02-26-91 Regular
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - FEBRUARY 26/ 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPATION
l. 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 2/26/91
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 (No minutes).
6. Proclamations:
A. Red Cross Month- March 1991.
7. Presentations: None.
8. Consent Agenda:
A. RENEWAL OF AGREEMENT- AMERICA'S PROS: Approve a one year
extension of an agreement for landscape maintenance on N.E. 8th
Street and West Atlantic Avenue with America's Pros in the amount
of $24,605 with funding from Beautification Contract Maintenance
(Account No. 119-4144-572-33.49) . City Manager recommends
approval.
B. APPROVAL OF AGREEMENT BETWEEN THE CITY AND PALM BEACH COUNTY
SCHOOL BOARD: Approve an agreement with the School Board to
provide school buses and drivers for the Summer Day Camp programs.
City Manager recommends approval.
C. ACCEPTANCE OF WATER SERVICE AGREEMENT: Accept a water service
agreement from property owners at 14845 Whatley Road, Country Club
Acres, Second Addition. City Manager recommends approval.
D. FINAL PLAT APPROVAL: Approve final plat for Walgreen's of
Delray located N.E. 6th Avenue between N.E. 4th and 5th Streets.
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Agenda
Meeting of 2/26/91
E. REQUEST FOR FINAL PAYMENT: Approve a request for final payment
in the amount of $10,256 from Data Flow, Inc. for completion of the
Radio Telemetry and Data Logging System for the Wastewater Lift
Stations funding from 1984 Water and Sewer Construction Note Lift
Station Telemetry (Account No. 441-5162-536-60.36) . Account
balance $10,256. City Manager recommends approval.
F. REQUEST FOR FINAL PAYMENT: Approve a request for final payment
in the amount of $3,250 from Southern Pipeline, Inc. for the
installation of a 15 foot sanitary sewer line in an alleyway
between S.W. 6th and 7th Avenues with funding from Water and Sewer
Manhole Rehabilitation (Account No. 441-5178-536-61.84. Account
balance $24,000. City Manager recommends approval.
G. TEMPORARY TENT PERMIT: Consider a request for a temporary tent
permit from St. John Primitive Baptist Church to erect a tent on
their property at 615 N.W. 1st Avenue from March 18th through 23rd
in conjunction with a State Convention. City Manager recommends
approval.
H. AWARD OF BIDS AND CONTRACTS:
1. One ( 1 ) Brush Fire Fighting Truck-Fire Department- Southern
Coach, Inc. in the amount of $99,355 with funding from Decade
of Excellence Bond Issue (Account No. 225-2311-522-60.89).
Allocated purchase. Budgeted amount $100,000. City Manager
recommends approval.
2. One ( 1 ) Advanced Life Support Rescue Vehicle -Fire
Department- National Ambulance Builders, Inc. in the amount of
$64,184 with funding from State EMS Grant Funding (Account No.
501-3312-591-60.84) . Allocated purchase. Budgeted amount
$70,000. City Manager recommends approval.
3. Housing Rehabilitation- 135 N.W. 6th Avenue-MASCO-
$14,269.50i 707 S.W. 9th Court-Henry Haywood- $14,148.75i 602
S.W. 4th Street-Henry Haywood-$13,291.95i in a total amount of
$41,710.20 with funding from Community Development Block Grant
Housing Rehab (Account No. 118-1963-554-63.23) . Account
balance $174,983. City Manager recommends approval.
4. Rental Rehabilitation- 201 N.E. 1st Avenue- Gamzo, Inc. in
the amount of $15,472. Matching grant program City's share
$7,736 with funding from Community Development Block Grant
Housing Rehab (Account No. 118-1975-554-60.23) . Federal Grant
Funded program. Account balance $30,251.90. City Manager
recommends approval.
5. One Compactor Truck- Parks and Recreation- Solid Waste and
Recovery Systems, Inc. in the amount of $40,000 with funding
from Parks and Recreation Division Vehicles (Account No.
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Agenda
Meeting of 2/26/91
001-4131-572-60.84) . Allocated purchase. Budgeted amount is
$40,000. City Manager recommends approval.
6. Two ( 2 ) Case IH 385 Tractors- Parks and Recreation- Case
Power and Equipment in the amount of $25,791 with funding from
Parks-Equipment Other (Account No. 001-4131-572-60.89) .
Allocated purchase. Budgeted amount is $30,000. 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 February
12 through February 25, 1991.
B. APPEAL OF PLANNING AND ZONING BOARD ACTION: Consider a
request for appeal of a Planning and Zoning Board action denying
the Master Plan Modification for the Delray Park of Commerce.
C. REQUEST FOR WAIVERS OF CITY CODE: Consider a request for
waivers associated with the adaptive reuse of the Sundy House.
Historic Preservation Board recommends approval.
D. DETERMINATION OF REQUIREMENTS/SOUTHWERKS AT THE TABARD:
Determine requirements with regard to the proposed creation of two
nonconforming lots via a replat of Lots 13 and 14 I Block 58,
Metcalf's Subdivision, located on the northeast corner of N.W. 1st
Avenue and N.W. 2nd Street.
E. REQUEST FOR FUNDING: Consider a request for funding in the
amount of $1,000 from Pine Grove Elementary School to help
underwrite the cost of the Safety Patrol/s trip to Washington, D.C.
City Manager recommends approval.
F. REQUEST FOR FUNDING: Consider a request for funding from
Atlantic High School to help underwrite their participation in a
festival being held May 8th through May 12th at the John F.
Kennedy Center for the Performing Arts in Washington, D.C.
G. REQUEST TO ATTEND A SEMINAR: Consider a request from the
Historic Preservation Board to send one staff member and one Board
member to the State Division of Historical Resource's "Historic
Preservation Day 1991" to be held March 12th and 13th in
Tallahassee. Funding is available in Planning and Zoning
Department Budget.
H. ARCHITECTURAL CONTRACTS- DECADE OF EXCELLENCE PROJECTS:
Provide direction regarding indemnification clause in the contracts
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Agenda
Meeting of 2/26/91
for architectural services for the Veteran's Park, Currie Commons
Park, and Miller Park.
I. CONSULTING/ARCHITECTURAL CONTRACT- BANKER'S ROW PROJECT:
Rank the top three firms and authorize staff to negotiate and award
contract for the Banker's Row Project.
J. CONTINUATION OF ORDINANCE NO. 7-91 : Consider a recommendation
to continue 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. This annexation
is commonly referred to as West Atlantic Avenue Annexation #3.
K. CHANGE ORDER NO. 4 : Approve Change Order No. 4 in the amount
of $23,000.50 to the contract between the City and Johnson and
Davis, Inc. for the reconstruction of S.E. 1st Avenue with
funding from Decade of Excellence Bond Issue (Account No.
225-3161-541-61.41/-$11,500.25) and Water and Sewer S.E. 1st
Street Drainage (Account No. 444-5174-536-61.41/-$11,500.25).
Account balances $29,728 and $11,500.25. City Manager recommends
approval.
L. EXECUTION OF RELEASE DOCUMENT/ROAD AND BRIDGE TAX CASE: Approve
the execution of a release document accepting settlement in the
approximate amount of $32,402.16 for all claims Delray Beach has
against Palm Beach County for violation of the road and bridge tax
statute.
M. DUNE RESTORATION PROJECT: Consider applying for State funding
through the Palm Beach County Department of Environmental Resources
for enhancement of our existing dune system to include walkovers,
minor fill replacement, and revegetation; and identify matching
project funds.
N. BEACH NOURISHMENT PROJECT/COUNTY COORDINATION: Discussion
regarding the expansion of County permitting authority with respect
to beach nourishment projects.
10. Public Hearings:
A. 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
organizations; 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 maintenance; to provide for an adjustment for
non-residential properties not located within the Lake Worth
Drainage District with private drainage systems on site.
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Agenda
Meeting of 2/26/91
1. RESOLUTION NO. 118-90: A Resolution establishing a
budget for the Stormwater Utility System; establishing
rates for Stormwater Management assessments for each
parcel within the benefitted area; and authorizing, upon
adoption, for the City to bill and collect Stormwater
Management Assessments.
2. STORMWATER ASSESSMENT ROLL: Ratify, confirm,
certify and adopt Stormwater Assessment Roll as being
correct, proper, and in conformity with the Resolution
setting forth the budget rates.
B. REQUEST FOR WAIVER OF THE SIGN CODE: Consider a request for
waiver of the Sign Code from the Rod and Gun Club to permit a 40
square foot, 10 feet high free standing sign within the setback.
C. 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.
D. 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
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).
E. ORDINANCE NO. 12-91: An Ordinance amending the Land
Development Regulations to provide for additional structures which
are allowed in setback areas; 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).
F. 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).
G. 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).
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Agenda
Meeting of 2/26/91
H. 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 expiredi and to provide for inclusion of Tutor Time Plaza as
an approved SAD. Planning and Zoning Board recommends approval
(7-0 vote).
I. ORDINANCE NO. 16-91: An Ordinance amending the Land
Development Regulations to provide for a limitation of one real
estate sign per loti 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).
J. 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).
K. ORDINANCE NO. 18-91: An Ordinance amending the Land
Development Regulations to provide for the extension of canopies,
marquees, and covered walkways into the public right-of-way with
approval from the City Commission. Planning and Zoning Board
recommends approval (7-0 vote).
L. 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).
M. 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).
N. 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.
O. 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.
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Agenda
Meeting of 2/26/91
P. 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.
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: None.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - FEBRUARY 26, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M. !
COMMISSION CHAMBERS
ADDENDUM
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THE CONSENT AGENDA IS AMENDED AS FOLLOWS: .
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8H. Award of Bids and Contracts:
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5. One Compactor Truck-Parks and Recreation- Solid Waste and I
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Recovery Systems, Inc. in the amount of $27,778 with funding .
from Parks and Recreation Division Vehicles (Account No.
001-4131-572-60.84) .
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SAM P L E
American Red Cross Month Proclamation
WHEREAS, the American Red Cross is one of the largest
and oldest social service organizations in America and
WHEREAS, volunteer and financial contributions are needed more
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now than ever before to protect the needs of our citizens and
WHEREAS, volunteers make it possible for the Red Cross to collect
and provide blood to the ill and injured, provide emergency
assistance to disaster victims, and to respond to the emergency
needs of armed forces personnel and their families and
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dependents, and
"
WHEREAS, Red Cross volunteers conduct thousands of courses
in health and safety and
WHEREAS, for 110 years the American Red Cross has been
an essential ingredient of American life helping us to
learn, to help, and to prosper.
THEREFORE, I, (name) , (governor, mayor, etc. ) of
(place) , proclaim March (year) as RED CROSS MONTH in
(place) . I urge all residents of (place) to donate their
time and their resources to support Red Cross activities.
IN WITNESS WHEREOF, I have herewith set my hand and caused
the Great Seal of (place) to be affixed.
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~~t<<~J~~
+ American Red Cross JAR ~.
2 2 91
Palm Beach County Chapter
P.O. Box 870
825 Fern Street
West PaIm Beach, FL 33402
Phone (407) 833-7711
FAX (407) 833-8771
JANQARY 17, 1991
To: Officials of Palm Beach County
Municipalities.
From: Palm Beach County Chapter American Red Cross
Re: "Red Cross Month"
March is traditionally Red Cross Month proclaimed as such each
year by the President of the United States who also serves as the
organization's honorary chairman_
The American Red Cross is mandated by Act of Congress to perform
two vital functions; "Service to Military Families" and Disaster Relief.
At the present time, the Red Cross is deeply involved in meeting the
emergency needs of local armed forces personnel stationed in Saudi to
contact their families with situations requiring immediate action.
The same attention is given families who need crisis messages sent
overseas from Palm Beach County. Although this is a 24 hour a day
7 days a week service, it naturally accelerates in war time.
Red Cross Month is the ideal time to arouse an awareness in the
comrr..unity of the work of the Red Cross, not only concerning the man-
dated services, but also the fulfillment of the mission of the Red
Cross----to save lives through education and training in first aid,
CPR and AIDS education.
We would greatly appreciate your support during the month of
March by flying the Red Cross flag over your complex which will be
delivered by a Red Cross volunteer. Also attached is a copy of the
President's proclamation which many municipalities repeat in a pro-
clamation of their own wordage presented at a regular meeting of
their councilor commissioners. We would be pleased to send a Red
Cross representative to accept the proclamation.
Please respond to the office of Public Relations at the Red
Cross headquarters in West Palm Beach, 833-7711 or P. O. Box 870
West Palm Beach, FL 33402 for arrangements to deliver the flag
and to accept the proclamation.
Thank you.
Sincerely,
.. &~
. MarZ!
Director
Public Relations
North County Service Center South County Service Center West County Service Center
11380 Prosperity Farms Road Spanish River Plaza-Bay #15/16
Suite 114 500 N.E. Spanish River Boulevard Florida Federal Bank Building
Palm Beach Gardens, FL 33410 125 North Main Street
Phone (407) 622-8003 Boca Raton, FL 33431 Belle Glade. FL 33430 --
FAX (407) 622-8107 . Phone (407) 368-6622 Phone (407) 992-9703
~ FAX (407) 368-6624 FAX (407) 996-9780
The programs of the American Red Cross are made possible by the voluntary services and financial support of the American People.
A United Way
Member Agency
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 8'Jt1
SUBJECT: AGENDA ITEM # '8'A - MEETING OF FEBRUARY 26, 1991
CONTRACT RENEWAL-AMER1CA/S PROS
DATE: February 19, 1991
This item is before you to approve a one year renewal of contract with
America's Pros for landscape maintenance services on N.E. 8th Street
(between N.E. 5th Avenue and A-1-A) and W. Atlantic Avenue (between
Swinton Avenue and the 1-95 Interchange). The terms of the original
contract provide for renewal. Staff has periodically reviewed
America/s Pros work and has found it to be satisfactory. Therefore,
renewal is recommended. America/s Pros have offered to renew at the
original contract price of $24,605. Funding is available in the
Beautification Trust Fund Maintenance Contracts (Account No.
119-4144-572-33.49).
Recommend renewal of the contract with America/s Pros in the amount of
$24,605 for landscape maintenance services on N.E. 8th Street
(between N.E. 5th Avenue and A-l-A) and W. Atlantic Avenue (between
Swinton Avenue and the 1-95 Interchange) .
Clp;X~d- ;2/c26/9/
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AMERICA' 5 PROS ReCEIVED JAN 0
A Division of Fuhrman Enterprises 9 mSf
5385 Adams Road
De1ray Beach, Florida 33484
( 407) 495-l675
City of De1ray Beach January 8, 1991
lOO N.W. lst Avenue
De1ray Beach, Florida 33444
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Dear Mr. Weldon:
As the end of the first year of contract t 90-l3 Landscape Maintenance
for Atlantic Avenue & N.E. 8 Street we wish to inform you that we are
willing to renew the contract at the same price for a second year,
per page 3 of the contract, should you wish to do so.
Sincerely,
Earl W. Fuhrman
AMERICA'S PROS
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Agenda I tem No. :
AGENDA REQUEST
Date: 2/19/91
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When: 2/26/91
Description of agenda item (who, what, where, how much): Approve
renewal for a one year agreement for beautification maintenance with America's
Pros for N.E. 8th Street and W. Atlantic Avenue in the amount of $24,605.00
per the terms and specifications of the contract from Bid #90-13 approved by
City Commission on 2/13/90.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval to renew beautification maintenance contract
for a one year period with America's Pros for maintenance of N.E. 8th Street and
W. Atlantic Avenue.
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: 119-4144-572-33.49 Beautification Contract Maint.
Account Balance:
City Manager Review:
Approved for agenda: YES/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~~ - MEETING OF FEBRUARY 26, 1991
ACCEPTANCE OF WATER SERVICE AGREEMENT
DATE: February 19, 1991
We received an executed water service agreement from the owners of
property at 1485 Whatley Road in the Second Addition to Country Club
Acres subdivision located on the east side of Military Trail, just
south of Atlantic Avenue. This water service agreement was necessary
as a part of the extension of a water main into this area and
subsequent receipt of City water service.
Recommend acceptance of a water service agreement from the property
owners at 14845 Whatley Road in the Second Addition to Country Club
Acres subdivision.
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Agenda Item No.:
AGENDA REQUEST
Date: 2/14/Q,
Request to be placed on:'
Consent
xx ~ Agenda Special Agenda Workshop Agenda
When: 'J/26/9l
Description of agenda item (who, what, where, how much): Reauest Citv
Commission to approve the Water Service Agreement for Leon and Louise Smith
14R4~ Whatl~y Roan. Delray Beach. Fl. 33445. Country C,lllh A('rp~
ORDINANCE/ RESOLUTION REQUIRED: YESINO Draft Attached: YES/NO
Recommendation: Staff Recommends acceptance and approval of th;~ yatpr
service agreement.
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Department Head Signature: ~,fl ?l---~.J
Determination of Consistency with Comprehensive Plan:
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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:
:,,'
City Manager Review:
~ . Approved for agenda: YES/ NO
'J,.
>it: Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
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AGREEMENT FOR WATER SERVICE
OUT OF CtTY - EXISTING, INDEPENDENT,
RESIDENT OR COMMERCIAL UNIT
This agreement, made on this day of ,
1990, by and between ,
hereinafter called the customer, and the crry OF DELRAY
BEACH, a municipal corporation of the State of Florida,
hereinafter called the CITY.
WITNESSETH, that the CUSTONER, his heirs. and assigns,
for and in consideration of the privilege of receiving wat~r
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.
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 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.
5. 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.
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 a~nexation under such
other laws. The premises shall be subject to annexation at
under this agreement due to any prohibitions, restrictions,
limitations or requirements of local, regional, state or
federal agencies or other agencies having jririsdiction 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, 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.
8. 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 ~r 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.
. 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 parties to. be - -bound-
thereby.
10. The water use granted by this Agreement is for the
quantity of 1 tapes) located on the property described
in-paraaraph 4, above. The water shall be in conjunction
with domestic use as depicted upon the plan known as
Country Club Acres Water Main Extension and
approveu I by -~he Delray Beach ~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, 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.
.
.
IN WITNESS WHEREOF the parties hereto have executed this
agreement the day and year first written.
WITNESSES:
,
. / .
~-,./
~t/{.-
As to Customer
ATTEST: CITY OF DEmAY BEACH
. city Clerk l1ayor
.
LEGAL DESCRIPTION APPROVED
BY ENGINEERING DIVISION
- ,- -,--. .' ...... .
FORM APPROVED BY CITY ATTORNEY
STATE-QF ) ....
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 / ~':Yltl ~. ~ / (JOI'!.Jf.._~ ,../S.v h.r /~ / ,
to me known to be the person(s) described in and who
executed the foregoing instrument and
acknowledged before me that executed the
same.
WITNESS my h~n4 a!,d official seal in ~nty and
State last aforesa~d' th~s Jj ~ day of h _,
19 91 ./) 11.-""..
~~ (SEAL)
NotaryPu~ ic
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtJ!v1
SUBJECT: AGENDA ITEM # ~LJ - MEETING OF FEBRUARY 26, 1991
FINAL PLAT APPROVAL- WALGREEN/S
DATE: February 19, 1991
We have received a request for final plat approval for Walgreen/s i
located on N.E. 6th Avenue between N.E. 4th and 5th Streets. This
boundary plat is required as a condition of the site plan approval. t
The plat combines the existing lots and incorporates the alley that '
runs between the lots. Two conditions existed which required action
prior to final plat approval: abandonment of the alley which runs
through the property and removal of two utility poles. The Resolution
of abandonment for the alleyway was approved at your October 15th
meeting, however remains unrecorded pending a final decision on the
plat. The two utility poles, which pose a safety problem with regard
to vehicular traffic, will be relocated. Costs for this project will
be split between the developer and the City. The Engineering
Department has funding in their budget available for this project.
Funding will be paid directly to Florida Power and Light.
As all the conditions have been met, it is now appropriate for the
Commission to act upon the final plat. There is no Planning and
Zoning Board recommendation as the Commission had previously requested
that the final plat come directly to them. Additionally, the new
LDR1s do not require a Planning and Zoning Board review of a boundary
plat.
.
," .
~
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ALISON MACGREGOR-HARDY, CITY CLERK
~d~~u~
FROM: D J. K VACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 26, 1991
FINAL PLAT, DUBLIN PROPERTIES AKA WALGREENS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a final plat.
BACKGROUND:
This boundary plat is required as a condition of approval of
the Walgreens Building site plan approval - City Commission
approval was granted on August 28, 1990.
The property is combining existing lots of record and
incorporating the alley that runs between the lots. As a
condition of approval, the alley was required to be
abandoned. City Commission approval was granted on October
15, 1990. However, the resolution of abandonment has not
been recorded as the final plat has not been approved. The
final plat will provide aqingress/egress easement over the
existing alley, thus retaining the alleyway for the entire
block.
In addition, there was a condition of final plat approval
that two power poles in the alley be relocated as they posed
a safety problem to vehicular traffic. Being that the poles
existed as a safety problem the City Engineer agreed to
split the cost with the developer of relocating the poles.
The Engineer Dept. will utilize funds from the pole
relocation account, which is available for this specific
problem. The funds will be paid directly to Florida, Power
and Light, as they will be relocating the poles.
The plat is properly prepared, engineering plans filed, and
necessary permits obtained. The plat is now ready for City
Commission action.
.
.
.
City Commission Documentation
Final Plat, Dublin Properties
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board has not reviewed this plat as:
1) when site plan approval was granted it was stated that
the final plat would go directly to the City Commission; and
2) under the LDR's, a boundary plat does not require P&Z
review.
RECOMMENDED ACTION:
By motion, approval of the boundary plat for the Dublin
Properties.
Attachment:
* Reduction copy of the plat
ked/#6walcc
.
.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 1?Y1
v .
SUBJECT: AGENDA ITEM #~t: - MEETING OF FEBRUARY 26, 1991
REQUEST FOR FINAL PAYMENT- DATA FLOW SYSTEMS, INC.
DATE: February 19, 1991
We have received a request for final payment in the amount of $10,256
from Data Flow Systems, Inc. for completion of the Radio Telemetry and
Data Logging System for the Wastewater Lift Stations. Staff has
reviewed this work and found it to be satisfactorily complete.
Recommend approval of request for final payment in the amount of
$10,256 from Data Flow Systems, Inc. with funding from 1984 Water and
Sewer Construction Note Lift Station Telemetry (Account No.
441-5162-536-60.36). Account balance $10,256.
.
-
.
Agenda Item No.:
AGENDA REQUEST
Date: February 15, 1991
Request to be placed on:'
~",. ""
xx RegulA.c-Agenda Special Agenda Workshop Agenda
When: February 26, 1991
Description of agenda item (who, what, where, how much): Request City Commission
to approve final payment for Data Flow Systems, Inc. in the amount of $10,256.00 for the completion
of the Radio Telemetr~ and Data Logging System for the Wastewater Lift Stations. Funded under the
account number tfIl.1 SlV1 ~iHi-'ll QS. "Il/I,-.5"Z-s'J~ - ~t>.3' ~D# lBIJ2.f #I!!..
ORDINANCE/ RESOLUTION REQUIRED: ~E:4/NO Draft Attached: ~i:6/NO
Recommendation: Staff recommends approval of the final pay request from Data Flow Systems, Inc.
in the amount of $10,256.00.
\..
Department Head Signature: 1tJj~no.-.J
Determination of Consistency with Comprehensive Plan:
"'!"
City Attorney Review/ Recommendation (if applicable):
Budget Direc!F,r ~eview (required on all iteas involving expenditure
of fundS),/;" :~
Fund ng available: YESI NO
Funding alternatives: (if applicable)
Account No. & DeS1fW: t1~ t/~;f- 5.3'/'- t,().~?
Account Balance: 11/1.5 Iff'l tV/r ~
City Manager Review: ~~ ~~-1~
Approved for agenda: ~ NO tJ?V1
Hold Until:
Agenda Coordinator Review:
Received:
Action: A~proved/Disapproved
I
f- -. ;h (!
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MEMORANDUM ,it'......
,.' / I
IV/4,/llf:f(
TO: William H. Greenwood ;jl'J{ <- I
Director of Environmental Services
'V/lI(?!{
THRU: Ernest A. Kaeufer, P.E. 14~L
Asst. Director of Environmental Services/P.U. .
Larry J. Martin r:! /
Deputy Director of Environmental services/P.U..f,"/'
FROM: Michael Offie
Maintenance Superintendent
SUBJ: PROJECT NO. 90-12.A; DATA FLOW RETAINAGE
DATE: February 5, 1991
On December 21, 1990, we released the sum of $10,256.00,
which is one half of the retainage for the first thirty (30) lift
stations t~ receive telemetry.
The retainage was not completely released because of
problems with pressure switches and the pump control module. To
correct these problems required an additional pressure switch in
nine can type stations. This work is now complete and the
stations are performing to our satisfaction.
I recommend that we release the remaining $10,256.00 for
full payment.
.
(" . //!: /~.
/1 //. ':.J. I.___.A:!. I.. r.: __
Micihael Offie/.
Maintenance Superintendent
MO:pw
cc: William H. Greenwood, Director of Environmental Services
Ernest Kaeufer, Asst. Director of Environmental Svs/P.U.
Larry J. Martin, Deputy Director of Environmental Svs/P.U.
Mark Gabriel, Asst. Director of Env. Svs/City Engineer
George Abou-Jaoude, Deputy Director of Env. Svs/projects
Bob Bullard, Maintenance Supervisor
FILE; MODATA37 (Data Flow)
.
[ITY DF DELRAY BEA[H
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 4071243-7000
December 21, 1990
Data Flow Systems
P. O. Box 2550
Melbourne, Florida 32902-2550
Attention: Mr. Steve Whitlock, Sales Manager
SUBJECT: PROJECT NO. 90-12.a
BID NO. 89-95
P.O. 18429
RETAINAGE
Dear Mr. Whitlock:
Reference is made to your letter dated October 31, 1990 I
in which you requested the release of the retainage of
$20,512.00.
This office has reviewed your request and have determined to
release half of your request, the sum of $10,256.00 Please
submit your invoice in this amount and it will be processed.
, Sincerely,
;
i
i1
Ernest A. Kaeufer, P. E. I
.1
Assistant Director, Environmental Services/PU "
f
I
Greenwood, Director, Environmental Services I
cc: W. i
M. Gabriel, Asst. Dir. Environmental Services/ I
City Engineer I
I
G. Abou-Jaoude, Deputy Director Projects ,
I
L. Martin, Deputy Director Environmental Services I
i
M. Offie, ,Superintendent, Maintenance !
EAK: jaf I
I
ek901301 :
File: Project 90-13A
I
I
j
!
I
I
i
I
THE EFFORT ALWAYS MATTERS
.
~~~~~(C~
DA i" A, FLOW SYSTEMS, INC. INVOICE INVOICE PAGE
DATE NO.
P. O. BOX 2550 01-11-91
MELBOURNE, FL 32902 0001 1
(407) 729..;0596
SOLD Attn: Accounts Payable SHIP
TO City of Delray Beach TO
100 NW 1st Avenue
Delray Beach, Florida 33444
ORDER NO. ORDER DATE CUSTOMER SALES PURCHASE SHIP VIA SHIP DATE TERMS
NO. PERSON ORDER NUMBER
18429
QUANTITY UNn QUANTITY QUANTITY ITEM NO. ITEM DESCRIPTION UNIT PRICE UNIT EXTENDED PRICE
ORDERED SHIPPED BACK ORD.
Total Retainage for PO 18429 $ 20,512.00
50% to be released $10,256.00
R E .'f'" C!" (i~, t:' <~.I)
. 'J ~l ~., M 'ii' Lt'
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JtN 1 ~l 1?I}1
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_..----_.~.'. A~~itn~J;N1; a ~\,~ol .
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-",;..
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~ I SALES AMOUNT
\ MISC. CHARGES
1......_______.. . SALES TAX
FREIGHT
TOTAL
PAYMENT REC'D
BALANCE DUE $ 10,256.00
.
[ITY DF DELHRY BEREN
100 N.W. 1s1 AVENUE DELRAY BEACH. FLORIDA 33444 407/243-7000
December 21, 1990
Data Flow Systems
P. O. Box 2550
Melbourne, Florida 32902-2550 R f'~ f. f' ~ '.'1 !J "... D
\.. .. r.' ~
L-, ~:1 ~...... f't. ...::
Attention: Mr. Steve Whitlock, Sales Manager
SUBJECT: PROJECT NO. 90-12.a JAN 14 1'/91
BID NO. 89-95
P.O. 18429 AGGOUNJ~ P~~fitUit
RETAINAGE
Dear Mr. Whitlock:
Reference is made to your letter dated October 31, 1990
in which you requested the release of the retainage of
$20,512.00.
This office has reviewed your request and have determined to
release half of your request, the sum of $10,256.00 Please
submit your invoice in this amount and it will be processed.
Sincerely,
Ernest A. Kaeufer, P. E.
Assistant Director, Environmental Services/PU
cc: W. Greenwood, Director, Environmental Services
M. Gabriel, Asst. Dir. Environmental Services/
City Engineer
G. Abou-Jaoude, Deputy Director Projects
L. Martin, Deputy Director Environmental Services
M. Offie, Superintendent, Maintenance
EAK:jaf
ek901301
File: Project 90-13A
.~ ."1;
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. . .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # <5 f' - MEETING OF FEBRUARY 26, 1991
REQUEST FOR FINAL PAYMENT- SOUTHERN PIPELINE, INC.
DATE: February 19, 1991
We have received a request for final payment in the amount of $3,250
from Southern Pipeline for the installation of a 15 foot sanitary
sewer line in an alleyway between S.W. 6th and 7th Avenues. Staff has
reviewed this work and found it to be satisfactorily complete.
Recommend approval of request for final payment in the amount of
$3,250 from Southern Pipeline with funding from Water and Sewer
Manhole Rehabilitation (Account No. 441-5178-536-61.84). Account
balance $24,000.
.
SOUTHERN PIPELINE, INC.
UTILITIES CONTRACTOR
1471 Neptune Drive
Boynton Beach, Florida 33426
(407) 732.6711 ((~~(C))U? /:\(
City of Delray Beach February 14,1991
Department of Environmental Services
434 S. Swinton Ave.
Delray Beach, Florida 33444
Project - 15" P.V.C. Sanitary Sewer Main
Purchase Order Number - 19007
Vendor Number - 721930
RE: Breakdown of Billing and Cost.
A. Original Contract Amount 21,042.50
B. Credit for material not used. 1,440.50
C. Revised original contract amount. 19,602.00
D. Approved Change Orders 4,690.00
6 ~ 15"x6" P.V.C. Lateral 300.00 Ea. 1,800.00
30'- of 24" Steel Casing 33.00 Ft. 990.00
10 Hrs. Labor at 190.00 Per Hr. 1,900.00
Labor and Equipment rate as per city
contract.
E. Revised contract with change order. Total 24,292.00
F. Less amount of original contract 21,042.00
G. Cost difference original contract and
amount billed. Total 3,250.00
" ,
','- '\. .-
\ /, ~>--u__ A,,,.-.
Doug Fox,') -
.
I
-"'-'.'-" - ____. '0'. ~ --.> '_._0._'_ _.. ....._ .' ,,_..' '-" ,. ....--."...... ............- ."_...-.._..._..-......~ .--.-........-..-.
. .
SOUTHERN PIPELINE, INC.
UTILITIES CONTRACTOR
1471 Neptune Drive
Boynton Beach, Florida 33426 ~~((~))rJ~-)}'l'(
(407) 732-6711
City of Delray Beach December 20 ,1990
Utilities Department
100 N.W. 1st. Street
Delray Beach, Florida
Project - 15" P.V.C. Sanitary Sewer Main
S.E. 7th Ave.
Vendor No. 721930
Purchase Order No. 19007
Request For Payment
344' 15" P.V.C. Se''ier Ma i n 38.00 Ft. 13,072.0
2 15" Manhole Adapters 49.00 Ea. 98.0
2 Tie into Existing Manholes 400.00 Ea. 800.0
Cut 4.00 - 6.00
10 15"x 6" P.V.C. Laterals 300.00 Ea. 3,000.0
i 140 Tons Lime Rock 10.00 Ea. 1,400.0
I
! 1 Removal of Trees and Asphalt Lis 700.0
1 Flashers and Traffic Maintenance Lis 400.0
1 Bypass Pumping - Sewer lis 1,932.0
1 Install 30' of 24" Steel Casing for
Sewer Main.
30' of 24" Casing Material 33.00Ft. 990.0
10 Hrs. at 190.00 Per. Hr. Labor 190.00Ea. 1,900.0
Labor and Equipment rate as per city
contract.
Total Amount Due Total 24,292.0
\'.,
'I, '-'" ,
_ A ',,\ "-,,, .,....
Doug Fox-)
.
SOUTHERN PIPELINE, INC.
UTILITIES CONTRACTOR
1471 Neptune Drive
Boynton Beach, Florida 33426
(407) 732.6711 ~(C~:;)rr~~,)\y
..~ ..::'. / [ 1
City of Delray Beach March 5,1990
utilities Department
100 N.W. 1st. street
Delray Beach, Florida
Project - 15" P.V.C. Sanitary Sewer Main
Located in R/W Between S.E. 6th
and S.E. 7th Street
Delray Beach, Florida
RE: Sanitary Sewer
350' 15" P.V.C. S.D.R. 35 38.00 Ft. 13,300.00
2 15" Manhole Adapters 49.00 Ea. 98.00
2 Tie into existing manholes 400.00 Ea. 800.00
Cut 4.00 - 6.00
4 15" x 6" P.v.C. Laterals 300.00 Ea. 1,200.00 .
75 Tons 3/4 Wash Rock 11. 50 862.50
175 Tons Shell Rock 10.00 1,750.00
1 Removal of trees and asphalt
Trucking and dumps fee 700.00 700.00
1 Flashers and traffic Maintenance 400.00 400.00
1 Bypass Pumping - Sewer 84 Hours 23.00 Hr. 1,932.00
Sanitary Sewer Total 21,042.50
1.Permits and Fees by city.
2.Replacement of asphalt for road by city.
3.Relocation of existing gas main by city.
4.Density test by others.
~ J
'" )(:>--.~ \,,..
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Doug Fox
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Agenda Item No.:
AGENDA REQUEST
Date: 2/15/91
Request to be placed on:'
xxx Regular Agenda Special Agenda Workshop Agenda
When: 2/26/91
Description of agenda item (who, what, where,
rove final a ent to Southern Pipeline Inc. in
"tar sewer line in Alle wa Between SW t an
Approved PO #19007 City Commission Approve~ 5 8 90.
441-5178-536-61.84.
ORDINANCE/ RESOLUTION REQUIRED: YESINO Draft Attached: YES/NO
Recommendation: Reauest City Commission final payTllent for Southern Pipeline
Inc. in the amount of $3,250.00
;..
h_ ._,_.,___u.
Department Head Signature:
Determination of Consistency with Comprehensive Plan: N/A
"'f'
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all iteas involving expenditure
of funds):1 (I,~
Fun9fing available: ~/ NO
Funding alternatives: (if ~PliCable)
Account No. & Description: 44\-5nQ-5~.bf-g~.H7){.& E:+tM3
Account Balance: ~Iao
;.'
City Manager Review:
J Approved for agenda: YES/ NO
· Hold Until:
Agenda Coordinator Review~
Received:
Action: Approved/Disapproved
.
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER l17'1
SUBJECT: AGENDA ITEM # ~6- - MEETING OF FEBRUARY 26, 1991
TEMPORARY TENT PERMIT
DATE: February 19, 1991
We have received a request for a temporary tent permit from st. John
Primitive Baptist Church to erect a tent on the north side of the
church property at 615 N.W. 1st Street from March 18-23, 1991. The
church will be hosting the Florida State Primitive Baptist Church
Convention and the tent will be used to house displays, group
activities, food, etc.
Recommend approval of temporary tent permit for St. John Primitive
Baptist Church to erect a tent on the north side of the church
property at 615 N.W. 1st Street from March 18-23, 1991.
-III .
-
. - ,
, Agenda Item No.:
AGENDA REQUEST
Date: 2/20/91
Request to be placed on:'
X Regular Agenda Special Agenda Workshop Agenda
When: 2/26/91
Description of alenda item (who what. wh]re, ho~ m~ch):
Request for Tent pproval for St. John Primitive aptist urc
March 1~-L3, lYYl at bl) NW 1st ~treet
Holding State Convention
ORDINANCE/ RESOLUTION REQOIRED: YES~ Draft Attached: YES/NO
Recommendation: Approval
Department Head Signature: ~/~ .::::::::.:.
t .
Determination of Consistency with Comprehensive Plan:
City Attorney Reviewl 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: zt;/}
Approved for agenda: @/ NO
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
. . .
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA C. BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT
SUBJECT: TENT APPROVAL FOR ST. JOHN PRIMITIVE BAPTIST CHURCH
MARCH 18-23, 1991 - -
DATE: FEBRUARY 20, 1991
BACKGROUND
Elder Edward T. Haye s, Pastor at St. John Primitive Baptist
Church, is requesting permission to erect a tent from March 18-
23, 1991 on the north side of the church property located at 615
NW 1st Street. The church will be hosting the Florida State
Primitive Baptist Church Convention during this week. The tent
will house displays, group activities, protection from the
elements and food.
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
as sembly. The necessary permits and requirements have been
applied for.
RECOMMENDATION
The Department of Community Improvement recommends approval for
the erection of a tent from March 18 - 23, 1991, which will be
located on the north side of the church at 615 NW 1st Street, for
the purpose of holding a State Convention.
LB:DQ
D/8
Church. Tnt
.
. .,
~ ~J
PBC St. John Primitive Ba tist Church
407-278-2084 Elder Edward T. Hayes. Pastor. 615 N.W. 1 st Street. Delray Beach. FL 33444
February 19, 1991
Mrs. Lula Butler
Director, Community Improvement Dept.
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
RE: Approval to erect a Tent on Church Property
Dear Mrs. Butler:
We are formerly requesting City approval to erect a temporary
tent on the North side of our church property during the week
of March 18 - 23, 1991. We will be hosting the Florida State
Primitive Baptist Church Convention during that week and the
tent will be used to accommodate displays, provide protection
and designated space for group activities and meetings. Catered
lunch and snacks will be served fo convention participants
during different activities held throughout the week.
We understand that we must meet all permit requirements which
includes approvals by the Fire Department, Police Department and
the Building Oficial. We further understand that the temporary
erection of a tent requires City Commission approval and therefore
by this letter our request is to be placed on the February 26th
agenda.
Please feel free to contact me should you have any questions
concerning this request or if additional information is required
prior to City Commission consideration of this item.
Sincerely,
~~~
Elder Edward T. Hayes
Pastor
St. John Primitive Baptist Church
.
. ,
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM:
SUBJECT: - MEETING OF FEBRUARY 26/ 1991
CONTRACTS
DATE: February 19/ 1991
This is item is before for award of the following bids and contracts:
1. One ( 1 ) Brush Fire Fighting Truck-Fire Department- Southern
Coach, Inc. in the amount of $99/355 with funding from Decade of
Exce11ence Bond Issue (Account No. 225-2311-522-60.89).
Allocated purchase. Budgeted amount $100,000.
2 . One (1) Advanced Life Support Rescue Vehicle -Fire
Department- National Ambulance Builders, Inc. in the amount of
$64/184 with funding from State EMS Grant Funding (Account No.
501-3312-591-60.84). Allocated purchase. Budgeted amount
$70/000.
3. Housing Rehabilitation- 135 N.W. 6th Avenue-MASCO-
$14,269.50j 707 S.W. 9th Court-Henry Haywood- $14/148.75j 602
S.W. 4th Street-Henry Haywood-$13/291.95j in a total amount of
$41,710.20 with funding from Community Development Block Grant
Housing Rehab (Account No. 118-1963-554-63.23). Account balance
$174,983.
\~~ 4. Rental Rehabilitation- 201 N.E. 1st Avenue- Gamzo, Inc. in
the amount of $15/472. Matching grant program City's share
$7,736 with funding from Community Development Block Grant
Housing Rehab (Account No. 118-1975-554-60.23). Federal Grant
~ Funded program. Account balance $30,251.90.
5. One Compactor Truck- Parks and Recreation- Solid Waste and
Recovery Systems, Inc. in the amount of $27,778 with funding
from Parks and Recreation Division Vehicles (Account No.
001-4131-572-60.84). Allocated purchase. Budgeted amount is
$40/000.
6. Two (2 ) Case IH 385 Tractors- Parks and Recreation- Case
Power and Equipment in the amount of $25,791 with funding from
Parks-Equipment Other (Account No. 001-4131-572-60.89).
Allocated purchase. Budgeted amount is $30/000.
Recommend approval of the above award of bids and contracts.
.
.
,
"
Agenda I tem No. :
AGENDA REQUEST
Date: 2/19/91
Request to be placed on:
X Regular Agenda
Special Agenda 2/26/91
Workshop Agenda When:
Description of item (who, what, where, how much): Award of contract
to Southern Coach. Inc. in the amount of $99.355 for one (1) Brush
F1re Fighting Truck.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCEI RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend ap~roval with fundin~ from Decade of
Excellence Bond Issue, line 1tem number 225-2311-522-60.89.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
" \(~ ~, \lu~~
Department Head Signature:
City Attorney Reviewl Recommendation (if applicable):
Budget Director Review (required on all i teas invol vinq expenditure
of funds):
Funding available: ~/ NO
Funding alternative . (if a~liCable)
Account No. & Description: 225-2.3/1-&:;7.-2. ~-C;S'1 SQ I P'MraJT- 6f~
Account Balance: ~6,1A1
.
City Manager Review:
Approved for agenda: @/ NO Ut'1
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
.
.
M E M 0 RAN DUM
TO: David T. Harden, City Manager
THROUGH~Robert A. Barcinski, Assistant City Manager
Administrative Services
FROM: Ted Glas, Purchasing Officer o/~
DATE: February 20, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 26, 1991 - PURCHASE AWARD -
BRUSH FIRE FIGHTING TRUCK
Item Before City Commission:
The City Commission is requested to award purchase of one (1)
brush fire fighting truck to Southern Coach, Inc., at a total cost
of $99,355. Per the Budget Office, funding is from: 2'2 S- 2311-52'2 . reo-eq
( I:?~ lA I pt-.1eN1"' orlfE:f( ) .
Background:
Funds were allocated from the Decade of Excellence Bond Issue for
one (1) brush fire fighting truck. A total of $ was
budgeted for this purchase.
Brush fire fighting trucks are available via Palm Beach County Bid
1/91-021/ JK.
The Fire Chief has reviewed the bid, and recommends award to the
low bidder, Southern Coach, Inc. per attached memo.
Recommendation:
Staff recommends award of one (1) brush fire fighting truck to
Southern Coach Inc., at a total cost of $99,355. via Palm Beach
County Bid 1/91-021/JK. Funding as outlined above.
Attachments:
Documentation on County Bid
Memorandum from Fire Chief
pc Chief Koen
<6t-\.\
,.,~ .
.
[ITY DF DELIAY HEAEH
FIRE DEPARTMENT
M E M 0 RAN DUM
TO: TED GLAS, PURCHASING OFFICER
FROM: KERRY B. KOEN, FIRE CHIEF
DATE: FEBRUARY 19, 1991
SUBJECT: AWARD OF BID - BRUSH FIRE FIGHTING TRUCK
We recommend that the City of Delray Beach award a contract
to Southern Coach, Inc. of Ocala, Florida to purchase one (1)
Brush Fire Fighting Truck by extending Palm Beach County's
competitive bid No. 91-021jJK. This contract extension is
authorized by Section 52 of the standard terms and conditions of
the County bid and is confirmed by the attached letter from the
manufacturer.
The City will be acquiring this apparatus which meets our
general requirement at a base price of $98,000 along with options
1,2,3,5, and 9 from the February 13, 1991 equipment list. These
options total $1,355, for a total purchase price of $99,355. The
vendor has also agreed to make other modifications necessary to
provide a personnel walkway and safety area between the cab and
the apparatus body at no additional cost to the City. This
apparatus purchase is funded by the Decade of Excellence Bond
Issue, line item number 225-2311-522-60-89. Our original
estimate for this equipment was $100,000. We ask that this item
be scheduled for City Commission action at the regular meeting on
February 26, 1991.
\(~ ~ ~~ .
Kerry B. Koen
Fire Chief
KBKjtw
Attachments: Palm Beach County Bid 91-021jJK
Confirmation of Contract Extension by
Manufacturer
Option List dated February 13, 1991
cc: David T. Harden
City Manager
FIRE DEPARTMENT HEADQUARTERS- 101 WEST ATLANTIC AVENUE - DELRAY BEACH, FLORIDA 33444
407/243-7400. FAX 407/ 265-4660
.
.;;SOUtHCIRn
co.ellllle.
REMANUFACfURERS OF FIRE EQUIPMENT
1985 NORTH WEST STrH STREET. OCAlA FLORIDA 32675. PHONE (9041351-1180
FEBRUARY 13, 1991
QUOTE BASED ON EXTENSION OF PALM BEACH COUNTY
10 UNIT BID TO II UNITS. ONE UNIT TO BE BUILT .
FOR CITY OF DELRAY BEACH FIRE DEPARTMENT.
UNIT WILL BE BUILT BY SPECIFICATIONS PROVIDED
2/13/91 AND A PRE-CONSTRUCTION CONFERENCE
SCHEDULED ON OR AROUND JUNE 1991.
PRICE FOR 1991 B RUSH UNIT W/MT466 ENGINE AND DARLEY
PUMP.
$98,000.00
ANY UNITS ORDERED AFTER MARCH 1, 1991 WILL REFLECT
A 5% INCREASE.
~~,/ L
Darius R. Lewis
.
.
I ...... wi I -.... - - ~'rTl
DID RE-Cl\I? SHEE'l' Fo I
,
. . I
nID U 91-021/JK DID TITLE Drush Fire FIghting Trucks DUYER John Klatt/PR
SUPERCEDES DID B
,
. ,
IIlIlIll ..lfllll
DATE DID tlAILED 11/29/90 TR DATE EVALUATIOH RECEIVED 1/4/91 t'R
DATE PRE-BID CONFERENCE DATE POSTIlIe APPROVED ~~
DATE ADDENDUH(S) 12/10/90 TR DATE/TUIE DID POSTED . : '
DATE DID OPENED 12/1\)/90 'rR DATE/TII1E DID REMOVED '. :sS-
DA'rE SENT FOR 12/21/90 PR DATE PA/PC APPROVED .
DEPARTMENT EVALUATION .
aa====a==a=a===c===========================================================================c
IF PRICE AGREEMENT GENERATED: TERli TO
.
LIST BIDDER'S FROM LOYEST PAYMENT DELIVERY ,
TO UIGlIEST DID TERliS A/R/O TOTAL OFFER RECOli11EUDATIOH
Southern Coach Net 45 days $490.000.00 (1) ..
,
De1ray Fire Extinguisher N,et 30 180 days 591.620.00 (2) .
.
Emergency One Inc. Net 180 days 599.500.00 (2)
,
,
.KEY(S) FOR RECO~MENDATION:
,
(1) RECOMt-tEttOED AWARD TO LOWEST RESPONSIVE DIDDER (S) liEETING SPECIFICATIONS I
(2) NO AVARD, NOT "LOWEST" RESPONSIVE DIDDER.
(3) NO AWARD,' DID NOT MEET SPECIFICATIONS. " . .
f. 0,
DOES EVALUATING DEPARTHENT CONCUR lII'fll RECOtiMENDATION? YES X NO
- -
REtlARKS: Total Offer Based on Five (5) Uni~s Purchased.
,
.
==================================================~=======================================:
TUE FOLLOllING liAS DEEN PROVIDED AS PART OF TilE Jl.WllRD PROCESS:
.' ( X) CERTIF!CATE or INSURANCE, IF REQUIRED . .
( ) PERFORMJl.NCE AND PAYMENT nOND, IF REQUIRED
( X) DEPOSIT/DID BOND, IF REQUIRED
( X) PUBLIC ENTITY CRIME SWORN Jl.FFIDJl.VIT
( X) CERTIFICATE OF COMPETENCY, IF REQUIRED
( X ) RELATED LICENSES AND. PERMITS, IF REQUIRED
. ( ) llARRANTY INFORMATION, IF REQUIRED .
( X ) QUALIFICATION OF BIDDERS INFORMATION, IF REQUIRED
,
.
__. _m -- .
.
iii SOlll:HeRl1
.... COIICIIIIIC.
REMANUFACTURERS OF FIRE EQUIPMENT
1985 NORTH WEST 57TH STREET. OCAlA FLORIDA 32675. PHONE (904) 351-1180
,
FEBRUARY 13, 1991
OPTIONAL;
1. AIC I $ 700.00
2. LOCKING COMPARTMENTS KEYED ALIKE 80.00
3. TWO-TONE PAINT 499 RED WITH WHITE TOP 350.00
4. CHANGE TO CODE 111 LIGHT BAR Nlc
5. INSTALL CUSTOMER SUPPLIED BATTERY CONDITIONER 150.00
6. INs~ALL CUSTOMER HOSE REELS Nlc
7. HOSE ROLLER ASSEMBLY 6 EA @ $90.00 540.00
8. RAMSEY RE 12000 LB WINCH 1,400.00
9. PROVIDE 4" OUTLET IN SUMP FOR QUICK DUMP
PLUMBING 75.00
.
Agenda Item No.:
AGENDA REQUEST
Date: 2/19/91
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda When: 2/26/91
Description of item (who, what, where, how much): Award of bid to
National Ambulance Builders in the amount of $64,184 for the It.
purchase of one (1) Advanced Life Support Rescue Vehicle.
(Example: Request from Atlantic High School for $2/000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval with funding from Automotive
Equipment, Grant Account Number 501-3312-591-60.84.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55).
Department Head Signature: \{~ ~-\t..~
City Attorney Reviewl Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/ NO
Funding alternatives': (if aEt4licable)
Account No. & Description: 501 -3~1 'Z-S::;u. ~"~PITAL - ro}"/Oflv~
Account Balance: ~~.o~e
City Manager Review: eo/ NO tJ?1
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
.
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH~Robert A. Barcinski, Assistant City Manager
Administrative Services
FROM: Ted Glas, Purchasing Officer ;(/~
DATE: February 20, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 26, 1991 - BID AWARD - BID #97-17
ADVANCED LIFE SUPPORT RESCUE VEHICLE
Item Before City Commission:
The City Commission is requested to award contract to low bidder,
National Ambulance Builders, Inc. at a cost of $64,184. Per the Budget
Office, funding is from: SoI-331~Sql. (po-e~
( CA?lTAL OUTLA'f - AUTOp..U;rWe- ) .
Background:
Funds were allocated in the FY 90-91 budget to purchase one (1) advanced
life support rescue vehicle for the Fire Department. A total of
$70,000. was budgeted for this purchase.
Bids for this vehicle were received on January 14, 1991 from six (6)
vendors, all in accordance with City purchasing procedures. (Bid
1197-17. Documentation on file in the Purchasing Office.) A tabulation
of bids is attached for your review.
The Fire Chief has reviewed the bids, and recommends award to the low
bidder, National Ambulance Builders, Inc. including the trade-in of a
1984 model paramedic rescue unit, and a chassis warranty extension.
Recommendation:
Staff recommends award to low bidder, National Ambulance Builders, Inc. ,
at a total cost of $64,184. Funding as outlined above.
Attachments:
Tabulation of Bids
Recommendation from Fire Chief
pc Chief Koen
<8H .~
';1 .
.
[ITY DF DELIAY BEA[H
FIRE DEPARTMENT
M E M 0 RAN DUM
TO: TED GLAS, PURCHASING OFFICER
FROM: KERRY B. KOEN, FIRE CHIEF
DATE: FEBRUARY 19, 1991
SUBJECT: AWARD OF BID - ADVANCED LIFE SUPPORT RESCUE
VEHICLE
We have reviewed the submitted bids for this equipment and
recommend that the award be made to National Ambulance Builders,
Inc. of Orlando, Florida in the amount of $64,184. This amount
is based on the total price of $67,034 for one unit with a
deduct of $3,500 for a trade-in allowance and a warranty
extension option in the amount of $650. The National Ambulance
Builders, Inc. bid is the low bid and it meets our specifications
with only minor exceptions.
We ask that this item be scheduled for City Commission
action at the regular meeting on February 26, 1991. This project
is funded jointly by a State E.M.S. Matching Grant and current
city operating budget funds in line item number
501-3312-591-60.84. The amount budgeted for this project was
$70,000.
V~~ \C;. \~ ~
Kerry B. Koen
Fire Chief
KBK/tw
cc: David T. Harden
City Manager
FIRE DEPARTMEN1 HEADQUARTERS- 101 WEST ATLANTIC AVENUE - DELRAY BEACH, FLORIDA 33444
4071243-7400 - FAX 407/ 2654660
.
.
JANUARY 14, 1991 TABULATION OF BIDS
BID 191-1 T
ADVANCED LIFE SUPPORT RESCUE VEHICLE
---- I
National Emergency Southern Excellance
VENDOR Ambulance Vehicle Ambulance Inc.
------------------------------- !ui_!:i_~~~, Inc. Fabricators !~ _Bug_<!~rs, Inc.
ONE (11 ADVANCED LIFE SUPPORT
RESCUE VEHICLE
TOTAL PRICE ................ $67,034.00 $68,850.00 $72,955.00 $79,409.00
------------------------------- ----------------- ----
BRAND f KODEL : 1991 Ford E-350 Excellance Type
National Type Presidential 158" W.B. Caw- II I Long
III Series Type III yon Red w/South- Golden Eagle
Als Custom ern 500 Ser:ies
------------------------------- Module
TRADE IN PRICE DEDUCT $3,500.00 $2,000.00 $6,000.00 $2,500.00 **
------------------------------- ---------------------- ----------------------- -------
ADDITIONAL EQUIPKENT l SAFETY
OPTION - FURNISH ONE TELKA $3,995.00 $4,200.00 $3,800.00 $5,199.00
BRAKE RETARDER SYSTRK
UNIT PRICR EXTENSION
OPTION - YES f NO Yes ** Yes Yes Yes
------------------- ---------------------- - 90 - 140
DELIVERY TIME AFTER 120 Calendar 72 - 90 90 - 150
RECEIPT OF ORDER days calendar days * calendar days calendar days
-------------------------------- ----------- ----------------------- -- -
COMMENTS f EXCEIPTIONS: ** Chassis * approved dwgs. ** included in
increases will Subject to above figure
be passed on. chassis availa- ($79,409.00)
bUity.
Cost for Warran
ty Extension
for chassis
$650.00
.
JANUARY 14, 1991 TABULATION OF BIDS
BID t9l-l?
ADVANCID LIFE SUPPORT RESCUE VEHICLE
-- -----------------1
Florida Peconic Casso's Garage
VENDOR Transportation Ambulance Sales Inc.
Systems Inc. & Service Inc._ __
--------------- ------- - r-
ONE II) ADVANCED LIFE SUPPORT
RESCUE VEHICLE
IOTAL PilC! ................ $79> 950.00 $98.000.00 NO BID I
8iANDTKODEL-~----------- 1991 F9rd E-350 - R~-;d Rescue
Ford F1rst Re- Supermedic
sponse RespondeI 1991 Ford E-
Type III Modular 350 Chassis
-------
-------------------------------
None - do not
TRADE IN PRICE DEDUCT $4,000.00 want trade-in
------------------- ---------------------- --------
ADDITiONAL-EQUipKENT~-SAFETY-- --
OPTION - FURNISH ONE TBLKA $4,250.00 $4,090.00 $4.985.81
BRAtE RETARDBR SYSTEM
UNIT PRICE EITENSION
OPTION - YES I NO Yes Yes Yes
DELIVEiY UKB AFTER 90 days after 120 calendar 10 calendar
RECEIPT OF ORDER recei?t of days days
___________________ ~~~~.?1S______ ________ f---- _ ___
COMKBIITS I EICBIPTIOIIS: ** Telma Re-
tarder install-
ed $4.090.00
Pricing for
warranties
not included
in bid offer.
1;1
.
Agenda Item No. :
AGENDA REQUEST
Date: FEBRUARY 12, 1991
Request to be placed on:
Regular Agenda
Special Agenda
Workshop Agenda When: FEBRUARY 26, '1'991
XXX CONSENT AGENDA
Description of item (who, what, where, how much):
CASE. II ADDRESS GRANT AMOUNT
89-022HR 135 NORTHWEST 6TH AVENUE $14,269.50
88-030HR 707 SOUTHWEST 9TH COURT $14,148.50
89-017HR 602 SOUTHWEST 4TH STREET $13.291.95
, . .
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YESINO
Recommendation: RECOMMEND APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
HOUSING REHABILITATION GRANT AWARDS AND CONTRACT AWARDS FROM ACCOUNT #118-1g61-SS4-60.23
GRANT AMOUNT INCLUDES CONTINGENCY.
(Example: Recommend approval with funding from Special Events Account
No. 001-3333-555-44.55). re- ~
Department Head Signature: ~~ ./- ~~
. I
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: ~/ NO (
Funding alternatives: ~ apPlica~
Account No. &: Descr~tiof.3 {t:Z3qJ?~-sS4 . eo-7-~ 'SIN& ~~
Account Balance: J1 tjq
City Manager Review:
Approved for agenda: €i1 NO M
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
.
I
MEMORANDUM
TO: David T. Harden, City Manager
THROUG~Obert A. Barcinski, Assistant City Manager
dministrative Services
FROM: Ted Glas, Purchasing Officer -*
DATE: February 19, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 26, 1991 - BID AWARD - BID #91-31
HOUSING REHABILITATION PROGRAM
Item Before City Commission:
City Commission is requested to award contracts to low bidders,
M.A.S.C.O. and Henry Haywood, for three (3) rehabilitation projects
total~1,710.20. Per the ~dget Office, funding is
from: - '160 -554. (90- 2~ ( 01) ~ 1 !\V''51 1<.~AB
) .
Background:
The Community Development Division handles and processes their formal
bids on housing rehabilitation.
Purchasing's review of Bid #91-31 finds it to be in compliance with City
purchasing procedures. Low bidders are, as follows:
Property Contractor Amount *
135 NW 6th Avenue M.A.S.C.O. $14,269.50
707 S.W. 9th Court Henry Haywood 14,148.75
602 S.W. 4th Street Henry Haywood 13,291.95
*(Includes 5% Contingency)
Recommendation:
Staff recommends award to low bidders as stated above, for a total cost
of $41, 71 0 . 20. Funding as outlined above.
Attachments:
Memorandum from Community Development
Bid Information Sheets
pc Lula Butler
<6\-\. ~
'" .
.
M E M 0 RAN DUM
/
TO: DAVID HARDEN, CITY MANAGER
FROM: DOROTHY ELLINGTON, COMMUNITY DEVELOPMENT, COORDINATOR (jJ{
THRU: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT
DATE: FEBRUARY 12, 1991
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES
HOUSING REHABILITATION GRANT AWARDS
According to the City of Delray Beach, Community Development
Division's approved Statement of Policies and Procedures,
we are hereby requesting City Commission approval of three ( 3 )
Housing Rehabilitation Grant Awards. The grant amount is based
on the actual cost of the rehabilitation as determined by the low
bidder, plus a 5% contingency. The contingency may be used for
change orders. All unused funds will remain with the Housing
Rehabilitation grant program.
Inspection of work will be done by the City's Building and
Inspection Department and the Community Development Division.
Rehabilitation contracts will be awarded to the low bidder.
Contracts will be executed between the building contractor and
the property owner. The City remains the agent and this office
will monitor all work performed by the contractor and will ensure
compliance according to specifications and program guidelines.
Pay Request forms will require both contractor and homeowner's
signatures. Grant recipients have met all eligibility
requirements as specified in the approved Policies and
Procedures. The rehabilitation activity will bring the
homes to minimum code requirements by repairing roofs, electric
and plumbing systems and correcting other incipient code
violations.
Detailed work write-ups and individual case file are available
for review at the Conununity Development Division Office. The
Contract Award and Bid SUITUnary sheets are attached for your
reference.
Housing Rehab Grant Awards are requested for the following:
Case# Address Grant Amount
89-022HR 135 N.W. 6TH AVE. $14,269.50
88-030HR 707 S.W. 9TH CT. $14,148.75
89-017HR 602 S.W. 4TH ST. $13,291.95
HR2
.
.
/-
I
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 91-2.!..
APPLICANT: LILLIE M. LEVERETT
APPLICATION #: RQ-OnHR
PROJECT ADDRESS: 135 NORTHWEST 6TH AVENUE
DATE OF BID LETTERS: JANUARY 28 , 1991
DATE OF BID OPENING: FEBRUARY 7 , 1991
NAME OF CONTRACTORS AHOUNT OF BID
ABISSET CORPORATION $ 14,850.00
B & JR CONSTRUCTION $ 18,000.00
CSB CONSTRUCTION, INC. $
..
G. R. E. 1. CONSTRUCTION $
HENRY L. HAYWOOD $
HMP BUILDERS, INC. $
INTERCONTINENTAL CONSTRUCTION CORP $
M. A. S. C. 0 . $ 13,590.00
MJD CONSTRUCTION SERVICES $ 14.685.00
MSL CONSTRUCTION, INC. $ 16.397.00
PHILLIP GARY PURR C/O GAMZO, INC. $ 14.020.00
T. H. Y. CONSTRUCTION, INC. $
IN - HOUSE ESTIMATE: $14.125.00
CONTRACTOR AWARDED CONTRACT: H.A.S.C.O.
BID/CONTRACT AMOUNT: $13,590.00
COMMENTS: LOW BID
BIDFORH/PGl
.
.
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 91- 31
APPLICANT: ROSE IVY
APPLICATION #: 88-030HR
PROJECT ADDRESS: 707 SOUTHWEST 9TH COURT
DATE OF BID LETTERS: JANUARY 28, 1991
DATE OF BID OPENING: FEBRUARY 7, 1991
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $15,540.00
B & JR CONSTRUCTION $17,870.00
CSB CONSTRUCTION, INC. $ NO BID
G. R. E. I. CONSTRUCTION $
HENRY L. HAYWOOD $13,475.00
HMP BUILDERS, INC. $
INTERCONTINENTAL CONSTRUCTION CORP $
M. A. S. C. 0 . $16,490.00
MJD CONSTRUCTION SERVICES $16,478.00
MSL CONSTRUCTION, INC. $No BID
PHILLIP GARY PURR C/O GAMZO, INC. $16.505.00
T. H. Y. CONSTRUCTION, INC. $
IN - HOUSE ESTIMATE: $ 16,340.00
CONTRACTOR AWARDED CONTRACT: HENRY HAYWOOD
BID/CONTRACT AMOUNT: $ 13.475.00
COMMENTS: LOW BID
BIDFORM/PGl
" .
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
BID INFORMATION SHEET
BID #: 91--1L
APPLICANT: WILEY & CLYDIA GRICE
APPLICATION #: 89-017HR
PROJECT ADDRESS: 602 SOUTHWEST 4TH STREET
DATE OF BID LETTERS: JANUARY 28. 1991
DATE OF BID OPENING: FEBRUARY 7. 1991
NAME OF CONTRACTORS AMOUNT OF BID
ABISSET CORPORATION $ 15,705.00
B & JR CONSTRUCTION $ 18,800.00
CSB CONSTRUCTION, INC. $ 17,940.00
G. R. E. 1. CONSTRUCTION $
HENRY L. HAYWOOD $ 12,659.00
HMP BUILDERS, INC. $ 17,708.00
INTERCONTINENTAL CONSTRUCTION CORP $
M. A. S. C. o . $ 16,085.00
MJD CONSTRUCTION SERVICES $ 15,481.00
MSL CONSTRUCTION, INC. $ 16,966.00
PHILLIP GARY PURR C/O GAMZO, INC. $ 15,310.00
T. H. Y. CONSTRUCTION, INC. $
IN - HOUSE ESTIMATE: $ 16,830.00
CONTRACTOR AWARDED CONTRACT: HENRY HAYWOOD
BID/CONTRACT AMOUNT: $12,659.00
COMMENTS: LOW BID
BIDFORM/PGl
,
-
Agenda I tem No, :
AGElJDA REQUEST
Date: Feb. 19. 1991
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: Feb. 26, 1991
Description of agenda item (who, what, where, how much): Bid Award -
Compactor Truck for Parks & Recreation Department Bid 1191-21
ORDlHABCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Award to low bidder, Solid Waste & Recovery Systems, Inc.
R~ R tn~al cost of $27.778.
q;)J ~6R/' f.tJ
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget D~~or. Review (required on all iteas involving expenditure
of funds): ;"' '7tc~ ;'ftjf/
Fun ing available: ~/ NO (if applicable)
Funding alternatives:
Account No. & Description: f)/J/- 4/:3/- 57';?~ t~. i''/
Account Balance: /I ~~/J/)O ~b"'lh. I"d~ ;;),'v',J,rC~
City Manager Review: J/~
Approved for agenda: BI NO p1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
.
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH: Robert A. Barcinski, Assistant City Manager
Administrative Services
FROM: Ted Glas, Purchasing Officer (Iff
DATE: February 19, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 26, 1991 - BID AWARD - BID #91-21
COMPACTOR TRUCK FOR PARKS DEPARTMENT
Item Before City Commission:
City Commission is requested to award bid to low bidder, Solid Waste &
Recovery Systems, Inc., for one (1) compactor truck, at a total cost of
$27,778. Per the Budget Office, fun~ing is from: 1)0 /- 1./1.$/- ~ 7;;- ~f).f'J
(f 1IId, 'f 'fu-. &ds De,;:, .'0,..) - ,;~!.: " i "-, ) . t.I:.<-('~
Background:
Funds were allocated in the FY90-91 budget to purchase one (1) compactor
truck for the Parks & Recreation Department. A total of $40,000. was
budgeted for this purchase.
Bids for this item were received on February 11, 1991 from nine (9)
vendors, all in accordance with City purchasing procedures. (Bid #91-21.
Documentation on file in the Purchasing Office.) A tabulation of bids is
attached for your review.
The Fleet Manager and Director of Parks & Recreation have reviewed and
recommend this purchase.
Recommendation:
Staff recommends award of one (1) compactor truck to low bidder, Solid
Waste & Recovery Systems, Inc., at a total cost of $27,778. Funding as
stated above.
Attachments:
Tabulation of Bids
Recommendation from Director of Parks
pc Joe Weldon
'6\-\ .~
," "".\
.
MEMORANDUM
TO: Ted Glas
Purchasing Officer
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Bid #91-21 Compactor Truck
DATE: February 15, 1991
On February 11, 1991 Bid 191-21 was opened for a compactor truck
for the Parks and Recreation Department. There were nine ( 9 )
bidders with the apparent low bidder being Solid Waste and
Recovery System, Inc. for $27,778. Their bid meets our
specifications and I recommend the bid be awarded to Solid Waste
and Recovery Systems, Inc. in the amount of $27,778 and charged
to account #001-4131-572-60.89.
~\ ~L
~'-./.
Parks and Recreation
JW:
REF: JW04 3 91. DOC
Attachment
.
FEBRUARY 11, 1991 TABULATION OF BIOS
BID .91-21
ONE (1) NEV COMPACTOR TRUCK SIDE LOADER
VENDOR Solid Waste Nick Nicholas Nick Nicholas Municipal Municipal
& Recovery Ford Ford Sales & Sales &
Svstems Inc. Leasing Inc. Leasin2 Inc.
ONE 11) NEW
COMPACTOR TRUCK
SIDE lOADER - $ 27, 77 8. 00 $ 29,200.00 $ 29,900.00 $ 31,099.00 $ 31,351. 00
LUMP SUM
Ford/F-450 1991 Ford F 1991 Ford F- 1992 Isuzu 1991 Ford 450
BRAND I 180 HP (1991) Super Duty Super Duty NPR & Martcc and Marko -
MODEL Martco/pak- Martco 13 Martco 13 PakRat MSL 13 PakRat MSL 13
Rat MSL-13 cu. yd. * cu vrl *
90-140 90 -140 90-120 90 -120
DELIVERY TIME 95 calendar calendar calendar calendar calendar days
days davs davs days
4 yr/50,000 4 yr/50,000 One Year
WARRANTY One Year miles on miles on One Year
chassis ** l'h;:u;:sis **
* This unit * This unit
COMMENTS I is from is from Jim
EXCEPTIONS Municipal Hardee Equip
Sales & ** Ford
Leasing Inc. Chassis.
** Ford 1 yr. factory
chassis warranty.
1 yr warranty
on body.
180 H.P.
Min. Diesel
Charged
Engine, I
38 gal fuel
capacity
-
. .
.
.
FEBRUARY 11, 1991 lABUlATION OF BIDS
BID .91-21
ONE (1) NEW COMPACTOR TRUCK SIDE lOADER
VENDOR Nick Nicholas Martco Inc. Casso Metro-Tech
Ford Equipment Equipment
';:';'",c::: r~,......'
ONE (1) NEW
COMP~CTOR TRUCK $ 31,800.00 $ 33,000.00 $ 32,536.00 $ 33,542.00
SIDE lOADER -
lUMP SUM
1991 Ford F- 1991 Ford MSL 13 Pak- 1991 Ford
BRAND I Super Duty F-4S0 Cab Rat on 1991 F-4S0 .
MODEL New Way 13 cu & Chassis * Ford F-4S0 Chassis *
vd. *
90 - 140 60 - 90 45 - 60 90 - 120
DElIVERY TIME calendar days ** calendar daYE calendar
days n;:!v!':
4 yrs. 50,000 one year pne year
WARRANTY miles on parts and
Ford Chassis "" Iservice
* This unit * 1991 * with 13
COMMENTS I is from Martco Pak- !yard side
EXCEPTIONS Southland Rat MSL 13 l10ader body
Equipment ** or 20 (PackRat)
days follow- ** Mobile
ing receipt service unit
of chassis for on-site
repairs
\
Agenda I tem No. :
AGENDA REQUEST
Request to be placed on:' Da te: Fehrll;:!ry 1'). 1991
x Regular Agenda Special Agenda Workshop Agenda
When: J;'<=>hrll;:!ry ?f1. 1 qq 1
Description of agenda item (who, what, where, how much): Purchase Award -
Two Case IH 385 Tractors for the Parks & Recreation Department
ORDIHAHCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YEs/NO
Recommendation: Award to Case Power & Equipment at a total cost of $25,791.,
via Florida State Contract ,
;tJ! ~~ pt;/
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,.f'1JC-~ .:tjl'/71 .
Funding available: (YES~NO (if applicable)
Funding alternatives:
Account No. & Description: {JoJ- '113/-5'7.;1 -~,f1 b~jJ - 4uiMf.4<..:I
Account Balance: 1/ .1/ ~ ~K4 '~
City Manager Review:
Approved for agenda: @/ NO vM
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
I
.
.
MEMORANDUM
TO: David T. Harden, City Manager
THROUGH~ert A. Harcinski. Assistant City Manager
ministrative Services
FROM: Ted Glas, Purchasing Officer ~~~
DATE: February 15, 1991
SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING -
FEBRUARY 26, 1991 - PURCHASE AWARD -
TRACTORS FOR PARK DEPARTMENT
Item Before City Commission:
The City Commission is requested to award purchase of two
(2) tractors to Case Power and Equipment, at a total cost of
$25,791. Per the Budget Office, funding is from:Po./- 4/,$)-s%l-/'tJ.f1
(/Ads ..f k. - ~ D,p,.f,o,v:; ) ~
C!f~ -0 .
Background: j/f.-#'c......'J.v
Funds were allocated in the FY 90-91 budget to purchase two
(2) tractors for the Parks & Recreation Department. A total
of $30,000 was budgeted for this purchase.
Tractors are available via Florida State Contract
#765-900-90-1, per attached worksheet.
The Fleet Manager and Director of Parks & Recreation have
reviewed and recommend this purchase.
Recommendation:
Staff recommends award of two (2) tractors to Case Power
and Equipment, at a total cost of $25,791., via Florida
State Contract. Funding as outlined above.
Attachments:
Price Worksheet
Documentation on State Contract
pc Joe Weldon
'b \-\ .\0
,.,It "I"
I
.
WHEEL TRACTOR
35 HP
Unit Total
Quantity Description Price Price
2 Case IH 385 Tractor $9,999. $19,998.
2 5001 Canopy 216. 432.
2 5002 Heavy Mesh Screen 400. 800.
2 6006 Vandal Protection 300. 600.
1 6011 Front Loader 2,561. 2,561.
4 Rear Turf Tires 350. 1,400.
Total Cost $25,791.
-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # 9ft - MEETING OF FEBRUARY 26, 1991 !
REPORT OF APPEALABLE LAND USE ITEMS I
~
DATE: February 19, 1991
,
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period of )
February 11th through February 25th. The following actions were i
considered during this reporting period: 1
i
Site Plan Review and Appearance Board: i
i
for Willy's Bar and Grill. !
-Denied elevation plans t
-Approve changes to elevation at the Delray Lincoln Mercury t
site. j
-Approved elevation plans for household waste transfer I
a !
station at the Transfer Station site.
-Approved facade repainting for Ocean City Lumber.
-Approved site plan, elevation, and landscape plans for j
.
Church of God ProphecYi waived requirement for a two foot ;
dedication of alley right-of-waYi and, waived provision of a ,
I
cash bond for improvement of one-half of the alley. ~
Historic Preservation Board:
-Approved site plan approval for the Sundy Housej granted a ,
,
Certificate of Appropriateness for site plan, landscape plan
and building elevationsj and, approved the use of pea rock
for five standard parking spaces and stabilized sod for four
standard parking spaces. j
i
Planning and Zoning Board: i
.
.
J
The Planning and Zoning Board will meet on February 25th. Information
regarding action taken on items before the Planning and Zoning Board
will be forwarded to the Commission separately.
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: (JON ~MA::;:=HARTY' CITY CLERK
THRU: ~ KOVACS, D~OR
~ARTMENT OF PLANNING AND ZONING
~rrW,"- ~
FROM: JASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF FEBRUARY 19, 1991
REPORT OF APPEALABLE LAND USE ITEMS
FEBRUARY 11, 1991 THRU FEBRUARY 25, 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 February 11, 1991, through
February 25, 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
City Commission. After this meeting, the appeal period shall
expire (unless the 10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides
that the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may
file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on
the next meeting of the Commission as an appealed item.
Site Plan Review and Appearance Board meeting of February 13,
1991:
* Denied the elevation plans (addition of storefront awning)
for Willy's Bar & Grill located at 3035 South Federal
Highway within the South Delray Shopping Center.
I
.
City Commission Documentation
Report of Appealable Land Use Items
February 11 through February 25, 1991
Page 2
* Approved changes to the elevation of an existing showroom
which fronts on Dixie Highway at the Delray Lincoln Mercury
site. The change will allow conversion of the structure to a
bodylmechanical shop consisting of 10 bays.
* Approved the elevation plans for a household waste transfer
facility at the Transfer Station located at S.W. 4th Avenue,
south of Linton Boulevard.
* Approved the repainting of the building facade for the Ocean
City Lumber Hardware Store located at 213 East Atlantic
Avenue.
* Approved by a vote of 7 to 0, the site plan, elevation and
landscape plans for Church of God of Prophecy located at the
northeast corner of S. W. 4th Avenue and S.W. 4th Street.
Concurrently, the Board waived the requirement for the 2'
dedication of alley right-of-way and provision of a cash
bond for improvement of one-half of the alley.
No other appealable items.
Historic Preservation Board meetinq of February 20, 1991
* Approved by a vote of 6 to 0, a request for site plan
approval for the Sundy House to allow the conversion of a
residential use to an antique retail shop in the Old School
Square Historic Arts District. Concurrently, the Board
granted a Certificate of Appropriateness for the site plan,
landscape plan and building elevations.
In addition, the Board took several actions on various
aspects of the development proposal, namely,
The Board unanimously recommended to the City Commission,
that certain waivers be granted. Consideration of the
requested waivers will be before the City Commission as a
separate agenda item.
The Board approved the use of pea rock material for five
standard parking spaces and the use of stabilized sod for
the remaining four parking spaces.
No other appealable items.
Planninq and Zoninq Board meetinq of February 25, 1991:
The items scheduled for consideration by the Planning and Zoning
Board either will be forwarded to the City Commission as
separate agenda items.
.
.
City Commission Documentation
Report of Appealable Land Use Items
February 11 through February 25, 1991
Page 3
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachments: Location Maps
JA/#51/APP.TXT
'lIt
/ /' PLAlA I
.-/ ~'-7'u -~----
/ J /
. ." BK.42,PG 60
.I ,... "'17'& ""'S "
BOULEVARD --
DELRAY
STATION
LAVER'S OELR4Y
R AC OUET CUJB
ADD 1 TlON
BK4l, PG.1I2,1l3
WENT~N .. ...
..
VILLAGE .. ... .
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. ~,
- - ~ ... I ,..,
- - -'- .
FALLS O'
PALMS OELRA~
OF .. 46."G ...
OELRAY
(55-1&11
81( 29 - PG 20
WILLL Y S BAR & GRILL
AT THE ,..
SOUTH DELRAY SHOPPING CENTER
-.
T20PIF "
... 15LC
'.' ~ IJAPBnR /
.
5- ~p-';
CCMMLNI C~
CENTER : h-
>------, >--
5'2
OCEAN CITY LUMBER
HARDWARE STORE
"
\4. '% 11 4... ,t , '-.,. : ,.... _ _0... ~,. ......./Z "'V 11..... t I 5
I ~6--:-' ~I}--;::; . ~ !. \"f ~1'r!"' ~~) .~. , ! T<Y "~, ~ ~ ,
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-..J. .': . , ,~. . ~." , ." ~ : S E '
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,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ,~
SUBJECT: AGENDA ITEM # CfL3 - MEETING OF FEBRUARY 26, 1991
RECONSIDERATION OF APPEALjDELRAY PARK OF COMMERCE
DATE: February 19, 1991
At your January 29th meeting the Commission considered a request for
appeal of a Planning and Zoning Board action pertaining to a Master
Plan Modification for the Delray Park of Commerce. At that time new
information was presented and this item was remanded back to the
Planning and Zoning Board with direction to expedite review of the new
information. Because of time limits involved in processing this
request, it is being placed on the Commission agenda prior to formal
Planning and Zoning Board action which will occur on Monday, February
25th. A recommendation will be brought forward at your Tuesday
evening meeting.
The Planning and Zoning Board at their December 17th meeting, reviewed
the request for modification of the Planned Commerce Center (PCC)
Master Plan for the Delray Park of Commerce located in the northeast
corner of the intersection of Congress Avenue and Lake Ida Road, and
unanimously denied the request without prejudice. The modification
request included an amendment of the Master Development Plan to change
the use on Tract R2 from "Office Center" to "Light Industrial" and to
amend the concept site plan to provide for three development phases on
Tract R. Tract R1, to be developed in phase three, would remain
Retaili Tract R2, to be developed in phases one and two, would become
Light Industrial and consist of three buildings.
The proposed Conceptual Site Plan modification which provides for
three different sites within Tract R is not consistent with the
overall design and concept of the Delray Park of Commerce. While this
incompatibility might be mitigated by specific design criteria, no
such criteria was included in the modification request. Additionally,
there has been a significant problem in obtaining proper legal
documents normally required for a submission and in obtaining adequate
exhibits. It should be noted that a full site plan has not been
submitted- we are dealing only with the conceptual plan.
Additionally, letters of agency have not been received from the owner
of a portion of Tract R.
While the Planning and Zoning Board, along with staff, are receptive
to the requested change in land use designation, both desire that
mitigating measures be assured with respect to character of the
development with particular attention to the elevations which face
Lake Ida Road and Congress Avenue. It is also appropriate that the
conceptual site plan show development of Tract R without a stand alone
retail use. Therefore, it is recommended that the portion of Tract R
identified for retail use, be combined with Tract N for a unified
retail development. Also, the conceptual site plan should be very
specific as to the manner in which protection will be afforded to the
Slash Pine stand.
.
I
AGENDA REPORT
Meeting of 2/26/91
A detailed staff memorandum is attached as backup material for this
item.
- 2 -
I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: cJSON MACG.REGOR-HARTY, CITY CLERK
.~j~u
FROM: DA ID J. KOVACS, DI~R
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 26, 1991
RECONSIDERATION OF APPEAL OF PLANNING AND ZONING BOARD
ACTION PERTAINING TO MASTER PLAN MODIFICATIONS TO THE
DELRAY PARK OF COMMERCE (PCC)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
reversal of a previous Planning and Zoning Board action of
DENIAL of a proposed modification to the Master Development
Plan for the Delray Park of Commerce.
BACKGROUND:
This item was before the Commission at its meeting of January 29,
at which time new information was presented and the Commission
remanded the item back to the Planning and Zoning Board with
direction to expedite review of the new information and to have
the Board consider the request at its February meeting.
The next day, we met with the applicant and his new attorney.
Information needs were identified and a time frame for fast-track
processing was laid out. Additional information was provided by
the applicant pursuant to that schedule. Please refer to the
Planning and Zoning Board staff report for a commentary on the
adequacy of the submittal.
Please refer to the previous Planning and Zoning Board staff
report for background pertaining to the events and happenings
which surround this project. Please review the most recent
(2/2S) Planning and Zoning Board staff report (copy attached)
regarding the revised submittal. Note that the staff
recommendation remains DENIAL of the information as submitted.
PLANNING AND ZONING BOARD CONSIDERATION:
Because time is of the essence and the expressed desire of the
City Commission to act quickly on this item, reconsideration has
been placed on this agenda even though the Planning and Zoning
Board will not review the revised material until Monday, February
25th.
I
City Commission Documentation
Reconsideration of Appeal of P&Z Board Action Pertaining to
Master Plan Modifications to the Delray Park of Commerce (PCC)
Page 2
RECOMMENDED ACTION:
By motion, support of the Planning and Zoning Board
recommendation/position.
Attachment:
* P&Z Staff Report & Documentation of February 25, 1991
DJK/#79/CCPOC.TXT
.
I
JL~N;I NG 8. ZON 1 NG BOARD
... - -- STAFF REPORT - --
., I TY OF OELRAY BEACH
MEET I NG o:lTE: FEBRUARY 25 J 1991
AGEf\O=l ITEM: IV. A.
I
i CONSIDERATION OF NEW INFORMATION PERTAINING TO A MODIFICATION TO THE MASTER
r TEM: DEVELOPMENT PLAN FOR DELRAY PARK OF COMMERCE PERTAINING TO TRACT R (REFERRAL
FROM THE CITY COMMISSION)
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3ENERAL DATA:. :
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . Ropa 1, LTD
Agent...... .......... ... .... ... .Bob Fetrow, Gator Engineering
Location.................. ..... .Northeast corner of Lake Ida Road
and Congress Avenue
Property Size...................4.4 Acres (Tract R-2)
City Land Use Plan..............Commerce
Park of Commerce Designation....Office
Proposed Designation............lndustrial
City Zoning.....................Pcc (Planned Commerce Center)
Adjacent Zoning.................North. East. and South of the
subject property are zoned pec,
West is zoned POC (Planned Office
Center) .
Existing Land Use...............Vacant Land
Proposed Land Use...............Light Industrial Uses
Water Service...................Existing along Park of Commerce
Drive .
Sewer Service.................. .Existing along Park of Commerce JOlt~
.
I
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
TO: PLANNING AND ZONING BOARD CITY OF DELRAY BEACH
FROM: JANET MEEKS, PLANNER II
SUBJECT: AGENDA ITEM IV.A REGULAR MEETING OF FEBRUARY 25, 1991,
RECONSIDERATION OF A MODIFICATION TO THE MASTER DEVELOPMENT
PLAN FOR THE DELRAY PARK OF COMMERCE (PCC).
ITEM BEFORE THE BOARD:
The item before the Board is reconsideration of a Modification to
the Master Development Plan for the Delray Park of Commerce. The
project is located at the northeast corner of Congress Avenue and
Lake Ida Road.
The item has been remanded back to the Board by the City
Commission to review a revised Master Development Plan and
Conceptual Site Plan.
BACKGROUND:
A modification to a PCC Master Plan requires a new Land Development
Plan (use allocation) and Conceptual Site Plan. These two items were
before the Planning and Zoning Board on December 17, 1990, at which
time they were denied.
An appeal was filed pursuant to LDR 2.4.7{E){1) to the City Commission
to reverse the Planning and Zoning Board decision. At its meeting of
January 29, 1991, the applicant stated that "the application submitted
can readily be cured by appropriate conditions that can be imposed as
a part of the approval process. We understand that Tract R in the
Park of Commerce must be replatted and would request that approval be
conditioned upon replatting, protection of the Slash Pine stand, and
obscuring of the proposed loading dock."
This item was remanded back to the Planning and Zoning Board for
reconsideration of the proposed development with the anticipation that
mitigation measureslcriteria were incorporated into the revised
documents.
The item now before the Board is that of making a recommendation to
the City Commission on the Modification to the Land Use Plan and the
revised Conceptual Site Plan for the Delray Park of Commerce - Tract
R. Please refer to the previous (12/17) staff report for further
background.
.
I
P&Z Staff Report
Modification to a Master DevelopmentlSite Plan
Page 2
PROJECT DESCRIPTION:
The applicant submitted revised documents on February 4th, which is
the basis of this review. The previous development proposal was to
subdivide Tract R into 3 stand alone parcels. The northern portion of
Tract R to be Retail and the 2 southern parcels to be Light
Industrial.
The revised development plan indicates that the northern portion of
Tract R to be incorporated into Tract N2 by deleting the proposed
subdivision line and is reflected as such in the site data. However, a
reference to Tract R (phase 3) remains. It should be deleted.
The Conceptual Site Plan was modified by moving the building closer to
Commerce Boulevard, thus reducing the number of Slash Pines to be
removed. The building was reduced from 15,353 sq. ft. to 14,500 sq.ft..
The required number of parking spaces is 44, however 53 have been
provided. Points of ingresslegress remain the same. The loading
dock has been recessed into the building to alleviate the dock facing
Commerce Boulevard right-of-way.
ADEQUACY OF SUBMITTAL:
After the City Commission meeting, the applicant and his attorney
requested a meeting. At that time additional information needs were
identified and a time frame for fast-track processing was laid out.
Per the previous submittal, the land use allocation data was
incorrect, no narrative was provided per the PCC requirement, and some
additional legal documentation was required.
The narrative provided (copy attached) with this submittal still does
not meet the intent of the Code. The narrative should outline how the
intent of the Delray Park of Commerce is being maintained, the changes
in land use allocations, and a comparison of the allocations to those
allowed per the PCC District regulations.
The narrative stated that Ropal, Ltd. intends to preserve the Pines as
set forth on their portion of Tract R in conformance with the enclosed
Master Land Use Plan and Master Conceptual Plan, and Mr. Gladstone
(northern portion of Tract R) intends to protect and preserve as much
of the pines as can be afforded when the tract is developed. However,
no mitigation or preservation of the pines is conveyed on the plans.
The Master Land Use Plan still indicates Tract R - Phase 3 and should
be eliminated from the plans (see staff sketch). The Conceptual Site
Plan still indicates a building on Phase 3 and no indication for the
preservation of the Pines. The building should be eliminated and the
Pines defined as preserve area (see staff sketch).
.
I
P&Z Staff Report
Modification to a Master Development/Site Plan
Page 3
In order to accommodate the applicants request of "fast-tracking", the
item has been brought before the Board even though we deem it as an
inadequate submittal.
GENERAL ANALYSIS:
The Planning and Zoning Board denied the earlier modifications based
on the following:
1. Without specific mitigation measureslcriteria, the location of
industrial use on Tract R is incompatible with the character of
the Park and the City. The Board also noted that the south and
west building elevations did not convey an office image;
2. That the maximum effort has not been made to protect the slash
Pine standi
3. That the development of Tract R with three or more buildings is
not consistent with the Park's concept.
The revised plans address the above as follows:
Buildinq Elevations Analysis:
One way in which to mitigate the Industrial use on Tract R, is to
revise the elevations to convey an office image. The revised plans
show an additional row of windows added to the west elevations and the
corners of the building are rounded. The south elevation remains the
same. The elevations still appear to have an industrial look. In
discussion with the applicant, he felt the existence of the Slash
Pines mitigated aesthetic impacts to the west. However, it is noted
that many more pines than anticipated by the owner may need to be
removed to accommodate the project (see next section).
Slash Pine Analysis:
Within Tract R there are a total of 67 trees, 24 of which are located
in Phase 3 (retail). Forty-three (43) of the trees are located in
Phase 1, of those 43 trees, 14 are indicated to be removed. However,
an additional 18 are anticipated, by staff, to die due to construction
and a possibility of more over time. Therefore, only 11 trees
realistically will remain on site after construction.
Tract R: Phase 1 Phase 2 Phase 3 Total
Existing Trees 43 0 24* 67
Trees to be removed 14 0 0 14
Trees to Remain 29 0 24* 53
(per applicant)
.
.
P&Z Staff Report
Modification to a Master Development/site Plan
Page 4
Trees anticipated to die 18 0 0 18
due to construction
Trees to remain (staff) 11 0 24* 35
* In their letter of February 4, Ropal states that it is the owner
of of "Phase 3" site to retain as much of the Slash Pines as
possible.
The previous submittal would have removed all Slash Pines from Phase
1. Some attempt has been made to save the trees with the redesign.
However, the overall approval for the park was conditioned with the
following statement "that the Developers of Tract R be sensitive to
the existing stand of Slash Pines, and that every effort be made to
preserve and protect this important stand of trees to the maximum
extent possible." This condition has not been met with the current
submittal.
Subdivision of the parcels:
Although the Use plan shows N2 and the north portion of R combined,
the development proposal has not changed in that Tract R is to be
subdivided into 3 parcels. It has been reported that the owner of
Tract N2 does not wish to commit to the creation of a single lot at
this time. Once subdivided, Phase 3 becomes unbuildable. It is
appropriate to require that when Tract N2 is platted, Phase 3 be
incorporate into N2, along with a restriction that an additional
building can not be constructed on the property. This would also
insure that all the Slash Pines be retained on site. In conjunction
with N2, this parcel lends itself to overflow parking. The conceptual
site plan needs to reflect the Phase 3 area as parking and tree
preservation only.
COMMENT/ASsEsSMENT:
It appears that the applicant has created their own hardship by the
manner in which they are subdividing the southern portion of the site.
The proposed property line limits the way in which the site may be
designed. It forces the building layout on the site, instead of
designing the building to fit the site.
The appeal offered that approval be granted and conditioned upon
replatting, protection of the Slash Pine Stand, and obscuring of the
proposed loading dock. The real problem with the appeal was no real
definition of "protection" of the Slash Pine stand was stated or
implemented with resubmittal. The revised Conceptual Site Plan shows
a significant number of the pines being destroyed and nearly complete
disruption of the habitat. Also, the revised set of documents do not
address the number of buildings. The free standing retail use on the
north portion is still indicated on the conceptual site plan. The
." .
.
p&2 Staff Report
Modification to a Master DevelopmentlSite Plan
Page 5
character of the industrial building elevations have not significantly
changed as they relate to Congress Avenue and Lake Ida Road.
A full site plan was submitted along with this request. The landscape
plans do ~ot provide for any mitigation measures to save the balance
of existing trees.
In light of the above, the resubmittal does not address the concerns
that the Board previously had.
Alternative site plans:
There are several alternatives which could make this project
compatible and harmonious to adjacent property and the City as a whole
if the land use allocation was approved for Light Industrial.
The Board could approve the land use allocation with one of the
following concepts as it relates to the site plan:
1. That the two buildings be located on the southern portion of the
property (sketch attached) , tieing the two buildings together
architecturally providing for an office image. This would allow
for the preservation of the entire Slash Pine stand. Or;
2. That the attendant site plan be revised to reflect relocating the
loading bay to the south side and incorporate it into the parking
area. There are 9 additional parking spaces which could be
deleted to accommodate the loading bay in this area. Additional
Slash Pines could be saved.
Along with this scenario, a revised landscape plan be submitted
which insures that proper mitigation measures have been provided
for the Slash Pines; ie. retaining walls, proper protection of
the existing trees through the construction phase, possibly
lowering the finish floor elevation (only if it meets drainage
criteria) to alleviate the fill situation, the balance of the
Slash Pines be left in a natural state ie. no additional sod or
irrigation, and revegetation of the site with Slash Pines. Or;
3. Revise the footprint of the building to fit the site and modify
the parking area (sketch attached). All of the Slash Pines could
be saved, with the mitigation measures addressed above shown on
the landscape plan.
Alternatives 2 and 3 above, would still allow the parcels to be
subdivided with no continuity between the two proposed parcels, except
with the possibility of the buildings having the same architectural
details.
.
I
P&Z Staff Report
Modification to a Master Developmentlsite Plan
Page 6
ALTERNATIVE ACTIONS:
l. Continue with direction.
2. Deny the request to modify the Land Development Plan and the
Conceptual Site Plan based on the failure to make a positive
finding with respect to compatibility, and the failure to be
sensitive to the existing Slash Pines in that no significant
effort has been made to preserve and protect the trees.
3. Approve the modification to the Land Development Plan either by:
a. Per the request
b. Per the staff suggestion of incorporating Tract R, Phase 3
into Tract N2, with the stipulations that no structure may
be built on the former Tract R1 a~d, that the slash pines be
preserved;
but deny the modification to the Conceptual Site plan.
4. Approve the modification to the Land Development Plan and approve
the Conceptual Site Plan with one of the options under
Alternative Site Plans with following conditions: (This
alternative can only be considered with a change in the
application by the applicant).
a. Replat of N2 incorporating Phase 3 with the restriction that
no structure be built on that site, and that 100% of the
Slash Pines be retained on site. Modify the Land
Development Plan, by removing the reference to Tract R -
Phase 3.
b. That proper mitigation measures for the Slash Pines be
incorporated into the final landscape plans (Tract R).
c. That the elevations facing Congress Avenue and Lake Ida Road
provide for an office image (approval of elevations rests
wi th sPRAB).
d. That the following legal documentation be provided prior to
City Commission Approval,
l. Certification of ownership for that portion of "Tract
R" per warranty deed recorded in ORB 6291 page 1956,
2 . Designation of agency under the signature of the owners
of record for Tract R (for the purpose of modifying the
conceptual site plan and for the site specific
development plan for Jora) should be revised to include
Barbara Metsch
I
P&Z Staff Report
Modification to a Master Development/Site Plan
Page 7
RECOMMENDED ACTION:
Unless there are changes to the application with respect to
accommodating Alternative Action #4, the modification requests should
be denied.
Attachments: Narrative from Ropal, Land Development Plan, Conceptual
Site Plan, Site Plan, Proposed Sketch Plans (by staff), Elevations
REF:#3/A:DelrayR2.TXT
," .
~elzay !YktA 0/ ~~
OUJ-?UM ~I $u;.
) 300 Pork of Commi:rce Blvd., Sui Ie ) 6)
ICoogr~ Averve allale Ida Rood)
Delroy Beach, Flocida 33445
1407) 265{)Q()()
fAX: 736-6342
February 4, 1991
Mr. David Kovacs
Director of Planning , Zoning
city of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Re: Narrative for Revised Master Land Use Plan
for Tract R at Delray Park of Commerce
Dear Mr. Kovacs:
This letter is being sent to you on behalf of the Delray Park of
Commerce Owners Association, Inc.
As you well know, Ropal, Ltd. desires to alter the Master Devel-
opment Plan, specifically, the redesignation of Ropal's portion
of Tract R from office to light industrial. The basis for the
change is that the current market conditions and foreseeable
market demands in the near future indicate that there is limited
..
demand for office space. However, in these economic times, there
still appears to be a demand for light industrial. Specifically,
Ropal, Ltd. has a customer who is interested in developing a
Micro-Chip facility on Ropal's portion on Tract R.
The impact of the Land Use Modification falls within the PCC
regulations for the City of Delray Beach. (Please see .Zoning
Staff report.) Furthermore, the Micro-Chip facility shall be a
welcomed addition to the Delray Park of Commerce, in that the
facility will be of a quality nature, with similarities of an
office building (please see enclosed site plans).
Please further note that the comparison table of existing land
uses, desired land uses and allowable land uses are set forth in
staff reports as well as on the enclosed revised Master Conceptu-
al Plan and revised Master Land Use Plan.
.'"
.
.
Mr.. David Kovacs
February 4, 1991
.
Page 2
With the respect to the existing Slash Pines, please note that
Ropal, Ltd. intends to preserve the Pines as set forth on their
portion of Tract R in conformance with the enclosed Master Land
Use Plan and Master Conceptual Plan.
Moreover, the association has conferred with Mr. Arthur Gladstone
with respect to his ownership of Tract R and Mr. Gladstone has
advised the Association that it is his intention to protect and
preserve as much of the Pines as can be afforded when the tract
is developed.
Ropal, Ltd. has further indicated that it will allow access
between the properties belonging to Ropal, Ltd. and Arthur Glad-
stone's within Tract R. This issue shall be addressed upon the
development of Arthur Gladstone's portion of Tract R because the
access must accommodate the building use of Mr. Gladstone's
property.
Furthermore, Ropal, Ltd. has reconfigured the location of the
loading areas, so that the loading area faces a northerly direc-
tion. (Please see revised Conceptual Land Use Plans.)
Lastly, Ropal, Ltd. assures that lush landscaping will be provid-
ed at the entry ways to the Micro-Chip facility.
The Association endorses both the revised Master Land Use Plan
and the site Plan enclosed herewith subject to construction of
the Micro-Chip facility.
If we can be of any further assistance, please do not hesitate to
call.
Very truly yours,
DELRAY OWNERS ASSOCIATION, INC.
ACKNOWLEDGED AND AGREED TO:
BY: ROPAL, LTD.
BY: THE RESORT AT INDIAN SPRING, INC. ,
GENERAL PARTNER OF ROPAL, LTD.
By: ~ ~~h/
A vin Kaplan, esident
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER .~
SUBJECT: AGENDA ITEM # cr~ - MEETING OF FEBRUARY 26, 1991
WAIVERS ASSOCIATED WITH THE ADAPTIVE REUSE OF THE SUNDY
HOUSE
DATE: February 19, 1991
The Historic Preservation Board at their February 20th meeting
considered a site plan for the adaptive reuse of the Sundy House
located on South Swinton at S.W. 1st Street in the Old School Square
Historic District. The development proposal for this property
consists of converting the existing residential structure into an
antique retail shop, Concurrent with this proposal, a number of
requests for waivers were also considered. Those waivers included:
1, Request to improve alley with rock surface versus paving.
2, Relief from requirement to dedicate a 35 foot chord.
~~ Relief from dedication of seven feet of additional
right-of-way.
4. Relief from requirement to install a five foot sidewalk
along the south side of S.W. 1st Street.
5. Relief from installing protective landscape curbing in
the parking lot area,
The Historic Preservation Board unanimously recommends approval of the
waivers, Staff, however, has expressed some reservations to granting
the waivers. A detailed staff memo is attached as backup material for
this item, I am also attempting to verify the applicability of the
County dedication requirements prior to the Commission meeting.
'I~ .
-
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ALISON MACGREGOR-HARTY, CITY CLERK
-;0~.~ \\~~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 26, 1991
CONSIDERATION OF WAIVER REQUESTS ASSOCIATED WITH THE
ADAPTIVE REUSE OF THE SUNDY HOUSE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of various waivers associated with the adaptive
reuse of the Sundy House, a historic structure located on
South Swinton at S. W. 1st Street in the Old School Square
Historic District.
BACKGROUND:
The Sundy house is being converted from a residence to an antlque
establishment. This change of use requires site plan approval.
The site plan was before the Historic Preservation Board on
February 20th at which time it was approved.
Attendant to the approval there were recommendations for various
waivers. The waiver requests and the Boards recommendatio!ls are
as follows: (The underlined material describes the waiver item;
references are to page numbers of the staff report; the bold
depicts the HPB recommendation; following is the staff position)
For each of the waivers, the stated basis in the recommending
motion was that they vlere based upon "The historic significance
of the property and how it sites on the landscape".
1- That the alley be improved with a rock surface versus
paving. (p 2&3) HPB recommended granting the waiver based
on a position that alleys in historic districts should not
be paved. It is understood that the owner intends to use
pearock as the surface material. The City Engineer's
position is that the alley is to be paved.
2. That dedication of a 35 ft chord at the northeast corner of
the property not be required. (p3) HPB recommended a waiver
of the dedication requirement. The City Engineer's position
is to require the dedication to allow for the improvement of
traffic safety. ThE' dedication is required pursuant to
County requirements for a "safe corner" chord at signalized
.
City Commission Documentation
Consideration of Waiver Requests Associated with the
Adaptive reuse of the Sundy House
Page 2
intersections. The purpose of such dedications lS to
accommodate traffic slgnalization equipment. Such equipment
does exist on the northwest corner and could be relocated to
this corner and thus enhance traffic safety along Swinton.
3. That dedication of 7' of additional right-of-way along
Swinton Avenue not be required. (p3) The HPB recommended a
waiver of the dedication requirement based upon the opinion
that Swinton should not be widened. The additional
right-of-way is required in order to be consistent with the
County Thoroughfare Plan (hence our Comprehensive Plan).
Additionally, the HPB recommended that if right-of-way
dedication is required provisions be made to allow erection
of a picket fence and installation of hedging within the
dedicated area. The staff position is that since the fence
and existing vegetation is to be removed that the new
materials should be located on private property, east of the
dedicated right-of-way. Also, it seems quite appropriate to
have a groundcover area between the sidewalk and the fencing
both aesthetically and from a fence maintenance perspective.
4. That a 5' sidewalk along the souths ide of S.W. 1st Street,
adj acent to this property not be required. (p4 ) The HPB
recommended that a waiver be granted on the basis that
piecemeal installation isn't appropriate and that when the
City installs sidewalks in the area, that the property owner
should contribute to that effort. The staff position is
that the sidewalk should be installed noting that the
Neighborhoods Task Team and others have cited the lack of
sidewalks in the older portions of town being a detriment to
those neighborhoods.
5, That protective landscape curbing may not be required in the
parking lot area.(p7) The Board recommends granting of this
waiver. Staff concurs.
Please refer to the s1:-aff report for further background on the
project and the waiver issues.
RECOMMENDED ACTION:
Consideration of each waiver request and then, by motion, grant
those whichLhe City commission determines to be appropriate.
Attachment:
* HPB Staff Report & Documentation of February 20, 1991
DJK/#78/CCSUNDY.TXT
.
HIt) I UHILi J-'Ht:."t:.H V A IIUI~ DUf'\nu I
CITY, OF DELRA Y, BEACH
~EVI$C Z/tO/"
MEETING DATE FEBRUARY 20, 1991
AGENDA ITEM _ 3 STAFF REPORl
ITEM Consideration of the Site Plan. Landscape Plan, Building Elevations and
- r. n A A-167 fnr th~ ~l1n"y J.tnuc:,:a, lnr-~"'DI'I :at- ,..h,::ll Qn....hwAc... I"n"-nD'" nf ~win"'nn 4UA'1ue
and S.W. 1st Street.
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GENERALDATA
OWner........................... Louis G. Jensen
Agent...........................Howard E. McCall
Location........................Southwest corner of Southwest 1st
Street and South Swinton Avenue.
Property Size.................. .0.462 Acres
City Land Use Plan..............Hedium Density 5-12 du/acre.
City Zoning.....................OSSHAD (Old School Square
Historic Arts District)
Adjacent Zoning.................The subject property is bounded
on all sides by land zoned OSSHAD
(Old School Square Historic Arts
District) .
Existing Land Use...............Residential
Proposed Land Use...............Retail (antique shop)
Water Service...................2.. water main along Southeast 1st
Street and a 10" water main along
Swinton Avenue.
Sewer Service...................S.. sanitary sewer along alley
\o'i thin block 62. ITEM. 3
.
ITEM BEFORE THE BOARD:
The item before the Board is that of approval of a site plan,
landscape plan, building elevations and a C.O.A. (Certificate of
Appropriateness) for the Sundy House. The subject property is
located at the southwest corner of Swinton Avenue and S.W. 1st
street.
BACKGROUND:
The subject property is located within the Old School Square
Historic District and is zoned OSSHAD (Old School Square Historic
Arts District). The single family dwelling was constructed in 1902
and the garage was constructed c. 1933.
Pursuant to Section 4.4.24(E)(3), for new development within the
OSSHAD, approval of a site plan must be granted from the Historic
Preservation Board. Sign details have not been provided. The
details will require review and approval of a Certificate of
Appropriateness by the Historic Preservation Board, prior to
issuance of a sign permit.
DEVELOPMENT PROPOSAL:
The development proposal encompasses Lots 9 and lO, Block 62, Town
of Linton subdivision. The proposal is to convert a single family
dwelling into an antique shop. Ten (10) parking spaces are proposed
adajcent to the alley, which is currently unimproved. In addition,
the proposal includes improving the alley with a rock surface.
SITE PLAN AND LANDSCAPE PLAN ANALYSIS:
Pursuant to Section 3.1.1 of the Land Development Regulations, prior
to approval of development applications, certain findings must be
made in a form which is part of the official record. This may be
achieved through information on the application, the staff report,
or minutes. Findings shall be made by the Board to approve or deny
the development application. These findings relate to the following
four areas:
Future Land Use Map: (The resulting use of land and structures must
be allowed in the zoning district and the zoning district must be
consistent with the land use designation).
The subject property has a Land Use Plan designation of Medium
Density Residential 5-12 dwelling units/acre and an OS SHAD (Old
School Square Historic Arts District) zoning designation. When the
OSSHAD zone district was being adopted, the land use plan was
inadvertently not amended to accomodate the mixed uses that were
allowed within the OSSHAD zone district. A correction to the land
use plan has been initiated by Staff to change the Transitional and
Medium Density Residential land use plan designations throughout the
OSSHAD zone district to the Mixed Use land use designation. The
correction will be included in Comprehensive Plan Amendment 91-1,
which is scheduled for the April 15th Planning and Zoning Board
I
Historic Preservation Board Staff Report
Sundy House - Site Plan Approval
Page 2
Regular Meeting/Public Hearing. Additionally, the site is included
within the Old School Square Historic Designation on the Future Land
Use Map. Therefore, the mixed use concept is clearly intended to be
accommodated. In light of the above, it is appropriate for the
Historic Preservation Board to make a positive finding that the
proposed use is consistent.
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.
Water:
Water service is provided via an existing 10" water main located
along the east side Swinton Avenue. Fire suppression is provided
via an exisitng fire hydrant located at the southeast corner of
Swinton Avenue and S.E. 1st Street. No water main extension or
upgrading is required with this development proposal.
Sewer:
Sewer service is provided via an existing 8" sewer main located
within the alley to the rear of the subject property. No sewer
extension or upgrading is required with this development proposal.
Drainaqe:
Drainage is currently contained on-site. No paving and drainage
plans were provided. The proposed parking spaces must be designed
to retain drainage on-site. Adequate open space exists for on-site
retention.
Streets and Traffic:
Pursuant to Section 5.3.1(0)(2), the alley right-of-way width is
required to be 20 ft. wide, or the existing dominant width. It is
anticipated that in the future, properties located west of the
subject property (which currently parallel park in the swale of S.W.
1st Avenue and have parking in the front yards) will be required to
relocate parking to the rear yards, thus utilizing the alley for
I
Historic Preservation Board Staff Report
Sundy House - Site Plan Approval
Page 3
access to parking areas. Pursuant to Land Use Policy C-3.3 of the
Comprehensive Plan, alleys located within the Old School Square
Historic District on either side of Swinton Avenue should remain or
be made available for access to abutting properties. Based upon
that Policy and pursuant to Section 5.3.1(D)(3), 2 ft. of alley
right-of-way must be dedicated to the City of Delray Beach for
right-of-way and utility purposes.
As the alley will be used to access the parking spaces, the alley
must be paved. Pursuant to L.D.R. Section 5.3.1(E) and Capital
Improvement Policy A-4.5 of the Comprehensive Plan, the alley must
be paved from S.W. 1st Street to the south property line of the
subject property. A request has been submitted to the City
Commission to grant a waiver from improving the alley with asphalt
and that a rock surface be provided. From a maintenance perspective
and policy practice, the alley should be improved with an asphalt
surface.
An alternative which is being proposed by Staff is that improvements
to the alley and parking areas be separated into two phases. Phase
I would include paving of the alley to the south side of the
landscape island and that the parking spaces be installed as
proposed, except for those south of the paving. Phase II would
include paving the alley from the end of Phase I to the south
property line and improving the parking spaces. Improvements for
Phase II would be triggered when a determination is made that the
unimproved spaces are being overutilized (e.g. rutting and
destruction of grass).
In addition to the above, if the properties on the west side of the
alley propose to utilize the alley as access prior to the need for
Phase II, then those properties will be required to pave the Phase
II portion of the alley.
Pursuant to the Palm Beach County Thoroughfare Plan, the ultimate
right-of-way width for Swinton Avenue is to be 80 ft. The existing
right-of-way of Swinton Avenue adjacent to the property is 66 feet.
Therefore, dedication of 7 feet of right-of-way along Swinton Avenue
is required. Pursuant to the most recent County practice, the City
has been requested to take dedications along County roads by deed.
Doing so in this instance would complicate matters dealing with the
proposed fence and vegetation. Thus, it is suggested that the
County request for a deed not be imposed, but that the dedication be
made pursuant to a replat. As the 7 ft. dedication was not
identified with staff's initial review, the applicant did not
request a waiver from this requirement. It is anticipated that the
applicant will be requesting a waiver to the requirement to dedicate
7 feet.
At the northwest corner of the 1st Street/Swinton intersection,
there is equipment which creates a sight distance problem. That
equipment can be located to the southwest corner and alleviate the
problem. To do so requires dedication of a 35 ft. chord (additional
right-of-way) at the northeast corner of the site. A request for a
waiver from the requirement to ded~cate a 35 ft. chord has been
submitted.
.
.
Historic Preservation Board Staff Report
Sundy House - Site Plan Approval
Page 4
As dedications are required and the project involves two lots, it is
appropriate to require platting.
Parks and Solid Waste:
Roll-out carts are proposed versus a dumpster to contain refuse.
The proposed location of the roll-out carts is adjacent to the alley
at the northwest corner of the site. The slab for the roll-out
carts encroaches into the ultimate right-of-way of the alley. As
the alley will be paved to the ultimate right-of-way line, there is
no need for the slab to extend into the alley right-of-way. The
applicant must provide a letter from Waste Management verifying that
the use of roll-out carts is acceptable.
Consistency:
Pursuant to Section 3.3.1 (Basis for Determining Consistency), the
performance standards set forth in Section 3.3.3 (Standards for Site
Plan Actions) along with compliance to Section 2.4.5(F)(5)(General
Compatibility and Harmony with Adjacent Properties) 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 3.3.3 and other policies
which apply are as follows:
Standards for Site Plan Action
A) Building design, landscaping, and lighting shall be such that
they do not create unwarranted distractions or blockage of
visibility as it pertains to traffic circulation. (Traffic Element
C-l. 2)
The proposed landscaping will not affect visibility as it
pertains to traffic circulation.
B) Appropriate separation of travelways is made for vehicles,
bicycles and pedestrians in a manner consistent with Objective D-1
of the Traffic Element.
A 5 ft. sidewalk is required to be installed along the south
side of S.W. 1st Street and dedication of a 35 ft. chord is
required at the southwest corner of Swinton Avenue and S.W. 1st
Street. The applicant has requested waivers to both of the
above.
C) (Open Space Enhancements) Does not apply.
D) That any street widening associated with the development shall
not be detrimental upon desired character and cohesiveness of
affected residential areas. (Housing Element A-6.1)
As stated previously in the Concurrency section of this report,
it is anticipated that the properties on the west side of the
alley will utilize the alley as the primary means of access in
the future. The associated alley widening is to facilitate the
overall desires for alternative access and the desired
character of the OSSHAD zone district.
I
H~storic Preservation Board Staff Report
Sundy House - Site Plan Approval
Page 5
Pursuant to the Palm Beach County Thoroughfare Plan, the
ultimate right-of-way width of Swinton Avenue is to be 80 ft.
Dedication of 7 ft. of right-of-way along Swinton Avenue and a
35 ft. chord at the northeast corner of the site is required.
The applicant has requested a waiver from the requirement to
dedicate a 35 ft. chord. The dedications will not be
detrimental to the area.
E) (Development of vacant land consistent with adjacent
development) Does not apply.
F) (Appropriateness of future use and intensity of the
development of vacant property) Does not apply.
G) (Demographic Mixture) Does not apply.
General Compatibility with Adjacent Properties
North, south and east of the subject property are single family
residences. West are multiple family structures. Less than one
block north and east of the property is commercial. St. Paul's
Episcopal Church is located south of the subject property within the
same Block. The development proposal retains the residential
character that is sought with developments within the OSSHAD zone
district. Also, the proposal is the first commercial (retail)
venture into the OSSHAD zone district, south of South 1st Street.
It is anticipated that similar developments will occur within this
area.
As the intent of the OSSHAD zone district is to promote mixed uses
in the manner proposed, a positive finding of compatibility should
be made.
Compliance with Land Development Regulations:
Items identified in the Land Development Regulations shall
specifically be addressed by the body taking final action on a land
development application/request.
Parkinq:
Ten (10) parking spaces have been provided on-site, pursuant to Code
Section 4.6.9(C)(3)(a). Pursuant to Section 4.6.9(D)(2)(b), parking
spaces adjacent to an alley are required to be 10 ft. X 25 ft. and
the handicapped space is required to be 12 ft. X 25 ft. Revised
plans for the parking area submitted February 4th were not modified
to account for the 2 ft. dedication of alley right-of-way, therefore
the 6 northernmost parking spaces will have a depth of 23 ft. The
basis for the requirement to increase length of parking spaces
adjacent alleys was to accommodate backing-out onto the narrow
roadway typical of alleys.
Provided are two solutions: l) Move the handicapped space and the
space adjacent to it 2 ft. eastward, remove the sidewalk from the
east side of the 4 remaining spaces and increase their depth to 25
ft. ; 2) Approval, via the "adjustment" process to reduce the depth
". .
.
Historic Preservation Board Staff Report
Sundy House - Site Plan Approval
Page 6
of the parking spaces from 25 ft. to 23 ft. With the dedication of
2 ft. of alley right-of-way, there is a basis for the length
reduction of 2 ft.
The parking area is proposed to have a pea rock surface and
stabilized sod. The 5 standard parking spaces north of the
landscape island are proposed as pea rock and the parking spaces
south of the landscape island are proposed as stabilized sod.
Pursuant to Section 4.6.9(D)(B)(a), all parking lots must be paved.
However, within a historic district, parking spaces may be improved
with a surface material other than pavement(i,e, pea rock,
stabilized sod), where there are 12 or less parking spaces, subject
to approval by the Historic Preservation Board. From a maintenance
and liability perspective the use of pea rock is inappropriate for
parking spaces adjacent to an alley. Previously, when requests have
been made to allow a pea rock surface, the requests have been
granted. This is the first request to allow stabilized sod in the
manner proposed. Staff recommends that if the Board grants approval
for the use of stabilized sod, that a condition be imposed to
improve the parking spaces with pea rock if over utilization occurs
(i.e. rutting and destruction of grass).
Setbacks:
Pursuant to Section 4.3.4(K), within the OSSHAD zone district the
required side building setback adjacent to a street is 15 feet. The
existing garage encroaches approximately 1.5 feet into the S.W. 1st
Street right-of-way. This is an existing nonconforming situation.
However, it is appropriate that a Hold Harmless Agreement be
submitted.
The proposed sign at the northeast corner of the site is indicated
as being 3 feet off the east property line. Pursuant to Section
4.6.7(E)(3)(a), the setback for a free standing sign shall be 10
feet from the ultimate right-of-way line. Details of the sign have
not been provided. Historic Preservation Board approval of a C.O.A.
for the sign is required.
There is an existing shed located approximately 2.5 ft. north of the
south property line. The development proposal indicates removal of
the shed.
Screens and Buffers:
With the dedication of 7 ft. along Swinton Avenue and the 35 ft.
chord at the northeast corner of the site, the proposed hedge and
fence will be located within the right-of-way. The hedge and fence
must be located at the edge of the ultimate right-of-way line.
TECHNICAL ITEMS:
The following are items that do not require specific action of the
Board and will be addressed with the submittal of a revised site
plan.
.
.
Historic Preservation Board Staff Report
Sundy House - Site Plan Approval
Page 7
1. Pave the handicapped parking space to the alley right-of-way
line.
2. Extend the landscape island to the alley right-of-way line.
3. Remove the portion of the pad for the roll-out carts that
encroaches into the ultimate alley right-of-way.
4. On the Site Plan and Landscape Plan, indicate Phase I and Phase
II as proposed by staff, if the phasing concept is approved.
5. Revise the landscape plan to correspond with the site plan.
6. If the sidewalk waiver request is not granted, indicate the
sidewalk on the site plan.
7. Provide an easement for the relocated utility poles.
8. Provide typical handicap space marking detail.
9. Provide typical City Standard details for paved alley and
parking spaces.
10. Relocate the sign 10 feet from the ultimate right-of-way line.
11. Locate the hedge, fence and landscaping to the ultimate
right-of-way line.
Other Items:
The applicant will be requesting a waiver to Section 4.6.16(E)(3)
(Landscape Section), that all landscape areas shall be separated
from vehicular use areas by nonmountable curbing. A waiver to this
Code Section can only be granted by the City Commission.
Pursuant to the Florida Handicapped Accessibility Requirements
Manual, the second story of a building which is used for retail or
office use by a single tenant, shall be deemed to be in compliance
and need not be accessible when the owner of the building provides
an affidavit that the building will be occupied for retail or office
use by a single tenant. The affidavit must be maintained on file
with the certificate of use and occupancy for the building. An
affidavit has not yet been provided.
Review by Others:
Community Redevelopment Aqency
The subject property is located within the City's Community
Redevelopment Area, thus requiring review of the proposal by the
C.R.A. At its meeting of January 14, 1991 the C.R.A. reviewed the
development proposal. There were no objections to the development
proposal.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER Il1!1
SUBJECT: AGENDA ITEM # q~ - MEETING OF FEBRUARY 26, 1991
DETERMINATION OF REQUIREMENTS REGARDING THE "S0UTHWERK AT
THE TABARD" PLAT
DATE: February 19, 1991
This action was initially submitted as a request for replat of Lots 13
and 14, Block 58, Metcalf's subdivision located on the northeast
corner of N.W. 1st Avenue and N.W, 2nd Street. Subsequently, it was
noted that the replat action would cause the creation of two
substandard lots. The two lots in this proposal are laid out in an
east/west configuration fronting on N.W. 1st Avenue. Both lots are
nonconforming by virtue of frontage and area. The owner has relocated
a house to this site which fronts N.W, 2nd Street. He is now seeking
replat of the existing lots to accommodate the relocated building and
to have another lot of record available for future construction of an
additional dwelling. It should be noted that construction of a single
family home is permissible on a nonconforming lot of record.
Prior to adoption of the LDRs there were no provisions to allow the
creation of nonconforming lots. However, the Commission now has the
authority to declare, at the time of approval of an associated
development application, that it is necessary and appropriate to
create such a nonconformity.
Additionally, the applicant is requesting a waiver of the sidewalk
requirements. There are no sidewalks adjacent to the lots, There is
a sidewalk along the south side of N.W. 2nd Street, The sidewalk
pattern along the east side of N,W. 1st Avenue is sporadic with no
sidewalks north of the property.
The Planning and Zoning Board is not required to review replat
applications as they go directly to the City Commission for action.
The Community Redevelopment Agency reviewed this request and supported
it, There was no focussed discussion regarding the nonconforming lot
issue, The Historic Preservation Board at their February 20th meeting
reviewed this request and supported it, A detailed staff report is
attached as backup material for this item.
Based on the action the Commission takes on these requests, a final
plat will be prepared and submitted to the Commission for final
approval.
,
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: (.MJ;S~N .MACGREGOR-HARTY, CITY CLERK
..UOWe;\,j Ka0~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 26, 1991
DETERMINATION OF REQUIREMENTS REGARDING THE "SOUTHWEK
AT THE TABARB" PLAT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of requests involving:
1 ) Allowing the creation of nonconforming lots pursuant to
authority given in Code Section 4.3.1(D); and,
2 ) Waiver of sidewalk installation along N.W. 1st Avenue
and N.W. 2nd Street (Martin Luther King, Jr. ,
Boulevard) .
The project is the resubdivision of two existing lots. It
is located at the northeast corner of the intersection of
N.W. 1st Avenue and N.W. 2nd Street.
BACKGROUND:
This is the first instance wherein a request is being made to the
City Commission for the creation of nonconforming (substandard)
lots. Prior to the adoption of the LDRs such a practice was not
allowed. The only relief available was through a variance
procedure; and, such a variance was not usually granted. The
ability to create a nonconforming lot is found in Code Section
4.3.1(D) to wit:
"No yard or lot existing at the time of the passage of this
chapter, shall be reduced in area or dimensions below the
minimum requirements set forth herein. Lots or yards
created after the effective date of this chapter shall meet
the minimum requirements established by this chapter unless
the City Commission declares at the time of approval of an
associated development application that it is necessary and
appropriate to create such a nonconformity."
In this situation there are two lots (#14 and #13 of Block 58,
Metcalf's Subdivision) which are laid out in an east/west manner
i.e, both fronting on N.W. 1st Avenue. Both lots are
nonconforming by virtue of frontage (56' vs 80') and area (6,606
and 7,399 sq. ft. vs 8,000 sq. ft. ) OSSHAD zoning applies. If
R-1A zoning applied, the existing lots would still be
nonconforming.
City Commission Documentation
Determination of Requirements Regarding
the "Southwek at the Tabarb" Plat
Page 2
When the property owner had to move a house from a redevelopment
site (northwest corner of Swinton and 1st Street) , he opted to
relocate it to this site in an orientation so that frontage would
be on N.W. 2nd Street (Martin Luther King, Jr. Boulevard) . This
is permissible and normally results in the filing of a unity of
title which, in turn, combines the two lots into a single
building site - in this case ful~conforming with a 130' frontage
and a 13,992 sq.ft. lot area (prior to dedications).
The owner wishes to replat the existing lots to accommodate the
relocated structure on a single lot and to have another lot of
record available for construction of an additional dwelling. The
resulting lots would have frontage of 66 feet and an area of
6,996 sq. ft. (prior to dedication) . Thus, they will be
nonconforming lots. Please note that it is allowed to build a
single family house on a nonconforming lot of record.
The primary purpose of the LDR change which allows creation of
nonconforming lots was to help in situations where there was a
small discrepancy be~ween lot dimensions and/or area and district
requirements. It was not specifically intended to allow
additional building sites in situations wherein, otherwise, only
a single unit could be constructed. Such an interpretation would
also be contrary to a consensus concern of the Commission
pertaining to building on substandard lots. However, in this
case there is an additional mitigating factor in that a duplex
could be constructed on the new lot and thus there could be two
dwelling units in any event.
In a separate request, the owner is seeking relief pursuant to
Section 6. 1. 3 ( C) ( 1 ) (b) , to wit:
"Waiver: Where it is clear that the sidewalk system will
not serve its intended purpose, the requirement for
sidewalks on both sides of a street may be reduced to
installation of a sidewalk along only one side of the
street, during the site plan or plat process, as
appropriate. Similarly, a complete waiver may also be
granted."
There are no sidewalks adjacent to the lots. There is a sidewalk
along the south side of Martin Luther King, Jr. Boulevard. The
sidewalk pattern along the east side of N.W. 1st Avenue is
sporadic with no sidewalks north of the property. Please refer
to the owner's letter for his basis for relief.
REVIEW BY OTHERS:
The Planning and Zoning Board has not reviewed this item. Their
review is not necessary as a repJat goes directly to the City
Commission for action (revised procedures).
.
-
City Commission Documentation
Determination of Requirements Regarding
the "Southwek at the Tabarb" Plat
Page 3
The Community Redevelopment Agency (eRA) reviewed the request and
gave their support. There was no focussed discussion regarding
the nonconforming lot issue.
The Historic Preservation Board reviewed the request at its
meeting of February 20th and supported it.
RECOMMENDED ACTION:
There is no staff recommendation put forth on the creation of
nonconforming lots in that this is the first such request to
come before the City Commission.
With respect to the sidewalk waiver, the Neighborhoods Task Team
and others consistently comment upon the lack of sidewalks in
older neighborhoods of the City; thus, the Director's position is
that sidewalk improvements should be installed.
Attachments:
* Owner's letter of February 14, 1991
* Reduction of plat
DJK/#79/CCWERK.TXT
.
,
· ~ (" f ')
. WEINER, GOLDER & ASSOCIATES, P.A.
A TTORNEYS A T LA W
The Gulfstream Building; Suite 407
1177 N,E, Eighth Street
Delray Beach, Florida 33483
MICHAEL S. WEINER South Palm Beach County: (407) 265.2666
RANDEE J. GOLDER North Palm Beach County: 1407) 736-5888
RANDI S. TOMPKINS Broward County: (305) 462-4935
Telecopler: (407) 272-6831
OF COUNSEL:
PETER J. MURRAY
February l4, 1991
HAND DELIVERY
Ms. Kathy Dearden
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, FL 33444
Re: Final plat Approval for Southwerk at the Tabard plat
Our File No.: MSWA(50)026
Dear Kathy:
With regards to the above-referenced matter and your letter to me
dated January 29, 1991, I have the following comments:
1. I am hereby making a "specific request" pursuant to
Section 4.3.l(D) that the City Commission declare that it is
necessary and appropriate to create non-conforming lots for
the above-referenced Plat. The reason for this request is
that the size of the lots cannot be altered.
2. Per Section 5.3.1(B), I will provide lO' of additional
right-of-way for N.W. 1st Avenue.
3. Per Section 5.3.1(0), I will provide 2.5' of additional
right-of-way for the alley.
4. I will correct the original lot I on the Plat to satisfy
the Environmental Services/Utilities Department.
5. I will revise the Plat per items l-6 specified by Kathy
Dearden, Planner II, in her memorandum to the TAC dated
January 15, 1991 (the "Memorandum").
6. I am requesting a waiver of Item 8 on the Memorandum.
This item requests that a five foot concrete sidewalk along
N.W. 1st Avenue and N.W. 2nd Street be installed. Presently,
there are no sidewalks along these streets and it is highly
,
. . ,""" \
.
.'MS. Kathy Dearden
Our File No.: MSWA(SO)026
February 14, 1991
Page 2
unlikely that the contiguous lots will be developed in such a
manner as to connect the requested sidewalk.
7. The Memorandum also refers to a copy of a location sketch
from Adolph's Atlas. I understand that a Letter of Approval
is requested and will provide that to you. Randi s.
Tompkins, Esq. of my office will contact you regarding this
Letter of Approval and the appropriate format for it.
Thank you for your assistance in this matter. Please inform me
when the specific request and waiver request will be heard by the
City Co ission. If I can be of any further assistance, please
do not esitate to contact me.
. r~:Qmrs~v01
er
MSW/ka ~
cc: Randi S. Tompkins, Esq. .
. ,
,
.
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MEMORANDUM
DATE: JANUARY 21, 1991
TO: DAVID KOVACS, DIRECTOR, PLANNING & ZONING
f
THRU: STAN WEE~' PLANNER III )IJ
FROM: PAT CAYC , HISTORIC PRES~RVATION PLANNER
SUBJECT: FINAL PLAT FOR SOUTHWERK AT THE TABARD
RECONFIGURATION OF TWO EXISTING NONCONFORMING LOTS.
At its meeting of January 20, 1991 the Historic Preservation
Board voted to recommend that the City Commission approve the
reconfiguration of two lots at the north east corner of N.W 1st
Avenue and N.W. 2nd Street in the Metcalf's subdivision.
..
After consideration the HPB concluded that there was no
detrimental impact to the streetscape, and nothing to be lost
historically, by reconfiguration of the lots to face N.W. 2nd
Street.
WAIVER OF THE REQUIRED 5' CONCRETE SIDEWALK ALONG N.W. 2ND STREET
The HPB recommends that the City commission waive the sidewalk
requirement and enter into an agreement with the owner which
would ensure that the owner will provide a sidewalk when the
walk is installed from N.Swinton Avenue.
The HPB noted that there is an existing sidewalk from N. W . 1st
Avenue to N. Swinton Avenue on the south side of N.W. 2nd St.
c: Kathy Dearden
Jasmin Allen
.
" I
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER 'fr/1
SUBJECT: AGENDA ITEM # C;S - MEETING OF FEBRUARY 26, 1991
REQUEST FOR FUNDING-PINE GROVE ELEMENTARY SCHOOL
DATE: February 19, 1991
We have received a request for funding from Pine Grove Elementary
School for funding in the amount of $1,000 to support their Annual
Palm Beach County Washington, D.C. trip, During the budgeting
process the Commission allocated $2,500 in the Special Events Account
to be used for such requests. Of that amount, our records show that
$1,000 was given to S,D. Spady Elementary School and $500 was given
to Old School Square.
Since we have already given $1,000 I
to S.D, Spady Elementary this year I
for their Safety Patrol to make this trip, the precedent is set for
this budget year. Also, we do have $1,000 in unallocated funds
remaining in the Special Events Account.
Recommend approval of a request for funding in the amount of $1,000
from Pine Grove Elementary School.
1
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(!(! (' ~ '1- p..../ - 5-fc.(l.:.,
.,.,~.' ~
'. . ;'wrlQ) "
CPine gltove gQemenlalty ~ChOOQ \i 'v ~ l ·
2 I~, \
400 SOUTHWEST TENTH STREET DEe 1 ~\, ,
DELRA Y BEACH, FLORIDA 33444 1
r I ~\) I
TELEPHONE: 243-1554
JUDITH KURZAWSKI MALINDA KIDO
PRINCIPAL December 7, 1990 ASSISTANT PRINCIPAL
Mayor Thomas E. Lynch
De1ray Beach City Hall
100 N.W. 1st Avenue
De1ray Beach, FL 33444
Dear Mayor Lynch:
Please accept my sincere thanks for your financial support of
PineGrove Elementary's Safety Patrol. Your $1,000.00 donation
made it possible for several of our needy students to attend
the Annual Palm Beach County Washington, D.C. trip.
Since this is an annual event, I am once again requesting that
$ 1,000.00 be budgeted to enable our patrols to participate in
this very worthwhile educational activity during the FY 91
school year.
Your consideration of this request is sincerely appreciated
as is your continued support of our school goals.
Appreciatively,
. ~~~/~.
urzawski, rincipa1
JK: rk
.
. ,-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfrI}
SUBJECT: AGENDA ITEM # - MEETING OF FEBRUARY 26, 1991 .
REQUEST FOR FUNDING-ATLANTIC COMMUNITY HIGH SCHOOL BANDS I
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DATE: February 19, 1991 i
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We have received a request for funding from Atlantic Community High !
School for funding to help underwrite the School Band's participation
in a festival being held May 8th through May 12th at the John F.
Kennedy Center for the Performing Arts in Washington, D.C. There are
approximately 110 students on the School Band. This is an open
funding request. Other fund raising events are scheduled to assist in
defraying the expenses for this event.
During the budgeting process the Commission allocated $2,500 in the 1
Special Events Account to be used for such requests. Of that amount, I
our records show that $1,000 was given to S.D. Spady Elementary ~
School and $500 was given to Old School Square. There is another I
request on your agenda for $1,000 for Pine Grove Elementary School. '
Additionally, the Commission's Special Events Account has funding i
allocated for the following events: !
Boat Parade $3,000 (expended) I
Christmas Parade 3,000 (expended) ..
Roots Festival 2,000 t
Project Graduation 3,000 !
Eaglettes 3,000 ($2,500 expended) t
Martin Luther King Day 500 r
In view of projected revenue shortfalls in various categories, we are I
not in a position to fund any unbudgeted requests unless funds are I
taken from some other previously approved item.
Recommend consideration of a request for funding from Atlantic
Community High School.
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I 1J[1~[j]l?DC3 The Greatest on the Gold Coast
PHONE: ~07 ) 243-1518
@G[M][M](!J[I10l?L?
[]] 0 G [J{] ~C3[J{]8G[1
rn~GJ00
Mr. David Hardin
Delray Beach City Manager
100 NW 1st Ave.
Delray Beach, FI 33444
Dear Sir:
The Atlantic Community High School Band has been invited to the
John F. Kennedy Center for the Performing Arts in Washington
D.C.. The Band will represent our city, our county and to the
best of our knowledge the State of Florida at this festival.
It is estimated that this trip will cost approximately $49,000.
The Band Parents Association has activities planned to try and
raise the needed funds, but we need the support of the community.
We request permission to speak to the City Council for the
purpose of seeking a donation from the city.
Thank you for your support.
-;// /dt-= ;I1~J'~~
, ciu:..(/)
'- -
Mr. Louis St. Laurent
Band Director
The Pride of De/ray and Boynton Baach
2501 SEACREST BOLTLEVARD, DELRAY BEACH, FLORIDA 33444
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # Cf~ - MEETING OF FEBRUARY 26, 1991
REQUEST TO ATTEND A SEMINAR
DATE: February 19, 1991
The Historic Preservation Board Chair and Historic Planner are
requesting approval to attend Preservation Day 1991, sponsored by the
Florida Trust for Historic Preservation to be held in Tallahassee on
March 12th and 13th. In addition to briefing and reception sessions,
a lobbying session is also included, We were previously successful in
lobbying funding for the Sundy Feed Store and anticipate an
opportunity to lobby for additional funding for this project, The
estimated cost for this trip if $573. Funding is available in the
Planning and Zoning Department's Travel and Training Account.
Recommend approval of the Historic Preservation Board's request for l
the Chairman and staff person to attend Preservation Day 1991.
Direction is also requested as to whether the Commission wishes to
review travel requests from Board members, or allow the City Manager
to act on such requests.
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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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'~~.~ "i"o~
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 26, 1991
REQUEST FROM THE HISTORIC PRESERVATION BOARD FOR
FUNDING TO SEND A DELEGATION TO THE STATE DIVISION OF
HISTORIC RESOURCES "PRESERVATION DAY"
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commisslon is that of
directing the administration to accommodate arrangements for
a Board member and a staff member to travel to Tallahassee
to attend a function on March 12th and 13th.
BACKGROUND:
Representatives from the City participated in "Preservation Day-
activities in Tallahassee two years aqo at which time they
lobbied for the Sundy Feed Store grant. Last year no one went
due to a lack of grant applications. This year the Board has
recommended that its chairperson, Pat Healy, and staff member,
Pat Cayce attend. Besides attending the scheduled activities
(schedule attached), they would lobby individual legislators for
addi tional funding for the Sundy Feed Store (a grant has been
submitted and is recommended, by the Division, for funding).
rhe funding for the trip would come from the Planning and Zoning
Department Travel Account. Estimated costs are:
Airfare @ $ 200 ea. = $ 400
Lodging @ $ 76 dbl. = 76
Misc & Per Diem = 57
Reg. @ $ 20 ea. = 20
TOTAL $ 573
When the FY 90/91 budget was prepared, the Department sought
$5,500 in travel funds. That amount was reduced to $5,000 and
then to $4,800. Also, a $1,000 line item for Historic
Preservation Board expenses was deleted with instructions that
normal Board expenses be handled by the Departmental budget.
An amount of $1,740 remains unexpended in the Departmental travel
account at this time.
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City Commission Documentation
Request From The Historic Preservation Board
For Funding To Send A Delegation To The State
Division Of Historic Resources "Preservation Day"
Page 2
There are three matters which require direction. They are:
1. Policy and procedure for Board member attendance at such
events i.e. administration or Commission approval?
2. Policy and procedure re payment of expenses i.e. when such
requests are not specifically identified in a Departmental
budget, should there be a "replacement" allocation to the
Department since that funding is normally used for training,
professional development, and essential travel.
3. Appropriateness of sending staff members who are not
regular, full-time employees to such events.
Pat Healy will be at the Commission meeting to state the reasons
why the Board feels attendance at the session is appropriate.
RECOMMENDED ACTION:
Address each of the listed items - no Departmental recommendation
is put forth since these items are of a Commission - Board
relationship.
Attachment:
* Historic Preservation Day schedule of activities
DJK/#79/CCHPB.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t911
SUBJECT: AGENDA ITEM # q'l-+ - MEETING OF FEBRUARY 26, 1991
ARCHITECTURAL CONTRACTS- DECADE OF EXCELLENCE PROJECTS:
DATE: February 19, 1991
Previously, the Commission awarded contracts for architectural
services for improvements at Veteran's, Currie Commons, and Miller
Parks, Subsequently, the respective architectural firms have voiced
some concern with the indemnification clause contained in the contract
document. Therefore, this item was placed on your agenda for
direction. The City Attorney's office will be providing detailed
backup material on this item prior to your Tuesday evenings meeting.
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # qJ: - MEETING OF FEBRUARY 26, 1991
CONSULTING/ARCHITECTURAL CONTRACT-BANKERS ROW PROJECT
DATE: February 19, 1991
This item is before you to authorize staff to negotiate and award a
contract for consulting/architectural services for the Bankers Row
Project, At your February 12th meeting the Commission directed the
Banker's Row Selection Committee to conduct interviews with the
short-listed candidates and to make a recommendation, by ranking the
firms.
Interviews were conducted on February 18th. The firms were ranked as
follows:
1. Leslie Divoll, Inc.
2 , H, Carlton Decker, Architect, Inc.
3. R. E. Chisolm, Architects, Inc.
4. Urban Design Studio
Previously we received and accepted a grant in the amount of $24,000
from the State Division of Historic Resources for the Banker's Row
project. According to the grant agreement the City must provide a
matching share of $24,000, This match will be made in the form of
in-kind services, postage, advertising, etc. and thus the contract
for architectural services will be limited to $24,000.
Recommend approval of the ranking as stated above and authorization to
negotiate and execute a contract with the number one ranked firm for
architectural services for the Banker's Row Project in an amount not
to exceed $24,000,
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ALISON MACGREGOR-HARTY, CITY CLERK
C:J - ~~
FROM: ( ID~ACS, DI~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 26, 1991
AUTHORIZATION TO ENTER NEGOTIATIONS AND AWARD THE
CONSULTANT SERVICE CONTRACT FOR THE BANKER'S ROW
PROJECT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
granting authorization to enter negotiations and award a
contract for consulting services for the Banker's Row
project.
BACKGROUND:
At the Commission's last meetin~ direction was glven for the
Banker's Row Selection Committee to conduct interviews with the
short-listed candidates and to recommend, in ranking, a
consultant selection.
The Committee held interviews in the afternoon of Monday,
February 18th. The Conunittee was unanimous in selecting the
preferred candidate. The ranking is:
l. Leslie Divoll, Inc.
2. H. Carlton Decker, Architect, Inc.
3. R.E. Chisholm, Architects, Inc.
4. Urban Desgin Studio.
The Committee consisted of:
Gene Fisher, representing O.S.S. Homeowners Association
Dan Carter, Landscape Architect, Historic Preservation Board
John Johnson, Director, County Historic Preservation Office
David Kovacs, Director of Planning and Zoning, Delray Beach
Attached is a copy of the rating sheet which was used.
The contract amount will be no greater than $24,000. This is the
amount of the grant award which we have received from the State
Division of Historic Resources. The City must provide a matching
share of $24,000. This match will be in the form ot in-kind
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City Commission Documentation
Authorization to Enter Negotiations and Award the Consultant
Service Contract for the Banker's Row Project
Page L.
services which involve staff time, direct dollar expendltures for
certain services, direct dollar expenditures for copies, postage,
processing and related items. The match will be accounted for
from the Planning Department's existing budget.
RECOMMENDED ACTION:
By motion, approve the selection of Leslie Divoll, Inc. as the
consultant for the Banker's Row Project and authorize the City
Manager to conduct negotiations and to enter into a contract for
such services.
Attachment:
* Consultant ranking scoresheet (blank)
DJK/#78/CCBANKER.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 9~ - MEETING OF FEBRUARY 26, 1991
ORDINANCE NO. 7-91
DATE: February 14, 1991
This item is before you for final action on Ordinance No. 7-91 which
annexes 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.
A public hearing was held on this item at your February 12th meeting.
Subsequently, the Commission deferred action on this item until
February 26th, Staff is now requesting that the Commission defer this
i tern until the first meeting in April to allow for further negotiations
with the affected property owners. The effective date of the
Ordinance would then be May 1, 1991,
Recommend deferral of approval action on Ordinance No. 7-91 until
April 9, 1991.
.
I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~:~ON ~ACGREGOR-HARTY. CITY CLERK
^~PY0J ~U~
FROM: -TIA ID J. OVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 25, 1991
FURTHER CONSIDERATION OF THE PROPOSED WEST ATLANTIC
AVENUE ANNEXATION #3, ORDINANCE 7-91
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
continuing consideration of Ordinance 7-91 to the Commission
meeting of April 9, 1991.
The project is the annexation of commercial properties,
northwest and southwest of the intersection of Atlantic
Avenue and Military Trail.
BACKGROUND:
This item was before the Commission at its last meeting. At that
time some concerns were raised by the property managers of The
Marketplace of Delray Shopping Center and the item was continued
for further research.
Contact has been made between the property managers and the
Administration. There is an amicable relationship. In order to
accommodate potential redevelopment decisions at the Center, we
will meet in early March to work on the items of concern and how
best the redevelopment (upgrading) of the Center may occur.
In order to provide for sufficient time to attempt to resolve any
problems, get the proper documentation in order, and to still
enact the annexation prior to the May 1st taxing date it has been
agreed to continue consideration of Ordinance 7-91 to April 9th.
At that time, a further recommendation as to the disposition of
this annexation effort will be put forth.
RECOMMENDED ACTION:
By motion, continue consideration of Ordinance 7-91 to April 9,
1991.
DJK/#79/CCWAA.TXT
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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,
(KIA L-1 Thru L-8 and Easterly 3 feet of State Road 809
Right-of-Way) ; and,
WHEREAS, Delray Executive Square LTD, 1S the fee simple
owner of 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); 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,
I 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 1/2l 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,
,
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. SO 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
State Road 809 road r~ght-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 11 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 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 ana
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 114 ) 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
- 2 -
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,
I ~HEREAS, Boca Racen Yacht ana fenn1s Club lS che tee
simp1e owne!: 0t Breezy Acres Lot 1 \ ~ess St-3.te ?,oad ~06 r:.:mt-
; ef-way; and,
I ("HERE;',S, Boca Raton Yacht and Tenrus ':1'.10 1S tl",e ~-"o
simple Qt.-,rner of Breezy Acres Lot 2. . less State ;;;,0ad ~06 rignt-~~-
'.,;a'[; ar:.d,
;.'HEREAS, Boca Raton Yaci'.t and Tenn1S ':lUD 1S the tee
slmple Cjwner ~f Breezy ':'cr2s Lor: 'less Stat:e R'Jad 806 :-:..qnt-cr-
",ay; and,
'tiHERE.:',S, Boca Raton '{dcht and Tenn1S CLlO lS the tee
simple owner of Breezy ,,,cres Lot .j Iless State Road 306 rlght-ot-
'~;ay; and,.
WHEREAS, Berlinger Handels-Und is tne fee slmple ownAr ~f
rhe Northeast Quarter INE 1(4) of the Southeast Vuarter ISE 1 41 0t
the Southeast Quarter ISE 1/4) (less road rights-of-way ror M111tary
Trail and Delray Road West and North 176,53 feet of the East 207.52
teet -'lnd the South 61,47 feet of the North 238 feet of the East
122,66 feet) in Section 14, Townsh1p 46 South, Range 42 East; and,
wHEREAS, Berlinger Handels-Und is the fee simple owner ot
the South 176,:'3 feet of the North 236.:'3 feet of the West 84,86
feet of the ~ast 277.27 feet (less the North 152,65 feet of rhe Easc
28,49 feet) of the Northeast Q'.1arter (NE 1/4) of the Southeast
Quarter (SE 1, 4) of the Southeast Quarter (SE i: 4) .Jf Section 14,
Township 46 South, Ranqe 42 East; and,
WHEREAS, the fee slmple owners as hereinabove named have
requested by the1r petit10ns to have the oroperty here1nafter
descr1bed annexed into the municipal Ll.m1ts of the City of Delray
Beach; and,
WHEREAS, the subject property hereinafter described 1S now
contiguous to the corporate limits of the City of Delray Beach, thus
making sa1d petit~ons for annexation effect1ve at this time; and,
WHERE.a,S, the des ignat10n of a zoning class~f iCat10n 1 s
part of ~he annexation proceedinq, and provisions of Land
Development Regulations Chapter Two have been followed in
e$~ablishing the proposed zon~ng designation; and,
WHEREAS, the City of iJelray Beach has heretofore Deen
authori:ed to annex lands ~n 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 l, That the City Commission of the City ot Delray
Beach, Palm Beach County, Florida, hereby annexes to sa1d ':l.ty the
tollow1ng descr1bed lands located in Palm Beach County, F'lorlda,
which lies contiguous to said C~ty to-wit:
P.Z>.RCEL.~
That part of the Northeast Quarter (NE 1/4) of ~he
Southeast Quarter ISE 1/4) lying Soutn 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 I NW 1/4) , Norther 1 y 620
feet of Easterly 615 feet, that part as in OR 3749
Page 829, (KIA L-l Thru i-8 and Easterly 3 feet of
State Road 809 Right-of-way): together With,
ORD, NO. 7-91
- 3 -
.
East 166.41 feet of the North 262 feet of the East Half (E
1/2) of t:he Northwest Quarter (NW 1/4) of the Southeast:
Quarter (SE 1/4) of the Southeast Quarter (SE 11 4 ) , (less
the North 30 feet of State Road 806); together wit:h,
The Easterly 133 feet of the West ISS feet of the North
240,91 feet lying South of State Road 806 right-ot-way of
East Half (E 1/2) of Northwest Quarter (NW 1; 4 ) of
Southeast Quarter (SE 1;4) of Southeast Quarter (SE 1! '* ) ;
together with,
The North 197 feet of the East 220 feet of the South 610
feet of that part of the Northeast Quarter (NE l' 4) of the
Southeast Quarter (SE 1/4 ) lYl.ng West of State Road 809
and North of State Road 806 road rights-of-way; together
"lith,
The North 148 feet of the South 413 feet of the East 220
feet ot 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;
together with,
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 S teet and Southeast
trJ,angle corner of State Road 809 road right-of-way;
together with,
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 1/41 1Yl.ng West of State Road 809
and Nort!'! ot State Road 806 road rights-of-way; together
\vith,
The South 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 1/41 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 187.99 feet of the West 220 feet of the East 830
feet of that part of the Northeast Quarter lNE 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 1/41 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
I The East Half of the Northwest Quarter (NW 1/4) of the
,I Southeast Quarter (SE 114) of the Southeast quarter (SE
il 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,
I
; The Northeast Quarter (NE 114) of the Southeast Quarter
I
i (SE l' 4) of the Southeast Quarter (SE l' 4 ) (less road
I rights-of-way for Military Trail and Delray Road West and
I North 176.53 feet of the East 207.52 feet and the South
;i 61.47 feet of the North 238 feet of the East 122.66 feet)
il 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 1 - - --
_ J ,",OJ
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
il the Southeast Quarter (SE 11 4) of the Southeast Quarter
(SE 1/4) (less the Northerly 21. 02 feet State Road BG6
11 right-of-way) ; together with,
i Breezy Acres Lot 1 (less State Road 806 right- of-way);
I together w~th,
Breezy Acres Lot 2 (less State Road 806 dght-of- way) ;
together wlth,
Breezy Acres Lot 3 (less State Roael 806 nght-of- way) ;
together with,
Breezy Acres Lot 4 (less State Road 806 rlght-of- way).
PARCEL "C"
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 11 2)
of the Northeast Quarter (NE 1/4\ of the Southeast Quarter
(SE 1/4 ) of the Southeast Quarter (SE 1/4 ) as lrl 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; 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-way); 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 - ORD. NO. 7-91
,
---------~--~-.--------- --- ~~---~--- ---
-.-------------- - -------..----
-;-
-----,,_.-
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 De1ray
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 limi ts of the City of Delray Beach,
Florida,
Section 3, That Chapter Two of the Land Development
Regulations has been followed in the establishment of a zoning
classification in this ordinance and the 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, liabili ties, ordinances and laws
to which lands in the City of Delray Beach are now or may be
subjected and persons residing thereon s ha 11 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
an 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. r:o, 7-91
I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ALISON MACGREGOR-HARTY, CITY CLERK
C" )~ \ \)- 000C
FROM: VID J. ~~, ~R~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 un2MloouO~ 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 Jan Winters
Carole Phillips, V ice Chair
Carol A. Roberts Department of Planning, Zoning & Building
Caml J, Elmquist
t\lary McCarty
Ken Foster
\1aucle Ford Lee
January 15, 1991
Stan Weedon
Assistant Planning Director
Delray Beach
100 N.W, 1st Avenue
DelrdY Beach, FI 33444
RE: Voluntary annexation of 26 properties at the intersection of Atlantic Blvd., and
Military Trail.
DearMr, 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 Atlantic Avenue and Military Trail. County
staff comments are as follows:
1. PLANNING DNISION: 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
Annexation 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 CommerciaV Residential-S,
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 Atlantic Avenue,
2. ENVIRONMENTAL RESOURCES MANAGEMENT: Bob Kraus,
Environmental Analyst
The,5O sites are not in ~ well - field protection zone ~or are they considered ,1);' iT:,:C: :- ~ ~ -";'])
envtro~entall~ ~nSItI~e. The Pr?perty has prevIously been developed and d I,. :, l;Jv . '-. ~..;" :,.'
not contam sensItIve native vegetatIOn. ,: ..,
J,.\N ~." 11';01
"An Equal Opportunity - ;\ffirmative :\ction Employer " (~.'. -, .
3400 BELVEDERE ROAD. WEST PALM BEACH, FL. (407) 471-3520 PLANNii<G &. ZO:~iI'~G
::v
g printed on recycled paper
-_.,..__.~-
, .
. Delray Beach
1/15/91
Stan Weedon
Page 2
3. FIRE-RESClJE' 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 southwestern 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,
detrimentally impacts response time,
Mixed service areas also complicates law enforcement provision sic.ce the
communication systems are not shared by the Sheriffs Office and Detray Beach
Police Department.
The Sh~liffs 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 setvice and eliminating the
mixed servic~s areas will satisfy that recommendation.
5. TEAFFTC ENGINEER[NG: Allan Ennis, Development Review Engineer
Comments will be forwardt':d.
6. UTILITIES: Linda Hammond, Civil Engineer, Engineering Division
The properties are not lOCated within the County's service area. No Comments
7. FINANCIAL MANAGEMENT AND BUDGET DEPARTMENT: Richard
Roberts, Assistant Director
The proposed annexation remits 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 (j.e" utility service tax,
franchise fees, sales tax and state shared revenues may be marginally reduced but
cannot be estimated from the available infonnation.
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 statT 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,
SincerelY,. _~
. I
. \ /
.. II '\ \ \..- '~ . (
Dennis-R: 'FoltZ: Ncp ~"
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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. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!J10
SUBJECT: AGENDA ITEM # q~ - MEETING OF FEBRUARY 26, 1991
CHANGE ORDER NO. 4- JOHNSON AND DAVIS, INC.
DATE: February 19, 1991
This change order represents an increase in the contract price of
$23,000,50 and is for the reconstruction of pavement along S.E. 1st
Street and an alleyway between S.E, 6th and 7th Avenues as part of
the S.E. 1st Street Drainage Improvement Project.
This is a Decade of Excellence Bond Funded Project.
The original specifications for this project included the installation
of a drainage system along S.E. 1st Street from Federal Highway to the
Intracoastal Waterway. Subsequently, a 16 inch water main was added
to the project to avoid future disruption of the area, During
construction it became evident that the sewer main along S,E. 1st
Street needed to be replaced. As a result of the installation of
these systems the whole street requires resurfacing. In addition, the
installation of a fire hydrant at the southeast corner of S.E. 5th
Avenue and S.E. 1st Street has been included in this Change Order.
During the construction of Buds Chicken, a condition, installation of
a fire hydrant was required, An $8,000 extraction was collected from
the developer and will deposited against this change order.
Recommend approval of Change Order No. 4 in the amount of $23,000.50
with funding from Decade of Excellence Bond Issue (Account No.
225-3161-541-61.41/-$11,500.25) and Water and Sewer S.E. 1st Street
Drainage (Account No. 444-5174-536-61.41/-$11,500.25),
MEMORANDUM
TO: David T. Harden
City Manager ~
THRU: William H. Greenwood 4J1,
Director of Environmental Services
FROM: George Abou-Jaoude
Dep. Dir. of Environmental Services/
Capital Projects
SUBJECT: S.E. 1st St. DRAINAGE IMPROVEMENT -
DECADE OF EXCELLENCE PROJECT
DATE: February 20, 1991
Attached is an agenda request for Change Order #4 for
Johnson and Davis in the amount of $23,000.50 for the S.E.
1st Street Drainage Improvement project.
The original bid included only the installation of drainage
system from U.S. 1 to the Intracoastal. Then we added the
installation of the 16 inch water main to avoid future
disruption of the area. After starting the project we
realized that the sewer main along S.E. 1st Street needed to
be replaced. Anyway, the installation of these systems
included only asphalt patching over the pipe installation
which resulted in the reconstruction of the whole street.
Also, a part of this change order 1S the installation of a
fire hydrant at the S.E. corner of 5th and 1st Streets which
was a condition for the construction of Buds Chicken. An
extraction in the amount of $8,000.00 has been collected
from the developer and will be deposited against Change
Order #4. Therefore, the Change Order will be reduced from
$23,000.00 to $15,000.00.
for this change order.
GAJ/gm
Att:
cc: File; Agenda Requests
file; a:gadthard
" I
-.
-,
CHANG E ORDER
No. 4
Dated ::>/15/91 , 199_
I
Project No. 06-22-90-DB Bid 1190-74
Project Name: S.E. 1st Street Drainage Improvements
DECADE OF EXCELLENCE PROJECT ,
....
Owner: City of Delray Beach, Florida
Contractor: Johnson & Davis, Inc.
Contract Date: August 29, 1990
-
To: Johnson & Davis, Inc. , Contractor
You are directed to make the following changes in the subject contract:
.
Deduct cost of Bituminous Pavement from Base contract and cha~ge orders 111,2 and 3,
Include Bituminous pavement, '155 L.F. of sidewalk, 28 L.F. of 6" curb, 16" X 6" tap,
.
nnp fire hydr~nt. base rock Rnd onp (1) inC"n ~~ph;:\lt' n'TP.,.l~y fnr .::tl1~~:=ty npt'wppn
S.E. 6th Ave and S.E, 7th Ave. ,
,
which changes are more specifically described in the attached arne.nded plans, drawings, and
specifications.
The reason for. the change is as follows: Boost pressure for existin2 hvdrant in alleyway
and resurface alleyway after reconstruction of sewer line.
The contract price and contract time shall be adjusted because of such changes as follows:
A~ Contract Price
1. Contract price prior to this change Order: · $274,738.00
Page One of Two Pages
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CHANGE ORDER i......!t.-
- , .. . .' ......--..--.....,.. ..-........
~, .. "_".0, '" .-............ .- -, -~
2. Ne't increase resulting from this change order: $21,000.')0
..
3. Current contract price Including this change order: $297.738.50
B. . Contract Time .
,.,
1. Contract time prior. to this change order: 187
I
,;::
2. Net Increase resulting from, this change order: 0
3. Current contract time including this change order: 187
.
'.
. City of Delray Beach, Florida, OWNER
.
, ,
By: ..
.
. '
Attest:
City Clerk
City of Delray Beach
~
Approved as to form:
Ci ty Attorney
.
The above changes are accepted on , 198_. I unde~tand that au the
provisions of the Contract Document related to Project No. which are not
inconsistent with. the terms of ':this Change Order shall remain in effect a.nd apply to au work
undertaken pursuant to this Change Order.
.
Witness:
:
, , CONTRACTOR
By:
As to Contra.ctor Title
, .
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Page Two of Two Pages
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Agenda Item No. :
AGENDA REQUEST
Date: 2/19/91
Request to be placed on:'
xxx Regular Agenda Special Agenda Workshop Agenda
When: 2/26/91
Description of agenda item (who, what, where, how much): Request City Commission
rove the modification of the scope of services for S
Tmprovements Bid #90-74 to Johnson and Davis in the Amount of 23,000.50. The wor
imrnlvl'!l': the addition of one hydrant. tapping 6" water to a new 16" water main, and
pave the a1levway between 6th and 7th Ave. Funding: 225-3161-541-61. 41 . 11:~500.25
444-5174-536-6f/:l1 1l~OO.25
ORDINANCEI RESOLUTION REQUIRED: YES/NO Draft Attached: ES/NO
Recommendation: Staff recommends approval for Hohrison and Davis, Inc. in the
Amnl1nr nf $?'1,OOO.'>O
;.,
~,-,., .-
Department Head Signature: f#/ ~~D~_~~~Dj
Determination of Consistency with Comprehensive Plan:
"!"
City Attorney Review/ Recommendation (if applicable):
Budget Di~or Review (required on all iteas involving expenditure
of fund.s): a/ ;;zjW
tfii) NO
Fund g available:
Funding alternatives: (if a~PliCa~le)
Account No. & Description: ~:2.t:5-':3[fJ-'541.~1-4( ~...GI7 ...536. '~41
-,.-' Account Balance: ~'t/12s1 , H, ~ S;,E,. 1'51-- g..rR~
City Manager Review:
Approved for agenda: @/ NO ~
Hold Until: --
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
" ~,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # L - MEETING OF FEBRUARY 26, 1991
EXECUTION OF RELEASE DOCUMENT-ROAD AND BRIDGE TAX MATTER
DATE: February 19, 1991
This item is before you to consider executing a release document with
regard to the Road and Bridge Tax matter. The Florida Supreme Court
entered a judgment in favor of the municipalities in the Road and
Bridge matter requiring Palm Beach County to pay interest on the Road
and Bridge principal amount due between the period of entry of the
initial judgment in December 1984 and the date on which Palm Beach
County tendered payment of the principal amount, October I, 1987, Our
share of that interest is estimated at approximately $32,402,16. In
order to receive payment, we need to execute a release and forward it
to the attorney representing the Town of Palm Beach, et al. Once they
receive agreement from the County as to the amount due and have an
amended final judgment entered by the Circuit Court, they will direct
the County to cut and forward checks to each municipality for which a
release and directions for payment has been received,
/-" LU ,.. /2 /;;.. [~ /<'... . I'
C~ fr'-- - ,r Co .~ Xc........
BEDELL. DITTMAR, DEVAULT & PILLANS
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
C. HARRIS DITTMAR THE BEDELL BUILDING CHESTER BEDELL
JOHN A, DEVAULT, III 101 EAST ADAMS STREET (1904-198(1
CHARLES P. PI LLANS, III NATHAN BEDEL~
C. WARREN TRIPP. JR, ..JACKSONVILLE. FLORIDA 32202 \1918.19821
MICHAEL D. WHALEN -
TI MOTHY J. CORRIGAN TELEPHONE 19041 3~3-0211
JANE A. LESTER TELECOPIER 19041 3~3- 9307
THOMAS M. BEVERLY
HENRY G. BACHARA. JR.
FRANK M. BEDELL
ADAM J. KOHL '-.
FE-'
tj 1 9 10
" . v 91
MEMORANDUM " I .' t i1.l.':~ :''10 ...
, .pc,!.,.:
TO: A11 City Attorneys and/or
Mayors, City Managers and Other Officials
(See attached Mailing List)
FROM: John A. DeVault, III
DATE: February 12, 1991
RE: Pa1m Beach County v. Town of Pa1m Beach, etc.
Case No. 73,956, Supreme Court of Florida
As each of you now know, the F10rida Supreme Court has
entered a judgment in favor of the municipa1ities in the Road
& Bridge matter requiring Palm Beach County to pay interest on
the Road & Bridge principal amount due between the period of
entry of the initia1 judgment in December 1984 and the date on
which Palm Beach County tendered payment of the principal
amount, October 1, 1987. We have suggested to Pa1m Beach
County attorneys that the amount at issue is $270,386, which
is precise1y the amount we informed them was due after the
decision of the Fourth District Court of Appeal in our favor
in 1989. We are awaiting their response.
Enclosed please find a form of release for your munici-
pality, to which is attached a distribution schedule. As you
know, this re1ates to interest on1y, the principa1 having been
distributed in 1987. In accordance with our prior agreement,
after reimbursement to the Town of Palm Beach of the monies
they advanced for the fees and costs invo1ved in this matter,
the balance is distributed in accordance with the ad va10rem
valuations during the years in question (this is the same
basis on which we previously distributed the principa1 judg-
ment) .
Memorandum to All City Attorneys and/or
Mayors, City Managers and Other Officials
February 12, 1991
Page 2
In order for your municipality to receive its payment,
you need to execute an original release and forward it to my
office as quickly as possible. Once we receive agreement from
the County as to the amount due and have an amended final
judgment entered by the Circuit Court, we will inform the
County to cut and forward checks to each municipality for
which we have a release and directions for payment. Should
you have any questions about the distribution please do not
hesitate to call.
JAD:vb
Enclosures
" .
Town of Palm Beach, et al. v. Palm Beach County
Mailing List for Municipalities
Municipalitv Address
Atlantis City of Atlantis
260 Orange Tree Drive
Atlantis, Florida 33462
Attorney:
Trela J. White, Esquire
Suite 200
1615 Forum Place
West Palm Beach, Florida 33401
Boynton Beach Mayor, City of Boynton Beach
211 South Federal Highway
Post Office Box 310
Boynton Beach, Florida 33425-0310
Attorney:
Raymond A. Rea, Esquire
City Attorney
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33425-0310
Delray Beach City Manager
City of Delray Beach
100 N.W. lst Avenue
Delray Beach, Florida 33444
Attorney:
Herbert W.A. Thiele, Esquire
Suite 4, 310 S.E. First Street
Delray Beach, Florida 33483
Gulf Stream Town Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, Florida 33483
Attorney:
John C. Randolph, Esquire
Jones, Foster, Johnston
& Stubbs, P.A.
Flagler Center Tower
505 South Flagler Drive
Eleventh Floor
Post Office Drawer E
West Palm Beach, Florida 33402-3475
'" .
North Palm Beach Village Manager
Village of North Palm Beach
501 u.s. Highway 1
North Palm Beach, Florida 33408
Attorney:
Herbert L. Gildan, Esquire
Nason, Gildan and Yeager
1645 Palm Beach Lakes Boulevard
Post Office Box 3704
West Palm Beach, Florida 33402
Ocean Ridge Town of Ocean Ridge
6450 North Ocean Boulevard
Ocean Ridge, Florida 33435
Attorney:
John C. Randolph, Esquire
Jones, Foster, Johnston &
Stubbs, P.A.
Flagler Center Tower
505 South Flagler Drive
Eleventh Floor
Post Office Drawer E
West Palm Beach, Florida 33402-3475
Palm Beach Town Manager
Town of Palm Beach
360 South County Road
Palm Beach, Florida 33480
Attorney:
John C. Randolph, Esquire
Jones, Foster, Johnston &
Stubbs, P.A.
Flagler Center Tower
505 South Flagler Drive
Eleventh Floor
Post Office Drawer E
West Palm Beach, Florida 33402-3475
Palm Beach Gardens City Manager
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attorney:
William E. Brant, Esquire
Brant and Baldwin
330 Federal Highway
Lake Park, Florida 33403
'"
I
Riviera Beach John N. Buso, Esquire
City Attorney
City of Riviera Beach
600 West Blue Heron Boulevard
Riviera Beach, Florida 33404
,Attorney:
Allen v. Everard, Esquire
Post Office Box 9035
Riviera Beach, Florida 33419
South Palm Beach Mr. Dennie W. Long
Town Administrator
Town of South Palm Beach
3577 South Ocean Boulevard
South Palm Beach, Florida 33480
Attorney:
Michael Buckner, Esquire
Steel, Hector, Davis, Burns
& Middleton
1900 Phillips Point West
777 South Flagler Drive
West Palm Beach, Florida 33401-6198
Tequesta Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469
Attorney:
John C. Randolph, Esquire
Jones, Foster, Johnston &
Stubbs, P.A.
Flagler Center Tower
505 South Flagler Drive
Eleventh Floor
Post Office Drawer E
West Palm Beach, Florida 33402-3475
West Palm Beach Director of Finance
Post Office Box 3366
West Palm Beach, Florida 33402
Attorney:
Carl V.M. Coffin
Post Office Box 3366
West Palm Beach, Florida 33402
'"
Town of Highland Beach Town Manager
Town of Highland Beach
3614 South Ocean Boulevard
Highland Beach, Florida 33487
Attorney:
Thomas E. Sliney, Esquire
Dilworth, Paxon, Kalish, Kauffman
& Tylander
Suite 600
7000 West Palmetto Park Road
Boca Raton, Florida 33433
Juno Beach Town of Juno Beach
841 Ocean Drive
Juno Beach, Florida 33408
Attorney:
Preston Mighdoll, Esquire
Kohl & Mighdoll
2315 South Congress Avenue
West Palm Beach, Florida 33406
Jupiter Jerome F. Skrandel, Esquire
City Attorney
321 Northlake Boulevard
Suite 111-A
North Palm Beach, Florida 33408
Lake Worth Alan Fallik, Esquire
City Attorney
City of Lake Worth
7 North Dixie Highway
Lake Worth, Florida 33460
Lantana Town Manager
Town of Lantana
500 Greynolds Circle
Lantana, Florida 33462
Attorney:
Trela J. White, Esquire
Suite 200, 1615 Forum Place
West Palm Beach, Florida 33401
'" I
RELEASE
KNOW ALL MEN BY THESE PRESENTS:
THAT the undersigned, being duly authorized by the
governing Council of the City below named, for the sole con-
sideration of its proportionate share of Two Hundred Seventy
Thousand, Three Hundred Eighty-Six and no/lOO Dollars
($270,386.00), paid by Palm Beach County, receipt whereof is
hereby acknowledged, does hereby release, acquit and discharge
Palm Beach County from the Amended Final Judgment as to Inter-
est Only, dated , 1991, in Town
of Palm Beach. et ale v. Palm Beach County, Case No. 82-5252 CA
(L) 01 E, directing the defendant Palm Beach County to reim-
burse the named municipalities for the interest due on their
share of the road and bridge tax funds due them under the opin-
ion of the Supreme Court of Florida, Case No. 73,956 (January
31, 1991).
The undersigned further acknowledges that its propor-
tionate share of Two Hundred Seventy Thousand, Three Hundred
Eighty-Six and no/100 Dollars ($270,386.00), as indicated on
Exhibit "A" hereto, constitutes a full and final satisfaction
and settlement of any and all claims that the undersigned City
has against Palm Beach County for violation of the road and
bridge tax statute, Section 336.59, Florida Statutes ( 1983),
" I
for the fiscal years 1982-83, and 1983-84 (The principal amount
of said Amended Final Judgment dated September 17, 1987 having
been previously paid by the County and received by the City).
The undersigned hereby authorizes Palm Beach County to
make the payment of the principal amount of the Amended Final
Judgment to each of the cities in accordance with the Summary
of Rebates Due Cities (Exhibit "A" hereto) which is incor-
porated into and made a part of this release.
IN WITNESS WHEREOF, we have hereunto set our hands and
seal this day of , 1991.
CITY OF DELRAY BEACH,
a municipal corporation
By
Attest:
Please forward check to:
2.
'"
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SUMMARY OF INTEREST PAYMENTS DUE CITIES
Road and Bridge Tax Case
City % of Ad Valorem Amount Due
Assessment
Atlantis 1.37 $ 3,322.68
Boynton Beach 8.70 2l,lOO.21
Delray Beach 13.36 32,402.16
Gulf Stream 1.04 2,522.32
Highland Beach 3.15 7,639.73
Juno Beach 1.18 2,86l.87
Jupiter 5.04 12,223.57
Lake Worth 5.23 12,684.38
Lantana 1.88 4,559.58
North Palm Beach 4.74 11,495.97
Ocean Ridge 1.35 3,274.17
Palm Beach l8.08 43,849.63
Palm Beach 5.61 l3,606.00
Gardens
Riviera Beach 8.30 20,130.08
South Palm Beach 1.33 3,225.66
Tequesta 2.31 5,602.47
West Palm Beach l7.33 42.030.64
Total to be distributed to Cities $ 242,531.l2
Reimbursement to Town of Palm Beach
for fees and costs 27,854.88
Total Award of Interest $ 270,386.00
EXHIBIT "A"
'"
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tJ711
SUBJECT: AGENDA ITEM # 9rn - MEETING OF FEBRUARY 26, 1991
DUNE RESTORATION PROJECT
DATE: February 19/ 1991
This item is before you to consider whether or not you wish to
participate in the County's proposal to jointly seek State grant
funding for enhancement of our existing dune system to include
walkovers, minor fill replacement, and revegetation,
The Palm Beach County Department of Environmental Resources Management
(DERM) has offered to include in its request for State Funding for FY
91/92 a $40/000 request for Delray Beach, As a rule the State funds
75% of dune restoration projects with the remaining 25% of funds
coming from local sources. DERM is asking that the City be prepared
to share in the local portion of funding (approximately $10/000),
should the State grant be approved.
Staff is currently preparing a study which will include a recommended
plan for conversion of existing access points to dune crossover
structures, This item will be brought before you for formal approval,
Should the Commission approve this plan/ the project would be built in
multiple phases/ using the proposed funding from the State, It should
be noted that/ if the City submitted a request for funding directly to
the State, we would be responsible for the entire local share.
Funding is available in the Beach Erosion Control Fund.
Recommend approval of request to support Palm Beach County's request
for State Funding for Fiscal Year 91/92 and authorize the allocation
of funding from the Beach Erosion Control Fund to serve as a
commitment to the local share provision for dune restoration projects
in Delray Beach.
-
C I T Y COM MIS S ION DOCUMENTATION
TO:~ON ~aCGREGOR-HARTY' CITY CLERK
_ ~~U~,_
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
RE: MEETING OF FEBRUARY 26, 1991
REQUEST FOR CITY COMMISSION AUTHORIZATION TO SUPPORT
PALM BEACH COUNTY'S APPLICATION FOR STATE FUNDING IN
FY 91/92
ACTION REQUESTED OF THE COMMISSION:
This is a request for Commission authorization to support
Palm Beach County's application for State funds in FY 91/92
for dune restoration projects to include Delray Beach and to
cost-share the local portion of funding with Palm Beach
County. City funds would need to be available in FY 91/92.
BACKGROUND:
Palm Beach County Department of Environmental Resources
Management (DERM) has offered to include a total of $40,000.00
for Delray Beach in its request for State Funding in FY 91/92.
City staff is completing a study of pedestrian beach accesses as
directed by the Comprehensive Plan. This study will be brought
before you soon and will include a recommended plan for
conversion of existing access points to dune crossover
structures. If approved, the project can be built in multiple
phases. The funds discussed above would represent one of these
phases.
The State is able to fund 75% of dune restoration projects with
the remaining 25% of funds coming from local sources. DERM has
asked that the City be prepared to share in the local portion of
funding to an as yet undetermined extent. The local share of
funds for this project will be $10,000.00. If the City had
submitted our own request for funding as we normally would, the
City would be responsible for the entire local share. City funds
for the project will be available in the Beach Erosion Control
Fund.
RECOMMENDED ACTION:
By motion, authorize the City Manager to support Palm Beach
County's request for State funding in FY 91/92 and express the
City's willingness to share in the local funding commitment for
dune restoration projects in Delray Beach.
JW/*2/DUNE2.TXT
--: / ~ /'-, .~
,--' {..!,(., ( "V~-('.
- ........
Boam of County Commissioners County Administrator
Carol J. Elmquist, Chairman Jan \V inters
Karen T, Marcus, Vice Chair
Carol A, Roberts
Ron Howard Department of
Carole Phillips Environmental Resources
Management
February 7, 1991
..If,:,
Mr. David Harden, Manager FEe 1 ",
,:) 1991
City of Delray Beach Cny IwIV:' ,
100 N.W. First Avenue I 1, ~>~ ~'.8 OFFICi.
Delray Beach, FL 33444
Dear Mr. Harden:
SUBJECT: PROPOSED DUNE RESTORATION PROJECTS WITHIN PALM BEACH COUNTY
FOR FY 91-92
As discussed during a January 23,1990 telecon with Mr, John Walker of the City
Planning Department, our Department is currently applying for State funding
for fiscal year 1991-1992 for dune restoration projects within Palm Beach
County. We are currently considering a minor dune restoration project within
Delray Beach at the Delray Public Beach, The project would be designed to
enhance the existing dune system, Mr. Walker has suggested incorporating a
segment of his proposed master plan for enhancing the Delray Public Beach/dune
system into our 1991-1992 State funding cycle. The project would include
walkovers, minor fill placement, and revegetation,
Please indicate whether you would support a dune restoration project at the
Delray Public Beach and whether you would consider cost sharing in the
project. A written response is requested as soon as possible in order to meet
funding application deadlines.
If you have any questions, please feel free to contact Ms, Kerry Klein at
(407) 355-4011.
~~~ t~~
1 f ,
(:;7~ 1~'-07LC-f .1-~~ ~~
;.~ bt~ tt;Ct
Richard E, Walesky, Director
Department of Environmental Resources t~ rl(1e My, ,
REW:KK
CC: John Walker, Project Coordinator
Delray Beach Planning Department
3111 SOUTH DIXIE HWY.. SUITE 146
WEST PALM BEACH, FLORIDA 33405
(407) 355-4011
SUN COM 273-4011
@ printed on recycled paper
,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~ - MEETING OF FEBRUARY 26, 1991
BEACH NOU~ISHMENT PROJECT/COUNTY PERMITTING
DATE: February 19, 1991
Palm Beach County Department of Environmental Resources Management
(DERM) has taken a number of actions during 1989 and 1990, which seem
part of a pattern of expansion in permitting jurisdiction. Attached
as backup material for this item is a summary of those actions. The
Commission needs to be aware of the developing pattern and assess the
effect on Delray Beach, Therefore, this item was placed on your
agenda for discussion.
.
PLANNING AND ZONING DEPARTMENT
MEMORANDUM
't-
TO: David J. Kovacs, Director
Planning and Zoning ~ :
FROM: John Walker IJ! ti/.J;tp/
Project Coordinator C ~
DATE: December 19, 1990
SUBJECT: BEACH NOURISHMENT PROJECT
COUNTY COORDINATION.
Palm Beach County Department of Environmental Resources Management
(DERM) has taken a number of actions during 1989 and 1990, which
seem part of a pattern of expansion in permitting jurisdiction.
This expansion would affect municipalities as well as unincorporated
areas; City-owned projects as well as those of private developers.
This summary of the actions . is meant to put DERM's efforts in
perspective so that City decision-makers can be aware of any
developing patterns and assess their effect on Delray Beach. This
assessment will allow the City to take a logical and consistent
position in their relationships with P8lm Beach County.
Backup material, including staff memos and reports are attached as:
Appendix A Ordinance 78-5
Appendix B Legislative Changes
Appendix C Ordinances 90-2 and 90-5
Appendix D County/FDER Delegation Agreement
Appendix E County FDNR Delegation Agreement
ORDINANCE 78-5
In January, 1989, DERM notified the Town of Palm Beach that a permit
application is required for their beach restoration project under
Ordinance 78-5. This is the Environmental Control Ordinance,
covering food establishments, day-care, air pollution, solid waste
disposal construction in or over surface water, and other health
department related matters. To my knowledge "surface water" had
never been defined to include the ocean. This matter was reviewed
by our City Attorney, who concluded that Palm Beach County would not
have permitting authority over Delray Beach's Renourishment Project
under this Ordinance.
-
David J. Kovacs
Beach Nourishment Project - County Coordination
December 19, 1990
Page 2
In July 1989, DERM seht Delray Beach a notice that a permit
application is required pursuant to Ordinance 78-5 for the City's
Beach Nourishment Project. They had been sent a copy of the Florida
Department of Environmental Resources (FDR) application in
accordance with their function as a Local Review Agency in the State
permit process. After internal reviews by staff, the City Manager
met with the County Administrator to discuss the project. As a
result, the City informed by DERM in February, 1990, that no dredge
and fill permit was required.
LEGISLATIVE CHANGES
Early in 1989, DERM introduced a proposed Bill to the Legislative
Delegation. This Bill would amend the State's Environmental Laws to
expand the role of the Environmental Control Board to include
enforcement of the Florida Department of Natural Resources (FDNR)
rules, and name DERM as enforcement officers for FDNR and FDER
rules. Based on DERM's interpretation of Ordinance 78-5, this could
have provided a basis for expansion of permitting authority over the
City's Beach Nourishment project_ The proposed Bill was not carried
forward by the Legislative Delegation.
ORDINANCES 90-2 and 90-5
'.
These Ordinances cover Coastal Protection (90-2) and Wetlands
Protection (90-5). Both impose County permitting authority within
municipalities. Both include Beach Nourishment as a regulated
activity. Staff became aware that these Ordinances were being
proposed in November, 1989, and requested opposition by the City.
Apparently, municipalities were not asked to comment on these
proposed Ordinances. Both Ordinances were adopted in January, 1990,
without comment by the City of Delray Beach. The City subsequently
adopted Ordinance 34-90 which opted out of 90-2. County Ordinance
90~5 was adopted by reference as part of our Land Development
Regulations. ,
COUNTY/FDER DELEGATION AGREEMENT
In October, 1990, staff became aware that DERM is negotiating with
FDER for delegation of certain permitting activities. Included in
the delegation are Biological appraisals of Standard Form
Applications (including Beach Nourishment), and processing of
Short-form Applications (such as docks, piers, etc. ) .
.
David J. Kovacs
Beach Nourishment Project - County Coordination
December 19, 1990
Page 3
COUNTY/FDNR DELEGATION nGREEMENT
This month, staff found that DERM has requested that FDNR delegate a
portion of their permitting responsibilities to Palm Beach County.
This permitting authority covers construction between the Coastal
Construction Control Line and the Mean'High Water Line.
It seems to me that a clear pattern emerges. DERM is using every
avenue available to concentrate regulatory authority over Coastal
Construction, private and public, in Palm Beach County. In my
opinion this is not in the best interest of Delray Beach and its
citizens for the following reasons:
1- To implement added responsibilities, DERM will grow larger with
increasing costs to the taxpayers in personnel and facilities.
Effectively, another layer of government regulations will be
added at local expenses; regulations are already in place at the
State level.
2. The current State-wide system insures consistency in applying
regulations. Inserting another staff to deal exclusively with
Palm Beach County could lead to wide variations in applying
regulations. This could lead to an increase in legal appeals
and possible weakening of Environmental Control through the
courts if application is found inconsistent. Appeals could
also result in increased costs toche taxpayer.
3. These efforts represent an incursion into the City's
jurisdiction without its consent, clearly a violation of the
"home rule" concept.
It is my recommendation that the City Commission be given the
opportunity to review this matter as a single issue, with input from
the City Attorney and City Manager. if it is found that these
efforts are not in the best interest of the City, resolutions should
be sent to the County Commission, Municipal League, Legislative
Delegation, FDER, FDNR, and the Governor opposing these efforts to
expand permitting jurisdiction.
JW/lh
Attachments
JW/#l/COUNTY.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[91~
SUBJECT: AGENDA ITEM # lQjj - MEETING OF FEBRUARY 26, 1991
ORDINANCE NO. 8-91
DATE: February 14, 1991
This is a second 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
organizations; 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
maintenance; 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.
."
~, I ~... I' _
,'- / ;<{. (~7<;'''''''<'' ff~J ~~
DEPARTMENT OF ENVIRONMENTAL SERVICES
M E M 0 RAN DUM
TO: DAVID T. HARDEN
CITY MANAGER /
THRU: WILLIAM H. GREENWOOD ~4~l!L/~(
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: ROBERT TAYLOR ~l
DEPUTY DIRECTOR OF ENVIRONMENTAL SERVICES/PUBLIC WORKS
DATE: FEBRUARY 12, 1991
SUBJECT: STORMWATER UTILITY
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
It may be helpful for yourself and the City Commission to see a comparison
of some of the main attributes of the City's Stormwater Utility to those of
other Utilities. Below is a comparison of the size of the ERU, the method
of treating condominiums, and the base rate ($/ERU).
CONDO BASE RATE
CITY ERU (FT2) BILLING ($/ERU)
PSL 2,280 1 ERU $ 3.33
Orlando 2,000 *MAX 1 ERU $ 3.00
Gainesville 2,300 **0.70 ERU $ 3.75
***WPB 2,056 1 ERU $ 3.50
Daytona 2,257 - -
Tallahassee 2,658 - -
Oakland Park 2,524 1 ERU $ 1.00
Ocala +1,948 1 ERU $ 2.00
Delray Beach 2,502 *MAX 1 ERU $ 2.25
* Based on the density of each individual condominium development, with
a maximum of 1 ERU per unit.
** Includes apartments. Actual size factor was 0.5 ERU, however since
Gainesville bills tenants, the 0.7 includes factors for vacancy and
delinquent payments.
*** Proposed program.
+ Includes condominiums, apartments, etc. Impervious area for single
family residential units was 2,474 square feet.
If you have any questions regarding this information, please contact me at
Ext. 7337.
RT:kt
cc: File RTPWSU - Stormwater Utility
Interoffice Files: Memos to David T. Harden, City Manager
William H. Greenwood, Director of Environmental Services
I
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER 4/1),g
THRU: WILLIAM H. GREENWOOD
DIRECTOR or ENVIRONMENTAL SERVICES
FROM: ROBERT TAYLOR t~-(
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 LWOD,
3) Provide a 25' discount for properties which
maintain their own streets and drainage systems,
4) Provide for discounts for properties not located
within LWOD, 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: ~s to David T. Harden, City Manager
Susan Ruby, Assistant City Attorney
Attachment
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___u____o____.___ ~_._ ---- .. -.- -- -------------
- ~----_. -------~._-_._-----
-, _.._._- ._----_._--_._~--_.- ----- _.~-~-
~- -- -.-----
"Non-Assessed Property" s ha 11 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 fi ted Area which may be determi.ned
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 folluwinq ~
classifications7 and may be entitled to add i. t Lon,l L
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 ftfty-three-pereent-t53~t
of -one -tit -ERI::l a numerical factor to be determined
by dividinq the total impervious area of the
property (in square feet) by the impervious square
footaqe per one ( 1 ) 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.
2
ORD. NO. 8-91
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_0- _____ __.______ .. -- - -~--_._-~--.._- ------
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 thls
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, su,~h
decision shall not affect the validity of the remainder hereof uS d
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, s ha II
be filed with the Department of State.
PASSED AND ADOPTED in regular session on second and tinul
reading on this, the day of , 1991.
"
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
4
ORD. NO, 8-91
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--- .- -- - --_.._------~_.__.
__-0 .__~._._~_.._..___._ "_.___________..____________~,_____
----_..~_...._-_..._. --~-_._-_..---- . -. .._--_.._-------~_.._--_..
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
ORGANIZATIONS; 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) 1 ( 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),
TO DELETE PROHIBITIONS ON ADJUSTMENTS FOR
RESIDENTIAL PROPERTIES AND CONDOMINIMUM UNITS, 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 Delray Beach,
Florida desires to amend Ordinance 21-90 which created Chapter 56,
"Stormwater", of the Code of Ordinances of the City of Delray 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
'i the City of Delray Beach, Florida, be, and the same is hereby amended by
il amending, "Non-Assessed Property", to read as follows:
II
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--.---.-.-- --.---...-....---...---..-......- .-.-- .'__.on
---..----.-- ----
-------.- ----_.~---- ~_ _u.._._._.__ __.-.__'__' .____.___________.____________.___.__.. _____._____.__. __. .....___.. ------,--
"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 Benefited 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 fif~y-~hree-pereen~-t53%t
of-one-tit-ER~ a numerical factor to be determined
by dividinq the total impervious area of the
property (in square feet) by the impervious square
footaqe per one ( 1) 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 56.16(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.
2
ORD. NO. 8-91
.,"
I
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 f Hty percent I
(50%) discount) because the property is served by a I
Private Street Drainage System, which is not maintained
by the City. I
Section 5 That Ti tle 5, "Public Works", Chapter 56,
"Stormwater", Section 56,16, "Establishment of Rates for StormwaLer
Management Assessments", be and same is hereby amended by enacting a newl
paragraph (E) , to read as follows: I
I
(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
deleting language in paragraph (A) and by enacting a new subparagraph 6,
to read as follows:
Section 56.17 Adjustment of Stormwater Manaqement Assessments
(A) Owner-Initiated Adjustments. Requests for adjustment of the
Stormwater Management Assessment shall be submitted to the
Director, who shall have authority to adjust Stormwater Management
Assessments, to administer the procedures and standards, and to
review criteria for the adjustment of such assessments as
established herein. In the review of adjustment requests,
consideration shall be given to properties with valid Surface Water
Management Permits indicating the provision of functional
retention facilities, All -reqtles~s -from -owners -of -Residen~iol
Proper~y-to~her-~hon-~he-owner-of-o-sin91e-fomily-residen~ial-tlni~
or-residen~ial-eondominitlm-tlni~t-sholl-be-reviewed-strie~ly-on-~he
bosis-of-the-omotlnt-of-fmperviotls-Area-on-the-property-ond,-when
applieoble,-on-the-bosis-of-the-ntlmber-of-individtlal-dwellin9-tlnits
existin9-on-the-property~--No-reqtlests-for-adjtlstments-mode-oy-an
3
ORD. NO, 8-91
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ewner --ef --a --single --family --resident:ial --unit: --er --residential
eondominium -unit: -shall -tie -eon~idered. The following procedures
shall apply to all requests for adjustments of the Stormwater
Assessment permitted under this Chapter.
1, Any owner who believes the Stormwater Management Assessment is
incorrect may, subject to the limitations set forth in this
Section, submit an adjustment request to the Director,
i
2. The adjustment request shall be in writing and shall set
forth, in detail, the grounds upon which the correction is
sought,
3, If the Uniform Collection Method is being used by the City"
the adjustment request must be made within sixty (60) days I
after receipt by the owner of his or her tax bill containing
the Stormwater Management Assessment, If the Interim
Collection Method is being used by the City, the adjustment
request must be made during the Year the Stormwater Management
Assessment is imposed. The adjustment request will be
reviewed by the Director within a four (4) month period from
the date of filing of the adjustment request. Consideration
by the Director of the owner's request for adjustment shall
not relieve the owner of the obligation to make timely payment
of the Stormwater Management Assessment, In the event an
adjustment is granted by the Director which decreases the
Stormwater Management Assessment, the owner shall be entitled
to a refund of the excess Stormwater Management Assessments
paid. If the Uniform Collection Method is being used by the
City, the refund shall be mailed by the Palm Beach County Tax
Collector (the "Tax Collector") unless the Tax Collector and
the City agree otherwise,
4, The owner requesting the adjustment may be required, at his
own cost, to provide supplemental information to the Director
including, but not limited to, survey data certified by a
professional land surveyor and/or engineering reports approved
by a professional engineer and acceptable to the Director,
Failure to provide such information may result in the denial
of the adjustment request.
5. The adjustment to the Stormwater Management Assessment will be
made upon the granting of the adjustment request, in writing,
by the Director. The document granting the adjustment request
will be provided to the owner and, if the Uniform Method of
Collection is being used by the City, the document will also
be sent to the Tax Collector, A denial of an adjustment
request shall be made in writing by the Director, a copy of
which shall be provided to the owner,
6. All Non-Residential Properties located within the Lake Worth
Drainaqe 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 Drainaqe Systems on-site shall be eligible for an
adjustment based on on-site retention of stormwater.
4
ORD, NO. 8-91 I
I
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 i
ordinance or any portion thereof, any paragraph, sentence, or word be]
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid. I
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 th1" the 26th day of F~~"
MAY 0
ATTEST:
f'. " ' ' , 6~
; ; .~ L! "
UiI"Y'T' if /)/' ,n/I ('11'7 j. /
City Clerk /
First Reading February 12, 1991
Second Reading February 26, 1991
5
ORD. NO. 8-91
.1(.
I
, MEMORANDUM (uJ I ~ (5fI ~ IY
.
(jcJP /
TO: MAYOR AND CITY COMMISSIONERS ~\ g\ ~r
FROM: CITY MANAGER t-iI7'1 1 \6' I
SUBJECT: AGENDA ITEM # I~ ~ - MEETING OF JANUARY 29, 1991
ORDINANCE NO. 8-91
DATE: January 25, 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 property; 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 maintenance; 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. If you wish to eliminate any of the
modifications, the caption can be amended upon first reading. It
should be noted that if the Commission decides to approve this
ordinance upon first reading, adoption of Resolution No. 118-91 would
have to be delayed until second reading, Alternatively, you may wish
to determine (by a two-thirds vote) that the enactment of this
amending ordinance is an emergency, in which case Resolution No.
118-91 could be adopted immediately after action on this ordinance.
Also in response to the January 22nd workshop, City Staff has:
(1 ) Verified the average floor space for single family residences
and the square footage allowed for driveways, patios, etc.
( 2) Computed the revenue loss if all tax exempt properties are
excluded.
(3) Begun an investigation of the possibility of treating con-
dominiums the same as buildings under one ownership.
Detailed information on these matters will be forwarded to the Co~~ission
as soon as possible.
..
.
~
I
CITV ATTORNEY'$ OFF~CE TEL No. 407 278 4755 Jan 25,91 12:45 P.02
~ F'IL--
.; , ~
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[ITY aF aELAAY BEAEH ..~'~;:"i~'( c fiJ :tft~'f1 /
-=---
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"R . .11,,,' '~",..lo1111':~ ,,~I'~'~"~':.:Io_'\Io''''_~_'';{''"~ ~~i',",,~'. 7",.""". ';'
CITY ATTORNEY'S OFFICE 310 S.E. 1st STREl::T, SUITE 4 . DF,l.RA Y lU:ACIt. f I ,QRIDA 33483
407/243-7090 . TELECOPIER 407/2784755
MEMORANDUM
Date: January 24, 1991
'1'0 : City Commission
From: Susan A. Ruby, Ass1stant City Attorney
Subject: Stormwater Utility Amendment to Ordinance 21-90
The ordinance before you amends Ordinance 21-90 and provide5
that tax exempt property shall be included in the definition of
non-assessed property and, therefore, tax exempt properties
shall not be responsible for the Stormwater Management
AsseS5ment. In addition, the ordinance establishes a discount
for properties located within the Lake Worth Drainage District
and further pro v ides a discount for those properties that are
served by a private street drainage system which is not
maintained by the city. The ordinance also addresses
adjustments for non-residential properties with ' private
drainage systems on-slte.
If the Commission desires to e11minate any or the above stGted
modifications to Ordinance 21-90, the caption can be modified
upon its first reading to reflect the desires of the City
Conunission.
The City Commission consi(iered but did not adopt Resolution
118-90 at its December 11, 1990 meeting. The body of
RelSolution 118-90 need not be amended to reflect any changes
you may make by virtue of amending Ordinance 21-90, however,
the exhibits to Resolution 118-90 may need to be altered to
reflect the Commission's direction regarding discounts and tax
exempt properties if the direction effects the rGtes or the
budget, as contained in the exhibits.
If the Commission decides to amend Ordinance 21-90 with this
ordinance it will delay the ability to adopt Resolution 118-90
until the second reading of the ordinance is accomplished. If
the Commission, however, determines (by a two-thirdS vote) that
enactment of this amending ordinance is an emergency, they may
enact this ordinance with one reading, and after adoption may
adopt Resolution 118-90 setting forth the rates and the budget
with modified exhibits.
."
CITY ATTDRNEY'S OFFICE TEL No. 407 278 4755 Jan 25.91 12:45 P.03
.
Please do not hesitate to contact our office should you desire
!~n!Ormatl0n.
SAR:ci
cc David Harden, City Manager
Alison Hardy, City Clerk
Rob Taylor, Deputy Director of Environmental Services /
Public Works
I
CITY ATTORNEY'S OFFICE TEi... No, 407 278 4755 Jan ':5 .~: :::J6 :: . =.J
,
ORDINANCE NO. 8-91
AN ORDINANC~ 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, IH AMENDING
SECTION 56.04, "DEFINITIONS", 'ra PROVIDE THAT THE
D~FINITION OF "NON-ASSESSED PROPERTY" SHALL INCLUDE
TAX-EXEMPT PROPERTY; BY AMENDING SECTION 56.15,
., IMPOSITION OF STORMWATER MANAGEMENT ASSESSMENT,
CLASSIFICATION AND CRIT~RIA", SUBSECTION (B) , TO
INDICATE THE AVAILABILITY OF DISCOUNTS; BY REPEALING
S~CTION 56.16, "ESTABLISHMENT OF RATES FOR
STORMWATER MANAGEMENT ASSESSMENTS", SUBSECTLON (D)
AND ENACTING A NEW SUBSECTION (0), 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 DET~RMINATION OF
IMPERVIOUS AND TOTAL AREAS OF A PARCEL; BY AMENDING
SECTION 56.17, "ADJUSTMENTS OF STORMWATER MANAGEMENT
ASSESSMENTS", SUBSECTION (AI BY ENACTING A NEW
SUBPARAGRAPH 6, TO PROVIDE FOR AN ADJUSTMENT FOR
NON-RESIDENTIAL PROPERTIES NOT LOCATED Wl'l'HIN THE
LAKE WORTH DRAINAGE DISTRICT WITH PRIVATE DRAINAGE
SYSTf,;MS ON SITE; PROVIDING A SAVING CLAUSE;
PROVIDING A GENERAL REPEALER CLAUSE; AND PROVIDING
AN ~FrECTIVE DATE.
WHEREAS, the City Commission of the City of De1ray Beach,
Florida desires to amend Ordinance 21-90 which created Chapler 56,
"Stormwater", of the Code of Ordinances of the City of Delray Beach,
FloridA, for the purpose of providing certain discounts in order to
enhanc~ ra~e 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, "Stormwaler", of the Code of Ordinances of the City of
De 1 ra y Beach, Florida, to provide that tax-exempt properties 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", ChAptwr ~6,
"Stormwater", Section 56,04, "Definitions", ot the Code of Ordinances of
lhe City of DelrAY Beach, Florida, be, and the same is hereby amended by
amending, "Non-Assessed Property", to read as tollows:
, "Non-Assessed Property" shall mean public rights-ot-'wAY,
V lakes, rivers, and other bodies of water not utilizing or
~ having a direct or indirect impact on the System, tax-exempt
\}' 't:!' properties, and such other properties within the Bene! Hed
Area which may be determined by the Director to be exempt from
the payment of the "Stormwater Management. Assessment".
'" 1.,.11 I
CITY ;TTORNEY'S OFFICE TEL No, 407 278 4:-'55 .Ian ':5. ? 1 :.:::r =
-,..-
Section 2. That Title 5, "Public Works", Chapter 56,
"stormwater", Section 56.15, "Imposition of Stormwater Managemellt
Assessment, Classification and Criteria", subsection (B) , be and the
same is hereby amended, to read as follows:
( B) For purposes of imposing the SturmwaLer Management
Assessment, all parcels of land, other than Non-Assassed
property, shall have one of the following
classifications. and may be entitled to additlandl
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
Manl1gement Assessments", subsection (D) is hereby repealed and a new
subsection (D), be, and the same is hereby enacted to read as follows:
(0) All properties are subject to the rate CldlOsificat.ions
contained within Section 56.l6(C). However, !lome
properties may be entitled to cumulative discounts. The
discount rat.. are as tollows:
1. "Lake Worth Drainage District".
(a) All properties located within the Lake Wor.
Drainage District, 4S indicated by the Palm
Beach County name-address-legal file (NAL),
shall receive a twenty-five percent (25\)
di.count.
2. "privately Maintained Street Drainage Systems".
(a) All properties for which the City does not
provide for the maintenance of street drainage
syst.ems shall receive 4 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 4 twenty-five percent
(2") discount for being located within the Lake Worth
Drainage District, plus, an additional twenty-five
percent (25\) discount (for a total ot a fHty percent
(50') discount) because t.he property is served by a
Private Street Drainage System, which 15 not maintained
by the Ci:y,
.
Section 4. . 'l'hat Title 5, "Public Works", Chapter 56,
"Stormwater", Section 56.16, "EStablishment of Rates tor Sturmwdtec
2
ORD. NO. 8-91
I
. CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 25.31 ~':::47 ~ '1-
,.. ..~ t'
Management Assessments", be and same is hereby amended by enacting a new
paragraph (E), to read as tollows:
(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"), or from information
provided by the owner of such parcel if the information
from the MAF iB 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 5. That Title 5, "Public Works" , ChapLet 56,
"Stormwater", Section 56.17, "Adjustment of Stormwater Management
Assessments", subsection (A) , be and the same is hereby amended by
cnacting IS new subparagraph 6, to read as follows:
6. All Non-Residential Properties located within thtJ Lake
Worth Drainage District with Private Drainage Systems on
site shall nat be eligible for an adjustment based on
on-sit.e retention of stormwater. All other
Non-Residential properties with Private Drainage Systems
on-site ahall be el1qible for an adjustment based on
on-site retention of etormwater.
Section 6. That all ordinances or parts ot ordinances which
are in conflict herewith are hereby repealed.
Section 7, That should any section or provision oC this
ordinance or any port ion thereof, any paragraph, sentence, or word be
declared by a court of competent jur1&diction to be invalid, such
I decision shall not affect the validity of the remainder hereof
as a
whole or part thereof other than the part declared to be invalid.
Section 8. This Ordinance ahall become eftective inullediately
upon it.s passage, A certified copy of this Ordinance, as enacted, IS ha 11
be filed with the Department of State.
PASSED AND ADOPTED 1n regular session on secund and final
readinq on th.Ls, the day of , 15191,
MAYOR
A'l'TEST:
city Clerk
firat Reeding
Second Readin9
J
ORO. NO. 0-91
."
,
"
..
,
[ITY DF DELHA' BEA[H
CITY ATTORNEY'S OFFICE 310 S.E. 1st STREET, SUITE 4 . DELRA Y BEACH, FLORIDA 33483
407{243-7090 . TELECOPIER 407{278-4 7 55
MEMORANDUM
Date: January 24, 1991
To: City Commission
From: Susan A. Ruby, Assistant City Attorney
Subject: Stormwater Utility Amendment to Ordinance 21-90
The ordinance before you amends Ordinance 21-90 and provides
that tax exempt property shall be included in the definition of
non-assessed property and, therefore, tax exempt properties
shall not be responsible for the Stormwater Management
Assessment. In addition, the ordinance establishes a discount
for properties located within the Lake Worth Drainage District
and further provides a discount for those properties that are
served by a private street drainage system which is not
maintained by the City. The ordinance also addresses
adjustments for non-residential properties with private
drainage systems on-site.
If the Commission desires to eliminate any of the above stated
modifications to Ordinance 21-90, the caption can be modified
upon its first reading to reflect the desires of the City
Commission,
The City Commission considered but did not adopt Resolution
118,90 at its December 11, 1990 meeting, The body of
Resolution 118-90 need not be amended to reflect any changes
you may make by virtue of amending Ordinance 21-90, however,
the exhibits to Resolution 118-90 may need to be altered to
reflect the Commission's direction regarding discounts and tax
exempt properties if the direction effects the rates or the
budget, as contained i~ the exhibits.
If the Commission decides to amend Ordinance 21-90 with this
ordinance it will delay the ability to adopt Resolution 118-90
until the second reading of the ordinance is accomplished. If
the Commission, however, determines (by a two-thirds vote) that
enactment of this amending ordinance is an emergency, they may
enact this ordinance with one reading, and after adoption may
adopt Resolution 118-90 setting forth the rates and the budget
with modified exhibits.
,
.
Please do not hesitate to contact our office should you desire
further information.
4f)1Z
SAR:ci
cc David Harden, City Manager
Alison Hardy, City Clerk
Rob Taylor, Deputy Director of Environmental Services /
Public Works
-
." I
-.-._- .
"
OHDINANCE NO.
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 PROPERTY; BY AMENDING SECTION 56.15,
"IMPOSITION OF STORMWATER MANAGEMENT ASSESSMENT,
CLASSIFICATION AND CRITERIA", SUBSECTION (B) , TO
INDICATE THE AVAILABILITY OF DISCOUNTS; BY REPEALING
SECTION 56 .16 , "ESTABLISHMENT OF RATES FOR
STORMWATER MANAGEMENT ASSESSMENTS", SUBSECTION (D)
AND ENACTING A NEW SUBSECTIO~ ( 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 CLAUSEi AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida desires to amend Ordinance 21-90 which created Chapter 56,
"Stormwater", of the Code of Ordinances of the City of Delray 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,
f'lorida 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 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:
"Non-Assessed Property" shall mean public rights-ot-way,
lakes, rivers, and other bodies of water not utilizing or
having a direct or indirect impact on the System, tax- exempt.
properties, and such other properties within the Benefited
Area which may be determined by the Director to be exempt from
the payment of the "Stormwater Management Assessment".
~J .\. oJ" .
.
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 followinq
classifications-;- and may be entitled to additionaJ
discounts pursuant to Section 56.16.
l. 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 StormwaU~r
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 56.16(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.
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 percenL
(50%) discount) because the property is served by a
Private Street Drainage System, which is not maintained
by thE-! City.
.
Section 4. . 'rhat 'ri tIe 5, "Public Works", ChapteL' 56,
"Stormwater", Section 56.16, "Establishment of Rates for Stormwater
I
2
ORD. NO.
..,' ~"'., .... ,
.
ManagemE~nt 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"), 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 5 . That Title 5, "Public Works", Chapter 56,
"Stormwater", Section 56.17, "Adjustment of Stormwater Managf~men t
Assessments", subsection (A) , be and the same is hereby amended by
enacting a new subparagraph 6, to read as follows:
6. All Non --Res idential 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.
Section 6 . That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 7. That should any section or provision of this
ordinance or any: portion thereof, any paragraph, sentence, or word be
declared by a .court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 8. 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
Arl"l'Esrr:
._._.-----_._--~_._---
City Clerk
First Reading
Second Reading ------
I
3
ORD. NO.
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
organizations; 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
maintenance; 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 --I (~~)
on ,5-+- eSAD ~11d--1 q I
.
DEPARTMENT OF ENVIRONMENTAL SERVICES
MEMORANDUM
'"
TO: DAVID T. HARDEN
CITY MANAGER ~I);&
THRU: WILLIAM H. GREENWOOD
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: ROBERT TAYLOR to-(
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 !:i 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
-_. ---~-----" .--.-- . -_.._.._._-_....._~._--------~---~._. .---
____..,_._____ __.__u_._ __. __ _ _. ._._._..________ '__'_'___'___'_~__ .._____._
---- ---'--- .----. ._~--------- ---.--.-- --------_..--_._.._---~.
~._-._--~.._.- --- -.- - .-.-------.--------.-
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 ZATIONS; 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) 1 (B), TO PROVIDE A FORMULA FOR ASSESSMENTS FOR
RESIDENTIAL CONDOMINIUM UNITS; BY REPEALING SECTION
56.16, "ESTABLISHMENT OF RATES FOR STORMWATER
MANAGEMENT ASSESSMENTS", SUBSECT ION (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 Delray Beach,
Florida desires to amend Ordinance 21-90 which created Chapter 56,
"Stormwat.er", of the Code of Ordinances of the City of Delray 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 l. That Title 5, "Public Works", Chapt.er 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:
---- -- - - --'~-,---'--'- --------_.__....__..._----_._~~.~---_._._-- --<
-..--.- -.-..-----.------ --..---.--.- ---.- -~,..._---~ -----~--- .-_.- ---, ----
._---~---------.---_._--_.~-- .__._---------~._~ ~._---_.__..----.__._--_.--_._-_._--
-------..-. ---- ------
"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 Benefited 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 '\
classifications7 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)l.(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 fifty-three-pereent-t53%t
of -one -tit -ERtJ a numerical factor to be determined
by dividinq the total impervious area of the
property (in square feet) by the impervious squa re
footaqe per one ( 1) 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 (0) is hereby repealed and a new
subsection (0) , be, and the same is hereby enacted to read as follows:
( 0) All properties are subject to the rate classifications
contained within Section 56.16(C). However, some
properties may be entitled to cumulative discounts. The
discount rates are as follows:
l. "Lake Worth Drainage District".
(a) All properties located within the Lake Worth
Drainage District, as indicated by the Palm
Beach County name-address-Iegal file (NAL) ,
shall receive a twenty-five percent (25\)
discount.
2
ORD. NO. 8-91
. __ ____n_ __. _n. .__. _ __ _ _ _ _ _ __ _ _ _. _ n.___ __ _ ____.~ . .__..______H .~_.__._---
---. - --- .--..-- _.--- _.-._----~--~--.~----_.__._----~-----_.-
- .~------ ------ ------_.._-------_._--~--------~----
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 maintaineJ .
by the City.
Section 5 That Title 5, "Public Works", Chapter 56,
"Stormwater", Section 56.16, "Establishment of Rates for StormwaLer:-
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 prov ided 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
As~essments", 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
.
-~ -~.- .---- ------. ..-.----.---- ~--- ~ _.--_.--._---~ . ~._- -,----,. ._--,- ..---- --- -
- -.------ .---------..-- - ~_.~------------------ ._-
. -. .. . _ -,.-.. -- _ _ -_..- _ .... _ . .- .' ----.- _ ,.- '. --.- - .. --.
Section 7. That all ordinances or parts of ordinances which
are in dbnflict 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
."
DEPARTMENT OF ENVIRONMENTAL SERVICES
J
M E M 0 RAN DUM
TO: DAVID T. HARDEN
CITY MANAGER
THRU: WILLIAM H. GREENWOOD
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: ROBERT TAYLOR '61
DEPUTY DIRECTOR OF ENVIRONMENTAL SERVICES/PUBLIC WORKS
DATE: FEBRUARY 20, 1991
SUBJECT: STORMWATER UTILITY
ADOPTION OF RATES, BUDGET AND ASSESSMENT ROLL
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
On the agenda for the City Commission meeting of February 26,
1991 are the second reading of the Stormwater Utility amending
Ordinance 8-91 and Resolution 118-90 for the adoption of the
rates, budget, and assessment roll. Resolution 118-90 and the
accompanying exhibits are attached for your review.
As evidenced by Exhibit B, the proposed base rate is still
$ 2.25/ERU, but the rate structure has been modified to reflect
the change in the method of determining condominium assessments
and the provision of discounts for certain properties. As
evidenced by Exhibit A, the new budget has been reduced from the
1990-1991 approved budget of $ 908,597 to $ 870,000. The change
in projected revenue is a result of the correction of some data
errors in the Palm Beach County records and some modifications to
the rate structure. previously it had been anticipated that
revenues in excess of $ 1,000,000 could be generated, allowing
additional capital projects to be funded through this source.
Due to time delays, these projects are now not projected to go to
construction until the 1991-92 fiscal year anyway.
If you have any questions regarding these matters, please do not
hesitate to contact me.
RT:kt
cc: File RTDHSWUl - Stormwater Utility
William H. Greenwood, Director of Environmental Services
Interoffice Memos: Memos to David T. Harden, City Manager
Susan Ruby, Asst. City Attorney II
Attachment
". .
RESOLUTION NO. 118-90
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE
STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR
STORMWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL
WITHIN THE BENEFITED AREA, OTHER THAN NON-ASSESSED
PROPERTY; PROVIDING FOR A PUBLIC HEARING, ALL IN
ACCORDANCE WITH ORDINANCES NO. 21-90, 49-90 AND 8-91
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, AND RELEVANT STATUTORY AUTHORITY;
PROVIDING THAT UPON ADOPTION OF THIS RESOLUTION AND
ADOPTION OF THE STORMWATER MANAGEMENT ASSESSMENT
ROLL, THE CITY IS AUTHORIZED TO BILL AND COLLECT
STORMWATER MANAGEMENT ASSESSMENTS.
WHEREAS, the City Commission of the City of Delray Beach,
Florida did, on July 6, 1990, adopt Ordinance No. 21-90 which enacted d
new Chapter 56, entitled, "Stormwater" of the Code of Ordinances of the
City of Delray Beach, Florida, which provides for the creation and
establishment of a City-wide Stormwater Management System; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, did, on October 23, 1990, adopt Ordinance No. 49-90 which!
enacted a new Section 8.4.16, entitled, "Stormwater Management Assess - i
ments", amending the Land Development Regulations of the Code of
Ordinances of the city of Delray Beach, Florida, which provided for the
method of establishing and collecting Stormwater Management Assessments;
and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, did, on February 26, 1991 adopt amending Ordinance 8-91, which
amends certain definitions and the rates to provide for certain
discounts and adjustments; and,
WHEREAS, the statutory authority for the creation and imple-
mentation of Ordinance 21-90, Ordinance 49-90 and Ordinance 8-91 and is
predicated on Article VIII, Section 2 (b) of the Florida Constitution;
Chapter 166, Florida Statutes, as amended and supplemented; Section
403.0893, Florida Statutes, as amended and supplemented; Chapter 1']7,
Florida Statutes, as amended and supplemented; the City Charter of the
City of Delray Beach, Florida; and other applicable provisions of law;
and,
WHEREAS, the City Commission of the City of the City of Delray
Beach, Florida, has found that owners, tenants and occupants of property
within the geographical boundaries of the City will derive a special
benefit from the effective management of stormwater and other surface
water and from the operation, maintenance and expansion of the
stormwater management system; and,
WHEREAS, Ordinance 21-90 as amended by Ordinance 8 -91
establishes that the rate for Storn~ater Management Assessments for each
parcel within the benefited area, other than respect to non-assessed
property, shall be established each year by resolution of the City
Commission; and,
I
WHEREAS, Ordinances 21-90, as amended by Ordinance 8-91 and
49-90 provide that such rate resolution shall not be adopted prior to
the establishment of an operational budget for the system or prior to
conducting a rate hearing as required by applicable law; and,
WHEREAS, Ordinance 21-90 provides that such budget shall
include, but not be limited to a capital element, a debt service element
and an 0 and M element and further requires that the rate hearings and
rate resolution shall clearly establish what portion of the Stormwater
Management Assessment reflects the capital element, the debt service
element, if any, and the 0 and M element; and,
WHEREAS, Ordinance 21-90 provides that the initial stormwater
budget shall also include, but not be limited to, all costs of creating
the system, including legal fees and expenses and the fees and expenses
of the Consulting Engineer, the reimbursement of the City's general fund
for any monies (other than the proceeds from voter-approved debt)
appropriated to pay the cost of making additions, extensions and
improvements to the existing system; and,
WHEREAS, Ordinance 21-90 as amended by Ordinance 8-91 further
provides that during the period from the effective date of Ordinance
21-90 through September 30, 1990, a Stormwater Management Assessment
shall be levied against each parcel within the benefited area, which is
non-assessed property, and shall be determined by a ratio such per-ioLl
bears to a complete year multiplied by the pro rata share of the initial
stormwater budget (other than initial start-up costs which will not be
on a pro rata basis) to be borne by the owners of such property at the
appropriate rate; and,
WHEREAS, a budget of operation for the year ending September
30, 1990 and for the next fiscal year as set forth herein in Exhibit A,
is established in conformity with the requirements of Ordinance 21-90,
8-91, and Ordinance 49-90; and,
WHEREAS, for the period from the enactment of Ordinance 21-90
to, but not including October 1, 1991, billing and collection of the
Stormwater Management Assessment shall be accomplished utilizing the
interim collection method as set forth in Ordinance 21-90, as amended by
Ordinance 8-91 and assessed and collected in the manner described in
Ordinance 49-90; and,
WHEREAS, a rate for Stormwater Management Assessments for the
various classes of property (other than non-assessed property) within
the benefited area shall be calculated as provided in Ordinance 21-90,
as amended by Ordinance 8-91 and Ordinance 49-90 and as further set
forth in Exhibit B to this Resolution; and,
WHEREAS, a public hearing on this resolution setting the rates
and adopting the budget and for the purposes of adopting a stormwater
assessment role was duly noticed pursuant to Ordinance 49-90 as codified
in Section 8.4.16 of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida; and,
WHEREAS, the City, upon adoption of the budget and rates shall
review the stormwater assessment roll to determine its conformity with
the proposed rate resolution and if upon the completion of such review
the City shall be satisfied that the Stormwater Management Assessment
2
RES. NO. 118-90
.
Roll has been prepared in conformity with the proposed rate resolution,
it shall adopt said resolution and ratify and confirm the Stormwater
Management Assessment Roll and certify that the Stormwater Management
Assessment Roll is correct and proper and is to be used in collecting
the Stormwater Management Assessments. Thereafter, the City Commission,
if no objections are made by persons affected by the assessment roll at
the public hearing or if objections having been made are deemed
insufficient by the City Commission, shall thereupon adopt the
assessments as shown by the Assessment Roll; and,
WHEREAS, the owner of each parcel within the benefited areal
for which a Stormwater Assessment is levied, shall thereafter be respon-i
sible for payment thereof. I
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section l. That the City Commission of the City of Delray
Beach, Florida does hereby adopt the aforementioned preamble in its
entirety.
Section 2. That the City Commission of the City of Delray
Beach, Florida does hereby adopt, after public hearing the budget as
established in Exhibit A hereto which is incorporated herein.
Section 3. That the City Commission of the City of Delray
Beach, Florida does hereby adopt, after public hearing, the rates as set
forth in Exhibit B which are incorporated herein.
Section 4. That the City Commission of the City of Delray
Beach, Florida pursuant to Ordinance 21-90, 8-91 and 49-90, upon passage
of this resolution and certification and adoption of the StormwaLer
Management Assessment Roll, hereby directs the appropriate City
department to bill and collect Stormwater Management Assessments.
PASSED AND ADOPTED in regular session on this 26th day of
February , 1991.
92~
, MAg;;.<)R"
Attest:
n r '4"'-1 Ii: LI:f
: / {( '..Cr:' . nr A 'IT '
City Clerk .
3
RES. NO. 118-90
" I
I
EXHIBIT A STORM WATER UTILITY FUND
Budget
Proposal
REVENUES
Charges for Services $870,000
Total Revenues $870,000
EXPENDITURES
ADMINISTRATION DIVISION
Salaries & Wages - Regular $15,150
Administrative Assistant (1 )
* Director's Positions funded from general operating
Overtime $95
Social Security Match $1,310
Health/LifelDisability $1,650
Worker's Compensation $70
Total Personal Services $18,275
Engineering Study $20,300
Consulting $22,400
Telephone $200
Postage $7,522
Share of Administrative Expense $73,950
Insurance Expense $2,171
Total Contractual Services $126,543
Operating supplies $9,500
Public Awareness Program $10,660
Total Operating $20,160
Capital Outlay
Northwest Drainage Area Project $200,000
Project on-going. Currently funded (partially) from Decade of Excell and
General Fund. The $200,000 represents a portion of the construction cost
for the drainage improvements for the 252 acre basin.
Stormwater Master Plan #1 $96,000
Conceptual drainage master plan. This project encompasses 1.5 square
miles. north of Lake Road and East of 1-95 interstate. The
$96,000 represents surveying, engineering and planning cost only.
N. Federal Highway Drainage $100,000
Drainage improvements for City Enclaves.
Project Reserve 70,000
Total Capital $466,000
Reimbursement-General Fund Construction 45,000
TOTAL ADMINISTRATION $675,978
'" I
I
STREET CLEANING/MAINTENANCE DIVISION
Salaries & Wages Regular $75,725
Street Maintenance Worker "' (2)
Street Maintenance Worker II
Street Maintenance Worker I
Overtime $1,500
Other Employee Compensation $2,400
Social Security Match $6,080
Retirement Contribution $4,888
Health/LifelDisability $8,025
Worker's Compensation $11,871
Total Personal Services $110,489
Repair & Upkeep Equipment $500
Repair & Upkeep Other $5,625
Rental Equipment $17,800
Repair & Upkeep City Garage $18,928
Uniform & Linen Service $1,200
Insurance Expense $1,662
Total Contractual Services $45,715
Repair and Upkeep Canals $10,000
Operating Supplies $6,634
Gas, Oil & lubricants $4,000
Tires, Tubes And Access $600
Construction Material $3,455
Vehicle Replacement $11,129
Total Operating $35,818
Capital-Equipment Other $2,000
Total Capital $2,000
TOTAL STREET CLEANING $194,022
FUND TOTAL $870,000
'"
EXHIBIT B
Total 15 Month
Property Description Rate Structure Assessment
Single Family
Residential ($2.25/Mo./ERU) (15 Mo.)(IERU) $ 33.75
Condominium ($2.25/MO./ERU) (15 Mo.)[Condo Factor $ 33.75 X CF*
(ERU/Unit)]
Single OWner Multi-
Family Residential ($2.25/Mo./ERU) (15 Mo.) $ 33.75/ERU
Non-Residential
Developed ($2.25/Mo./ERU) (15 Mo.) $ 33.75/ERU
Undeveloped ($2.25/Mo./ERU) (15 Mo.)(1.12 ERU/AC) $ 40.50/AC
All properties within the Lake Worth Drainage District, as indicated by the
Palm Beach County name-address-Iegal file (NAL) shall receive a 25%
discount.
All properties for which the City does not provide for the maintenance of
street drainage systems shall receive a 25% discount.
* A specific condo factor (0.0 - 1.0) has been determined for each
condominium development. A list of those factors is attached.
'"
City of Delray Beach
Environmental Services Department
Stormwater Utility Division
February 19. 1991
Condominium Factors
========================--===========--=======
Condominium Property 1.0. ERU/Unit
------------------ -------------- -----
------------------ -------------- -------
1 Admiral Apts. 1243461648 0.70
2 Anchorage 1243461663 0.36
3 Balmoral 1243462119 0.57
4 Banyan House 1243462118 0.52
5 Banyan Tree ViII. 1243462130 0.96
6 Bar Harbour 1243461636 0.39
7 Barr Terrace 1243461644 0.38
8 Barrton Apts. 1243462122 0.46
9 Beach Cabanas 1243461667 0.64
10 Beekman 1243460941 0.70
11 Bermuda High 1243462814 1.00
12 Bermuda High S. 1243462815 0.94
13 Bermuda High W. 1243462841 1.00
14 Brooks Lane 1243462129 1.00
15 Cambridge 1243462823 1.00
16 Captains Walk 1243463333 0.86
"
I
Condominium Factors
--------------- - -----------------
------------- -- ---------------------
Condominium Property LD. ERU/Unit
===---============ ============== -------
---------
17 Casa Del Mar 1243462125 0.49
18 Chevy Chase 1243460940 0.70
19 Churchill 1243462132 0.60
20 Coastal House 1243462825 0.41
21 Commodore Apts. 1243461649 0.70
22 Coral Cove 1243461654 0.70
23 Costa Del Rey 1243462835 0.63
24 Costa Del Rey N. 1243462846 0.77
25 Court of De1ray 1243462829 0.40
26 Crest 1243461657 0.79
27 Del Harbour 1243462824 0.32
28 Del Haven 1243462121 0.74
29 Delray Bch Club 1243462834 0.47
30 Delray Estates 1243461910 0.55
1243461913
1243461915
1243461926
31 Delray Harbour CI. 1243462142 0.44
32 Delray Oaks 1243463002 0.95
33 Delray Oaks W. 1243463014 0.95
34 Delray Swmnit 1243461633 0.41
35 Domaine Delray 1243462143 0.91
36 Dover House 1243461678 0.48
'"
Condominium Factors
-------------------- -----------------
--------------------------------------------
Condominium Property I.D. ERU/Unit
================ =======--===== --------
-------
37 East Haven 1243461637 0.70
1243461638
38 Eastview ViII. Sq. 1243462845 1.00
39 Eastwinds 1243463019 0.69
40 800 Ocean Pl. 1243460942 1.00
41 Environment I 1243463017 0.93
42 Fairway 1243461911 1.00
43 Fall Ridge 1243462036 1.00
44 First Encounter 1243461818 0.70
45 Golfview Colony 1243461929 1.00
46 Greeensward ViII. 1242462403 0.91
47 Grove 1243461659 0.99
48 Hamilton House 1243462127 0.77
49 Harbour Villas 1243462839 0.56
50 Harbourside I-III 1243462126 0.67
51 High Point 1242461310 0.76
1242461311
1242461312
1242461313
1243461807
1243461808
1243461809
1243461810
52 Imperial Manor 1243461631 0.70
53 Imperial Villas 1243461914 0.96
54 Inlet Cove 1243460960 1.00
'" I
I
Condominium Factors
--------------------------------------------
--------------------------------------------
Condominium Property I.D. ERU/Unit
------------------ -------------- ---------
------------------ -------------- ---------
55 Inner Circle 1243461652 0.72
56 Jardin Delmar 1243461658 0.83
57 Lago Del Rey 1243461918 0.86
1243461932
1243461935
1243461937
58 Lakeview Greens 1242462405 0.90
59 Landings of D.B. 1243460954 0.63
60 Lavers Racquet Cl. 1243462916 0.99
1243462921
61 Linton Ridge 1243462040 0.39
62 Linton Woods 1243462135 1.00
63 Manor House 12434616A5 0.67
64 Martel Arms 1243460950 1.00
65 New Monmouth 1243461632 0.70
66 Ocean Aire 1243461642 0.70
1243461643
67 Ocean East 1243461650 0.70
68 Ocean Place 1243461674 1.00
69 Ocean Terrace 1243461634 0.70
70 Outrigger 1243462812 1.00
1243462813
71 Palm Square 1243461651 0.70
72 Palm Trail 1243460944 0.70
1243460945
73 Palm Villas 1243461927 1.00
74 Park View Manor 1243461640 0.55
--
75 Penthouse Delray 1243462816 0.41
76 Pines of Delray 1243461916 0.72
77 Pines of Delray W. 1243461928 0.75
.,"
I
Condominium Factors
==----========--======== ~=========--===
Condominium Property I.D. ERU/Unit
=--------------=== =====-- ------ -----
78 Plum 1243461664 1.00
79 Sabal Pine 1243463001 0.85
80 Sabal Pine East 1243463006 0.93
81 Sabal Pine South 1243463004 0.87
82 Seagate Manor 1243461639 0.51
83 Seagate Towers 1243461645 0.49
84 Seastone Apts. 1243460961 0.34
85 South Ocean 1243462836 1.00
86 South Shore Club 1243462137 1.00
87 Southridge 1243462046 1.00
88 Southridge Village 1243462039 0.90
89 Southwinds 1243463022 0.69
90 Spanish River 1243461671 0.34
91 Spanish Trail 1243462832 0.59
92 Spanish Wells 1242462503 0.72
1242462504
93 Talbot House III 1243461682 0.70
94 Town & Country 1243462913 1.00
95 Tropic Bay 1-17 1243462826 0.61
96 Tropic View 1243462859 1.00
97 Valhalla 1243460948 1.00
98 Waterview Apts. 1243462120 0.67
99 Waterway North 1243460955 0.92
'" I
I
Condominium Factors
==========================----=======
Condominium Property I.D. ERU/Unit
------------------ -------------- -----
------------------ -------------- -----
100 Wedgewood 1243461641 0.70
101 Wil1iamsburg Inn 1243461656 0.70
102 Windemere House 1243461655 0.63
103 Winston 1243461670 0.56
104 Woodbrooke 1243461931 0.66
105 Country Manors 1242461204 1.00
106 Coach Gate 1243461668 0.97
107 Tahiti Cove 1243461672 0.79
108 Berkshire I 1243462133 0.79
109 Pines of Delray N. 1243460705 0.99
110 Serena Vista 1243463310 1.00
III Pelican Pointe 1243463234 1.00
112 Tropic Harbor 1243462817 0.49
1243462818
1243462819
1243462820
1243462822
1243462827
1243462828
113 Delray Prof. 1243460726 1.00
114 Marly 1243460949 0.58
115 Delray Golfview 1243461922 0.57
116 Berkeshire II 1243461673 1.00
117 Waterway East 1243461662 1.00
'"
Condominium Factors
===================== -==-=====--~ --
Condominium Property 1.0. ERU/Unit
=========--~====== ==========--=== -- - -
118 Vacation Beach 1243461677 0.70
119 Miramar Gardens 1243461681 1.00
120 Tropic Isle 1243462842 0.70
121 Fed Savings 1243460956 0.70
122 99 Seabreeze 12434616A6 0.69
123 Cove Apts 12434616A7 0.70
124 One ten Apts 12434616B1 0.70
125 Madden Delray 12434616B2 0.70
126 1002 Ingraham 1243461653 0.70
127 1000 Ocean Terr. 1243461660 0.70
128 Vacant 1 1243461665 0.70
129 1&2 Apts. 1243461666 0.50
130 210 SE 1 Ave 1243461669 0.70
131 355 Bldg. 1243461674 1.00
132 336 Venetian 1243461676 0.70
133 303 Gleason 1243461679 0.70
134 Vacant 2 1243461686 0.70
1243461687
1243461688
135 160 S.E. 6th 1243461689 1.00
136 Storall 1243461838 0.70
137 Vacant 3 1243461940 0.70
138 876 17th Ave 1243461943 0.70
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Condominium Factors
=======================~----=============
Condominium Property 1. D. ERU/Unit
------------------ -------------- -----
------------------ -------------- --------
139 Gwenzell 1243462051 0.70
140 900 S.W. 15th 1243462054 0.70
141 16244 S. Military 1242462512 0.70
142 900 S. Ocean 1243462123 0.70
143 1705 Del Harbor 1243462136 0.70
144 1020 Casuarina 1243462148 0.70
145 Vacant 4 1243462149 0.70
146 505 S.E. 6th 1243462156 0.70
147 1040 Del Harbor 1243462157 0.70
148 1708 S. Ocean 1243462837 0.70
149 The Pointe 1243463223 0.69
1243463231
=================---=------=================
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MEMORANDUM
TO: MAYOR AND COMMISSION
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #lO~.~ - MEETING OF FEBRUARY 26, 1991
STORMWATER ASSESSMENT ROLL
DATE: February 19, 1991
The Stormwater Assessment Roll will be available for review in the
Commission Chambers at your Tuesday evening meeting.
'"
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER tfrI1
SUBJECT: AGENDA ITEM # JOB - MEETING OF FEBRUARY 26, 1991
REQUEST FOR WAIVER OF THE SIGN CODE-ROD AND GUN CLUB
DATE: February 19, 1991
We have received a request for waiver of the Sign Code from the Rod
and Gun Club located at 4285 W. Atlantic Avenue. The Rod and Gun Club
is proposing to erect a free standing sign with a 40 square foot sign
face, 10 feet high, within the setback. The proposed sign will
replace an existing sign. The present sign became nonconforming when
it was annexed into the City and therefore, the owner was asked to
bring the sign into compliance by moving and reducing it. The owner
has attempted to reduce the size of the sign, however, feels the sign
would be hid by landscaping if it were moved further back.
City Code provides that a 40 square foot free standing sign is allowed
in the setback providing that the sign does not exceed seven feet in
height nor is placed within 10 feet of the right-of-way. Staff has
recommended that the sign be 10 feet high at this location due to
sight distance problems which would be created if the sign were seven
feet in height. There will be an open area of six feet from the
bottom of the sign cabinet to the ground. i
The Site Plan Review and Appearance Board at their February 13th
meeting expressed reservations regarding the shape of the proposed
sign. They felt the current sign was more aesthetically appealing.
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, Agenda Item No.:
AGENDA REQUEST
Date: 2/20/91
Request to be placed on:'
x Regular Agenda Special Agenda Workshop Agenda
When: 2/26/91
Description of agenda item (who, what, where, how much):
Rod and Gun Restaurant waiver request for a free-standing sign
at 4l~~ W. Atlantic Avenue
ORDINANCE/ RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO
Approval
Recommendation:
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: Cfj}NO tM
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
.
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT
SUBJECT: SIGN CODE WAIVER ROD & GUN RESTAURANT
-- ---
DATE: FEBRUARY 14, 1991
ITEM BEFORE THE COMMISSION
- -
Request Commission consider a waiver request for a free standing sign which
does not meet the special setback size specifications.
BACKGROUND
Rod & Gun restaurant, 4285 W. Atlantic Ave. is applying for a free standing
sign which has a 40 sq. ft. sign face and is 10 ft. high and 6 ft. from the
property line. The sign code per 4.6.7(E)(3)(b) allows a 40 sq. ft. free
standing sign in the special setback providing the sign height is not
greater than 7' high nor within 10 ft. of the right-of-way.
The sign will be placed at the site of a free standing existing sign. The
city recommended the sign height be 10 ft. at this location due to a sight
distance problem created if the sign was 7 ft. high. The sign, therefore
will have an open area of 6 ft. from the ground to the bottom of the sign
cabinet.
SPRAB had reservations at the 2/13/91 meeting regarding the shape of the
sign. They felt the previous sign was more aesthetically appealing.
The present sign became nonconforming when it was annexed into the city,
therefore the owner was asked to come into compliance by moving and reducing
the size of the sign. The owner has attempted to reduce the sign size, but
feels the sign would be hid by the landscaping if it were moved any further
back.
RECOMMENDATION
Staff is recommending that the Commission approve the applicants free
standing sign request.
."
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # lo~ - MEETING OF FEBRUARY 26, 1991
ORDINANCE NO. 22-91 ,
DATE: February 19, 1991
~
This is a second 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 :t
"
Commission accepted the report from the Historic Preservation Board .
regarding the designation of these buildings as historic. I
Recommend approval of Ordinance No. 22-91.
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--"-- - - ------- ---- ---------~-----------"- -.
--- - ._----~-_._---~-- ~- ------ ------
= -------- --------------- -----------" -
"- .-
ORDINANCE NO. 22- 9 1
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, RZONING
REGULATIONS" , ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS" , SECTION 4.5.1, "HISTORIC
PRESERVATION SITES AND DISTRICTSR, SUBSECTION
4.5.1 (K) , RDESIGNATION OF HISTORIC SITESR, OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING THE
COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX TO THE
LISTING OF HISTORIC SITES AS ITEM (11) ; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Historic Preservation Board, at the meeting held
January 16, 1991, unanimously recommended the designation of the Colony
Hotel and the Colony Hotel North Annex as Historic Buildings,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, RZoning RegulationsR, Article
4.5, "Overlay and Environmental Management DistrictsR, Section 4.5.1,
"Historic Preservation Sites and DistrictsR, Subsection 4.5.1 (K) ,
"Designation of Historic SitesR, of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended by adding Item 11 to read as follows:
(11) THE COLONY HO'!'EL AlII) THE COLONY HO"l'BL NOR'l'H
ANREX, located on the South 12 feet of Lot 18, Alley
South of Lot 18, East 25 feet of Lot 21 and Lots 22,
23, 24 and 25, Inclusive, Block 108. And Lots 5, 6
and 7, Less 5 foot Road R/W, Block 108, Town of
Delray, with the designation pertaining to the
buildings only and not the grounds.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not af fect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and fina I
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
." I
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfJv1
SUBJECT: AGENDA ITEM ~ ~ - MEETING OF FEBRUARY 26, 1991
ORDINANCE NO. 24-91
DATE: February 19, 1991
This is a second reading of an Ordinance rezoning and placing land
presently zoned Automotive Commercial (AC) Zone District in General
Commercial (GC) Zone District, said land being a portion of Block 7
and the alley right-of-way in said Block 7, Rio Del Rey located on the
north side of S.E. 10th Street, between S.E. 5th and 6th Avenues.
This parcel was zoned A.C. at the applicant's request during revisions
to the official zoning map. The A.C. district limits use only to
automobile related activities. The current development proposal for
this property is to construct a restaurant and some type of future
retail use on the southern portion of the site with the northern
portion remaining as an automotive use. This is a fairly straight
forward rezoning request, however, there is some concern regarding the
existing auto related use and whether or not there would be sufficient
parking 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 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
accommodate the retail buildings. It will therefore be necessary for
cross parking agreements to be developed between the two sites. The
applicant has not provided enough information to assess the auto
related use, but it appears that there would not be enough parking to
accommodate a full auto dealership.
The Community Redevelopment Agency at their January 14th meeting
discussed 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 sufficient 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 Zoning Board at their
January 28th meeting recommended approval (7-0 vote), subject to
conditions. A detailed staff report is attached as background
material for this item.
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...~-- - - - - ---- -~ ----- ----- -
- -- -------- - ---- - - -~- ---
CRDI:-IANCE ~O. 24-91
AN CRDI:-IANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZO~I:-IG ;"~D PLACISG
LA." D ?RESE~TLY ZONED AC (At.:TOMOT I'.'E ::C~."IERC: ~ I
JISTR!C'!' IS GC (GE~ERAL COlo'.....ERC IAL) ::;:S"!'R:C':':
SAID LA.'lD BEISG ;.. ?ORTIO~ OF B LOO: .., ;"~D 7HE
ALLEY RIGHT-OF-WAY IS SAID BLOCK ~. RIO :)EL REY,
ACCORDISG TO THE PLAT THEREOF RECORDED IN PLAT
BOOK : 2, PAGE 84, PC'BLIC RECORDS OF ? ;":""1 BEACH
COCSTY. FLORIDA; SAID LA."lD BEING LOC;"TE::l C~ 7HE
:-IORTH SIDE OF S.E. 10TH STREET. BETWEEN S.E. 57H
;"\,'ENCE AND S. E. 6TH AVENC'E; AND AMEND I NG ":CSING
DISTRICT ~AP, DELRAY BEACH. FLORIDA. :990";
PROVIDING A GENERAL REPEALER CLAUSE; PROVIJI:-IG ;..
SAVING C:.AUSE; PROVIDING AN EFFEC':'IVE DATE.
NO'.... THEREFORE, BE IT ORDAINED BY THE CITY COM."1ISSION ':F :-:-:::
CITY OF DELRAY BEACH. FLORIDA, AS FOLLOWS:
Sectlon l. That the follo....ing described property in the C:~~y
of De lray Beach. Florlda, is hereby rezoned and placed in the ~C
(Gel'.eral Commercial) District as defined 11'. Chapter Four of the Land
Development Regulatlons of Delray Beach. Florida, to-....lt:
That part of Block 7 and the alley right-of-....ay in sald
Block , , RIO DEL REY, according to the Plat thereof
recorded in Plat Book 12. Page 84. of the PubllC Records
of Palm Beach County, Florida, descrlbed as follo....s:
Commence at the southwest corner of Lot 17, Block 7 ;
thence S. 0 degrees 30'57. E. , along the ....est line of
said Lot 17, 15.14 feet to the point of beginning;
thence continue N. o 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 ....est
of and parallel ....ith the east line of Lots 18 through
21, inclusive, (said parallel line being the ....est
right-of-....ay line of northbound U.S. Highway No. 11;
thence S. o degree. 39'50. w., along said parallel line,
85.07 feet to a point of curvature of a curve concave
....esterly ....ith a radius of 1990.41 feet and a central
angle of 2 degrees 48'37.; thence southerly, along the
arc of said curve and along the said ....e.t right-of-way
line of northbound U.S. Highway No. l, 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 southwe.terly, alon1
the arc of .aid curve, 22.65 feet to the south line 0
Lot 18, Block 7' thence N. 90 degree. 00' 00. w., alon1
.
said .outh line and ......t.r ly ext.nsion thereof, 235.5
fe.t to a point of curvature of a curv. concave
northea.terly ....ith a radius of 15.00 feet and a central
angl. of 90 degree. 30'57. (.aid curv. being tangent to
the .outh and we.t line. of Lot 17, Block 71 ; thence
northwesterly, along the arc of .aid curve, 23.70 feet
to the said point of beginning.
The subject property is located on the north side of
S.!. 10th Street, between S.E. 5th Avenue and S.!. 6th
Avenue.
The above de.cribed parcel contain. a 1. 26 acre parcel
of land, more or 1....
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...._- --~- --------- -
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Section 2. That the Pl.anning 8irector of said City shal.l, ~:::cr:
the effect~ve date of this ordinance, change the Zor.~r:g 8~str:ct ~ap - -
the City of De lray Be a c h , Florida, to confor.!l 101 i th t~e ;::rov:sic~.s ~ "
Section 1 hereof.
Section 3. That all ordinar.ces or parts cf ord:nar.ces - .
conflict herew~th be, and the same are hereby repealed.
Section 4. That should any section or ?rov~s:on 0: ~:-~s
ordinance or any portion tt'.ereof, any paragraph, sen':ence or wO:-:: '::e
declared by a court of competent Jur~sdiction to ce l!'l.va:i::i, S'~=~
decision shall not affect the validity of the remalr:der ~.e reo: 3.S 3.
IoIhole or part thereof other than the part declared to be lr.valld.
Section 5. That this ordinance shall become ef:ec~:.'/~
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and ::~d:
reading on thlS the day of , 1991.
~ A Y 0 ~
ATTEST:
C~ty Clerk
First Reading
Second Reading
--
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C I T Y COM MIS S ION DOC U MEN TAT ION
~o: ~ALISON MACGREGOR-HARTY, CITY CLERK
r .
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tROM: ~VI~. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 12, 1991
FIRST READING OF ORDINANCE REZONING PROPERTY ON :'HE
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 fer a
1.25 acre portion of a block from A.C. to G.C.
The project 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 dur ing
(~,>,(ttA~ho1\ 0( the October 1st revisions to the official zoning
map. The A.C. district limits use only to automobile related
activi ties. 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
RECO~IENDED 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
.-
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JLAJ~N-I NG 8 ZONING BOARD STAFF REPORT
- -- - --
;ITY OF OELRAY BEACH
t-', ,TING o:1TE: J~~rARY 28, 1991
AG~ ITEM: III.D.
REZO~I~G FOR S E 9th STREET ASSOCIATES FROM AC TO GC A~D CO~CEPTCAL PLA~ RE\.IE^.
ITEM: S.E." 9th STREET ASSOCIATES PLAZA, 2.7 ACRES BOC~DED BY THE FEDE~~L HIGH~AYS.
A~D S.E. 9th A~D 10th STREETS
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;e~ .SRAL 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.
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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
.'
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P&Z Staff Report 1/28/90
9th Street Associates
Page 2
remain AC~here 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
spa~es, 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(8)(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
.r-
* 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.S(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:
"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 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 budgeti 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.
Orainaqe:
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 8-2.6, 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
"
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. .
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 eRA 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
." I
. .
. .
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(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) 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 J (Performance Standards) of the Land
Development Regulations, policies of the Comprehensive plan,
and Section 2.4.5(0) (5)~) and / :$1ll~je~ L-tieL-'I.,t:hvl--lfOiJ.~~
.-ca>1\4.iJt1-!bns- i
2. Provide comments relative to the concept plan as follows: , j~
Iv,", ~\
C!iN.'\.\i \,ivT ~.
a. That a Traffic Statement/study be provided pa-or .-to
~site plant, .REI flftal plat. ap~reval&-- by Ci~
.Co...m; & iii iOft. Sl'\b,,",~~\.
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.
,
REF:tJ/A:9STREET2.TXT
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,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # lo~ - MEETING OF FEBRUARY 261 1991
ORDINANCE NO. 12-91 THROUGH ORDINANCE NO. 18-91 & ORDINANCE
NO. 20-91 THROUGH ORDINANCE NO. 21-91
DATE: February 14, 1991
This is a second reading of nine (9) Ordinances which amend the Land
Development Regulations. While a few of these ordinance make
substantive changes I 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 allowed in setback areas; provides for an extension of
screened enclosures in zero lot line developments into the
interior side setback; 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.
-Ordinance No. 13-91 provides for an exception for the
encroachment of pool enclosures into the setback areas.
-Ordinance No. 14-91 repeals the restriction on Veterinary
clinics in the General Commercial Zone District and Central
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
for the Isle of Delray Special Activities District (SAD) has
expired; 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 lot; provides for the prohibition of wall signs
projecting more than eight (8) inches from the wall upon which it
is mounted; and corrects the date in the heading of subsection
4.6.7.(H)(2) from December 81 1985 to December 181 1985.
Ordinance No. 16-91 has been amended according to direction
received at your February 12th meeting. The information
regarding gasoline station signs has been removed.
-Ordinance No. 17-91 provides for the proper screening of
industrial uses from adjacent residential uses.
-Ordinance No. 18-91 provides for the extension of canopies I
marquees, and covered walkways into the public right-of-way with
approval from the City Commission.
-0rdinance 19-91 was deferred.
-Ordinance No. 20-91 provides for fees for processing sign
permit applications.
,~ I
AGENDA REPORT
Meeting of 2/26/91
-Ordinance No. 21-91 deletes a reference to a section of the
Land 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 recommends approval.
- 2 -
I
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 25.91 11 : 5S P . 16
or ~ ..
tiT' DF DELIA' BEAtH , ,
, --.
..
CITY AnORNEY'S O'FFICE 310 S.E. ht STREET. SUITE 4. DEL RAY Bf.ACH, FLORIDA 33483
407/243.7090 . TELECOP~k407/278-47SS
MEMORANDUM
Date: JanU&7:Y 24, 1991
To: C.1.ty Conuniaaion
From: David N. Tolces, Assistant City Attorney~
Subject: Land Develop~ent Reaulatlon Amendment.
This ordinance amends three different sections of the LOR's
pertaininq to setback requirements. Section 1 of the ordinance
adds four categories of structures which are allowed in
setbacks. These four cat.goorie. were inadvertently not
included in the LOR's when they were adopted.
Section 2 of the ordinance provide. for. screen enclosures to
extend into the interior side setback area in zero lot line
developments. '!'he setbaok shall not extend closer than five
feet from the property line, or exceed 35\ of the net living
area exclusive of garagea, balconies, decks, porches, and
common areas such as corridors.
Section 3 of the ordinance prOvides for a reduction of the
front building setback by 5 feet when at least 50\ of the lots
frontage is on a cul-de-sac.
DNT:sh
Attachment
ce: David Harden, city Manager
," I
_n_
..., "'''/8 4 ....c::::c:::: "T ""!C:::'1' 1 : t::::~ :> 1-'
fIT'! pTTORNEY'S OFFICE TEL No. 40':'N .an __'d" -- .-
- L J
ORDINANCE NO. 12-91
" AN ORDINANCE OF THE CITY COMMISSION OF THE CIT'i OF
\ DEt.R1\Y BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS" , ARTICLE 4.3, "DISTRICT REGULATIONS,
GENERAL PROVISIONS", SECTION 4.3.4, "BASE DISTRICT
DEVELOPMENT STANDARDS" , SUBSECTION 4 . 3 . 4 (H) ,
"SETBACKS", OF THB LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES or THE CITY OF DELRAY BEACH,
FLORIDA, BY tN),~':':H,:: :'..'3-3i.lB3ECT: :.~ 4.3.4 (H)( 4) ,
"STRUCTURES ALLOWED IN SETBACKS", P1.RAGRAPHS (It),
(1), (ml, (n), TO PROVIDE ADDITIONAL STRUCTURES
WHICH ARE ALLOWED IN SETBACK AREAS; BY AMENDING
SUB-SUBSECTION 4.3.4(8)(5), "SBTBACKS FOR SCREEN
PORCHBS, SCREEN ENCLOSURES, AND ACCESSORY STRUCTURES
IN REAR YARDS", BY DESIGNATING 'P1.RAGRAPH (e) AS
PARAGRAPH ( f ) ANln BY ENACTING A NEW PARAGRAPH
4.3.4(H)(5)(e); TO PROVIDE FOa AN EXTENSION OF
SCREENED ENCLOSURES IN ZERO LOT LINE DEVELOPMENTS
INTO THE INTERIOR SIDE SETBACK, BY ENACTING A NEW
SUB-SUBSECTION 4.3.4(H)(7), "REDUCTION ALONG
CUL-DE-SACS", TO PROVIDE FOR REDUCTION OF THE FRONT
BUILDING SBTBACK WHEN AT LEAST SO\ OF THE FRONTAGE
OF A LOT IS LOCATED ON A CUL-DE-SAC; PROVIDING A
SAVING CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING AN EFPECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE crn' COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS POLLOWS:
Section 1. Chapter 4, "Zoning Regulations", Article 4.3,
"District Requlations, General Provi.ionll" , Section 4.3.4, "Base
District Development Standards", Subaection 4.3.4(H), "Setbacks",
Sub-subsection 4.3.4(H)(4), "Structure. Allowed In Setbackll", of the
Land Development Regulationa ot the City ot Delray Beach, Florida, be,
and the same is hereby amended, by enacting new paragraphs (k), ( 1) ,
(m), (n) to read all follows:
Section 2. Cha.pter 4, "Zoning Regulatlons", Art~cle 4.3,
"District Requlationa, General Provisiona" , Secti.on 4.3.4, "Base
District Development Standards", Subsection 4.3.4 (H) , "Setbacks",
Sub-aubsection 4.3.4 (H) (5) , "Set})aCQ fc~ .c~.en porche., screen
enclosurea, and aceea.ory .truClturea in rear yarda", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same i. hereby amended to read as followal
"' "., 'f. to '"
.....
qR ,
407 278 4755 Jan 25.91 11 :5c o . : s
CITY HTTORNEY'S OFFICE TEL. No.
. L ~
~
.. -.
"
(e 1) Any conflicts betwe.n this subsection (5), And the
regulAtiona aa set forth in individual residential
zcni~J ':':.-;;;'::u shall be ;:'::rned by the provisions
of this a~aectlon.
Section 3.. Chapter 4, "::on1n., Ra~lAtion.", Article 4.3,
"District Regulations, General Provisions", section 4.3.4, "Base
District Development Standarda", Subaection 4.3.4(H), "Setbacles",
Sub-subsection 4.3.4(H), "Setbacks for IlIcreen porche., screen
enclosures, and accessory structure. in rear yarda", at the Land
Development Regulations of the Cl ty of o.1ray Beach, Florida, be, and
the same is hereby amended by enacting a new paragraph (7) to read as
tollows:
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 deci-
.ion shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Stition 5. That all ordinances or parts of ordinances which
are in conf ct herewith are hereby repealed.
Sfctlon 6. That this ordinance ahall become effective ten
(10) days a ter its passage on second and final reading.
PASSED AND ADOPTED in re9Ular se.sion on second and final
reading on this the _____ day of , 1991.
I' MAYOR
ji A'rr2S'I':
Ji Clty Clerk
I. Firat Reading
I,
Second Readin;
'.
2 OaD. NO. 12-91
I
..-...ilL. ~U . . . .. " . ,..a..... ... _,.._.~..4',J,. . ....,
,
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # loF - MEETING OF FEBRUARY 26, 1991
ORDINANCE NO. 12-91 THROUGH ORDINANCE NO. 18-91 & ORDINANCE
NO. 20-91 THROUGH ORDINANCE NO. 21-91
DATE: February 14, 1991
This is a second reading of nine ( 9 ) 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 allowed in setback areas; provides for an extension of
screened enclosures in zero lot line developments into the
interior side setback; 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.
-Ordinance No. 13-91 provides for an exception for the
encroachment of pool enclosures into the setback areas.
-Ordinance No. 14-91 repeals the restriction on Veterinary
clinics in the General Commercial Zone District and Central
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
for the Isle of Delray Special Activities District (SAD) has
expired; 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 lot; provides for the prohibition of wall signs
projecting more than eight ( 8 ) inches from the wall upon which it
is mounted; and corrects the date in the heading of subsection
4.6.7.(H)(2) from December 8, 1985 to December 18, 1985.
Ordinance No. 16-91 has been amended according to direction
received at your February 12th meeting. The information
regarding gasoline station signs has been removed.
-Ordinance No. 17-91 provides for the proper screening of
industrial uses from adjacent residential uses.
-Ordinance No. 18-91 provides for the extension of canopies,
marquees, and covered walkways into the public right-of-way with
approval from the City Commission.
-Crdinance 19-91 was deferred.
-Ordinance No. 20-91 provides for fees for processing sign
permit applications.
AGENDA REPORT
Meeting of 2/26/91
-Ordinance No. 21-91 deletes a reference to a section of the
Land Development Regulations contained in paragraph 7.1.3 (A)(2)j
and repeals paragraph 7.1.3 (A)(3).
The Planning and Zoning Board has reviewed each of these proposed
Ordinances and recommends approval.
- 2 -
'" I
I
CITY 8TTORNEY'S OFFICE TEL No. 407 278 4755 Jan 25.91 11 : 33 P.Ol
- .
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 31ll S.I., )'1 STRI.:n, Sl1/TE 4 . UI.,LRAY I'll-M'H. I tORID,' 334iD
407(243-7090 . nUTOl"ER 407/278-4 75S
MEMORANDUM
Oat.e: January 25, 1991
To: Ci ty COIMlission
David N. Tolces, Assistant City AttorneY~
l<~rom :
Subject: Land Development Reaulation Amendments
This ordinance amends Subsection 4.6.15(G) of the LDR's
pertaining to enclosures ot pool areas. While swimming pools
may extend into setback areas, this section provides tor a
prohib! tion on the extension ot screened enclosures into the
setback area, unless the enclosure complies with the conditions
in Section 4.3.4(H) (5) (b). Previoualy, screened enclosures
were expressly prohibited from encroaching into setback areas.
with this amendment, such strict prohibition will be partly
eliminated. I
DNT: ah
Attachment
n~ .
407 273 47~5 ]3~ ~5.~1 : : : ") '3 ; , ,
CITY ATTORNEY'S OFFICE TEL No. ' . -
"--' .'-
- .-
vRDIN~CE NO. 13-91
1\N ORDIN1\NCE OF THE CITY COMMISSION OF THE CITY OF
tlELRA'i BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4.6, "SUPPLSMENTAL DISTRICT
REGULATIONS" , SECTION 4.6.15, "SWIMMING POOL,
WHIRLPOOLS, ic SPAS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRA'{ BEACH, FLORIDA, B'{ AMENDING SUBSECTION
4.6.15(G), "YARD ENCROACHMENTS", TO PROVIDE FOR AN
EXCEPTION FOR THE ENCROACHMENT OF POOL ENCLOSURES
INTO SETBACK AREAS AS SPECIFIED IN PARAGRAPH
4.3.4(H)(5)(b); PROVIDING A SAVING CLAUSE; PROVIDING
A REPEALER CLAUSE; PROVIDING 1\N EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED B'{ THE CITY COMMISSION OF THE
CITY OF DELRA'{ BEACH, FLORIDA, AS FOLLOWS:
Section 1- That Chapter 4, "Zoninq Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.15, "Swimming
Pools, Whirlpools, & Spas", Subsection 4.6.15(G), "'lard Enclosures", of
the Land Development Regulations of the City of Delray Beach, Florida,
be, and the same is hereby amended to be read as follows:
(G) swimming pools, the top. ot which are no higher than
grade level, may extend into the setback area but to no closer than
ten feet (10') to any rear or side property line, nor closer than
fifteen feet (15' ) to any street right-of-way. Although swimming
pools may extend into setback areas, ~ftder-fte-e*re~'~aftee.-.aazz a
screened or other pool enclosure shall not be permitted to encroach
into such setback areas exce~t as ~rovided in Secti~n
4.3.4 ( H) ( 5) ( b) . +NeU~ --~h!:. -.ee~ eft -"'~st - e -eaal'llee -~e -rei bet
tl'le -speetal -eftepeaeMleft~ -aHewed -wl'left -lld;lleePlt -~e -dedi-eatea -opePl
1.4ee,.+
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.
Section 3. That all ordinances or parts of ordinances Which
are in conflict herewith are hereby repealed.
Section 4. That thll ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in re(J\4lar session on second and final
readin9 on this the _____ day ot , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second R.eading
I
.. I.
....4_._... ... -
," I
.
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # loG - MEETING OF FEBRUARY 26, 1991
ORDINANCE NO. 12-91 THROUGH ORDINANCE NO. 18-91 & ORDINANCE
NO. 20-91 THROUGH ORDINANCE NO. 21-91
DATE: February 14, 1991
This is a second reading of nine ( 9 ) 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 allowed in setback areas; provides for an extension of
screened enclosures in zero lot line developments into the
interior side setback; 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.
-Ordinance No. 13-91 provides for an exception for the
encroachment of pool enclosures into the setback areas.
-Ordinance No. 14-91 repeals the restriction on Veterinary
clinics in the General Commercial Zone District and Central
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
for the Isle of Delray Special Activities District (SAD) has
expired; andl 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 lot; provides for the prohibition of wall signs
projecting more than eight ( 8 ) inches from the wall upon which it
is mounted; and corrects the date in the heading of subsection
4.6.7.(H)(2) from December 8, 1985 to December 18, 1985.
Ordinance No. 16-91 has been amended according to direction
received at your February 12th meeting. The information
regarding gasoline station signs has been removed.
-Ordinance No. 17-91 provides for the proper screening of
industrial uses from adjacent residential uses.
-Ordinance No. 18-91 provides for the extension of canopies,
marquees, and covered walkways into the public right-of-way with
approval from the City Commission.
-Grdinance 19-91 was deferred.
-Ordinance No. 20-91 provides for fees for processing sign
permit applications.
AGENDA REPORT
Meeting of 2/26/91
-Ordinance No. 21-91 deletes a reference to a section of the
Land Development Regulations contained in paragraph 7.1.3 (A)(2)j
and repeals paragraph 7.1.3 (A)(3).
The Planning and Zoning Board has reviewed each of these proposed
Ordinances and recommends approval.
- 2 -
'"
.
[IT' DF DELHA' BEA[H
CITY ATTORNEY'S OFFICE 310 S,E. 1 sl STREET, SUITE 4 . DELRA Y BEACH, Fl.ORIDA 33483
407/243-7090 . TELECOPIER 407/2784755
MEMORANDUM
Date: January 25, 1991
To: City Commission
From: David N. Tolces, Assistant City Attorne.P'
Subject: Land Development Regulation Amendments
This ordinance amends the conditional use sections within the
General Commercial and Central Business District.
The amendment removes a redundant prohibition on veterinary
clinics which store carcasses or operate as boarding houses.
This prohibition is already applicable to all veterinary
clinics through Section 4.4.3(W).
DNT: sh
Attachment
l.I.
CITY ATTORNEY'S OFFICE TEL No. 407 2~S j7SS Jar ~S.jl ~ : : ~ ~ : ,-
, ~
-
~
ORDINl\NCE NO. 14-91
l\N ORDINANCE OF THE CI'ry COMMISSION OF THE eIT'i OF
tlEtRAY BEACH, Ft.ORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT",
SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT",
SUBSECTION 4.4.9(0), "CONDITIONAL USES AND
STRUCTURES ALLOWED", OF THE I.l\ND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CIT'i OF
DELRAY BEACH, FLORIDA, BY REPEALING SUB-SUBSECTION
4.4.9(D)(15), BY ENACTING A NEW SUB-SUBSECTION
4.4.9(D) (15), "VETERINARY CLINICS"; BY !\MENDING
SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT", SUB-
SECTION 4.4.13(0), "CONDITIONAL USES AND STRUCTURES
ALLOWED", SUB-SUBSECTION 4.4.13(D)(12), BY REPEALING
SUB-SUBSECTION 4.4.13(0)(12), AND BY ENACTING A NEW
SUB-SUBSECTION ".4.l3(D)(12), "VETERINARY CLINICS";
PROVIDING A SAVING CLAUSE, PROVIDING A REPEALER
CLAUSE; PROVIDING l\N EFFECTIVE DATI.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Tha t I Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.9, "General commercial (GC)
District", Subsection 4.4.9(D) , "Conditional Uses and Structures
1\llowed", Sub-subsection 4.4.9(D)(15) of the Land Development
Requlations of the City of Delray Beach, Florida" be, and the same is
hereby repealed.
Section 2. That Chapter 4. "Zoninq Requlationa", Article
4.4, "Sase Zoninq District", Section 4.4.9, "General Commercial (GC)
District", Subsection 4.4.9(0) , "ConcH tiona 1 Uses and Structures
Allowed", of the t.and Development Requlations of the City of Deluy
Beach, Florida, is hereby amended by enactinq a new Sub-Subsection
4.4.9(0)(15) to read as follows:
(15) Veterinary Clinics.
Section 3. That Chapter 4, "Zoninq Regulations", Article 4.4.
"Sase Zoninq District", Section 4.4.13, "Central Business Districts",
Subsection 4.4.13(D), "Conditional Uses and Structures Allowed" , Sub-
subsection 4.4.13(D)(12) of the Land Development Regulations of the City
of Delray Beach, Florida, be, and the same is hereby repealed.
Section 4. That Chapter 4, "Zoning Re9Ulations", Article 4.4,
"Base Zoninq District", Section 4.4.13, "Central Budness Districts",
Subsection 4.4.13(D), "Conditional Uses a.nd Structu.re, Allowed", of the
Land Development Regulation. of the City of Delray Beach, Florida, is
hereby amended by enacting a new Sub-subsection 4.4.13(0)(12) to read .s
follows:
(12) Veterinar~ Clinics.
SecUon 5. That shOuld any .ection or provision of this
ordinance or any portion thereof, any paragraph, sentenee, or word be
declared by a court of competent juri.diction to be invalid, su.ch deci-
.ion shall not affect the validity of the remainder hereof .a a whole or
part thereof other than the part decl&r~ to be invalid.
Section 6. That all ordinance. or parts of ordinances which
are in conflict herewith are hereby repealed.
.
q~
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 !3n :5.91 ! 1 : <:;1) ~ ""1'~
. I
I
. \, "
-
Section 7. That thh ordinance shall become effective ten
(10) days after its paSSAQe on second and final reading.
PASSED AND ADOPTED in requla:r seasion on second and final
reading on this the _____ day of , 1990.
MAYOR
A'l"I'!S'I':
City Clerk
Fint Reading
Second Reading
.
2 ORD. NO. 14-91
.
,"
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # loH - MEETING OF FEBRUARY 26, 1991
ORDINANCE NO. 12-91 THROUGH ORDINANCE NO. 18-91 & ORDINANCE
NO. 20-91 THROUGH ORDINANCE NO. 21-91
DATE: February 14, 1991
This is a second reading of nine ( 9 ) 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 allowed in setback areaSi provides for an extension of
screened enclosures in zero lot line developments into the
interior side setbacki 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.
-Ordinance No. 13-91 provides for an exception for the
encroachment of pool enclosures into the setback areas.
-Ordinance No. 14-91 repeals the restriction on Veterinary
clinics in the General Commercial Zone District and Central
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
for the Isle of Delray Special Activities District (SAD) has
expired; andl 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 loti provides for the prohibition of wall signs
projecting more than eight (8 ) inches from the wall upon which it
is mounted; and corrects the date in the heading of subsection
4.6.7.(H)(2) from December 8, 1985 to December 18, 1985.
Ordinance No. 16-91 has been amended according to direction
received at your February 12th meeting. The information
regarding gasoline station signs has been removed.
-Ordinance No. 17-91 provides for the proper screening of
industrial uses from adjacent residential uses.
-Ordinance No. 18-91 provides for the extension of canopies,
marquees, and covered walkways into the public right-of-way with
approval from the City Commission.
-Grdinance 19-91 was deferred.
-Ordinance No. 20-91 provides for fees for processing sign
permit applications.
I
AGENDA REPORT
Meeting of 2/26/91
-Ordinance No. 21-91 deletes a reference to a section of the
Land 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 recommends approval.
- 2 -
'" I
[IT' DF DELHA' BEA[H
CITY ATTORNEY'S OFFICE 310 S.L 1st STREET, SUITE 4. DELRAY BEACH, FLORIDA 33483
407/243-7090 . TELECOPIER 407/278-4755
MEMORANDUM
Date: January 25, 1991
To: City Commission .;-\
From: David N. Tolces, Assistant City Attorne~
Subject: Land Development Regulation Amendments
This ordinance amends the port,ion of the LDR's pertaining to
Special Activities District "S.A.D.". The amendments will
indicate that the approval ordinance for the Isles of Delray
S.A.D. has expired, and also adds Tutor Time Plaza as an
approved 5.A.D. Tutor Time was inadvertently not listed
previously.
DNT:sh
Attachment
.. .
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 25.91 11:48 P.04
, J>.,
f 1<, t; r'~ ,'/ ",
I
ORDINANCE NO. 15-91
Mf ORDINANCE OF THE CI'l"I COMMISSION OF THE CI'l"I OF
DELRAY BBACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4.4, lIaASE ZONING DISTRICT",
SECTION 4.4.25, "SPECIAL ACTIVITIES DISTRICT (SAD)",
OF THE LAND DEVELOPMEN'r REGULATIONS OF THE CODE OF
ORDINANCES OF THE CI'l"I OF DELRAY BEACH, FLORIDA, BY
AMENDING SUBSECTION 4.4.25(1), "S.A.D.s", TO PROVIDE
FOR THE NOTIFICAT:C:, :-:1.',.: :.?:'~:-'''~.:' :'OR THE ISLES OF
DELRX: :::..... ~P::..~:, _'oJ PROVIDE FOR INCLUSION OF
TUTOR TIME PLAZA AS AN APPROVED SAD; PROVIDING A
SAVING CLAUSE I PROVIDING A REPEALER CLAUSE I
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CI'l"I OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Se.ction 1. That Chapter 4, "zoning Regulations", Article 4.4,
"Base zoning District", Section 4.4.25, "Special Activities District
(SAD)", Subsection 4.4.25(1), "S.A.D.s", of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(I) S.A.D.s: The following SADs are shown On the Official
Zoning Map and are regUlated by the provisions of this Section and
the referenced Ordinance:
(1) ~he Extra Closet, Ordinance No. 28-89, established~
(2) Laver's North, Ordinance No. 65-80, established;
(3) Oelint/Waterford ORI, Ordinance No. 79-84, modified
by Ordinanc~ No. 68-89, also governed by DRI ReSOlution No. 49-85,
establishedj
(4) Isles of Delray, Ordinance No. 3-84, modified by
Ordlnance No. 150-88, not established, approval has e~ired. BAS
aeeeMmedaee.-~se-eftirT-ap.revai-ex,ires-eft-Ma~eh-izT-i99 1
tit l!l Marina Cay, Ordinance No. 51-89, not
established, approval expires on February 22, 1991;
t6+ ill 8th Street Marina, Ordinance No. 73-89, not
established, approval explre. on June 12, 1991.
+n 121 The Gultstrearn BUilding, Ordinance No. 38-84,
modified by OrdInince No. 39-90, established.
No. 72-89 not
establishe 1.
S!lction 2. That should any section or provision of this
ordinance or any portion thereof, any para9raph, 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.
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 readin;.
,"
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 25.91 11:49 P,05
- . . ".
'.'
PASSED AND ADOPTED 1n regular session on second and final
reading on this the _____ day of , 1991,
MAYOR
ATTEST:
Ci ty Clerk.
First Reading
Second RellcUng
,.
2 I ORn. NO. 15-91
." 1,,11
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # - MEETING OF FEBRUARY 26, 1991
ORDINANCE NO. 12-91 THROUGH ORDINANCE NO. 18-91 & ORDINANCE
NO. 20-91 THROUGH ORDINANCE NO. 21-91
DATE: February 14, 1991
This is a second reading of nine (9) 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 allowed in setback areas; provides for an extension of
screened enclosures in zero lot line developments into the
interior side setback; 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.
-Ordinance No. 13-91 provides for an exception for the
encroachment of pool enclosures into the setback areas.
-Ordinance No. 14-91 repeals the restriction on Veterinary
clinics in the General Commercial Zone District and Central
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
for the Isle of Delray Special Activities District (SAD) has
expired; andl 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 lot; provides for the prohibition of wall signs
projecting more than eight (8) inches from the wall upon which it
is mounted; and corrects the date in the heading of subsection
4.6.7. (H)(2) from December 8, 1985 to December 18, 1985.
Ordinance No. 16-91 has been amended according to direction
received at your February 12th meeting. The information
regarding gasoline station signs has been removed.
-Ordinance No. 17-91 provides for the proper screening of
industrial uses from adjacent residential uses.
-Ordinance No. 18-91 provides for the extension of canopies,
marquees, and covered walkways into the public right-of-way with
approval from the City Commission.
-Grdinance 19-91 was deferred.
-Ordinance No. 20-91 provides for fees for processing sign
permit applications.
III I
.
AGENDA REPORT
Meeting of 2/26/91
-Ordinance No. 21-91 deletes a reference to a section of the
Land Development Regulations contained in paragraph 7.1.3 (A)(2)j
and repeals paragraph 7.1.3 (A)(3).
The Planning and Zoning Board has reviewed each of these proposed
Ordinances and recommends approval.
- 2 -
'" I
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 310 S.E, 1 st STREET, SUITE 4 . DELRA Y BEACH, )iLORIDA 33483
407(243-7090. TELECOPIFR 407(278-4755
MEMORANDUM
Date: January 25, 1991
To: City Commission
From: David N Tolces, Assistant City Attorne#
Subject: Land Development Regulation Amendments
This ordinance applies to various provisions within Section
4.6.7 of the LDR's pertaining to sign regulations. Section 1
contains an amendment which limits real estate signs in
industrial and commercial zone districts to one sign per lot.
Section 2 is an amendment which removes a typographical error.
The word "the" should not be in the section amended.
'i Section 3 rovides an amendment to the gasoline price sign
, /c~ortion the sign regulations. Specifically, it provides for
i\ ,,\~J')J requir ents for the information provided on gasoline price
\J,~j sign at gas stations.
Section 4 amends the "wall sign" provision. The amendment will
prohibit walls signs from extending more than 8 inches from the
wall it is mounted on.
Section 5 is an amendment correcting a typographical error.
The date should be December 18, 1985, not December 8, 1985.
DNT: sh
Attachment
cc: David Harden, City Manager
,"
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Feb 22.91 8:39 P.02
> . .
- .
--_.- --
ORDINANCE ~O. 16-91
~ ORDIN~CE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, MENDING CHAPTER 4, 11 ZONING
REGULATIONS", ARTICLE 4.6, tt SUPPLEMENTAL DISTRICT
REGULATIONS", SECTION 4.6.7, nSIGNS" , OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELR..W BEACH, FLORIDA, BY AMENDING
PARAGRAPH 4.6.7(D)(3)(I), "REAL ESTATE SIGNS", TO
?'RO"IPE FOR ~. I.HIITA'I'ION OF ONE REAL ESTATE SIGN PER
LOT; BY AMENDING I'ARAGRAFH 4.6.7(OI(3)(m),
"WELCOMING SIGNS", BY DJ!:LETI NG THE WORD "THE"; BY
AMENDING l?ARJ\GRAPH 4.6.; (E) ( 1 ) ( a), BY INSERTING THE
WORD "NOT", TO PROVIDE FOR THE PROHIBITION OF WALL
SIGNS PROJECTING MORE THAN EIGHT (8) INCHES FROM THE 1
WALL UPON WHICH IT IS MOUNTED; BY AMENDING SUB- I
SUBSECTION 4.6.7(H)(2), BY CORRECTING THE D1-'I'E IN I
I
THE HEADING FROM DECEMBER 8, 1985 TO DECEMBER 18, !
1985; PROVIDING 1- 51-VING CLAUSE; PROVIDING 1\
I REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
I
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, ":z.oning Regulations", 1-rticle
4.6, "Supplemental District Regulations", Section 4.6.7, "Signs",
Subsection 4.6.7{D), "signs Requiring Permits", Sub-subsection
4.6.7 (0) (3), "special Purpose Signs and Signing", paragraph (f), "Real
Estate signs", of the Land Development Regulations of the City of Delray I
Beaoh, Florida, be, and the same is hereby amended to read as follows:
! (f) Real Estate SiQn1 Real estate signs~ wh~eft-we~i4-e~herw~ae-De
eXelftp~ -eJteep~ -~fta~ -~hey -exoeeli -~he -1ft&X2:IftWft -Si:IU!: -for -exell\p~
I si!ns1' provided that the Signs do not exceed 32 s~are feet,
I are located in commercial or industrial zone districts, and
I are limited to no more than one real estate siQn per lot.
Sect10n 2. That Chapter 4, "Zoning Regulations", .~rticle
4.6, "Suppfemental District Regulations", Section 4.6.7, "Signs",
SUbsection 4.6.7(D), "Signs Requiring Permits", Sub-subsection
4.6.7(D)(3), "Special purpose Signs and Signing", Paragraph
4.6.7(0) (3) 1m), "Welcoming Signs", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby amended
to be read as follows;
(m) Welcoming Signs; Entrance signa at, or near, the City limits
upon which ~fte may be listed institutional names, religious
institutions, insi.gnia of Civic organizations, and points of
interest.
I
~ectlon 3. That Chapter 4, "zoning Regulations", Article
4.6, "Supplementa.l District Regulation." ,. Section 4.6.7, "Signs" ,
Subsection 4.6.7 (E) , "Sign Design Standards" , Sub-subsection
4.6.7(E)(1), "Types of S1gns", Paragraph 4.6.7(E)11){Il), "wall Sign", of
the Land Development Regulations of the City of Delray Beach, Florida,
be, and the same is hereby amended to be read as follows:
(1) TYPes of SiQns:
(a) Wall SiQn: A flush mounted sign. There is one Sign face
for a wall sign. A wall sign shall not project more tha.n
eight inches from the wall upon which it is mounted.
Types of walls signs are canopy signs, mansard s1gns, and
painted signs. ---
Section 4. That Chapter 4, "Zoning Regulations", Article
4.6, "Supplemental District Rogulations" , Section 4.6.7, "Si9nS" ,
,"
CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Feb 22.91 8:40 P.03
. . . . .
..
- '. . ~ --. .' ..-. ._.'..~.... ,,:,.';::';'~" '. - ,..-' . ..~~~_.,;.~.........;.;.,;.;...
'" ". -, .. .. . -.. - ._,. . ... _.-. i"
I
Subsection 4.6.7(Hl, "Removal of Nonconforming Signing", Sub-subsection ·
4.6.7(H)(2), "signs el.ected prior to LJecembe,r 8, 1985", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and.
the same is hereby amended to be read as follows:
I (2) Signs erected prior to December 18. 1985: But which
do not conform to the requirements of this Section 4.6.7 shall be
allowed to remain in accordance with the time limitations set forth
II in Subsection (4).
S(:Iction. 5. Thtll: should anr ::ec~: i 0:\ D" pIovision of this
, ..
ordinance or any portion thereof, any paraqraph, sentence, or word be
II declared by a court of competent jurisdiction to be invalid, such deci-
'I 5ion shall not affect tho validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 6. That all orOinances or parts of ordinances which
II are in conflict herewith are hereby repealed.
Section 7. That this ordinance shall become effective ten
II (10) days after its passage on second and final reading.
il PASSED AND AOOPTED in regular session on second and final I
I reading on this the _____ day of , 1990.
:
MA'tOR I
I
ATTEST; I
City Clerk ,
First ReaOin9 I
I
Second Reaclin9
I
II
:\
II
II
,
I
I
;: ORD. NO. 16-91
q~
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~~
SUBJECT: AGENDA ITEM # loJ - MEETING OF FEBRUARY 26, 1991
ORDINANCE NO. 12-91 THROUGH ORDINANCE NO. 18-91 & ORDINANCE
NO. 20-91 THROUGH ORDINANCE NO. 21-91
DATE: February 14, 1991
This is a second reading of nine ( 9 ) 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 allowed in setback areas; provides for an extension of
screened enclosures in zero lot line developments into the
interior side setback; 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.
-Ordinance No. 13-91 provides for an exception for the
encroachment of pool enclosures into the setback areas.
-Ordinance No. 14-91 repeals the restriction on Veterinary
clinics in the General Commercial Zone District and Central
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
for the Isle of Delray Special Activities District (SAD) has
expired; 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 lot; provides for the prohibition of wall signs
projecting more than eight ( 8 ) inches from the wall upon which it
is mounted; and corrects the date in the heading of subsection
4.6.7.(H)(2) from December 8, 1985 to December 18, 1985.
Ordinance No. 16-91 has been amended according to direction
received at your February 12th meeting. The information
regarding gasoline station signs has been removed.
-Ordinance No. 17-91 provides for the proper screening of
industrial uses from adjacent residential uses.
-Ordinance No. 18-91 provides for the extension of canopies,
marquees, and covered walkways into the public right-of-way with
approval from the City Commission.
-Grdinance 19-91 was deferred.
-Ordinance No. 20-91 provides for fees for processing sign
permit applications.
'" J
.
AGENDA REPORT
Meeting of 2/26/91
-Ordinance No. 21-91 deletes a reference to a section of the
Land Development Regulations contained in paragraph 7.1.3 (A)(2)j
and repeals paragraph 7.1.3 (A)(3).
The Planning and Zoning Board has reviewed each of these proposed
Ordinances and recommends approval.
- 2 -
'"
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~ ,
[ITY DF DELIAY BEA[H
CITY A"TORNEY'S OFFICE 31 (J S.E. 1 st STREET. SUITE 4 · DURAY BFACI-!, II.ORIDA 334R3
HI 407/243-7090. TFLFCOPIER407/278-4755
MEMORANDUM
Date: January 25, 1991
To: Ci ty Commission ... ~
From: David N. Tolces, Assistant City Attorne;I>
Subject: Land Development Regulation Amendments
This ordinance provides for special treatment of industrial
uses which border 1-95, which in turn borders residentially
zoned property. The provisions of this ordinance require
screening along the 1-95 or adjoining railroad right-of-way in
the form of shade trees, hedges, and a minimum buffer for
certain areas. Minimum hedge and tree height requirements are
also included. Adoption of this ordinance will result in
aesthetically pleasing landscaping to buffer industrial uses on
one side of 1-95 from residential uses on the other side.
DNT: sh
Attachment
."
C:TY ATT2RNEY'S OFFICE TEL No. 407 :?8 47':5 J3r'1 __ ,.1 11:3J ~,:J
. , . \.
-.-...-
URDIN~CE NO. 17-91
~ OROIN~CE OF THE CITY COMMISSION OF THE: CITY OF
OELRA't BEACH, FLORID1\, AMENDING CK.l.PTER 4, "ZONING
REGUL1\TIONS", AR'I'IeL! 4.6, "SUFI'LEMENTAI. DISTRICT
REGULATIONS", SECTION ".6.", "SPECIAL DISTRICT
!OUNOARY TREATMENT" , SUBSECTION 4.6.4 (B) ,
"INDUSTRIAL ZONING ADJACENT 1'0 RESIDENTIAL ZONING",
SUB-SUBSECTION 4.6.4(B)(3), OF THE LAND DEVELOPMENT
REGULATIONS OF :'HE ':':'~s ?F ~~:t1>':1:::;: :>f THE CITY OF
DELAAY BEACH, FLORmA, :3:': rtZPEA!.!NG PARAGRAH
".6.4 (8) (3) (a) AND ENACTING A NEW PARAGRAPH
4.6.4(8)(3)(a), TO PROVIDE FOR THE PROPER SCREENING
OF INDUSTRIAL USES FROM ADJACENT RESIDENTIAL USES;
PROVIDING A SAVING CLAUSS; PROVIDING A REPEALER
CLAUSE; PROVIDING AN BFrBCT1VI OAT!.
NOW, THEREFORE, 8B IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEtRAY BEACH, FLORIDA, AS FOLLOWSl
section 1. That Chapter 4, "Zoninq Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.4, "Special
Diatrict Boundary Treatment", Subsection ".6. 4(B), "Industrial Zoning
Adj acent to Residential Zoning", Sub-subsection ".6." (B) (3), Pau9raph
4.6.4(B)(3)(4) 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 Re/Julations", 1\rticle
4.6, "supplemental District R.~ulations", Section 4.6.4, "Special
Dhtrict Boundary Treatment", Subsection 4.6.4(B), "Industrial Zoning
Adjacent to Residential Zoning", Sub-subsection 4.6.4(B)(3), of the Land
Development Re~ulations of the City of Delray Beach, Florida, 1s hereby
amended by enacting a new Para~raph 4.6.4(B){3)(a) to read as follows:
( 3) Where the rear or .1de of 1ndustrially zoned property
does not directly abut a residentially zoned property, but is .eparated
tram it by the combined 1-95 right-of-way and the railroad right-of-way,
or the I-95 ri9ht-of-way, the industrially zoned property ahall provide
a 50-foot buildin~ setback from the property line located adjacent to
the right-ot-way line.
(a) In addition, the followin~ method of acr.enin~ ahall be
be providedl
(1) If the S1te Plan Review and Appearance Board
determines that the architectural elevation heing
1-95 and the railroad right-ot-way is an ae.thetic
asset to the corridor, the perimeter landseapin~
ahall eonaiat of the followin;:
Shade tree. 30 teet . on center I and a continuoua
h.d~e to be maintained at a minimum hei'Jht of "
feet. Shad. tre.. .hall be a minimum of 12 feet in
height with a 6 foot apread at the time of inatal-
lation. Hedge matedals shall be a minimum ot 2
feet in hei~ht at time ot instAllation.
(ii) If the SPRAB determin.. that the architectural
elevation facing 1-95 and the railrOAd right-ot-way
lends it.elf more to the industrial function ot the
building, and doea not provide an aeathetic asset to
the oorridor, the perimeter l..nd.capln~ shall
consiat of the following I
A 15 tOQt deep bufter Adjacent to 1-95 and the
railroad. Within thia area, a double ataggered row
of shade tree. shall be planted 20 feet 'on center'
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CITY ATTORNEY'S OFFICE TEL No. 4072784755 :an :;5,9~ ~~:35 o,~:
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within the row. In addition, a hedqe must be
planted adjacent to the rear property line to be
maintained at a 6 foot hei~ht. Shade trees must be
a minimum of 12 feet in height at the time of
planting and hecge material must be a minim~ of 4
feet in height.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by .1 ~ourt :.~ ::;~': "':::-:': ~'.;ri.3di:';;i~:. '.;) ~3 invalid, such deci-
sion shall not affect the validity of chd .:ema.l.llder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 3. ~hat all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
.section 4. That thb ordinance shall become effective ten
(10) days after its paSsa~e on second and final re.din9.
PASSED ~ ADOPTED 1n regular 8e8l10n on aecond and final
reading on this the _____ day of , 1991.
MAYOR
ATTEST:
~lty Clerk
Firat Reading
Second Readin;
2 ORC. NO. 17-91
,f'. ., ,_. - ~ ._____...- ..~.. ---
'"
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # lolC - MEETING OF FEBRUARY 26, 1991
ORDINANCE NO. 12-91 THROUGH ORDINANCE NO. 18-91 & ORDINANCE
NO. 20-91 THROUGH ORDINANCE NO. 21-91
DATE: February 14, 1991
This is a second reading of nine ( 9 ) 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 allowed in setback areaSi provides for an extension of
screened enclosures in zero lot line developments into the
interior side setbacki 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.
-Ordinance No. 13-91 provides for an exception for the
encroachment of pool enclosures into the setback areas.
-Ordinance No. 14-91 repeals the restriction on Veterinary
clinics in the General Commercial Zone District and Central
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
for the Isle of Delray Special Activities District (SAD) has
expiredi andl 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 loti provides for the prohibition of wall signs
projecting more than eight ( 8 ) inches from the wall upon which it
is mountedi and corrects the date in the heading of subsection
4.6.7.(H)(2) from December 8, 1985 to December 18, 1985.
Ordinance No. 16-91 has been amended according to direction
received at your February 12th meeting. The information
regarding gasoline station signs has been removed.
-Ordinance No. 17-91 provides for the proper screening of
industrial uses from adjacent residential uses.
-Ordinance No. 18-91 provides for the extension of canopies,
marquees, and covered walkways into the public right-of-way with
approval from the City Commission.
-Grdinance 19-91 was deferred.
-Ordinance No. 20-91 provides for fees for processing sign
permit applications.
.
AGENDA REPORT
Meeting of 2/26/91
-Ordinance No. 21-91 deletes a reference to a section of the
Land 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 recommends approval.
- 2 -
'"
[ITY OF DELAAY BEA[H
CITY ATTORNEY'S OFFICE 310 S.F, ] st STREET, SUITE 4 . DELRA Y BFACH, FLORIDA 33483
407/243-7090 . TELECOPIER 407/278-4755
MEMORANDUM
Date: January 25, 1991
To: City Conunission
7\
From: David N. Tolces, Assistant City Attorne]?
Subject: Land Development Regulations Amendments
This ordinance will permit canopies, marquees, and covered
walkways to extend into the public right-of-way when the City
Commission approves such an agreement.
DNT:sh
Attachment
-- -,- - ~-:-:--'-~- ':'T,':':--"-' ~ .;;.-'--- ,. - :~..-r.--~..;c 4'07 "278~~ ':~55. .~~ ~~7c;5:~~~t7~4-~~
. CITY. ~T~ORNEY'S Oi TEL No.
. ,
!
I
!
I
.. o. . .._ .._, _n _. -.- '..... ,.- ...... ._. .._,p- ' : . _.____.__P___ ._ ., - '. - -,-'
-- ... ...-...>.., -. _. .., - . - ' - o. _ ., . . _ ...~,. . -- ....- ...- - '.
- 0_ M'" ...' ...--.. \
ORDINANCE NO. ,18-91 I
~ ORDINANCB OF THE CITY COMMISSION OF THE CITY OF
DILRAY BEACH, FLORIDA, >>lENDING CHAPl'BR 6, " INFRA-
STRUC'l'URE IN PUBLIC PROPERTY", ARTICLE 6.3, "US! AND I
WORK IN THE PUBLIC lUGHT-OP-WAY" , or THE LAND
O!VELOPMBNT REGULATIONS or THE CODE OF ORDINANCES OF
THE CITY or DBLRAY BRACH , FLORIDA, BY ENACTING
SECTION 6.3.5, "CANOfIBS", TO PROVIDE FOR THB
BX'l'BNSION OF C~OPIIS, MARouns, AND COVBRBD
WALKWAYS INTO THB PUBLIC RIGHT-OF-WAY WITH APPROVAL
FROM THE CITY COMMISSION, PROVIDING A SAVING CLAUsa,
PROVIDING A REPEALBR CLAUSE; PROVIDING AN ErrBCTIVE
DATE.
NOW, TKBRUORB, BB 1'1' OImAINBD BY THB CITY ca4MISSION or TD
CJ;TY OF DELRAY BBACH, rt.ORIDA, AS rot.LOWSI
fect1o[e1. 'l'hat Chapter 6, uInfrutructw:e in Public
Property", . Artie e 6.3, "Uae and Work in the Public Right-of-Way", of
the Land Development Requlation. o~ the City of Delray ..aoh, Florida,
))e, and the aame is hereby _n4e4 by enacting a new Section 6 . 3 . 5
"Canopiea", to be r.ad aa followa.
S.C~J.OD 2. That. .hoU14 any HG1:ioft 0.1', provl.1on or thi.
ordinanc. or any portion thereof, any paratr~, .enteace O~ word ~
declared by a oour~ o~ competeDt juri.slctioa. to 1M lDval14, IlUCh 4ee1-
aion .ball not .ff..~ the va1141tf of the r...1Dder bereo~ .a a whol. or
part thereof other than tbe part deolue4 to be invalid.
~. That. all orcU.u.Dau or par~a of or41nano.. whioh
are in eon at erew1th are herebf repealed. '
~. 'l'bat. tb1. or41~ .ball becOlllt effect1ve ten
(10) 4ay. a ter t. ,..aag. on aeooD4 &D4 .f1lal rea41nv. .
PASSBD A!Q) ADOITID . 10 regular ....1_ Oil aec:oD4 an4 final
reading on thia the day of . 1111.
IlAYOR
A'l'TBS'1':
City Clerk
1'1~.t 1lea41n;
Secone! ...ding
. 0 ..
.
,"
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER/fJv1
SUBJECT: AGENDA ITEM # 101- - MEETING OF FEBRUARY 26, 1991
ORDINANCE NO. 12-91 THROUGH ORDINANCE NO. 18-91 & ORDINANCE
NO. 20-91 THROUGH ORDINANCE NO. 21-91
DATE: February 14, 1991
This is a second reading of nine ( 9 ) 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 allowed in setback areas; provides for an extension of
screened enclosures in zero lot line developments into the
interior side setback; 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.
-Ordinance No. 13-91 provides for an exception for the
encroachment of pool enclosures into the setback areas.
-Ordinance No. 14-91 repeals the restriction on Veterinary
clinics in the General Commercial Zone District and Central
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
for the Isle of Delray Special Activities District (SAD) has
expired; 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 lot; provides for the prohibition of wall signs
projecting more than eight (8 ) inches from the wall upon which it
is mounted; and corrects the date in the heading of subsection
4.6.7.(H)(2) from December 8 , 1985 to December 18, 1985.
Ordinance No. 16-91 has been amended according to direction
received at your February 12th meeting. The information
regarding gasoline station signs has been removed.
-Ordinance No. 17-91 provides for the proper screening of
industrial uses from adjacent residential uses.
-Ordinance No. 18-91 provides for the extension of canopies,
marquees, and covered walkways into the public right-of-way with
approval from the City Commission.
-Cirdinance 19-91 was deferred.
-Ordinance No. 20-91 provides for fees for processing sign
permit applications.
AGENDA REPORT
Meeting of 2/26/91
-Ordinance No. 21-91 deletes a reference to a section of the
Land Development Regulations contained in paragraph 7.1.3 (A)(2)j
and repeals paragraph 7.1.3 (A)(3).
The Planning and Zoning Board has reviewed each of these proposed
Ordinances and recommends approval.
- 2 -
'"
.
[IT' DF DELIA' BEA[H
CITY ATTORNEY'S OFFICE 310 S.E. I st STREET. SUITE 4 . DELRA Y BEACH, FLORIDA 33483
407/243-7090 . TELECOPIER 407/2784755
fl1EMORANDUM
Date: January 24, 1991
To: C.ity C.ommission V'\:
From: Davi.d Tolces, Assistant Ci.ty Attorney
Subject: Land Development Regulations Amendment
This change to sub subsection 2.4.3(K), paragraph (g) imposes a
minimum $10 permit fee for all electrical sign permit
applications.
DNT:sh
cc: David Harden, City Manager
~ 270 A~55 J '~01' 1 .~J P 'J
crTy i1TTORNEY'S OFFICE TEL No. 40"." af1 --'- d'_ ,.
.
liII . ~I ~.'.Ii, ',,'
ORDINANCE NO. 20-91
~ ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELAA'i BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINI-
STR.\TIVE PROVISIONS", ARTICLE 2.4, "GENERAL
PROCEDURES", SECTION 2.4.3, "SUBMISSION REQUIRE-
MENTS", SUBSECTION 2 . 4 . 3 (K), "FIi:ES", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DEI..RAY BEACH, FLORIDA, BY AMENDING THE
HEADING OF ~UB .5'':'::::':'':''': ':'~~ : : ~':'. ~ I '2 ~ ':':', ~E>.D, "PLAN
CHECK FEES" ; EY' ~Z!lZ;"':':~;: 5'Jl3-.WBSECTION
2.4.3(K)(3), "PERMIT FEES", ,?AAA,3RAPH (~)i BY
ENACTING A NEW SUB-SUBSECTION Z. ~ .: \ K: ( :):, "PERMIT
FEES" , PARAGRAPH ( g) , TO PROVIDE FOR FEES FOR
PROCESSING SIGN PERMIT APPLICATIONS; 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 BIACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 2, "Administration", Article 2.4,
"General Procedures", Seotion 2.4.3, "SubmiSSion Requirements", Sub-
section 2.4.3 (It), "Fee.", su}:)-aub.ection 2.4.3 (K) ( 2), "Permit Fees". of
the Land Development Regulations of the City of Delray Beach, Florida,
be, and the same is hereby amended to read as follow8:
(2) PerMit4Peea~ Plan CheCk Fees I Plan Check fees are
required for & project wfioae proposed construction exceeds $20,000
and when building plans are required. by Section 105.3 of the
Building Code.
Section 2. That Chapter 2, "~d.ministration", ArtiCle 2.4,
"General Procedures", Section 2...3, "Submission Requirement8", Sub-
.ection 2.4.3(1':.), "Permit", Sub-subsection 2.4.3(K)(3), "Permit Fees",
Paragraph (;) of the Land Development RegulAtions of the City of Delray
Beaoh, Florida, be, and the same i. hereby repealed.
Section 3. That Chapter 2, "Administration", Article 2 . 4,
"General Procedure.", Section 2.4.3, "Submission Requirements". su):)-
section 2.4. 3{K), "Permit", Sub-subsection 2.4.3 (K) (3), "Permit Fees",
of the Land Development Regulations of the City of Delray Beach,
Flor ida, is hereby amended by enacting a new Paragraph (g) to read as
follows:
W
$15.00
Section 3. That should any seotion or provision of this
ordinance or any portion thereof, any paragraph, sentenoe, or word be
declared by a court of competent jurisdiction to be invalid, such deci-
8ion ahall not affeot the validity of the remainder hereof aa a whole or
part thereof other than the part declared to be invalid.
Section 4. That all ordinanc.s or part. of ordinances which
are in conflict herewith are hereby repealed.
SecUon 5. That tbis ordinance ahall become effective ten
(10) days after its pa..age .on .econd and final readin9.
,"
407 278 J~55 ]a~ :5.'~1 : : : 5J c 'c:
CITY ATTORNEY'S OFFICE TEL No. ' . -
" , \
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. "I' ::..' t" '-.
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PASSED AND ADOPTED in reqular session on second and final
reading on this the _____ day of , 1990.
MAYOR
A'I"I'!ST:
City Clerk
First Reading
Second Rea.din9
~
I
2 ORt). NO. 20-91
,"
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # IOnl - MEETING OF FEBRUARY 26, 1991
ORDINANCE NO. 12-91 THROUGH ORDINANCE NO. 18-91 & ORDINANCE
NO. 20-91 THROUGH ORDINANCE NO. 21-91
DATE: February 14, 1991
This is a second reading of nine ( 9 ) 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 allowed in setback areas; provides for an extension of
screened enclosures in zero lot line developments into the
interior side 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.
-Ordinance No. 13-91 provides for an exception for the
encroachment of pool enclosures into the setback areas.
-Ordinance No. 14-91 repeals the restriction on Veterinary
clinics in the General Commercial Zone District and Central
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
for the Isle of Delray Special Activities District (SAD) has
expired; andl 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 lot; provides for the prohibition of wall signs
projecting more than eight (8 ) inches from the wall upon which it
is mounted; and corrects the date in the heading of subsection
4.6.7.(H)(2) from December 8, 1985 to December 18, 1985.
Ordinance No. 16-91 has been amended according to direction
received at your February 12th meeting. The information
regarding gasoline station signs has been removed.
-Ordinance No. 17-91 provides for the proper screening of
industrial uses from adjacent residential uses.
-Ordinance No. 18-91 provides for the extension of canopies,
marquees, and covered walkways into the public right-of-way with
approval from the City Commission.
-Grdinance 19-91 was deferred.
-Ordinance No. 20-91 provides for fees for processing sign
permit applications.
AGENDA REPORT
Meeting of 2/26/91
-Ordinance No. 21-91 deletes a reference to a section of the
Land Development Regulations contained in paragraph 7.1.3 (A) (2);
and repeals paragraph 7.1.3 (A)(3).
The Planning and Zoning Board has reviewed each of these proposed
Ordinances and recommends approval.
- 2 -
'"
[ITY DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE 310 S.L 1st STREIT, SUIT!' 4 . DELRAY BEACH, l-l.ORIDA 334R3
407/243-7090 . TfL!'COPIER 407 /27R-4 755
MEMORANDUM
Date: January 25, 1991
To: City Commission
From: David N. 1 . . ~
To ces, Ass~stant C~ty Attorney
Subject: Land Development Regulation Amendments
This ordinance deletes provisions within the building
regulations portion of the LDR's. Section 1 deletes a
reference to Section 7.1.9(1), which is not in existence.
Section 2 deletes a portion of the code which also addresses a
provision which is not in existence.
DNT: sh
Attachment
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CITY RTTORNEv'S OF~ICE TEL No. 407 ~~8 4755 ]~~ 25.?: : ~ : S 1 ~' . 1';
. .
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"
OtmINANCE NO. 21-91
AN ORDINANCE Of' THE CITY COMMISSION OF THE CITY OF
DELAAY BEACH, FLORIDA, AMENDING CHAPTER 7, "BUILDING
REGULATIONS", ARTICLE 7.1, "BUILDING REGULATIONS",
SECTION 7.1.3, "BUILDING COD!", SUBSECTION 7.1.3(A),
PARAGRAPHS 7.1.3(A)(2) AND 7.1.3(A)(3) OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DEtRAY lEACH, FLORIDA, BY DELETING A
REFERENCE TO A SECTION OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH CONTAINED IN
PARAGRAPH 7.1.3(A)(2) AND BY REPEALING PARAGRAPf{
7.1.3(A)(3); 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, FLORID~, AS FOLLOWS:
Section 1. That Chapter 7, "Buildinq Requlations", Article
7.1, "Buildinq RequlaHons", Seotion 7.1.3, "Buildinq Code", Subsection
?1.3(A}, paragraph 7.1.3(A)(2) ot the Land Development Regulations of
the City of De1ray Beach, Florida, be, and the same i. hereby amended to
rea.d as follows:
(2 ) Appea.ls concerning interpretation or administration
of the provisions of this chapter shall be heard by the Board of
Construction Appeal es~a~~~ahe'--~~--.ee~te~--;T%T9~i+--ef--~fti.
enal'eel'.
Section 2. That Chapter 1, "Suilding Regulations", A.rticle
7.1, "Building Regulations", Section 7. 1. 3 , "Buildin9 Code", Subsection
7 .1. 3 (]>.), Paragraph 7.l.3(A)(3) of the Land Development Regulations of
the City of Oelray Beach, Florida, be, and the same is hereby repealed.
Section 3. That should a.ny section or provision of this
ordinance or any portion thereof I any paragraph I sentence, Or word be
declared by a court of competent jurisdiction to be invalid, such ded-
sion shall not affect the validity of the remainder hereof AS a whole or
pa.rt thereof other than the part declared to be invalid.
S,ction 4. That all ordinanoes or parts of ordinanoes which
are in conflict herewith are hereby repealed.
Seotion S. That this ordinance Ihall become effective ten
(10) days after its passage on aecond and final reading.
PASSED AND ADOPTED in re;ular .el.lon on seoond and find
reading on this the _____ day of I 1991.
MAYOR
A.TTEST:
City Clerk
Fint Readln'i
Second Readin'i
.
d~
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # IoN - MEETING OF FEBRUARY 26, 1991
ORDINANCE NO. 25-91
DATE: February 14, 1991
This is a second reading of an ordinance correcting 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) .
No Planning and Zoning Board action is required on correcting
ordinances.
\)~ ~ 4f7 ~ tM'fC,
"I tt~~
plh.~ '-~~ ~ n 3 ~
w~~ /~ ;<~v L "
'"
I
C I T Y .~ 0 M MIS S ION DOC U MEN TAT ION
TO: C:~ON MACGR~GOR-HARTY, CITY CLERK
~ )(" ~ \ ~~UCL~
FROM: . .nAvirr~J. Kovkcs, DIRECTOR
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 al'~ec..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. Dur ing 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.
.~ ,
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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
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---.-...-- --,--~_._---_.__._--_.._----_.- -----
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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 I. 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, 10 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 Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
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Zoning Change
U She 11 Sta t ion
From "PC" To/(,'GC"
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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 fina 1
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 25-91
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # 10 0 - MEETING OF FEBRUARY 26, 1991
ORDINANCE NO. 26-91
DATE: February 14, 1991
This is a second reading of an ordinance correcting 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.
,"
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~ISON MACGREGOR-HARTY, CITY CLERK
( ~ \, ~~ \ ~UC,,,,--
FROM: -- 'DAvirr~J. K~CS, DIRECTOR
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 a\..,~~,-~ 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.
."
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
.
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ORDINANCE NO. 26-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASS IFICATION FOR A PARCEL OF LAND LYING AND
BEING IN SECTION 13, TOWNSHIP 46 SOCTH, ~~GE 42
EAST, PALM BEACH COu~TY, 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(FI (2) of the Land Development
Regulations has made provisions for relief from improper regula-
tions; and,
.;HEREAS, 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, Florlda, dated October 1, 1990, be, and the same is
hereby corrected to reflect a zoning classification of GC (Gener-
al Commerciall 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 Judqment
recorded in Official Record Book 3499, Page
1652, and le.s 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 Distr ict Map of the City of Delray Beach, F lor ida, to
conform with the provisions of Section 1 hereof.
Section 3. That all ordinance. or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
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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
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:
Zoning Change
Shell Statton
From "PC" To "GC"
PC
ATLANTIC
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # - MEETING OF FEBRUARY 26, 1991
ORDINANCE NO. 28-91
DATE: February 19, 1991
This is a second reading of 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, Inc.
Old School Square, Inc. has requested that the Commission consider i
this action. In order to generate revenues, Old School Square, Inc.
is proposing to hold various activities such as wedding receptions,
corporate meetings, exhibits, and special events. Along with these
events the need to serve and/or sell alcoholic beverages may arise.
Without the exception, Old School Square, Inc. would need to request
a waiver for each event. Currently, City Code provides that the
City Manager can waive consumption provisions and that the City
Commission can permit the sale of alcoholic beverages.
Should the Commission approve this ordinance, Old School Square, Inc.
would be required to obtain liquor liability insurance. In addition, I
the sponsoring organizations would be required to obtain a state 1
license to serve and sell alcoholic beverages. I
Recommend approval of Ordinance No. 28-91.
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r-'fm~ JANUARY 31~1991
lT1R . BOB BARCINSKI
ASST. CITY !'lANAGEP
1. ~) (; I"i., W . 1ST AVE.
DELFAY BEACH,FL. -33444
OlD DEAR BOB;
SCHOOl DURING PREVIOUS OLD SCHOOL SQUARE BOARD MEETINGS, yOU
WILL RECALL THE DISCUSSIONS REGARDING THE USE OF ALCOHOL O~
THE SITE. AT YOUR SUGGESTION, WE ARE REQUES~ING THAT THE
.SOUAR(. COMMISSION ADD OLD SCHOOL SQUARE TO THE LIST OF EXCLUSIONS OR
EXCEPTIONS, AS IS THE DELRAv BEACH GOLF CLUB, FDR THIS USE.
CULTURAL ARTS CENTER
THE BOARD'S INTENTION IS TO CREATE AN OPPORTUNITY FOR
THE SITE TO BEGIN PRJD~CING REVENUES. T~E RESTORED BUILDINGS
WILL SOON BE ABLE TO ACCOMDDATE EVENTS ON A RENTAL BASIS,
SUCH AS WEDDING RECEPTIONS, CCRFORA TE ,-1EET I NGS , MLSICAL
EXHIBITIONS AS WELL AS MUSEUM OPENING CELEBRATIONS. BECAUSE
IT IS USUAL AND CUSTOMARY TO SERVE WINE AND CHAMPAGNE AT
~HESE VARIOUS FUNCTIONS, WE WILL BE GREATLY HINDER~D IN OLP
MARKE~ING IF THE R~FRESHMENTS ARE NOT ALLOWED. OUR OWN FLND
RAISING EVENTS, SUCH AS THE JPCOl"1 I NG PROM, WOLLD BE MET WITH
NEGATIVE RESPONSES AND POOR ATTENDANCE IF IT WERE KNOWN THAT
LIBATIONS WERE UNAVAILABLE.
YOU MAY REST ASSUFED 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~ELY'
/ ,------
./ /Zth~
FRA CES F. BOURQUE
CHAIRMAN OF THE BOARD
FFB;dja
4: pl>"ll; ci tybze
Old School Square, Inc.
Post OftIce Box 1897
51 North s..wuon 1\.tenue
DeIray Beach. Florida 33447
(407) 243-7922
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ORDINANCE NO. 28- 91
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~, and the Delray Beach Elementary
School property in conjunction with a
s ecial event or Old School S uare Inc.
sponsore or renta act~v~ty;
(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 Beverage s" , 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:
- -
, -- -- --- ._._-- --
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 Pu bli c 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:
See, 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) that
the
(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 I
"Alcoholic Beverages" , "Sale of Alcoholic Beverage s" , 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:
,"
1
.
0
.
r-'"!1" JANUARY 31 ~ 1':t91
r"'1R. BOB BARCINSKI
ASST. CITY ,'iANAGER
1. ()() t;..i. L1J . 1ST AVE.
DELRAY BEACH~FL. 33444
OlD DEAR BOB;
SCHOOl DURING PREVIOUS OLD SCHOOL SQUARE BOARD MEETINGS~ yOU
WILL RECALL THE DISCUSSIONS REGARDING THE USE OF ALCOHOL O~
THE SITE. AT YOUR SUGGESTION~ WE ARE REQUES-ING THAT THE
.SOUAR(. COMMISSION ADD OLD SCHOOL SQUARE TO THE LIST OF EXCLUSIONS OR
EXCEPTIONS~ AS IS THE DELRAv 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 ACCOMGDATE EVENTS ON A RENTAL BASIS~
SUCH AS WEDDING RECEPTIONS~ CORFORA TE ,'IEET I NGS ~ MLSICAL
EXHIBITIONS AS WELL AS MUSEUM OPENING CELEBRATIONS. BECAUSE
IT IS USUAL AND CUSTOMARY TO SERVE WINE AND CHAMPAGNE AT
~HESE VARIOUS FUNCTIONS~ WE WILL BE GREATLY HINDERED IN OUR
MARkETING IF THE REFRESHMENTS ARE NOT ALLDWED. OUR OWN FLND
RA I SING EVENT'; ~ SUCH AS THE JPCOMING PROM~ WOLLD 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.
SlN~ELY'
/ ,------
./ /l th-eP
FRA CES F. BOURQUE
CHAIRMAN OF THE BOARD
FFB;dja
4:pl>-ll;citybze
Old School Square, Inc.
Post OIIice Box 1897
51 North Su,;nfon ft.oenue
DeIray Beach, Florida 33447
(407) 243-7922
-- -._~--------~------~_._---~. -- ---.-- _._---~- ---
--- - -------._----- . --~--~--~-- --
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 clubsL 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 within
any one 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 this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
',"
,
~~c.. ;;1;JG jq /
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PETITION '1'0 'I1IE CITY OF DELRAY llEACII ( .
WHEREAS THE AVERAGE RESPONSE TIME FOR THE FIRE RESCUE TEAM
FROM EASTERN DELRAY BEACH TO WESTERN DELRAY BEACH IS TEN
MINUTES OR MORE AND,
WHEREAS MEDICAL AUTHORITIES HAVE DETERMINED THAT A HEART
ATTACK VICTIM MUST HAVE PARN1EDIC ATTENTION TO SURVIVE,
NOW THEREFORE, WE THE RESIDENTS OF DELAIRE COUNTRY CLUB,
HEREBY PETITION YOU, THE HONORABLE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF DELRAY BEACH, TO IMMEDIATELY
PROVIDE FOR A TEMPORARY EMERGENCY FIRE RESCUE FACILITY IN
THE SOUTH WESTERN SECTOR OF DELRAY BEACH.
FURTHERMORE, WE REQUEST THAT WE BE IMMEDIATELY INFORMED OF
YOUR INTENTIONS.
NAME 17~';~ tJJ~,
~') '~
eft: (j Lfj~33 VJ~~~'
~J~ yIr -1 Cv-~ ~~ ~
~~
g~LLJ~ I fo6S'"1 J ' ) ,
/ h~S-:D
~~~~ ~(9~&J).
~ 3 ~7/
~tJJ~
' ,() / r q),-~~
Cfl~f~
.~c~ ' l(~b L (" Vf () IV. Ie (3.(,.vp
Lj~ 5~'- j::i::
~~ 1f9' UJ
. (
j)iJ 0110- /~ /0 7b r ~ WJJ~
~ #>'7 ~~L
'Ji~ ~ Cf7orO Au ~ lJ
~/9L~ 1~t,7k ~ ~ ~4'
~ W~ ~ 0~t? tumlLcJM&Cq;f!~,
~ ~ ~~7TJ ~Ot& ~ JJ~ ~
;11/~ ~. 37ffi( U iJ;VIdjA ~.
~~.~ S'J/d0 )~ ~~
I~
I
PETITION '1.'0 TIlE CITY OF DELlu\Y BEACH
WHEREAS THE AVERAGE RESPONSE TIME FOR THE FIRE RESCUE TEAM
FROM EASTERN DELRAY BEACH TO WESTERN DELRAY BEACH IS TEN
MINUTES OR MORE AND,
WHEREAS MEDICAL AUTHORITIES HAVE DETERMINED THAT A HEART
ATTACK VICTIM MUST HAVE PARAMEDIC ATTENTION TO SURVIVE,
NOW THEREFORE, WE THE RESIDENTS OF DELAIRE COUNTRY CLUB,
HEREBY PETITION YOU, THE HONORABLE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF DELRAY BEACH, TO IMMEDIATELY
PROVIDE FOR A TEMPORARY EMERGENCY FIRE RESCUE FACILITY IN
THE SOUTH WESTERN SECTOR OF DELRAY BEACH.
FURTHERMORE, WE REQUEST THAT WE BE IMMEDIATELY INFORMED OF
YOUR INTENTIONS.
NAME STREET ADDRESS
CJ 1~(;O?:r;oJYLtJOO d D~
...Y
"-
1ft ~ d7~ tzd 4kI,
p~:- IL~ L/rj2/ L~ O~ ~I
.r
!l/ItWr '79 f/~~-~
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{ 1Jj-) I ~7~ " C C
d~ . "
~~7f ~ tJ
/IJ~ }/~
Et~ Y~3 ? L L'Vt' ult- () [U t
~ ~~ I { 7 fy ;(~~I-'{'e A,
,.' l
;
U rr.- ~ ~rst1 . ~ J.;: O-~ (3lvn-
qS (uz _
~~, gr;;-z 1.( v~ Mg~/I)
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J r/ 7 /7c..j' ~ ~
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~7 ~16f: n ,-yo ~~, ;Qrl ,
, /6.!3cf ~ ~ ~
I"
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.
PETITION '1.'0 ~'HE CITY OF DELRl\Y BEACH
WHEREAS THE AVERAGE RESPONSE TIME FOR THE FIRE RESCUE TEAM
FROM EASTERN DELRAY BEACH TO WESTERN DELRAY BEACH IS TEN
MINUTES OR MORE AND,
WHEREAS MEDICAL AUTHORITIES HAVE DETERMINED THAT A HEART
ATTACK VICTIM MUST HAVE PARAMEDIC ATTENTION TO SURVIVE,
NOW THEREFORE, WE THE RESIDENTS OF DELAIRE COUNTRY CLUB,
HEREBY PETITION YOU, THE HONORABLE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF DELRAY BEACH, TO IMMEDIATELY
PROVIDE FOR A TEMPORARY EMERGENCY FIRE RESCUE FACILITY IN
THE SOUTH WESTERN SECTOR OF DELRAY BEACH.
FURTHERMORE, WE REQUEST THAT WE BE IMMEDIATELY INFORMED OF
YOUR INTENTIONS.
STREET ADDRESS
9J>f~ w.u;- tJ~L
YlfV L~ Itdt ~,
I PI,D. 37'6 / L/~ OCfI ~hI?
/j-f72 h/~ ~ ~
fj21 L()~ ~
'+7 s-' ~ 7r~ f)/7 .
4t1U ~ j-~ Ik.
~.5-~d ~ a~/ ~/
(A. ~ t. --- )
.r
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f; . VI .
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~ ~~ Woo t~ OJ jJt,.f: ~
/%'~ / ~ /5-7/.:( ~t/,u/d/Jt(ai/?~-I/f';:pl'Ek'l
. ~L;/ . 20~o <; 4/ '~ II, f r- .f;>..JL., .
t:~ ~ 't5'/~ 11d~~. (J~~
r t& ... ~ ~ I k f ~cJ ~.Il~~ {)oe/r G.>t. J.L Lh.t~
~. of4t~ )11 Ale <;- d D-fI(C~Y
{ (1)
"
I
PETITION '1'0 TilE CI'lY OF DELlu\Y BEACH
WHEREAS THE AVERAGE RESPONSE TIME FOR THE FIRE RESCUE TEAM
FROM EASTERN DELRAY BEACH TO WESTERN DELRAY BEACH IS TEN
MINUTES OR MORE AND,
WHEREAS MEDICAL AUTHORITIES HAVE DETERMINED THAT A HEART
ATTACK VICTIM MUST HAVE PARAMEDIC ATTENTION TO SURVIVE,
NOW THEREFORE, WE THE RESIDENTS OF DELAIRE COUNTRY CLUB,
HEREBY PETITION YOU, THE HONORABLE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF DELRAY BEACH, TO IMMEDIATELY
PROVIDE FOR A TEMPORARY EMERGENCY FIRE RESCUE FACILITY IN
THE SOUTH WESTERN SECTOR OF DELRAY BEACH.
FURTHERMORE, WE REQUEST THAT WE BE IMMEDIATELY INFORMED OF
YOUR INTENTIONS.
NAME STREET ADDRE~ CuI 4L.f r;t~...~
7"317 w
'-(v y ~ L\l/-t V,4v(
'1573 ~ ~ ~
4J--o / ~ &k~<
3. g~ g; L... u.>-e. C)o~ ~
37// Idt'-koyft Ii!:
49V2t L ~~
00n L ~..~
1J/tJ /;~ cd Vv{
Jfj- 0 r /vfD 1~ k
. I 56-3 S~~f
3> ~ Lr .s ~ ~~.
'S677 ~~~~
=7 7( ( ril1 /frvr. ~
LfSS-7 ~~J Q/O~f3 (vt{
/~6'f7y~ 4v
, 51'J-3 ~C~C34,
.3cr-VJ~O~~
J 901 S- L.l/C-E &Jk.. 13/l/dJ
.).-0
.
PETITION TO THE CITY OF DELRAY BEACH
WHEREAS THE AVERAGE RESPONSE TIME FOR THE FIRE RESCUE TEAM
FROM EASTERN DELRAY BEACH TO WESTERN DELRAY BEACH IS TEN
MINUTES OR MORE AND,
WHEREAS MEDICAL AUTHORITIES HAVE DETERMINED THAT A HEART
ATTACK VICTIM MUST HAVE PARAMEDIC ATTENTION TO SURVIVE,
NOW THEREFORE, WE THE RESIDENTS OF DELAIRE COUNTRY CLUB,
HEREBY PETITION YOU, THE HONORABLE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF DELRAY BEACH, TO IMMEDIATELY
PROVIDE FOR A TEMPORARY EMERGENCY FIRE RESCUE FACILITY IN
THE SOUTH WESTERN SECTOR OF DELRAY BEACH.
FURTHERMORE, WE REQUEST THAT WE BE IMMEDIATELY INFORMED OF
YOUR INTENTIONS.
STREET ADDRESS
40cfj ftuL (!)A/( flL()jJ
) J-b r t b 7 3 --- ..~
eM, . ~
"HIL LffY5-~/~ OU~
~ (r3 (f2 ~ ( '"- ~/3
_ d/~c~, r::;~L- /(;:9,;]/ _ r~Qqr -'---~~J,-,
~ee---rb ~ '1J~J ~~ l-<-d~ ~ .
iq cf)02-~ tJJ~.~/~
~~rj66t~fbPv~
~~k~ C'tt /b~6J--fd~ ~ t;~
;>dad!!-. .J / 1~;9kf( 3711- ~ 7l/r~
I C; 'l Y Ii f;/J;
{/ fi~ 3eg>(o!~ ~
\ J;cf~ Lf 3 7<. tV /(1 ff CCtJ' 4/( L..A/
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,~ \ t/ :7 >/ ,~7 ~,?c--? ~
~~.~ ~Jf. H' 'J.;> -6 .
\ I ~ I /./
~/I(-// fir ''', Iq
,
.
PETITION TO THE CITY OF DELRAY BEACH
WHEREAS THE AVERAGE RESPONSE TIME FOR THE FIRE RESCUE TEAM
FROM EASTERN DELRAY BEACH TO WESTERN DELRAY BEACH IS TEN
MINUTES OR MORE AND,
WHEREAS MEDICAL AUTHORITIES HAVE DETERMINED THAT A HEART
ATTACK VICTIM MUST HAVE PARAMEDIC ATTENTION TO SURVIVE,
NOW THEREFORE, WE THE RESIDENTS OF DELAIRE COUNTRY CLUB,
HEREBY PETITION YOU, THE HONORABLE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF DELRAY BEACH, TO IMMEDIATELY
PROVIDE FOR A TEMPORARY EMERGENCY FIRE RESCUE FACILITY IN
THE SOUTH WESTERN SECTOR OF DELRAY BEACH.
FURTHERMORE, WE REQUEST THAT WE BE IMMEDIATELY INFORMED OF
YOUR INTENTIONS.
NAME STREET ADD~SS -/ ~,
. ~"" Y 7 f?o ~2~-v-/ /
h. /,' jA~ ' /It!J.-/J MA/ '--:;J 3Yt/r
/l' .. ..-'- (~ ~<
~~/~V . .. (( II
f ' ,(-. If . . kc.t...vr'e... /~
~.V\.:' .,' ~'-\: ~C-\-\{"'I.L~--'- '-t <6'OD ~ . M-
- ~ /?7q/~. ~_ J.Q..-,
" ! b J$L '- ~(7~ J:L
/61'1d ~ Q~~
4-J 'p cf. W fl;.;bj2~.M ~
.~~
WdS'Y~'. . ~
109/~~r~
!6rS2J ~ / ~:
/t fSV ~ &/J{~ ~
~31 (~ (fJ~ (),/3iqv'-ev'-ei ,
IC:<{(2-~f0eL~~
J)&~u a ,o-{~~-~.
,/'1/1/0 u~ ~~s0~ ,
~~~:
if . . J/'.L_ ~
~~~s ~~ \ 1
n~ ~/y 7 ~ ~~ ~QloJi ~CL~
IItJ5 ;kt~1 ~
~
PETITION TO THE CITY OF DELRAY BEACH
WHEREAS THE AVERAGE RESPONSE TIME FOR THE FIRE RESCUE TEAM
FROM EASTERN DELRAY BEACH TO WESTERN DEL RAY BEACH IS TEN
MINUTES OR MORE AND,
WHEREAS MEDICAL AUTHORITIES HAVE DETERMINED THAT A HEART
ATTACK VICTIM MUST HAVE PARAMEDIC ATTENTION TO SURVIVE,
NOW THEREFORE, WE THE RESIDENTS OF DELAIRE COUNTRY CLUB,
HEREBY PETITION YOU, THE HONORABLE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF DELRAY BEACH, TO IMMEDIATELY
PROVIDE FOR A TEMPORARY EMERGENCY FIRE RESCUE FACILITY IN
THE SOUTH WESTERN SECTOR OF DELRAY BEACH.
FURTHERMORE, WE REQUEST THAT WE BE IMMEDIATELY INFORMED OF
YOUR INTENTIONS.
~tr STREET ADDRESS
31~~
J~Wf
t:~ ~~~ "....----,
/ c S- C;':L -I-.~ -7--~ oo~ D r-',
~~;/ta~~ DJ2/ V-jt (3-Rc> C {,.. r~,
/" s 11 ~--rJ-.-J;[;:v
JL f~ L0u2J ;3c~~, ~
lfo(?Cjc; (;!,'/d ~,~<-L CR-~
'-Is 7 f- Vv/f-)~ (! R5/l.Ah.-.- L. /J
, 'c;r.:fIiy;
~ ,
/~ccf !(~wAP1if)
) fb99;, ~~ . ~j)~
jj
~
~ Lf,r?Jf
k::7
_ ~A[{JJ L/(:l~ J~ ~ .~
I (~ (, r 0 ~~'rJAJ4
((jJ-i' lfh,~)- II
4btf~ ~ ~ 2~.
cJ{~r C?~ ;&A ht c~ ~.M/
~1 - 379/
){n~ r0--v;-+-e/~
~...... #0.:;- cv(rre- @~j)A-tL ~rV "
Ifill-. tUJu1:L~~
<:>
2 tz,'\T\~ 3'1 q C, I~~~ 1--1 ~,4-k ~(~
r-?U~/ "~
~~Y'C C0/ ,
~ ~, /0f / G ~ ~ ~~
I~
,
I
PETITION '1.'0 '1.1IE CITY OF DELRl\Y BEACH
WHEREAS THE AVERAGE RESPONSE TIME FOR THE FIRE RESCUE TEAM
FROM EASTERN DELRAY BEACH TO WESTERN DELRAY BEACH IS TEN
MINUTES OR MORE AND,
WHEREAS MEDICAL AUTHORITIES HAVE DETERMINED THAT A HEART
ATTACK VICTIM MUST HAVE PARAMEDIC ATTENTION TO SURVIVE,
NOW THEREFORE, WE THE RESIDENTS OF DELAIRE COUNTRY CLUB,
HEREBY PETITION YOU, THE HONORABLE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF DELRAY BEACH, TO IMMEDIATELY
PROVIDE FOR A TEMPORARY EMERGENCY FIRE RESCUE FACILITY IN
THE SOUTH WESTERN SECTOR OF DELRAY BEACH.
FURTHERMORE, WE REQUEST THAT WE BE IMMEDIATELY INFORMED OF
YOUR INTENTIONS.
~ S101RE~ ~ .
.
J/7C/C- J:ue, 't"Qr,
4.5!J () M,c~ 4
/ b{i'fL/ ;&-."7c- #;tit?.
- ~
4"F01v~~~
Lf'(::e,? w4,t.e CBkcp}
(079 (j firlt/~fat aM~
'~' t-(D/1 7f2L( F~l ~
~~ Cf <(2 / v-& C~L-
~ 3 70 -5- J? y~j //Jar /~ (~ K:"/~
, ~
~) ~ l~ fb(fV1/1 !Q( ~ ~,~ y-~ I
ff7f!/ide ~ Pc. ,
Jf~
/ u 11;;! ~ (!5cj ~
.~~ (bY)? ~ ~
ju<<dJ ~&bc lfWo, ~ {Wle/lufJ-- -
I bt 7l- ~C:f 2Jre.
/ '~cZt=
' ~ GcA rC(J6?6 ~Cld/Gt 01J8 epe,
I (6~6o ST,//P/ y;(c:~v/.1f'C-
< .. ~/ ~'~7 7:C~ {~ </...57 ,,- {(iJ; c (' j~l t:--~
I;;
I
PETITION TO THE CITY OF DELRAY BEACH
WHEREAS THE AVERAGE RESPONSE TIME FOR THE FIRE RESCUE TEAM
FROM EASTERN DELRAY BEACH TO WESTERN DELRAY BEACH IS TEN
MINUTES OR MORE AND,
WHEREAS MEDICAL AUTHORITIES HAVE DETERMINED THAT A HEART
ATTACK VICTIM MUST HAVE PARAMEDIC ATTENTION TO SURVIVE,
NOW THEREFORE, WE THE RESIDENTS OF DELAIRE COUNTRY CLUB,
HEREBY PETITION YOU, THE HONORABLE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF DELRAY BEACH, TO IMMEDIATELY
PROVIDE FOR A TEMPORARY EMERGENCY FIRE RESCUE FACILITY IN
THE SOUTH WESTERN SECTOR OF DELRAY BEACH.
FURTHERMORE, WE REQUEST THAT WE BE IMMEDIATELY INFORMED OF
YOUR INTENTIONS.
NAME STREET ADDRESS
c=- ~L'-C~ ~ ~~ J
117 ffh C<?e ,r "--' 'D ~ ·
~ vw-<- /t;4. ... . .~ CJ;v ,
$~~ 7/66 ~O6'1( (5.~
~~ ~ if! V ~ ~ t2tJ/0 ~
~1:L ~;2-5~ ~~ tf) cd; fiev-c:,f'
I
/tf t u &L~
\ , ~~dYCfrY-
~' XJ 4:; h,
L('1)J ~ ~ ~
~hf&g ~~'f}6 / (; l/2-S&- ecrff!JI()X
~f ..((. J r;ct? L-t ~3' 04 f( 7)114
.~9~ fcfrcf.~~:Ai?6C-
-
~1 'WJ ,rJ SwJ
f;:;L~ ~
fL. b e7tr .,: fiLS,-{
Ijl
.
I
PETITION ~ro 'rilE CITY OF DELRAY llEACII
WHEREAS THE AVERAGE RESPONSE TIME FOR THE FIRE RESCUE TEAM
FROM EASTERN DELRAY BEACH TO WESTERN DELRAY BEACH IS TEN
MINUTES OR MORE AND,
WHEREAS MEDICAL AUTHORITIES HAVE DETERMINED THAT A HEART
ATTACK VICTIM MUST HAVE PARAMEDIC ATTENTION TO SURVIVE,
NOW THEREFORE, WE THE RESIDENTS OF DELAIRE COUNTRY CLUB,
HEREBY PETITION YOU, THE HONORABLE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF DELRAY BEACH, TO IMMEDIATELY
PROVIDE FOR A TEMPORARY EMERGENCY FIRE RESCUE FACILITY IN
THE SOUTH WESTERN SECTOR OF DELRAY BEACH.
FURTHERMORE, WE REQUEST THAT WE BE IMMEDIATELY INFORMED OF
YOUR INTENTIONS.
NAME C' STREET ADDRESS
)[;~ iJ?Jif J1-L ~ C0-~L
/6:j ~ ' GA
%A I ~ rre [J21,
~y~~
~~~ (~~~~~ ib&<O( 6:"", ~~k ~
\ 3171 o/~ 13b~.
/677-/ ~ ~ ~,
rjJ~ ?tkf{ It:? C~fi~ J)(0~ ~
~~SQ Ll 'v~ o rt/C 1)Lv-d.
~~
J!1/fJ
1(; 67Y ~
Lf3[>j ~ ~ ~
ts- ~( V/ b{;( ,E L- Klf4 'Iv A.ft j/t2
I ~vor {?~~O~~
,
Y{Pn II-; . IbYi-rSlve/{)I1L ~
3'717L ~cf ~yk
~ Ie\:0t ~$ 4~'3D L.v'& D\H-L-
(U~~ g~4---J. (t'!oo ~~4.-{)~~.
A ~ -/r~~q" ;0~ ?~(J L-n,
/!u/~k-/--~,r 3~3~~ ~, CYH( /]L~, .2J
.
.
PETITION '1'0 THE CI'l'Y OF DELHAY BEACH
WHEREAS THE AVERAGE RESPONSE TIME FOR THE FIRE RESCUE TEAM
FROM EASTERN DELRAY BEACH TO WESTERN DELRAY BEACH IS TEN
MINUTES OR MORE AND,
WHEREAS MEDICAL AUTHORITIES HAVE DETERMINED THAT A HEART
ATTACK VICTIM MUST HAVE PARAMEDIC ATTENTION TO SURVIVE,
NOW THEREFORE, WE THE RESIDENTS OF DELAIRE COUNTRY CLUB,
HEREBY PETITION YOU, THE HONORABLE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF DELRAY BEACH, TO IMMEDIATELY
PROVIDE FOR A TEMPORARY EMERGENCY FIRE RESCUE FACILITY IN
THE SOUTH WESTERN SECTOR OF DELRAY BEACH.
FURTHERMORE, WE REQUEST THAT WE BE IMMEDIATELY INFORMED OF
YOUR INTENTIONS.
NAME STREET ADDRESS
/ b 7 ;Lj ~ Le-0v!/J- :Jr ~
, ?~ fILK-' "
\~ .A
/' \' L./ d 7.3 LI K:/ CiA-Ie- ,5L (//)
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PETITION TO THE CITY OF DELRAY BEACH
WHEREAS THE AVERAGE RESPONSE TIME FOR THE FIRE RESCUE TEAM
FROM EASTERN DELRAY BEACH TO WESTERN DELRAY BEACH IS TEN
MINUTES OR MORE AND,
WHEREAS MEDICAL AUTHORITIES HAVE DETERMINED THAT A HEART
ATTACK VICTIM MUST HAVE PARAMEDIC ATTENTION TO SURVIVE,
NOW THEREFORE, WE THE RESIDENTS OF DELAIRE COUNTRY CLUB,
HEREBY PETITION YOU, THE HONORABLE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF DELRAY BEACH, TO IMMEDIATELY
PROVIDE FOR A TEMPORARY EMERGENCY FIRE RESCUE FACILITY IN
THE SOUTH WESTERN SECTOR OF DELRAY BEACH.
FURTHERMORE, WE REQUEST THAT WE BE IMMEDIATELY INFORMED OF
YOUR INTENTIONS.
NAME STREET ADDRESS
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PETITION TO 'rilE CITY OF DELRAY BEACII
WHEREAS THE AVERAGE RESPONSE TIME FOR THE FIRE RESCUE TEAM
FROM EASTERN DELRAY BEACH TO WESTERN DELRAY BEACH IS TEN
MINUTES OR MORE AND,
WHEREAS MEDICAL AUTHORITIES HAVE DETERMINED THAT A HEART
ATTACK VICTIM MUST HAVE PARAMEDIC ATTENTION TO SURVIVE,
NOW THEREFORE, WE THE RESIDENTS OF DELAIRE COUNTRY CLUB,
HEREBY PETITION YOU, THE HONORABLE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF DELRAY BEACH, TO IMMEDIATELY
PROVIDE FOR A TEMPORARY EMERGENCY FIRE RESCUE FACILITY IN
THE SOUTH WESTERN SECTOR OF DELRAY BEACH.
FURTHERMORE, WE REQUEST THAT WE BE IMMEDIATELY INFORMED OF
YOUR INTENTIONS.
NAME STREET ADDRESS
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PETITION ~ro TIlE CITY OF DELlu\Y lJEJ\CII
WHEREAS THE AVERAGE RESPONSE TIME FOR THE FIRE RESCUE TEAM
FROM EASTERN DELRAY BEACH TO WESTERN DELRAY BEACH IS TEN
MINUTES OR MORE AND,
WHEREAS MEDICAL AUTHORITIES HAVE DETERMINED THAT A HEART
ATTACK VICTIM MUST HAVE PARAMEDIC ATTENTION TO SURVIVE,
NOW THEREFORE, WE THE RESIDENTS OF DELAIRE COUNTRY CLUB,
HEREBY PETITION YOU, THE HONORABLE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF DELRAY BEACH, TO IMMEDIATELY
PROVIDE FOR A TEMPORARY EMERGENCY FIRE RESCUE FACILITY IN
THE SOUTH WESTERN SECTOR OF DELRAY BEACH.
FURTHERMORE, WE REQUEST THAT WE BE IMMEDIATELY INFORMED OF
YOUR INTENTIONS.
NAME STREET ADDRESS
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