTRACTORS
Merola Enterpris.. Incorporated 1 lo.d 3,300, 00/, lMd $ 3,300.00
Tranaportatlcn of material to Ba1timore,
Maryland (include. dump liner and fue1
surcharge)
Demurag. 2 ~ay. 650.00/day $ 1,300. 00
Tran.portation of drume to BaltImore 11-20 drUlllS 97. DO/drum $ $70.00
Maryland
Terr. FI rat
"Super Sucker" V'CUIAlI Truck 2 d6YI S 2.500.00
(includes mileage. demur'gl, and
per di '"" )
SubGGntraotors S&Ibtotal . &o1J70.ao
TOTAl PROJECT ESTIMATE $1'.058.20
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ITS/TSJT8J: Tank Management
ENWRQNMINTAL
SERVICE.
PROPOSAL FOR
SODIUM ALUMINATE REMOVAL
PRESENTED TO
MR. DON HALEY
WATER TREATMENT PLANT
Laidlaw Environmental Services <TM1. Inc. ,....
47~O NW, 157th Street Miami, Florida 33014 Phone 305,625.9240 Fax 305625.9710 '.'
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Tank Management
INfI'II1NNVAlIFNnlL
SERVICES
January 16, 1991 VIA FACSIMILE
Mr. Don Haley
Water Treatment Plant
200 S. W 6th Street
De/ray Beach, FL 33444
Dear Mr. Haley:
Laidlaw Environmental Services.. fonned through rhe rnerger of GSX Chemical Services~ /n(.". with
Laidlaw's most recem acquisition, TricU Lcd. d/b/a GSX Services, Inc. is pleafed to provide Water
Treatment Plant with the be/ow listed price.
LES has the capabilities. equipment, and experienced project remn necessary to successfu.lly accomplish
the task requested, Our qualifications in safe handling procedures, trcmsp01tatiolZ and confined space
f'nfry nrp wpll rrrngn;?prf in thr indilfitt)/ Wr tnHt Yr//I v.ii" find our '1rnJlP nf '1fndrf'l r.nrnplp.ff'. and -
responsive to yow' needs.
LES proposes to remove the sodium aluminate that is cun'elllly located in silos 1 and 2- LES will
accomplish this task using a high powered vacuum tnick (4,800 c.f.rn.) to remove the hardened product.
The material will then be stored, temporarily, in containers that ~\iill eW:Jltually transpoft the material to
U.S. Aluminate in Baltimore, l\r1a.rylancl.
Please review the "Exhibit A" attached.
Thank you very much for your consideration. If you have any questions or commems, please do not
hesitate to call.
Very truly}'ours,
Mark B. Rittiner
Environmental Operations Coordinator
LAIDLAW ENVIRONMENTAL SERVICES (TM), ING.
MBR:bmp
wtp.psa
Lllidlllw Environmental Services (TM). lnc (,\
4740 N,W. 167tl1 Street Miami, Florida 33014 Phone 305.625,9240 Fax 305.625,9715
I
a4'lTseg: T.nk Management
ENVIRONMENTAL
.."WCE$
CLIENT: Water Treatment Plant
200 S.W. 6th Street -
Delrav Beacb.... Fl,. 33444
Attn: Mr. 001'1 Haley
PROFESSIONAL SERVICES AGREEMENT
PROPOSAL DATE: Januarv 16t 1991
PROPOSAL: Sodium aluminate removal at the above referenced
faeilitv/"EXhibit An.
TOTAL ESTIMATED COST: see uExhibit A"
20% Retainaqe
Balance due upon completion.
Laidlew Environmental Services (TM), Inc.
4740 N.W. 167th Street Miami, Florida 33014 Phone 305,626.9240 Fax 306.625.9715
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"EXHJIIT A"
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Unit Est. Total
Personnel Cost Qtv. Est. Cost
Project Manager $ 85.00/hr. 30 hr-s. S 2.550.00
Industrial Hygienist 75.00/hr. 30 hrs. 2,250.00
Field Technician (2) 40,QO/hr./mo1ln 30 hrs, 2,400.00
level 8 Protection
(Air Lines) 350.00/day/rnan 3 days/man 3,150.00
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Unit Est. Total
E(I1,lir;lP!eflt Cost S!Y... Est. Cost
Vaculnl Truck $ 200.00/hr. 30 hrs, $ 6,600.00
front end Loader 60_ OO/hr. 30 tm.. 1.800.00
Roll Off/Temporary
Storage (2) SOC.OO/day 3 dayS 3,000.00
Air Monitoring Equipment ZOO.CO/day 3 days 600.00
safety wench (Lines &
Harne5lOes) 650.00/day 3 d~ys 1,950.00
Decontamination Equipment 300.00/day 3 days 900.00
Unit Est. Total
Trantlp<?rtation Co~t ~ Est. Cost
Oelray Beach, fL (Water
Authority) to 8altimore,
HD (U.S. Aluminate) $ 3,950.0Q/load 2 looos $ 7, 900 . 00
unit Est. Total
OisDOsables lli.! ~ Est. Cost
Sarene"- Suits 30.00/suit ..0 suits $ 1,200.00
Gloves (Leather) a.OO/pr. 40 pl". 320.00
Gloves (Rubber) 9.00/pr. 40 pro 360.00
Visqueen BO.OO/roll 5 1"0 II s 500.00
D.O.T. Druns 40.00/dn.m 3 120.00
TOTAl ESTIMATED COST: S35.5OO.00
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GENERAL NOTES
Note 1; The normal work week is 0800 to 1700, Monday through Friday. All
work per~ormed be~ore or a~ter these hours will be billed at time and
one-half; All Sunday work at double time. Holiday work will be
billed at double time and one-half.
Not.e 2: All prices are quoted firm for thirty days and will be eon firmed when
t.he order is placed.
Hote 3: All work on-site will be performed by OSHA 40 hour trained LES
personnel supervisors and subcontractors.
Note 4: Should it become necessary to collect any portion of the above sums
upon demand of an attorney, the undersigned agrees that it shall pay
a reasonable attorney.s fee, costs and int.erest, whether suite be
brought. or not.
Note S: LES estimates that "Exhibit All will take approximately t.wo to three
working days to eomplete.
Note 6: All hourly changes are based on a point. to point basis.
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',)!-.'. AGREEMENT
.'
, This Agreement is entered into by and between Water Treatment Plant
(the "Companytt), a corporation organized und'er
the laws of the State of Florida , and Laidlaw Environmental Services (TM),
Inc. , a corporation organized under the laws of the state of South Carolina.
The following paragraphs set forth the general terms and conditions under which
LES shall, at the Company's request, perform Environmental Services at
200 S.W. 6th Stree~. Delrav aeach, Florida. The specific terms governing the
work to be performed by LES shall be set forth in the Scope of Work, attached
hereto as Exhibit A and Exhibit B.
K.o.,
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This Agreement is effective as of last signature date and will continue ,~
2. for the length of time set out in LES's written job specifications. 11
SCOPE OF WORK ','
The Scope of Work, attached hereto as Exhibit A and Exhibit B, shall~'
provide a detailed description of the services agreed to be performed by 1
LES.'
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J. PRICE f
The price for performing the serll ices requested shall be set forth in I
LES's quotation letter or bid. Fcr any projects which continue for longer'
than 30 days,' LES shall bill the Company every 30 days. It is understood '
that the price set forth in the quotation letter or bid is LES I S best
estimate based on information provided to it, or made available, by the
Company. If, during the performance of the work, changes are made in the ..
scope of character of the work or the limits of the project are revised,
a Company designated individual shall be authorized to issue, and shall so
issue, the appropriate change order(s). The cost or credit to the Company
resulting from such change order(s) shall be determined in one or more of
:f' the following ways:
. by mutual acceptance of a lump sum properly itemized and
(a)
supported by sufficient substantiating data to permit
evaluation;
(b) by unit prices stated in LES's quotation letter or bid or
subsequently agreed upon;
(c) by cost to be determined in a manner agreed upon by the
parties and a mutually acceptable fixed or percentage fee.
4
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Payment terms are net thirty (30) days from the date of invoice. Interest
will be charged at the rate of 1.5% per month on all amounts outstanding
more than 30 days. The interest will be calculated on the number of days
in excess of 30 days past the invoice date to the date payment is received
at LES. The Company is responsible for notifying LES of any question
ooncerning the invoice. In addition, the Company shall be responsible for
any collection agency or legal fees incurred in collecting payment for an
invoioe.
The Company shall reimburse LES for taxes, tariffs, fees, surcharges, or
other charges imposed by legislation or regulations enacted or promulgated
after the date of this Agreement and levied specifically upon the
transportation, treatment, storage, incineration or disposal of the waste
upon thirty (30) days written notice of such change in legislation and
upon submission by LES of evidence that such charges have been levied or
paid.
4. COMPLIANCE WI~H LAWS AND REGULATIONS
LES warrants that it has, or will secure by the time the project
commences, all permits or approvals which are required of LES for the
services to be performed which are the subject of any purchase order. LES
shall furnish to the Company, upon request, copies of all such permits and
approvals.
LES shall give the Company oral notice followed with written notice, of
the modification, revocation or cancellation of, or decision not to renew,
any permit or approval necessary for the services to be performed.
If any change occurs with respect to any laws, rules, regulations or
ordinances materially applicable to the rights or obligations contained in
the Agreement, either party shall have the option to immediately terminate
this Agreement or to have the terms of this Agreement renegotiated to
bring this Agreement and the respective obligations or rights of the
parties into compliance with such change or changes.
5. ACCESS TO PREMISES
The Company grants to LES, its agents and employees, during the terms of
this Agreement, reasonable access to the Company's premises for purposes
of fulfilling its obligations under this Agreement; LES shall comply with
the Company's safety procedure while on the company's premises, and copies
of the safety procedures will be available to LES upon request.
The Company warrants that any right-of-way provided by the Company to/from
the Company's premises to/from the most convenient public way, is
sufficient to bear the weight of all LES equipment and vehicles reasonably
necessary to perform the services. LES shall not be responsible for
damages caused to any private pavement or accompanying subsurface of any
route reasonably necessary to perform services.
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6. IlfDEKNIFICATION
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LEs agrees to indemnify, hold hannless and defend the Company from and
against any and all liabilities, claims, penalties, forfeitures, suits,
and the costs and expenses incident thereto (including costs of defense,
settlement and reasonable attorney's fees), which it may hereafter incur,
become responsible for, or payout as a result of death or bodily injury
to any person, destruction or damage to any property, contamination of or
adverse effects on the environment, or any violation of governmental laws,
regulations or orders, to the extent that such damage was caused by: (i)
LES's breach of any term or provision of this Agreement or the failure of
any warranty of LES to be true, accurate and comple.te; or ( ii) any
negligent or willful act or omission of LES or its employees or agents.
The Company agrees to indemnify, hold harmless and defend LES from and
against any and all liabilities, claims, penalties, forfeitures, suits,
and the costs and expenses incident thereto (including cost of defense,
settlement and reasonable attorney's fees), which it may hereafter incur,
become responsible for, or payout as a result of death or bodily injury
to any person, destruction or damage to any property, contamination of or
adverse effects on the environment, or any violation of governmental laws,
regulations or orders, to the extent that such damage was caused by: (i)
the Company's breach of any term or provision of the AgreeTllent or the
failure of any warranty of the Company to be true, accurate and complete;
or (ii) any negligent or willful act or omission of the Company or its
employees or agents.
7. INSURANCE
LES shall procure and maintain, at its expense during the term of this
Agreement, at least the following insurance covering the services to be
performed under this Agreement: (a) Worker's compensation - Statutory;
(b) Employer's Liability $1,000,000 each occurrence; (c) Public Liability
(bodily injury) - $1,000,000 per occurrence, $2,000,000 annual aggregate;
(d) Public Liability (property damage) -same as (c) above; (e) Automobile
Liability (property damage) - $1,000,000 each occurrence.
LES shall furnish certificates of such insurance to the Company, upon the
, Company's request.
8. INSPECTIONS
During business hours, upon reasonable notice, and when accompanied by a
representative of LES,
(a) the Company shall have the right to inspect and test, at
its own expense, transportation vehicles or vessels,
containers or facilities provided by LES and to inspect the
tank management and transportation operations conducted by
LES in the PQrformance of this Agreement:
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(b) the Company shall have the right to verify, by examination
of LEs's records, all invoiced amounts when firm prices are
. not set forth in a purchase order.
Notwithstanding the foregoing, nothing contained herein or elsewhere in
this Agreement shall require LES to disclose to the Company or permit the
Company to examine proprietary or confidential information of LES.
9. TERMINATION
(a) Termination by LES
LES may, by seven days written notice to the Company, terminate this
Agreement for any of the following reasons:
L the failure of the Company to make timely payments pursuant to
section 3 above;
2. if the work to be performed is stopped for a period of 15 days
under an order of any court or other public authority having
jurisdiction, or as a result of an act of government, such as a
declaration of a national emergency making materials
unavailable:
3. if the work to be performed is stopped for a period of 5 days or
more because of action by the Company and the parties are unable
to agree on adequate and fair compensation to LES occasioned by
the stoppage: and
4. if normal performance of the worK is delayed or rendered
impracticable for 7 days or more because of action by the
Company and the parties are unable to agree on an adequate and
fair compensation occasioned by the delay.
The Company shall pay LES the allowable cost incurred prior to
termination and any other costs reasonable incurred by LES to
implement the termination.
(b) Termination by Company
The Company may, by seven days written notice to LES, terminate this
Agreement for the following reason:
the persistent or repeated refusal or failure to
pursue the work set forth in the Scope of Work
or to comply with laws, ordinances, rules,
requlation, or orders of any public authority
having jurisdiction over LES which are material
to the performance of this Agreement.
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In the case of termination by the Company, the Company may take over the
work and prosecute the same to completion by contract or otherwise. In
such case, LES shall be liable to the Company for any additional cost
occasioned to the Company thereby: provided however, that the Company
shall pay LES the allowable costs incurred prior to termination and any
other costs reasonably incurred by LES to implement the termination. If
after notice of termination to LES, it is determined that the Company
wrongfully terminated the Agreement, an equitable adjustment in LES's fee
shall be made.
NOTICE
Any notice to be given under this Agreement shall be in writing and
addressed or delivered to the following:
For Company: For LES:
Laidlaw Environmental
Services (TM), Inc.
P.O. Box 71188
7630 A South Rail Street
Charleston, SC 29420
and
Office of the General Counsel
Laidlaw Environmental
Services, Inc.
P.O. Box 210799
220 Outlet pointe Blvd.
Columbia, SC 29210
INDEPENDENT CONTRACTOR
LES is, and shall perform this Agreement as, an independent contractor and
as such, shall have and maintain complete control over all of its
employees and subcontractors. Neither LES nor anyone employed by it shall
be, represent, act, purport to act, or be deemed to be the agent,
representative, employee or servant of the Company.
DELAY IN PERFORMANCE
If LES is delayed at any time from timely completion of the work to be
performed by any act of neglect of the Company, or by any separate
contractor employed by the Company I or by change order(s), or by labor
disputes, fire, explosion, accident, flood, sabotage, war, riot, unusual
delay in transportation, adverse weather conditions not reasonable
anticipatory, co~pliance with governmental requests, laws, regulations,
orders or actions, or any causes beyond LES's control, then the time tor
completion of the work to be performed and other obl igations of LES
hereunder shall be extended by change order for such reasonable time as
the Company and LES shall mutually agree upon.
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13. WAIVER
Any waiver by either party ot any provisions or conditions of this
Agreement shall not be construed or deemed to be a waiver of any other
provisions or conditions of this Agreement, nor a waiver of a subsequent
breach of the same provision or condition, unless such waiver be expressed
in writing by the party to be bound.
14. ENTIRE AGREEKEN'r
This Agreement and the purchase orders issued here under constitute the
entire Agreement between the Company and LES relating to the requested
services; and all previous representations are superseded and annulled.
No modification of the Agreement shall be binding on LES or the Company
unless in writing and signed by both parties.
~N W~TNE8S WHEREOF, the parties hereto have executed this agreement by
their duly authorized representatives.
LA~DLAW ENVIRONMENTAL SERVICES (TH), INC. (company)
By: BY:
Title: F.cili~v Manaq~r Title:
Date: Date:
9
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[ITY DF DELRAY BEAEH
100 N,W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 4071243-7000
MEMORANDUM
TO: David T. Harden, City Manager ~CTI1\) b ~ /TiH-
~obert A.
FROM: Barcinski, Assistant City Manager/
Administrative Services
SUBJECT: Agenda Item * ~~City Commission Meetinq, February 12, 1991
Contract Amendment Dubin & Associates, General Liability Ins.
DATE: February 8, 1991
COMMISSION ACTION
City Commission is requested to consider amending the Golf Course
Management Contract with Dubin and Associates by changing the General
Liability Insurance limits.
BACKGROUND
Mr. Dubin had requested consideration to lower the General Liability
Insurance requirements from $5,000,000 to $1,000,000. The contract
also requires the City to reimburse Dubin and Associates for the
premium costs. A copy of the insurance provision of the contract is
attached. City Commission agreed to this coverage at your July 24,
1990 Commission meeting.
Staff has prepared estimates on the premium costs based on a $500,000
policy with umbrella coverage. The estimates were based on gross
receipts of $1,500,000 ($1,400,000 golf course, $100,000 pro shop).
The premium estimates are as follows:
$500,000 + $1,000,000 umbrella $26,415
$500,000 + $5,000,000 umbrella $31,888
An additional option for Commission to consider would be to require
Dubin and Associates to carry $500,000 general liability coverage with
professional liability insurance. The estimated premium for this
option is $24,772. If Commission wishes to lower the coverage staff
recommends this option.
RECOMMENDATION
Consider amendment request and retain the existing contract provision
for $5,000,000 general liability coverage.
THE EFFORT ALWAYS MATTERS
... -
I
thirty (30) days written notice of cancellation
and/or restriction.
B. Comprehensive General Liability. Coverage must
be afforded on a form no more restrictive than the latest
edition of the Comprehensive General Liability Police
filed by the Insurance Service Office and must include:
1. Minimum Limits of total coverage shall be
$5,000,000 per occurrence combined single limit
for Bodily Injury Liability and Property Damage
Liabili ty, the basic policy to be in said form
wi th any excess coverage (and the carrier) to
meet the $5,000,000 minimum to be acceptable to
the City.
2. Premises and/or Operations.
3. Independent Contractors.
4. Products and/or Completed Operations. Gerecter
shall maintain in force until at least three (3)
years after completion of all services required
under the License, coverage for products and
completed operations, including Broad Form
Property Damage.
5. XCU Coverages.
6. Broad Form Property Damage including Completed
Operations.
7. Broad Form Contractual Coverage applicable to
this specific contract, including any hold
harmless and/or indemnification agreement.
8. Personal injury coverage with employee and
,contractual exclusions removed.
9. The City is to be specifically included as an
additional insured (inCluding products).
10. Notice of Cancellation and/or Restriction. The
policy must be endorsed to provide the City with
thirty (30) days written notice of cancellation
and/or restriction.
11. A Best Rating of no less than B+ 12 is required
for any carriers providing coverage required
under the terms of this License Agreement.
-5-
.
. I
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~ ~ 1)\-\-
SUBJECT: AGENDA ITEM #~t1 - MEETING OF FEBRUARY 12, 1991
SERVICE AUTHORIZATION NO. 1- COASTAL PLANNING & ENGINEERING
DATE: February 5, 1991
This Service Authorization is in the amount of $26,650 for engineering
services related to replacement of the seawall at Veterans' Park. The
scope of service for this authorization includes review of existing
conditions; a topographic/hydrographic survey; soil borings at 100
feet intervals along the wall; design of a replacement wall and
marginal dock; permitting; preparation of a plan and bid
specifications; contract assistance, and; construction observation.
Funding is available in the Decade of Excellence Bond Fund/ Veteran's
Park. Account balance $500,000.
Recommend approval of Service Authorization No. 1 to the contract with
Coastal Planning and Engineering for engineering services related to
replacement of the seawall at Veterans' Park.
Qpp.IJ.(}e/1Z '-..?)-o
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Agenda I tern No. :
AGENDA REQUEST
Date: 2/5/91
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: February 12, 1991
Description of agenda item (who, what, where, how much) : Service
authorization for Coastal Planning & Engineering for obtaining permits, engineering,
Rpp~ificationR and ~onRtruction observation of the seawall and marginal docks at
Vptpr::lnR' Park.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval.
Department Head Signature:
Determination of Consistency wi Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Direc~r Review (required on all items involving expenditure
of fu:DiJ.s hJ:. ' "dA~ ,;t-I'
Fun ing available: ~ NO
Funding alternatives: (~PPliCable)
Account No. & Description: $3!i- '1/~"-~tf';'l.l.t3 ~~('. t. ~1'.dL.dd
Account Ba~ance: /l51J~jJt'{) j:'~ / y'-L-f~-e 's ~
City Manager Review:
Approved for agenda: @/ NO 1M
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
I
/~ .. , . CDA"8"r.1O.LIl. DCEANENDINllSMINO
COASTAL PLANNING & ENGINEERING. INC. COASTAL BUlWEYS '
BIOLOGICAL STUDIES
GIODTECHNICAL BEFlVICti8
BO~ RATON: li48, N.W, BOCA'AATDN aOUI-IWARC, BOCA RATON, PL 33431 (407) 391-S10a TELEPAX: (407) 391-911B
SAnASOTA: 1 GO!;! MAIN STREET. SUITE BOO. SAI=lASOTA. FLORIDA 3423B (813) 385-5957 1l:Lef"AX: IB13) S54-t!l03B
JACKSONVILU::: , &57 WELLS ROAD. SUITt! ees, ORANGE! PARK. F\.OI=lIDA 32073 IS04) ~4-l)0:3Ja TI:LEFAX: (904) 2B4-5039
4818.83
January 30, 1991
Mr. Joe Weldon
Director of Parks & Recreation
Qty of Delray Beach
100 N.W. 1st Ave.
Delray Beach, FL 33444
Re: Englneerlnl Proposal for Veterans Park Seawall
Dear Joe:
This is a proposal for the engineering services for the Veterans Park SeawaU replacement
project. The work will be performed under our existing agreement with the City dated June
, 1. 1981,
A" we discussed at our meeting, Palm Beach County Department of Environmental
Resources Management (PBC-DERM) now requires a permit under their Wetlands
Ordinance and this was not anticipated in the original cost estimate. The cost of the work
will be as previously submitted plus a cost of $1,450 for the PBC-DERM permit. The total
co~1 is now $26,650. The work is further described as follows:
1) Update Engineering Inspection - The design engineer will visit the site to
review existing conditions pertinent to the design.
2) Topographic/Hydrographic Survey - We will perform a survey for use in the
design and construction plans. We will locate topographic features relative
to tbe wall including buildings, trees, walkways, etc. We will survey the IeW
from the wall to the navigation channel.
3) Soil Borings. Standard penetration tests will be performed at 100 ft. intervals
along the wall. This will provide data on soil conditions for design of the
wall.
4) Engineering Design - We will design a replacement wall and marginal dock
for this site. We will discuss site requirements with the architect, !
:
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4818.83
January 30. 1991
Page 2 I
I
5) Permits - We will complete applications and follow-up on permit processing
with Florida DER, Corps of Engineers and Palm Beach County. We will
respond to two completeness summaries for each permit with existing
information, Development of new information requested by the agencies
would be at additional cost and only upon your approval.
6) Plans and Specificationc; - We will prepare construction plans for the I
replacement wall and technical specifications. The specifications are intended
to be attached to the City's General Specifications.
7) Assist with Bidding - We will assist the City with bidding the project by
providing plans to contractors and responding to contractors questions. We
will review the bids and make a recommendation to the .Cit)'.
8) Construction Observation - 111is work will be as described in paragraph 1,6
of existing continuing services contract,
I have thought further about costs for the seawall project since our meeting, There are two
items which may affect the cost which were not considered in our original estimate. The
first is the removal and disposal of the old wall which we estimate at $35.000. The second
item is the PBC..DBRM requirements. As we discussed, the requirement for a PBCDERM
permit is recent. Their ordinance requires placement of rock riprap and aquatic vegetation
along replacement walls. If this is ultimately required, this will incre~e the cost by an
estimated $15.000.
Please approve this proposal so that we can start work on this project as soon as possible.
If you should have any questions, please contact me.
Very truly yours.
COASTAL PLANNING & ENGINEERING, INe,
~~~~
Kim E. Beachler. P.B,
Vjce President
KEB:jo
db01:481883,J29
c~t-ePatty Lutke
.~ .,;;;.
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COASTAL PLANNING &' ~NGINEER1NG:'INC. . -BocA RATON. SARASOTA>'.-JAcKSONVILU!
TOTRL P.03
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~
SUBJECT: AGENDA REPORT - MEETING OF FEBRUARY 12, 1991
REQUEST FOR PAYMENT
DATE: February 5, 1991
We received a request from Old School Square for payment in the amount
of $500 to underwrite the Mayors I Breakfast held on April 11, 1990.
It appears that a previous agreement between the former Mayor and Old
School Square was made regarding this issue. However, staff has
researched our records and found that no formal action was ever taken
on the initial request. Funding is available in the City Commission's
Contingency Account.
Recommend consideration of a request for payment from Old School
Square to underwrite the Mayors I Breakfast held on April 11, 1990.
C~[KJfl~ (J/,-/) !l-t) () e E~.()5
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jUemo CITY OF OURAY BEAC~(3
TO: J)"l>' 'D -r:,l/ "dJSN , e"l DATE:,;1 /1/91
FROM: f?Cb.v.T ~JN~Je; J AdP1
SUBJ: oJ,.)) S.J>~ -Sj"-<- M"'~ J/;Zt'
ru~b,~ /J1~e~ f3,.~/~
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oJf~e~, ::f tf!J-e.eP1tJ~ ~rf"e.n;
t'!b_'!>5'-r~..-.e A'lte-J di-'~/&-'.
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,January 28,1991 ,.,: EIVEi J
JAN 2 9 f
91 f
Mr. Bob Barcinski - I
ASST. City Manager ,1. SVCS f
City of Delray Beach '_____.. J
.'
100 N.W. 1st Ave. . .;~"" ./
Delray Beach, FI.33444
OlD Dear Bob;
SCHOOl Based on an understanding between Old School Square and
the Commission, i.e.,Doak Campbell, last January, the City of
Delray Beach agreed to be a co-sponsor with Old School Square
and The News of Delray Beach to underwrite The Mayors'
-SOUAR(- Breakfast on April 11, 1990, If you recall this was held at
Old School Square, and was attended by many of the Mayors'of
Palm Beach County, as well as leading businessmen in our
area.
In looking back over our records, I find that the City
has never paid for the sponsorship, Your kind attention to
this matter will be appreciated so that we may clear out our
books regarding underwriting.
For your information, the amount of the sponsorship was
$500.00.
s~~
Frances F. Bourque
Chairman of the Board 1Jatu,. J.
Old School Square
ar ~'~
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2:p;CDBBOB ~~~~~'
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Old School Square, Inc,
Post Office Box 1897
51 North Swinton Aienue
Delray Beach, Florida 33447
(407) 243-7922
'. .
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. -
MEMORANDUM
TO, MAYOR AND C~COMMISSIONERS
FROM: CITY MANAGE~ yr)7.<<
SUBJECT: AGENDA ITEM #~ ~ ~ - MEETING OF FEBRUARY 12, 1991
BANKER'S ROW PROJECT
DATE: February 5, 1991
This action is before you to provide direction and authorization with
respect to procuring consultant services under the Consultant's
Competitive Negotiations Act for the Banker's Row project. Recently,
the portion of the City Code which directed that the Commission
discuss a project with at least three qualified applicants was
deleted. We have received 16 Letters of Interest regarding this
project. A Selection Committee was formed which consisted of a
representative from the Old School Square Homeowners Associationj A
member of the Historic Preservation Board, a member of the Historic
Palm Beach County Preservation Board, and the Planning Director. The
Committee recommends that four firms be interviewed. The Committee is
prepared to conduct interviews on Monday, February 18th and to
recommend a firm for Commission consideration at your February 26th
meeting. Alternatively, the Commission may wish to review all 16
Letters of Interest, select three or more firms and conduct
interviews.
Recommend direction regarding the procurement of consultant services
under the Consultant's Competitive Negotiations Act for the Banker's
Row project
CQWV/WJ~ 10 'jfD teJ/ #5 d,,/jfl)(/YU.lc~-iui)
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ALISON MACGREGOR-HARTY, CITY CLERK
~~ \~~ ~. -
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 12, 1991
CONSIDERATION OF METHOD OF PROCEEDING REGARDING
CONSULTANT SERVICES FOR THE BANKER'S ROW PROJECT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
providinq direction and authorization with respect to
procuring consultant services under the Consultant's
Competitive Negotiations Act for the Banker's Row project.
BACKGROUND:
General Issue: The Banker's Row project focuses upon
redevelopment/rehabilitation planning for the historic area known
as Banker's Row. To undertake this project it is necessary to
obtain architectural and historic architectural services.
Funding for the project involves a grant from the State Division
of Historic Resources and matching funds (cash and in-kind).
The City has deleted those portions of the Code which directed
that the City Commission must discuss the project with at least
three qualified applicants. We have not adopted procedures which
dictate a specific manner of proceeding under the Consultant's
Competitive Negotiations Act ( CNA) ; thus, the following options
are available:
1) City Commission review of the sixteen submittals and
select three or more firms for interviews by the
Commission; or
2) City Commission review of the short list created by the
selection committee and interviews with the selected
firms by the City Commission; or
.
.
City Commission Chambers
Consideration of Method of Proceeding Regarding
Consultant Services for The Banker's Row Project
Page 2
3) City Commission review of the short list and
authorization for the selection committee to conduct
interviews and then recommend to the City Commission
the top three candidates in order of ranking.
Short List: A request for letters of interest has been properly
issued and there were sixteen (16) responses. A list of
respondees is attached. A selection committee consisting of the
following individuals reviewed the responses:
* Gene Fisher, Old School Square Homeowners Association
* Dan Carter, Landscape Architect, Historic Preservation
Board
* John Johnson, Director, Historic Palm Beach County
Preservation Board
* David Kovacs, Director, City Department of Planning and
Zoning.
That review resulted in the following short list:
(not necessarily in order)
* R.E. Chisholm, Architects, Inc.
. * Leslie Divoll, Inc.
* H. Carlton Decker, Architect, Inc.
* Urban Design Studio
The selection committee recommends that the above firms be
interviewed. The committee is prepared to conduct such
interviews on Monday, February 18th and then to recommend a firm
for City Commission consideration at its meeting of February
26th.
RECOMMENDED ACTION:
By motion, direct that the selection committee interview the four
firms identified on the short list and that the committee provide
a ranking, one through four, for Commission consideration.
Attachment:
* List of respondees
DJK#77/CCBANKER.TXT
,
I
Letters of Interest 01/30/91
fJ91-27
Bankers Row Preservation & Restoration
1. JHG/ Brenner & Jones
751 Park of Commerce Drive
Suite 118
Boca Raton, Florida 33487
(407) 241-6736
2. Winslow Elliott Wedin, Architect
Plum Park B21
141 N.W. 20th Street
Boca Raton, FLorida 33431
(407) 392-9216
3. Vega Architect & Associates
1876 N. University Drive #308F
Plantation, Florida 33322
(305) 424-1498
4. Anderson Baumoehl Architecture Inc.
399 W. Camino Gardens Blvd.
Suite 202
Boca Raton, Florida 33432
(407) 362-0220
5. Architectural Design Associates
11000 Prosperity Farms Road
3rd Floor North
Palm Beach Gardens, Florida 33410
(407) 626-7381
6. Gillett, Stevenson & Co., Inc.
1111 Third Ave. West
Suite 100
Bradenton, Florida 34205
(813) 746-4110
7. Raymond M Rood Architect
829 S.E. 9th Street
Suite #3
Deerfield Beach, Florida 33441
(305) 427-6617
8. Heisenbottle Architects
340 Minorca Ave.
Coral Gables, FLorida 33134
(305) 446-7799
9. HCDA, Inc.
311 Granello Ave.
Coral Gables, Florida 33146
(305) 444-8288
I
Page 2
Letters of Interest #91-27
Bankers Row Preservation & Restoration
10. Urban Design Studio
2000 Palm Beach Lakes Blvd.
Suite 600 The Concourse
West Palm Beach, Florida 33409-6582
(407) 689-0066
Ii. Leslie Divoll, Inc.
242 Eighth Street
West Palm Beach, Florida 33401
(407) 835-9362
12. Hunter McKellips Associates
1705 N.W. 6th Street
Gainesville, Florida 32609
(904) 377-7501
13. Seckinger Arango Architects
4201 N. Federal Highway
Suite E
Lighthouse Point, Florida 33064
(305) 785-6551
14. Anstis Ornstein Associates
4425 Beacon Circle
West Palm Beach, Florida 33407
(407) 844-7070
15. Vander Ploeg & Assocaites Inc.
Suite 100
1700 North Dixie Hwy.
Boca Raton, Florida 33432
(407) 368-1403
16. R.E. Chisholm Architects, Inc.
3134 Coral Way
Miami, FL 33145
(305) 444-9493
.
'.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE~~j)-rr"
SUBJECT: AGENDA REPORT EETING OF FEBRUARY 12 , 1991
AUTHORIZATION TO NEGOTIATE A CHANGE ORDER- OLD SCHOOL SQUARE
DATE: February 5, 1991
This item is before you to authorize staff to negotiate with Old
School Square, Inc. a change order for the installation of an
eight-inch diameter water line on N,E. 1st Street and N.E. 1st Avenue
adjacent to Old School Square. Old School Square did not originally
anticipate a need to remove the existing pavement on N.E. 1st Street
and 1st Avenue, therefore the water line project was not programmed
for FY 90/91. Subsequently, the pavement has been removed, and as
such it is now appropriate to install the water line and two fire
hydrants.
As Old School Square1s dedication is planned for March 9th, it would
be impossible to perform the necessary bidding requirements for the
proposed water line. Funding is available in the Public Utilities
1991 Revenue Bond Account.
Recommend approval of authorization to negotiate with Old School
Square, Inc. for a change order to install a water line and two fire
hydrants on N.E. 1st Street and 1st Avenue.
QflP--L~LfCOC ,j -0
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.
Agenda Item No. :
AGENDA REQUEST
Da te : 2/08/91
Request to be placed on:'
Consent
X ~~~l~r Agenda Special Agenda Workshop Agenda
When: 2/12/91
Description of agenda item (who I what I where I how much): Request City
Commission to authorize staff to negotiate a change order with Old School Square, Inc.,
for the installation of an eight-inch diameter water line on N.E. 1st Street and N.E. 1st Avenue adjacent
to Old School Square including two fire hydrants. Funding source shall be from the Public Utilities 1991
Revenue Bond Account number to be assigned by Finance Department. In the amount not to exceed $40,000.
ORDlHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommenda tion: Staff recommends approval to install an ei ght-i nch di ameter water 1 i ne and
fire hydrants before Old School Square Inc., repaves N.E. 1st Street and N.E. 1st Avenue adjacent to the
~ project. Old School Square did not originally anticipate a need to remove the existing pavement, therefore,
the water line proiect was not programmed for FY90/9l. It is mere cost effective to install a new water line
in the road area presently distrubed by their constructi9p activities.
/' /
Department Head Signature: 4JtJlf?::"_Q#> ~J~ "'>/~;f/
Determination of Consistency with Comprehensive Plan:
~
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: ~/ NOca" '~lql
Hold Until:
. ./
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
MEMORANDUM
TO: David T. Harden, ,q\'~~1
City Manager
FROM: William H. Greenwood, Director 1)J ~I(
Environmental Services
SUBJECT: OLD SCHOOL SQUARE
8" DIAMETER WATER LINE
DATE: February 8, 1991
Old School Square initially was not planning to perform any
work on N.E. 1st Street or N.E. 1st Avenue. However, field
conditions necessitated removal of pavement on the City
Streets. In an effort to take advantage of the least cost
to the City, it is is advisable to install a new 8" diameter
water line to replace the existing 2" diameter water line.
Loop to connect Atlantic Avenue to Swinton Avenue. In
addition, two (2 ) fire hydrants will be installed for fire
protection.
Old School Squares dedication is planned for March 9, 1991,
therefore, it is impossible to perform the necessary bidding
requirements for the proposed water line. We request the
City Commission to authorize staff to negotiate a change
order with Old School Square, Inc. , for the installation of
this proposed water line.
Once the new water line is installed in the area already
excavated by Old School Square, Inc. , the roads will be
repaved.
WG: j af
cc: C. Leverett, Agenda Coordinator
WGOSS
File: Memo to City Manager
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~0Jvr
SUBJECT: AGENDA REPORT - MEETING OF FEBRUARY 12, 1991
AUTHORIZATION TO NEGOTIATE A CONTRACT FOR VALUE ENGINEERING
SERVICES
DATE: February 5, 1991
This item is before you for authorization to negotiate a contract for
Value Engineering Services with firms or individuals certified to
perform Value Engineering Services on the Water Treatment Plant. This
item is being brought before you in an emergency manner in order to
expedite processing. CH2M Hill proposes to be at the 30% design phase
by the week of February 18th. Selection of a firm to provide Value
Engineering Services following the provisions of the Consultant's
Competitive Negotiation Act would delay selection until early April.
In order to keep the water treatment project on schedule and cost
effective, it is appropriate to waive those provisions and authorize
negotiation. The total project cost will not exceed $20,000. No
individual contract will exceed $6,000. Funding is available in 1990
Note Construction Fund/Engineering-Water and Sewer Fund (Account No.
444-5164-536-33.11).
Recommend waiver of the provisions of the Consultant's Competitive
Negotiation Act and authorize staff to negotiate for Value Engineering
Services.
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Agenda Ite. No.:
AGEIIDA REQOBST
Date: }o"eb. 8,1991
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: Feb. 12, 1991
Description of agenda item (whol what I wherel how much): Request City
Commission authorize the Environmental Services Department to contract with tirms
if ied to erform Value En ineering Services on the Water
an . Total cost not to exceed 20,000, with no individual contract
tn ~vp~~n S h.OOO. Fund source 444-5164-536-3311.
ORDIIlAllCBI USOLOTIOII 1lBQOIIlED: YES/NO Draft Attached: YES/NO
;..; completed until early April. In order to
assure the City of a cost effective pro-
e basis.
Department Head Signature:
DeterainatioD of Consistency with Coaprehensive Plan:
:-,
City Attorney Review/ Recommendation (if applicable):
Budqet Di~ctor . Review, (reqm1re4 00 all ite.. iovolvinq expenditure
of funds): .K.~vt~Lu l-/8'/11
Fund ng available: ~ NO
Funding alternative . . (if applicable)
Account No. & Description: ~~f~ fJ/...{.,. tMd" /A',Vf''A,J ef'AA:;" ..- /.t& -f SuJt:. rd_
Account Balance: /PI) ~O 59. ..d/' " '1'1'1~~ ~~5,J,,33-11
City Hanaqer Review, ~
Approved for agenda: G NO, /lj3/"I
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
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MEMORANDUM
TO: David T. Harden, Director 1J.l~~ \'11
Ci ty Manager
FROM: William H. Greenwood,
Environmental Services
DATE: February 8, 1991
SUBJECT: VALUE ENGINEERING SERVICES
WATER TREATMENT PLANT
The Environmental Services Department is presently in the
process of selecting consultants to provide Value Engineer-
ing Services. It is presently anticipated that this process
will be completed on or about April 1, 1991.
CH2M Hills design of the water treatment plants modification
will be at the 30% complete point the week of February 18.
This is the point which Value Engineering should be conduct-
ed.
Since we will not have our consultants on board by that
time, Environmental Services proposes to put together a
Value Engineering team comprised of individual certified
Value Engineering Specialists in each of the disciplines, to
utilize the services of Edward J. Nichols and Associates to
lead the team. Mr. Edward J. Nichols is a certified Value
Engineering Specialist, and helped develop the Value Engi-
neering procedures for the Federal government.
Request City Commission to authorize staff to negotiate
contracts with individual Value Engineering Specialist
Disciplines. Estimated cost not to exceed $20,000.00 for
the entire project.
Since the Water Treatment Plant project is one of the
largest capital projects undertaken by the city, Environmen-
tal Services believes that it is imperative that it be Value
Engineered. We, therefore, request the City Commission to
approve these funds
WG : j a f
cc: C. Leverett, Agenda Coordinator
MG1
File: Memo to City Manager
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE~~-;7~
SUBJECT: AGENDA ITEM #~ ~ ti - MEETING OF FEBRUARY 12, 1991
APPOINTMENT OF A MEMBER TO THE COUNTYWIDE PLANNING COUNCIL
DATE: February 5, 1991
This item is before you to place a name in nomination to serve as the
Palm Beach County Municipal League's large cities representative on
Countywide Planning Council. The large cities representative is
selected based upon their cities population. According to the latest
census Delray Beach has a greater population than Boynton Beach.
Therefore, the Municipal League is asking that we submit a name for
appointment.
Recommend appointment of a Commission member to serve as the Palm
Beach County Municipal League's large cities representative on
Countywide Planning Council.
nt r') , Q~rLt.UIbJ 011 CL -t.~y ~
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Palm Beach County MUNICIPAL LEAGUE
p,O, BOX 1989, GOVERNMENT CENTER, WEST PALM BEACH, FLORIDA 33402 (407) 355-4484
\'/ ~':~
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fEB 0 1 91
:,;-' l> ... "'",
TO: CITY CLERK FOR 2/12 MEMORANDUM " ~....~.- '....~.
MEETING. RAB
TO: The Honorable Tom Lynch, Mayor Delray Beach
Mr. David Harden, Manager
FR: John Makris. Executive Directo~
DT:
January 30, 1991 v
RE: Countywide Planning Council
---------------------------------------------
---------------------------------------------
The term for one of the large cities representative, Mr. Dan
Ritcher of Boynton Beach, will expire in March of 1991. We select
the large cities representatives based on their cities population,
and according to the latest census Delray has a greater population
than Boynton. Therefore, we are asking your city to submit a name
to the Municipal League for consideration at the February 13, 1991
Board of Directors meeting.
The Board of Directors serves as the Ad Hoc screening committee and
will make recommendations to the General Membership at the February
27th meeting.
Your prompt response in sending a name to the League office before
the February 13th Board of Directors meeting will be greatly
appreciated.
Thank you.
c: David T. Harden
,. '.f" .
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Palm Bearb County MUNICIPAL LEAGUE
P.O. BOX 1989, GOVERNMENT CENTER, WEST PALM BEACH, FLORIDA 33402 (407) 3515 us.
....
IODIOItAlIDUII .fi; 1: ~
,~ "
'- :t...:,~ {,';
"1'0 : The Honorable Tom Lynch, Mayor Delray Beach F ' ,i .f' l~
E81 . ."
Mr. David Harden, Manager CITy, 1997
M4N"',_
ft: Juhn Kakr~8, Bxecut~Ye Directo~ 11(;1-2'_
'- , ,~ Off-I r
C[
DT: January 30, 1991
U: Countywide Planning Council
=_=============a=======__====__=cc_====_=__==
'!'he term for one of the large cities representative, Mr. Dan
Ritcher of Boynton Beach, will expire in March of 1991. We select
the large cities representatives based on their cities population,
and according to the latest census Delray has a greater population
than Boynton. Therefore, we are asking your city to submit a naae
to the Municipal League for consideration at the Pebruary 13, 1991
Board of Directors meeting.
The Board of Directors serves as the Ad Hoc screening committee and
will make recommendations to the General Membership at the February
27th meeting.
Your prompt response in sending a name to the League office before
the February 13th Board of Directors meeting will be greatly
appreciated.
Thank you.
,,' .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER m WCyH-
SUBJECT: AGENDA REPORT - MEETING OF FEBRUARY 12, 1991
APPOINTMENT OF A MEMBER TO THE BOARD OF ADJUSTMENT
DATE: February 5, 1991
This is a Mayoral appointment of an alternate member to the Board of
Adjustment to a term ending August 31, 1991. This appointment is
necessary to fill the vacancy created by the appointment of Richard
Eckerle to the Code Enforcement Board. We have received the following
applications:
Scott Bechtle
*John G. Baccari Marc Shepard
Mark David Sidney Soloway
Dorothy Patterson Horace Waldman
*Currently serving on the Board of Construction Appeals.
Recommend appointment of a member to the vacant alternate position on
the Board of Adjustment.
,~~ &j~Jctl~
~.N.
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MEMORANDUM
TO: David T. Harden, City Manager
THRU: Alison MacGregor-Harty, City Clerk~
FROM: Anita Barba, Board Secretary
SUBJECT: APPOINTMENT OF AN ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT
DATE: February 4, 1991
On January 8, 1991, Richard Eckerle was appointed to the Code
Enforcement Board which created a vacancy on the Board of Adjustment
for an alternate member to a term ending 8/31/91.
The following persons have submitted their names for consideration:
John G. Baccari (currently serving as a member of the Board of
Construction Appeals)
Scott Bechtle
Mark David
Dorothy Patterson
Marc Shepard
Sidney Soloway
Horace Waldman.
Their resumes are attached for your review.
Per Code, the Board of Adjustment shall consist of five (5) regular
members and two (2) alternates. In order to qualify for membership, "A
member shall either be a resident of or own property in the City and/or
own a business within the City."
Based upon the rotation system adopted by the City Commission in March
of 1990, this appointment will be made by Mayor Lynch (Seat f/5).
nnboa.txt
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, CITY OF DELRAY BEACH
SOAlD MEMBER APPLICATION
~
CJQ:) .- N. ........L- t1UJ-t · ~~
PRINCIPAL B~SINESS ADDRESS ~Scr..c, C~:y, :~~ Coa.)
HOME PHONE 3t:S:~ESS PHONE
ON WHAT BOARDS ARE YOU INT[REST[O I~ SERVr~G e.A,' ') ., ~.
JQ~no " ~~.~ ~.~. ~ ..~...evr..
~~.,. ANt:>> ...~ "~4tDt
LIST ALL CITY BOARDS ON WHICH YOU ARE C~RllENn Y SERVING OR HAVE PREVIOUSLY
SERVED (Pl.... includ. d.c..) ~~N ~ G.A... ., lIP ~Ma/'I
EDUCATIONAL QUALIFICATIONS ~u.o.s UN\l. etOt ~. ~",~
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
-.. ~n8CT , ..4.--".1. CDh.tr\...~, WO. .W't'. I'JJ. ~~
GIVE YOUR PRESENT. 01 MOS! lECEM! EMPLOYER. AND POSITION
A\.P. ~IID
DESCRIBE EXPERIENCES. SKILLS 01 KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD IN '4Jnt' 11\.. ~ ~ ~
~lfCrl~ ~...~,..or . dll.a.. <ZIh,~1OIl-
PLEASE ATTACH A BRIEF RESUME.
r HEREBY CERTIFY THAT ALL THE ABOVE STATE."lENTS ARE TItt: E. A.'lD t AGREE A.'lO
UNDERSTAND THAT ANY MISSTATEMENT OF ~TERIAL FACTS CONTAISEO IS tHIS APPLtCA-
nON MAY CAUSE F01FEITUItE UPON :-rt PART OF ANY APPOINTMENT I MAY lECEtVE. . e /'
; /~ /10 /;JIJ '- '.Jp7:1,.~ d;o ~ .1.-"A, C'1"1
o ,~~I'&f~
DATE 4/90
I
"'riM
CITY OF DELlAY BIAC!
BOARD MEHBER APPLICATION
SAME ;3 ec.H 7'7-.E _
2Z .~,. 3 v j).2~y J<"~~
HOME ADDRESS (Sereee, City, Zip Cede) (LEGAL RES!DESC~
-5'S J 5 Z !5 71J. 5 ;- J !) e J..~ A'./
?RISCIPAL 8USI~ESS ADDRESS (Sereee, Ciey, Zip Code)
HOME PHONE 4JiCf - q~ 83 BUSINESS PHONE ~~ - / q,tj4
ON WHAT BOARDS A1lE YOU I~!ERES!ED I~ SERVINC A~A<" ~ ,4,.....J~..J
~~C6-/~""6.. ~J) c,.:. j~~;-"~ '" Boa.v-- cl. &f' ~ u5t~E' f\-'t
LIST ALL CITY BOARDS ON walCH YOU ARE CURRENTLY SERVING 01 HAV! PREVIOUSLY
SERVED (Pl.... include daee.)
/
'/(/QAI~
EDUCATIONAL QUALIFICATIONS A6 - ~ r~ .
A:l.i) 19 p h,y'~...b4!
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
-
CIVE YOUR PRESENT, 01 MOST RECDIT EMPLOYER, Ai.-m POSITION ~*-rr~~'7Jc
l~~CL19aJ/w'''7'~LUJJJJ44. ~ - (~"A,r P'v'161V"
, r
DESCRIBE EXPERIENCES. SKILLS 01 IHOWLlDGE walCH QUALIFY YOU TO SERVE ON rHIS
BOARD . 1 '
~ /....._~ j ~ .-.'~ ....., ~ ~- -t'"...-J,LL.~' <1',
PLEASE ATTACH A BRIEF RESUME.
r HEUBY CERTIFY THAT ALL THE ABOVE STATEMENTS AaE TIlUE. AND t ACREE A..~D
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. ~ 1
_ Qi 11/&/90 .-oZUl ~.k1:r4
, Ittr 6dt4 ~ Of. ~", /t;c:;Q
S ICNA ' DATE--
4/90
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key ~.ctor acudie. ad St.u..at of Work (SOW) adberac:. to r...
qu1~__C.. aa.poaeibilicie. lnclud. .11 accouactDI ... cas
r.,.rc ,~e..~ac1oe. CODcracc propoe.l .ah.nc...ac. ~ ~.rall
corpo~.c. ~D1acr.cion. 'nlia v.. . one y..r couultac
.cr....nc CODcrac. Witb a prior ..,loy.r.
CINEMA 'M' DIAITIOUSE. tNC.
Jackaonvill., Florid. 32211
Jun. Poa1t1oa: PT..id.nc
1981 Oper.t.d oa. of tb. ~ac proflcabl. ~vi. Ch..cr./r.acauranc
to coabiaac1OD frucb1.e oper.cioaa n.t1oa.lly. aeapoaa1bl. for all
Sepuuer pTofiC aad loa. accouac.billCy, atr.t..tc plaDDial aDd a~nlatra-
1985 t1ve oper.t1ou. A eruly unique and oft.a copied coac.,e. .xpaaaion
v.. und.rway 18 botb eb. Northe..t and rlorlda ..~keca. All lDur.au
reU.nqu1abe4 October 1. 1985.
'1'U C1Id'rD CClCPAft
C'lAaTD. slCUaIn LIn. Chart.r Iuuraac. Group. IDC.
J.ckaonY111.. rlorida 32202
Oceob.r Po.1t1OD: Vice Pr..id.nt/Dir.ctor of riDanc. aad 1ud,.C1n.
1980 a.lpoa.ibl. for all fln.acial r.portin. ..p.ct. of eba holdinl
co co.p.ny dir.ctly sup.rviI1n. full concrol of nin. .ublidiari..
Karch includin. Chare.r S.curiey Lif. In.ur.nc. Co. W.. iuerua.nt.l
1982 in profie.bi1iey .cudt.. r.lae1n. to n.v product d.v.lo,..nc.
a. v.ll .. the corpor.t. bud..cinl proc... culaiaatiaa wieh
ch. ADDual Pla. Wa. a k.ynoe. concrlbucor 1a tb. y.ar .ad
pl.nain. .nd pr...at.tion of lo.rd of Dir.ccor. r.porc..
Adaini.c.r.d ~tbly tinancial r.port pr...nt.tioa. of .11
.ub.idi.ri.. ad provid.d .x.cueiv. ..a.....nt .tudi... rr.-
qu.ntly und.rtook ap.ci.l project. iacludlnl quarc.rly op.r.cioaal
revie.. .nd aaa.....ae repore. IY.c,,, (MIS). P.rcicip.ud
act1v.ly in ...re..iv. acquilltlon procure..nt.. D.lIOn.crat.d
seron. t.chnic.l prof1ci.ncy in . "t.k. chari'" enviroDIHnt while
adherin. to a ri.idly .cructured 'sch.dul..
THE PLAMltIG IISIAICI COlPOlATION. Ft. Ko~uth. N.v J.rs.y and
KeL'.D. Virlin1a
March Po.iUoa: Coaf1cur.cioa NaDa....ne Adaini.tr.eor
1979 R.s~on.ibl. for 'laaaia. and Contr.ct Support fo~ the Joint
to Int.rf.c. Taak rorc. eo..&ad.r of the Joiac tnt.rop.rability of
Octob.r T.ccical C1 --~ and Concrol SYlc... (JITF-JINTACCS). Provid.d
1980 ov.rall d1r.cC1oa tor pl.nDin. c.le conduct, and ....ur...nc
- .v.1uaCioa for .chi.ve..nt of Co.p.tib1lity and lnt.top.tability
of cb. Military Servic.. in . t.ctic.l environ..nt. Supervi..d
autoaation for IIOnitorin. .nd r.port1n. of t.st co.pltanc.. result.
and sub..qu.nt r.c~.nd.t1ons to the Dep.rtm.nt of o.f.ns. (oOD) and
variou. N.tion.l S.curity AI.ncies .s to t.st .ff.ctiv.n....
Addition.lly r.ltructur.d and i.pl...nted a fully automat.d financi.l
r.portint sYlt.. for contr.ct adh.r.nc. which w.s sub..qu.ntly .dopt.d
by the D.t.n.. Contr.ce Audit As.ncy (DCAA). Ma1ncain.d an .xt.nsiv.
cl1.nt 1nt.rf.c. a. direct 11.ison vith the Joint S.rvice Offic..
u . N.tur. of vork v.. I.naitlv. to N.t1on.l l.cur1ty .nd h.ld a .ecurity
lev.l aC or .bov. TOP SEelET.
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CITY or DELaAY aUCH I!v ' r /;,',/9u
BOARD ~EMlE~ APPLICAtION
~AMl ~ ~i...\< 1:> A \J \ D
'i C> 0 1:>oVA.a. Q.b ~'oS F\ b!.~ t...~ 1 \ ~ -\- 5
HOME ADDRESS lScruc. Cie::, .:~~ C.:ldel ',:'EC.u. RESI:lESCE)
c:.~~v ~~~'- .$0 %l...\JE. ~i..Q.o~ ~L'4~\\J\E.A..~ ~c.~
PR!SCIPAL a~Sr~ESS ADDRESS ,5~ree~, ~~:y, Zip C~d.)
HOKE PHONE 4-~ ~ -4'1 '12... 3t:SISESS PHONE ~ 4- 5 -4 C " 0
ON WHAT SOARDS ARE YOU :STERESTE:l r~ SERV:SC
~OAQ..'!) O~~
~\ \L .'-"'~ ll." \ E..~ t. ~ttJ~ t.~Wc.~
tIST ALL CITY SOARDS ON w~ICH YOt: ARE Ct:RAENTLY SERVING OR RAVE ?REV!O~SLY
SERVED (Pl.... includ. Q.ces)
~ 0 ". Q. b 0 ~ ~ 1:) ":J"'\J !. -T' "" a ~ ,... ~ '1.eAJ. S .
EDUCATIONAL QUALIFICATIONS ~"~'"t"..~s. c:.\~~ 'L."~~ \~ ~
~hc.\I\.""'Ot. a..l.c.'-l \-ra(..~\J ..~
tIst ANY RELATED PROfESSIONAL CERTIFICATIONS ~~ LICENSES WHICH YOU HOLD
t),\c..~ - ~k~ ~...A~'~-- ~ 1 c~ ~~.
GIVE YOUR PRESENT. 01 MOST RECENT EMPLOYER. ~~D POSITION
<:",,,,'1 .~ Q.\"\~-'__ e.c.." - ~E.~\OL 9\.A"~ lA-
DESCRIIE EXPERIENCES. SIILLS 01 lCNOWLEDGE w~ICH Qt:ALIFY YOt: TO S:;:r:E Q~ tHIS
SOARD /
qllo;'!'~~ \OW,...\. c..\TY PUtrW ~~ ~C:~ 'TaC.~
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~t."'C.Tl'~L..L ~~c.@.""r' ~ ac c..\~", QL..~~ ~ \\J c.J
S\~E.. ~\J\E~'" eo...."""u~ \~"1 ~.~I.~Q...-.J~.
PLEASE A!TACH A BRIEF RES~~,
tHEREBY CER!!FY !HAT ALL THE ABOVE STA!~~STS AlE :R~!, A~O : ACR~~ ~~o
~NDERSTAND !HA! ~VY MISSTAT~~ENT Of ~!ERIAL FACTS CON!Ar~EO rs :~:5 .~?t:CA-
nON ~Y CAt:SE FORFEITURE t:PON ~ PAlT OF ~"Y AlPOINntEST I ~\' ~EC~:':E.
~~'P.~_~ U ~ClO
SIGNATURE DATE
4/90
'.
I
CITY OF DELRAY BEACH
BOARD MEMBER APPLICATION
NAME ~4h.i L,c.). 7~erso h
\ 2.,0 to IJ-E 2.'" d It uL- ,1)e (~1{, ~4 c" I F L 1~tt'tLj
HOME ADDRESS (Street, City, Zip Code) (LEGAL RESI ENC~)
:i)e\ ,~o..c--R. \~V\C~\ ~C-\.t'~ '3-:\ '-P-(
, l-J \ S T-- S\. \ 4.v ---L l{
PRINCIPAL BUSINESS ADDRESS (Street, City Zip Code)
HOME PHONE '2..'1 <i? - ~ c:r I BUSINESS PHONE 243-'O~2-
ON WHAT BOARDS ARE YOU INTERESTED IN SERVING
L b..6 0 q" va ~E=- A~J \U~r----
LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY
SERVED (Please include dates) ~\~ \~-{ Cf 0
o.\~oAe- c.o~e ~Y\~~t- \1ooX""d.
EDUCATIONAL QUALIFICATIONS .BA - ~\v. of- F-L- I ~-P\ .- ~ Lt _
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD
~L B~\JQ..r.s ~e..- C~l- "E..S~':.~ .
~€-V ~ ~(!~~e..-~ ~ OV~'l~
GIVE YOUR PRESENT, OR MOST RECENT EMPLOYER, AND POSITION
:D'B~S - \O\...l,.r coo~ l.(\ aA-ov- ~ 'O-rc..kl V'~ -
Y'OO~
DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS
BOARD ::t:n ~\"""'o" +-0 alooIAL.. ~ Wh" e. () ~ <:) '- ~C&.l~ 4>\4.20-
RPd \ ~~-k -t..-v-. l'" ~p~~ ~~ :D.\d ";U)n-\~ a ~e.s
<l- l.l2x1t:l,nCL" ~\.Ca.-h c:m5 ~r Gu.l(=. 0, I 0-..-0 -:De +'I.~~
\~ -~'CO~ -:PAliV\ ~c-h. C-\:)~~s. ~ ~k.cd ~r
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CJ,QSJ'C Co~ ~~.e \Y-et.f.<<lcaQ,le- ~(opDYS, ~ ~.A .5\-4"-L
PLEA E ATTACH A BRIEF RES . ~\ C~1.
I HEREBY CERTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA-
TION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE.
~ -7A?/q I
SIGNATURE DATE
r. S~ \}r- i~ \)JOvk", 7"~'\)LL GVOWl-
"' I
\ v. . ... +
AREA OF EXPERIENCE Art
1984-89 Design/Color Coordinator GE/Trafalgar Developers
of Florida
Free Lance Design projects Highland Beach and
Palm Beach.
Allied Member/ASID (American Society of Interior
Design)
Art Review COlumn/Native Sun Newspaper/Delray Beach
Ad Hoc Committee to Review Public Art/Delray Beach
**********************
Impressionist style painter approximately 30 years
Oil, watercolor, and acrylic. Old Master's Style
portraits.
Extensive travel in Europe, Asia, and Carribean.
Ocala, Florida
Instructor/childrens' art classes/member Ocala
Art Group and Ocala Art Center/exhibited at
local galleries and shows.
Education B.A. Degree University of Florida 1969
B.A. Degree in Art, Florida Atlantic University
1982/Exhibited in Senior Show
Courses included design, drawing, painting, and
art history.
Training Bill Hendrix, St. Simons Island, GA, oil painting
Robert Camp, Ocala, FL (illustrutor of Marjorie
Kinnan Rawlings books) oil painting
Franklin/Ocala Art Center, clay sculpture, ceramics,
and acrylic painting
Amory School, West Palm Beach, FL, oil painting
'. ,
RESUME OF QUALIFICATIONS
DOROTHY W. PATTERSON
1206 N.E. 2nd Avenue
Delray Beach, FL 33444
Telephone: (407) 278-2191
EDUCATION University of Florida
B.A. Sociology 1969 (class standing/upper 10%)
Electives: Psychology, English, German
Florida Atlantic University
B.A. Art 1982 (class standing/upper 10%)
Courses included: Design,drawing,painting,
and art history.
TRAINING Business practice courses/high school and college
(Can compose and type business letters and reports.)
Word Processor Course/South Tech 1983
Florida Real Estate Sales and Broker's Course
1979 and 1982/Active Florida Broker's License
AREAS OF EXPERIENCE
Real Estate/Construction/Interior Decorating/1979-1989
9/88-Presen~Metro Construction/Advertising Coordinator
(part-time) Mailings and development of
new' brochure.
Assisted real estate investor/design, renovation
decoration/bookkeeping Palm Beach house (now
complete) . Sold rental property.
Native Sun Newspaper/Art reviews/CRA reporter
feature articles.
Assisted general contractor husband/worked on
renovation of own home and 4 rental units.
2/84-9/88 G.E./Trafalgar Developers (Coronado Ocean Club
Project, Highland Beach)M~rketing7Departmerit-.
Sales office administrative duties: preparing
all sales contracts, banking customer deposits,
invoices, sales reports and statistics,
composing letters and reports.
Liason with construction office and design
firms, contracts and follow-through/buyer
custom item and color selection.
-*: H,.sf0-0 C C\.. ( ,
l;)eLy-~ ~Q0t.. ~le~
I ~ ,
,
..
.
.'\,'.:i:J j:::; t:cd \, it h Sd Jl.;:~ , , ""J tor <.l d V c-' L' L i ' , 1 1HJ
dnd public rc:ddt.i(I!, ;;"l..' II t iJnd ii;lplL:lii,'il [.(1 t lOll
of activities progrdm ilt. Beach Club.
Bacl<:grounding and furnishing (favorite part of job)
approximately 20 apartments in-house. Selecting
and purchasing furnishing and accessories, obtain-
ing and supervising subcontra,ctors.
~nd of project: (after customer service manager
resigned) Hanaged customer service office/supervised
one employee doing punch out at Coroando and Boca
Marina Yacht Club/handled customer complaints/
purchasing materials/invoices. (Project sold out/
office closed. )
1902-0'1 ~'alm Plaza Real Estate, Inc. BroJ<:er /O\vner
Sales, bookkeeping, advertising, Hultiple Listing
fOLms, 3 associates, rental property management/
variance and rezoning applications Gulf Oil and
Delta Petroleum.
Member Pompano Board of HEi\LTORS 1979-85.
Completed required and optional training.
1979-01 Metro Construction & Real Estate /Sale Associate
Listings with Classic Construction, Boca Raton Bath
& Tennis Club. Sales/planning advertising.
MEMBERSHIPS
American Society Interior Design (ASID) Allied Member
Pineapple Grove Support Group, Inc./ President/Treasurer
(Volunteer support for redevelopment of old core mixed use
neighborhood.)
Dell Park HomeO\vners Association/Acting Vice-President
Palm Beach Futures Group
Delray Beach Historical Society
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AREAS OF EXPERIENCE
1969-78 Social ~vork
Florida Health & Rehabilitative Services/Socail Worker
Supervisor Adult Services Unit/ V.R. Counselor/Heal on
Wheels Site Nanager.
Developed one of the most successful programs in Florida
for adults released from institutions. On own initiative
created training program for caretakers, activities program
and n e \" s 1 e t t e r for clients. Raised additional funds in
community for dental and medical needs of clients not covered
by state.
Supervised 8 employees, I-lorked on government grant for Meals
on Wheels program. Liason with state hospital staff and
local psychiatric resources. Extensive interviewing and
crisis intervention.
COLLEGE AND INTERIM EMPLOYMENT
Secretary 1 a'" firm, secretary psychology department, pUblic
opinion survey, substitute teacher/public ~chOols~ Metrill
Lynch cashiers office.
MEMBERSHIPS
Mental Health Association/Board of Directors
Sheltered Workshop/Board of Directors
Other extensive volunteer work in Ocala, Florida/charitable
and civic organizations.
CITY or DILIAr IIACI . ~O
BOARD MEMIII A"LICATIO. ~ q-
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NAMI
,. 'tf 0 :TIJ.N;per" 0,< Ve.. I 0el,." ~c.hl 33 tf4-S-
HOME STREET ADDRESS. CITY, ZIP (LEGAL RESIOENCi)
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PRINCIPLE BUSINISS STREET ADDRESS, CITY. ZIP
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BOMI PHONI BOSIN!SS PHON!
OB VRn BOARDS u~ rOD IIIT~g II Sln~B~ ~ /~./~
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LIst ALL CITY BOA IDS ON WHICB YOU ARI CUIIIITLY SERVIIO OR RAYI PRIVIOUSt
SIRVIO (Pl.... 1Dolud. dat..) NcNf!-
QUALIFICATIONS &,.c~t. ~,.
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~ LIST AIY RELATED PROFESSIONAL CERTIFICAtIONS AND LICENSES VRICB rou HOLD.
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OIV~ YOUR PRISINt, OI~MOST RICllt EM~OYII, AID POSItION _PJ~ ~ ~~I
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I HEREBY CIRtIrr TIAT ALL THE ABOVE stAtEMENts ARE TRUE, AND I AGREE AND
UNDERSTAND TRAt ANt MISStATEMENT OF MAtERIAL FACTS CONTAINED IN THIS AP-
PLICATION MAY CAOSI FORFEITURE OPON MY PART OF ANY APPOINTMENT I MAY
RECEIVE. / I/; ~!..i.{ ~
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SIO TURI' DATE
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CITY or DILIAY BIACI
. BOARn MEMBER APPLIc~rIO.
SI4,^~'i S. SO {OYJ~
NAME
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HOME STREET AODRESS, CITY, ZIP (LECAL RESI NCE)
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PRINCIPLE BUSINESS STREET AOORESS, CITY, ZIP
------ --
~a- li_l~ S~""
HOMI PHONE BUSINESS PHONE
ON WHA~RDS ARE YOO 11ERE~ED ~~~NG ~o.,^~"V\, o.~ ~,,~\~
~ - ~l'~ CLl> ~ ~ w. _
LIST ALL CITY BOARDS ON WHICH YOU lRE CURRIMTLY SIRVING OR HAVE PREVIOUSLr
SE VED ('1.... ~C1Ud. d.t..)
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--
EDUCATIONAL QUALIFICATIONS '1..~n ~l -----
-- - --- ~-
- - ------
LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD.
_ _ _ ___..J:J. tl~ .. __
------ ---
GIVE YOUR PRESE~~MOST RICENT EMPLOYIR, AND POSITION
~-~,. -
-
DESCRIBE EXPERIENCES, SIILLS OR KNOWLEDGI WHICH QUALIFY YOU TO SERVE ON
THIS BOARD. '-l1~ 0--.. U"~-'''''1 '" ~o~~ ~o!!:!lt.
- -
-- ----- ---
PLEASE ATTACH A 8RII' RESUME.
I HEREBY CIRTIFY THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I ACREE AND
UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL rACTS CONTAINED IN THIS AP-
PLICATION MAY CAUSE FORFEITURE UPON MY PART or ANY APPOINTMENT I MAY
RECEIVE. ~' /9 41 4~ /J t<
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DATE
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CIn OF DELRAY aEAa
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'NCE ' -t- ':;f J . LJ ~ A r--J
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HOKE PHONE Lf~1- 1--7 g -c? 0 V' 3CS!~ESS PHONE
ON WHAT BOARDS AlE YOU :~!EREStED ~~ SERV!~G
. fl;nc1
LIST ALL CITY B ARDS ON WHICH YOC ARE C~lRENTLY SERVING OR RAVE PR!\'!QCSi-'(
SERVED (Pl..s. includ. dates)
EDUCATIONAL QUALIFICATIONS ~'J~&-f:.- C-u OuA-rL -
B.$'. IH &rl}/E:.SJ A-v ~ I HI r-rt-mo ~ _ f1 ~.J IJ ~ I N
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LIST ANY RELATED~I01ESSIONAL CEITIFICATIONS AND LICENSES WHICN YOU KOLO
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G~! YOn PUS!NT, 01 ~ RECENT OOLOYEI; A.om POSITION PA~-rn El-
~ f)'J .ctcMfJlJ..jf U,II{rm1l1 H~I
DESCRIBE EXPERIENCES, S~ILLS 01 KNOWLEDGE ~~ICH QCALIFY YOC TO SERVE O~ !HIS
SOAlD ~r1oS1 ~ ,/UfU oF- P tJ B W c.... b t) t-fTT"J f-
IN M AHj AI-.c.A-S oF- r ND ufrl..y. /N ~f) /('"i() rJ
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PLEASJ't.nAcH'~~sl'll ,6.1<) -j ~c.i i-
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I HERE Y CERT!FY THAT ALL THE ABOVE STAT~~ESTS AlE TRCE, A~D : .~G RE::: ,~;:)
UNDERSTAND THAT ANY ~ISSTATE~ENT or ~TERtAL FACTS CONTA!~EO !~ ~~:5 A??::CA-
TION MAY CAUSE FORFEITt'RE t:PON ~ PAlT or A.,...Y A1'POIN'n'lE~T I ~'{ ItEe:::';E.
, ~ ()~
, /q'fo
DATE
~/90
"
'II .
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # '.0. - MEETING OF FEBRUARY 12, 1991
CITY ATTORNEY'S EVALUATION AND APPROVAL OF MERIT PAY
ADJUSTMENT
DATE: FEBRUARY 6, 1991
Pursuant to prior direction, the City Attorney has met with the
Mayor and City Commissioners on an individual basis in order to
discuss his performance evaluation. The matter is now before you
for consideration of a merit pay adjustment as deemed appropriate
by the Commission.
Mr. Kurtz was appointed to the position of City Attorney by the
City Commission on May 8, 1990.
4(7:~
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MEMORANDUM
TO: MAYOR AND ~~SSIONERS
FROM: CITY MANAG ~ K-~t),~
SUBJECT: "_
AGENDA REPORT - MEETING OF FEBRUARY 12, 1991
REQUEST FOR RECONSIDERATION OF DENIAL OF SIGN CODE WAIVER
DATE: February 5, 1991
At your October 23rd meeting, the Commission held a public hearing on
a request from Abbey Delray for a waiver of the Sign Code to permit a
64 square foot wall sign on the corner of South Congress Avenue and
Lowson Boulevard. The motion for approval of the request for waiver
of the Sign Code failed by a 2-2 vote (Dr. Alperin and Mr. Andrews
dissenting) . Subsequently, we have received another request from
Abbey Delray for reconsideration of that decision. The proposal
remains the same and consists of a dual waiver request; both the sign
and sign location are out of compliance with the City Code. The City
Code provides that a flat wall sign will not exceed 36 square feet and
that a subdivision sign must be placed at the entrance of said
subdivision.
Previously, the interim Site Plan Review and Appearance Board
favorably reviewed this request. Staff, however, continues to
recommend denial as there are alternatives available to the applicant
that would require less waiver consideration.
Please note that in order for this matter to be considered, it will be
necessary for one of the Commissioners who voted against the waiver
(i.e. , Dr. Alperin or Commissioner Andrews) to first move for
reconsideration.
Recommend reconsideration of a Commission decision denying the request
for waiver of the Sign Code for an additional flat wall sign on the
corner of South Congress Avenue and Lowson Boulevard for Abbey Delray.
m C'rL~ G:J ClpfXl:70~-, lIu- JlU1Yl QLV
pWlvlJ=L& ad- fu rrrv.din8 -
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--J -0
IO-A-
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. Agenda I tern No. :
AGENDA REQUEST
Date: 1/31/91
Request to be placed on:'
X Regular Agenda Special Agenda 'orkshop Agenda
When: 2/12/91
Description of agenda itel ~ ~ 7 ~'\ _ :
Waiver request from Abbey Del IB- ' \j--~, sign at
the corner of S Congress Ave, ,A- F ~
,f ! f
t1 t'-- ~ \.' L-~/ 'v-z--
ORDIHAHCEI RESOLUTION REQU J ~~~ red: YES/NO
I~ 'U\ (~~
Recommendation: Denia.v., ') ~ ~ ~
'~G~ _ l,l-~~
(~'"~ > '
/ GCt, ~
\..- ' [). ~y12-
Department Head Signature: ct,' .'
Determination of Consistency w _..ad1ve Plan:
City Attorney Review/ Recommendation (if applicable):
Budget 10 \a3 \90 - n9 expenditure
of fund!
Fu f\lCl,L\0I ~ cp.J-'~ -to D~ vIm
Fu if applicable)
Ac ~~ c:t- moufp ~p~RL.- if' ~d)
Ac
Ci ty Man; J~. ~ KA-0do\ph.
d-/;;:). oc+E-
f\\o1l00 .r~i\eO en
Agenda Co l A \ ~E.(Cln q..... f4nDR-&DS dl'Ss8l4)
-. , Approved/Disapproved
.
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MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT~t)
SUBJECT: SIGN CODE WAIVER FOR ABBEY DELRAY
-- -
DATE: JANUARY 30, 1991
ITEM BEFORE THE COMMISSION:
- -
Request for a waiver to the sign code, Section 4.6.7(D) (3) (h) (ii)
governing subdivision entrance sign location and size.
BACKGROUND:
Abbey Delray is requesting a Ci ty Commission waiver to place a flat
wall sign on their wall at the corner of S. Congress Avenue and Lowson
Blvd. This flat wall sign would be in addition to the subdivision's
entrance sign already installed.
This sign request was favorably reviewed by the interim Site Plan
Review and Appearance Board on 9/26/90. The City Commission held a
public hearing on 10/23/90 and denied the applicant's waiver request
on a 2-2 vote. The applicant is requesting that the Commission
revisit their request.
There are two parts to the sign waiver request:
1. SIZE:
The sign code specifies a sign shall not exceed 36 sq. ft.
in area per Section 4.6.7(D) (3) (h) (ii).
Proposed sign is 64 square feet.
2. LOCATION:
The sign code specifies a sign shall be placed at the
entrance of the subdivision per Section 4.6.7 (D) (3) (h) (ii) .
Proposed sign is located at the corner of S. Congress Avenue
and Lowson Blvd, which is not the subdivision's entrance, as
required by code. The proposed sign is in addition to a
recently-permitted entrance sign on Lowson Blvd.
RECOMMENDATION:
Staff recommends that the Commission deny Abbey Delray's waiver
request. The sign size of 64 sq. ft. is felt to be impacting on the
area. There are alternatives available to the applicant that would
require less waiver consideration.
I - . - - _. . - ~ . I
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January 3, 1PP1
Ms. Joyco ^. DeDo~~eau
819ft Administrator
City of Delray Bea~h
1'~ H.W. 1at Avenue
Delray Beaeh, fL 33444
':
1 Dear Ms, Delorm.au,
. ,
I am in receipt of your let~er of Oeceltber 26, 1990
addressed to Hr. Hark Little ot 8r1ght Imaqe Signs. The sign we
are propos1nu is a replacement lign whioh h~4 been at the corner
of LowDon ~nd eongreal line. 1979 when A~bey Dolray opened. When
we oonstructed the aeourity wall around our property the old ai~n
w~u deltfoye4 and a new sign of thl exact form as the previous
ono ptopoee~.
To reduoe the dimensionl or chan~e the design would produce
a hardship for our 420 resl~ent8 because of two key reason.,
marketing reooun1t:l.oh and ta8e of readinu identificat10n tor I
resident vis 1 tor's. The previous lign had been a landmark tor
direoting res1dent queltl "and prospec~1ve resldent. to our I
I
cOIlMunity. I
I
In light o~ the hi,tory of our .ign as a landm.rk for the.. I
people an~ the attr~ct1on of new re8i~ent8, ~ aak you to Qon8ider I
positively this request. ..
, Sincerely,
. J. William Crittenden
Adll1n1atl'ator
.
JWC/bo
,
2000 Lowson a Ivd. Oelray Beach. Florida 33445 (407) 278-3249
..
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Mr. Randolph moved approval of Ordinance 50-90, seconded by Dr.
Alperin. Upon roll call the Commission voted as follows: Dr. Alperin -
Yes; Mr. Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes. Said
motion passed with a 4 to 0 vote.
10.E. Ordinance No. 51-90. Ordinance No. 51-90, amending the Code of
Ordinances by amending Subsection 35.090 (A) to provide that former De-
partment Heads who had opted out of the General Employees Retirement
Plan shall not be eligible to participate in the Plan and providing the
Assistant Director positions created in the reorganization of the En-
vironmental Services Division wi th the option to "opt out" of the Plan
provided that those posi tions are filled prior to January 1, 1991, is
before the Commission for consideration on Second and Final Reading.
Prior to consideration of passage of this ordinance on Second and FINAL
Reading, a public hearing has been scheduled to be held at this time.
The City Manager presented Ordinance No. 51-90:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 3, "ADMINISTRA-
TION", CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS"
SUBHEADING "RETIREMENT PLAN", SECTION 35.090, "ELIGI-
BILITY; PARTICIPATION", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH BY AMENDING SUBSECTION
35.090(A) TO PROVIDE THAT FORMER DEPARTMENT HEADS WHO
HAD OPTED OUT OF THE RETIREMENT PLAN SHALL NOT BE
ELIGIBLE TO PARTICIPATE IN THE PLAN AND FURTHER
PROVIDING THAT THE ASSISTANT DIRECTOR OF ENVIRONMENTAL
SERVICES/PUBLIC UTILITIES AND ASSISTANT DIRECTOR OF
ENVIRONMENTAL SERVICES/CITY ENGINEER IF HIRED PRIOR TO
JANUARY 1, 1991, MAY ELECT NOT TO PARTICIPATE IN THE
RETIREMENT PLAN; PROVIDING A SAVING CLAUSE; PROVIDING
A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 51-90 is on file in the official Ordi-
nance Book)
The City Attorney read the caption of the ordinance. A public
hearing was held having been legally advertised in compliance with the
laws of the State of Florida and the Charter of the City of Delray
Beach, Florida. The public hearing was closed.
Dr. Alperin moved approval of Ordinance No. 51-90, seconded by
Mr. Andrews. Upon roll call the Commission voted as follows: Mr.
Andrews - Yes; Mr. Randolph - Yes; Mayor Lynch - Yes; Dr. Alperin - Yes.
Said motion passed with a 4 to 0 vote.
10.F. Request for Waiver to the Sign Code. The Conrnission is to
consider a request for a waiver of the sign code to permit a 64 square
foot flat wall sign at the Abbey Delray ACLF located at 2000 Lowson
Boulevard. Prior to consideration a public hearing has been scheduled
to be held at this time.
-9- 10/23/90
".
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A public hearing was held having been legally advertised in
compliance with the laws of the State of Florida and the Charter of the
City of Delray Beach, Florida.
The City Manager presented the background of this issue.
The public hearing was closed.
Mr. Lynch passed the gavel to Deputy Vice Mayor Andrews and
moved approval for the request of a waiver to the sign code, seconded by
Mr. Randolph. Upon roll call the Commission voted as follows: Mr.
Randolph - Yes; Mr. Lynch - Yes; Dr. Alperin - No; Deputy Vice-Mayor
Andrews - No. Said motion FAILED with a 2 to 2 vote.
PUBLIC COMMENT - NON AGENDA ITEMS
II.A.I. Lorraine Kasper, resident, stated she was disturbed to see a
variance listed on the consent agenda. She feels all variances should
be open to public discussion.
II.A.2. Bob Stump, Crosswinds resident, stated he feels the residents
have been badly used by both the City and the developers who are playing
games at the residents' expense.
11.A.3. Jean Beer, Tropic Isle, stated she is appalled that dock vari-
ances do not require public hearings.
In response to Mayor Lynch, the City Attorney advised the Code
states dock variances do not require public hearings, although the
public can speak with regard to the issue.
FIRST READINGS
12.A. Ordinance No. 52-90. Ordinance No. 52-90, adopting Amendment
90-1 to the Comprehensive Plan, is before the Commission for considera-
tion on First Reading. If passed, Public Hearing will be held November
13, 1990.
The City Manager presented Ordinance No. 52-90:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN
AMENDMENT 90-1 PURSUANT TO THE PROVISIONS OF THE
"COUNTY AND MUNICIPAL PLANNING AND LAND DEVELOPMENT
REGULATION ACT", FLORIDA STATUTES CHAPTER 163; PROVID-
ING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
The City Attorney read the caption of the ordinance.
Mr. Andrews discussed this item for clarification.
Ms. McCarty returned to the Commission Chambers during the
discussion of this item.
Mr. Andrews moved approval of Ordinance 52-90 on First Reading,
with the amendment of reinstatement of Snorkel Park, seconded by Mr.
-10- 10/23/90
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MINUTES: Site Plan Review and Appearance Board - draft
September 26, 1990 <
Page 10 "
Represented by Mark Little. There were two signs, one for the front
elevation and one for the rear elevation. Mr. Marsh moved to approve as
submitted. Seconded by Mr. Fisher. The vote was as follows:
Debora Oster Yes
Gene Fisher Yes
Sam DeOto Yes
Rett Talbot Yes
Mark Marsh Yes
William Wilsher Yes
25. ABBEY DELRAY 90-7607; 90-7608
2000 LOWSON BOULEVARD
BRIGHT IMAGE SIGNS
1 FREE-STANDING SIGN
1 FLAT WALL SIGN ON WALL
W/CITY COMMISSION WAIVER 90-6014 (WALL PERMIT")
Mr. Marsh stepped down and leaves room. Represented by Mark Little. The
sign does not meet code. Thirty-six (36) square feet is the maximum
allowed. The flat wall sign will be a waiver by the City Commission for
size and location. Mrs. Oster moved to approve and that the copy of the
entry sign be the blue to match the flat wall sign and that the flat wall
sign be approved by the City Commission. Seconded by Mr. DeOto with the
vote as follows:
Sam DeOto Yes
Gene Fisher Yes
Debora Oster Yes
Rett Talbot Yes
William Wilsher Yes
(Mr. Marsh returned and stepped back up.)
27. CIRCUIT CITY 90-7763, 90-7164, 90-7765, 90-7766
1650 WATERFORD PLACE
BARON GROUP
3 FLAT WALL SIGNS
1 CANOPY SIGN
Mrs. Oster stepped down and left room. Represented by Mike Meenan. The
letters will be channel type; the letters from the front will be in
white. The sides of the letters will match the faces. After discussion,
Mr. Marsh moved to approve as submitted with the size and copy and the
illumination to be behind a white translucent lens to match for both
signs on the north and west for "Audio, Video, Appliances"; including the
under canopy and the east elevation sign. Seconded by Mr. Talbot with
the vote as follows:
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~cn )'\\ (" ~ fpH-
SUBJECT: AGENDA REPORT - MEETING OF . EBRUARY 12, 1991
REQUEST FOR WAIVER OF THE SIGN CODE- O.C. TAYLOR
DATE: February 5, 1991
We received a request from O.C. Taylor Motors, Inc. for waiver of the
Sign Code to permit an additional free-standing sign (56 square foot
sign face, 16 feet high, with a five foot set back) on his property
located at 700 N.E. 6th Avenue. The Sign Code allows one
free-standing sign per street frontage. There are currently three
free-standing signs at this site, a Chrysler sign on the corner of
N.E. 6th Avenue and 7th Streetj a Volkswagon sign fronting N.E. 6th
Avenuej and a Chrysler sign on the corner of N.E. 8th Street and 5th
Avenue.
The In-house Sign Committee denied the request for the additional
sign, but recommended adding a sign cabinet to one of the existing
free-standing signs. While the square footage of the sign would be
larger than that allowed under the Code, staff was supportive of this
alternative. The Site Plan Review and Appearance Board at their
January 2nd meeting informally agreed that the consolidation of the
cabinets would be a better solution than having an additional
free-standing sign. At their January 16th meeting, the SPRAB made a
recommendation that the applicant remove one of the two Chrysler sign
cabinets and replace it with the proposed Hyundai cabinet. The
applicant was not in favor of this concept. The SPRAB, therefore, on
a 4-2 vote denied the application for an additional free-standing sign
on N.E. 6th Avenue.
Accordingly, as a viable alternative exists for signing on this
property, denial of this request is recommended.
/9 ~if, aD JlLil~z1sL at
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10.&
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, Agenda I tem No.:
AGENDA REQUEST
Date: 1/30/91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 2/12/91
Description of agenda item (who, what, where how much):
Waiver request from D.C. Taylor to allow one additiona1 free-standlng ~lgll
on NE 6th Avenue
ORDINANCE/ RESOLUTION REQUIRED: YES8 Draft Attached: YES/NO
Recommendation: Denial
Department Head Signature: ~~
,
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO nJ
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT tJ;
SUBJECT: SIGN CODE WAIVER O.C. TAYLOR MOTORS, INC.
DATE: JANUARY 30, 1991
ITEM BEFORE THE COMMISSION
- -
A waiver request to add an additional free-standing sign to the
business site. The additional free-standing sign is in excess of the
maximum allowed under the code.
BACKGROUND
O.C. Taylor Motors, Inc. , located at 700 NE 6th Avenue, is applying
for a free-standing sign which has a 56 sq. ft. sign face, is 16 ft.
high, with a 5 ft. setback from the property line. The sign code
Section 4.6.7(E) (7) allows one free-standing sign per frontage. There
is one existing Chrysler free-standing sign on the corner of NE 6th
Avenue and 7th Street, a VW free-standing sign fronting NE 6th Avenue,
and a Chrysler free-standing sign on the corner of NE 8th Street and
5th Avenue for a total of 3 existing free-standing signs.
The in-house sign committee denied the request for the additional sign
but recommended adding a Hyundai cabinet to one of the existing free-
standing signs. The square footage would be larger than allowed under
the code. Staff felt they could support the additional square
footage.
During the Site Plan Review and Appearance Board meeting on January 2,
1991, the members agreed that consolidating the cabinets would be a
better solution than having additional free-standing signs. The
members tabled the plans until the applicant could be present for
discussion.
On January 16th, the applicant was before the Site Plan Review and
Appearance Board. Their concensus position supported removing one of
the two Chrysler sign cabinets and replacing it with the proposed
Hyndai cabinet, allowing the dealerships request for individual
product pole signs to be satisfied. The applicant did not wish to do
this. SPRAB denied the application for an additional free-standing
sign on NE 6th Avenue on a 4 to 2 vote.
RECOMMENDATION
Staff is recommending that the Commission deny the applicants request
to add an additional free-standing sign to his business site on NE 6th
Avenue.
OCTaylor.CC d/8
.
I
(~\ n
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MINUTES OF THE SITE PLAN REVIEW AND APPEARANCE BOARD
WEDNESDAY, JANUARY 16, 1991 AT 7:00 P.M.
Members Present Others Present
William Wilsher, Chairman ~ Joyce Desormeau, Sign Adminis-
Debora Oster trator
Jess Sowards Nancy Davila, City Horticul-
Gene Fisher (arrived later) turist
Mark Marsh (arrived later) Janet Meeks, Planner
Rett Talbot Steve Taylor, Planner
Sam DeOto
1. The Chairman called the meeting to order and the recording secretary
took the ro 11.
II. Approval of Minutes was placed to the end of the meeting. 1
,
III. Old Business
A. O.C. TAYLOR 90-8639 1/2/91
700 NORTH FEDERAL HIGHWAY
DELRAY SIGNS
1 FREE STANDING ILLUMINATED SIGN
Represented by Mark Gregory. Mr. Sowards stepped down and left room.
Mr. Gregory stated that the owner, Arthur Taylor, had a problem with the
recommendation of the Board. He requested the board reconsider the
application. (Mr. Fisher and Mr. Marsh arrived.) Mr. Gregory asked the
board to allow the sign. The Hyundai will not allow the sign to be
consolidated with another sign as suggested by staff and the members. He
asked the members to consider other options. The members stated the
applicant was requesting an additional free standing sign in addition to
the 2 existing signs on federal Highway. After discussion, Mr. DeOto
moved to deny the request for 3 signs (one additional sign). Seconded by
Mrs. Oster. Mr. fisher questioned if there were other signs on the
building and felt this needed consideration. Mr. Marsh stated he would
support a variance with a condition that if the dealership is removed,
the sign be removed and revert to compliance. Mrs. Desormeau explained
that there are 2 Chrysler signs and one of these could be removed. If
one of these is removed, the applicant could use the Hyundai sign. The
motion was to deny the application and the vote was as follows:
Debora Oster Yes
Sam DeOto Yes
Rett Talbot No
Mark Marsh No
Gene Fisher Yes
William Wilsher Yes
Application denied.
..
.
.. (......, I
.------:-
'-~ ( ,
--
MINUTES OF THE SITE PLAN REVIEW AND APPEARANCE BOARD
MEETING, JANUARY 2, 1991 AT 7:00 P.H.
Members Present Others Present
Jess Sowards ~ Janet Meeks, Planner
Mark Marsh (arrived later) Joyce Desormeau, Sign Ad-
Debora Oster ministrator
Gene Fisher Steven Taylor, Planner
Sam DeOto Nancy Davila, City Horti-
Rett Talbot cu1turist
Mr. Sowards called the meeting to order at 7:00 p.m. and the recording
secretary took the roll.
Mr. Talbot moved approval of the minutes from December 19, 1990.
Seconded by Mr. Fisher. Motion passed unanimously.
III. SIGNS
O.C. Taylor 90-8639
700 North Federal Highway
Delray Signs
1 free standing illuminated sign
Mr. Sowards stepped down and left room. (Hr. Harsh arrived.) Mrs.
Desormeau stated the sign is non-conforming. She explained there is a
new product but staff has requested the applicant combine the signs. The
staff was not in favor of (3) three signs on the property. The applicant
was not present, but he had referred to Bill Wallace having been given an
additional sign. Staff did not feel the application contained a
hardship. Mr. Fisher agreed in consolidating (2) two signs rather than
having (3) signs provided there was the franchise. The approval would be
specifically for the Hyundai franchise and if the franchise is removed
for any reason or relocated, the sign is to be removed. The applicant
also wanted a SI setback. Hr. Marsh felt he had a problem with the
setback request. Hr. Fisher added he was not comfortable with the
request for an additional sign and the setback. The members felt the
applicant has a sufficient number of signs. Hr. Harsh cautioned the
members to consider the possibility the applicant may later want to have
building signs. The members felt the applicant should be present for
discussion. Mrs. Oster moved to table the plans. Seconded by Mr. Talbot
with the vote as follows:
Rett Talbot Yes
Gene Fisher Yes
Debora Oster Yes
Sam DeOto Yes
'.
I
Freesta,nding Sign Type HP 50
.---- .
1 '" - 5" t
Description
~ Double faced interior illuminated sign.
.- Upper Cabinet
I
b M Extruded aluminum cabinet with
.-
I second surface distortion screened and
~ formed, clear polycarbonate faces,
<0 letters and accent stripe. Illumination
I
~ by 800 MA fluorescent lamps. One face
hinged for lamp access.
Colors o.
Sign Face: White.
U ; "-- Hyundai Letters: Match Rohm and
--r ,:'\ '1: L Haas #2050 Blue,
0 C- Accent Strip: Match Rohm and Haas
l ~ #2329 Blue,
,0 Cabinet and Retainers: White.
~ Dealer's Name Panel
Aluminum cabinet with aluminum
backgrounds routed to reveal Dealer's
Name.
Colors
Dealer's Name: #7328 White
Rohm and Haas Plexiglas.
Cabinet and Backgrounds: Hyundai
Gray.
Column Cover
.090 Fabricated aluminum over
structural steel column. Color is
Hyundai Gray.
~ Sign Area
55 Square Feet
0
Electrical Requirements
Dealer provides primary electrical run
'to sign location. Sign hookup by Heath
and Company, Sign requires
1 - 20 Amp, 120 V. circuit.
sf I 211j ~~GN REVIEW .
~ (J 1 ENGINEERING
'I Y!" PlAN REVIEW
ElECTRIC
. ~~f{Zft6
SIGN REVIEW
". .
G.C. TAYLOR MOTORS, INC.
700 NOlnH FEDERAL I IIGIIWAY
DELRAY BEACH. FLORIDA
(407) 278-2552
Lula Butler
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach FL 33444
January 18, 1991
Dear Ms.Butler:
We are requesting to be placed on an agenda for the next City Council
meeting in regard to appealing a negative decision of the SPRAB in
regard to sign permit P90.8639.
Our auto dealership is in the process of representing a third
brand of vehicle, (Hyundai). A specific requirement is an individual
brand sign as requested in the permit application. It is important
to note that the brands we currently and will represent, (Chrysler,
Plymouth/Volkswagen/Hyundai), have had individual signs on dealership
premises within the city. Due to the very competitive nature of auto
industry and the severe recession the auto industry is in, the three
brands are now being sold under one roof.
The additional sign we require is now located at the old Ryundai
location.
In consideration of this request it is important to note that
we occupy 101,000 square feet of land, which in many occassions would
support several business's, all entitled to signage. Furthermore,
it is important to note that there was some support for approval of
that application by SPRAB. Your attention and a positive reaction
C
J(1~) P,~foCl
10 us by
(:lllt"~I.I~lt
,~ CORPORATION
-
'.
~ I
will be greatly appreciated.
Yours Truly;
J1rW>>-- Go,~ ~ --.....
~rthur Taylor
President
AT/dlw
'.
I
o.c. T AYLOR MOTORS, INC.
700 NORTH FEDERAL HIGHWAY
DELRA Y BEACH, FLORIDA
(407) 278-2552
Ms. Joyce Desormeau
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach FL 33444
December 17, 1990
RE: Additional sign with 5 foot set back at 700 N.E. 6th Avenue Delray
Beach. (Subject: Hyundai Sign)
Dear Ms. Desormeau:
f:,
We are requesting an additional freestanding sign with an $ foot
set back for our eastern (main visibility frontage) property line,
which is 350 foot in length.
The additional sign is a 4'10" x II'S" doublefaced cabinet sign
previously approved at another dealership, Precision Hyundai, which
has gone out of business.
In adding to our existing dealership an additional make of car
we are required by our contract with the manufacturer to erect their
sign.
We have a large establishment here in Delray, and to remain com-
petitive in these difficult times we have had to diversify our product
offerings. The addition of this sign is neccessary in the adding
of the Hyundai line and for existance of our business. We have seen
how well the City of Delray has worked with others with hard ships
and multi line dealerships. We look forward to a positive outcome.
C
~f~~) Pr_led
10 us by
( .--- - CHRYSLER
CORPORATION
""
.
I
. .
2
.
.
If there are any questions please call.
Yours Truly;
~ ~ -
A thur Taylor
President
AT/dlw
'.
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~ a ADDmONAl PROVISIONS (continued)~;:<~:"~('-'.l :::....;'~~~:~;::,:. .:, "~:'. :' '.,:(6,~,~
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' ".. '... '. <,~-,,,,,.,,_..,c~_,,.,,..._~ ... ',"'" .',. . .. ~=""
~.~ ;. ',_6.";' .' : .;'.:;- ~~...:;;~ ~~'~_,,~_':;':: ::.',. _~w :''':~'..' . '~~~~."
" BUTLDING,'J:}l'l.'ta<.l.OR .,. - .-.-- i~ '~,,':-~~"1.-::~,.~. '.~':'~':"~, '.s.~.-,:'--' .,_...F>"....~.."
':-,: . '.' . .'. ..:~:.~;.~- ..-~ ,;'.:'~~;~::.~.,.;~ ":'-';..:.6":'~~':";:~':,;:,::.~ , '.~.~~
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f 'Shc:N:roc.i:D. -.', ~~~::sc"'-,~~~w:-... :-:'.'-~ _.:.~-:.'" -..,~ -':':;::. .,,': '. -;:,r::<=';, : ~ ~".::!., -.' ,'. ,.,.:$Jt.-; ,..'
S .:: ::..,-:,:: . .;,~ .~.:' ,: . . ~::~'~:~~~~~~:=:~:::~i:?~{~f:.1:7.~;.~,' ;,~~~. ~~;'~~~ .'....' ". ~;,~;~~',?~~~
?",Dea1er, ,shall provide, a Showroom,.ar,e_a."':',~-~exc:rus+ve.-disPlay,'-Of::~', '.', ' ....:.'.~.:.:i~.
;'.-." . '.-.' ' . '-$ -r.'~ -':r: ~::-..\..,;.~~-';... ,..~:.:'..;;.,~.~. '..' ,~:.~:.~~~
~,~~ai:.: ~ehicles of approxllDatelY~~!~~~'1'"~~~:";~~~~:~;'~~"""'-" "~"f~:~.-.,.,.:~", '1~.:7::J:;';:.:.
~' ~c.;,: . . : .;j~~: .,(?-:,:~; ':)":::::~Ut .:.;.::.. ~C'-.' . ..:,:;~. :;::
~..' ..'- .~"'''~'' A,:'. ...,..'.~...~...~~~~~..~ -~~l:;: ...~,,--. ~.~,. .""<' .~,.... .. . ~ '. .4...,....
to"- ......,..-. -, r - .'~ ';"~-'-l'''' . ., .
~'De;'ater~h"all'desiqnate 'a miniJmim':of~~'i:'2~~1:c~:'~~i~""fo~;~tii'e e:icc:ilus'!ve "':':;>~;~
....iservice.;,. of, Hyundai vehic les . Dealer':s1'\'i-11~-Prlne;.the';'~-dEisi9na ted ~.;. ....;. ". ;;,.,~: ~,,~~...;.
. Hyundai '. service bays, HMA Service f:Depar~e)lt:~c'C?to~):'s6b~e:':~ dark~ qi-ey : ,...~::......;;',..;o'
above the blue band to ceiling. -:-, .5~'. '~;~;:~~'i>.' ::. : . :,-,-~.~.:;_.t~.: ..'j,., '" '. ~ ,'" "<:.:'_ .-
....~'... ~~I~.:,;;. ~:..,:: '..",
ro_ 1 Writ - . . :. ..Ji:' , _ .. ~-:'. ' , , .
~rv cc cup. ',0 ,.'.. ".~~''''~z....;. ..,..t...,...:..:.:.!.. . . '.,. ,
. ,"~: '. .:'.~::...;,.~~;:~~~~'....;:.-;.:i;~~-:l.;.:.,:,:-,~;~> '~... ,.:".: :.<.":..c. I. ~::;'. :"': :
Dea~er shal~ c;lesi~ted one service,~,~~~J:lP:-..1..~~i:'~B~;::tp.e.:, exC'l~.LvE!.' '. ';".:":
,use .:of Hyunda.L serv.Lce customers;" ~~e~~l:t.;~a.VJ.dEFappropr~te:, .:~.-.,;.(::..~~:..,~
sigliage to identify the Hyundais.ervi~~~1:'e~~I?~~~e~, -:-.,', : . ::' ,,: ':::' ,':~,~~,:,:.:::.:;.
~~: . . ,.'jf:{f{~j::,~i~~;.;~~-;.~~.: .;';; i'~ .. -K:.L
'Dea1er: ,shall provide a Parts co~t~..$1e:~~~;fpr,-,1:lte.:~~le. q~ ':'...i-:i. r' ,..,~..;,~.4...2:.:~
. aJ.." .' :.--.---..,~i."~. ,.~".... ~'~;'.:;..,.-.,.~,. 0.;.:., ';'.~ '.""4.:..r..:. t.. ,'.''':''.. :.:T""'~
u.........A , parts. ,;~. _-:"~,~ ~ .._.~-:;.~io.'r. ...~. ';'~-"-:"..~i''' ~~-:':-~... '.,,:~>,', .':,.,- ~.'_~
,~z ~ '. - ~- ~- .. .. or- ...-'... .,.. " '.'--:...';.....' ;,.. ..,. .,,:. ':;.:<'.7l:
.:. ,...-;....:. .- ~,'.:.~~~::!.. ~...-...;4.-., ~~,~~.., ,j'~':'.~"~"""',:i," ..,~-"O'!'..."
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':r'deiiti.-.' '.ty" - ..' ).......-~r~es..~'?... 4~..~..~:.~~~:.~::f.,..:...~.. _. ";"~:~,_"'~"~"''';::~''..._.: ~.,;.~~~.~~
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Irl'::'accordance with the terms of your'. nea:ter- SaleS-"":-and::Service;:<:" ;~" ...' ,:::'--<' ..;:3
' ".,. . .' . ..... .. ..' ,,'.:...-. ',' ~ .,.. . .. ',... ',.,.
Agr~~t; all signage'shall be pur~e..i~~~;~:-~~-;:n:~~~ed .~y,: SMA's :':i.i';:;'~~.=.;;
sole,' authorized vendor, Heath and 'caupany,~-:~;L~!l'l'ri~'UUm',;:'DealeJ::::'shall .' ,:.r~.-,.".:: ':
'!'nsta1'.,the f llowin igns. '. ::~""::'~~~:""--~'~-."""" ," :'....". _ "'r't4'!'" .,.
.,L.;... 0 g_8. - ,.:. .....~4.. .', ~""":''''' ',' "'P-!'.'"~.'''C~''''' ,'..'
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:" ',. .-. : -. '. ',' . '~':'~'"'~ ~Qj:j:: ~'" ~--;.' '~~~(s. ':.:'0' "::
i :;'-: ~~~On~- aP-1S0,~ pOle . brand sigri;:i -~ ~ . ":~~';., . '-':::''1-:\\',.' ',,' >~.:.- 6\ ~__ ~" ", . ~:~': .~. ',.::.}
''f.:'--""--,,-_._~.,,.~t......:.a.:w.._~._,-~~i;... ~1: ..\.;;"',~~~t""<...\-~... ';;.....-. .~. .;-' -;."~
2. .. On~ set each: Building fascia, :l~~~~',~'~'~~'i: ;l~~t~r~'::D~l~~ ~>': . .:.,~:;
name letters and graphic light 'bc#:&~~ai1 :of"~~hich ':shall be mounted ' '',.-::
riCjlht hand justified on the snowroOlil"'fascia:,'., and " .' .
. . .... .';-.,::,:'. ..::.,:::~'-:<:.~ . '. :. ,::
3.. Light bar modules which shall bemoilnted'.on:the 'ShoWroomfascia" .-
. . - below the words "Hyundai" and, Deater::.riame~'''':~;.;. :,0'.:' ::-. .. :
)EALER agre<;,s to work closely with~:'#~~;it's.4~i~ti.d. ..
:epresentat.Lves to assure that such '.ShowrO<:im renovation is made' "
~onsistent with HMA' s facility standards and is Suitable for the sale .
)f Hyundai Products, which determination shall::.be- made by Hyundai in .;
'.ts' so1e discretion. . '>.-" .. -: "':~"';;:'.:,' . '.', .i. . . ~
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGEU flV\..'\))-\-
SUBJECT: AGENDA ITEM PIO C- MEETING OF FEBRUARY 12, 1991
ORDINANCE NO. 7-91
DATE: February 5, 1991
This is a second reading of an Ordinance annexing to the City of
Delray Beach land lying and being in Section 14, Township 46 South,
Range 42 East, Palm Beach County, Florida, effective March 1, 1991.
This annexation is commonly referred to as West Atlantic Avenue
Annexation #3.
This item represents the third annexation action along West Atlantic
Avenue which is being carried out through the Annexation Policies
contained in the Comprehensive Plan. The area proposed for annexation
is composed of commercial properties and is located on the northwest
and southwest corners of West Atlantic Avenue and Military Trail. The
City has approved six water service agreements in this area since
1980. These water service agreements affect 19 parcels (42.74 acres).
All of the parcels proposed for annexation currently receive water
service from the City. Initially there were six parcels not covered
by water service agreements included in the proposed annexation. An
attempt was made to get these property owners to voluntarily anneXi
however, only one property owner agreed to annexation. Subsequently
the owner of the Pines Plaza Shopping Center and the Burger King
Restaurant have executed annexation agreements. Another property
which was not described in the water service agreement, but did
receive water service through an extension from jointly owned
property, which is under a water service agreement should also be
annexed as this action is considered a de-facto amendment to the water
service agreement.
The Planning and Zoning Board at their December 17th meeting
recommended approval of the annexation action. A detailed staff
report is attached as background material for this item.
Recommend approval of Ordinance 7-91 to be effective March 1, 1991.
rJdk
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ORDINANCE NO. 7-91
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 14,
TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH
COUNTY, FLORIDA, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS OF SAID CITY; SAID LAND
IS LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS
OF MILITARY TRAIL AND 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 PC
(PLANNED COMMERCIAL) DISTRICT, IN PART, AND POC
(PLANNED OFFICE CENTER) DISTRICT, IN PART; AND GC
(GENERAL COMMERCIAL) DISTRICT IN PART; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of that part of the Northeast Quarter (NE 1/4) of
the Southeast Quarter (SE 1/4) lying South of the L-33 Canal, West
of State Road 809 and North of State Road 806 Rights-of-Way (less
the West Half (W 1/2) of the Northwest Quarter (NW 1/4), Northerly
620 feet of Easterly 615 feet, that part as in OR 3749 Page 829,
(K/A L-l Thru L-8 and Easterly 3 feet of State Road 809
Right-of-Way) ; and,
WHEREAS, Delray Executive Square LTD. is the fee simple
owner of the West Half (W 112) of the Southeast Quarter (SE 1/4) of
the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4)
(less State Road 806 right-of-way); and,
WHEREAS, Allen William T., Sr. and W. A. Mayton and Bobby
L. Moore are the fee simple owners of East 166.41 feet of the North
262 feet of the East Half (E 1/2) of the Northwest Quarter (NW 1/4)
of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4),
(less the North 30 feet of State Road 806); and,
WHEREAS, Delray Beach Joint Venture Firestone is the fee
simple owner of the Easterly 133 feet of the West 155 feet of the
North 240.91 feet lying South of State Road 806 right-of-way of East
Half (E 1/2) of Northwest Quarter (NW 1/4) of Southeast Quarter (SE
1/4) of Southeast Quarter (SE 1/4); and,
WHEREAS, BP Oil, Inc. is the fee simple owner of the West
28.49 feet of the East 220 feet of the North 192.20 feet and a
triangular part of the East Half (E 1/2) of the Northeast Quarter
(NE 1/4) of the Southeast Quarter (SE 1/4) of the Southeast Quarter
(SE 1/ 4 ) as in OR 4462 Page 1034 (less the North 39.55 feet of State
Road 806 and the East 40 feet of State Road 809 road rights-of-way)
in Section 14, Township 46 South, Range 42 East; and,
WHEREAS, Service Station Realty, Inc. is the fee simple
owner of the Westerly 121.51 feet of the Easterly 191.51 feet of the
North 192.20 feet of the East Half (E 1/2) of the Northeast Quarter
(NE 1/4) of the Southeast Quarter (SE 1/4) as in OR 6307 Page 1971
(less the North 39.59 feet State Road 806 road right-of-way); and,
WHEREAS, Florida Coast Land Assoc., LTD. is the fee simple
owner of the East Half (E 1/2) of the Southeast Quarter (SE 1/4) of
the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4)
(less State Road 806 right-of-way); and,
WHEREAS, Sun First National of Palm Beach County is the
fee simple owner of the Westerly 334.47 feet of the Northerly 251.02
feet of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE
1/4) (less the Northerly 21. 02 feet State Road 806 right-of-way) ;
and,
.
.
I WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the North 197 feet of the East 220 feet of the
South 610 feet of that part of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) lying West of State Road 809 and North of
State Road 806 road rights-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the North 148 feet of the South 413 feet of the
East 220 feet of that part of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) lying West of State Road 809 and North of
State Road 806 road rights-of-way (less the Easterly 2.50 feet of
State Road 809 right-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the South 220 feet of the East 200 feet of that
part of the Northeast Quarter (NE 1/4) Southeast Quarter (SE 1/4)
lying West State Road 809 and North of State Road 806 road rights-
of-way (less the Westerly 5 feet and Southeast triangle corner of
I State Road 809 road right-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the South 240 feet of the West 153 feet of the
East 353 feet of that part of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) lying West of State Road 809 and North of
State Road 806 road rights-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
I fee simple owner of the South 240 feet of the West 152 feet of the
East 530 feet and North 220 feet of the South 240 feet of the West
20 feet of the East 550 feet of that part of the Northeast Quarter
(NE 1/4) of the Southeast Quarter (SE 1/4) lying West of State Road
809 and North of State Road 806 road rights-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the South 187.99 feet of the West 220 feet of
the East 830 feet of that part of the Northeast Quarter (NE 1/4) of
the Southeast Quarter (SE 1/4) lying West of State Road 809 and
North of State Road 806 road rights-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the South 161.33 feet of the West 174.06 feet of
the East 1004.06 feet of that part of the Northeast Quarter (NE 1/4)
of the Southeast Quarter (SE 1/4) lying West of State Road 809 and
North of State Road 806 road rights-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the South 161.57 feet of the West 196.42 feet of
the East 1226.02 feet of that part of the Northeast Quarter (NE 1/4)
of the Southeast Quarter (SE 1/4) lying West of State Road 809 and
North of State Road 806 road rights-of-way; and,
WHEREAS, Mutual Life Insurance Company of New York is the
fee simple owner of the Northerly 620 feet of the Easterly 615 feet
of that part of the Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) lying West of State Road 809 and South of and
adjacent to the L-33 Canal right-of-way; and,
WHEREAS, Delray Beach Joint Venture is the fee simple
owner of the East Half of the Northwest Quarter (NW 1/4) of the
Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) lying
South of State Road 806 (less the Easterly 133 feet of West 155
feet of the North 240.91 feet and the East 166.41 feet of the North
262 feet); and,
WHEREAS, Service Station Realty, Inc. is the fee simple
owner of the South 108 feet of the North 298 feet of the West 122.66
feet of the East 192.66 feet of the Southeast Quarter (SE 1/4) of
the Southeast Quarter (SE 1/4) of Section 14, Township 46 South,
Range 42 East; and,
ORD. NO. 7-91 I.
- 2 -
.,
.
WHEREJ>,S . Boca Raton Yacht and Tennis Club is the tee
simple owner ot Breezy Acres Lot 1 ( less State Road 806 riqht-
of-way; and,
\"HEREJI.S , Boca Raton Yacht and Tennis Club is the fee
slmple ol-mer of Breezy Acres Lot 2 ,less State Road /:lu6 rignt-of-
I 'day; and,
I
I
WHEREAS, Boca Raton Yacht and Tenn1S '':lub 1S the fee
simple owner of Breezy Acres Lot 3 (1E-5s State Road 806 c1gnt-or-
Hay; and,
WHEREAS, Boca Raton Yacht and TennlS Club is the fee
simple owner of Breezy ,Z>,cres Lot 4 (less State Road 806 right-of-
way; and, .
WHEREAS, Berlinger Handels-Und is the fee simple ownp.r of
the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1; 4; of
the Southeast Quarter (SE 1/4) (less road rights-of-way for Military
Trail and Delray Road West and North 176.53 feet of the East 207.52
feet 03.nd the South 61.47 feet of the North 238 feet of the East
122.66 feet) in Section 14, Township 46 South, Range 42 East; and,
\o'IHEREAS , Berlinger Handels-Und is the fee simple owner of
the South 176.53 feet of the North 236.53 feet of the West 84.86
feet of the East 277.27 feet (less the North 152.65 feet of the East
28.49 feet) of the Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of Section 14,
Township 46 South, Ranqe 42 East; and,
WHEREAS, the fee simple owners as hereinabove named have
requested by their petitions to have the property hereinafter
described annexed into the municipal J.imi ts of the City of Delray !
Beach; and,
I WHEREAS, the subject property hereinafter described 1S now
contiguous to the corporate limits of the City of Delray Beach, thus
making said petitions for annexation effective at this time; and,
WHEREJI.S , the designation of a zoning classification lS
part of the annexation proceedinq, and provisions of Land
Development 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 the
Florida Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Palm Beach County, Florida, hereby annexes to sald City the
following described lands located in Palm Beach County, Florida,
which lies contiguous to said City to-wit:
P.z>'RCEL_~
That part of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) lying Soutn of the L-33
Canal, West of State Road 809 and North of State
Road 806 Rights-ot-Way (less the West Half (W 1/2 )
of the Northwest Quarter (NW 1/4) , Northerly 620
feet of Easterly 615 feet, that part as in OR 3749
Page 829, (K/A L-1 Thru 1-8 and Easterly 3 feet of
State Road 809 Right-of-Way): together with,
ORD. NO. 7-91
- 3 -
I
'.
.
East 166.41 feet of the Nor~h 262 feet of the East Half (E
1/2) of the Northwest Quarter (NW 1/4) of the Southeast
Quarter (SE 1/4) of the Southeast Quarter (SE 1/4), (less
the North 30 feet of State Road 806); together with,
The Easterly 133 feet of the West 155 feet of the North
240.91 feet lying South of State Road 806 right-of-way of
East Half (E 1/2) of Northwest Quarter (NW 1/4) of
Southeast Quarter (SE 1/4) of Southeast Quarter (SE 1/4) ;
together with,
The North 197 feet of ~he East 220 fee~ of the South 610
feet of that part of the Northeast Quarter (NE 1/4) of ~he
Southeast Quarter (SE 1/4) lying West of State Road 809
and North of State Road 806 road rights-of-way; together
'Nith,
The North 148 feet of the South 413 feet of the East 220
feet of that part of the Northeast Quarter (NE 1/4) of the
Southeast Quar~er (SE 1/4 ) lying West of State Road 809
and North of State Road 806 road rights-of-way (less the
Easterly 2.50 feet of State Road 809 right-of-way;
together with,
The South 220 feet of the East 200 feet of that part of
I the Northeast Quarter (NE 1/4) Southeast Quarter (SE 1/4)
I lying West State Road 809 and North of State Road 806 road
rights- of-way (less the westerly 5 feet and Southeast
triangle corner of State Road 809 road right-of-way;
together wi~h,
The South 240 feet of the West 153 feet of the East 353
feet of that part of the Northeast Quarter (NE 1/4) of the
Southeas~ Quarter (SE 1/4) lying West of State Road 809
and North of State Road 806 road rights-of-way; together
\vith,
The Sou~h 240 fee of the West 152 feet of the East 530
feet and North 220 feet of the South 240 feet of the West
20 feet of the East 550 feet of that part of the Northeast
Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) lying
West of State Road 809 and North of State Read 806 road
rights-of-way; together with,
The South 187.99 feet of the West 220 feet of the East 830
feet of that part of the Northeast Quarter (NE 1/4) of the
Southeast Quarter (SE 1/4) lying West of State Road 809
and North of State Road 806 road rights-of-way; together
with,
The South 161.33 feet of the West 174.06 feet of the East
1004.06 feet of that part of the Northeast Quarter (NE
1/4) of the Southeast Quarter (SE 1/4) lying West of State
Road 809 and North of State Road 806 road rights-of-way;
together with,
The South 161.57 feet of the West 196.42 feet of the East
1226.02 feet of that part of the Northeast Quarter (NE
1/4) of the Southeast Quarter (SE 1/4) lying West of State
Road 809 and North of State Road 806 road rights-of-way;
together with,
The Northerly 620 feet of the Easterly 615 feet of that
part of the Northeast Quarter (NE 1/4) of the Southeast
Quarter (SE 1/4) lying West of State Road 809 and South of
and adjacent to the L-33 Canal right-of-way; together
with,
ORD. NO. 7-91
- 4 -
I
. .
I
The East Half of the Northwest Quarter (NW 1/4) of the
I Southeast Quarter (SE 1/4) of the Southeast quarter (SE
1/4) lying South of State Road 806 (less the Easterly 133
feet of West 155 feet of the North 240.91 feet and the
East 166.41 feet of the North 262 feet); together with,
The Northeast Quarter (NE 1/4) of the Southeast Quarter
(SE 1.' 4) of the Southeast Quarter (SE 1/4) (less road
rights-of-way for Military Trail and Delray Road West and
North 176.53 feet of the East 207.52 feet and the South
61.47 feet of the North 238 feet of the East 122.66 feet)
in Section 14, Township 46 South, Range 42 East; together
with,
The South 176.53 feet of the North 236.53 feet of the West
84.86 feet of the East 277.27 feet (less the North 152.65
feet of the East 28.49 feet) of the Northeast Quarter (NE
1/4) of the Southeast Quarter (SE 1/4) of the Southeast
Quarter (SE 1/4) of Section 14, Township 46 South, Range
42 East.
PARCEL "B"
The West Half (W 1/2) of the Southeast Quarter (SE 1/4) of
the Northwest Quarter (NW 1/4) of the Southeast Quarter
(SE 1/4) (less State Road 806 right-of-way); together
with,
The Westerly 334.47 feet of the Northerly 251.02 feet of
the Southeast Quarter (SE 1/4) of the Southeast Quarter
(SE 1/4) (less the Northerly 21.02 feet State Road 806
right-of-way); together with,
Breezy Acres Lot 1 (less State Road 806 right- of-way);
together wl.th,
Breezy Acres Lot 2 (less State Road 806 right-of- way);
together with,
Breezy Acres Lot 3 (less State Road 806 right-of- way);
together with,
Breezy Acres Lot 4 (less State Road 806 right-of- way).
PARCEL "C"
The West 28.49 feet of the East 220 feet of Lhe North
192.20 feet and a triangular part of the East Half (E 1/2)
of the Northeast Quarter (NE 1/4) of the Southeast Quarter
(SE 1/41 of the Southeast Quarter (SE 1/4) as in OR 4462
Page 1034 (less the North 39.55 feet of State Road 806 and
the East 40 feet of StaLe Road 809 road rights-of-way) in
Section 14, Township 46 South, Range 42 East; together
with,
The Westerly 121. 51 feet of the Easterly 191. 51 feet of
the North 192.20 feet of the East Half (E 1/2) of the
Northeast Quarter (NE 1/4) of the Southeast Quarter (SE
1/4) as in OR 6307 Page 1971 (less the North 39.59 feet
State Road 806 road right-of-wayl; together with,
The South 108 feet of the North 298 feet of the West
122.66 feet of the East 192.66 feet of the Southeast
Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of
Section 14, Township 46 South, Range 42 East; together
with,
- 5 - ORO. NO. 7-91
"I' .
- -- .-- -_.~~.- --.- --....--.-- -
The East Half (E 1/2) of the Southeast Quarter (SE 1/4)
of the Northwest Quarter (NW 1/4) of the Southeast
Quarter (SE 1/4), LESS State Road 806 right-of-way.
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 De 1ray 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 tract of land
hereinabove described as Parcel "A" is hereby declared to be in
Zoning District PC (Planned Commercial) as defined by existing
ordinances of the City of Delray Beach, Florida.
Section 4. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land
hereinabove described as Parcel "B" is hereby declared to be in
Zoning District pac (Planned Office Center) as defined by exist-
ing ordinances of the City of Delray Beach, Florida.
Section 5. That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the tract of land
hereinabove described as Parcel "C" is hereby declared to be in
Zoning District GC (General Commercial) as defined by existing
ordinances of the City of Delray Beach, Florida.
Section 6. That the land hereinabove described shall
immediately become subject to all of the franchises, privileges,
immunities, debts, obligations, liabilities, ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon shall be deemed citizens
of the City of Delray Beach.
Section 7. That this annexation of the subject proper-
ty, including adjacent roads, alleys, or the like, if any, shall
not be deemed acceptance by the City of any maintenance responsi-
bility for such roads, alleys, or the like, unless otherwise
specifically initiated by the City pursuant to current require-
ments and conditions.
Section 8. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 9. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence,
or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 10. That this ordinance shall become effective
on March 1, 1991.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading - 6 - Ord. 1'0. 7-91
'. .
I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ALISON MACGREGOR-HARTY, CITY CLERK
FROM: Q1Y0 ~V~~~OR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 12, 1991
PUBLIC HEARING AND SECOND READING RE WEST ATLANTIC
ANNEXATION #3
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
conducting a public hearing and then approval of an
Annexation Ordinance.
The project involves nonresidential properties, north and
south of Atlantic Avenue, west of Military Trail.
BACKGROUND:
At the time of first reading, the complete project documentation
was provided to the Commission. At that time there were a few
parcels which were still under review and discussion. The owner
of the Pine Plaza Shopping Center and the Burger King Restaurant
did execute an annexation agreement. Another property was not
described in a water service agreement, but did receive water
service from an extension from jointly owned property which was
under a water service agreement. This action is considered a
de-facto amendment to the water service agreement and thus the
annexation action should proceed.
No other information or concerns have been expressed to this
office since first reading.
The Administration recommends that the effective date be March 1,
1991, as opposed to immediately; thus, allowing for some time to
notify emergency services and others of the annexation.
PLANNING AND ZONING BOARD CONSIDERATION:
Previously reported as unclV\l1\OttO~ recommending approval.
RECOMMENDED ACTION:
By motion, approval of Ordinance 7-91 with an effective date of
March 1, 1991.
.
.
Board of County Commissioners County Administrator
Karen T. Marcus, Chair J an Winters
Carole Phillips, Vice Chair
Carol A. Roberts Department of Planning, Zoning & Building
Carol J. Elmquist
Mary McCarty
Ken Foster
Maude Ford Lee
January 15, 1991
Stan Weedon
Assistant Planning Director
Delray Beach
100N.W.lst1\venue
Delray Beach, Fl 33444
RE: Voluntary annexation of26 properties at the intersection of 1\tlantic Blvd., and
Military Trail.
Dear Mr. Weedon:
The Planning, Zoning and Building Department has coordinated the review of a proposed
annexation of 26 properties comprising approximately 72.26 acres, generally located on
the northwest and southwest comers of West 1\tlantic 1\venue and Military Trail. County
staff comments are as follows:
1. PL1\NNING DIVISION: Steve Morales, Planner
The Planning Division has undergone a review of the proposed annexation in
accordance with Chapter 171, Florida Statutes and Palm Beach County's Interim
1\nnexation Review Policy. The area to be annexed is substantially contiguous to
the City's current boundaries, and is located within the City's future annexation
area. The annexation area is almost entirely developed except for a 14 acre parcel
which currently has a County land use designation of Commercia V Residential-8.
The proposed city land use for this parcel is Medium Density Residential. The
annexation is generally consistent with the requirements of Chapter 171, F.S and
the County's Interim Annexation Policy.
However, this annexation, combined with more recent annexations just east of this
proposal, accents the existing irregular boundaries in this area. The County
discourages annexations which create service confusion. Staff encourages the City
to resolve these mixed service areas on the east and west sides of Military Trail by
annexing properties east of Military Trail and north of 1\tlantic 1\venue.
2. ENVIRONMENT1\L RESOURCES M1\N1\GEMENT: Bob Kraus,
Environmental Analyst
The.se sites are not in ~ .well- field protection zone ~or are they considered ,,%' (f; 15'/' -,:;\;' ll))
envlfonmentally senSItIve. The Property has prevIously been developed and d 'I' 1;.1"" - -.';;:i. JJ
not contain sensitive native vegetation. ~,.:.
"An Equal Opportunity - Affirmative Action Employer " JAN 2~ 199'
3400 BELVEDERE ROAD. WEST PALM BEACH, FL. (407) 471-3520 PLANNii'JG 6! ZON;NG
Xl:
S<9 printed on recycled paper
.
Delray Bea(~h
1/15/91
Stan Weedon
Page 2
3. FIRE-RESCUE' Kathy O'....ens, Special ProJects Coordinator
Comments will be forwarded.
4. SHERIFF'S DEPARTMENT: Diana Newcomer, Criminal Justice Planner
Annexing this parcel into the city exacerbates mixed service areas in the vicinity of
Military Trail and West Atlantic Blvd. The proposal has serpentine boundaries
creating a small pocket on the southwt:stern portion of this annexation. Mixed
service areas impairs the quality oflaw enforcement provided to the public by
causing service confusion for responding officers. This confusion, in turn,
dettimentally impacts response time.
Mixed service areas also complicates law enforcement provision since the
communication systems are not shared by the Sheriffs Office and De1ray Beach
Police Department.
The Shctiffs Office recommends the city adopt proposals that both improve service
levels for citizens and which does not increase the potential hazards for law
enforcement officers. Having clearly defined lines of seiVice and eliminating the
mixed services area"! will sati:sfy that recommendation.
S. TBAFFrC ENGINEJ~.R~NQ.: Allan Ennis, Development Review Engineer
Comments will be forwarded.
6. UTILITIES: Linda Hammond, Civil Engineer, Engineedng Division
The properties are not loc~.ted within the County's service area. No Comments
7. FINANCIAL MANAGEMENT AND BUDGET DEPARTMENT: Richard
Roberts, Assistant Director
The proposed annexation rewIts in the loss of ad valorem taxes of $79 ,553.11 as
the above municipality does not participate in Fire-Rescue Countywide MSTU and
the Library Taxing District. In addition, certain revenue (i.e., utility service tax,
franchise fees, sales tax and state shared revenues may be marginally reduced but
cannot be estimated from the available information.
8. PARKS AND RECREATION DEPARTMENT: Tim Granowitz, Principal Planner
Commercially Zoned properties annexed by municipalities have no direct impacts
on the Parks and Recreation department.
Delray Beach
1/15/91
Stan Weedon
Page 3
Thank you for the opportunity to review and respond to these actions. Please be advised
that the comments represent staff analysis and not the position of the Board of County
Commissioners. Please include these comments with your backup materials for all
meetings and hearings where this annexation is discussed.
s{tieerely,__
-\ '~
l\ f,,'
Detmi~~~,
Planning Director
Attachment
pc: Board of County Commissioners
Bob Weisman, Administration
Donna Kristaponis, Executive Director PZ& B
Bob Banks, County Attorney's Office
Bob Kraus, ERM
Kathy Owens, Fire/Rescue
Diana Newcomer, Sheriffs Department
Nancy Defide, Engineering Department
Allan Ennis, Traffic Engineering Division
Linda Hammond, Water Utilities
Richard Roberts, OFMB
Tim Granowitz, Parks and Recreation Department
Beth McCall, Zoning Division
FILE:MAC/ ANX IDB~26 parcels
.
.
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OFDINANCE NO. 9-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS", SECTION 4.6.13 , "PARKING AND STORAGE
OF COMMERCIAL VEHICLES, BOATS, TRUCKS, AND SIMILAR
VEHICLES", SUBSECTION 4.6.13(B) , "PERMISSIBLE
PARKING", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY REPEALING SUB-SUBSECTION 4.6.13(B)(1),
"TRUCKS" AND ENACTING A NEW SUB-SUBSECTION
4.6.13(B)(1), "TRUCKS", TO PROVIDE FOR THE
PROHIBITION OF PARKING TRUCKS EXCEEDING ONE-TON
RATED CAPACITY IN R1-A RESIDENTIAL ZONING DISTRICTS;
TO PROVIDE FOR THE PROHIBITION OF PARKING TRUCKS .
EXCEEDING 3/4 TON CAPACITY IN ALL RESIDENTIAL ZONING
DISTRICTS OTHER THAN R1_A; TO PROVIDE FOR A MAXIMUM
OF TWO ONE TON TRUCKS PER RESIDENTIAL LOT IN ALL
RESIDENTIAL ZONING DISTRICTS; PROVIDING A SAVING
CLAUSE; PROVIDING A REPEALER 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 Chapter 4, "Zoning Regulations", Article 4.6,
"Supplemental District Regulations", Section 4.6.13, "Parking and
Storage of Commercial Vehicles, Boats, Trucks, and Similar Vehicles",
Subsection 4.6.13(B), "Permissible Parking", Sub-subsection
4.6.13(B)(1), "Trucks", of the Land Development Regulations of the City
of Delray Beach, Florida, be, and the same is hereby repealed.
Section 2. That Chapter 4, "Zoning Regulations", Article 4.6,
"Supplemental District Regulations", Section 4.6.13, "Parking and
Storage of Commercial Vehicles, Boats, Trucks, and Similar Vehicles",
Subsection 4.6.13(B), "Permissible Parking", of the Land Development
Regulations of the City of Delray Beach, Florida, and a new Subsection
4.6.13(B)(1), "Trucks", is enacted to read as follows:
(B) permissible Parking:
(1 ) Trucks: The fallowing restrictions on truck parking
shall be applicable in residential zoning district:
(a) In all Rl-A zoning districts, only panel, pickup,
van, and similar type trucks not exceeding one ( 1) ton rated
capacity may be permitted.
(b) In all residential zoning districts other than Rl-A,
panel, pickup, van and similar type trucks not exceeding
three-quarter (3/4) ton rated capacity may be permitted.
i (c) In all residential zoning districts, no more than
two ( 2) vehicles as specified in either section (a) or (b)
above may be parked on a lot improved wi th a residence, and
" such vehicle must be used by a resident of the premises.
;1
II Section 2. That should any section or provision of this
'I ordinance or any portion thereof, any paragraph, sentence, or word be
Ii declared by a court of competent jurisdiction to be invalid, such deci-
Ii sion shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
II Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
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Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading January 29, 1991
Second Reading
.
2 ORD. NO. 9-91
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER P71
SUBJECT: AGENDA ITEM # 10.]) - MEETING OF FEBRUARY 12, 1991
ORDINANCE NO. 9-91
DATE: February 5, 1991
This is a second reading of an Ordinance amending the Land Development
Regulations, by enacting a new sub-section II Trucks II , to provide for a
restriction on truck parking in the Single Family Residential (R-1A)
Zoning District.
Per previous Commission direction, this ordinance allows no more than
two trucks on a lot within all residentially zoned districts. In the
Single Family Residential (R-1A) Zoning district only panel, pickup,
van, and similar type trucks, not exceeding the one-ton rated capacity
are permitted. All other residential districts are limited to 3/4 ton
trucks.
Recommend approval of Ordinance No. 9-91.
OJL&, ~ 5--0
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~~
SUBJECT: AGENDA ITEM # :t - MEETING OF JANUARY 29 1991
ORDINANCE NO. 9-9
DATE: January 25, 1991
This is a first reading of an Ordinance amending the Land Development
Regulations, by enacting a new sub-section "Trucks", to provide for a
restriction on truck parking in the Single Family (R-1A) Zoning
District.
Per previous Commission direction, this ordinance allows no more than
two trucks on a lot within all residentially zoned districts. In the
Single Family (R-1A) Zoning district only panel, pickup, van, and
similar type trucks, not exceeding the one-ton rated capacity are
permitted. All other residential districts are limited to 3/4 ton
trucks.
Recommend approval of Ordinance No. 9-91.
r~ lS+~ \ \ d.-q 19 I
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PlL8US \-{ c9--1t!QI
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~iTY ~TTORNEY'S OFFICE -TEL' No . 407 278 4755 Jan 25,91 11 : 36 P.06
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[I" IF DELAA' IEA[H
CITY AnORNEY'S OFFICE 310 S,E, 1st STREJ~T. SUITF 4 . DELRA Y UI',A('H, H,ORIDA 33483
407/24).7090. TEL[COI'IFR 407/278-4755
MF.MORANDlJM
Date: January 25, 1991
To; City Corrunission ~-(
From: David N. Tolces, Assistant City Attorney
Subjeot: Land Development Requlation Amendments
As Oirected by the City Commission, this ordinance addresses
truck parking within residential zoning districts. This
ordinance will result in allowing no more than two "trucks" on
a lot within all residentially zoned c1!stricts. In Rl-A
districts, there is a one-ton limit on truck size, and in all
other residential districts, the limit on truck size is 3/4
tons. Furthermore, the truck. parked at the premises must be
used by a resident of those premises.
I DNT:ah
Atta.chment
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CIn ATTORNEY'S OFFICE TEL No, , 40.7 2"'S 4755 .:'an .::S,?~ '''~'''' ~ ,- ~~
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QFOIN~CE NO 9-91
AN ORDIN1\NCE OF THE CITY COMMISSION OF THE CI'I"I OF
DELRA'l BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS", SECTION 4. 6. 13 , .. P1\RKING AND STORAGE
OF COMMERCIAL VEHICLES, BOATS, TRUCKS, AND SIMILAR
VEHICLES", SUBSECTION 4.6.13(B), "PERMISSIBLE
PARKING", OF THE L1\ND DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY REPEALING SUB-SUBSECTION 4.6.13 (B) ( 1 ) ,
"TRUCKS" ~D ENACTING A NEW SUB-SUBSECTION
4.6.13 (B)( 1) , "TRUCKS" , TO PROV:J:DE FOR THE
PROHIBITION OF PARKING TRUCKS EXCEEDING ONE-TON
RATED CAPACITY IN R1-A RESIDENTIAL ZONING DISTRICTS;
'1'0 PROVIDE FOR THE PROHIBITION or PARKING TRUCKS
EXCEEDING 3/4 TON CAPACITY IN ALL RESIDENTIAL ZONING
DISTRICTS OTHER THAN Rl A; TO PROVIDE FOR A M1IXlMUM
OF TWO ONE TON TRUCKS -PER RESIDENTIAL LOT IN ALL
RESIDENTIAL ZONING DISTRICTS; PROVIDING A SAVING
CLAUSE I PROVIDING A REPEALER C~USE: PROVIDING AN
EFFECTIVE DATE.
NOW, THEllEFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA'l BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "zoning Regula.tions", Article 4.6,
"Supplemental District RellUlations", Section 4.6.13, "Parkin9 anlS
Storage of Commercial Vehicles, Boats, Truckll, and Similar Vehicles",
Subsection 4 . 6 .13 (B) , "permissible Parking" , Sub-subsect~
4.6.13(B)(11, "Trucks", of the Land Development Regulations of the C
ot Delray Beach, Florida, bei and the same i. horeby repealed.
Seltion 2. That Chapter 4, "zoning Regulations", Article 4.6,
"Supplementa District Regulations", Section 4.6.13, "Parking and
Storage of Commercial Vehicles, Boats, Trucks, and Similar Vehicles",
Subsection 4.6.13(8), "Permissible ParJdn9", of the Land Development
Regulations of the City of Delray Beach, Florida, And II new Sub.ection
4.6.13(B)(1), "Trucks", is enacted to read as follows:
(Bl Permissible parking:
I
i truck
shall
I van
: capac
Section 2. That should any section or provision of this
orlSinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such lSeci-
sion ahall not affect the validity of the remainder hereof a. a whole or
part thereof other than the part declared to be invalid.
Section 3. That all ordinance. or parts of ordinances whi
are in conflict herewith are hereby repealed.
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CITY ATT9RNEy'~ OFFICE TEL No, 407 ~78 4755 Jan 25,3~ ~ : : :-.... ~ ;~
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Section 4. That thi. ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
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2 ORD. NO. 9-91
<,
.N.'.... .-.... . 7
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[IT' DF DELAA' BEA[H
CITY ATTORNEY'S OFFICE 310 S.L, 1 st STREET, SUITE 4 . DELRA Y BLACH, FLORIDA 33483
407/243-7090 . TELECOPIER 407/278-4755
MEMORANDUM
Date: January 25, 1991
To: City Commission ~{
From: David N. Tolces, Assistant City Attorney
Subject: Land Development Regulation Amendments
As directed by the City Commission, this ordinance addresses
truck parking within residential zoning districts. This
ordinance will result in allowing no more than two "trucks" on
a lot within all residentially zoned districts. In R1-A
districts, there is a one-ton limit on truck size, and in all
other residential districts, the limit on truck size is 3/4
tons. Furthermore, the trucks parked at the premises must be
used by a resident of those premises.
DNT:sh
Attachment
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~
SUBJECT: AGENDA ITEM =It - MEETING OF FEBRUARY 12, 1991
ORDINANCE NO. 10-91
DATE: FEBRUARY 5, 1991
This is second reading of an ordinance amending Title IX,
"Business Regulations" , Chapter 118, "Solicitors and Peddlers",
Section 118.27, "Fees" , of the Code of Ordinances by repealing
Subsections (A) and (C) in their entirety and by designating the
remaining subsections in proper alphabetical order. This
ordinance follows Commission direction regarding the elimination
of application and registration fees for charitable
organizations. No other provisions of the Code with regard to
professional solicitors or other professional fundraising
personnel has been changed.
Recommend approval of Ordinance No. 10-91.
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___ ...________.____,~_ . __.u____ __
ORDINANCE NO. 10-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "BUSINESS
REGULATIONS", CHAPTER 118, "SOLICITORS AND
PEDDLERS", SECTION 118.27, "FEES" OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
REPEALING SUBSECTIONS (A) AND (C) IN THEIR ENTIRETY,
AND BY DESIGNATING THE REMAINING SUBSECTIONS IN
PROPER ALPHABETICA... :,::mER; ?RO':::::NG A SAVING
CLAUSE; PROVIDING A REPEALER ~LA:;SE, 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 Title IX, "Business Regulations", Chapter
188, "Solicitors and Peddlers", Section 118.27, "Fees" of the Code
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
t1l.t--Eaea --a~~H:ea~iea --rer --re~is~ra~iea --as --a --eaari~a},%e
er~aail!la~iea -saa%% -},e -aeeelll~aaied -},y -a -$49 -eri~iaa% -a~~%iea~iea
ree...
tBt (A) Each application for registration as a professional
solicitor shall be accompanied by a $40 original application fee.
tet --tit --Eaea -eaari:~a},%e -er~aai~a~iea -whieh -reeeived -ia
exee!l!l-e~-$i9,eee,-},~~-ae-llIere-~haft-$5e,ee9-ift-~res!l-eea~ri}'~~ieas
d~ria~ -i~!1 -~rier -~isea~ -year, -er -afty -ehari~a},~e -er~aaiza~iea
a~~%yia~ -rer -ifti~ia~ -re~is~ra~ieft -waiea -aas -fte~ -reeeived -aay
eea~ri},~~iea!l,-saa%%-~ay-aa-aaa~a%-re~is~ra~iea-ree-er-$iee...
t~t--Eaea--eaari~a},%e--er~aail!la~iea--whieh--reeeived--ia
exees!l--er--$5e,eee,--},~~--ae--llIere--~aaa--$ie9,eee--i:a--~re!ls
eea~ri}'~~i:ea!l-d~ria~-i~s-~ri:er-risea%-year-!Iha%%-~ay-aa-aaa~a%
re~i!l~ra~iea-ree-er-$~99...
t3t--Eaea--eaari~a}'ie--er~aail!la~i:ea--whieh--reeeived--ia
exees!I -er -$ige,999 -ia -~re!l!l -eea~ri}'~~iea!l -d~ria~ -i:~s -~ri:er
ri!lea%-year-!Iaa%%-~ay-aa-aaa~a%-re~i:s~ra~iea-ree-er-$3ge...
t4t--Revea~e-reeeived-rrelll-~everl'\lllea~-~raa~!I-er-aay-e~aer
~everl'\lllea~ -4~~eea~ieft -Sh4%% -fte~ -},e -~sed -~e -de~erllli:fte -~ae
e4~e~ery-er-re~i:s~ra~iea-ree,:,
tBt (B) Each fundraising consultant or professional solicitor
shall pay an annual registration fee of $500.
tElt (C) Each professional solici tor employee shall pay an
original application and registration fee of $25 and an annual
renewal registration fee of $15.
tPt (D) The fee for a change of address shall be $10.
tat (El The fee for a change of name shall be $10.
tHt (F) The fee for a change of address and name when submitted
simultaneously shall be $10.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such deci-
sion shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
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Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the _____ day of , 1991.
"__ __1.,R
ATTEST:
City Clerk
First Reading January 29, 1991 ,
Second Reading
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:, 2 ORD. NO. 10-91
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~9ft1
SUBJECT: AGENDA ITEM # I;L~ - MEETING OF JANUARY 29, 1991
ORDINANCE NO. 10-91
DATE: January 25, 1991
This is a first reading of an Ordinance amending Section 118.27 "Fees"
of the Code of Ordinances by repealing Subsections (A) and (C) in
their entirety; and by designating the remaining subsections in
proper alphabetical order. This ordinance follows Commission
direction regarding eliminating the numerous requests for waiver of
application fees we have received from various charitable
organizations. No other provisions of the Code with regard to
professional solicitors or other professional fundraising personnel
has been changed.
Recommend approval of Ordinance No. 10-91.
p~ em ~ JWVlL 11~9/ql - 5}0
PH ::: Q.,\ 1~19 \
Pu.BuS H '. ~lllcll .
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CITY ATTORNEY'S OF~ICE . TEL No. 407 278 4755 Jan 25,91 14:36 P.02
tiT' DF DELAA' BEAtH
CITY ATTORNEY'S OFFICE 310 S,E. Isl SlRl:.ET. SUITE 4 . DELRA Y BEACH, f'LORrDA 33483
407/243-7090' TEU;cOPIER 407{278-47$5
MEMORANDUM
Da.te: January 24, 1991
To; CitY' Commission
F 1: om : David N. Tolces, Assistant City Attorne~
Subject: Charitable Organization Amendment
As directed by the city commission, this ordinance repeals the
tee charged to char i table organizations. operating within the
City.
DNT:sh
Attachment
cc. David Harden, City Manager
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CITY ATTORNEY'S OFF!CE TEL No, 407 27? 4755 Jan ~5,9: :4:36 p .:'3
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ORnINANCE NO. 10-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "BUSINESS
REGULATIONS", CHAPTER 118, "SOLICITORS ~
PEDDLERS", SECTION 118.27, "FEES" OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
REPEALING SUBSECTIONS (A) AND (C) IN THEIR ENTIRETY,
Mm BY DESIGNATING THE REMAINING SUBSECTIONS IN
PROPER ALPHABETICAr.. :,:mER i ?Rv',~::!NG A SAVING
CLAUSE; PROVIDING A REPEAL:m ~!..~.:~E ; ?FOVIDING AN
E!'rECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Title IX, "Builiness Reg\llations", Chapter
188, "Solicitors and Peddlers", Section 118.27, "Fees" of the Code
Ordinance II of the City of Delray Beach, Florida, be, and the same 1s
hereby amended to read as follow. I
f~tnBe.ea --e.ppi:*ea~ioft --for --l'e,tat:ra~*e!l. --as na --eftlU'*~uie
er'al\ha~!:eft -saaH -be -aeeolftJtaftJ:ed -by -a -14e -edltaai -appHeadoft
fee,.
fBt (A) Each application for re9istration all a professional
solicitor shall be accompanied by a $40 ori9inal application fee.
fet --fit --Saeh -ehart~~i. -erlafttft.~~eft -whteh -reee~ved -ta
exee..-et-$i8;eee.,-e.~-fto-me~e-~h.ft-'SeTQQQ-tft-,~ess-eoft~~tb~~te~-
d.rtftl -i~. -pr~er -f~aea~ -ye.~., -or -aftr -ehari~.b~e -e~Iaa!la~t
appzyiftl -fer -~ftt~~a~ -rel~..r.t~eft -wateh -has -fte~ -reeetved -a._
eeft~rie.tiefts.,-.aasz-pay-al\-aaft.al-r.lt.era~toft-fee-ef-'SeeT
+i+--Baeh--ehart~aeie--or,aftt.a~teft--wh~eh--reeet~ed--In
exeesa--o!--$S9.,8e8.,--..'--fto--mere--ehal\--'iQQ.,8ee--!1\--11'0..
eeaer!e.~teft.-4.rtft,-.'.-pr..r-!t.eai-rear-.hatt-pay-aft-aaft.as
l'eli.~raeiol\-fe.-.f-'i89T
+~t--Ba.h--eh.rt~..ie--er'.ftt.a~teft--whieh--reeeived--ift
exee.. -e' -uee.,889 -h -,r... -eeaedb.ebft. -d.dftl -H. -pder
f!.eat-year-.aail-pal-al\-.l\ft.ai-r.,..~r.~tea-fee-ot-$39e,.
t4t--R.veft.e-r.eetv"-fr~-,overftmeft~-,ral\t.-er-aftr-e~aer
leVerftmeft~ -.~aee..~oft -.fta~i -fto. -e. -.... -eo -de~.rM~fte -~ae
ea~elory-.f-re,i'~rattea-fee,.
fBt (8) Ea.ch fund.raiain; cONlultant or professional solicitor
shall pay an annual r89istration fee of $500.
fB+ (C) Each professional soHcitor employee shall pay an
ori;inal application and. re918tration fee of $25 and an annual
renewal re9istration fee of $15.
~
tn (D) The fee for a chan;_ of ad.dres. ahall be $10.
foet (2:) The fee tor a chan;e of name shall be $10.
tH+ (F) The fee for a change of addre.. and name when submitted
lIimultaneously IIhall be $10.
Section 2. That shOUld. any section or provillion of this
ordinance or any portion thereof, any paragraph, sentence, or word be
d.eclared by a court of competent jurisd.iction to be invalid, such deci-
sion shall not affect the validity of the remainder hereof as a whole (
part thereof other than the part declared. to be invalid..
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CITY ATTORNEY'S OFFICE TEL No, a07 278 4755 Jan ~5,91 ~j::7 p ,'~ 4
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Section 3. Tha.t all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days atter its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and find
reading on this the _____ day of , 1991.
_ J,R
ATTEST:
City Clerk
Firat Reading
Second. Reading
~
2 ORD. NO. 10-91
'"
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I
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[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 310 S,E. 1st STREET, SUITE 4 . DELRA Y BEACH, FLORIDA 33483
407/243-7090. TELECOPIER 407/278-4755
MEMORANDUM
Date: January 24, 1991
To: City conunission
From: David N. Tolces, Assistant City Attorney~
Subject: Charitable Organization Amendment
As directed by the City Conunission, this ordinance repeals the
fee charged to charitable organizations operating within the
City.
DNT:sh
Attachment
cc. David Harden, City Manager
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA REPORT - MEETING OF FEBRUARY 12, 1991
ORDINANCE NO. 11-91
DATE: February 5, 1991
This is a second reading of an ordinance prepared by the City
Attorney's office in order to clarify the inapplicability of Section
36.04 of the City's code to instances where the City has authorized
the taking of a property.
Section 36.04, "Acquisitions of Real Property", presently requires
that before any purchase of real property shall be effected, a notice
setting forth the terms and conditions of the purchase shall first be
published once a week for at least two weeks in a newspaper of general
circulation before adoption by the Commission of a resolution
authorizing the purchase of property. It appears that Section 36.04
was drafted to ensure the public would be apprised of the terms and
conditions of any purchase and therefore act as a check against bad
transactions. In the eminent domain setting, however, public scrutiny
of any such acquisition already exists, making Section 36.04
redundant. Consequently, due to the requirements of Section 36.04,
there could potentially be a damaging delay in order to effectuate the
acquisition of property.
Recommend approval of Ordinance No. 11-91.
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_._.m . _~ _ __.._
ORDINANCE NO. 11-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING TITLE III,
"ADMINISTRATION", CHAPTER 36, "FINANCE; CITY
PROPERTY TRANSACTIONS", SECTION 36.04,
"ACQUISITION OF REAL PROPERTY", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
TO PROVIDE THAT THE PUBLICATION OF THE TERMS AND
CONDITIONS OF THE PURCHASE OF PROPERTY SHALL NOT
BE NECESSARY IN THE EVENT THE CITY HAS
AUTHORIZED THE USE OF ITS 'EMINENT DOMAIN POWERS;
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER 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 Title III, "Administration", Chapter
36, "Finance; City Property Transactions", Section 36.04,
"Acquisition of Real Property", of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
Sec. 36.04 ACQUISITION OF REAL PROPERTY
Whenever, in the opinion of the City Commission,
it would be in the best interest of the City to
purchase certain real property which would be required
for municipal purposes, the Commission is authorized
and empowered to make that purchase at the price and
upon the terms and conditions it deems to be in the
best interest of the city. ~~wetetJ//~et~te//int
pii~*a_f/~t/teal/;t~;et~Y/_~all/~e/ette~~e~1 Unless the
ci t has authorized the use of its eminent domain
~owers for the purchase of rea property, a notlce 0
hat purchase, setting forth the terms and conditions
of any purchase of real property, shall be first
published once a week for at least two weeks in a
newspaper of general circulation published in the city
before adoption by the Commission of a resolution
authorizing the purchase of the property at the price
and on the terms and conditions set forth therein.
Section 2. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity or the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 3. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading January 29, 1991
Second Reading
;1'1 .
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERi,crr1
SUBJECT: AGENDA ITEM #~ - MEETING OF JANUARY 29, 1991
ORDINANCE NO. 11-91
DATE: JANUARY 25, 1991
This is first reading of an ordinance prepared by the Ci ty
Attorney's Office in order to clarify the inapplicability of
Section 36.04 of the City's code to instances where the City has
authorized the taking of a property. If passed, public hearing
will be held on February 12, 1991.
Section 36.04, "Acquisition of Real Property", presently requires
that before any purchase of real property shall be effected, a
notice setting forth the terms and conditions of the purchase
shall first be published once a week for at least two weeks in a
newspaper of general circulation before adoption by the Commis-
sion of a resolution authorizing the purchase of property. It
appears that Section 36.04 was drafted to ensure the public would
be apprised of the terms and conditions of any purchase and
therefore act as a check against bad transactions. In the
eminent domain setting, however, public scrutiny of any such
acquisition already exists, making Section 36.04 redundant.
Consequently, due to the requirements of Section 36.04, there
could potentially be a damaging delay in order to effectuate the
acquisition of property.
Recommend consideration of Ordinance No. 11-91 on first reading
as recommended by the City Attorney.
fQOO.<..dL 011 ~ cAWLfL Ildq 1'1 I
PH on a/ld.-Jq I
PlLBU5 i-l: ~/'l q I
crTY ~TTORNEY'S OFF'ICE TEL No. 407278 4755 Jar 11,~1 lS:~l ~,~'5
A ., ..
ORDIMANCB MO. 11- 91
AN ORDINANCE Or' THE CITY COMMISSION OF ntE CIn Or'
DELRAY 8EACH, !"LORIDA, AMENDING TITLE 3 , .. .a.DMINI-
STRATION", CHAP'rU 36, "FINANCE 1 CI'l'Y PROPERTY
TRANSACTIONS", SECTION 36.04, "ACgUISITION or R1!:AL
PROPERTI", or THE CODB or ORDINANCES or THE CIn OF
DELRAY BEACH TO PROVIDE THAT THE PUBLICATION OF THE
TBRMS AND CONtlITIOMS or THE PURCHASB 01" PROPERTY
SHALL NO'1' SB NBC&SSAltY IN THB EVENT THE CITY KAS
AUTHORIZeD THE USE or ITS BMINDIT DOMAIN POWERS 1
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALD CLAUSI; AMD PROVIDING AN EFFECTIVE DATE.
NOW, THEREFOU, BE IT OJU)AINBD BY THE CITY COMMISSION OF THE
CI'I"l or DILRAY BEACH, Ft.OIUDA, AS l'OLLOWS:
section 1. ThA~ Tit.le J, "Administration", chapter 36,
"Finance I C! ty Property Transactions", Section 36.04, "Acqu1d Hon of
Real property" of the Code of orcUnance. of the City of Delray Beach,
'lorida, be, and the .ame i. hereby amended to read as tollowsl
Sec. 36.04 ACQUISITIOM or a&AL peopKRTY.
Sectlon 2. '1'h&t .bould &D1' -.ction or provhion of thh
orcl1nance or any port10n thereof, &DJ' paragraph, .entence, or wareS be
declared by . coun of cc:npet8llt jur1a41ct10n to be invalid, su.ch
deci.ion .hall not affect the val1cUty or the r.ainder hereof .. "
whole or part thereof other tbaA the ~t declared to be invalid.
Sectlon 3. That all orcUnanc.. or part. of ord1n&nce. which
are 1n coDt lict herev! th are beru, r.,..lecl.
5~t10n 4. That th1. orcUauce .l\all bec~ effective
1nIDedla~ely upon pa..age on aecODd an4 final reacUng.
.USBD AND ADOPrI:D 1n regular ....lon on .econd &Dd Unal
reacUng on th1. the _ day of , 19'0.
lCAyea
A'r'l'U'l':
CUy Clerk
Flnt Readlng
Seoond .ea41q
HI~ .
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~ J)igby I ~..jdgcs, l\Ia.. . l:,~uciaLcs, J ).1 \.
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I I i 12t1 N.E. :iT I I AVENUE, OELI~^Y BE^CII, FL33t183
II j I:
! I i I 407-278-1388
II' I
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12 February 1991 F-~'L) i
ttj 121991
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tVli! ,.~ -, ", i
Mr. David Harden, '''~ ,IJt;( ~, (:FC'I'"
.'. I {jl
City Manager
City of Delray Beach
100 N.W. 1st Street
Delray Beach, Florida 33444
RE: Pleasure Boat Ticket Sales Office and Operations
Burt Handelsman ~
i
Dear Mr. Harden: ,
I
Please withdraw the above mentioned project from this week's I
agenda. We will present it again at a later date when we obtain
further information. I
I
Thank you for your assistance in this matter. f
Best regards,
Yours sincerely,
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
~ VOiD
Digby C. Bridges, A.I.A., R.I.B.A.
~
DeB/sl "
0';.
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CHARTERED ARCHITECTS - PIANNERS - INTERIOR DESIGNERS
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~cr/l'\l '" B/:D t-l-
SUBJECT: AGENDA REPORT - MEETING OF FEBRUARY 12, 1991
ORDINANCE NO. 23-91
DATE: February 5, 1991
This is a first reading of an Ordinance rezoning property located on
the east side of Palm Square from Residential Medium (RM) Zoning
District to Community Facilities (CF) Zoning District in order to
accommodate the proposed expansion and upgrade of a parking area south
of the Boyd Building.
It is the intent of the owner to provide 31 parking spaces
specifically for the proposed passenger boat loading and ticket sales
office. Those spaces are to be developed in conjunction with the
Bridge Restaurant parking lot to the north. At present, that parking
lot has 40 spaces. Additionally, the Bridge Restaurant is requesting
a 980 square foot deck expansion. That expansion would require an
additional four parking spaces. In total 75 parking spaces are to be
provided.
Because the Future Land Use Map shows this property as Medium Density
Residential, the property must be rezoned in order to support a
parking lot. While CF zoning is primarily intended for facilities
which serve public and semi-private purposes, it does accommodate a
privately operated parking lot as a conditional use.
The Planning and Zoning Board at their January' 28th meeting
unanimously (7-0 vote) recommended approval of the rezoning. One
citizen spoke in opposition. A detailed staff report is attached as
backup material for this item.
12.Ff.
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- --...-- -. ------ -- ._---,---- - ----.--.. _.___. .___.____ _n__ --
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ORDINANCE NO. 23- 91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDEN-
TIAL) DISTRICT IN CF (COMMUNITY FACILITIES)
DISTRICT; SAID LAND BEING LOTS 58 AND 91 OF A
SUBDIVISION OF BLOCKS 125 AND 133 OF THE CITY OF
DELRAY BEACH, FLORIDA, KNOWN AS PALM SQUARE, AN
UNRECORDED PLAT; SAID LAND BEING LOCATED ON THE
EAST SIDE OF PALM SQUARE, BETWEEN EAST ATLANTIC
AVENUE AND S.E. 1ST STREET; 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 CF (Community Facilities) District as defined in Chapter
Four of the Land Development Regulations of Delray Beach, Flori-
da, to-wit:
Lots 58 and 91 of a subdivision of Blocks 125 and 133
of the City of Delray Beach, Florida, known as Palm
Square, according to the unrecorded Plat thereof
prepared by George A. Long, Surveyor, February 1920 for
Frank Noble, Trustee, a copy of said unrecorded plat
being on file in the office of the City Clerk of Delray
Beach, Florida. Said lands being more particularly
described as follows:
A part of Blocks 125 and 133 of the City of Delray
Beach (formerly Linton), Florida, as per plat thereof
on file in the office of the Clerk of the Circuit Court
in and for Palm Beach County, Florida, recorded in Plat
Book 1, Page 3; beginning at a point on the east line
of Block 133 west of the canal, which point is approxi-
mately 190.02 feet southerly from the Northeast corner
of said Block 133 west of the cana I; thence southerly
along the east line of said Block 133 west of the
canal, a distance of 25.11 feet, more or less; thence
run west 239.65 feet, more or less and parallel to the
north line of said Block 133 west of the canal to the
then right-of-way line of Palm Avenue; thence run north
along the east right-of-way line of Palm Avenue a
distance of 25.00 feet, more or less; thence run east
and parallel to the north line of said Block 133 west
of the canal a distance of 243.07 feet, more or less,
to the point of beginning.
The subject property is located on the east side of
Palm Square, between East Atlantic Avenue and S.E. 1st
Street.
The above described parcel contains a 0.1388 acre
parcel of land, more or less.
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 ~arts of oadinances
in conflict nerewith be, and the same are here y repeale .
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----------- -------.. ----- - ----------,-- -..---- -..- ----------- ----_._,,--
Section 4. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of , 1991-
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
'"
C I T Y COM MIS S ION DOC U MEN TAT ION
TO, ~ON MACGREGOR-HARTY, CITY CLERK
, ~j ~UU4t-
FROM: D ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 12, 1991
FIRST READING OF ORDINANCE REZONING PROPERTY ON THE
EAST SIDE OF PALM SQUARE FROM RM TO CF
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a rezoning ordinance. The change is for a
0.13 acre area comprise~of two substandard RM lots.
The project involves expansion and upgrading of parking area
south of the Boyd Building (Atlantic Avenue at the
Intracoastal).
BACKGROUND:
(Also, see the related agenda item pertaining to establishment of
a passenger boat loading area.)
This property is currently vacant and is in the same ownership as
is property to the north. Immediately to the north, adjacent
vacant land is zoned CBD. A CBD zoning designation cannot be
accommodated on this site because the Future Land Use Map shows
it as Medium Density Residential; hence the current zoning of RM.
The property owner wishes to expand and upgrade the existing
parking area. To do so, this property must have a zoning other
than RM. The Community Facilities (C.F. ) district in a vehicle
through which this desire can be accommodated. While the C.F.
district is "primarily intended for facilities which serve public
and semipublic purposes" it does accommodate a "privately
operated parking lot" as a conditional use. Thus, the use of the
zoning for the intended purpose is appropriate and permitted.
This application of the Code has been challenged by a Mr. Dominic
A. De Ponte. See his attached letter excerpt.
The lots in their present configuration and zoning cannot be used
for any purpose allowable under the RM zoning district.
.
City Commission Documentation
Meeting of February 12, 1991
First Reading of Ordinance Rezoning Property
On the West Side of Palm Square From RM to CF
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at it's
meeting of January 28th at which time a duly notice public
hearing was held. The Board considered the argument of Mr. De
Ponte and then unanimously (7-0) recommended approval of the
rezoning.
RECOMMENDED ACTION:
By motion, approval of the Ordinance on First Reading and setting
of a public hearing date of February 26th.
Attachment:
* Excerpt of Mr. De Ponte's letter which pertains to the
rezoning.
DJK/#78/CCPALM.TXT
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TO: DELRAY BEACH PLANNING &ZONING COMMISSION
\
RE: APPLICATION FOR BOAT LANDING AND SALES TICKET OFFICE - PALM WAY
;.
AGENDA ITEM IIIB
I am appearing tonight to challenge the legality of this Application as
follows:
I. ISSUE REGARDING CHANGE OF ZONE FROM RM TO CF
A. In this application, a community Facility zoning is an improper
zone to use. It is a violation of the purposes and intent of
section 4.421.
\ "(A) Purpose and Intent: The Community Facilities (CF District)is
a special purpose zone district primarily intended for facilities which serve
public and semi-public purposes. It is also applied to regulated properties
\
subjected to a transfer of developmental rights. Such purposes include
\\
governmental uses, churches, educational, service and institutions. The CF
District is deemed compatible with all land use designations shown on the
Future Land Use Map."
It's scope is to include in 4.4;21 (B) the following uses:
(1 ) Governmental Facilities such as courthouses, post office, fire
stations, etc.
( 2) Community Facilities, such as civic centers, community
centers, community theater. cultural facilities and
auditoriums, libraries, museums.
( 3 ) Parks and Recreation facilities, such as parks, ballparks.
( 4 ) Service oriented facilities, such as Abused Spouse Residences,
(, Child Care Centers,
etc.
FURTHERMORE , Delray Zoning Code Section 173.745 states the Purpose and
177.746 outlines Permitted Use, as follows:
"Such Facilities shall include cultural. educational, medical,
institutional and qovernrnental facilities."
, I
(B) A commercial boat landing and sales ticket office does not come
w~thin any of the above ou"l ined uses, AND, therefore, it cannot
av~il itself of a CF Zone chanqe.
,
In interpreting ordinances, we must look at the Legislative intent. Clearly,
this type of operation is not contemplated to be included as "Community
Facility." If you permit this interpretation, then, it would be too broad
and vague and become an Unconstitutional Ordinance at Law, but it is good
\
law. It is \; to be interpreted properly. CF could conceivably be used in
every zoning application situation under the above premise, which is bad law.
However, statute 173.746 clearly defines the uses that could avail itself of
this Zarling Ordinance and none include a boat excursion or amusement ride.
consequently, CF Zoning cannot be made available to cover this special
situation. The Zone change must be rejected and denied.
\
(C) In the event this Zone is approved in its present form, it would be
~
tantamount to SPOT ZONING'which is illegal. Effectively, you are
changing RM Zone to CBD Commercial. You are permitting indirectly
what you could not permit to do directly. If you find a hardship
because of the argument given and grant this Application, it would
\
amount to a variance which your Commission has no authority to
\~
give, and it would again be spot Zoning.
The only remedy available to Applicant, if he wants to pursue this
Use, would be to seek a Land Use change and a new Future Land Use
Map for a CBD Zone, and Applicants knew this from the start.
...
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The proposed use is incompatible with RM Zone and Adjoining
Residential Historic District. It is, furthermore, inconsistent with the
ambiance of the Historic District. Lastly, it is against the Comprehensive
Plan adopted February, 1990 which recommends that this area remain stable.
\
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< I ca~'t conjecture anything that this Amusement Ride
I is more unstable than
with a box lunch and drinking parties in the daytime and evening! I ! A
CARNIVAL ATMOSPHERE ! ! ! !
Lastly, it would be logically impossible, in light of the above, for the
Staff and Commission to render favorable required findings as per Section
\
2.4.5(0)(1) and section 3.1.1.
~
THE ZONING APPLICATION MUST BE DENIED.
\ The request for consideration for a Conditional Use for a private
ISSUE II:
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parking lot in the CF Zone therefore becomes mo~ for reasons set out above.
t
ISSUE III: Consideration of Conditional Use for a passenger boat loading
facility and ticket office in CBD Zone is improper.
A. There is no use set out in CBD Zone for a boat landing facility -
it never intended to permit this type of operation.
B. Applicant attempts to utilize section 4.3.2. (C)(2) to establish a
"~imilarity of use" to classify use of Applicant in CBD Zone.
~
(1 ) section 4.4.13(B)(3) is relied on as one similar use viz
\ "RESTAURANT."
~ Although Application mainly states use as a boat landing
facility and a boat sales ticket office. Then the reports
talk about a restaurant with food. It wasn't until 1-14-91 in
a letter sent by stillwater Cruises to Mr. Handelmann when
they first disclosed sale of food. I AM VERY SUSPECT OF THIS
- WHOSE IDEA WAS THIS? It appears as a realization of a
weakness in their argument without food. However, the use
\ described still does not meet the SIMILARITY TEST for the
~ following reasons:
3
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PLANN; I NG 8. ZON ING BOARD
CITY --- STAFF REPORT - --
OF OELRAY BEACH
MEET ING rnTE: JANUARY 28, 1991
AGe.o=. ITEM: III. D.
REZONING FROM RM TO CF ON APPROXIMATELY 0.13 ACRES IN ORDER TO ACCOMMODATE
r TEM: PARKING FOR COMMERCIAL USES. THE AREA IS LOCATED BETWEEN COMMERCIAL ZONING
ANn RESIDENTIAL ZONING ON THE EAST SIDE OF PALM SQUARE, SOUTH OF ATLANTiC AQE.
ItU50 7- \
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GENERAL DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Coastal Properties
Gedney Station, New York
Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . Digby C. Bridges
Location........................On the east side of Palm Street,
just South of East Atlantic
Avenue.
Property Size...................O.13SS Acres
City Land Use Plan..............Medium Density 5-12 du/acre
City Zoning.....................RM (Residential Medium)
Adjacent Zoning.................North and West of the subject
property is zoned CBD (Central
Business District). South of the
subject property is zoned RM
(Residential Medium), and the
Eastern border abuts the
Intracoastal Waterway.
Existing Land Use...............Vacant
Proposed Zoning.................CF (Community Facilities) for a
parking lot.
Water Service...................2.. water main trim along Palm
Street.
Sewer Service...................S.. sanitary sewer line along Palm
Street.
ITEM: III. B.
.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a Rezoning of Lots 58 and 91 from RM to CF. The property is
located south of Atlantic Avenue, east of Palm Square and west of
the Intracoastal Waterways.
BACKGROUND:
The subject of future use of these Lots was before the Board at
its meeting on November 17, 1990, when there was a determination
of similarity of use relative to a Commercial Boat Landing. It
was determined that the use is similar to other uses such as
restaurants and places of assembly for commercial entertainment
purposes. Because of its unique character, the Board also
determined that it be allowed as a conditional use.
At the same meeting, the parking issue was discussed. Pursuant
to 4.4.13(G)(1) the CBD parking requirement of 1 space per 300
sq. ft. would apply. The Board felt that since this use was
unique in nature, that no additional formal parking requirements
should be established, however at time of site plan approval they
would be looking for more than the required 10 parking spaces.
The subject lots were to be a part of the new parking area.
June 1986, the subject property was discussed as an additional
parking area for the Patio Delray. When the Patio Delray was in
for Conditional Use and Site Plan approval, the Planning and
Zoning Board determined that there were 14 parking spaces
required in addition to those at the exact location of building.
The subject site parking was discussed among the Downtown
Development Authority, the Community Redevelopment Agency and the
owners of the property. A proposal was put forward that the City
would buy the parking lot and the Patio Delray would pay for the
improvements of the 14 spaces. However, when the petition went
to City Council, no mention was made of the proposal and nothing
was pursued following that.
With the additional parking, as related to the Patio Delray, it
should be noted that the residents in the surrounding
neighborhoods had concerns with traffic which would travel
through their neighborhood.
PROJECT DESCRIPTION:
The associated development proposal is to construct a boat sales
ticket office with an attendant parking lot. The boat will take
pleasure cruises on the Intracoastal Waterways. It is the intent
of the owner to provide 31 parking spaces specifically for the
boat. The parking is to be developed in conjunction with the
Bridge Restaurant lot to the north At present, that parking lot
-
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 2
has 40 spaces. The Bridge Restaurant is requesting a 980 sq. ft.
deck expansion. The expansion requires 4 additional parking
spaces. In total 75 parking spaces are to be provided. It is
necessary to rezone lots 58 and 91 to CF in order to use the
property as a parking lot. The current zoning RM precludes such
use.
ZONING ANALYSIS:
This parcel is currently zoned RM. The surrounding zoning is
CBD to the north and northwest, to the east the parcel abuts the
Intracoastal Waterways and to the south RM. Immediately to the
west there are lots zoned RM which are in a similar situation
(ie. parking potential only).
Pursuant to Section 4.4.21(A), the Community Facilities (CF)
District is a special purpose zone district primarily intended
for facilities which serve the public and semi-public purposes.
Pursuant to Section 4.4.21(C}(8}, privately operated parking lots
and garages are allowed as a Conditional Use.
Another way to zone this property is CBD. In order to zone the
property CBD, it would take a change to the Future Land use Map,
as the existing designation is Medium Residential and would need
to be changed to Commercial Core. With this scenario, there
would be no guarantees that a commercial building, would not, in
fact, be built at some point in the future.
The applicant has chosen the option of zoning the property CF, as
CF is deemed compatible with all Zoning designations shown on the
Zoning Map and would not require a change in the Land Use Plan.
REQUIRED FINDINGS: (Section 2.4.5(D)}
Pursuant to Section 2.4.5 (D}(1), a justification statement
of the reasons for which the change is being sought must
accompany all rezoning requests. The code further
identifies certain valid reasons for approving the change
being sought. These reasons include the following:
* That the zoning had previously been changed, or was
originally established, in error;
* That there has been a change in circumstance which
makes the current zoning inappropriate;
* 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.
.
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 3
Pursuant to Section 2.4.5(d)(5), the City Commission is
required to make a finding that the petition will fulfil one
of these reasons.
The applicant submitted a justification statement which states
the following:
"Under the previous zoning, the two lots 58 and 91 were zoned
RM10 and under the previous zoning code Section 173.771 location
of off-street parking spaces, (7) (b) "Within the the GC, SC, LC,
and CBD, all or part of the off-street parking spaces may be
located on an off-site parking area which has an RM10, RH, or
RMl5 zoning districts, such site shall be subject to conditional
use approval. However, if the parking is located on a
residential, currently existing, conditionally approved or
permitted parking area pursuant to a variance, then conditional
use approval will not be required. Such parking shall also be
subject to the conditions of division (7) (c). A means of
pedestrian access from the off-site parking area to the principal
building or use shall be provided.
The above provision is not included in the new LDR's which
effectively renders these two lots of land useless. Lastly, the
rezoning to CF and ultimately to CBD will allow the lots and
adjoining lots to be developed with the best interest to the
Ci ty . "
Comment: The rezoning to CF instead of a conditional use with a
residential district allows the same result. In both the current
situation and pre-LDR situation, conditional use approval is
required for the parking function.
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).
Pursuant to 4.4.21 (A) The CF District is deemed compatible with
all land use designations shown on the Future Land Use Map.
.
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 4
Consistency:
Compliance with the performance standards set forth in
Section 3.3.2 along with the required findings in Section
2.4.5 shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies
found in the adopted Comprehensive Plan may be used in
making of a finding of overall consistency. The applicable
performance standards of Section 3.3.2 and other policies
which apply are as follows:
A} That a rezoning to other than CF within stable
residential area shall be denied. (Housing element
A2.4)
The development proposal meets this requirement.
B} That the rezoning shall result in allowing land uses
which are deemed compatible with adjacent and nearby
land use both existing and proposed; or that if an
incompatibility may occur, that sufficient regulations
exist to properly mitigate adverse impacts from the new
use.
Pursuant to Section 4.6.4(E}, where a CF zone district is
adjacent to a residential district, a special district boundary
treatment is required. A landscaped setback of 10' and either a
six foot solid masonry wall or continuous hedge at least 4 1/2'
in height is required. The attendant sketch plan indicates that
a 10' landscape setback be provided along with a 6' solid wall.
This helps to mitigate the commercial aspect of a parking lot
adjacent to a residential neighborhood.
Land Use Element:
Objective A-I: Vacant property shall be developed in a
manner so that the future use and intensity is appropriate
and complies in terms of soil, topographic, and other
applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
(b1, b3)
This proposal can be considered to be complimentary to adjacent
uses. However, the additional parking could negatively effect
the surrounding neighborhoods.
Land Use Element:
Policy A-3.3: Proposed development shall accommodate
required open space as provided for under Policy B 2.5 of
the Conservation Element and/or Policy B-1.4 of the Open
Space and Recreation Element. (See following)
.
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 5
Conservation Element:
Policy B-2.5: Whenever new development or redevelopment is
proposed along a waterway, a canal, an environmentally
sensitive area, or an area identified via Policy B-2.1, an
area equivalent to at least 10% of the total area of the
development shall be set aside in an undisturbed state; or
25% of native communities shall be retained pursuant to
TCRPC Policy 10.2.2.2. This policy shall be implemented as
a part of the development review process. (b3)
The 10% requirement (undisturbed state) would not apply; however
pursuant to 4.3.4(K) 25% of this parcel is required to be
provided in non-vehicular open space.
REVIEW BY OTHERS:
DOWNTOWN DEVELOPMENT AUTHORITY:
At its meeting of January 7, 1991, the Downtown Development
Authority discussed this petition. The general consensus was to
allow the rezoning and use of the property. The Board did discuss
the associated traffic issue. One suggestion to mitigate the
traffic problem was to request, that in conjunction with the
redevelopment of Veterans Park, that a walkway should go under
the Atlantic Avenue bridge. This could possibly allow the boat
to load and unload in the evening hours north of the bridge and
filter some of the parking to the public lot at Veterans park.
Staff Note: The concept of a walkway under the Atlantic Avenue
bridge is not consistent with the Comprehensive Plan.
HISTORIC PRESERVATION BOARD:
At its meeting of January 16, 1991, the Historic Preservation
Board discussed this petition. The Board was in favor of the
rezoning to allow additional parking in the downtown area.
When the Patio Delray Restaurant site is developed additional
parking would be a necessity.
COMMUNITY REDEVELOPMENT AGENCY:
At its meeting of January 14, the Community Redevelopment Agency
discussed this petition. At the time, no information was
available regarding the use items (ie. hours of operation, how
many boats, etc. ) , therefore the item was discussed in general.
The Board requested more information prior to a formal
recommendation.
.
.
.-
P&Z Staff Report 1/28/90
Commercial Boat Landing
Page 6
ASSESSMENT AND CONCLUSIONS:
Pursuant to Chapter 3, it clearly states that CF is the only
rezoning to occur in a stabilized residential area. By zoning to
CF, it controls the type of use and insures that a commercial
building is not constructed in proximity to the existing
residential units to the south. The issue, at hand, with respect
to Lots 58 and 91 is whether they should remain as RM and not be
usable (substandard RM lots and substandard frontage) or be zoned
so they can be integrated into the commercial property to the
north.
ALTERNATIVES:
A. Continue with direction.
B. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Chapter 3
(Performance Standards), and that pursuant to Section
2.4.5(0)(5) the rezoning fails to fulfill at least one of
the reasons listed under Subsection 2.
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(0)(5).
STAFF RECOMMENDATION:
Recommend approval of the request based upon positive findings
with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive plan.
REF:#3/A:BOAT4.TXT
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MEMORANDUM
TO:
FROM: CITY MANAGE
SUBJECT: AGENDA ITEM # - MEETING OF FEBRUARY 12 1991
ORDINANCE NO.
DATE: February 12, 1991
This is a first reading of an Ordinance amending the Code of
Ordinances to provide that the definition of "Non-assessed Property"
shall include tax-exempt properties owned by religious
organizationsj to provide for a discount for properties located
within the Lake Worth Drainage District and those properties serviced
by private street drainage systems where the City does not provide
maintenancej to provide for an adjustment for non-residential
properties not located within the Lake Worth Drainage District with
private drainage systems on site.
This proposed amending Ordinance reflects direction received at your
January 22nd workshop meeting and your January 29th regular meeting.
Recommend approval of Ordinance No. 8-91.
Pc~~4 .-{ (~~~)
on 15+ fEAD ~11d).../q I
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DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER 4/1);g
THRU: WILLIAM H. GREENWOOD
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: ROBERT TAYLOR ~,(,-(
DEPUTY DIRECTOR ENVIRONMENTAL SERVICES/PUBLIC WORKS
DATE: FEBRUARY 6, 1991
SUBJECT: STORMWATER UTILITY MODIFICATIONS
ORDINANCE NO. 8-91
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached is a copy of Ordinance No. 8-91 which serves as an
amending ordinance to Ordinance 21-90. This amending ordinance
was developed by Susan Ruby and I to reflect the intentions of
the City Commission as stated in the meeting of January 29, 1991.
The intentions of the Commission were to:
1) Exempt tax-exempt properties owned by religious
organizations from the assessment,
2) Provide a 25% discount for properties located
within the LWDD,
3) Provide a 25% discount for properties which
maintain their own streets and drainage systems,
4) Provide for discounts for properties not located
within LWDD, which have on-site retention
facilities, and
5) Utilize an approach which incorporates the density
of development in the determination of assessments
for residential condominiums.
If I have misstated any of these intentions, or if you have any
questions or comments regarding this ordinance, please contact me
at extension 7337.
RT:kt
cc: File RTDHSWU - Stormwater Utility
Interoffice Memos: Memos to David T. Harden, City Manager
Susan Ruby, Assistant City Attorney
Attachment
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--- -----------_.- ------_._._..~. -._-- ----------,~_. ---..---- ,-,--'----..-
ORDINANCE NO. 8-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE 5, "PUBLIC
WORKS" , CHAPTER 56, "STORMWATER" , OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
SECTION 56.04, "DEFINITIONS", TO PROVIDE THAT THE
DEFINITION OF "NON-ASSESSED PROPERTY" SHALL INCLUDE
TAX-EXEMPT PROPERTIES OWNED BY RELIGIOUS
ORGAN I ZA T IONS; BY AMENDING SECTION 56.15,
"IMPOSITION OF STORMWATER MANAGEMENT ASSESSMENT,
CLASSIFICATION AND CRITERIA", SUBSECTION (B) , TO
INDICATE THE AVAILABILITY OF DISCOUNTS; BY AMENDING
SECTION 56.16, "ESTABLISHMENT OF RATES FOR
STORMWATER MANAGEMENT ASSESSMENTS", SUBSECTION "
(C) l(B), TO PROVIDE A FORMULA FOR ASSESSMENTS FOR
RESIDENTIAL CONDOMINIUM UNITS; BY REPEALING SECTION
56.16, "ESTABLISHMENT OF RATES FOR STORMWATER
MANAGEMENT ASSESSMENTS", SUBSECTION (D) AND ENACTING
A NEW SUBSECTION (D) , TO PROVIDE FOR A DISCOUNT FOR
PROPERTIES LOCATED WITHIN THE LAKE WORTH DRAINAGE
DISTRICT AND TO PROVIDE FOR A DISCOUNT FOR
PROPERTIES SERVED BY PRIVATE STREET DRAINAGE SYSTEMS
WHERE THE CITY DOES NOT PROVIDE MAINTENANCE; BY
AMENDING SECTION 56.16, "ESTABLISHMENT OF RATES FOR
STORMWATER MANAGEMENT ASSESSMENTS", BY ENACTING A
NEW SUBSECTION (E), TO PROVIDE FOR THE BASIS OF THE
DETERMINATION OF IMPERVIOUS AND TOTAL AREAS OF A
PARCEL; BY AMENDING SECTION 56.17, "ADJUSTMENTS OF
STORMWATER MANAGEMENT ASSESSMENTS", SUBSECTION (A)
BY ENACTING A NEW SUBPARAGRAPH 6, TO PROVIDE FOR AN
ADJUSTMENT FOR NON-RESIDENTIAL PROPERTIES NOT
LOCATED WITHIN THE LAKE WORTH DRAINAGE DISTRICT WITH
PRIVATE DRAINAGE SYSTEMS ON SITE; PROVIDING A SAVING
CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of De1ray Beach,
Florida desires to amend Ordinance 21-90 which created Chapter 56,
"Stormwater", of the Code of Ordinances of the City of De1ray Beach,
Florida, for the purpose of providing certain discounts in order to
enhance rate equity; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida further desires to amend Ordinance No. 21-90 which created
Chapter 56, "Stormwater" , of the Code of Ordinances of the City of
Delray Beach, Florida, to provide that tax-exempt properties owned by
religious organizations shall be defined as non-assessed properties.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1- That Title 5, "Public Works", Chapter 56,
"Stormwater", Section 56.04, "Definitions", of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby amended by
amending, "Non-Assessed Property", to read as follows:
.
.
- -. -... - - -...--- -- ..----..--.---------- _... . -'0' __ __ _.
--..-->- --_.-"-, --- _._-------~---------- _..~."-- ~- ._--
"- -" ~_.-._' - ~-_.- --.._--- - --------.-- '"'-'~--------"- -,._-.----- --~-----_.._----_.._- --~._- ---.----,_.-
"Non-Assessed Property" shall mean public rights-of-way,
lakes, rivers, and other bodies of water not utilizing or
having a direct or indirect impact on the System, tax-exempt
properties owned by reliqious orqanizations, and such other
properties within the Bene f i ted Area which may be determined
by the Director to be exempt from the payment of the
"Stormwater Management Assessment".
Section 2 . That Title 5, "Public Works" , Chapter 56,
"Stormwater", Section 56.15, "Imposition of Stormwater Management
Assessment, Classification and Criteria", subsection (B) , be and the
same is hereby amended, to read as follows:
(B) For purposes of imposing the Stormwater Management
Assessment, all parcels of land, other than Non-Assessed
Property, shall have one of the following ..
classifications... and may be entitled to additional
discounts pursuant to Section 56.16.
1- Developed Property
(a) Residential Property
(b) Non-Residential Property
2. Unimproved Land
Section 3. That Title 5, "Public Works" , Chapter 56,
"Stormwater", Section 56.16, "Establishment of Rates for Stormwater
Management Assessments", subsection (c) 1. (b), be and the same is hereby
amended, to read as follows:
(b) The annual Stormwater Management Assessment for a
residential condominium unit shall be the rate for
one (1 ) ERU multiplied by fifey-ehree-pereene-t53%t
of-one-tit-BRH a numerical factor to be determined
by dividinq the total impervious area of the
property (in square feet) by the impervious square
footage per one ( I) ERU, further divided by the
number of condominium units and multiplied by twelve
(12) .
Section 4. That Title 5, "Public Works", Chapter 56,
"Stormwater", Section 56.16, "Establishment of Rates for Stormwater
Management Assessments", subsection (D) is hereby repealed and a new
subsection (D) , be, and the same is hereby enacted to read as follows:
(D) All properties are subject to the rate classifications
contained within Section 56.l6(C). However, some
properties may be entitled to cumulative discounts. The
discount rates are as follows:
1- "Lake Worth Drainage District".
(a) All properties located within the Lake Worth
Drainage District, as indicated by the Palm
Beach County name-address-legal file (NAL) ,
shall receive a twenty-five percent (25%)
discount.
ii
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II ORD. NO. 8-91
"
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.
._ _. - u.__.__ ~_. __" ------_.__.._---------~_.~-- -~, .--....-
--,------. -------._-- -----_..~-
.. ----._-,_.~-_.._~ ----- .___. _, ____..__n__ ----_._-~--,_.-..- -
2. "Privately Maintained Street Drainage Systems".
(a) All properties for which the City does not
provide for the maintenance of street drainage
systems shall receive a twenty-five percent
(25%) discount.
For example, a residential property located within the
Lake Worth Drainage District which is also served by a
Private Street Drainage System, which is not City
maintained, will be entitled to a twenty-five percent
(25%) discount for being located within the Lake Worth
Drainage District, plus, an additional twenty-five
percent (25%) discount (for a total of a fifty percent
(50%) discount) because the property is served by a
Private Street Drainage System, which is not maintained ,
by the City.
Section 5 That Title 5, "Public Works", Chapter 56,
"stormwater", Section 56.16, "Establishment of Rates for Stormwater
Management Assessments", be and same is hereby amended by enacting a new
paragraph (E) , to read as follows:
(E) The determination of Impervious Area and total area of a
parcel shall be based on data from the Palm Beach County
Master Appraisal File (herein "MAF"), from aerial
photographs, or from information provided by the owner of
such parcel if the information from the MAF is found to
be incorrect by clear and convincing evidence, as
determined in the sole discretion of the Director.
Information provided by an owner shall include, at his
own cost, such information requested by the Director,
including survey data certified by a professional land
surveyor and/or engineering reports prepared by a
professional engineer acceptable to the Director.
Section 6. That Title 5, "Public Works" , Chapter 56,
"Stormwater", Section 56.17, "Adjustment of Stormwater Management
Assessments", subsection (A) , be and the same is hereby amended by
enacting a new subparagraph 6, to read as follows:
6. All Non-Residential Properties located within the Lake
Worth Drainage District with Private Drainage Systems on
site shall not be eligible for an adjustment based on
on-site retention of stormwater. All other
Non-Residential properties with Private Drainage Systems
on-site shall be eligible for an adjustment based on
on-site retention of stormwater.
3
ORD. NO. 8-91
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..-. . . . . -.-...,..--.. _.. . -_.._."._---~.------ --'"--~._------_.._-_.._,-+----~-_._-----_. '-~---'-
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--. ~--_._--~ ---., ..-.-..-- -.---.-----.-.--,---..------ --,---_.... ------..-. ..'. - - -~----~~- --~~- -----.-.'.
Section 7. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 8. 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 9. This Ordinance shall become effective immediately
upon its passage. A certified copy of this Ordinance, as enacted, shall
be filed with the Department of State.
PASSED AND ADOPTED in regular session on second and final
reading on this, the day of , 1991.
..
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
4
ORD. NO. 8-91
.
.
j
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERIJ)<{
SUBJECT: AGENDA ITEM # - MEETING OF FEBRUARY 12, 1991
ORDINANCE NO. 12-91 THROUGH ORDINANCE NO. 21-91
DATE: February 12, 1991
This is a first reading of ten (10) Ordinances which amend the Land
Development Regulations. While a few of these ordinance make
substantive changes, the majority are administrative in nature. A
brief description of each ordinance is provided below:
.~ -Ordinance No. 12-91 provides for additional structures which are .'
JV~ allowed in setback areaSj provides for an extension of screened
VGPY enclosures in zero lot line developments into the interior side 1
"3-0 setbackj and provides for reduction of the front building setback ;
when at least 50% of the frontage of a lot is located on a
cul-de-sac.
o ~ -Ordinance No. 13-91 provides for an exception for the
~~ 3,0 encroachment of pool enclosures into the setback areas.
fi -Ordinance No. 14-91: repeals the restriction on Veterinary
~ y~DL clinics in the General Commercial Zone District and Central (
CV 3--0 Business Districts and enacts new subsections to allow Veterinary ,
Clinics as a conditional use in those zoning districts.
.~^~ -Ordinance No. 15-91 provides for the notification that approval
V~ for the Isle of Delray Special Activities District (SAD) has
~~O expiredj and provides for inclusion of Tutor Time Plaza as an !
approved SAD.
-Ordinance No. 16-91 provides for a limitation of one real estate
\\ ~.~~ sign per lotj provides for information requirements on gasoline I
~~~ signs such as price per gallon, type of fuel, octane rating, and
by~3 directional information such as self-servicej provides for the
~ prohibition of wall signs projecting more than eight (8) inches
~~ 0 from the wall upon which it is mountedj and corrects the date in
~~ the heading of subsection 4.6.7. (H)(2) from December 8, 1985 to
December 18, 1985.
\ -Ordinance No. 17-91 provides for the proper screening of
4/ industrial uses from adjacent residential uses.
-Ordinance No. 18-91 provides for the extension of canopies,
b~(J marquees, and covered walkways into the public right-of-way with
approval from the City Commission.
~~pV~d-Ordinance No. 19-91 provides that all signs and markings relating
~vO~~~to off-street parking shall comply with M.U.T.C.D. criteria.
-Ordinance No. 20-91 provides for fees for processing sign permit
5~O applications.
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AGENDA REPORT
Meeting of 2/12/91
-Ordinance No. 21-91 deletes a reference to a section of the Land
",/0 Development Regulations contained in paragraph 7.1.3 (A)(2)i and
repeals paragraph 7.1.3 (A) (3).
The Planning and Zoning Board has reviewed each of these proposed
Ordinances and is recommending approval.
I have reservations on two of these ordinances. Section 3 of
Ordinance No. 16-91 appears to _require that certain information be
included on gasoline price signs. r am not sure that was the intent
of the Board. In any case, I recommend that Section 3 be removed from
this ordinance, or that Section 3 be amended so that it simply limits
what information ~ be displayed on such signs but does not require
any particular information beyond the price which is required by
Section 4.6.7(D)(3)(n).
Ordinance 19-91 would require that all signs and markings in parking
lots conform to the Manual of Uniform Traffic Control Devices (MUTCD) .
This manual is written for streets and highways. r do not believe
that all MUTCD standards are appropriate for parking lots. For
example, the manual requires that all signs be mounted seven feet
above the ground. It also would not allow use of routed wood signs.
r recommend that this ordinance not be adopted.
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MEMORANDUM
TO: MAYOR AND CI~ISSIONERS
FROM: CITY MANAGER ~~ ~
SUBJECT: AGENDA ITEM # ~ - MEETING OF FEBRUARY 12, 1991
ORDINANCE NO. 22-91
DATE: February 5, 1991
This is a first reading of an ordinance placing the Colony Hotel
and Annex on the Local Register of Historic Places. This ordinance
follows direction received at your January 29th meeting at which the
Commission accepted the report from the Historic Preservation Board
regarding the designation of these buildings as historic.
Recommend approval of Ordinance No. 22-91.
P 0.00R-&, Li-o h (yU.>-4X/) ~67 1f;.I}tC,h
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: STANLEY WEEDON
NER III
~k0~
ID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: JANUARY 28, 1991
SUBJECT: HISTORIC DESIGNATION FOR "THE COLONY" HOTEL
The information provided regarding the Historic Preservation
Board's action on this item shows that the designation is for the
main building and the annex only. There is a specific exclusion
of the parking lot and other grounds.
Clarification is needed prior to the drafting of the enacting
~ ordinance. Please respond to the following:
,
1. Is it the intent of the Board that the designation applies
IAAI ~y to the buildings themselves and, thus, only modifications to
(ry~l the exterior of the structures would go before the Board
(including demolition, of course)?
~ Or, does the Board intend that site plan modifications
(changes in parking lot design, additional landscaping, accessory
structures, etc - including a major site plan modification) would
be acted upon by them as opposed to the Site Plan Review and
Appearance Board and Board of Adjustment?
As previously reported, the ordinance would be drafted to only
accommodate architectural review of the existing structures by
the Historic Preservation Board. Please contact the Chairperson
and/or the Board for clarification.
DJK/dlm
c:
Jeff Kurtz, City Attorney
Alison MacGregor-Harty, City Clerk
Pat Cayce, Historic Preservation Planner
DJK/#78/COLONY.TXT
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~'1
SUBJECT: AGENDA ITEM ; ~~ - MEETING OF JANUARY 29, 1991
DESIGNATION OF THE COLONY HOTEL TO THE LOCAL REGISTER
OF HISTORIC PLACES
DATE: JANUARY 23, 1991
At the June 27, 1990, meeting of the Historic Preservation Board,
the Colony Hotel was nominated for designation to the Local
Register of Historic Places. The Colony Hotel, located at 525
East Atlantic Avenue, has been a Main Street Landmark for over 65
years. It is the last original hotel remaining on Atlantic
Avenue. It is designed in the Spanish Colonial Mission Revival
architectural style and reflects the extensive social and
cultural history of the town. A public hearing was held by the
Historic Preservation Board on January 16, 1990, regarding the
designation of the Colony Hotel as a Historic Landmark. At that
time the Hotel Manager, representing the owner, requested that
the Board only designate the buildings on the site and exclude
the parking areas, practice putting green, etc. The Community
Redevelopment Agency and the Downtown Development Authority both
supported the designation.
Recommend acceptance of the report and recommendation from the
Historic Preservation Board designating the Colony Hotel and the
annex to the north to the Local Register of Historic Places,
exclusive of parking lots, practice putting green, etc.; and
direct staff to prepare the appropriate ordinance for formal
ratification.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ALISON MACGREGOR-HARTY, CITY CLERK
FROM: STAN WEEDON, JR. , PLANNER II;ItJ
SUBJECT: MEETING OF JANUARY 29, 1991
DESIGNATION OF THE COLONY HOTEL TO THE LOCAL REGISTER
OF HISTORIC PLACES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is consideration
of the designation of the Colony Hotel to the Local Register
of Historic Places. Designation of properties to the Local
Register of Historic Places is authorized in Section 4.5.1
of the Land Development Regulations.
BACKGROUND:
The Historic Preservation Board nominated the Colony Hotel for
designation to the Local Register of Historic Places at their
meeting of June 27, 1990. The Board subsequently authorized
Clemmer Mayhew to prepare the designation report {copy attached).
At the Historic Preservation Board meeting of September 19, 1990
the designation report for the Colony Hotel was accepted and
staff was directed to schedule a public hearing and notice said
meeting as required by the Land Development Regulations.
At their meeting of January 16, 1991, the Historic Preservation
Board held a duly noticed public hearing on the designation of
the Colony Hotel (525 E. Atlantic Avenue).
Rita McDowell, Manager of the Hotel spoke for the owner Jestina
Boughton and requested that the Board only designate the
buildings on the site, not the parking areas, practice putting
green, etc. Frank Spence spoke for the Community
Redevelopment Agency and Downtown Development Authority both of
which supported the designation.
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HISTORIC PRESERVATION BOARD CONSIDERATION:
The Historic Preservation Board recommends approval of the
designation of the Colony Hotel and the annex to the north. The
designation is recommended for these two buildings only,
excluding parking lots, practice putting green, etc.
RECOMMENDED ACTION:
By motion, direct the City Attorney to prepare a designation
ordinance for first reading.
Attachment: Designation Report
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THE COLONY HOTEL
Delray Beach, Florida
DESIGNATION REPORT
TABLE OF CONTENTS
1. GENERAL INFORMATION
II. LOCATION MAP
III. ARCHITECTURAL & STRUCTURAL INFORMATION
IV. HISTORICAL INFORMATION
V. SIGNIFICANCE & DESIGNATION CRITERIA
VI. SELECTED BIBLIOGRAPHY & APPENDIX
VII. PHOTOGRAPHY
Designation Report prepared by:
Clemmer Mayhew III,Preservation Consultant
for
HISTORIC PRESERVATION BOARD
DELRAY BEACH, FLORIDA
.
THE COLONY HOTEL
I.GENERAL INFORMATION
LOCATION 525 East Atlantic Avenue, Delray Beach
CONSTRUCTION DATE 1925-1926
ARCHITECT Martin Luther Hampton
(Hampton & Ehmann,Miami)
PRESENT OWNER Boughton Hotels,Inc.
PRESENT USE Seasonal Resort Hotel
PRESENT ZONING Central Business District
LEGAL DESCRIPTION South 12'of Lot 18, Alley South of Lot
18, East 25' of Lot 21 & Lots 22,23,24,25, Inclusive, Block
108. Lots 5,6,7, less 5' Rd R/W, Block 108, Town of Delray
TAX FOLIO 12-43-46-16-01-108-0181
12-43-46-16-01-108-0050
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. THE COLONY HOTEL
III ARCHITECTURAL& STRUCTURAL INFORMATION
ARCHITECT
Martin L. Hampton
The Miami architectural firm(Mampton & Ehmann)is credited with
the Miami Post Office and Municipal Court Building( National
Register of Historic Places), additions to Flagler's Whitehall
and the Breakers Hotel in Palm Beach. Martin Luther Hampton
was a principal architect and planner for the City of Coral
Gables. Associated with Addison Mizner, Hampton was the architect
of the 1925 Delray Beach City Hall(demolished). He is also
attributed the 400-500-600 blocks of Lincoln Road and the Miami
Beach Congregational Church.
GENERAL CONTRACTORS
Chalker, Lund, & Crittendon of West Palm Beach
ELECTRICAL CONTRACTORS
Brandenburg Electric
PAINTING & DECORATION
William Fraser
FEATURES
Concrete & stucco construction with cast concrete moldings,
barrel tile roof trims, plastered walls, and wooden floors.
SOUTH FACADE
Distinctive Spanish Colonial Mission Revival facade with central
twin towers
U-Shaped, Three Story Structure with Towers
Street level triple arched entrance onto open Loggia with cracked
Cuban Tile flooring
Decorative shields and galleons (Mizner Industries)
Barrel tile roof trim edged with wood deck railing
Domed matching towers on spiral column based double arched
apertures with protective railings
Double Inner Terrace pyramidal barrel tile roof towers
Wrought Iron Balcony with full length casement window-doors
EAST FACADE
Open formal Entrance loggia enclosed due to road widening
Enclosed Portals modified into decorative casement windows with
awnings have replaced former open arched portals
Decorative inlaid cast concrete entrance heraldic cartouche
braced by engaged pilasters. Monogram "HA"(Hotel Alterep) element
extends above the roof line
Cypress carved window surrounds
Barrel Tile Roof
Galleon decorations
Center louvered vent below Mission style parapet
Elaborated cast concrete window surround
STRUCTURE
176' Length x 135' Width (Main Building)
46,310 square feet of Building Space with and additional 6,000
square feet of Kitchen/Storage area, and 2,500 square feet of
Porches/Loggias/ and Patio decks.
'HI
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SERVICE BUILDING
3 Story, attached, Spanish Style building situated North of
the Main Hotel featuring first floor garages, and second/third
floor sleeping areas. Designed by architect Sam Ogren,Sr.
following the 1928 hurricane. The building features Stucco
with barrel tile trim,plastered walls, wooden floors, and the
town's only pedestrian flyover overpass above the street level.
ADDITIONAL.
Construction began in early May,1925. Freight embargos and
scarcity of materials delayed the opening.
Equipped with automatic sprinJders, the hotel was totally
fireproofed during construction.Planned to contain nearly 100
guest rooms with private and connecting baths. The structure
featured sun porches and colonnades. The Main Street openings
were designed to have five storefronts along Atlantic Avenue
with a barber shop, newstand, large waiting room, ladies parlor,
and writing rooms. The Dining Room was fitted to seat 200
comfortably. The attached servant's quarters and garage building
were added later in the similiar Spanish Style . The kitchen,
lobby, and dining room were constructed with the anticipation
of an additional wing along the East Facade
The total building cost was $500,000, and all the furnishings
were from John Wanamaker of Philadelphia, America's most
prestigious furniture design firm.
February 1929
Alterep Hotel spends $31,000 in repairs from late fall hurricane.
Structure entirely replastered, all new floors due to extensive
water damage, exterior repainted, and redecoration
December 1939
Showers were added to the every Colony bathroom and tropical
doors were installed throughout. A Second Floor Sun deck was
added and roofing materials were removed. Four New Baths were
added, and fluorescent lighting was introduced in the Dining
Room.
IV HISTORICAL INFORMATION
Albert T. Repp, a Delray businessman since 1914, owned the
present Colony Hotel site, and formed the Delray Hotel
Corporation with J.C. Keen, Vice-President, H.E. Evans,
Secretary, and Dr. L., Love and Jack Bird as Board of Directors.
Facing South, the Alterep Hotel was located 500 yards from
the Atlantic Ocean between NE 5th Avenue & NE 6th Avenue .
The Hotel opened to the public January 29,1926 with an evening
reception between 8-10pm, featuring Miss Ida Greenwood's Chicago
three piece female orchestra. There were 94 guest rooms,parlors
and piazzas,a sophisticated kitchen plant with bakeries and
refrigeration. The formal opening was a $5.00, 7:30pm Dinner
on March 1,1926. The Hotel introduced Sunday Night Musical
programs for the public in its lobby. It closed on April 12,1926
for its first season.
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, HI~TORICAL,continued
December 1926
Alterep foreclosed due to construction bond financing. Court
appointed Manager- Operators were Associated Hotels of Florida,
based in Richmond Va. which also owned a chain of twenty other
hotels.
January 1927
Alterep opens tea Room adjacent to the Chamber of Commerce
office in the Hotel.
February 1927
Alterep advertises "ocean view rooms" in Booster edition of
Delray News.
August 1935
After ten years of litigation, due to the foreclosure of
construction bonds, George W. Boughton, 241 28th Street, Miami
Beach, purchased The Colony Hotel from the Trust Company of
Florida for $50,000. Appraised for $62,000, Mr. Boughton paid
$12,000 down, $6,000 annually for three years,and the remaining
$20,000 payable at 6% interest. Capable of accomodating 1000
hotel/dining/and public guests and staff, the Hotel contained
94 rooms and 67 baths.
The Boughton's formerly owned The Admiral, Cape May, NJ, and
The President, Atlantic City, NJ. In November, 1936, the
Boughtons circled the hotel in coconut palms.
November 1939
Boughton Hotels,Inc.(Charles D. & George M. ) purchased Lots
5,6,7,Block 108 which were originally servant's quarters.. Thirty
rooms,eighteen garages for $10,000 from the Jay Holding
Company(Miami)
1939-1990
Boughton Hotels, Inc. retains ownership of the Colony Hotel
as a seasonal resort.
V. SIGNIFICANCE & CRITERIA FOR DESIGNATION
The Alterep/Colony Hotel was designed by a National Register
of Historic Places architect, Martin Luther Hampton.
The Spanish Colonial Mission Revival architectural style
exemplifies one of Florida's most prominent examples.
The Hotel represents an irreplacable structure which reflects
the extensive social and cultural history of the Town.
The Colony Hotel has been a Main Street Landmark for over
65 years. It is the last original remaining Hotel on Atlantic
Avenue. Eight other Hotels have been demolished.
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VI. SELECTED BIBLIOGRAPHY & APPENDIX
Delray Beach News 1924-1939
Palm Beach Post, 10 May,1925
Palm Beach Post,10 January,1926
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MEMORANDUM
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TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE y\.V~
SUBJECT: AGENDA ITEM # 2.N - MEETING OF FEBRUARY 12 1991
ORDINANCE NO. 24-91
DATE: February 5, 1991
Th1s is a first read1ng of an Ord1:J.ance rezoning and placing larld
presently zoned Automotive Commerc1al (ACl Zone Distr~ct 1n General
Commerc1al (GCl Zone D~strict, sa1d land being a portion of Block 7
and the alley right-of-way in sa1d Block 7, Rio Del Rey located on the
north s1de of S.E. 10th Street, between S.E. 5th and 6th Avenues.
Ttus parcel was zoned A.C. at the applicant's request dur1ng reV1S1ons
to the official zon1ng map. The A.C. district lim1ts use only to
automob1le related activ1ties. The current development proposal for
this property 1S to construct a restaurant and some type of future
reta1l use on the southern portion of the s1te with the northern
port1on rema:..ning as an automotive use. This 1S a fa1rly stra~ght
forward rezon1ng request, however, there 1S some concern regard1ng the
eX1s't1ng auto related use and whether or not there would be suff~c1ent
park:..ng for a full auto dealership.
There are five ingress/egress points from the site, one on either end
of the alley, one from S.E. 6th Avenue, and two from S.E. 5th Avenue.
The portion of the site proposed for G.C. zoning provides 83 park~ng
spaces, 63 of wh1ch are required for the restaurant. Of the rema:..n~ng
20 spaces, 16 of those spaces would need to be removed 1n order to
accommodate the retail buildings. It w1ll therefore be necessary for
cross park1ng agreements to be developed between the two s1tes. The
app11cant has not provided enough information to assess the auto
related use, but it appears that there would not be enough parking to
accommodate a fu.ll auto dealership.
The Commun1ty Redevelopment Agency at their January 14th meeting
d~scussed the general development concept. At that time the concept
was for two restaurants on the site. The CRA was in favor of the
restaurant use contingent upon there being suff1cient parking.
Subsequently, the applicant has modified the development proposal down
to one restaurant and thus the parking concerns with regard to the
restaurant use were addressed. The Planning and Zon1ng Board at the1r
January 28th meet1ng recommended approval (7-0 vote l , subJect to
cond1t1ons. A detailed staff report is . attached as background
mater:..al for this 1tem.
PCLOUL& 4--0
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ORDINANCE NO. 24- 91
AN ORDINANCE OF THE CITY COMMISSION Of THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
LAND PRESENTLY ZONED AC (AUTOMOTIVE COM."IERC::: AL )
DISTRICT IN GC (GENERAL COMMERCIAL) DISTRIC:';
SAID LAND BEING A PORTION Of BLOCK - AND THE
ALLEY RIGHT-OF-WAY IN SAID BLOCK 7, RIO DEL REY,
ACCORDING TO THE PLAT THEREOF RECORDED IN P:.AT
BOOK 12, PAGE 84, PUBLIC RECORDS OF PAr....., BEACH
COUNTY, FLORIDA; SAID LAND BEING LOCATED ON THE
NORTH SIDE OF S.E. 10TH STREET, BETWEEN S.E. 5TH
AVENUE AND S.E. 6TH AVENUE; AND AMENDING "ZONING
DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990";
PROVIDING A GENERAL REPEALER CLAUSE: PROVIClING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COM."IISSION OF :'!-'E
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That the following described property in the Ci':y
of De lray Be ach , Florida, is hereby rezoned and placed in the GC
(General Commercial) District as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-w it:
That part of BlOCK 7 and the alley right-of-way in said
BlOCK 7, RIO DEL REY, according to the Plat thereof
recorded in Plat Book 12, Page 84, of the Public Records
of Palm Beach County, florida, described as follows:
Commence at the southwest corner of Lot 17, Block 7 .
,
thence N. 0 degrees 30'57" E. , along the we st line of
said Lot 17, 15.14 feet to the point of beginning:
thence continue N. 0 degrees 30'57" E. , along the west
line of Lots 10 through 17, inclusive, Block 7, 202.00
feet; thence S. 89 degrees 29'03" E., 117.00 feet;
thence S. o degrees 30'57" w., 18.00 feet; thence S. 89
degrees 29'03" E. , 151.36 feet to a line 5.00 feet west
of and parallel with the east line of Lots 18 through
21, inclusive, (said parallel line being the west
right-of-way line of northbound U.S. Highway No. 11;
thence S. o degrees 39'50" W., along said parallel line,
85.07 feet to a point of curvature of a curve concave
westerly with a radius of 1990.41 feet and a central
angle of 2 degree s 48'37"; thence southerly, along the
arc of said curve and along the said west right-of-way
line of northbound U.S. Highway No. 1, 97.62 feet to a
point of compound curvature of a curve concave
northwesterly with a radius of 15.00 feet and a central
angle of 86 degrees 31'33"; thence southwesterly, alon~
the arc of said curve, 22.65 feet to the south line 0
Lot 18, Block 7. thence N. 90 degrees 00' 00" w., alon1
,
said south line and wester ly extension thereof, 235.5
feet to a point of curvature of a curve concave
northeasterly with a radius of 15.00 feet and a central
angle of 90 degrees 30'57. (said curve being tangent to
the south and west lines of Lot 17, Block 7) ; thence
northwesterly, along the arc of said curve, 23.70 feet
to the said point of beginning.
The subject property is located on the north side of
S.t. 10th Street, between S.E. 5th Avenue and S.E. 6th
Avenue.
The above described parcel contain. a 1. 26 acre parcel
of land, more or les..
.
~--- -- - -- - - ---- -- -- - - --
_._----- ---. - --~ ~-- ---- --------
---. -_.-- - -------
Section 2. That the Planning Director of said City shall, :.lpO
the effective date of this ordinance, change the Zoning District ~ap 0
the City of De lray Beach, Florida, to con form with t!1e provlsions 0
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances .. ,
conflict herewlth be, and the same are hereby repealed.
Section 4. That should any section or provislon of t:-:is
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent Jurisdiction to be invalid, suc:--,
decision shall not affect the validity of the remainder hereof as d
whole or part thereof other than the part declared to be inva lid.
Section 5. That this ordinance shall become effect:.ve
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and fi~a :
reading on this the day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
I
..
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: r--ALISON MACGREGOR-HARTY, CITY CLERK
I .
~vf-:t~1 j ~L-'Cl!Y.--
FROM: VID . KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 12, 1991
FIRST READING OF ORDINANCE REZONING PROPERTY ON THE
SOUTH PORTION OF THE BLOCK NORTH OF S.E. 10TH STREET
AND BOUNDED BY THE FEDERAL HIGHWAY PAIRS FROM A.C. TO
G.C. (portion of former Wallace Nissan site).
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a rezoning ordinance. The change is fcr a
1.25 acre portion of a block from A.C. to G.C.
The proj ect involves a possible restaurant location. It is
located on the south portion of the block bounded by S.E.
9th and 10th Streets and the Federal Highway pairs.
BACKGROUND:
This parcel was zoned A.C. at the applicant's request during
(e"^';)..,tu~hof\ 0( the October 1st revisions to the official zoning
map. The A.C. district limits use only to automobile related
activities. Thus, the prospect of placing a restaurant on the
site necessitates other than A.C. zoning - in this case G.C. is
requested. The rezoning has been structured so that the
northerly 1.5 acres of the site remains under A.C. , thus
allowing for reuse of the existing structures for automotive
sales.
Concurrent with the application, a concept plan was provided for
P&Z Board review and comment. Initially, a two restaurant
concept was put forth. After work session review with the Board,
the applicant's agent revised the concept plan to retain 1.5
acres for auto related uses and to show a single restaurant and
the possibility of a small retail structure on the site. The
revised concept plan is attached.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at it's
meeting of January 28th at which time a duly notice public
hearing was held. The Board unanimousLy (7-0) recommended
approval of the rezoning.
City commission Documentation
Meeting of February 12, 1991
First Reading of Ordinance Rezoning Property on the South Portion
of the Block North of S.E. 10th Street and Bounded by the Federal
Highway Pairs-From A.C. To G.C.
Page 2
RECOMMENDED ACTION:
By motion, approval of the Ordinance on First Reading and setting
of a public hearing date of February 26th.
Attachment:
* P&Z Staff Report & Documentation of January 28th
DJK/~78/CCACGC.TXT
:JL8~N' I NG B ZONING BOARD
- -- STAFF REPORT - --
=:ITY OF OELRAY BEACH
MEETING o:lTE: JANUARY 28, 1991
AGEf'.m ITEM: IILD.
REZONI~G FOR S.E. 9th STREET ASSOCIATES FROM AC TO GC AND CONCEPTUAL PLAN REVIEW.
ITEM: S.E. 9th STREET ASSOCIATES PLAZA, 2.7 ACRES BOUNDED BY THE FEDERAL HIGHWAYS.
AND S.E. 9th A~D 10th STREETS
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3ENERAL DATA:
Owner...........................SKL Development, Scott Coleman
Agent...... ................. ....Mark Marsh, Architect
Location........................Portion of block bounded by
Federal Highway pair and S.E. 9
Street & S.E. 10 Street.
Property Size...................2.76 Acres of which 1.25 acres is
to be rezoned.
City Land Use Plan..............General Commercial
Current Zoning..................AC (Automotive Commercial)
Adjacent Zoning.................North, East, and West of the
subject property is zoned GC
(General Commercial). South is
zoned PC Planned Commercial) and
CF (Community Facilities).
Existing Land Use...............Vacant Automobile Dealership
Proposed Land Use...............Automobile uses and restaurant
Water Service...................2" water main along Southeast
10th Street and along alley in
block 7. 12" water main along
Southeast 6th Avenue.
Sewer Service...................8" sanitary sewer along alley in
block 7. ITEM: III. D.
.
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a Rezoning of a portion of Block 7, Rio Del Rey, (Lots 10-21 )
from AC to GC. The area to be rezoned is 1. 25 Acres. The
property is located north of S.E. 10th Street between the Federal
Highway pair.
BACKGROUND:
The subject property has a long development history. Please
contact the Planning Office if you wish to review the history as
written up for previous items.
The following items are most relevant to the current petition:
On May 15, 1989 the Planning and Zoning Board considered a
request for major site plan modifications and conditional use
approval for the Wallace Dealership. This conditional use was
approved by the City Commission on May 23, 1989, and is valid
until November 23, 1990.
Subsequent to that approval, a different development proposal
which sought the establishment of a gasoline station at the
southern portion of the site was considered by the Planning and
Zoning Board on April 16, 1990. This petition was subsequently
withdrawn prior to action by the City Commission.
On September 28, 1990, a request for extension was submitted.
The request was timely in that the approval does not lapse until
November 23, 1990.
At its meeting of October 23, 1990, the City Commission granted
approval for a request of extension to a previously approved
conditional use and site plan for a Wallace dealership.
On December 7, 1990 a sketch plan showing two uses on the site
was submitted for review. The uses included auto related located
at the north end of the property, and that of a restaurant and
retail on the south end of the property. Through the review
process, it was noted that a restaurant was not a permitted use
in the AC zone district. Thus the applicant's request to rezone
the southern portion of the site to GC.
PROJECT DESCRIPTION:
The proposal before you is a rezoning of 1.25 acres a portion of
Block 7, Rio Del Rey. The rezoning is predicated upon a concept
plan. The development proposal is to construct a restaurant and
some type of future retail on the southern portion of the site.
The restaurant is 5,200 sq. ft. and the future retail 3,000 sq. ft.
with attendant parking. The northern portion of the site would
.
P&Z Staff Report 1/28/90
9th Street Associates
Page 2
remain ACwhere the existing buildings (the old Nissan dealership
and its attendant parking lot) are located.
Other aspects on the concept plan include:
A. The block is divided by a 16' alley which is to be abandoned
at time of plat approval. There are 5 ingress/egress points
from the site, one on either end of the alley, one from S.E.
6th Avenue, and two from S.E. 5th Avenue, one of which was
an existing entrance into the dealership.
B. There is some concern regarding the parking for this site.
The GC portion of the site provides 83 parking spaces, 63 of
which are required for the restaurant. Of the remaining 20
spaces, 16 of those spaces would need to be removed in order
to a--::commodate the retail building. It will be necessary for
cross parking agreements between the two sites. The
Applicant has not provided enough information to assess the
auto related use, but appears that there would not be enough
parking to accommodate a full auto dealership.
C. Special landscape setbacks of 10' are required along the
Federal Highway pairs, however 15' is provided.
ZONING ANALYSIS:
This is a fairly straight forward rezoning. The parcel is
currently zoned AC. The surrounding zoning is GC to the north,
east and west and to the south is zoned PC.
Pursuant to Section 4.4.9(B)(4) General Commercial District,
Restaurants and retail are a permitted uses and the parking lot
as an accessory use. The balance of the site remains as AC.
Since it is 1.5 acre's it can accommodate the full range of uses
allowed in the AC District.
Since the previous use is considered abandoned, any reuse of the
AC portion requires site plan approval or conditional use
approval, as appropriate. We note however, that the AC portion
remains useable only for auto related uses. A desire to use that
area for general retail would first necessitate another rezoning
action.
REQUIRED FINDINGS: (Section 2.4.5(0))
Pursuant to Section 2.4.5 (0)(1), a justification statement
of the reasons for which the change is being sought must
accompany all rezoning requests. The code further
identifies certain valid reasons for approving the change
being sought. These reasons include the following:
* That the zoning had previously been changed, or was
originally established, in error;
.
P&Z Staff Report 1/28/90
9th street Associates
Page 3
.-
* That there has been a change in circumstance which
makes the current zoning inappropriate;
* 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.
Pursuant to Section 2.4.5(d)(5), the City Commission is
required to make a finding that the petition will fulfil one
of these reasons.
The applicant submitted a justification statement which states
the following:
"The property is presently zoned AC with existing automotive
uses. The applicant has been instructed to rezone a portion of
the site to GC to accommodate the proposed restaurant
development. Restaurants are not an allowed use under AC. The
request to change or rezone a portion to the property to GC is
consistent with neighboring properties and is in compliance with
the Comprehensive Land Use Plan. Restaurant uses are very
compatible with surrounding properties". Therefore item three
above is the justification for the rezoning.
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 Future Land Use Designation for this site is General
Commercial. Zoning districts which are consistent with this land
use designation is GC (General Commercial) and AC (Automotive
Commercial) which replaced SC (Special Commercial) at the time
the Comprehensive Plan was Adopted.
.
P&Z Staff Report 1/28/90
9th Street Associates
Page 4
.-
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 as 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:
* the improvement is in place prior to issuance of the
occupancy permiti
* 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:
To date, no water and sewer plans have been submitted, however
the following is noted:
There is water service currently to the site. However, the
system will be required to be upgraded in order to accommodate
fire hydrants and to complete the upgrading of the existing
substandard system.
The 2" main located via the alley is required to be upgraded to
a 8" line. It will then tie into the existing 12" main located
on the east site of Federal ( northbound) . This will require a
jack and bore permit.
Policy A-4.4, Capital Improvement Element, states that all new
development shall be required to extend public utilities for
water, sewer and drainage to the furthest portions of the
property which is being developed.
Policy C-4.3, Public Facilities Element, states that all new
development shall be responsible for extending water service to
and through the land to be developed.
By upgrading the main and looping it to Federal Highway these
policies will be met.
P&Z Staff Report 1/28/90
9th Street Associates
Page 5
,-
Sewer:
Sewer is available to the site via the alley. However, the main
will probably need to be upgraded due to the disrepair of the
existing line. Also the main may need to be extended to the
south to serve the proposed new development.
Drainage:
The grading of the site associated with improvements required, if
approval is granted, will assure retention of on-site drainage.
Streets and Traffic:
A traffic Study/statement has not be submitted as yet, but will
be required for site plan action. The study will need to address
the following issues:
* The traffic study should address the entire block being
under GC usage with integrated internal traffic circulation.
* Per Section 5.3.1(0)(2) a local commercial street has
minimum of 60' right-of-way. S.E. 10th Avenue currently has
a 50' right-of-way. The traffic statement/study will need
to justify that an additional 10' of dedication is not
necessary.
* Egress only on S.E. 10th Street will probably be required
due to the short distance between the two Federals.
The proposed ingress/egress points are not in the same locations
as previously approved (except for the north entrance along S.E.
5th Avenue). Therefore, pursuant to Policy B-2.6, Land Use
Element, all site plans and plats which have direct access to
state facilities shall be referred to FOOT. FOOT permits shall
be obtained prior to approval of final plat
Parks and Open Space:
Pursuant to 4.3.4(K) 25\ of non-vehicular open space is required.
27.1\ interior and perimeter landscaped area is provided for the
entire site.
Solid Waste:
The attendant Sketch Plan shows one dumpster for the restaurant
and one for the existing auto uses. This should be sufficient.
The proposed uses do not present any unusual impacts which would
affect solid waste.
Consistency:
Compliance with the performance standards set forth in
Section 3.3.2 along with the required findings in Section
.
P&Z Staff Report 1/28/90
9th Street Associates
Page 6
2.4.5 shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies
found in the adopted Comprehensive Plan may be used in
making of a finding of overall consistency. The applicable
performance standards of Section 3.3.2 and other policies
which apply are as follows:
A) Pursuant to Section 3.3.2 (D) That the rezoning shall
result in allowing land uses which are deemed
compatible with adjacent and nearby land use both
existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to
properly mitigate adverse impacts from the new use.
Several restaurants are located adjacent and nearby this block. A
special landscape setback is required along Federal Highway of
10' , however they have provided 15' which will help to buffer the
surrounding uses.
It would be appropriate at this time to request that the existing
AC portion of the site, be upgraded and the landscaping be
consistent with the proposed use to the south.
Land Use Element:
Objective A-I: Vacant property shall be developed in a
manner so that the future use and intensity is appropriate
and complies in terms of soil, topographic, and other
applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
(bl, b3)
This proposal can be considered complimentary to adjacent uses.
ASSESSMENT AND CONCLUSIONS:
This is a fairly straight forward rezoning request, however there
is some concern regarding the exiting auto related use and
whether or not there would be sufficient parking for a full auto
dealership.
The Planning and Zoning Board at its workshop meeting, felt that
a dealership in this location was inappropriate. They suggested
that the entire block be rezoned to GC.
REVIEW BY OTHERS:
COMMUNITY REDEVELOPMENT AGENCY:
At its meeting of January 14, 1990, the CRA discussed the general
development concept. At that time two restaurants were proposed
for the southern portion of the block. It was in favor of the
restaurant use, if the applicant could provide the required
P&Z Staff Report 1/28/90
9th Street Associates
Page 7
number of parking spaces which would work functionally. With the
deletion of one restaurant the parking is accommodated and works
functionally.
ALTERNATIVES:
A. Continue with direction.
B. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Chapter 3
(Performance Standards), and that pursuant to Section
2.4.5(D)(5) the rezoning fails to fulfill at least one of
the reasons listed under subsection 2.
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(D}(5} and subject
to conditions.
STAFF RECOMMENDATION:
1. Recommend approval of the rezoning request, ie. 1.25 acres
changed from AC to GC, based upon positive findings with
respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive plan,
and Section 2.4.5 (D) (5)~) and /. . ~~jed;ti.- 1. tWvl-'~ /"-~.lfoi~ria--.
,-e~l>Jt&i "-:J \.
2. Provide comments relative to the concept plan as follows: J'
f"'- ~~\
~~\.V\,\Jv'o\- ~'
a. That a Traffic Statement/study be provided ~io~--eo
~site Plant, aRe fiRal plat appreval~-by Ci~
.Co"'mi ssie!\. Svtb"" ole
"-l~\
b. That a landscape plan be submitted concurrently with
the site plan submittal to insure that proper
mitigation measures have been taken to upgrade the
northern portion of the site.
c. ~'\More appropriate to consider the entire block in laying
out a site design instead of working around the
existing structures.
I
REF:#3/A:9STREET2.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER CAC"rV G~rDH
SUBJECT: AGENDA REPORT - MEETING OF FEBRUARY 12, 1991
ORDINANCE NO. 25-91 AND ORDINANCE 26-91
DATE: February 5, 1991
This is a first reading of two correcting ordinances which make two
individual corrections to the Official Zoning Map.
Ordinance No. 25-91 corrects the Zoning Classification for a parcel of
land lying and being in Del-Raton Park located on the east side of
Dixie Highway approximately 175 feet south of La Mat Avenue. This
property was zoned Automotive Commercial (AC) Zoning District along
with the property which surrounds it (Morris Saturn) . At the time of
rezoning, a site plan had been approved for a business office and the
structure was under construction. The AC zoning only accommodates
auto related uses, thus, the proper zoning is General Commercial (GC) .
Ordinance No. 26-91 corrects the Zoning Classification for a parcel of
land lying and being in Section 13, Township 46 South, Range 42 East,
Palm Beach County located at the southeast corner of Military Trail
and Atlantic Avenue. This property is a gasoline station which was
annexed as a part of West Atlantic Avenue Annexation #2 and was zoned
General Commercial (GC) District. During the change to the zoning
map, the shopping center along with the gasoline station was placed in
the Planned Commercial (PC) Zoning District. The minimum lot size for
new PC developments is five acres and a minimum building size of 6,000
square feet is required. The parcel in question is one acre, thus it
would be difficult to redevelop or re-create the existing gasoline
sales use on this site and thus, it is appropriate to zone this parcel
General Commercial (GC) .
No Planning and Zoning Board action is required on correcting
ordinances.
~a;Y~ y./O
12..().
.
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ISON MACGREGOR-HARTY, CITY CLERK
FROM: M~c~~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 12, 1991
FIRST READING OF ORDINANCES (TWO) CORRECTING THE
OFFICIAL ZONING MAP
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of two separate ordinances which
make two individual corrections to the Official Zoning Map.
These items are being presented directly to the City
Commission through the provisions of Section 2.4.7(F)(2),
Relief From Improper Regulations.
BACKGROUND:
Each of these items have been reviewed by the Special Adjustment
Advisory Board and have been forwarded d., ~ e c.:,," to the City
Commission on the basis of improper enactment at the time of
adoption of the LDRs. The basis for each determination is as
follows:
Faulterbauer Property: This property is located on Dixie Highway
south of LaMat. I twas zoned AC along with the property which
surrounds it (Morris Saturn). At the time of rezoning, a site
plan had been approved for a (contractors) business office and
the structure was under construction. The AC zoning only
accommodat~auto related uses; thus, the proper zoning is GC.
Gasoline Site, Military Trail and Atlantic Avenue: This gasoline
station is located in the southeast corner of the intersection.
It was annexed as a part of West Atlantic Annexation #2 and was
zoned GC. During the change to the zoning map, the shopping
center was placed in the PC category. This parcel is
approximately an acre in area. The minimum lot size for new PC
development is five acres and a minimum building size of 6,000
sq. ft. is required. These regulations make redevelopment of the
site difficult and preclude re-creation of the existing use
(gasoline sales) . There was no specific attention given to this
singular parcel when the official zoning map was prepared and
reviewed. The property on the SW corner which will be annexed on
February 12th is to be zoned GC. A similar situation existed
with the Hess Station to the north and a correcting ordinance was
enacted.
.
City Commission Documentation
Meeting of February 12, 1991
First Reading of Ordinances (Two) Correcting
The Official Zoning Map
Page 2
RECOMMENDED ACTION:
By motion, approval of the individual correcting ordinances on
first reading wi th a public hearing to be held on February 26,
1991.
Attachment:
* Location map
DJK/#78/CCCORR.TXT
Zoning Change
Shell Station
From "PC" To "GC"
P C POC
ATLANTIC AVENUE
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Zoning Change
Falterbauer
From "AC" To "GC"
- OF
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.
M E M 0 RAN DUM
TO: ALISON MACGREGOR HARTY, CITY CLERK
1~~~
FROM: ASMIN ALLEN , PLANNER I
RE: REQUEST FOR ORDINANCE PREPARATION FOR THE CITY
COMMISSION MEETING OF FEBRUARY 12, 1991
DATE: FEBRUARY 5, 1991
The following item is schduled for first reading at the City
Commission meeting of February 12, 1991. Please prepare the
appropriate ordinance.
Correcting ordinance re Zoning Map
* Falterbauer property from AC to GCi parcel located on
Dixie Highway
Legal Description
J. ~f\ \ Lots 8, 9, 10, and 11, and West Half of the Abandoned
right-of-way for Dixie Boulevard lying adjacent
thereto, Block 3, Del Raton Park, according to the Plat
thereof recorded in Plat Book 14, Pages 9 and 10 of the
Public records of Palm Beach County, Florida.
* Delta Petroleum Corporation property (proposed Shell Oil)
from PC to GCi parcel located at the southeast corner of
Military Trail and Atlantic Avenue.
Legal Description
The North 240 feet of the West 256 feet of the
Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4
of Section 13, Township 46 South Range 42 East, Palm
Beach County, Florida, less the North 40 feet thereof
which has been conveyed for public road right-of-way
purposes as recorded in Deed Book 808, Page 0062, less
that protion vested in Palm Beach County by Final
Judgement recorded in official Record Book 3499, Page
1652, and less that portion conveyed toPalm Beach
County recorded in official Record Book 6304, page
1173, all of the Public Records of Palm Beach County,
Florida.
Thanks.
.
-'-"-'-'---~'---- -" -_._-- - --._------- --_..~, -----_._-~---,-_. -..... -'
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- -'-.-
ORDINANCE NO. 25-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING CLAS-
SIFICATION FOR A PARCEL OF LAND LYING AND BEING IN
DEL-RATON PARK, ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 14, PAGES 9 AND 10, OF THE PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA, FROM AC (AUTOMOTIVE
COMMERCIAL) TO GC (GENERAL COMMERCIAL); SAID LAND IS
LOCATED ON THE EAST SIDE OF DIXIE HIGHWAY,
APPROXIMATELY 175 FEET SOUTH OF LA MAT AVENUE; AND
CORRECTING 'ZONING DISTRICT MAP, DELRAY BEACH,
FLORIDA, 1990"; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 2.4.7(F) (2) of the Land Development Regula-
tions has made provisions for relief from improper regulations; and,
WHEREAS, a request has been made with respect to the herein-
after described parcel, which has been reviewed by the Special Adjust-
ment Advisory Board and has been determined to be the result of improper
enactment; and,
WHEREAS, it is appropriate that the Zoning District Map of the
City of Delray Beach, Florida, dated October 1, 1990, be corrected to
reflect the proper zoning classification thereof,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray
Beach, Florida, dated October 1, 1990, be, and the same is hereby
corrected to reflect a zoning classification of GC (General Commercial)
for the following described property:
Lots 8, 9, 1 0 and 11, and the West Half of the aban-
doned right-of-way for Dixie Boulevard lying adjacent
thereto, Block 3, DEL-RATON PARK, according to the
Plat thereof recorded in Plat Book 14, Pages 9 and 10,
of the Public Records of Palm Beach County, Florida.
The subject property is located on the east side of
Dixie Highway, approximately 175 feet south of La Mat
Avenue.
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 Be ach , 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.
"
- ~____.____~_____ .__~_____ ___'_~"_~_______'_'__""__ _n ___ _ .
------ ..- .- -- _.--
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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 , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 25-91
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (Ac.:\IN G~rDH
SUBJECT: AGENDA REPORT - MEETING OF FEBRUARY 12, 1991
ORDINANCE NO. 25-91 AND ORDINANCE 26-91
DATE: February 5, 1991
This is a first reading of two correcting ordinances which make two
individual corrections to tue Official Zoning Map.
Ordinance No. 25-91 corrects the Zoning Classification for a parcel of
land lying and being in Del-Raton Park located on the east side of
Dixie Highway approximately 175 feet south of La Mat Avenue. This
property was zoned Automotive Commercial (AC) Zoning District along
with the property which surrounds it (Morris Saturn). At the time of
rezoning, a site plan had been approved for a business office and the
structure was under construction. The AC zoning only accommodates
auto related uses, thus, the proper zoning is General Commercial (GC) .
Ordinance No. 26-91 corrects the Zoning Classification for a parcel of
land lying and being in Section 13, Township 46 South, Range 42 East,
Palm Beach County located at the southeast corner of Military Trail
and Atlantic Avenue. This property is a gasoline station which was
annexed as a part of West Atlantic Avenue Annexation #2 and was zoned
General Commercial (GC) District. During the change to the zoning
map, the shopping center along with the gasoline station was placed in
the Planned Commercial (PC) Zoning District. The minimum lot size for
new PC developments is five acres and a minimum building size of 6,000
square feet is required. The parcel in question is one acre, thus it
would be difficult to redevelop or re-create the existing gasoline
sales use on this site and thus, it is appropriate to zone this parcel
General Commercial (GC) .
No Planning and Zoning Board action is required on correcting
ordinances.
n J) :5 ~-O
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12. . -Po
I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO, ~ON MACGREGOR-HARTY, CITY CLERK
W~ :A ~ ~uCt~
FROM: . - \"'J. KO CS, DIREC
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 12, 1991
FIRST READING OF ORDINANCES (TWO) CORRECTING THE
OFFICIAL ZONING MAP
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of two separate ordinances which
make two individual corrections to the Official Zoning Map.
These items are being presented directly to the City
Commission through the provisions of Section 2.4.7(F)(2),
Relief From Improper Regulations.
BACKGROUND:
Each of these items have been reviewed by the Special Adjustment
Advisory Board and have been forwarded d.,~~<::..T to the City
Commission on the basis of improper enactment at the time of
adoption of the LDRs. The basis for each determination is as
follows:
Faulterbauer Property: This property is located on Dixie Highway
south of LaMat. It was zoned AC along with the property which
surrounds it (Morris Saturn) . At the time of rezoning, a site
plan had been approved for a (contractors) business office and
the structure was under construction. The AC zoning only
accommodat~auto related uses; thus, the proper zoning is GC.
Gasoline Site, Military Trail and Atlantic Avenue: This gasoline
station is located in the southeast corner of the intersection.
It was annexed as a part of West Atlantic Annexation ~2 and was
zoned GC. During the change to the zoning map, the shopping
center was placed in the PC category. This parcel is
approximately an acre in area. The minimum lot size for new PC
development is five acres and a minimum building size of 6,000
sq. ft. is required. These regulations make redevelopment of the
site difficult and preclude re-creation of the existing use
(gasoline sales). There was no specific attention given to this
singular parcel when the official zoning map was prepared and
reviewed. The property on the SW corner which will be annexed on
February 12th is to be zoned GC. A similar situation existed
with the Hess Station to the north and a correcting ordinance was
enacted.
.
I
City Commission Documentation
Meeting of February 12, 1991
First Reading of Ordinances (Two) Correcting
The Official Zoning Map
Page 2
RECOMMENDED ACTION:
By motion, approval of the individual correcting ordinances on
first reading with a public hearing to be held on February 26,
1991.
Attachment:
* Location map
DJK/#78/CCCORR.TXT
'111
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"
M E M 0 RAN DUM
TO: ALISON MACGREGOR HARTY, CITY CLERK
1~~~
FROM: ASMIN ALLEN , PLANNER I
RE: REQUEST FOR ORDINANCE PREPARATION FOR THE CITY
COMMISSION MEETING OF FEBRUARY 12, 1991
DATE: FEBRUARY 5, 1991
The following item is schduled for first reading at the City
Commission meeting of February 12, 1991. Please prepare the
appropriate ordinance.
Correcting ordinance re Zoning Map
* Falterbauer property from AC to GC; parcel located on
Dixie Highway
Legal Description
) C\ \ Lots 8, 9, 10, and 11, and West Half of the Abandoned
, / right-of-way for Dixie Boulevard lying adjacent
1'"'
j
: thereto, Block 3, Del Raton Park, according to the Plat
thereof recorded in Plat Book 14, Pages 9 and 10 of the
Public records of Palm Beach County, Florida.
* Delta Petroleum Corporation property (proposed Shell Oil)
from PC to GC; parcel located at the southeast corner of
Military Trail and Atlantic Avenue.
Legal Description
The North 240 feet of the West 256 feet of the
Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4
of Section 13, Township 46 South Range 42 East, Palm
Beach County, Florida, less the North 40 feet thereof
which has been conveyed for public road right-of-way
purposes as recorded in Deed Book 808, Page 0062, less
that protion vested in Palm Beach County by Final
Judgement recorded in official Record Book 3499, Page
1652, and less that portion conveyed toPalm Beach
County recorded in official Record Book 6304, page
1173, all of the Public Records of Palm Beach County,
Florida.
Thanks.
'"
.
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ORDINANCE NO. 26-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR A PARCEL OF LAND LYING AND
BEING IN SECTION 13, TOWNSHIP 46 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, FROM PC
(PLANNED COMMERCIAL) DISTRICT TO GC (GENERAL
COMMERCIAL) DISTRICT; SAID LAND IS LOCATED AT
THE SOUTHEAST CORNER OF MILITARY TRAIL AND
ATLANTIC AVENUE; AND CORRECTING "ZONING DISTRICT
MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 2.4.7(F) (2) of the Land Development
Regulations has made provisions for relief from improper regula-
tions; and,
WHEREAS, a request has been made with respect to the
hereinafter described parcel, which has been reviewed by the
Special Adjustment Advisory Board and has been determined to be
the result of improper enactment; and,
WHEREAS, it is appropriate that the Zoning District Map
of the City of Delray Beach, Florida, dated October 1, 1990, be
corrected to reflect the proper zoning classification thereof,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of
Delray Beach, Florida, dated October 1, 1990, be, and the same is
hereby corrected to reflect a zoning classification of GC (Gener-
al Commercial) District for the following described property:
The North 240 feet of the West 256 feet of the
Northwest Quarter (NW 1/4) of the Southwest
Quarter (SW 1/4) of the Southwest Quarter (SW
1/4) of Section 13, Township 46 South, Range 42
East, Palm Beach County, Florida, LESS the North
40 feet thereof which has been conveyed for
public road right-of-way purposes as recorded in
Deed Book 808, Page 0062, less that portion
vested in Palm Beach County by Final Judgment
recorded in Official Record Book 3499, Page
1652, and less that portion conveyed to Palm
Beach County recorded in Official Record Book
6304, Page 1173, all of the Public Records of
Palm Beach County, Florida.
The subject property is located at the southeast
Corner of Military Trail and Atlantic Avenue.
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.
,.lJf
I
.
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-_._._-----~._~ ----".---.------..-.
-_.~_.__._--~_._-_. _._.__._---_._~_.- -----.--------- ----..-..-----.-- ------. ".-- ---------.~ _._-~---~_.
.. "'_0 m.... __ ,_._
Section 4. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of ,
1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
'_II'
,
.
MEMORANDUM
TO: MAYOR AND C~ISSIONERS
FROM: CITY MANAGE ~')I~
SUBJECT: AGENDA REPORT - TING OF FEBRUARY 12, 1991
ORDINANCE NO. 27-91
DATE: February 5, 1991
This Ordinance is on your agenda for first reading at the request of
the applicant. Action will need to first be taken on the appeal of a
Planning and Zoning Board decision denying the rezoning petition.
This is a first reading of an ordinance rezoning property located on
the north side of the C-15 Canal between Federal Highway and the
Intracoastal Waterway from Planned Residential Development (PRD)
District to Special Activities District (SAD) in order to accommodate
a proposed boat dock.
There are eight existing docks on this property. The docks have been
completed under the auspices of being an accessory use to the adjacent
townhouse unit owned by the applicant. The applicant is seeking the
SAD zoning district to allow the use of the docks by the Pelican Way
Boatowners Association, thus allowing other property owners to utilize
the existing dock facilities. Pursuant to Section 4.4.7(C) of the
Land Development Regulations, boat docks are allowed accessory to a
single family home in the PRD Zoning Districtj however, use is
restrict to that of the applicant or his friends. With the granting
of a SAD zoning designation, a Boatowners Association would be
established and the docks would be utilized by members of the
Association.
The Planning and Zoning Board at their December 17th meeting
recommended denial (5-1 vote/- Currie dissenting/Parker absent). At
that meeting representatives of abutting property owner associations
and nearby residents spoke in opposition to the request. Subsequently
an appeal of the Planning and Zoning Board decision was filed. The
applicant has put forth proposed changes to the petition since the
Planning and Zoning Board's review. It may be appropriate to remand
this item back to the Board for consideration of the new information.
However, if the Commission feels that the new information is not
substantive, then an action of denial should be taken.
fC~lYl1iJ2 1-{-/ ( ilifU&~ ~~1)
Pu1~ HvtQ!~ C~ L~df'-(
12 ~
I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO, GJd~E~=' CITY CLERK
FROM: --DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 12, 1991
FIRST READING OF THE SMILAC REZONING ORDINANCE, PRD TO
SAD
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a rezoning ordinance on first reading. The
rezoning is from PRD to SAD.
The associated project is that of boat docks for the Pelican
Way Boatman's Association (Smilac).
BACKGROUND:
(Please see the documentation for the Smilac Appeal item for
discussion of the basic issues.)
Attached is a letter from the owner's legal representative in
which a request is made to have first reading on the same agenda
as is the appeal. Second reading, and public hearing, will occur
at a later date after a detailed site plan and other associated
legal documents are prepared and appropriately reviewed by the
Planning and Zoning Board and the City Attorney.
This procedure is accommodated in the SAD District Regulations as
an alternative procedure. Ref. Section 4.4.24(C)(2), to wit:
(C) Review and Approval Process
(2) Alternative Processing: A proposed SAD may proceed to
first reading based upon a lesser submission provided
that, if approved on first reading, prior to second
reading a complete site and development plan including
landscaping plans and architectural elevations must be
processed through, and approved by the Planning and
Zoning Board. However, in no event shall the time
between first and second readings of the enacting
ordinance exceed a period of 180 calendar days. ..."
.
'City Commission Documentation
Meeting of February 12, 1991
First Reading of the Smilac Rezoning Ordinance, PRD to SAD
Page 2
RECOMMENDED ACTION:
Assuming that the appeal of the Board's previous decision is not
rejected, by motion, approve the ordinance on first reading and
direct that the provisions of 4.4.24(C)(2) be met prior to
scheduling of a second reading and public hearing.
Attachment:
* Letter requesting consideration of first reading at this
time.
DJK/#78/CCSMILAC.TXT
.
I
LAW OF"F"ICES
MOYLE, FLANIGAN, KATZ, FITZGERALD & SHEEHAN, P.A.
THOMAS M. BEASON BARNETT CENTRE. 9TH F"LOOR LINDA R. McCANN
PETER L. BRETON 625 NORTH F"LAGLER DRIVE ANDREW J. MCMAHON
ROBERT BRODY LISA A. MILLER
POST OF"F"ICE BOX 3888
GREGORY D. COOK JON C. MOYLE
E. COLE FITZGERALD, nr WEST PALM BEACH, FLORIDA 33402 JODY H. OLIVER
JOHN F. FLANIGAN TELEPHONE (407) 659-7500 DAVie S. PRESSLY
ANDREW FULTON.n:r FACS\M'LE (407) 659.1789 PATRICK E. OUINLAN
MYRA GENDEL - MARK E. RAYMOND
NANCY MALLEY GRAHAM TALLAHASSEE OF"F"ICE THOMAS A. SHEEHAN, JD:
WINSLOW O. HAWKES. m TELEPHONE (904) 681.3828 DONNA H. STINSON
LYNN G. HAWKINS MARTA M. SUAREZ. MURIAS
FACSIMILE (904) 681-8788 SAMUEL A. THOMAS
MARTIN V. KATZ
WILLIAM B. KING - WIL TON L. WHITE
RONALD K. KOLINS STUART OF"F"ICE THOMAS L. YOSET
STEVEN A. MAYANS TELEPHONE (407) 288-1144 JOEL H. YUDENFREUNQ
FACS'.....'LE (407) 288.1499
February 4, 1991
Mr. David T. Harden VIA TELECOPIER
Ci ty Manager
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Re: Appea 1 of Smilack/Slizyck
Rezoning Petition
Our File No. 19/457/3
Dear Mr. Harden:
This firm represents steve Smi lack and Alma Jeanne Slizyck
Smilack in the petition to rezone the 0.17 acre parcel in Pelican
Harbor to S.A.D.
Af ter discus sing the matter with Mr. Dave Kovacs and at his
suggestion, we would respectfully request that the alternate
procedure be used u nd e r which both the hear i ng on the appeal and
the first reading of the ,-- ordinance would take place
rezonIng on
February 12. This would be in lieu of having several weeks delay
between the appeal and the first reading.
As you may be aware, the hearing on the appe al was originally
scheduled for January 29, but was rescheduled at the request of
the Homeowners' Association. By honoring our request to combine
the hearing on the appeal and the first reading, the City will be
putting this matter back on its original time tab 1 e .
Your favorable consideration of this request will be most
appreci ated.
,,~~\
Me1Y yours, ?~~"\4
u;l ~J)J}' ': -:)
-~# /~
' c7 /
pe e t. Breton ;'1\
PLB/d 1 ,/
cc: Hr. Da ve Kovacs
Mr. Steve Smilack ~..
R 0 na 1 d K. Ko lins, Esq.
Jef fre y Ku r t z , Esq. .-'" .
.., 2122Z
.
.
LAW OFFICES
MOYLE, FLANIGAN, KATz, FITZGERALD & SHEEHAN, P.A.
THOMAS M. BEASON BARNETT CENTRE. 9'M FLOOR LINDA R. MCCANN
PETER L. BRETON 625 NORTH FLAGLER DRIVE ANDREW ..J. McMAHON
ROBERT BRODY POST OFFICE BOX 3aaa LISA A. MILLER
GREGORY D. COOK ..JON C. MOYLE
E. COLE FITZGERALD. m WEST PA.LM BEACH, FLORIDA. 33402 ..JODY H. OLIVER
..JOHN F. FLANIGAN TELEPHONE (407) 659-7500 DAVID S. PRESSLY
ANDREW FULTON. = FACSIMILE (407) 659 -1789 PATRICK E. OUINLAN
MYRA GENDEL _ MARK E. RAYMOND
NANCY MALLEY GRAHAM TALLAHASSEE OFFICE THOMAS A. SHEEHAN. =
WINSLOW D. HAWKES. m TELEPHONE (904) 681-3828 DONNA H. STINSON
LYNN G. HAWKINS MARTA M. SUAREZ- MURIAS
MARTIN V. KATZ FACSIMILE (904) 681-8788 SAMUEL A. THOMAS
WILLIAM a. KING - WILTON L. WHITE
RONALD K. KOLINS STUART OFFICE THOMAS L. YOSET
STEVEN A. MAYANS TELEPHONE (407) 288 -I 144 ..JOEL H, YUDENFREUND
FACSIMILE (407) 288-1499
February 4, 1991
Mr. David T. Harden VIA TELECOPIER
Ci ty Manager
City of Delray Beach
100 NW 1st Avenue ~'
Delray Beach, FL 33444 In
"
Re: Appeal of Smilack/Slizyck FEe c; ,_
Rezoning Petition '.. v /991
Our File No. 19/457/3 !" il1}j:'j ~
I ..~ ~w~ ry' I:,;; f,i r r i,~' .'
Dear Mr. Harden: '
Thi s fi rm represents Steve Smi lack and Alma Jeanne Sl izyck
Smilack in the petition to rezone the 0.17 acre parcel in Pelican
Harbor to S.A.D.
After discussing the matter with Mr. Dave Kovacs and at his
suggestion, we would respectfully request that the alternate
procedure be used under which both the hearing on the appeal and
the first reading of the rezoning ordinance would take place on
February 12. This would be in lieu of having several weeks delay
between the appeal and the first reading.
As you may be aware, the hearing on the appeal was originally
scheduled for January 29, but was rescheduled at the request of
the Homeowners I Association. By honoring our request to combine
the hearing on the appeal and the first reading, the City will be
putting this matter back on its original timetable.
Your favorable consideration of this request will be most
appreci ated.
~inc ely your. s,
V:l
, --; 7/f c7. ~/~
P~t. Breton
PLB/d 1
cc: Mr. Dave Kovacs
Mr. Steve Smilack
R 0 na 1 d K. Ko Ii n s, E sq.
J ef f r e y Ku r t z, Es q .
2122Z
I
.
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ORDINANCE NO. 27-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PRD (PLANNED RESIDENTIAL DEVELOPMENT)
DISTRICT IN SAD (SPECIAL ACTIVITIES) DISTRICT; SAID
LAND BEING A PARCEL LYING IN SECTION 33, TOWNSHIP 46
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND
LOCATED ON THE NORTH SIDE OF THE C-15 CANAL, BETWEEN
FEDERAL HIGHWAY AND THE INTRACOASTAL WATERWAY;
PROVIDING FOR THE ESTABLISHMENT OF USES ALLOWED FOR
THE SUBJECT PROPERTY; PROVIDING FOR SITE AND
DEVELOPMENT PLAN APPROVAL WITH CERTAIN CONDITIONS; 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 De1ray Beach, Florida, is hereby rezoned and placed in the SAD
(Special Activities) District as defined in Chapter Four of the Land
Development Regulations of Delray Beach, Florida, to-wit:
That portion of the South 162.31 feet of the West
One-Half (W 1/2) of the Southwest One-Quarter ( SW 1 / 4 )
of the Northwest One-Quarter (NW 1/4) of the Northwest
One-Quarter (NW 1/4) of Section 33, Township 46 South,
Range 43 East, lying north of the no: ~h right-of-way
line of Canal C-15, Palm Beach County, Florida.
The subject property is located on the north side of
the C-15 Canal, between Federal Highway and the
Intracoastal Waterway.
The above described parcel contains a 0.17 acre parcel
of land more or less.
Section 2. That the uses allowed for the subject property
described in Section 1, above, pursuant to Section 4.4.25(B) (1) of the
Land Development Regulations of the City of Delray Beach, Florida, shall
be as follows:
(1) Eight (8) boat docks to be utilized by the
Pelican Way Boatowners Association
( 2) Private use of that portion of the subject
property which is associated with the townhomes.
Such uses are limi ted to those identified as
accessory to a single family home.
Section 3. That the development of the subject property
described in Section 1, above, is to be in accordance with the site and
development plans and attendant conditions as approved by the City
Commission on (specific site and development plan reference, conditions
of approval and the date of approval to be forthcoming; however, in no
event shall the date of approval for the site and development plans, as
Well as the second reading of this ordinance, exceed a period of 180
calendar days from the date of first reading of this ordinance, pursuant
to Section 4.4.25(C) (2) of the Land Development Regulations of the City
of Delray Beach, Florida).
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Section 4. 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 Be ach, Florida, to conform with the provisions of
Section 1 hereof.
Section 5. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 6. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 7. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
-2- Ord. No. 27-91
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(vY'
v
[IT' DF DELRA' BEA[H
100 N,W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243.7000
MEMORANDUM
TO: David T. Harden, City Manager~ Vv\-y~
FROM: ~ Robert A. Barcinski, Assistant City Manager, Admin. Services
SUBJECT: Aqenda Item # 12 R Ci ty Commission Meeting February 12 , 1991
Request From Old School Square - Alcoholic Beverage Ordinance
DATE: February 7, 1991
COMMISSION ACTION
City Commission is requested to approve on first reading an ordinance
amending Chapter 113 "Alcoholic Beverages", Section 113.02 providing
an exception to permit the consumption of alcoholic beverages and
Section 113.16 "Sale of Alcoholic Beverages" on the Delray Beach
Elementary School property. If approved on first reading, second
reading and public hearing would be held on February 26, 1991.
BACKGROUND
We have received a request from Francis Bourque, Chairperson of the
Board, Old School Square, Inc. to amend the City Code to provide an
exception to provisions of the Code prohibiting the consumption and
sale of alcoholic beverage on City property. The exception would
allow the consumption and sale of alcoholic beverages on the Delray
Bea.ch Elementary School property only for events sponsored or
sanctioned by Old School Square.
The Board's intention is to create opportunities on the site to
generate revenues. Various activities such as wedding receptions,
corporate meetings, exhibits, and special events might need the
ability to serve and/or sell alcoholic beverages. Without the
exception, Old School Square, Inc. would need to request a waiver for
each event, either from the City Manager to waive consumption
provisions or the City Commission to sell alcoholic beverages. The
Code currently provides an exemption for the Municipal Golf Course.
If approved, staff recommends that Old School Square, Inc. obtain a
liquor liability insurance policy. Also, the organization sponsoring
the event will need to obtain a state license to serve and sell
alcoholic beverages.
RECOMMENDATION
Recommend approval of ordinance amendment on first reading.
RAB:kwg
THE EFFORT ALWAYS MATTERS
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'>j")j>c;j;;r, .. . ,'~. JANUARY 31~1991
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.~.;&r,.j>j>"';jjj
MR. BOB BARCINSKI
ASST. CITY t"lANAGER
100 N.W. 1ST AVE.
DELRAY BEACH,FL. ..:'-.::.~44
OlD DEAR BOB;
SCHOOl DURING PREVIOUS OLD SCHOOL SQUARE BOARD MEETINGS, YOU
WILL RECALL THE DISCUSSIONS REGARDING THE USE OF ALCOHOL ON
THE SITE. AT YOUR SUGGESTION, WE ARE REQUESTING THAT THE
-SOUARl- COMMISSION ADD OLD SCHOOL SQUARE TO THE LIST OF EXCLUSIONS OR
EXCEPTIONS, AS IS THE DELRAY BEACH GOLF CLUB, FOR THIS USE.
CULTURAL ARTS CENTER
THE BOARD'S INTENTION IS TO CREATE AN OPPORTUNITY FOR
THE SITE TO BEGIN PRODUCING REVENUES. THE RESTORED BUILDINGS
WILL SOON BE ABLE TO ACCOMODATE EVENTS ON A RENTAL BASIS,
SUCH AS WEDDING RECEPTIONS, CORPORATE MEETINGS, 1'-1US I CAL
EXHIBITIONS AS WELL AS MUSEUM OPENING CELEBRATIONS. BECAUSE
IT IS USUAL AND CUSTOMARY TO SERVE WINE AND CHAMPAGNE AT
THESE VARIOUS FUNCTIONS, WE WILL BE GREATLY HINDERED IN OUR
MARKETING IF THE REFRESHMENTS ARE NOT ALLOWED. OUR OWN FUND
RAISING EVENTS, SUCH AS THE UPCOMING PROM, WOULD BE MET WITH
NEGATIVE RESPONSES AND POOR ATTENDANCE IF IT WERE KNOWN THAT
LIBATIONS WERE UNAVAILABLE.
YOU MAY REST ASSURED THAT WE WILL TAKE THE NECESSARY
PRECAUTIONS TO EXERCISE THIS EXCEPTION WITH PRUDENCE AND
CAUTION, BUT DO FEEL WITHOUT IT, WE WILL BE UNABLE TO
ADEQUATELY PROMOTE THE SITE FOR IT'S HIGHEST USE.
PLEASE ADVISE US AS TO WHAT FURTHER ACTION MAY BE NEEDED
TO HAVE THIS EXEPTION GRANTED.
SIN?iLY,
~/~thif~.
FRA CES F. BOURQUE
CHAIRMAN OF THE BOARD
FFB;dja
4: p"'ll; ci tybze
Old School Square,lnc.
Post Office Box 1897
51 North Swinton .ANenue
Delray Beach, Florida 33447
(407) 243-7922
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ORDINANCE NO. 2 8- 9 1
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING TITLE XI, "BUSINESS
REGULATIONS" , CHAPTER 113, "ALCOHOLIC BEVERAGES" , OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, TO PROVIDE AN EXCEPTION TO PERMIT THE
CONSUMPTION AND SALE OF ALCOHOLIC BEVERAGES ON THE
DELRAY BEACH ELEMENTARY SCHOOL PROPERTY IN CONJUNCTION
WITH A SPECIAL EVENT OR OLD SCHOOL SQUARE, INC.
SPONSORED OR RENTAL ACTIVITY; 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 Title XI, "Business Regulations", Chapter 113,
"Alcoholic Beverages" , "General Provisions" , Section 113.02,
"Prohibition of Consumption of Alcoholic Beverages in Public Places",
Subsection (A) , of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
Sec. 113.02 PROHIBITION OF CONSUMPTION OF ALCOHOLIC
BEVERAGES IN PUBLIC PLACES
(A) Within this city it shall be unlawful for any
person to consume alcoholic beverages:
(1) On the public streets, sidewalks, alleys and
other rights-of-way with the exception that
seated patrons of a permitted sidewalk cafe
may consume alcoholic beverages;
( 2) On the beach;
(3) In public parks, with the exception that
patrons of the restaurant located at the
Delray Beach Municipal Golf Course may
consume alcoholic beverages on the Delray
Beach Municipal Golf Course when they are
golfing'T, and the Delray Beach Elementary
School property in conjunction with a
special event or Old School Square, Inc.
sponsored or rental activity;
(4) In motor vehicles or trailers; or
(5) On business property outside the building
with the exception that patrons seated at
permanent tables provided by the business
may consume alcoholic beverages.
Section 2. That Title XI, "Business Regulations", Chapter 113,
"Alcoholic Beverages" , "Sale of Alcoholic Beverages" , Section 113.16,
"Areas and Location Where Sales Permitted", of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
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Sec. 113.16 AREAS AND LOCATION WHERE SALES PERMITTED
Alcoholic beverages for consumption on the premises
may be sold in any appropriately zoned district and in
chartered private nonprofit clubs, er golf course club
houses, or cultural arts centers,-except that not more
than one vendor of malt beverages containing alcohol
of more than 1% by weight for consumption on the
premises or one vendor of beverages containing alcohol
of more than 1% by weight and not more than 14% by
weight and wines regardless of alcoholic content for
consumption on the premises shall be located wi thin
anyone block fronting on a street nor in the block
immediately across the street, unless the
establishment is a duly licensed restaurant serving
full course meals at tables. However, this section
shall not apply to any business now operating, or to
the assigns or grantees of any person now operating at
existing locations.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on thi s the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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