06-04-91 Special/Workshop
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
SPECIAL/WORKSHOP MEETING - JUNE 4, 1991 - 6:00 P.M.
FIRST FLOOR CONFERENCE ROOM
AGENDA
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.
Pursuant to Section 3.07 of the City Charter of the City of Delray
Beach, Florida, Mayor Thomas E. Lynch has instructed me to advise you
of a Special Meeting of the Comm~ssion to be held in the First Floor
Conference Room at 6 P.M. on Tuesday, June 4, 1991.
This meeting has been called for the purpose of considering the
following:
SPECIAL MEETING AGENDA
1. Agreement for a pilot program to permit a cruise boat operation at
Veteran's Park.
2. Agreement between the City and Southern Bell for the installation
of conduit along the 16 Inch Transmission and Subaqueous Water Main
(Intracoastal Crossing).
3 . Lease Agreement - AS400 Computer System.
{ii~f!iæ)íwplla7:iy-
Alison MacGregor Harty
City Clerk
WORKSHOP AGENDA
1. Presentation of Master Plan for Municipal Golf Course
Improvements.
2. Report on Status of Geographic Area of Exception (GAE)
Application.
3. Report of Condition - Swinton Avenue (from S.W. 10th Street to
north City limit).
4 . Retrofitting of Backflow Preventers on water service lines for
commercial, multi-family, and residential customers.
5. Voting Delegate for 65th Annual Florida League of Cities
Convention.
I 6. ' Method of presenting opposition to language contained in the Palm
Beach Countywide Planning Council's referendum ballot.
7. Commission Comments.
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[ITY DF DELRRY BEREN
CITY ATTORNEY'S OFFICE 310 S,E. 1st STREET. SUITE 4 . DELRA Y BEACH. FLORIDA 33483
407/243-7090. TELECOPIER 407/2784755
MEMORANDUM
DATE: June 4, 1991
TO: City Commission
FROM: Jeffrey S. Kurtz, City Attorney
SUBJECT: Agreement with Louie's Lady and Direction to Process
Conditional Use Applications
The temporary license agreement that the Commission is
contemplating entering into on June 4, 1991 is just that,
temporary. It is anticipated that the trial period will be
concluded on or shortly after July 23 and although the agree-
ment can be continued indefinitely on a month to month basis,
the boat, Louie's Lady, will be located in the Jupiter area for
the season. The trial period is to be one which the Commission
and the-ap~licant will further evaluate the desirability and
feasibility of running a successful cruise boat operation from
the vicinity of Atlantic Avenue and the intracoastal.
The present staff plan is to process, at the applicant's
expense, conditional use request for Commission consideration
at your regularly scheduled meeting of July 23, 1991. There
will be two conditional use request brought before the
Commission at that time, one for the original location south of
Atlantic and the other at Veteran's Park. If Veteran's Park is
to be considered, the impact of such should be addressed as an
option in the planning of the park. This planning process is
ongoing and being led by Currie Schneider Architects. It is my
understanding that a presentation on the proposed design of the
park will be made to the Commission sometime in June or July.
In addition, in order to accommodate a commercial boat use in a
community facility zoned city park, amendments to the code may
be necessary and that analysis is presently being done by the
Planning Director, in conjunction with our office. A report as
to any necessary amendments will be presented to you at your
June 14 regular meeting for further direction.
The temporary agreement, as would any permanent agreement, is
structured as a license for two basic reasons. The first, and
most important, is the license does not grant the holder any
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City Commission
June 4, 1991
Page 2
rights to the land. The holder merely has the right to use
that land, and therefore termination and eviction are greatly
simplified. The second reason is that a license arrangement is
not contemplated in the statutes and ordinances requiring a
public bidding/request for proposal; therefore, in a technical
sense, a license arrangement eliminates the necessity of
publicly bidding or seeking request. for proposals for that
period. This will allow the City to license the use of the
park without complying with any of the notice requirements that
would be contemplated by ordinances and state statutes for a
lease or purchase arrangement. While I firmly believe that
this interpretation is legally correct and would succeed, if
challenged, it does go against a philosophy that the use or
purchase of land from a public entity should be opened to all
bidders in a competitive situation. Working against the public
advertisements and solicitation of proposals is Captain Marks'
need to work out a long term arrangement for docking, and his
need to commission the construction of a boat in time not to
miss the upcoming season.
Direction as to how to proceed if City property is to be
potentially used as a permanent docking facility is needed from
the Commission as soon as possible.
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cc: David Harden, City Manager
David Kovacs, Director of Planning and Zoning
Joseph Weldon, Director of Parks and Recreation
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. . 407 278 4755 May 30,91 5:07 P.02
CITY ATtORNEY'S OFFICE TEL No.
LICENSE AGREEMENT FOR BOAT DOCKAGE
This Agreement, made the _ day of June, 1991 by and
between the City of De1ray 8each, Florida, (hereinafter
referred to as "City") as Licensor, and the undersigned T & R
Cruises, Inc. and ¡SAN Charters, Inc. d/b/a Stillwater Cruises
operating jointly as Llcensee(s).
WHEREAS, pursuanc to sec. 9Z.15 of the Code of Ordinances
ot the City of Delray Beach, the City Commission has the power
to permic the mooring ot boats to any real and personal
property which is owned by the-city, and,
WHEREAS, che City and Licensee are desirous of using
Veterans Park property (hereinafter referred to as "Park")
adjacttnt to the IntracoAstal for the purpose of ascertaining
the desirability and feasibility of running a cruise ship
operation along the Intracoastal embarking and debarking in the
general vicinity of Atlantic Avenue, and,
WHEREAS, by entering into this License Agreement, the City
shall have been deemed to have given permission to Licensee
pursuant to Sec. 92.15 for the above-referenced purposes under
the terms and conditions as set forth below.
WHEREAS, the Licensee 1s the owner of the following
vessel:
Name 01: Vessgl Loules Lady Overall Length 65'
Beam 20' Draft 4.5 Power Twin Diesel
Own~r(ø) T&R Crulses, Inc.! a Florida CorÞoration
Business Address 351 U.S. KiQhwav 1, Jupiter, FL,,33477
Phone (407) 627-6280
OperatoX'(s) ISAN Charters, Inc. d/b/a ~tl1lwater Cruises
Business Address 200 S. Ocean Blvd.. Delray Beach. FL 33444
Phone (407) 734-8642
WHEREAS, T & R Cruises, Inc. is the owner of Louieø Lady;
and,
WHEREAS, T & R-cruises, Inc. and ISAN Charters, Inc. d/b/a
Stillwater Cruises have an agreement for ISAN Charters, Inc. to
operAte the boat cruises from Delray Beach during the pendency
of thiB agreement; and, Sp (I
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CIíY RTTORNEY'S OFFICE TEL No: 407 278 4755 May 30,91 5:08 P.03
WHEREAS, it is the intent of the parties for all refer-
ences in this agreement to Licensee to jointly and severally
bind T , R Cruises, Inc. and ISAN Charters, Inc. d/b/a
Stillwater Cruises.
NOW, THEREFORE, the parties hereto agree as follows:
1. The term of this Agreement shall commence on June 6,
1991 and continu"e on a month-to-month basis with automatic
renewals unless it is terminated upon one of the following
conditions:
ð. By breach or forfeiture of any of the covenants
or conditions of this agreement.
b. By written notice ot termination by the City.
c. ay written notice of termination by the
Licensee, accompanied by tender of unpaid fees
or charges, if any.
d. By the dock or mooring facility becoming unser-
viceable for any reason whatsoever.
2. A dockage tee of Two Hundred Fifty Dollars ($2'0.00)
per month shall be charged by the city. All dockage fees are
due on June 6th and the 6th of every month thereafter. Failure
to pay any outstanding balance shall constitute a breach of
this License Agreement and authorize the City to sell the boat
at a non-judicial sale or to take any other legal action or
remedy available pursuant to Florida law. The city shall have
4 lien and a security interest in the above described boat, its
appurtenances, and contents for unpaid sums due it for dockage
fees, damage caused to any docks, property or persons at the
Park by Licensee. If suit i8 brought to enforce said lien, to
perfect and/or collect on sAid security interest or to collect
any amount due under this agreement, the Licensee shall have an
addi tional liability for reasonable attorney's fees and all
other costs incurred in connection herewith.
3. Should the City have available without making any
improvements to the property electrical servic~s, Licensee'may
avail themselves of such service in, exchange for paying all
. charges relatin9 to 'electrical services as' recorded on an
adjacent meter.
4. The City, pr10r to permitting the boat to moor at the
Park, shall have the right to inspect the boat and insurance
documentation.
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CITY ATTORNEY'S OFFICE TEL No: 407 278 4755 May 30,91 5:08 P.04
5. Th~ intention of the parties is to create a license
for a non-comm.,rcial use of dock space only, with City as
Licensor and Licensee. This agreement confers no lease-hold
interest, and is revocable at any time by City upon notice
posted aboard the boat or sent to the OWner at either of the
addre'sses listed above..
6. city reserves the right to exclusive control over the
use of dock space. Use of dock space is the privilege of the
Licensee and is not assignable nor may dock space be, sublet.
Any attempt to assign or assignment of or attempt to sublease,
or sublease of the dock space under this license agreement by
Licensee is void, terminates this agreement, and 'excuses City
from further performance of this license agreement. Licensee
shall not substitute another vessel for the above described
boat without the prior written consent of the City.
7. This agreement 1s tor the use of dock space ingress
and egress to the boat by Licensee's passengers, invitees,
employees and agents, over the Park. Such space ingress and
egress is to be used at the sole risk of the Licensee. The
City shall not be liable for the care or the protection of the
boat including its gear, equipment, appurtenances or contents.
Licensee represents and warrants that Licensee maintains
adequate insurance, including protection and indemnity, on the
boat, its contents and equipment of whatever ,nature.
9. City expec~s Licensee to have made suitable arrange-
ments for safe, sheltered anchorage during tropical storms or
hurricanes, and Licensee warrants such arrangement. have or
will be made. Licensee may not assume, that City's premises
will be a safe, sheltered anchorage during tropical . torms or
hurricane or an emergency, cit.y, at its sole discretion,
reserve. the right to remove or evacuate vessels at the
Licensee's risk and expense. undertaking to move or evacuate a
boat shall not be deemed an assumption or responsibility for
the safety, security and care of Licensee's boat by City, nor
shall city be deemed'a bailee of the boat.
9. Licensee for himself, heirs, personal representa-
tives, successors, and assigns, as the case may be, releases,
defends, holdS harmless and indemnifies the City of D'elray
Beach, Florida, and its officers, agents; and employees from
any and all liabil:1ty for loss or damage to the boat, its
Licensee, and Licen~ee's agents, employees, guests, passengers,
or lnvitees of negligence, whether or not such loss or damage
is based upon the negligence or conduct ot City and from any
and all loss, damage, liability, legal action or claim of
whatsoever nature, rising out of the Licensee's use of the
facilities, of the Park including, but not limited to agents,
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CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 May 30,91 5:09 P.05
employes, passengers, and invitees use ot the Park for ingress
and egress or operation of the boat.
10. Licensee shall purchase and maintain insurance
providing coverage on an occurrence basis during the term 0 f
this agreement a8 outlined below.
A. COß.1prøhensive General Liability or Conunercial
General Liability Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive
General Liability policy -or Commercial General Liability filed
by the Insurance Services Off£ce, and must include:
1. Minimum Limits of total coverafJe shall be
($1,000,000.00] per occurrence combined single limit
for Bodily Injury Liability and Property Damac¡e
Liability, the basic policy to be in said form with
any excess coverage (and the carrier) to be accept-
able to the City.
2. Premises and/or Operations.
3. Independent Contractor.
4. Products and/or completed Operations.
Licensee shall maintain in force until at least three
(3) years after completion of all services required
under the agreement, coverage for products and
completed operations, including Broad Form Property
Damage.
5. Broad Form Property Damage ' including
Completing Operational
6. Broad Form Contractual Coverage applicable
to thi8 specific agreement, 'including any hold
harmless and/or lndemnification agreement.
7. Personal Injury coverage with employees and
contractual exclusions removed.
8. Crew Coverage.
9. Pollution Coverage.
10. collision Liability.
11- Strikes, Riots and Civil Commotion.
12. Losa payee Interest May Appear.
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CI~Y RTTORNEY'S OFFICE T~[ No: 407 278 4755 May 30,91 5:10 P.06 ~
13. Passenger Llabillty.
14. Dock Liability.
15. Additional Insured. The City is to be
specifically included as an additional (including
products) .
16. Notice ot Cancellation and/or Restriction.
The policy,must be endorsed to provide the City with
thirty (30) days' wrltten notice of cancellation
andlor r..triction.
17. The Licensee shall either require each
subcontractor to procure and maintain, during the
life of the subcontract, insurance of the type and in
the same amounts specified herein or insure the
activities of subcontractors in his own insurance
policy.
11. The Licensee agrees to comply with all laws, rules
and regulations. Failure of the Licensee to comply with any
such laws, rules or regulations Or to pay the dockage fee
prescribed within this agreement shall result in termination of
the agreement and the City may remove the vessel from its
mooring at the Licensee's risk and expense and may take posses-
sion of the space and may enter into a Licenee Agreement with
anoll"~r party.
12. No modi!ications to thiS license agreement shall be
enforceable unless in writing and executed by the City. City's
failure to require strict performance of ,this license agreement
or waiv8r ot any conditions herein shall not act as a waiver of
rights her8under nor be deemed a cont1nuing waiver.
13. Licensee warrants and represents that the boat will
be presented for dockage and maintained throughout free of
hazards that may cause danger, damage or expense to the Park or
to others. The boat ahall b. maintained in anoperable"condi-
tion at all times, must be in a seaworthy condition and under
its own pòwer, Or be removed trom the premises.
14. The Licensee represents and warrants that the
Licensee shall comply with the Federal Water Pollution Control
Acts (33 U.S.C. Section 1231 - prohibiting discharge of oil or
oily water, 33 U.S.C Section 1322, prohibiting discharge ot
untreated sewage) and all other applicable Federal, State,
County and Municipal laws and regulations.
15. This llcense agreement shall be interpreted in
accordance with the laws ot the State of Florida and the laws
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CITY ATTORNEY'S OFFICE TÈL No.. 407 278 4755 May 30.91 5:12 P.02 "
of the united States. If any portion of this license agreement
if found null and void, the remaining portions of this license
4qreement shall continue in tullforce and effect.
16. The prevailing party shall be obligated to pay and
shall pay all costs, including reasonable at~orney's fees,
incurred by the prevailing party in non-judicial proceedings or
judicial proceedings and appeals tharefrom to enforce any anå
all provisions of this l1cense agreement, Includ1n9 any sums
due City.
17. The person or persons signing below does or do
certify that he/she or they are the lawful owner or owners ot
the vessel here and above described or are authorized to
subject such vessel to the provision ot this agreement.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be signed by their duly authorized otficers on the
day and date above-referenced.
CITY OF DELkAY BEACH, FLORIDA
By:
Mllyor
ATTEST:
City Clerk
Approved ðS to torm:
City Attorney -.--
LICENSEE(S) .
T , R CRUISES, INC.
By:
Witness,
(SEAL)
Wi tn...
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this date before me, an officer
duly authorized in the State and County named ðbove to take
acknowledgments, personally appeared ,
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER trM
SUBJECT: BACKUP MATERIAL FOR WORKSHOP MEETING OF JUNE 4/ 1991
DATE: May 31, 1991
At the time the agenda was completed the backup material for Special
Meeting Agenda Item No. 1 was still being prepared by the City
Attorney. This documentation will be forwarded to you prior to your
Tuesday evening meeting.
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~. LYNN STOKES TEL No.407-265-3812 Jun. 4.91 14:46 P.02
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June 4, 1991
Dear Jay,
Since 1 was co-chair of the Recreation and
Open . Space Task Team for the Comp Plan along wi th
Bob Hayes, I am concerned about· tñlè U30-day trial
basis in Veteran·s Park for a dinner cruise boat.
However, I am writirig this as MY capacfty as a citi-
zen since I do not have time to reconvene the Task
Team. .
I am concerned that approval of this trial
period will ignore 8 parking issue and the ·new plan
for the park being drafted purusant to the camp plan
and the bond issuë.
Parking: I can only construe that the City intends
to provide the parking for the boat operation during
this trial period and 1n the future. if approved,
with parking intended for the Park. APparently, even
though parking lot zon-1ng was granted south of the
bridge, there appears to be no contract between the:
boat operator and the parking lot owner~The 40,some
spaces for the cruise boat operation (based onðnal-
lying it as a restaurant and taking in some discount
figure for a downtown location, mode 111 ng Boynton
Beach's approach) will be provided by the strip of
parking between Atlantic Plaza and the park.
I think the parking requirements for the park
itself should take priority over the cruise boat.
parki ng . for evening ( and maybe day cruises) could.
severely limit the parking available for ,citizens
using the park or participating in the· park's pro-
gramming. There should be input from the Recreation
Department concerning the parking needs of the park.
not only now but what wi 11 be needed when the new
park plan is instituted.
.
New Park Plan: If the Commission decides the SO-day
trial is successful (1 don't know what the standards
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..... L. I~I~ .;) Ul\t.~ TEL No.407-265-3812 . Jun. 4,91 14:47 P.03
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are for determining this), what is the City going to
pyovide for this boat operator in terms of the
Park? :
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Use of the dock (fee?)
Is the city g01ng to be responsible for the
dock maintenance?
Is this a decision that the dockage is
str1ctlycommercial?
Will the operator be permitted to have a
ticket booth with restrooms as originaliy
proposed?
Will the city provide parking? Fee?
what is the impact of an approval of the boat opera-
tion on the Park Plan?
Is this a blanket decision to have conces-
sionaires in the park?
Is this instruction from the Commission to
include this boat operation 1n the park
plan?
who is making the analysis on how this will
effect parking for the park?
If the cruises ðre only at night (I don't
know), is this a programming decision by
the Recreation Department not to have eve-
ning programs at the park that would com-
pete for parking?
Has there been any discussion about obstruc-
ting the 'view of the Intra-coastal from
the park (one of the, beauties of. the park
1n task team discussions)?
The commercialization of Veteran's Park is 8 serious
decision, and I f1 nd it di fficul t to understand how
the Ci ty Commission can go forward without having
first, adoPted the Plan for the park improvements
(Policy 2-2.5) and knowing how the decision will im- .
pact the park's future facilities and programming. '
Thank YOU for reviewing this.' I . always ap-
preciate your willingness to hear 8 citizen out.
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[ITY OF DELRRY BER[H
CITY ATTORNEY'S OFFICE 310 S,E, 1st STREET, SUITE 4 . DELRA Y BEACH, FLORIDA 33483
407/243-7090 . TELECOPIER 407/278-4755
MEMORANDUM
D~te= May 30, 1991
To: David Harden, City Manager ~
From: David N. T~lces, Assistant City Attorney
Subject: Southern Bell Agreement For Conduit Installation
Along 16 Inch Transmission and Subaqueous Water
Main
The attached agreement between the City and Southern Bell
provides for payment to the City of $21,532.50 for the
installation of two 4-inch PVC Southern Bell telephone
conduits along the water main presently being installed.
Southern Bell, as part. of the agreement, has agreed to
indemnify the City from claims and damages resulting from
its maintenance work on the conduits once they are
insta-l-led.
I understand a special meeting is scheduled for June 4,
1991. This item should be placed on that agenda, as
const,ruct.ion has already commenced.
DNT:sh
Att.achment
cc: Alison.MacGregor, City Clerk
Mark Gabriel, Assistant Director/Environmental Services
9/d.
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AGREEMENT
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.!- ì THIS AGREEMENT is entered into this day of May, 1991,
,.
by and between the CITY OF DELRAY BEACH, a Florida Municipal
corporation, (hereinafter referred to as "CITY" and SOUTHERN BELL
, TELEPHONE AND TELEGRAPH COMPANY, a Georgia Corporation
,
,i (hereinafter referred to as tlSOUTHERN BELL"):
WHEREAS, the CITY has contracted for the construction of a
16-1nch transmission and subaqueous water main, and
WHEREAS, that Contract includes provisions for construction
of two 4-inch PVC SOUTHERN BELL telephone conduits (including
strapping to water main), and
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,OJ WHEREAS, it is the intention of the parties that SOUTHERN
H BELL shall own and maintain these conduits upon th~ completion of
construction, and
WHEREAS, SOUTHERN BELL has agreed to pay the CITY for the
installation of these conduits.
NOW, THEREFORE, based upon the mutual promises contained
herein, and other good and valuable consideration, the parties do
hèreby agree as follows:
l. SOUTHERN BEI¿L shall supply to the CITY, ~ho shall
supply t_Q. the contractor selected by CITY, all PVC pipe, pipe
joining ~rial, and pipe'flttings necess~ry to the ~ri5tallation
;-,:< :;~ --!# -\: of the subject conduits.
2. SOUTHERN BELL has received and thoroughly examined all
specifications, drawings and documentation pertaining to the
installation of the conduits and related portions of the 16-inch
water main and agrees that the aforesaid, including installation
and testing procedures, are acceptable to SOUTHERN BELL.
3. The CITY, by and through its contractor, shall
undertake with the supplied materials the construction of the
conduits, which. construction shall be completed as set forth in
the relevant portions ot THE PROJECT MANUAL for the construction
of the 16-1nch transmission and subaqueous water main.
4. Upon completion, SOUTHERN BELL shall have the right to
'inspect the construction and make a recommendation to the CITY as
, to whether it does conform to all specifications set forth in
I the Manual.
5. SOUTHERN BELL agrees that it shall indemnify and hold
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I harmless the CITY its agents, officers and employees, from and
against all claims, losses, damages and expenses, including but
-- not limited~toattorney'B feets,arising out of or resulting from
the maintenance work performad by SOUTHERN BELL on the conduits
after the completion of the construction.
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ñ1 6. The CITY shall have the right to .inspect the
, construction and to make the final determination to whether
, as
the work conforms to all specifications set forth in the Manual.
The CITY shall have the right to make the final determination as
to the acceptability of the work, and the CITY warrants to
SOUTHERN BELL that the work. will conform to the specifications
set forth in the Manua 1 . The CITY'S decision regarding the
, acceptability of the work shall be final and binding on all
, parties involved with the construction project.
7. SOUTHERN BELL shall pay to the CITY the sum of
$ 21,532.50, by June lS, 1991, as full payment for the conduits.
8. SOUTHERN BELL and the CITY agree that in the event ,-
unforeseen conditions are present which required either an
increase or decrease in the value of the work, relevant to the
installation of the conduit the aforesaid sum will be decreased
or increased. In the event of a decrease in the aforesaid sUm,
the CITY shall pay to SOUTHERN BELL monies in the exact amount of
the decrease. In the event of an increase in cost due to
unforeseen conditions, no further conduit installati~n will occur
nor will funds be expended without the consent of SOUTHERN BELL.
Once consent is granted, SOUTHERN BELL shall forward their share
of the increased cost associated wI-th the installation of the
conduit to the CITY within 5 days of the approval of the change
order by the CITY.
IN ~NESS THEREOF, the parties have accepted" made and
executed this Agreement upon'the terms and conditions set forth
herein, on the date fIrst written above.
CITY OF DELRAY BEACH SOUTHERN BELL TELEPHONE AND
TELEGRAPH COMPANY
By: BY:
! . Mayor
,
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ATTEST: ATTEST:
City Clerk
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
City Attorney
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[ITY OF DELRAY BEA[H
¡ 'JO\¡ :/ . ,I-~ ',,' =: '; E: 0ELP,,\Y SE \-! ",-ORIC)'" 33444 407 243 7 ~oa
MEMORANDUM
TO: David T. Harden, City Manager
FROM / ~Robert A. Barcinski, Assistant City Manager/
Administrative Services
,.
SUBJECT: Aqenda Item # City Commission Special Meetinq,
June 4, 1991 - Lease Purchase Agreement IBM Credit
Corporation AS 400
DATE: May 31, 1991
ACTION
City Commission is requested to approve the lease purchase agreement
with IBM Credit Corporation in the amount of $423,315.00 for the
AS/400 Model B70 System and approve the down payment ($433,315 Water
and Sewer Fund Account #441-5161-536-60.~7; $10,000 General Fund MIS
Capital Account #001-1811-513-60.86).
INFORMATION
The cost of the approved As/400 Model D70 (receiving D70 at B70 price)
is $866,630. A detailed cost analysis is attached. The lease
purchase agreement with IBM is for $423,315 at 6.84% and lists only
the equipment being financed. Other equipment and software is
purchased direct with the down payment. In addition to the $10,000
noted above to be paid from the current fiscal year MIS budget as part
of the down payment, the payments for FY '90-91 (3 mos.) will also be
paid from this account.
RECOMMENDATION
Staff recommends City Commission approval of the lease purchase
agreement and the d9wn payment for the IBM Computer System AS/400
Model D70..
RAB : kwg
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T'-iE E¡::¡::ORT ALWAYS MATTERS
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International Business Machines Corporation 1555 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
407-684-6000
May 31, 1991
Mr. Bob Barcinski
Asst. city Manager
city of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444
Dear Mr. Barcinski:
I am providing the attached information, based upon our
conversation of late yesterday afternoon. I hope you find the
information to be both helpful and complete. If you should have
any questions, please feel free to call me at 684-6053.
Sincerely,
-J
/
.{~f~;~~ ;~??:Z~
Account Marketing Representative
IBM United states
.cc Richard Zuccaro, MIS Director
Attachment
- - -
The acquisition of an IBM AS/400 Model D70, tentatively
approved by commission on Tuesday, May 7, 1991. .
The cost of the approved system, as listed
below. . . $866,630.00
The above listed price includes the following...
Hardware:
9406-D70 AS/400 Model D70 $326,141
9309-002 Rack for AS/400 DASD 2,313
9331-001 8" Diskette Drive 3,087
9336-010 1. 88 GB DASD (7) 231,770
9336-020 1. 71 GB DASD (1) 30,030
7855-001 9600 BPS Modem 945
3490";D41 Magnetic Tape Drive 60,944
6262-T14 1400 LPM Printer 25,962
Hardware Total $681,192
software:
5738-SS1 AS/400 Operating System $ 69,864
5738-RG1 RPG/400 Compiler 8,391
5738-PW1 Application Development Tools 8,391
5738-DCT AS/400 Dictionaries 450
5738-QU1 AS/400 Query 8,586
5738-WP1 AS/400 Officevision 26,222
5738-PC1 AS/400 PC Support 17,229
5730-095 AS/400 APD 2,494
5714-MG1 S/38 Migration Aid 2,400
5738-DB1 S/38 utilities 3,672
5738-ST1 SQL/400 10,458
Software Total $158,157
Services:
IBM Business Recovery Services for 1 year period $ 8,676
IBM AS/400 Quickstart 2,065
IBM Officevision/400 Education for 10 Students 12,050
AS/400 CD ,ROM Reader for on-line manuals 1,533
AS/400 SE Implementation Services 2,957
Services Total $ 27,281
.
. .. .
Purchase Price - Total $866,630.00
Downpayment Water/Sewer Fund (433,315.00)
Downpayment MIS Fund ( 10,000.00)
Amount to be Financed... $423,315.00
ICC Installment Payment Agreement Information
Current Rate 6.84% APR
Monthly Payment on $423,316.00 for 60 Months... $8,302.90/mo.
Fiscal Year 90/91 Responsibility (3 payments) $ 24,908.70
Fiscal Year 91/92 Responsibility (12 payments) $ 99,£34.80
Fiscal Year 92/93 Responsibility (12 payments) $ 99,634.80
Fiscal Year 93/94 Responsibility (12 payments) $ 99,634.80
Fiscal Year 94/95 Responsibility (12 payments) $ 99,634.80
Fiscal Year 95/96 Responsibility (9 payments) $ 74,726.10
Total Fiscal responsibility 1990-1996 (60 pymts) $498,174.00
Total Downpayment $443,315.00
Total Cost to the City of Delray Beach $941,489.00
, .. -
International Business Machines Corporation Armonk, New York 10504
Installment Payment Agreement
(State and Local Government)
Name and Address of Customer: Reference Agreement No.: HQ 12 2 91
City of De1ray Beach
100 NW First Ave. Reference Supplement Dated: OS/28/91
Delray Beach, FL 33444
Agreement No.: HR69128
IBM Branch OffICe Address: IBM Branch Office No.: HR6
1555 Palm Beach Lakes Blvd.
West Palm Beach, FL 33401 Customer No.: 2807100
International Business Machines Corporation (IBM) and the Customer agree that this Installment Payment Agreement
supplements and amends the referenced Agreement for Purchase of IBM Machines and its referenced Supplement with
respect to the following IBM machines. features. model upgrades. machine elements and/or accessories (hereinafter
called "Machines" unless the context requires individual reference). -
IBM Plant
Order or Purchase
Machine Serial Model or Price $
Oty. Type Number n Feature Description (Net Unit Price) Amount $
1 9406 2TFZKP D70 'LIC' System Unit 326,141. 00 326,141.00
1 3490 2TFZKV D41 Magnetic Tape Subsystem 60,786.00 60,786.00
1 6262 2TFZLG T14 Line Printer 25,962.00 25,962.00
1 9336 2VSHMB 020 DASD 30,030.00 30.030.00
(.) An K." indicates Machine Serial Number. TOTAL: $ 442,919.00
Statement of Transaction-
1. Cash Price (if this were a cash sale) ................................................... $ 442.919.00
2. Trade-In Allowance Credit (from IBM trade-in agreement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ -0-
3. Cash Down Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 19.604.00
4. Total Down Payment (Sum of Items 2 and 3) .. . .. .. .. .. .. .. .. .. .. .. . .. . .. .. .. .. .. .. . ... $- 19.604.00
5. Unpaid Balance of Cash Price (Item 1 minus Item 4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 423,315.00
6. State and Local Taxes. if applicable. : .. . .. .. .. .. .. .. .. . .. .. .. .. .. . .. .. .. .. .. .. .. .. .... $ -0-
7. Amount to be Financed (Sum of Items 5 and 6) .............;.......................... $ 423,315.00
8. FINANCE CHARGE (Time Price Differential on Item 7). Finance Charge consists
of interest at an ANNUAL PERCENTAGE RATE of 06.84 %........................ $ 74,859.00
9. Tax on Finance Charge, if applicable, (payable in first installment) ... . .. ..... .".. ........ $ -0-
10. Total Amount of Remaining Payments (Sum of Items 7, 8 and 9)......................... $ 498.174.00
11. Total Time Sale Price (Sum of Items 4 and 10) .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 517,778.00
Z120-2791-03 (Rev. 07/84) 1 Page 1 of 4
U/M 025
-
Payments The Customer may, at any time, pay in advance the full
The Customer agrees to pay the Cash Down Payment. amount due hereunder and the Finance Charge will be
if any. (a) upon the Date of Installation of the Machines or adjusted by IBM to reflect the shorter payment period.
(b) with respect to installed Machines, on the EffeCtive All remittances are to be made to the IBM Branch Office
Date of Purchase. and agrees to pay the Total Amount of address listed herein unless otherwise requested by IBM.
Remaining Payments in consecutive Periodic Payments,
including Finance Charge. for the Fiscal Periods as setforth Aaalgnments
below in either Payment Plan I or Payment Plan II. This' Installment Payment Aßreement is not assignable by
PAYMENT PLAN " the Customer, nor may the ustomer sell. transfer, sub-
stantially modify, relocate or dispose of any or all of the
Periodic Payment Finance Charge Machines without prior written permission of IBM. In no
Fiscal (Annual) (Included in event may the Machines be relocated outside the United
Period (Biennial) Payment) States. Any attempted assignment or transfer by the
Customer of any of the rights, duties or obligations of this
1 Installment Payment Agreement is void.
2 Cu.to",.r. COWl""nts
3 The Customer covenants and agrees that (a) it will not
create, assume, or voluntarily suffer to exist, without giving
IBM at least 15 calendar days' prior written notice, any
4 mortgage, pledge, encumbrance, security interest, lien or
charge of any kind upon any or all of the Machines; (b) it will
5 keep the Machines in good repair and operating condition;
(c) it will promptly pay all taxes, interest and other charges
6 when levied or assessed upon the Machines or their
operation or use, or upon IBM, exclusive of taxes based on
IBM's net income, in connection with this Installment
PAYMENT PLAN II Payment Agreement; (d) it will promptly satisfy all liens
Total Finance against the Machines; and (e) there are no mortgages.
pledges, encumbrances, security interests, liens or charges
Periodic Payment Charge for of any kind by any party other than IBM or assigns upon the
(Total of Monthly Fiscal Period
Fiscal Payments for Monthly (Included In machines on which features. model upgrades, machine
Period Fiscal Period) Payment Payments) elements or accessories will be installed subject to this
07/01/91 - 09/01/91 Installment Payment Agreement.
1 24,908.70 8,302.90 4,697.30 /nautance
10/01/91 - 09/01/92
2 99,634.80 8,302.90 25,269.67 The Customer further agrees to procure and maintain fire
10/01/92 - 09/01/93 insurance with extended coverage against loss, theft,
3 99,634.80 8,302.90 20,020.55 damage to or destruction of the Machines for the full
insurable value thereof for the duration of this Installment
10/01/93 - 09/01/94 Payment Agreement. the policy for such insurance being
4 99,634.80 8,302.90 14,400.93 endorsed to show loss payable to IBM and assigns as
10/01/94 - 09/01/95 respective interests may appear. Upon request, a certificate
5 99,634.80 8,302.90 8,384.64 of such insurance will be furnished to IBM or assigns. Any
10/01/95 - 06/01/96 proceeds received directly by IBM under such insurance
6 74,726.10 8,302.90 2,085.91 shall be credited to the payment required from the Custer
mer pursuant to the Section entitled "Casualty Occur-
rences."
The Periodic Payment for Period 1, which includes the
Tax on Finance Charge. If applicable. is due on the first C..ua/ty Occurrencea
business day of the month following the Date of Installation
or the Effective Date of Purchase, and the Periodic Pay- A Casualty Occurrence shall be deemed to exist if any of
ments for Periods'2 through 60 are due on the first the Machines shall be lost. stolen, irreparably damaged or
business day of each succeeding Fiscal Period. If Payment destroyed or otherwise rendered permanently unfit for use
Plan I has been chosen. payments must be made in full on from any cause whatsoever prior to the payment in full of
the due dates. If Payment Plan II has been chosen, the Total Time Sale Price. To the extent permitted by law,
payments must be made in .equal consecutive monthly the Customer shall promptly pay to IBM a sum equal to the
installments, except that the first installment will include the aggregate Casualty Value of such Machines.
Tax on Finance Charge, if applicable. beginning on the due The Casualty Value of each Machine suffering a Casualty
dates and continuing on the corresponding day of each Occurrence shall be the sum of the unpaid balances of the
month of each Fiscal Period until fully paid. Payments State and Local Taxes. Unpaid Balance of Cash Price and
include Finance Charge in the appropriate amount in- Finance Charge at the time of such Casualty Occurrence
dicated above. and attributable to such Machine. The Finance Charge shall
, The Customer having been offered the choice of pur- be adjusted by IBM to reflect the shorter payment period,
chasing at the foregoing Cash Price (plus applicable State Any money so paid shall be applied by IBM to reduce
and Local Taxes) or at the Total Time Sale Price has elected installments thereafter falling due so that such installments
to purchase at such Total Time Sale Price. represent only the payments due for the remaining Ma-
Z120-2791..()3 (Rev. 07/84) 1 Page 2 of 4
U/M 025
--
chines. Any excess insurance payments received by IBM . reasonable attorney's fees and legal expenses. IBM will pay
shall be credited to the Customer. to the Customer any portion of the net proceeds in excess
of the unpaid Total Time Sale Price. .
Events of Default In the event IBM repossesses and removes a feature,
Anyone or more ofthe following are Events of Default: (a) model upgrade, machine element or accessory, it shall be
the Customer fails to pay when due any amount required to the Customer's responsibility to restore any remaining
be paid by the Customer hereunder and such failure shall information processing equipment to good working order.
continue for a. period of seven days after the due date, The Customer aQrees that IBM shall have no liability for
except as provided in the Section entitled "Funding"; (b) the damages caused by the repossession of such a feature,
Customer fails to procure and maintain insurance as model upgrade, machine element or accessory or by the
required in this Installment Payment Agreement; (c) the Customer's failure to fulfill such responsibilities. Further,
Customer fails to perform any other provisions hereunder IBM shall have no obligation to reimburse the Customer,
or violates any of the covenants or agreements made by the user or any other secured party for the cost of repair
Customer hereunder, and such failure or breach shall resulting from such removal.
continue for a period of 15 days after written notice is IBM may pursue any other remedy available at law or in
received by the Customer from IBM; or (d) any insolvency equity, including, but not limited to, seeking damages,
proceedings of any character, voluntary or involuntary, specific performance and an injunction. No right or remedy
shall be instituted by or against the Customer, is exclusive of any other provided herein or permitted by
Any failure of IBM to require strict performance by the law or equity. All such rights and remedies shall be
Customer or any waiver by IBM of any provision of this cumulative and may be enforced concurrently or individ-
Installment Payment Agreement shall not be construed as a ually from time to time,
consent or waiver of any other breach of the same or of any
other provision. Funding
Remedies Since the Customer intends to request the appropriation
of funds periodically to be paid for the Machines, if funds
If an Event of Default shall have occurred and be are not appropriated for the Customer for such Periodic
continuing, IBM or assigns may. to the extent permitted by Payment for any future Fiscal Period, the Customer will not
law, (a) recover from the Customer any and all amounts be obligated to pay the remainder of the Total Time Sale
then due and to be become due: (b) take possession of any Price due beyond the end of the then current Fiscal Period.
or all of the Machines, wherever located, without demand or Such event will not constitute an Event of Default. The
notice and without any court order or other process of taw, Customér agrees to notify IBM in writing of such nonappro-
or renC er them unusable, and retain all prior payments as priation at the earliest possible time.
partial compensatjon for their use and depreciation; . (c) In the event that funds are not appropriated as provided
require the Customer to assemble the Machines'and make above and the Customer is unable to make further pay-
them available to IBM, freight prepaid, at any place in the ments due under this Installment Payment Agreement
continental United States specified by IBM; and/or (d) incur beyond the end of the then current Fiscal Period, IBM will,
reasonable attorney's fees and legal expenses in exercising within a reasonable time after the end of such Period, enter
any of its rights and remedies upon default which the and take the Machines from the Customer's premises and
Customer hereby agrees to pay, Upon repossession of will retain all sums previously paid by the Customer to IBM
such Machines, IBM may sell, lease or otherwise dispose of as partial compensation for machine use and depreciation;
any or all of the Machines in a commercially reasonable provided, however that upon the Customer's request, the
manner, with or without notice and by public or private Customer may, prior to such repossession, retain the
proceedings, and apply the net proceeds thereof towards Machines during a reasonable period agreed to by IBM at a
the amounts due under this Installment Payment Agree- monthly charge designated by IBM, beginning on the first
ment after deducting the reasonable expenses of retaking, day following the last Fiscal Period for which payment has
holding and preparing for such disposition and deducting been made hereunder.
Page 3 of 4
.
Security Interest and LocaUon of Machines unenforceable, the parties agree that the Machines shall be
deemed to have been installed under IBM's State and Local
To secure the payment of the Total Time Sale Price, IBM Government Lease Plan pursuant to the terms and condi-
reserves a purchase money security interest in each of the tions of IBM's applicable agreement and/or amendment at
Machines, and the Customer hereby grants a security IBM's applicable Lease Plan Monthly Charges, commenc-
interest in any substitutions, replacements, accessions, and ing with the Date of Installation or the Effective Date of
additions thereto and the proceeds thereof. Such interest Purchase of the Machines. For the period prior to such
shall be satisfied by payment in full of the Total Time Sale holding, IBM shall credit to the applicable Lease Plan
Price. A copy of this Installment Payment Agreement may Monthly Charges the amounts paid by the Customer to IBM
be filed with appropriate state and local authorities, at any under this Installment Payment Agreement and amounts
time after signature by the Customer, as a financing paid by the Customer for maintenance, property taxes and
statement in order to pertect IBM's security interest. Such insurance. Any excess credits will be refunded to the
filing does not constitute acceptance of this Installment Customer, and any deficiency shall be dueto IBM; but in no
Payment Agreement by IBM. The Customer also shall event shall any amount be due to IBM in excess of funds
execute from time to time, alone or with IBM, any financing appropriated. In the event that the affected Machines are
statements or other documents and do such other act or not available from IBM under a lease or rental agreement, at
acts considered by IBM to be necessary or desirable to the time of such holding, the Customer and IBM will agree
pertect or protect the security interests hereby created. T~e upon a fair and equitable Lease Plan Monthly Charge for
Machines shall remain personal property, not become the period prior to and following such holding and, other-
fixtures to real property, and be kept at: wise, the provisions of this Section shall apply.
If any provision or provisions of this Installment Payment
100 NW First Avenue Agr~ment shall be held to be invalid, illegal or unenforce-
(Street address) able, and the preceding paragraph does not apply, the
De1ray Beach Palm Beach Florida validity, legality and enforceability of the remaining provi-
sions shall not in any way be affected or impaired thereby.
(City) (County) (State) THE CUSTOMER ACKNOWLEDGES THAT THE CUSTO-
where IBM may inspect them at any reasonable time. MER HAS READ THIS AGREEMENT, UNDERSTANDS
Genef8/ IT, AGREES TO BE BOUND BY ITS TERMS AND CON-
DITIONS, AND BY THE CUSTOMER'S SIGNATURE
If the Net Unit Price for any Machine is adjusted as BELOW, ACKNOWLEDGES THAT THE CUSTOMER IS
provided in the referenced Agreement, or the trade-in LEGALL Y AUTHORIZED TO ENTER INTO THIS AGREE-
allowance for any trade-in equipment is adjusted as pro- MENT. FURTHER, THE CUSTOMER AGREES THAT
vided in an applicable IBM trade-in agreement, Items NO.1 THIS INSTALLMENT PAYMENT AGREEMENT, THE
through 11 in the Statement of Transaction and the REFERENCED AGREEMENT AND SUPPLEMENT AND
Payments herein agreed to be paid shall be adjusted, and ANY APPLICABLE IBM TRADE-IN AGREEMENT CON-
this Installment Payment Agreement shall be deemed to be STITUTE A SINGLE AGREEMENT AND THE COM-
amended accordingly. PLETE AND EXCLUSIVE STATEMENT OF THE AGREE-
The terms and conditions of this Installment Payment MENT BETWEEN THE CUSTOMER AND IBM, WHICH
Agreement shall prevail notwithstanding any variance with SUPERSEDES ALL PROPOSALS OR PRIOR AGREE-
the terms and conditions of the referenced Agreement. MENTS, ORAL OR WRITTEN, AND ALL OTHER COM-
Should this Installment Payment Agreement and/or the MUNICATIONS BETWEEN THE PARTIES RELATING
referenced Agreement be held by the courts to be invalid or TO THE SUBJECT MATTER HEREOF.
Received by IBM at __..___..m______..___..____._..___u..~.u__..._______.____m_.__
Braoch Offlce NamelNumber
By ... _ _.._ __,......... ,....... n _ _....... _u._ no..._. u.. _...u. _.._... _. ___.,......,...... _..,. _, _.
Manager's Sigl18ture
...-.~. -.....--....... ------.- ---- -.-----.- ... --......... .......- ................. .....................-.-..
Name (Type or Print) Date
Accepted by: ....__......._~~.;y....~.(__º.~~J.~y...;I}_~~.çJ~_.......,....._,....,'__...,,"....._.__..
International Business Machines Corporation Customer
By... _ _... _ _. h..". _ _... h, _._. _.......... _... _. _...,' _ _.....,. _......... _ _ _.. _ ___.... __.........._ By . _......_.. "W". m ,.... h' m..." m.. _..., m m'..'. ,......."" _... h"""""..,'.."..,
Authorized Signature Authorized Sigoature
--...--.----..------....---...---...-.---.-.----........-----..-.-...-.-..-----.........--......--.--....-----..----..---... .-.---.-.-..--.....----..-----...-..-..........-----....-.-.----.......-.--.-.---.---.-.-....-...---..-.--..-.
Name (Type or Print) Date Name (Type or Print) Date
.
PLEASE PRESS FIRMLY WITH BALL POINT PEN ON A HARD SURFACE FOR MAXIMUM LEGIBILITY.
Z120-27I1-«1 (...... 07/M) 1 Page 4 of 4
UIM 025
~
CH30331 IS3 ]0:)032 GS/30/C¡1 '=RCW='1R6 E'IPL=?42044
r~~STAlLjv.t~JT ~ðV~~~T PRCPCS~L S TATE A:JO LOCðL Gr]V~Q"¡I,L:NT C)',T::'ACT . USER IS SECð"'~E'~
SRANCH OFFICE ~R6 W PALM JEACH CUSTO"ER :: 2801100 CITY OF OEL~AY 8EACH
TYPE OF PAYMENT SCHEDULE MONTHLY
~U~BER OF P~YMENTS FINANCED 60
EFFECTIVE DATE OF IPA 06/30/91 NEXT FISC~L PERIOD BEGINS \ 10/01/91
IPA RECEIPT DATE 06/21/91
PAY~ENT E~D DATES:
r- III ST 07/31/Q1
LAST 07/31/Q6
I~TEREST RATE 06.84 ARE TAXES FINANCED? NO
CASH PRICE 442.919.00
TRADE IN ALLOWANCE .00 f
CASH DOWN PAYMENT 19.604.00 1.
TOTAL DOWN PAY~ENT 19.604.00 f-"
PRINCIPLE 423.315.00
___lA)(~~_(J FF I !'I At'!Ç.E 0 1_ __ .____ .00 SAlES USE TAX AMOUNT ; .00
AMOUNT FINANCED U-¡;Ü-;31T.Öö--- ---------.- .- ------ - ----Ç:" --- :-.-- --- ---- -.--
TOTAL FINANCE CHARGES 74.859.00
TOTAL TIME SALE PRICE 517.778.00 ,
TOTAL CINCLUDI~G ALL OTHER AMOUNTS FINANCED' 423.315.00
~. "- .' . "".. ~ .
PAYHT. NO. .t";''Þ¡' .~.' - - ~:-. - ::;.
DUE PAY PERIODIC FINANCE PRINCIPAL OUTSTANDING ':.; :~'·;··1,·:' Ä:: . , 'TOTAL OF
DATE DUE PAYMENT CHARGE RETIRED' BALANCE '"PAYMENTS
"h"~Q!,QJ~1 9,1.. "".. 8,."Q~. 90 .', ,w,'OO, ~ 8'J02.9,0· . OIS.012.,1O . ' . ": :' ..:...
'. ... '. ... '080'9' "o'í""" .' D '30t,,,,,,,,, .. 2 "... 57 -"ffi3''''''-·_.onnr---.. "",,,,,,.,. .-W.., ,:.
09019,1 01 8.302.90 2.,331.73 5.971.17 ·403.103.60 - ,;, ',' ,,'
'.: .J. "'.,' -
. . . -
, 'J TOTAL 03,' 4.697.30 20.211.,.0 "403.103.60" ',i ~ -~ ,24.908.70
.'
..
,~>':¡li,'·~:Jtfttt~~::. ". c'"
09~'~~;~f~~";\{o;,~:·~),:f~,l.Yi
Tb-r ÂL;~~:ii~"~~~~,~''';~''~'~:.J . "
,
....\...:..;;..-
,,:~.,. ·--~f.i"~'~
~~-.,-
. " "~,.,,, ,,;..'1 ';..
· , . " ' . ::~~> '~t'~:':' , "
','.TnJ~~,¡f~l~., ',õ;j. "'1,: ".,.14.~~0.93 , 85.23.3.81 H' 163.890.35 ' '. ,;~. ,·99;'63~.'80'
, _". ., .. _!f. _ _~~_,'--~.~ _~ .'_~' _~'~~~'i'i~~ ~'~~~~~:~,,,_, '''!-~~'~''':''._';l;''~~R'' ,~~~.,~,~1<!~ ~1~i!1t-~~'l_~
10019401 8.302.90 934.17 7.368.73 156.521.62 "-:',~, .' -c' ,
110194 01 8.302.90 892.17 '7.410.13 149.110.89 -, .' .j,.,.,. '"
120194 01 8.302.90 849.~3 1.452.91" 141.651.92' ./:, ;"J;., :.. j;.
010195 01 8.302.90 807.45 ,1.495.45" 134.162.47 ,i~,,(
020195 01 8.30'2.90 164.73 7.538.17 126.624.30 . oS. -.- ~.
- '. \.. . ,~
030195 01 8.302.90 121.76 1.581';14"'" 119.043.16 . .~#,,~~,'~:,o;~.t¥:.~ .
04CH95 01 8.302.90 678.55 79624.35 - 111.418.81
050195 '01 8.302.90 635.09 1.661.81 . 103,751.00
060195 01 8.30¡.90 591.38 1.111.52 96.039.48 , .
070195 01 ,8.302.90 .~.;.t; 547.-143,' 19155.47~:-t~,.;~' 88.284.01
030195 01 89302.90 . 503.22 79 799.6Ii?:~4c..·,:'-- 80.484. n
090195 01 8.302.90 458.76 7.844.14---"":': 72.640.19 .~
f f· ,
TOTAL 12 8.384.64 91.250.16 72.640.19 99,634.80 '
"
100195 01 8.302.90 414.05 7.888.85 64.151.34
1 1 01 95 01 8.302.90 36~.08 1.933.82 56.811.52
12n95 01 8.302.90 323.86 7,979.04 4:h838.48
')10196 01 '. 8.31)2.90 278.38 8.024.52 40.813.Q6
1201Q6 01 8.3Q2.90 232.64 6.010.26 32.743.70 !,
03:)196 01 8.302.90 186.64 8.116.26 24~621.44
040196 01 8.302.90 140.38 8.162.52 16.464.92 ~i~iF~;'
1<;0196 01 !h302.QO 93.85 8.209.05 8.255.97 ~~~~
JÓn96 01 9.302.QO 41.03 8.255.81 .00 ; '~::'~~ ~~
T :)'" ~ l O'~ 2.08".91 72.640.11 .00 74.726.10
~'JTl\l 60 4 -1:> . 1 74. C1 ,) 7~. 35 'J. JO 423dl5."1 . J C)
.
IBM Credit Corporation Stamford. Connecticut 069(
.Addendum to Agreement
(state and Local Government)
Tax-Exempt status/IRS Reporting Requirements
Customer Name and Address: Date Prepared: May 30. 1991
. City of Delray Beach
100 NW First Avenue Referenced Agreement No.: HR69128
Delray Beach. FL,33444
Addendum No.: 9128-01
IBM Branch Office Address: Customer No.: 2807100
1555 Palm Beach Lakes Blvd.
West Palm Beach. FL 33401
IBM Credit Corporation and Lessee/Customer agree that the Financing Agreement, Installment Payment Agreement,
or Term Lease Master Agreement referenced above between the parties is hereby modified by adding the following
provision:
THE RATES IN THIS AGREEMENT ARE BASED ON THE LESSEE'S/CUSTOMER'S UNDERLYING DEBT OBLIGATION
QUALIFYING TO PAY INTEREST WHICH IS EXEMPT FROM FEDERAL INCOME TAX UNDER SECTION 103{a) OF THE
INTERNAL REVENUE CODE (Code). Accordingly, Lessee/Customer represents that it qualifies as a State or political
subdivision of a State for purposes of Section 103(a). Lessee/Customer agrees that any misrepresentation of its
status under Section 103{a)is an event of default under this agreement.
Further, Lessee/Customer agrees to comply promptly with all information reporting requirements of Code Section
149(e) and Treasury Regulations thereunder. Lessee/Customer specifically agrees to file Internat Revenue Service
Form 8038-G or 8038-GC, whichewr appropriate, for this transaction. If the Lessee/Customer either 1 ) does not file
the above IRS forms on a timely basis, or 2) is unable upon request to demonstrate to the satisfaction of IBM Credit
Corporation that the IRS has determined Lessee/Customer is qualified under Section 103(a) of the Code, then
Lessee/Customer shall pay, on demand by IBM Credit Corporation, a sum to be determined by IBM Credit Corper
ration that will return to IBM Credit Corporation the economic results it would otherwise have received.
..,'.
Accepted by:
IBM Credit Corporation City of Delray Beach
LesseelCustomer
By By
Authorized Signature Authorized Signature
Name ITvoe or Prlnll Date Name (Type or Print) Date
. .
CITY OF DELRAY BEACH
Departmental Budget Transfer
(1) Departmental Line Transfer (2) Date MAY 31, 1991
(3) Interfund/Interdepartmental Transfer (4) Batch Number
(5) REQUESTED BY: Robert A. Barcinski, Assistant City ManaRer/Administrative Services
--------------.-.--- -------.---.-.------------ ---.--------------- ----_.--------.-~.
(6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN
-------.------------- --.----.------------------ ------------------ -----------------
441-0000-271-00.00 Unrestricted Fund Balance $433,315.00
441-5161-536-60.57 Water ~ Sewer $433,315.00
(10) TOTAL $433,315.00 $433,315.00
------------------ -----------------
JUSTIFICATION: Transfer· for urchase of IBM AS 400 Model B70
-
DEPT. HEAD~ ASSIST. CITY MGR.
BUDGET DIRECTOR CITY MANAGER
._---_._------------------------------------~------------~---------_.---------------_.--
(11) BUDGET REVISION DATE (12) CONTROL NUMBER
(13) PERIOD (14) COUNT
WHITE ~ ORIGINAL - BUDGET . CANARY· COpy - FILE . PINK - COpy - DEPARTMENT
'- .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtM
SUBJECT: METHOD OF PRESENTING OPPOSITION TO LANGUAGE CONTAINED IN THE
PALM BEACH COUNTYWIDE PLANNING COUNCIL'S REFERENDUM BALLOT
DATE: May 31, 1991
We received a request for support from the Palm Beach County Municipal
League regarding the ballot language and charter revisions proposed by
the Palm Beach Countywide Planning Council. Attached as backup
material for this item is a sample of the language contained in the
ballot, a copy of a letter of opposition from Lantana, and previous
correspondence regarding the Palm Beach Countywide Planning Council's
proposed charter changes. The City Commission may wish to send a
letter of opposition similar to that of Lantana's or consider an other
proposed language or method that the City Attorney recommends.
w'S / (.,
(-~ --rl- ¡Î -
~L-¡¿ ~ '-~
IS/;<3111 mo
Palin Beach County MUNICIPAL LEAGUE
P,O, BOX 1989. GOVERNMENT CENTER, WEST PALM BEACH, FLORIDA 33402 (407) 355-4484
i{.t:" , _.
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~ P' ,,' ~
MEMORANDUM A./AY 2 -l.: j~
C/ly 8 199/
iVlANJ:C -
" tR's
TO: All Municipalities I OFF/Ci
FR: Jack L. Horniman, Executive Directo~{f
RE: Proposed Palm Beach County Ballot Language and Charter
Revisions Regarding the count~Ñide Plan~ing Coun~il
DT: May 22, 1991
----------------------------------------
----------------------------------------
Please find attached the proposed ballot language relating to the
proposed revisions to Article VII regarding the Countywide Planning
Council as prepared by Palm Beach County. In an earlier
transmittal to the cities from this office (May 6, 1991) was the
the existing Charter: the proposed changes to the Charter as
proposed by the County: the Municipal League responses to the
County's proposed changes to the Charter: and the League's proposed
Charter language revisions as proposed by the League staff.
The League staff would recommend against the proposed ballot
language and County Charter revisions language. Also attached is
a letter as prepared for the Town of Lantana that could be used as
an example letter by all municipalities that oppose the County's
proposed Charter revisions language. This is provided to you for
potential use, and we would urge that all cities oppose the
County's proposal to amend Article VII of the Charter. It is
understood that the County's proposed ballot language and
accompanying Charter revisions will be discussed at the Board of
County Commissioners meeting of June 4 or June 11, 1991. It is
strongly urged that representatives from all municipalities be in
attendance at this meeting to make known their objections. The
League will inform each city of the Board of, County Commissioners
meeting date when we get this information.
.
.
". ,21'-1 'V;.., 'RO~ ~.8.C1v.~L~NNtNG COUNCiL TO 3~~HH -.t:.
t Dr"~-f ~"d
I ~r ~.,)(~
I
f
. -
Shall the Palm Beach County Charter be amended to affirm the
authority exercised by the Palm Beach Countywide Planning Council
19 adopt polJcles and performance standards whIch preven t
Countywide eovtronmental, '"'1r..tr~.tbLlê, tlnd other land use
ioco mpatibifitiGS; cJarifying procedures for adoption and
in,plementatJon of a Countywid$ Future land U$$ erement arid
~ertìficat¡on of local government plans; providing definitions; an
ef!.:1çtlve date; and a repeal provrsJon.
.
I
;
¡
I
:
!
.
¡
,
·
DRAFT·
p
May 22, 1991
Karen T. Marcus, Chair
Palm Beach County Board of County Commissioners
P. o. Box 1989
West Palm Beach, Florida 33402-1989
Re: Proposed Ballot Language
Proposed Charter Revisions
Countywide Planning Council
Dear Chairman Marcus:
Please consider this letter as the official position of the
Town of Lantana wi th re ga rd to the proposed ba 11 ot language
relating to the proposed revisions to Article VI I regarding the
Countywide Planning Council. Since this ballot language was
submitted to us at such a late date, a formal resolution from our
Town Council was not possible.
The Town 9f Lantana strongly objects to the proposed ballot
language as it is extremely misleading. The Charter revisions
proposed by the County allow the Planning Council to include
goals, objectives and policies in the so called "Land Use Ele-
me nt " which may be included in any other Comprehens ive Plan
elements. The "revised Charter" also gr an ts to the Planning
Council authority over all land development regulations; thus,
the Planning Council jurisdiction is being significantly in-
creased and it i~ grossly misleading to state to the voters that
the powers are simply being "affirmed".
Further, the proposed Charter revisions delete all reference
to a "composite plan" and afford no protection to already adopted
local government plans which are in compliance with DCA. Under
S,ection 7.2, the Planning Council is given authority to implement
th,e Land Use Element, thus usurping the local government's zoning
authority. This is totally inappropriate as thè Planning Council
is- only a "local planning agency" and may make recommendations
only. All implementation authority rests with the local govern-
ment.
·
DRAFT
Karen M. Marcus, Chair
May 21, 1991 v
Page 2
The repeal provision has been deleted except in the instance
when the County determines that a referendum regarding same is
appropriate and puts the ~ssue on the ballot. Thus, the repeal
provision becomes illusory and is strictly controlled by the
Board of County Commissioners.
If the Board of County Commissioners desires to place this
issue on the ballot, the least the citizens in this County could
expect is objective ballot language indi ca ti ng the increased
jurisdiction and powers which are to be allocated to the Planning
Council such that they might be able to make a fair assessment of
this important issue.
The changes proposed to Article VII of the Palm Beach County
Charter which created the Countywide Planning Council are far
reaching and significant. It becomes obvious that these revi-
sions indicate an admission on the part 0 f the County that the
Countywide Planning Council has, indeed, far exceeded its author-
ity as set forth in the original Charter language. If such were
not the case, these extensive revisions would not be necessary in
order to confirm the CFLUE that is currently proposed f or adop-
tion.
The Town of Lantana strongly objects to both the ballot
language and t~e Charter revisions, as proposed.
Sincerely,
Ronald M. Ferris
Town Manager
RMF:blp
cc: Members of the Board of County Commissioners
~-;:;-~
.5 /1.3/{/1 /ììI)
C!: Õ:l.·v~d kovoc.~ S'Þ,/tI/ n¥J
Palm Reach County MUNICIPAL LEAGUE
P,O, BOX 1989. GOVERNMENT CENTER. WEST PALM BEACH. FLORIDA 33402 (407) 355-4484
1\ 12 L "-. . .,
~ ~ V F-.' I,
M ..., ..'
AY 3 1991
MEMORANDUM CITY MANAG -R' _
t ¡ S Of-FI'"
. '~L
TO: City Managers/Clerks ~
FR: Jack Horniman, Executi~e Directo~
DT: May 6, 1991
RE: Proposed Revisions to Article VII of the Palm Beach
County Charter Regarding the Countywide Planning Council
----------------------------------------
----------------------------------------
Please find enclosed a copy of the existing Palm Beach County
Charter Article VII ( exhibit 1), Palm Beach County's proposed
revisions to the Charter regarding the Planning Council (exhibit
2). The League responded to these proposed revisions prepared by
the County, and our comments are contained in exhibit 3.
Please note that extensive revisions have been proposed by the
County to amend the Charter language to closely align it with the
proposed Comprehensive Future Land Use Element that has been
prepared by the Planning Council. The League's proposed revisions
to the Charter, Article VII are not extensive because we feel that
the existing Charter language is generally adequate. However, if
the County insists on a revision to the Charter, the League is
proposing its own revision to Article VII of the Charter, which is
also enclosed as exhibit 4.
The Board of County Commissioners at its workshop meeting of April
30, 1991, discussed the revisions as proposed by the County. The
League's revisions were not discussed, but entered into the record.
No future agenda date has been set by the Board of County
Commissioners for action on the proposed charter revisions.
Therefore, if you have any comments regarding this material, please
provide them to the League office as soon as poasible so we can
be adequately prepared for future discu..ion with the County on
this matter.
~ I '1) I I lvr a:N<l J-d ¿.,~ t
Exhibit 2
PALM DEACH COUlffi' CODE
/ill'!'lCLE VII. CUUN'.1'YWIDE pLhNNII1G COUNCIL*
Sec. 7.1. Creation of Palm Beach COW1tnllde Planning Counoil.
-
There is hereby created the Palm Beach Count~ldc Plauning
Council, hereinafter referred to as the "planning ëõüñcil./I
(ord. No. 86-30, S 2, 9-9-86)
Sec. 7.~. Purpose.,
The planning council is hereby established to ensure the
effective harmonious development and implementation of a
countywide future land use JSI_Ji element, to coordinate the land
use planning process of all governments within the county and to
establish a cooperative effort that will resolve,'or more
importantly, prevent incompatibilities and conflicts among local
goverrunents' land use planning efforts. (Ord. No. 86"30, S 2,
9-9-86)
Sec. 7.3 Definitions.
Land use element
( 2 ) Count~ide issues. Those! issues which ÎJ1JP4Ct more than
one local gove~nment.
. (3) Governments include local gOVernm8n~ s~cial districts
as defined in Chapter 210. Florida Statutes w ch aye land
planning responsibilities. the South Florida Water Management
District and the Palm Beach County School Board..
l t lill Local government/..:. Any county or municipality,' as
defined in Chapter 163, Florida Statutes.
· Editor's note.. Ord. No. 86-30, adopted Sept. 9, 1986, from
which this article is derived, was approved at an election held
Nov. 4, 1906, to become effective Jan. 1, 1987.
1-
-- __ __ '10,,:.
'f'
Code references - county ~evelopment board, ch. 32, planning
board, ch. 34, plata And plAtting of land, ch. 35, miscellaneous
zoning provisions, ch. 47, subdivision and platting regulations,
app. AI zoning code, app. D.
121ill Intel'jurisdictional incoJOpatibility shall be defined
as ð. potential implementation of a local goverruuent future land
use element or rcla teù ele'Dcut ,s¡iJ1 which tØÞ!l~/1.~p.ítt/.rl¢t)1~f
¡øt'1/CØ1¢t~\tritlìri¢/~HI¢~:
(a) Creates a potential unplanned financial burden on ¢rld
11.1/fþt/-øøté another loca.l governmentIUJér1t.ltt~h~' or
local governments:
(b) Creates potential incompatible land uses, density or
intensity adjacent to one (1) or more local government!
_t/ørir.ttf.~_' or
-( c) Creates potential adverselt impacts ¢ri;lll1/¢t/~øt_ £g
another local goverrunentÁII;r1tltt~'1 or locnl
qoverrunentsl or
(d) Creates Án a potential exee.. demand on the
infrastructure or natural resources of ~ri~/Ill/øt/~~t~
another local government'Z/~~tttf~~ or local
~overnments ~XI_ñt tf~~. (Ord. No. 86-30, S 2, 9-9-86)
Sec. 7.4 Membership.
There shall be seventeen (17) members of the planninq
council, all of whom reside in Palm Beach· county,
(a) Six (6) members shall be duly appointed by the county
conunisslon ~ nUJ1/r(f,hU!j/I'Øl/~;'i_/tSt /t.Y&~/~t{éøt.1.-Jé
~;.t~/Ø /tHl./~tttiZé/II.~~átt/tlll'.11. One (1)
appointee shall be a member of the board of county
conunissioners. Two (2) or more appointees may be
members of the board of county commissioners, except
that nothing contained herein shall be construed to
permit a majority of the board of county cOlwnlssioners
to be so appointed. A minimum of four (4) appointees
shall reside 1n the unincorporated area o! Palm Beach
County.
( 1» Nine (9) members shall be duly appointed by the Palm
Beach County Municipal League, Inc., in the followin9
Ina~ner: Three (3) members shall be appointed one (1)
from each of the three (3) most populated
municipalities in the county as determined by the most
recent estimates established pursuant to section
186.901, Florida Statutes. M1 /iélíppø1.Jit"'øJ1t./ølI t)1~;ø
~;'~~ti/¡~Xtt~Ilt/irpø!Jit~d ^t the time of expiration
of the term or reappointment for any other cause. the
.2.
,
lOembcrShi¥ [rom the three (3) most populated
municipal ties shall be. determined baaed upon the most
recent population estimates as established purøuant to
section 186.901, Florida Statutes. Appoint.ments or
reappointments made pursuant to this section shall be
mnde from nominations received from the three (3) most
populated municip~litie9 as described herein. The six
(6) remainlng at-large appointments shall be made by
the Palm Beach County Municipal League, Inc. No more
than one (1) municipal appointee shall represent any
single municipality.
(c) The Palm Beach County School Board shall appoint one
(1) of its members as a representatly~.
(d) The South Floriùa Water Management District shall
appoint one (1) representative.
(e) All appointments shall-become effective upon
ratification 'tJ¢/t;.'t. 't/.~' by the board of county
commissloners unless a majority of the board of county
conunissioners plus one (1) rejects the appointment
within thirty (30) days after receiving notice of the
appointment. Should an appointment be rejected by the
board of county commissioners, the appointing entity
shall submit another name for ratification until all
positions are filled.
ltl//$~Ø~I~/jritlippø¡rit!ri_/~dt .tflnøi/pi;_;riiltnø/~ø~t./øt
~ø~riitl¢ø~l~~lØrtéi~/ti_/~ppØ!ft~~rit/f¢tlí.tttl~.tlØri
wttHlri/rilri;tt/I'Øl/~.ý'/øf/tHe/~tt~~tlý;/~'t;/øtlt~t.
jftl~Iéll~~ri~_tý/l'/%"71'lt~éri'/fn/tMát/~i~rit'/t~é
~øJti/øf/¢ø~nttl¢ø~I"løriét.I.X_l¡/tllZltHé/pø_ltløri
~~t~~~ñtltølt~;/té~ 't~~øni./øf/tHl~/'é¢t!øri'IIIØt~'
"øJ/ØØf~Ø'I'1211'r'~Ø'1
Sec. 7.5 Vacancies.
Any appointing entity may remove and replace any of its
appointees it/Ánfltlø~ fur qood cause shown. but not basad ~n
the appeilltees' votlnq recordL by majority vote of the appo nting
ent1 ty. . The tem of a plarm!nq cOWlci1 member shall become
vacated upon his death, rcsiqnatlon. forfeiture of membership, or
removal frorn membership in any manner prescribed by law.
,Vacancies shall be filled by theappo1nting entity in the manner
described in Section 7.4 herein. wliJi./iitf.tJ.¢;''tløri/tJt/t''Y1øT'i>ø"rt/.
¢t/tø~~tý/tø~íi.løriét.J
In the event appointJnents for filling a vacancy are not
submitted to the county commission upon the expiration of a term,
the planning council shall notify the appointing entity that an
appointment must be made within a sixty-day period from the time
of notification. l'he former appointee shall serve until
3.
replaced. If an appointment is not made within the ,sixty-day
period, then the planninv council by majority vote of all its
members shall make such appointments in accordance with the
criteria estabrished in this section and submit them lor
ratification. 1~~/tti~/øt/_/plirlrilrit/tØ~ri¢!I/~~~ét/~MiII/~ttø~í
ýíiit~ø/~pøri!nl;/~íít~'/tø;!íri.ttør.'/tøtfélt~t;/øf/~~~~f_Hip'/øt
tt~Øý.I/!tø~/~é~~tl~fp/ 11/_rit/~irtritt/pt,.¢tí~í¿/~tIXi¢II/$~¢~
~itiñtý/t~ill/~'/fíZ¡~~/tn/t~;/~.rlrlét/¿~~~tl~~~/~~t¢tnJ (Ord.
No. 86-30, S 2, 9-9-86)
Sec. 7. 6 . 'l'eIlDs or office.
NeJnber s shall be appointed £01- a term of three (3) years
after the initial staggered appointments. The stac;¡gered
appointments are aa follows:
The South. Florida Water Management District member, two (2)
county commissioner appointees, three (3) municipal league
appointees including one (I) of the three (3) most-populated
municipality appointees shall be appointed for three (3)
years. The school board member, two (2) county commissioner
appointees, and three (3) municipal league appointees
including one (1) of the three (3) most-populated
municipality appointees shall be initially appointed for two
(2) years. The remaining appointees shall initially serve
one-year terms. (Ord. No. 86-30, S 2, 9-9-86)
Sec. 7. 7 . Administratlou.
( a) The planning council shall employ an executive director
who shall hire such other administrative, professional, expert
and olerical assistants as are necessary to carry out the duties
authorized by this Charter and as provided for in the planninq
council's adopted budget.
( b) The planning council shall adopt reasonable rules ~f
ptp¢~~~ié to govern the conduct of its meetinq.~ _ñ4 the
performance of its duties and the ex~ndlture of funds not
inconsistent with øtatestatute. (Or. No. 86-30, S 2, 9-9-86)
as necessary e purposes of tbis
Sec. 7. a . preparation ~l~ adoptlon'procedures.
, 1!l Each local government in Palm Bea~h COWlty shall, upon
request, furnish the planning cOWlcil 'with its current adopted
comprehensive plan. The planning council shall tX~ri/~.Ké/i .
¢ø~pø'lté/øt/Ziri~/~~~/p¡~ri;/i;~~lýéøliri~/'Xill analyze the local
government future land use element and related elements ¢ø~pøølté
4.
.-..- - ..- '. '.":_-":.", -~
,
pI~n_ for potential interjurisdiotional incompatibiiities &1
defined herein and shall 1>0 advise the affeoted local governments
of its findings' / /^7-¡'/h5ttÁII~t/J"/~t'/fØént_/~ó/'Ð;I't.f.~tr.éil"Þt -
pøtérlilí¡l¡rititl~ttØdltt ørliZ/lri~øøpitl~llltli_I'~/~é lrié~/~íiéfn
~M~%I/~~/rl~tlf ~~ in writing ~ilt~é/~X'_~lri~/t~~ntl1 as to the
specific nature of the potential interjurisdictional
incompatibilities. . The affected local governments shall be given
an- opportunity to respond in writinq to the planning council
regarding the l'otentinl iucompatibilit!es, and the planning
council shall consider amI evaluate the merits of the responses.
The plannii1g council shall then hold public bearings ,sri/tJié
¢ø~pø~ttt/plinl notin; to the public all potential
Interjurisdictional incompatibilities identified in the future
land use element and relåted elements t¢øpø~lt~/øtltH./1.rii/~_~
plíri~ received from the local governments and the response.
received from the affected local governments. The planning
council shall then prepare a proposed countywide future land use
element, pursuant to chapter 163, Florida Statutes, conølderin9
the potential interjurisdictional incompatibilities as identified
lrilt~é/tø~pø_ t;/;liri and the comments received at the public
hearinqs. The planning council, 1n preparinq the countywide
future land use element, shall not modif the local overnment
ado ted land use element exce t to reso ve or re ent ¡it ør4
I .11 tl;'t/J'1fi
tHit/~ø~p~~tt~/~Zåri/w~~ri potential interjurisdictional
incompatibilities as defined above. ~tt_t The planning council
1s s cificsll authorized to ado t oa1. öb eotives 1101e8
and performance stan rds for t e purposes of cert f~ca on of
local Qovernment future, land use elements and related elements.
1R1 The planninq council shall provide a draft of the
proposed countywide future land use element to each local
government and request wrItten comments. If the planning council
concurs with the local government's comments, it shall modify the
proposed countywide future land use element accordingly. If the
planninq council does not concur with the local government, it
shall then conduct public hearings on the proposed countywide
future land use element and shall recommend for adoption by the
board of county commissioners a countywide future land use
element pursuant to chapter 163, Florida Statutes. The board of
county commissioners shall adopt the countywide future land use
element prepared by the planning council by a majority vote of
the entire commission. A majority of the board of county
commissioners plus, one (1) shall be required to make any
~en~nent, addition or deletion to the countywide land use
element as recommended by the planning council. 'rhe board of
county commissioners, in adopting the countywide land use
element, shall ~ot establish more intense land uses or hioher
densities than- provided for by any local 90verr~ent's adopted
land use element wi~hout the express consent of the local
qoverrunent. (Ord. No. 86-30, S 2, 9-9~86)
5.
--- ..:s A. ---=-
,
~~tJI7J'JII~tt~~tli~/~~t~1
1////T~~/tø~n'j~t~~/t~t~ié/J~ri~/~_~/;¡~~ntl_~-ZZ/t.X~/élt_tt/øri~
lZl/1~~tltt~~/t~~/~_t~/Øf/.~~~ti~rl/~tltX~/~~~t~/øt/~~~rit1
tø~ ~_!ørift;/~rl~/_~tll/~~/t~~/Á~øpté~/I~ri~/~'é/é¡é~~ritIp~t'~írlt
tø/¢'riípiétllø~'/rløtt~~/,,'t.Át~t.;';'I/tØt/~;'¢)i/I(;t;'1./é~ý;tfid¡éritl
~nl~';'lt~~/ZØt~Z/~øýøtnø;rlt'_lí~øpi~~/pI~~/)ií./~é~n/tétt t ~~/~t
t~~/Þlírl~!~~/¢Ø~n~tl/~./¢¢rl;l~tént/~lt)i/tHéli~¢pté~/tØ~rittw ~é
t~t~t~/¡~n~/~.~/~¡~~~ni'/lttliritllØ¢iXliØ~;t~;rit,~/pZ.ri/ ;./nøt
¢;ti!tt;~/~_/éØriJljt~ñt/~tjt)i;/pX.nntrii/¢Ø~ri¢ll'/tHølt~~rit~ ~é
t~t~t~/Iiri~/~~~/éIé~;rit/'~Åll/pt~ý_tl'II~)iété/.ll~¢_ZIpZ;'ri/~i.
~é~ri/¢étttti;~'I!tliH~Ill;'~t1é/ií/i)ié/~Ø~rittwl~é/Z;.n~/~í~/éZéØérit
tøt It:p;'i/itéiJ
Xri/t)i~/~ý;.nf/Á/t~t~t~/l~ri~/~~é/triøØ~P.tt~tZttiIHí./~tt.dri
~ét~._nlt~~/121/Øt/~¢té/lØ~;'X/_ø;étriØ;rit /ptløtlt~/t)iélétt.ttt1é
~.t;/øtlt)i _I_ttl~1~/YtIlllíri~.ttltll%"711Iírilltrilt~~/~ý~ritlt~;'t
~~ø~/lø¢_Z/~øý't~~rlt;/jt~/tX~n/ø~tt~ritItllttté~ttri~/_~øX
triøø~~jtl~tltttéjlltX~/pltrin ri~/~ø~riø tl_MiItl_~_~éri.1.
~,t~tØtriitløri/téfít~tri./¢¢ri~ljt.n~iløtltnø_é/~itt't_/lri/~~rifIløt
~_t~één/j~t~/tø~~tlfØ~ét~é~t_/irittX/_i~M/~~rit~l~t/~;'_1~é.ri
téj~I;~./~t/~ttt..tt~~Jlírii/~/t n.I/~t~étléñt~t~.'/tØIIØwlrii
t!n;'XliPpéíIIIIMØtHlñ'/~øntitrié.ln_télñ/jn.lll;tØ~t~ tliriillØ¢ÁI
~øýét~øntlttø~/i'Øpt ri_/~øté/té.ttl~tl;./Zíri./~_é~/t)i~~/ptØ; .é'
tøt/~t/tHé/~~~nt~t.~/t~t~t~/I'ri./~_é/é~éøéritJI/IØt.J/"~J/øØ~¡Ø'
'/211'1,,,.øl
Sec. 1.1Ø!. Evaluation And appraisal report.
Not more than once every two (2) years, the planning council
shall prepare an e'¡aluationand appraisal report of the adopted
countywide future land use element pursuant to chapter 163,
Florida Statutes. The evaluation and appraisal report shall
identify the success and failure of the countywide future land
use element in p.reventiny and rS80lVin, Interjurlsdlctionaì
t~'1.êwl.Ý1'ÍI't.ti_ll.J1t .I'J.~ø/p ~'ltJ11Ý1í/ØtliII Zø~.II.Øý;.t-Mtêri'/.;I'" tHl.n
tH_/øø~~t11.n~/~øilri~/'/.)1ø/~Øt~J1tt~lttt/øf incompatibilities among
local overnments' land use lannin efforts. »~t~øéri/løt_l
11tté 1)1. (OId. No. 86-30, S 2, 9-9-06)
Sec. 7.1. 1. 10. Rp-ýi~~ Certification process.
The adopted countywiùe land use element shall be transmitted
to each local government. Within a period of time specified by
procedural rule, each local government shall, if necessary, ,
propose modifications to its land use element and related
elements to make them COlfsistent with the adopted countywide land
use element and transmit the local land use element, related
elements and any proposed amendments to the planning council.
The planning council shall review, within a. period of time
6.
· ..
specified by procedural rule, submitted local elements, lncludlnq
proposed amendments, If any, and determine whether or not they
are consistent \iÌth'the countywide land use element.
(a) If.found to be consistent, the planning council shall
certify the local land use element and relAted
elements. If the elements as certified included
proposed amendments, the local government shall adopt
those amendroentR pursuant to chapter 163, Florida
statutes. 'l'he local 90vernment shall forward the
adopted amendments to the planninq council within
thirty (30) days. If tbe adopted local amendments are
dIfferent from the proposed amendments which formed the
basis of the certification by the planning council, the
local elements Ghall' be resubmitted for certification.
(b) If found to be not" consistent, the planning council
shall identify inconsistençies and specify the
modifications to the local elements that are necessary
to make it th~n consistent. Upon being notified by the
planning council that the local elements are not
consistent with the countywide land use element, the
local government Jnay then propose amendments to the
local elements and transmit the proposed amendments to
the planninq council. The planninq council shall
review the submitted local land use element and related
elements and proposed amendments w~tbin a period of
time specified by procedural rule. Upon finding that
the proposed amendments to the local Z.ri~/~~~ elements
a.re consistent with the countyWide land use element,
the planning council shall certify same and the
procedures of Ïaraqra~b ~ shall ð~Pl~.-r¡y:;¡r¡,ØØ;'X
'¢1~t~éßt/_~i ¡1.'ØI It ~~~/iØéri~ ñt'/p~t~__ßtlt~
~H_pt~t/lØ~'/1Zøft../.tit~t;'~JIITH~/Iø~iX/~øv~ttøén~
r.~~ll/r.~~~/I¢t~~t'/rH~/~~~pt~./~~~~~~~"t~/f.~/t~~
pI~~~ ñ;/~~~ß~lll//¡t/tXé/;.~ø;f~' Iø~iX ~tritm;'~t~/.i~
~l.llétérit/ ttøill tHø /Ptøpøl.~~/ ÁJI1.IiQ''',U~~/tA.l.t,!ti/ t;,tu1,4f/./ tJi'!
~i~l~/tØt/~~tt tt~~tfØñ/~iltH~/_I;'~~l~~/~ø~ri~lJ'/~»~
løøiJ/_I~ø~rit'/sMiZ~/~~/té;i~~lttø.ll~t/~~tttf1t~tløril
If the planning council finds that the local elements
are still not consistent with the countywide land use
element, it sh~ll identify suoh inconsistencies and
specify the modifications to the local elements that
are necessary to make tt ~ consistent. The
provisions of this paraqraph shall apply to all
subsequent proposed amendments transmitted to the
planninQ council in response to the inconsistencies
identified and modifications sU9gested by the planning
~ouncil in earlier reviews. (Ord. No. 06- 3 0, S 2,
9-9-86)
1£1 'l11e I?lanniug cowlcl1 may exempt or limltthe review of
a...-loC41 <¡ov!!rruuentfs land use and related elements if a
(Wo-thirdS mSjo;") of 7 ~b" platUllnq counoil finds that
'~.
..
or
ill
.w If lU'Uendmeuts cause Buell elements to be inconsistent
wi th the countH1de futuxe land use element, then the
applicable vçrt on of such amendments or elements shall
be decertified bY the plannina cowlclì.
,
ill If a local goverJwent is 1n ðefault under a local
90vernment aqreement {>ursuant to para:iaPh f. then tbe
Plannlni~council may decertifY the app icable portion
of the ocal government future land use or relate~
elements.
The count
Sec. 7.1.211. 1wendments.
Amend.ments to tbe adopt.ed countywide £uture land use element
shall be in! tiated oeily by a local C}overnrnent or the planning
council. Any amendment initiated by the planning council shall
be based on the evaluation and appraisal report. These
8.
nmendnu!nta shall beaùopted by the board of county commissioners
in the lame manner as provi~ed for in the oriqinal plan adoption.
All amendments to the countywide future land use elemcnt
initiated by a local government must be transmitted to the board
of county commissioners with a recommendation by the planning
council. Any amendment proposed ,by.a local 90vernment that is
not recommended fOJ: approval by the planning council ¢~ri runy only
be approved by a majority of the board of county con~issioners
plus one (1). tOrd. No. 06-30, S 2,9-9-86)
Sec. 1.X'!1. consistency requirement.
All ¢t)1øtlttl"t~91 elements of the local <}overrunent's
comprehensive plan shall be ø.~é consistent with the adopted
countywide land use element, and all land develo~ent
reQ'UlatioDs~ all developments undertaken by and all actions taken
In regard to development orders by 90vernmenta1 aqencie8 shall be
consistent with the adopted countywide future land use element.
(Ord. No. 86-30, 5 2, 9-9-86)
,
Sec. 7.1411. Plannin9 cowlcl1
Sec. 7.IJl!. Funding.
The plannlnc¡ council shall annually adopt a budqet anå
submit it to the board uf county commissioners. The board of
county commissioners shall provide the fW1ds requested by the
planning council unless a majority of the board plus one (1)
rejects or modifies the proposed budqet. The county shall fund
the planning council each year in an amount reasonably sufficient
to per,mi t the planning council to accomplish its
responaibilities. (Ord. No. 86-30, S 2, 9-9-86)
9.
Palm8each County MUNICIPAL LEAGUE
P,O, BOX 1989. GOVERNMENT CENTER. WEST PALM BEACH, FLORIDA 3J,¿02 (407) 355~84
Exhibit 3
April 26, 1991
Ms. Barbara Alterman
Assistant County Administrator
P.o. Box 1989
Governmental Center
West Palm Beach, FL 33401
Dear Ms. Alterman:
Please find attached a memorandum regarding the Palm Beach County
Municipal League' s comments regarding the County's proposed Charter
Revision to Article VII, Countywide Planning Council for discussion
at the Board of County Commissioners meeting scheduled for April
30, 1991 at 3:00 p.m.
As you know, I do not necessarily feel that an amendment to the
Palm Beach county Charter is necessary. Rather, there seems to be
a difference in opinion regarding interpretation of the Charter
provisions regarding the countywide Planning Council. I will be
forwarding to you, under separate cover, revisions to the Charter
that I would propose to the League if a Charter Amendment was
sought by the County.
S]¿JL .
. ~
J ck Horniman
Executive Director
M E M 0 RAN DUM
TO: BARBARA ALTERMAN, ASSISTANT COUNTY ATTORNEY
FROM: JACK L. HORNIMAN, INTERIM EXECUTIVE DIRECTOR
PALM BEACH COUNTY MUNICIPAL LEAGUE
DATE: APRIL 26, 1991
RE: COMMENTS ON CHARTER REVISIONS TO ARTICLE VII - COUNTYWIDE
PLANNING COUNCIL - PROPOSED BY PALM BEACH COUNTY
With regard to the proposed revisions to Article VII of the
Palm Beach County Charter pertaining to the Countywide Planning
Council, the Palm Beach County Municipal League offers the
following comments:
The changes proposed to Article VII of the Palm Beach county
Charter which created the Countywide Planning Council are far
reaching and significant. Thus, it becomes patently obvious that
these revisions indicate an admission on the part of the County
that the Countywide Planning Council has, indeed, far exceeded
authority as set forth in the original Charter language. If such
were not the case, these extensive revisions would not be necessary
in order to confirm the CFLUE that is currently proposed for
adoption. Comments on the specific sections are as follows:
Sec. 7.1 - No objection to the change in the title of the
Council to "Countywide" Planning Council as opposed to County
Council.
Sec. 7.2 - Purpose. The League objects to the word
"implementation" to be included in the purpose section as the
Planning Council is identified as a Local Planning Agency under
Sec. 7. 14 . As such, the Planning Council is strictly advisory and
has no implementation powers. The Board of County Commissioners
is the local government charged with the r~sponsibilities of
implementation.
Sec. 7.3 Definitions
(1) The manner in which a "Countywide Future Land Use
Element" has been defined herein is extremely misleading. If
goals, objectives and policies which are requirements for other
comprehensive plan elements may be included, this "element" can no
longer be properly termed a "Future Land Use Element". .This
definition ignores Chapter 163 and Rule 9J-S, F.A.C.
Barbara Alterman, Assistant County Attorney
April 26, 1991 .
Page 2
(2) "countywide Issues" should be defined as those issues
which impact on at least a majority plus one of all local
governments. To define "Countywide Issues" as "those issues which
impact one or more local governments" would mean that every "II
identified" would be a "Countywide Issues". Surely this is not the
case.
(3) The South Florida Water Management District and the Palm
Beach County School Board have no land planning responsibilities
and certainly should not be included as "local governments". Since
we are governed by the Local Government Comprehensive Planning and
Land Development Regulation Act, Chapter 163, Florida Statute, the
definition of local governments should be the same as set forth
therein at section 163.3164 (12) , F.S.
If the definition remains in subparagraph 4, then the next
definition should be numbered as (5) Interjurisdictional
Incompatibilities.
(5) Interjurisdictional Incompatibilities - The League
objects to the term "all related elements" because this goes beyond
a Future Land Use Element: further, these "related elements" have
not been defined in the Charter.
(a) Should use the term "adjacent local government" if we are
actually dealing with a Future Land Use Element. When utilizing
land use planning techniques, local governments only have influence
on those whose boundaries they touch unless a true "Countywide"
problem is created which would effect a majority plus one of all
local governments within the County.
(b) Same ,comment as set forth in 5 (a) above.
(c) This definition is overbroad and should be deleted.
Almost anything could be placed under this category as "creating
potential impacts on another local government".
(d) Same comment as noted above in Subparagraph (a) and (b).
Sec. 7.4 Membership
(a) The League has no objection to the revisions.
(b) The League has no objection to the revisions.
Barbara Alterman, Assistant County Attorney
April 26, 1991
Page 3
(c) No change.
(d) No change.
(e) This paragraph should be deleted in its entirety. Making
the appointments effective only upon ratification can create a
problem where there are not sufficient members for the Planning
Council to fulfill its purpose effectively. Further, why should
the County have ratification powers over the appointments 'by the
Municipal League, the School Board and the South Florida Water
Management District. If each of these local governments and/or
special districts has appointment powers then they should be able
to appoint whomever they choose to this Council. A sentence should
be added in this section which states that all appointments shall
be effective with full voting powers upon appointment by the
entity.
(f) No objection to deletion of this entire paragraph.
Sec. 7.5 Vacancies
The language inserted in this section "for good cause shown,
but not based upon the appointees voting record," is in opposition
to a democratic form of government. When our elected officials do
not accurately and adequately represent us we have a right to
remove them because of the manner in which they have voted on
issues. This language is in derogation of the representative form
of government. It should be deleted. Any appointing entity should
be able to remove and replace any of its appointees at any time for
any reason it deems appropriate. The language stricken is not
objectionable as it is included earlier in this Section.
Sec. 7.6 Terms of Office - No Change.
Sec. 7.7 Administration - The League has no objections to the
revisions.
Sec. 7'.8 (a) Once again, the League objects to the term
"related elements" as these have never been defined in the Charter.
Further, the League objects to the deletion of the term "composite
of the land use plan" .as this "Countywide Future Land Use Element"
was supposed to be a representation of the, land use elements of all
local governments with the interjurisdictional incompatibilities
identified and resolved. When the term "composite plan" is
deleted, the Planning Council can create any type of. land use
Barbara Alterman, Assistant County Attorney
April 26, 1991
Page 4
element they desire and may totally ignore the previous efforts of
all local governments. This is duplicative and wasteful. The
League objects to the last sentence of subparagraph (a), because
the language indicates that the goals, objectives, policies and
performance standards would be utilized for certification of
already adopted local government future land use elements. This
indicates that these goals, objectives, policies and performance
standards could be u,tilized retroactively. This process is
objectionable.
The extensive changes found in this Section appear to be a
direct admission that the Planning Council has not followed the
current Charter in that no composite plan was ever formulated and
there was no authorization to utilize goals, objectives, policies
and performance standards retroactively against adopted plans for
certification. It would appear that this verbiage is being added
now to justify, after the fact, what the Planning Council desires
to do in derogation of the currently adopted Charter. Since the
procedure is being substantially changed, the Planning Council
should not take any further action until these new procedures are
either adopted or rejected by the people.
(b) No objections.
Sec. 7.9 - Effective Date
The League has no objections to the deletion of this Section
as it is included under section 7.10 (g); however, it would appear
to be easier to find in a separate section.
Sec. 7.9 - (as revised) - Evaluation and Appraisal Report.
The League hàs no objection to the revisions in this Section.
Sec. '7.10 (as revised) - Certification process.
(a) No Change.
(b) No objections.
(c) Why is a 2/3 majority necessary to exe~pt certain loc~l
government's land use elements?
(d) No objections, but unnecessary. Also "related elements"
are not defined
(e) No objections.
Barbara Alterman, Assistant County Attorney
April 26, 1991
Page 5
(f) No objections.
(g) The League believes this item would be better placed
under its former section "Effective Date" for simplification and
ease in locating this portion. Al.so, given the proposed CFLUE, it
would be almost impossible to know what portions of that document
are the "applicable" portions of the CFLUE that would prevail if
a local plan is not certified.
Sec. 7.11 (as revised) - Amendments.
No objection to these revisions.
Sec. 7.12 (as revised) - Consistency Requirements
Internal consistency is required under state law. The
Planning Council has no authority over Land Development
Regulations, which are implementation tools. The League objects
to the inclusion of the term "all land development regulations".
Sec. 7.13 (as revised) - Planning Council as Local Planning
Agency.
The League objects to the additional language, indicating that
the Planning Council has authority over implementation of the
plans. This is properly in the hands of the local governments.
The League further obj ects to the language indicating that the
Planning Council shall have review authority over land use
elements, related elements, amendments and al;1. local government
proposed land development regulations. This gives the Planning
Council authority over all zoning, rezoning, variances, etc.
Sec. 7.14 (as revised) - Funding.
The League has no objections to this revision.
Sec. 7.15 (as revised) - Contracts, Gifts'and Grants.
No change
Sec. 7.16 (as revised) -: Legal Rights.
No change
Barbara Alterman, Assistant County' Attorney
April 26, 1991
Page 6
Sec. 7.17 (as revised) - Prevalence over Municipal Ordinances
The League objects to the additional language included herein
as unnecessary, vague, over broad and undefinable.
.
Sec. 7.18 (as revised) - Effective Date.
This title is inappropriate as the Section now addresses with
amendments. Further, in accordance with the law, the only way the
Charter may be amended is by referendum so this additional language
is superfluous.
Sec. 7.19 (as revised) - Repeal Provision.
The League objects to the revisions of this section. The only
way a referendum can be placed on the ballot is if the Board of
County Commissioners so places it or if the citizens go through a
onerous and burdensome task of collecting the requisite number of
signatures on a petition. The repeal provision is illusory the
way it is written. The issue should automatically be on the ballot
every three years, so the citizens can decide if the County and the
Planning Council are doing a satisfactory job. If the Planning
Council was proceeding in accordance with the Charter, there would
be no League opposition and no threat of repeal by the local
governments.
Sec. 7.20 (as revised) Geographic Exceptions to the Adopted
Level of Service.
Comments reserved.
with regard to the proposed ballot language the League offers
the following comments:
If the amendments adopted are as extensive as those proposed,
the ballot language should absolutely ind~cate exactly what
revisions have been made to the Charter and what ramifications they
will have countywide. The proposed revisions certainly do not
simply "affirm" the authority as proposed in the currently adopted
,Charter; otherwise, the extensive revisions would not be necessary.
The proposed revisions would allow the Countywide Planning Council
to supersede any and all policies, performance standards, land
development regulations, etc. proposed by a local government.
There are major substantive changes to the existing charter. The
repeal provision is illusory, as written.
TJW:blp
Palm Beach County MUNICIPAL LEAGUE
P,o, BOX 1989. GOVERNMENT CENTER. WEST PALM BEACH. FLORIDA ~02 (.07) ~
Exhibit 4
April 26, 1991
Ms. Barbara Alterman
Assistant County Attorney
P.O. Box 1989
Governmental Center
West Palm Beach, FL 33401
Dear Ms. Alterman:
Please find enclosed proposed revisions to the county Charter
regarding Article VII, countywide Planning Council. These
revisions are submitted for discussion only at the Board of County
Commissioners workshop scheduled for April 30, 1991 at 3:00 p.m.
as the League membership has not reviewed or ratified these
proposed revisions.
Sincerely,
,~ . "/ / '
~ ~,~U~
Jack Horniman
Executive Director
t£AbUé 's ke VI ~/O""S
PALM DEACJI C,')UNTY CODE
- -
ARTICLE VII. COUNTYWIDE ,PLANNING COUNCIL*
Sec. 7.1. Creation of Palm Beach County Planning Council.
There is hereby created the Palm Beach County Planning
Council, hereinafter referred to as the "planning council."
(Ord. No. 86-30, Sec.2, 9-9-86)
Sec. 7.2. Purpose.
The planning council is hereby established to ensttre-the
provide for effective harmonious development of a countywide
future land use plan element ,to coordinate the land use planning
process of all gov~rnments within the county and to establish a
cooperative effort that will resolve,-~-rnore--.lmport:ant:}yï-pre-
~nt: incompatibilities and conflicts among local governments'
land use planning efforts. (Ord. No. 86-30, Sec. 2, 9-9-86)
Sec. 7.3 Definitions.
(1) Local government: Any county or municipality, as de-
fined in Chapter 163, Florida Statutes,.
(2) Interjurisdictional incompatibility shall be defined as
a potential implementation of a local government Future Land Use
Element plan which eould impact!, another local government- -
and which:
(a) Creates a potential unplanned financial burden on an
adjacent one-tlt-or-more local governmental-entities, or;
(b) Cr~ates potential incompatible land uses, density or
intensity adjacent to one (1) or more local governments
al-entities¡-or -
tet ------Adverse-ly- impaets-one- tIt -or-more-l-oca-l-governmental
entitie8¡-Or
*Edito~'s note - Ord. No. 86-30, adopted Sept. 9, 1986,
from which this article is derived, was approved at an election
held Nov. 4, 1986, to become effective Jan. 1, 1987.
Code references - County development board, ch. 32;
planning board, ch. 34; plats and platting of land, ch. 35;
miscellaneous zoning provisions, ch. 47; subdivision and platting
regulations, app. A; zoning code, app. B.
-- .."".-,~.
td} 1£l Creates an excess, demand on the infrastructure
or natural resources of an adjacent on-e-tl·)-~r--more
loca 1 government ð1 --en-t-i-t.....~s'.. (Ord. No. 86 -30, Sec. 2,
9-9-86)
ill Future Land Use Element: One of the required elements of
~ comprehensive plan as defined in Sec. 163.3177(6)(a) Florida
Statutes containing all requirements for ~ future land use ele-
ment as set forth in Rule 9J-5.006, r.A.C. 1'he future land ~
element shall not contain any goals L objectives, policies £!
maps or any other required items which ~ required for other
elements in accordance with Chapter 1!IL F.S. and/or Rule 9J 5,
F.A.C.
Sec. 7.4 Membership.
There shall be seventeen (17) members of the planning
council, all of whom reside in Palm Beach County:
(a) Six (6) members shall be duly appointed by the
county conunission within ninety (90) days of the effec-
tive date of this article (January 1,1987). One (1)
appointee shall be a member of the board of county com-
missioners. Two (2) or more appointees may be members of
the board of county conwissi9ners, except that nothing
contained herein shall be construed to permit a majority
of the board of county conunissioners to be so appointed.
A minimum of four (4) appointees shall reside in the
unincorporated area of Palm Beach County.
(b) Nine (9) members shall be duly appointed by the Palm
Beach ~ounty Municipal League, Inc., in the following
manner: Three (3) members shall be appointed one (1)
from each of the three (3) most populated municipalities
in the county as determined by the most recent estimates
established pursuant to section 186.901, Florida Stat-
utes. Any--re-ap poin-t.1Iten't; - of- -b"tos-e -~rs - -i:f~i:1:-~ 1-1-y
appointed Upon the expiration of the term 2£ the creation
of any vacancy ~ described In Sec. 7.5 hereinbelow L ~
reappointment from the three (3) most populated munici-
palities shall be determined based upon the most recent
population estimates as established pursuant to section
1~6.901, Florida statutes. Appoint~ents or reappoint-
ments made pursuant to this section shall be made from
nominations received from the three (3) most populated
municipalities as described herein. The six (6) remain-
ing at-large appointments shall be made by the Palm Beach
County Municipal League, Inc. No more than one (1)
municipal appointee shall represent any single municipal-
ity.
(c) The Palm Beach County School Board shall appoint one
(1) of its members as a representative.
-2-
-
(d) 'I'he South FlorIda Water Management DIs"lrict shall
appoint one (1) representative.
(e) ^ll-appo-i-ntment-s--sha-l.-l- be- ra ti f ied-by -l"he- board-of
coun"tY-~'Omnti-s ~i oner-s--un-le-5s- -a -ma jori -ly--o{- -ëh'e- -bo-ard-of
county-commi~sioners-plus-one-tlt-rejects-the-eppointment
wi th-i-n--l'it"i-rty- f 3 0) - ~a-ys--af-te r- re~i~i-ng -notf ~ -Qf- -th e
appo-in-t'flI1!nt;- --Shou -ld-tm-1:!ppo-i-ntm en t- be- reie-ct:-ed -by -the
bOðr-d-~f--eount:y--comm fl!!ll!!li on-e1.'"g-,- -th e- -appo- in ti ng--en-t-i-ty
I!!Ih a-l-!--su-bmit:-ofi"ot-he-r -name--Í'"o-r -rð ti {-i~i-on - un-de-r- -all
po~itfo~-ðre-~~-r~d;- All appoin tments sh all become
effective with full voting rights immediately upon action
!?Y the appointing entity.
t f t- - -Shou·ld--an~-appoi-nt-i-rn¡-enti tY-l1ot--presenl--the- - board
of - eounty- ~i-ss-i -oners- -l-t-s--appo-i-n-tment--for - re ti f iee t ion
wi t.h-i-n--ni-ne-t-y-"t 9 e')--do-ys--o-~-t:h e-~f-f~iYe -dð,t-e--o{~ -t-n i~
artiele-tðanuary-i,-i9B1},-then,-in-that-event,-the-board
o£-eounty-eommf88ioner8-~-!-~~~-pol!!lltlon-purl!!luant
to- t.h~-re-qu-.l-r-emen ts-cf--t-h-i-s- -se-et- fo n.-- terd-.--No-.--o6-3-8 ï
See.-i¡-9-9-06t
Sec. 1.5 Vacancies.
Any appointing enl.l ty may remove and replace any of its
üppointees üL any lime 1>y 1\I11Jot:lly volo o£ thu l\1'I'P III I, IIHI "II I I C. \. .
Vacancies shall be filled by the appointing entity, w.i-th-ratifi-
eat-.1-on -by - t.he-boa-rd--of- -ecunt-y -eommi!ll!!l ioners -;' in accordance with
Section 1.4.
In the event ~appointments for-filling-a-vacaney are not
made EY the appointinq entity ~rl~~~~~1~-eounty-eommil!!ll!!lion
upon the expiration of a lerm, £f upon the creation of any other
vacancy, the planning council shall notify the appointing entity
that an appointment must be made within a sixty-day period from
the time of notification. The former appointee I!!Ihall may serve
until replaced at the option of the appointinq entity. If an
appointment is not made wi thin the sixty-day period, then the
planning council by majority vote of all its members shall make
such appointments in accordance with the criteria established in
this section.-and-~ubmH:.--l'item--for-ratifieation-;, 'l'he term of a
planning couñCil member shall become vacated immediately upon his
death, resi gnat ion, forfeiture of membership, or removal from
membership in any manner prescribed by law. Such vacancy shall
be filled in the manner described herein. (Ord. No. 86-30, Sec.
2, 9-9-86)
Sec. 1 .6. Terms of office.
Members shall be appointed for a term of three ( 3 ) years
after the initlal staggered appointments. The staggered appoint-
ments are as follows:
-3-
'I'he South Florida Water Management District member, two
(2) counly commissioner appointees, three (3) municipal
league appointees including one (1) of the three (3) most-
populated municipality appointees shall be appointed for
three (3) years. The school hocud member, two (2) county
commissioner appointees, and three (3) municipal league
appointees including one (1) of the three (3) most-popu-
lated municipality appointees shall be initially appointed
for, two (2) years. The remaining appointees shall ini-
tially serve one-year terms. (Ord. No. 06-30, Sec.
2,9-9-86)
Sec. 7.7. Administration.
. (a) The planning council shall employ an executive
director who shall hire such other administrative,' profes-
sional, expert and clerical assistants as are necessary to
carry out the duties authorized by this Charter and as
provided for in the planning council's adopted budget.
(b) 'l'he planning council shall adopt reasonable rules of
procedure to govern the conduct of its meetings and the
performance of its duties. (Ord. No. 86-30, Sec. 2, 9-9-
86)
Sec. 7.8. Preparation and adoption procedures.
t
Each local government in Palm Beach County shall, upon
request, furnish the planning council with its current adopted
comprehensive plan. The planning council shall then make a
composite of future land use elements and maps pian8 received and
shall analyze the composite future lanq use element and map plans
for potential interjurisdictional incompatibilities as defined
herein and shall so advise the af fected local government in
writing of its findings~--^li-ioeai-governments-tc-be-affeeted-by
potentiai-interjöri8dietionai-ineompatibiiities-a8-defined-herein
shð~:i-~-not-i-fi-ed-in writing by--the--p}-ètnni-~-eot1neil as to the
specific nature of, the potential interjurisdictional incompati-
bi Ii ti es . The af fected local governments shall be gi ven an
opportunity to respond in writing to the planning council regard-
ing the incompatiþilities, and the planning council shall consid-
er and. evaluate the merits of the responses. The planning coun-
cil shall then, hold public hearings on the composite future land
use elemen~ a~q ~~ ~}-an, noting to the public all potential
interjurisdictional incompùtilJilities iùenLifieù iu Lhe cUJllpuulLo
of the future land, use elements and maps plans received from the
local governments and the responses received from the affected
local governments. The planning council shall then prepare a
proposed countywide future land use element, pursuant to chapter
163, Florida Statutes, considering the potential interjurisdic-
tional i~compatibilities as identified
-4-
in the composite future land !!!..!element and map pI-en and the
comments received at the public hearings. The planing council,
in p1.'epa1.'in4 lhe CoUnl}'widtJ fulul'l' .lnnd lI~t) elcHh'''!., ~1h.... 1 be'
limited to the composite future land use element and map pI-en
identified above, and shall only modify that composite future
land use element and map plan when interjurisdlctlonal incompat-
ibilities as defined above exist. The proposed Countywide Future
Land Use Element may not contain qoals , objectives or pol ic ies
required for other elements under Rule 91-5, Florida Administra-
tive Code. The planning eouncil shûll provlde i\ draft of the
proposed countywide future land use element to each local yovern-
ment and request written comments. If the planning council
concurs with the local government, it shall modify the proposed
countywide future land use element accordingly. If the plannintj
council does not concur with the local government, it shall then
conduct public hearings on the proposed countywide future land
use element (lncludinq the map), shall conslùer t.:ulllmcllLu l:U-
ce i ved at the public hear ings, and shall then recommend for
adoption by the board of county commissioners a countywide future
land use element created in accordance with this Article of the
Palm Beach County Charter. pu-rsuant-4:0--chcpt.~-163ï--P-l~r1da
Statutes.
!! any policy adopts a level of serv ice or requ ires the
expenditure of funds to implement the policy, the Countywide
future land use element will not become effective until the
County's Capital Improvements Element has been revised to indi-
cate how the County will ~ for atta,ininq and maintaining the
adopted level of service 2£ fundin9 the implementation of the
. açiopted policy is adopted. Wi th \.he exception of levels of
service for non-municipal collector and arterial roads as speci-
fied in Charter Section 1. J (4), the County is specifically pre-
cluded from adopting any level of service !! the establishment of
that level of service is required ÈY Rule 9J-S in any other plan
element.
,
The board of county commissioners shall adopt the countywide
future land use element prepared by the planning council by a
majority vote of the entire commission. A majority of the board
of county commissioners plus one (1) shall be required to make
any amendment, addition or deletion to the countywide land use
element asreconunended by the planning council. The board of
county commissioners, in adopting the countywide land use ele..,
ment, shall not establish more intense land uses or higher densi-
ties than provided for by any local government's adopted land use
element without the express consent of the local government.
(Ord. No. 86-30, Sec; 2, 9-9-86)
Sec. 7.9. Effective date.
The countywide fut'ure land use element shall take effect
one (1) year from the da te of adoption by the board of county
conunissionersof the element and shall be the adopted future land
use
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·
element pursuant to chapter 163, Florida Statules, lor each local
government, unless the local government's adopted Future Land Use
Element plan has been certified by the planning council -as con-
sistent with the adopted countywide (uture land use element. If
any local government's adopted Future Land Use Elementplan is not
certified as consistent by the planning council, the countywide
future land use element shall prevãil. Where a local Future Land
Use Element hasp-l-a-n--has been certified, it shall serve as the
countywide land use element for that area.
In the event a future land use incompatibility has arisen
between two (2) or more local governments prior to the effective
date of this article VII (January I, 1987), and in the event that
such local governments are then currently litigating such incom-
patibilities, the planning council shall suspend a determination
regarding consistency of those matters in conflict between such
local governments until such conflict has been resolved by liti-
gation, and a final order entered" following final appeal.
Nothing contained herein shall prohibit any local government from
adopting more restrictive land uses than provided for by the
countywide future land use element. (Ord. No. 86-30, Sec. 2,
9-9-86)
No amendment to the adopted Countywide Future Land Use
Element shall become effective unti~the Capital Improvement
Element of the'Palm Beach County Comprehensive Plan is adopted 2.!:
amended to provide for funding.
If the County fails to fund any program identified in the
Capital Improvement Element necessary to attain an adopted level
of service or implement an adopted policy, the Countywide Future
Land Use Element shall no lonqer be effective within the munici-
palities until the program is fully funded as detailed in Palm
Beach County's adopted Capital Improvement Element or until the
Capital Improvement Element is amended.
Sec. 7.10. Evaluation and appraisal report.
Not more than once every two (2) years, the planning
council shall prepare an evaluation report of the adopted county-
wide future land use element pursuant to chapter 163, Florida
Statutes. The evaluation report shall identify the success and
failure of the countywide future land use element in resolving
interjurisdictional reYiewin9-~he-~8nd-~~I~~~~-ðrr-iceai
90Ye~~s-wi~h~~~-coun~T-~-notin9-~~-~tent~d~~~-C£
incompatibilities amonq local governments' land use planning
efforts. between-....,l-oca-1--goyernment~s--l1md--ug-e--piðns. fOrd. No.
86-30, Sec. 2, 9-9-86)
-6-
-- - - - ---
~~'. 7':- .,.:. c.~·"'"4...j"::~;.~~~~_."""",,.
·
Sec. 7.11. Review process.
'l'he adopted countywide future land use element shall be
transmitted to each local government. Within a period of time
specified by procedural ru Ie, each local government shall, if
necessary, propose modifications to its future land use element
and-related-elements to make it them consistent with the adopted
countywide land use element and transmi t the loca 1 land use
element, related elements and any proposed amendmen ts to the
planning council. 'I'he planning council shall review, within a
period of time specified by procedural ru Ie , submitted local
future land use elements, including proposed amendments, if any,
and determine whether or not they are consistent with the county-
wide land use element.
,
(a) If found to be cons is tent, the planning council
shall certify the local future land use element and
r~~ted-~~menéø. If the el emen ts as certif ied
included proposed amendments, the local government
shall adopt those amendments pursuant to chapter
163, Florida statutes. The local government shall
forward the adopted amendments to the planning
council within thirty (30) days of adoption. If the
adopted loca 1 amendmen ts are different from the
proposed amendments which formed the basis of the
cert if icat ion by the planning council, the loca 1
elements shall be resubmitted for certification.
(b) If found to be not con£istent, the planning council
shall identi fy inconsistencies and specify the
modifications to the loca I elements that o-re is
necessary to make it consistent. Upon being notY:
fied by the planing council that the local elements
are is not consistent with the countywide land use
element, the local government may then propose
amendmen ts lo the local elements and transmit the
proposed amendments to the planning council. The
planning council shall review the submitted local
future land use el emen t and--re-}ated-ti-entel't~ø and
proposed amendments within a period of time speci-
fied by procedural ru 1 e . Upon finding that the
proposed amendments to the local fu tu re land use
elements-are is consistent with. the countywide land
use element, the pI anni ng council shall certify
same. 'file local government shall adopt those amend-
ments pursuant to chapter 163, Fl or ida statutes.
The local government shall then forward the adopted
amendments to the planning council. If the adopted
local amendmen ts are different from the proposed
amendments which formed the basis for certification
by the planning council, the local elements shall be
resubmi t led for certif ication. If the 1'1 ê1U IIi mj
council finds that
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. ,
the local elements-are is still not con&istent with
the countywide land use--element, it shall identify
such inconsistencies and specify the modifications
to the local elements that are is necessary lo make
it consistenl. The provisions of this paragraph
shall apply lo al'l subsequent proposed amendments
transmitted to the planning council In response to
the incons is lenc ies iden ti fi ed and modi ficatlons
suggested by the planning council in earlier re-
views. (Ord. No. 86-30, Sec. 2, 9-9-86)
Sec. 7.12. Amendments.
Amendmen ts to the adopted countywide land use element
shall be initiated only by a local government or the planning
council. Any amendment' initiated by the planning council shall
be based on the evaluation and appraisal report. These amend-
ments shall be adopted by the board of county conunissioners in
the same manner as provided for in the original plan adoption.
All 'amendments initiated by a local government must be transmit-
ted to the board of county cOlnmissioners with a reconunendation by
the planning council. Any amendment proposed by a local govern-
ment that is not recommended for approval by the planning council
can only be approved by a majority of ,the board of county conunis-
sioners plus one ( 1) . (Ord. No. 86-30, Sec. 2, 9-9-86)
Sec. 7.13. Consistency requirement.
All other related elements of the loca 1 government's
comprehensiverplan shall be made consistent with the adopted
countywide land use element, and all developments undertaken by
and aII' actions taken in regard to development orders. by govern-
mental agencies shall be consistent with the adopted countywide
land use element. (Ord. No. 86-30, Sec. 2, 9-9-86)
Sec. 7.14. Planning council as local planning agency.
The planning council shall be designated the local plan-
ning agency pursuant to chapter 163, Florida Statutes, for all
local governments within Palm Beach County only for the purposes
of preparation of the Countywide Future Land Use Element and
amendments thereto and the preparation of the Evaluation and
Appraisal Report pursuant to Section 7.10 herein. expressed-within
t:-h!s-artic:!e7' Further, this section shall not become effective
until the Board of County Conunissioners has adopted the planning
counci -i - -has- -prepared- -it '='proposed countywide future land use ele-
ment in accordance with section 7.8. The Planninq Council shall
have no authority, whatsoever, over, local qovernments' ~
development requlations. (Ord. No. 86-30, Sec. 2, 9-9-86)
.
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'. .
~ . '
Sec. 7.15. Funding.
The planning council shall annually adopt a budget.and I
submit it to the board of commissioners. The board of county
commissioners shall provide the funds requested by the planning
council unless' a majority of the board plus one (1) rejects or
modifies the proposed budget. 'l'he county shall fund the planning
council each year in an amount reasonably sufficient to permit
the planning council to accomplish is responsibili ties. (Ord.
No. 86-30, Sec. 2, 9-9-86)
Sec. 7.16. Contracts, gifts and grants.
The planning Council may enter into contracts, perform
studies and may accept gifts, grants, and/or assistance from·
federal, state or local governmental units or agencies for the:
conduct of its work and the realization of its objectives, pro-·
vided that no condition or limitation be attached, nor any con-.
flict be generated inconsistent with its duties under this arti-
cle. (Ord. No. 86-30, Sec. 2, 9-9-86)
Sec. 7.17. Legal rights.
,
If a person, firm or corporation has, by actions in'
reliance on prior regulations, obtained vested or other legal'
rights that in law would have prevented a local government from
changing those regulations in a wa}p adverse to interests, then
nothing in this Charter au thor izes any governmental agency to·
abridge those rights. Nothing in this section author izes any
governmental agency to adopt a rule or regulation or issue any
order that is contrary to law i8-1mduiy--rest:-ri-ct±'Ve--or-coneti-
t u tee - a- t.aJd. n9- cr--propert.-y- wi-t-h~ ..the- -peytnes1't- ~f- -full- compene a-
tion¡-in-Yiolation-of-the-eonetit~tion-of-the-State-of-Florida-or'
of-the-\:1nited-~tatee. (Ord. No. 86-30, Sec. 2, 9-9-06)
Sec. 7.18. Prevalence over municipal ordinances. )
The countywide land use element ordinance adopted by the
board of county commissioners pursuant to chapter 163, Florida
Statutes, and this article shall prevail over municipal land us~
el emen t ordi nances as--pr-oY!ded-fo-r--±n-""'ð"rt:leie-~ï-~ion-3-of
thl!t -eh.arter. The- intent of this article is to provide county-'
wide uniformity which will best further the interestsed of the:
ci tizens of Palm Beach County. This article shall permit regula....
tory pre-emption but shall never be interpreted by the planninq
councilor the board of county con~issioners as a transf~r of
functions of powers relating to munic.i,pal services. (Ord. No.:
86-30, Sec. 2,9-9-86)
i
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1<
é1v1
[ITY OF DELRAY BEA[H
100 NW, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243,7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: (/jf) Robert A. Barcinski, Assistant City Manager/
Administrative Services
SUBJECT: Agenda Item =It City Commission Workshop June 4, 1991
Presentation - Golf Course Master Plan
DATE: May 31, 1991
Per Commission direction Mr. Dubin has retained the services of
Environmental Design Group Team (Golf Course Architect, Carl Litten,
and Landscape Architect, Frank Meroney) to complete a Master Plan for
the Golf Course. The Plan addresses short range and long range
capital improvements. The Plan elements, priorities, and cost
estimates will be presented to the Commission on Tuesday night. Work
on fairway renovation is scheduled to begin July 1, 1991. We
anticipate that some of the short range capital improvement
recommendations will affect the fairway renovation project.
Commission will be requested to provide staff direction concerning the
short range capital improvement recommendations. Detail back up is
not now available, but will be presented at the meeting.
Mr. Dubin will also be requesting to expand the agreement with
Environmental Design Group to complete detail specifications for the
short range and long range improvements.
RAB : kwg
THE EFFORT ALWAYS MATTERS w:11
-
.
CITY COMMISSION WORK SESSION DOCUMENTATION
SUBJECT: STATUS REPORT RE CBD-GAE APPLICATION
MEETING DATE: JUNE 4, 1991 DIRECTOR OF PLANNING ~
PREPARED BY: DAVID J. KOVACS,
BACKGROUND:
The City Commission is the agency which is to make formal
application for a Geographic Area of Exception (GAE) to the
Countywide Planning Council. Our CBD-GAE application is being
prepared under the auspices of the Community Redevelopment Agency
( CRA) .
On Monday evening, June 3rd, the Planning and Zoning Board and
the CRA, meeting in joint special session, will have a
presentation of the application. The application is in a format
prescribed by the Planning Council. The substantive portions of
the application include:
* A description of "The Village Center", the proposed
development scenario for the downtown area;
* Projected deficiencies in the roadway network, the
amount of the deficiencies in terms of reduced level of
service ( LOS) , a rationale as to why widening of the
roadways is not appropriate, and the requested LOS (by
volume of daily trips).
The draft application will be distributed to Planning and Zoning
Board and CRA members on Friday, May 31st.
Because of delays at the County ( MPO) , the Test II rvIodel is not
yet available. Thus, the traffic assessments \vhich have been
done up to now represent only 65% of the potential new
development*. The time frame for this Test I work, is 1996.
* "New development" in context of the GAE means additional
floor area or conversion from residential to commercial use.
The reuse of structures or demolition and rebuilding to
previous intensity is not considered "new".
DIRECTION:
At the City Commission work session, the Director of Planning
will report on what occurred at the Monday evening meeting. If
any direction is needed, it will be sought at that time.
Otherwise the application will be before the City Commission for
action on June 11th.
Attachments: U'6J ~
* P&Z I CRA Agenda for June 3rd
* G.A.E. location map
. . _ III
, Location Map
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Delray Beach Downtown Core
Geographic Area Of Exception
from the Countywide Traffic Performance Standards
June 1991
~ ---:L ~
~
Consultants
Urban Design Studio
David Plummer & Assoc.
-
.
AGENDA
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
Meeting Date: June 3, 1991
Type of Meeting: Special Meeting
Location: City Commission Chambers
Time: 6:15 P.M.
If a person decides to,appeal any decision made by the Planning and
Zoning Board 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. Such record includes the
testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
I. CALL TO ORDER
II. ITEMS OF SPECIAL BUSINESS
A. Site Plan for Palm Cove (aka Delray Bay Apartments), south
of Linton Boulevard between Crosswinds and Spanish Wells.
B. Joint review with the CRA on the selected CBD Development
Plan and GAE Application.
Presentation Format
1. Background and Review David Kovacs
2. The Proposed CBD Development Scenario
"The Village Center" Hank'Skokowski
.3. Impacted Roadways Kahart Pinder
4. Questions and Discussion
.
. P&Z Special Meeting - Agenda
June 3, 1991
Page 2
Action Consideration:
Forwarding the G.A.E. Application to the City Commission
with a recommendation that it be submitted to the
Countywide Planning Council based upon findings that the
The Village Center concept is representative of the
desired development scenario for the downtown area and
that the requested decreases in previously adopted levels
of roadway service are reasonable and necessary in order
to obtain downtown development which is consistent with
Objective C-4 of the Land Use Element of the City's
adopted Comprehensive Plan.
III. ADJOURN
----..........
/'
Posted on: May 28, 1991 \ '- \. ) C\cl.J, \ 1t )~~
-~---Dà\rid J. Kovãcs, Direc or
.
.
Delray Beach Downtown Core
Geographic Area Of Exception
from the Countywide Traffic Performance Standards
June 1991
Consultants
Urban Design Studio
David Plummer & Assoc.
CONTENTS
1. DESCRIPTIONS
2. MAPS
3. AREAWIDE TRAFFIC EVALUATION
4. AL TERNA TIVE DEVELOPMENT OPTIONS
5. PUBLIC BENEFITS
6. ECONOMIC ANALYSIS / MARKET STUDY
7. OTHER INFORMATION
8. APPENDICES
.
.
1. DESCRIPI'IONS
1.a) Boundary
loa) i. List the streets that border the area:
For planning purposes, the City of Delray Beach has
included all land zoned Central Business District (CBD)
which includes land to the east of the Intracoastal waterway
in their study of future development of this area. This
overall study area is referred to as the Planning Area (PA).
The following streets border the Planning Area (PA):
. Northern Boundarv: N.E. 4th Street/Lake Ida Road
Southern Boundarv: S.E. 3rd Street and S.E. 2nd Street
Eastern Boundary: Ih block east of N.E,/S.E. 6th Ave,
except for the area generally one block either side of Atlantic
Avenue where the eastern boundary is A-I-A.
Western Boundarv: N.W,/S.W. 1st Avenue
It is the City's understanding. however. that Ordinance 90-
40. the 1990 Countywide Traffic Performance Standards
Ordinance (TPSO). Article XV, Section 2.B., specifically
excludes barrier islands from being included in an
application for a GAE. The portion of the PA which should
be considered as the official GAE application boundaries is
bordered by the following streets:
Northern Boundary: N.E. 4th Street/Lake Ida Road
Southern Boundary: S.E. 3rd Street and S.E. 2nd Street
Eastern Boundary: Ih block east of N.E./S.E. 6th Ave,
except for the area generally one block either side of Atlantic
Avenue where the eastern boundary is the Intracoastal
Waterway.
Western Boundarv: N.W,/S.W. 1st Avenue
1.a) U. State the size of the area in acres.
Planning Area (PA): 260 Acres
GAE Application Area (GAE): 235 Acres
Delray Beach GAE 1
.
.
l.b) Proposed Leyel of Service
l.b) 1. List the road links and major intersections that are
projected to operàte at a lower Level of Service than the
adopted Level of Service. '
The following roadway links and major intersections are
projected to operate at a lower level of service than the
adopted level of service.
Roadway Links
Lake Ida Road Swinton Ave to NE 2nd Ave
Swinton Avenue NE 8th Street to Lake Ida Road
Swinton Ayenue SE 1st Street toSW lOth Street
Seacrest Blvd SW 23rd Avenue to NE 8th St
Federal Highway SE lOth Street to Linton Blvd
A-1-A Atlantic Avenue to Unton Blvd
The above roadway links are those where net new GAE
traffic is equal to or greater than 1.0 percent of the Level of
Service "D" service volume.
Major Intersection
Atlantic Avenue and Swinton Avenue
l.b) 11. Include the proposed LOS standard for each of the
roadways and intersections for the purpose of Test One
and Test Two:
. The proposed Level of Service standards for the purpose of
Test One are shown below:
Proposed Level of
Roadway Links Service Standard
Lake Ida Rd Swinton Ave to NE 2nd Ave 1.02 LOS D
Swinton Ave NE 8th St to Lake Ida Rd 1.13 LOS D
Swinton Ave SE 1st St to SW lOth St 1.03 LOS D
Seacrest Blvd SW 23rd Ave to NE 8th St 1.20 LOS D
Federal Hwy SE lOth St to Unton Blvd 1.04 LOS D
A-1-A Atlantic Ave to Unton Blvd 1.02 LOS D
The proposed Level of Service standards for Test Two are to
be provided.
Major Intersection
Atlantic Avenue and Swinton Avenue 1.1 LOS D
Delray Beach GAE 2
.
.
l.b) Proposed Level of Service
l.b) W. List the roads that are or wiD be constrained (built to
the ultimate cross section as determined by the 2010
Interim Transportation System Model Plan)
The following roadway links are or will be constrained.
Swinton Ave NE 8th Street to Lake Ida Road
Seacrest Blvd SW 23rd Avenue to NE 8th Street
A-I-A Atlantic Avenue to Unton Boulevard
Linton Boulévard 1-95 to Germantown Road
l.c) Ensting Land Use
l.c) 1. Describe the extent of development in the area, including
the amount of undeveloped land in the area, and the size
of the various undeveloped parcels in the area. Be
speciftc about the size of the area, in acres, and the size
of the individual and contiguous parcels.
The "Land Use: Existing and Proposed" Exhibit # 1-1
describes, by TAZ Sub Area, the amount of floor area for:
Commercial, Office, Industrial, Warehouse and "Other" land
uses, the number of units for Hotels, Single Family and
Multi-Family and the acreage of vacant land. A TAZ Sub
Area location map Exhibit # 1-2 follows
The total non-residential building floor area for downtown
Delray Beach is 2.1 million square feet (PA) and 1.9 million
square feet (GAE) of which almost exactly one-half (1.0
million sq. ft. (PA) and 0.9 million sq. ft. (GAE) is for
"commercial" uses. "Office" uses are the second largest
category with approximately 650,000 sq. feet (PA), 586,000
sq. ft. (GAE) followed by "Industrial/Warehouse" uses at
approximately 270,000 square feet (PA & GAE).
Delray Beach GAE 3
.
.
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l.e) Eziltlng Land Ule
The total acreage of the downtown Is 260 acres (PA), 235
acres (GAE). The 'total amount of undeveloped acreage Is
only 17.1 acres (PA), 15.2 acres (GAE). Vacant parcel sizes
range from 1.82 acres Oargest) to .05 acres (smallest). The
average size of the vacant parcels Is .6 acres.
The "Existing" Land Use Inventory" Exhibit # 1-2 provides
land acreage.
Exhibit 1-3
Ezisttng Land Use Inventory (in acres)
Planning Area (PA) Geographic Area of Exception (GAE)
Land Area (ac) % Land Area (ac) 0/0
Commercial 64 25 57 24
Office 39 15 36 15
Industrial 8 3 8 3
Warehouse 9 3 9 4
Hotel 7 3 3 1
Slngle- Family 25 10 25 11
Multi-Family 19 7 17 7
Other 14 5 13 6
Vacant 17 6 15 6
Road Right-of-Way 51 20 45 20
Railroad Right-of-Way 7 3 7 3
TOTAL . 260 ac 100 % 235 ac 100 %
Note: With the exception of single-family units, all existing land uses can be
found In mixed-use as well as single-use bu1ldlngs. The land areas have
therefore often been Interpolated to approximate the relative allocation of land
area to each land use.
Delray Beach GAE 6
.
.
l.c) Ezisting Land Use
l.c) 11. Describe the age and condition of ezisting development
. within the proposed GAB. Discuss both ezisting
conditions and recent trends about how much of the
area I. blighted and vacancy rate of ezisting buildings by
land use type.
The age and condition of existing development within the
proposed OAE is wide ranging.
Downtown Delray Beach was originally platted as the 'Town
of Linton" in 1896. establishing it as one of the oldest
communities in South Florida. Some of the oldest buildings
in the County still remain including. Delray Elementary
(1905) now part of the Old School Square Cultural Center,
the Cathcart Building (1912). the Arcade Tap Room (1923)
and the Colony Hotel (1926). While downtown Delray Beach
has developed over the past 90 years into a community
retail and service center, only one significant project has
been constructed in the last 10 years, the Atlantic Plaza
Commercial Center.
The vacancy rate of existing buildings has not been serious.
though several buildings have remained vacant for a number
of years, the longest being the old Winn-Dixie building (with
approximately 23.000 square feet). The above mentioned
Atlantic Plaza project, with 80,000 square feet. has a typical
occupancy rate of only 6ook. The aging character of the
downtown combined with a number of vacancies currently
suggests a stagnant condition for the OAE area.
Information on vacancies has been gathered from several
studies previously prepared for the City of Delray Beach. A
1987 "Retail Trade Study" prepared by Edward Mitnick noted
that the occupancy rate for commercial in the CBD and E.
Atlantic Ave area was 90 - 95%. Problem spots. however,
were noted as follows:
1) Higher vacancies and a very weak retail function
between the FEC railroad and Swinton Ave;
, 2) underutilization of second floor areas above retail
stores; and
3) a weak retail function north and south of Atlantic
Avenue on northeast and southeast First Streets.
DelrayBeach ~ 7
·
l.c) Ezlsttng Land Ule
Another report prepared by Laventhal & Horwath in 1989
entitled" Economic and Fiscal Impacts for a Proposed
Department Store in Downtown Delray Beach, Florida" cites
downtown commercial occupancy rates as slightly lower at
85 - 90%, noting that Delray Beach has experienced a loss
of demand for its retail space to suburban shopping centers
and regional malls. This has lead to a deterioration of retail
rental rates and occupancy since the 1987 study.
In 1986. a report entitled "Economic Development Trends
and Market Opportunities" by Economic Research Associates
(ERA) noted that the professional office occupancy rate was
80% with vacancies highest in older buildings.
The 1989 Laveñthal & Horwath report also references office
development in the downtown, specifically citing the Atlantic
Plaza project which was then only 400h occupied. The
continuing vacancies at the Atlantic Plaza project is indicative
of the slow absorption of office space at this time.
The 1986 ERA report noted that Hotel occupancies were at
90% from November to April and 55-600h during the off
season. Hotel patronage was estimated as 60% business
traveler and 40% tourists.
The industrial and warehouse development in the area
appears to have a high occupancy and based on field
observations during the land use inventory can be assumed
to be about 90%.
In 1985, the City adopted Resolution 32-85 which recognized
that there was a need for rehabilitation, conservation and
redevelopment in order to rectify a state of decline which was
occurring. The City therefore created the Community
Redevelopment Agency which is charged with the
responsibility of community redevelopment as defined in
Chapter 163, F.S., Part III. (Note: It is the CRA which
contracted for the preparation of the GAE Application.)
DelrayBeach GAE 8
.
.
l.e) Ezist1ng Land Use
Since 1985. the City of Delray Beach has initiated and
undertaken an aggressive code enforcement effort in the
area and has expended considerable funds on infrastructure
improvements and beautlßcation efforts, including over 2
million dollars alone for the Atlantic Avenue Streetscape
Beautlßcation. Additionally. the City has committed over 21
million dollars to public improvements. currently under way,
through its "Decade of Excellence" bond program. Of these
improvements, over 5 million dollars have been allocated
within the area, including:
- The AlleywC:\y reconstruction Program - $1,000,000
- Pineapple Grove - redevelopment seed fund - $500.000
- Atlantic Avenue Beautlßcation east of Intracoastal -
$1.000.000
- Old School Square improvements - $2,100,000
- Swinton Avenue Streetscape (Portion thereof)- $500.000
- S.E. 1st Street drainage improvements - approximately
$200.000
- Veterans Park renovation - $ 500,000
With a code enforcement effort well underway and a clear
commitment of public monies for improvements. the stage is
set for the next step. private redevelopment. With the
approval of the GAE. a final major obstacle to private
redevelopment will be removed.
Delray Beach GAE 9
·
I.c) Ezisting Land Use
I.c) W. List the area (in 1,000 square feet) of space by the
foUowlng ezisting land use types.
Existlnll Land Use Soace Un 1.000 so.ft.)
PA GAE
a. Commercial (retan It service): 1,018 895
b. Oftlce: 654 586
c. Residential (dweUing units): 439 du's 409 du's
d. Other (specify)
Hotel/Motel: 381 units 127 units
Industrial: 89 89
Warehouse: 182 182
Other: 121 118
I.c) Iv. Describe the ezisting downtown urban character of the
proposed GAE with regard to the foUowlng:
a. Street Pattern:
A north-south/east-west grid street pattern has been
established for nearly the entire downtown area. The
rectangular blocks are approximately 300' in the east-
west direction and 600' in the north-south direction.
Atlantic Avenue bisects the downtown GAE area in an
east-west direction and provides a bridge crossing of
the Intracoastal Waterway. This avenue,. therefore,
serves as the primary traffic spine linking the coastal
area and beaches on the east to 1-95 on the west.
Along the northern GAE boundary 4th Street/Lake Ida
Road also serves as another significant through east-
west street.
Delray Beach GAE 10
.
.
l.c) Existing Land Use
The other east-west streets (except N.E. 3rd S1.) all
cross the FEC Ra1lroad tracks which run through the
GAE in a north-northeast, south-southwest direction.
While the frequent at-grade street crossings of the
tracks minimize the barrier affect of the railroad line,
the slightly diagonal orientation of the line has resulted
in an interruption of an otherwise perfect street grid
system. All of the blocks along the tracks are slightly
irregular with a couple of the blocks almost triangular
in shape.
The . railroad line disrupts the. north-south street
pattern more significantly and there are no north-
south railroad crossings. The only continuous north-
south streets through the GAE area are Swinton, N.E.
First Avenue and the one-way pair U.S.-l route.
East of the Intracoastal Waterway, .the grid system
tends to become more irregular. Atlantic Avenue
continues as the only through east-west street, and
Ocean Boulevard (A-I-A), paralleling the beach, is the
only continuous north-south street.
l.c) Iv
b. Front Be Sldeyard Setbacks:
The shops and offices along Atlantic Avenue (and to a
somewhat lesser extent, along all other streets) tend
to be located immediately adjacent to the street right-
of-way. There are no sldeyard building setbacks except
in the occasional instance where a narrow pedestrian
link is provided to the rear parking areas. This "tight"
building pattern is also apparent along N .E. 2nd
Avenue, Ocean Boulevard and portions of Federal
Highway where buildings and strip centers directly abut
each other.
Delray Beach GAE 11
.
l.c) Existing Land Use
Front and Sideyard setback requirements vaiy within
the GAE area. The current Delray Beach Land
Development Regulations designate two zoning districts
within the GAE. Setbacks within the "Old School
Square Historic Arts Distrtct (OSSHAD)," located in the
western portion of the GAE, are: Front-25', Side Street-
15' and Side Interior-7.5. Setbacks within the "Central
Business District (CBD)" vary by location. Within the
area encompassed by the boundaries of the DDA
(gener8lly Swinton Avenue in the east, the Intracoastal
waterway on the west, N.E. 1st street on the north and
S.E. 1st Street on the South), there are no required
front or sideyard setbacks. There are . required
setbacks within the remainder of the CBD: Front-10'
and Side-10'; however, outside displays are pennitted
by retail uses and awnings and courtyard entrances
are pennitted and encouraged.
l.c) iv.
c. Pedestrian Orientation and Amenities:
The eight blocks of the recently completed extensive
streetscape beautlftcation program along Atlantic
Avenue, between Swinton Avenue and the Intracoastal
highlights the pedestrian orientation of the downtown
GAE.
The widened sidewalks, coordinated hardscape
elements, such as, lighting, benches and trash
receptacles; specially paved sidewalks and street
crosswalks and the street tree and landscape program
make this stretch of Atlantic Avenue one of the two or
three most successful downtown pedestrian corridors
. in the County.
,The recent addition of street banners proclaiming
"Stroll An Original" symbolize the pedestrian focus of
this area. This pedestrian orientation also extends
east of the Intracoastal on Atlantic Avenue and along
Ocean Boulevard as well. A photocopy of a promotional
pamphlet of Atlantic Avenue is provided on thè
following pages.
Delray Beach GAE 12
-
, ~ . 1
DELRAV BEACH
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A1VTlQUES ,UtD ART Stroll an Original I1WTERIOR DESIG~EltS .
COlla (C: Door Atlantic Avenue - Delray Beach, Florida ,~~D DECOR,\TOR SUPI"LlES
l}<111I\' G.IJertes Virgfn. CounenllY' lntcriora
Galleria Alexander ~O~ t ~t Healy tnlerton .
Arthur Junes Galleries ~.[1era Melba
Lawrence Galleries -' "~(.~À.-~ :..\.."j"....~~ Mimi Hutdtineon ldtenon
.~~~;:: 1~'a~il~'" ·~';'\.AN\IC ,......:.'õ:Ä/\I _ __ Roy HdDz In'_ Design
Shoron Lucas De....
Sih-cr Clõud Antiques ST^TE. ~D AlA Palm Beach SIlks
Stained Glass Arts and Supplies ~~~'f~R~ NG .c.L. Tuttle Intcrton
BOOKSTORES A~D Walker" Û\"Cr Intcrion
~EWSSTANDS [& 5AUN~AYE LAND~I.~RKS. PARKS.
Chri!óUan Sc1ence Reading Room PUBLIC FACILITIES
·Christian Supply Center §=~~'f~mcrce
· Dclray XCW! and TobIcco
-I (ancr~ Office: Supph' ~ tW Oclrav Beach Ubnln"
Ph.vllis' nook Din . 'Old SChool Square '
CONSIGN~IENr SIIOPS \clcrana Park
Anna'" AllIc Worthing PIIrk
HClheMla BarRllin Dox LIQUORS
Bonnlc'" DcmralOl' SUrplUK ',¡ Colony 1.Jquors
Cal"_!')' Dible ~tl!ósl()n ! ~;j ,,'I. ,'_ _,_ PERSONAL 5. UE,U'TY
Decota (-.LEASON 51"REE r
Great I ntCJ1of'8 ConKtgnmc:n[ 5E~ ~ a~- SERVICES
5/DE.of. .
Secund Time Anlund , Artistic Beauty Salon
The C.....lgnment Shoppc ~ Bladu Hair 1X"¡gn
The Tumll\'Cr 51)(1" C «&'~ ;, nud'", narher ShUI)
lìM (iood In be Threw Co!òmctk:~ ln' Anne C. Willi,.
.¡ Gc()r~'~ Sht~ W:cpuir
CItAFI'S œ" (julfstreum Clcum.:rs
Dull I Iou!1.C Corncr UaK, Hair, Hare
PCndOI)(;''!> Bread!'> and ntrealls Ilalnee
Quilter'!!> Marketplace f' . Image~ Hair Design
DOCTORS. DENrlSTS. - ... PARI'I~ J &. M Haircuuen
VETERI~ARI,~NS Kazuko Dress Design
" .:.-... Ken's narber Shop
Ascot Vctcrinal'\' Clinic ',_u ......;t.:.. Mario',. Coiffurr~
Atlantic ~fcdlc.J Cenler ~~ Merlc N.annan C()smetlc~
Mucke\' & Filkcr, DDS \......,"'¡-l:h\,...,-~ Patio of Beautv
·Oucwrs Shoaf, Carler andJ.coby Piøa. Del..y Ikauty Salon
FASIIION & ,~CCESSORIES Rex's Hairslylb1g
Salon 777 East
ASlerf'lk Sport'lwear Trudy &. ~t'$ Beauty Salon
DouUquc Diana Village Coiffures
· France!lt ßrew!\tcr Wa\..: Hair Salon
Ca~ Chic Wiia.,clc.
·Rulh ChaW'oll
CIK:unut (:jlllcctlun PII,~R~IACIES
-Cfmnyard Uoutique - Delr..y Drugs
lJI. CousJnJ40 -Huber's Drup
Cricket Shop .Lo\-e Druga
Dock Square Clothiers I"RO,,'ESSION,~L SElt\"lCES
l)ulphln Spur1!iWear
East Colt.!n r~ BrcnJWI Mortga~ Brokcra
Frnnt Cowr Fashions
HiM Gcnpanll .~CCOl·;\·I"o\STS
· A. George & Son H& R ß1uc1l.
l'andba" lJouClqoc Smith. Ilcilla ud G~
·Oclllurd and Co. J''rTOR~ETS
11\' Ma IIv Pa ~1t&Thj..11e
'Js1and Treasure", W Robert Felk....
.Iß:. Boutique ~ . U.udr and KIIIIJ
M¡;MUJan. Stanle. and Purdo
Jat.-Y'!' RouOque JOftU, F04II~r, Johnat.OII 6. Stubb.
·Jcannie'~ (If Dctray . N<JWlln &: NI_lm
Kcv West FIIIshlon8 Spinner, [)I'lIMn. Pcòcnpctl fit Dawbn,
KI.)1cr!'nfDclI'IIY II. CaNedy Swnrall
Litt Ie Fulh ';VSI'R.~;Vt"t:
Onlnl'C" Marie'!-\. Rnutiquc AtL-nlh: In.unuR·C [J~k:r'WTth:'"
·/Iotark. Fore & Strike ·r,.f1K"c..n.....lr.rrlmil·tItIk'C'
· ~ferccr Wenzel Robert C. ROW' Gatc,"" InMUWJI.'C
· Mcn:er Wenzel Beach Store Slate No Faùlt IntlUllUÌcc
Montilla Boutique HU'¥CY L Brown AIJCf'CY
Mr. M'M ;\leœU'e&C HE,U EST.~TE
Park Place Allmon &: Tkman
i':~~t~I~~:cction ·Ata.tllk P1.za/Sbnoo EnterprtllC.
.,4·Uuftnell Realty
Ellen Ruth (-k-I...,. ÐcllCh 80ud (I( Rultun
· Seagull Shop -g:.te~~t:.::' Whut, Inc.
Snappy Turtle of Kennebunkpon.
·The Trouser Shop ... WI Uam F. Koch. Jr.
'" LillldkJd ami A.IIOC~teø
FlN,~NCL\L INSTITUTIONS ~ Huhy World-King
· "amelt Bank '" &tld SumOOI Realt,.. Inc,
California Federal - ItEST,~URANI'S
Carten:t Bank '" ,~~D LOU~GES
Flr!!t Federal or the ~Im Bead1CS Z Applauac
Midlanlle Bank
· Sun Bank Boston's on the Beach
?~ 4T"1OAVE ~ Bridge R'C8(8Utal1t
FOOD STORES ~ i Ciao Sidewalk Cafe
· Neal Farms Market · D &: B Flshworka
~ Dock8ldc
· NUlritlon Cottage 6 Elysoee
FLORISTS Emy's
·Bk>tr.l!IOm!'o,etc. ~ · Food Flc:ata
·Co,.lIn'" FJo\\'cra Gourmet Burge1'1Mlster
DeII'1ll)' Beacn Flori!!1 'The Gourmel Shoppe
Dclf'lllY Pint!! and F1OM:n Green Owt
Ice Cram Club
011.Uo..... F10wers Incn:dlblc Edible.
PoIm IIea:h Sw.. 1!!1and Pt.ua
FURNITURE AND Ken & Hucr.. Restaurant
APPLIANCES Roberto'.
·Cnatgc'. FumllUft: -'Interton Riatoranlc Luoa.
JoaQ MatUs'
.R<.:r.1im:.ds= Sgt, Ptppcra Ice Crum and Salad.
PhocniJI:
· Leather funrltwc Gallery · POW'!'l. 1.oungc
GIFI'S ~ Cafe Roma
A Banel of Laugh.. t Spinnlllcenl
EmlM:rol' I'cnauln - PNi (rtfGo Søndwk:hcM hy (Ix: Sea
·~~H.~~':rkllon. Vlltortoe
STATlON,~RT
Indian Rh-cr Fruit AND PRINrlNG
)IeJet' Leman ~ .~¡J:If,"f.~ Cenler
Mole Ilok
PIUIIIdle 01__ Shnppe &. Gitto
Patchwork Place · Printing Ptutl
"Kobert'!,! Gins SIIOES
The T",III. Shop · Vince Canning ShoC&
Wltlllarta South Hoxie'. Shoea
IIOME IMPROVEMENTS Kempe Shoe Solon
,~ND BUILDING MATERIALS SPORnNG GOODS
·N.:e (lamwat'C Rlchwa~'s Bicycle Shop
· Art Cobb Flooring J î \ Sal'" Sport Shop,
DeLtay Rug Co.
Ocean City Lumber and Hardware TIL~VEL SEltVICE
IIOTELS Red Carpel TnIW'l
·Camlno Reall10Udav Inn ~ :.1o".,¡INtON A'Æ I.... T..... Shop
Cola",' Hotel . 'I~SCELLANEOUS
Spantãh Rhu Rcsorl Delnoy O1evron
JEWELERS J 'crtz Rcnl A Car
Carter'!, Jewelers VFW Pool .141
Delrav JcwelCOl ATLANrlC AVENUE ,~SSOCIATlON
Gold'Ñ 110m MEMBERSOFFTIIEAVE~UE
·Klentz..' Jewelers
Slight tndulgcn« . Debv Buch Ncwa ·PlaltrtdRc Insurance
· J.B. Stnlth &. Son Jewelen . Dclray Camera Shop . Slate Farm Inaurancc ·Atu.ntk Avenue A.IIOCYllkJn Membeno
·Pabn Bach foat &.1ìmca ·South Florid.. NcwsP8pcr Network
·
l.e) Ezlsttng Land Vie
In addition to on-street parking fostering pedestrian
traffic along the sidewalks. many of the businesses
provide awnings or canopies over the sidewalks creating
additional shade and inviting window-shopping. even
after hours. A continuous sidewalk system extends
along the entirety of almost every other street in the
GAE area and provides the opportunities for people to
walk from nearby neighborhoods to the downtown area.
l.e) Iv.
d. Scale, mas., and height of buildings:
With the exception of a few mid-rise buildings.
including the HoUday- Inn on Ocean Boulevard. the
office Tower in Atlantic Plaza. and the Colony Hotel,
most of the buildings within the Planning Area are
one or two stories in height. The tight massing of
structures particularly along Atlantic Avenue. Ocean
Boulevard and sections of N.E. 2nd Avenue. create a
soUd continuous facade of buildings typically associated
with older downtown areas. The architectural styles
are diverse. reflecting a downtown area that evolved
over decades. The diverse character of the downtown
seems honest and real contrasted to the master
designed fully architecturally coordinated "new"
downtowns. The wide mix of businesses further
reflects this diversity.
From drug stores to designer wear. souvenir shops,
furniture stores and water-view restaurants. the
downtown area reflects a wide cultural diversity of
interests. The overall scale of the area is that of a
small to medium sized downtown area.
Delray Beach GAE 13
-
.
l.e) E:dsttng Land Use
l.e) Iv.
e. Parking facWties:
As with most true historic downtowns, street parking
played the most important early role in providing
convenient customer access. The City of Delray Beach
Community Redevelopment Plan Traffic Circulation
and Parking Element prepared in 1986 noted
approximately 500 on-street parking spaces in the
"downtown area". The "downtown area" included those
areas generally between N.E. and S.E. 2nd Streets
from the Intracoastal to East 1st Avenue and extended
north to 4th Street between 1st and 3rd Avenues,
together with the beach area extending approximately
one block north and south.
When the previously mentioned Atlantic Avenue
streetscape improvements were planned, the critical
importance of street parking was understood, and the
parking was retained to the greatest extent feasible.
The designation of the one-way pair by-passes of N.E.
and S.E. 1st Streets is an attempt to accommodate
thru traffic around this retail core, while preserving
the parking on, and character of, Atlantic Avenue.
While on-street parking has historically and
symbolically served downtown DelrayBeach well, off-
street parking lots have been constructed to serve the
additional parking needs of shoppers and employees
in this area. A total of 4,032 off-street parking spaces
was noted in the 1986 study of the downtown area.
Approximately 480 of these spaces are located in city-
owned parking lots.
The Delray Beach Master Parking Plan prepared in
1989, limited to the 25 bloçk "Atlantic Avenue Core"
of the downtown, noted a total of 4,388 parking
spaces. (This "core" was bordered by N.E. 1st Street
to the north, S.E. 1st Street to the south, A-I-A to the
east and Swinton Avenue to the west). A computer
model of parking requirements revealed a surplus of
approximately 175 spaces to the west of the
Intracoastal and a deficiency of 55 spaces to the east
of the Intracoastal. The deficiency to the east was
mostly in conjunction with Beach parking demands.
Delray Beach GAE 14
·
l.c) Eztltlnl Land Ule
Currently there are no parking garages west of the
Intracoasta1~ though one had been considered in
conjunction with the possible construction of a junior
department store along Federal Highway near Atlantic
Avenue. Also, the original CRA Redevelopment Plan
suggested the need for one or more garages along the
Atlantic Avenue corridor.
l.c) tv.
f. Hlltoric areal and landmarks:
The Division of Historic Resources of the Department
of State maintains a central . archive of potential
historical and archaeological sites known as the Florida
Master Site File (FMSF). As the location of one of the
earliest settlements in South Florida, the City of Delray
Beach currently contains approximately 260 sites listed
on the FMSF. Since the GAE represents a large
portion of the oldest section of the City, it contains a
significant number of these historic sites including the
following notables:
- Delray Elementary (1905), National Register
- Cathcart Building (1912), 135 E. Atlantic
Avenue
- Arcade Tap Room (1919), 411 E. Atlantic
Avenue
- Colony Hotel (1926),525 E. Atlantic Avenue
The City has taken a number of steps to effectively
preserve its historic heritage. It has an active
Historical Society: has established a Historic
Preservation Board; and enacted a Historic Preservation
Ordinance in 1987 to preserve and protect its historic
properties. The contents of this ordinance has since
been incorporated into the City's Land Development
regulations.
Through local ordinances, four historic districts exist
and ten sites have been placed on the Local. Historic
Register. Of the four historic districts, three are
adjacent to or located within the GAE area: "Old School
Square" is located within the western portion of the
GAE; the northern block of the "Marina District" is
located within the GAE; and "Del Ida Park" borders
the GAE on the North'.
Delray Beach GAE 15
·
l.e) ExIsting Land Use
It is important to note that the "Old School Square
District" contains both, "Bankers Row." an entire block
of historically significant homes, and the Delray
'ElementaIy School (recently converted to a cultural
center) which is listed on the National Register of
Historic Places.
l.e) iv.
g. Cultural Amenities:
The on-going renovation and development of the Old
School Square Cultural Center has become a source
of pride to Delray Beach residents. Serving as the
western entry to the downtown, this one-block
redevelopment now includes a museum, museum shop,
community meeting room and a visual arts
center/gallery . In the fall of 1992, when current
renovations are completed, the Old School Square
Complex will also host theatre productions, concerts,
ballets and classes.
Another popular venue for cultural activities is
Veteran's Park along the Intracoastal Waterway where
concerts, arts and crafts fairs, and other community
activities are re~arly scheduled. In addition to a
major park renovation, $150,000 have been allocated
for seawall reconstruction along the park.
The city library is also located downtown on S.E. 4th
Avenue, one-half block south of Atlantic Avenue.
Furthermore, of a less civic but popular nature, are a
number of private commercial entertainment facilities
including the historic Arcade Tap Room , Boston's
(featuring frequent live entertainment) and a number
of other lounges and restaurants which also feature
.live music on special occasions.
Delray Beach GAE 16
·
l.c) Existing Land Use
l.e) iv.
h. Sense of Place:
The 'Village by the Sea" character of Delray Beach
presents a strong sense of place to residents and
visitors. This vital and active downtown area is one
of the few downtowns in south Florida that has
retained a viable commercial focus and continues to
serve as a true community center.
In the spring, the tremendously successful Delray
Affair is recognized nationally as a premier street arts
'festival and draws artists from all over the country.
The festival, plus the annual Halloween and Christmas
parades, _ and frequent concerts in Atlantic Plaza and
Veterans Park, serves to introduce thousands of South
Florida newcomers to the downtown Delray area.
The recently designated "Pineapple Grove" area in the
northern half of the GAE is beginning to develop it's
own identify. The renaming of N.E. 2nd Avenue to
"Pineapple Grove Way" combined with progI'amI11ed
streetscape improvements including four sculptures,
special pavers and new street trees w1ll further
establish a distinct sense of place for Pineapple Grove.
The somewhat more established and recognized Old
School Square Historic District has also been building
a sense of identity primarily through the renovations
of the cultural center facilities at Atlantic Avenue and
Swinton Avenue. As the meeting and cultural facilities
in this complex become more heavily utllized, this
histoiic district w1ll become more recognized as a
unique area.
Delray Beach GAE 17
.
.
l.e) Ensting Land Uie
l.e) tv.
1. Efforts at renewal and redevelopment:
Renewal and redevelopment have been an on-going
activity in the Delray Beach GAE area for a number
of years. Private renovations and redevelopment
continue to occur frequently. The Atlantic Plaza project, .
completed in 1985. involved one full block of
redevelopment in the downtown core area.
In 1971, the Downtown Development Authority (DDA)
was created 'and in 1985, the City of Delray Beach
set-up a Community Redevelopment Agency (CRA) to
carry out the purposes of Chapter 163. Part III of the
Florida Statutes. Since then the CRA has been an
active partner in the planning and redevelopment of
the downtown area. Projects iÍ1 which the DDA and
CRA have participated in or sponsored include the
Atlantic Avenue Streets cape Beautification project and
the new Courthouse Complex, adjacent to the western
edge of the GAE.
The Atlantic Avenue Beautification effort (successfully
completed on 8 blocks west of the Intracoastal) is
scheduled for continuation, east of the Intracoastal
and west to 1-95, as part of the clty·s "Decade of
Excellence" Bond Improvements. Also as part of this
bond program are Pineapple Grove "Redevelopment
Seed Money" totalling one half million dollars and Old
School Sauare "Phase II Improvements".
The Banker's Row historic area has been awarded a
$24,000 state grant with a matching $24,000 by the
City to study the restoration of an entire block of
historically significant homes.
Delray Beach GAE 18
l.c) Ezi8ting Land U8e
l.c) Iv.
i. Effort8 at renewal and redevelopment: (Continued)
Swinton Avenue Beautification is also programmed as
part of the "Decade of Excellence" bond program.
Landscaping. street trees and irrigation are planned
for both sides of Swinton through the GAE.
Streetscape improvements to Pineapple Grove Way
between Atlantic Avenue and N.E. 4th Street are
planned. This project includes placement of four
sculptures. paver blocks at roadway intersections and
sculptures and landscaping including street trees.
The total project cost is $140.000. The City has funded
$130.000 and the CRA has pledged $10.000 for paver
blocks at the intersections.
In addition. the City continues to invest in street
reconstruction. drainage improvements. and an
"Alleyway Reconstruction Program" The alleyway
program commits one m1ll1on dollars to repairing.
landscaping and otherwise improving the existing
alleyway system within the CBD. A key goal is to tap
the value of these alleyways as pedestrian links from
parking and internal block uses to the street-side
walkways.
Each of the mentioned projects reflects a public and
private commitment to maintain and enhance the
downtown Delray Beach area as a viable and healthy
area that will attract additional redevelopment and
1nftll development.
Delray Beach GAE 19
·
l.d) Future Land Use
l.d) i. List existing and proposed land use in the proposed
geoaraphlc exception area. Indicate land use changes,
redevelopment areas, and total square footage as weD as
the anticipated time table for the redevelopment of the
area.
The Delray Beach downtown GAE area has shown an
amazing resiliency to historic trends of suburbanization and
commercial flight from original downtown areas. To enable
downtown Delray Beach to continue to redevelop and to
encourage further. 1nf1ll development, a scenario for
developme,nt was prepared. The 'Village Center" Scenario
map (exhibit 2-5) illustrates the proposed general land uses.
Exhibit 1-1 "Land Use, Existing and Proposed" compares
the existing building square footages to the proposed
scenario. The following highlights the major features of this
scenario:
1) Full Inftll DeveloDment
The 17.1 acres (PAJ, 15.2 acres (GAE), of vacant land will be
fully developed within the 20 year plan tlmeframe. This
vacant land is generally spread over the entire area but is
never greater than 2 acres in any single parcel. This wide
dispersal and generally small size of vacant land suggests
that much of it will be developed as part of adjoining parcel
redevelopment or expansion. Such scattered 1nf1ll
development can be accommodated with m1nimalimpact on
the capacity of existing infrastructure, thereby making these
vacant parcels prime for development.
2) Moderate Increase in Total Non-Residential DeveloDment
The bulk of the future development will occur through the
redevelopment of existing properties including a number of
smaller single family homes, multi-family projects and under-
utll1zed commercial and service buildings and sites. The total
non-residential building floor area is planned to increase by
approximately 319,060 square feet (PA), 316,470 square feet
(GAE). These increases represent the following net changes
in non-residential floor area: +15% (PAJ, +170/0 (GAE). This
increase represents a commitment to attract nID:Y: uses in an
area that, while healthy, has not really experienced any net
growth for perhaps 20, or 30 years. While many new
buildings· are expected on vacant and redevelopment parcels,
Delray Beach GAE 20
·
l.d) Future Land Use
a good portion of the net increase is expected as a result of
the expansion of existing uses, and the adaptive reuse'and
other fonns of increased utilization of existing buildings in
the GAE area.
l.d) i. 3) Residential DeveloDment
The only significant land use change is a· planned increase
in multi-family development. It is understood that the
current relatively high property values and the generally
small sized isolated parcels of vacant land make future single
family development unlikely. The ''Village Center" concept
calls for an increase in total multi-family residential units
from 294 (PA), 264 (GAE) to 1011 (PA) , 957 (GAE) , an
increase of nearly 4000A>.
While some smaller multi-family projects are expected, the
bulk of the multi-family units are expected to be in larger
redevelopment projects of one hundred units or more along
the Federal Highway corridor. It is envisioned that a number
of developments would be mixed use in nature with some
street level commercial and gross densities as high as 30
du's/acre. As a result amendments to the currently adopted
Delray Beach Comprehensive Plan, which is limited to 12
du's/acre, should be anticipated. In addition to providing
housing in the downtown, the development should contribute
to an urban streetscape character, with internal parking
whenever possible, and add a "residential presence" and a
level of activity to the street to make the downtown a more
active and safer place to be.
4) Major EmDlovment Base Increase
From a total of less than 90,000 square feet both for
the PA and the GAE to a projected total of over 180,000
square feet, "Industrial" development represents the second
highest category of growth (commercial development
representing a 219,422 sq. ft. (PA) and 217,832 sq. ft (GAE)
growth) . The commitment to re-establish this area as an
employment center is focused in areas immediately adjacent
to the railroad tracks, particularly in the Pineapple Grove
area. This increase in industrial/warehouse employment
(assuming a standard of 1.8 jobs per 1,000 square feet of
industrial and 1.3 jobs per 1,000 square feet of warehouse)
would translate into a net increase of 124 jobs for these
uses ' alone. Co:nùnercial growth would account for an
additional 467 (PA) , 463 (GAE) job growth.
Delray Beach GAE 21
·
l.d) lI'uture Land Use
Total employment growth. after discounting for a small net
decline in office and warehouse uses would amount to 899
(PA) and 780 (GAE).
5) SDeclflc comDonents of the 'V1llaa:e Center" DroDosed for
Delrav Beach include:
New Junior Department Store and Parking Garage. A
60.000 square foot store is envisioned near the N.S./E.W.
axis of Atlantic Avenue and the U.S. I one-way pairs. A two
or three level parking garage on an adjoining block will help
make such a retail anchor viable and provide additional
parking for the central part of the downtown. The Junior
Department Store is envisioned to be a part of a full block
of redevelopII).ent which would also include smaller
commercial shops fronting an interior public plaza.
Civic Park & Plaza. This park is envisioned to be a
centerpiece for commercial and mixed use residential
development along the Federal Highway corridor. If combined
with the proposed Junior Department Store anchor. this park
will serve as a complementary anchor of a new north/south
axis of commercial development extending north and south
from the current east/west downtown retail core. A new
parking garage with retail on the ground level would provide
needed parking for the planned retail in this civic park &
plaza area.
Highly visible from both N/S one way Federal Highway pairs
the Civic Park and Plaza can act as a gateway to the
downtown for travelers from the north and provide the
foundation for an informal public social/ entertainment
environment serving not only shoppers in the area but more
importantly. providing a public open space amenity adjacent
to new mixed use multi-family neighborhoods to the north
'and west.
Delray Beach GAE 22
.
.
1.d) Future Land Use
Old School Square Redevelopment Area. The nearly
completed renovation of the Old School Square block provides
an entry to downtown and the opportunity for serving as the
hub of an expanded cultural, educational and civic area.
The expansion to the east (to the railroad tracks) would
accommodate complementary uses and could include
development such as a building relocation site where historic
buildings previously scheduled for demolition could be
assembled and converted into a specialty retail/entertainment
district, including éµl open air market/antique area.
Pineapple Grove Way Enhancement. This corridor is
envisioned for adaptive reuse as a community specialty retail
area with a focus on arts, crafts and design industry uses.
The lower cost buildings (compared to prime Atlantic Avenue
frontage) would be ideal to attract galleries~ studios, and
crafts retail, while community retail and service use would
be retained in 'The Publix shopping Center." From its
beginning at Atlantic Avenue to 4th Street on the north,
this street is programmed for extensive landscaping and
streetscape improvements. Formerly a healthy retail strip,
much of the retail has been replaced with less intense
service uses.
Pineapple Grove "Busmess Park". The bulk of the future
employment increase will occur in the eastern portion of
Pineapple Grove, along both sides of the railroad tracks.
While there are currently a number of industrial and
warehouse uses in this area, it appears rather fragmented
and disjointed with occasional pockets of single family homes
scattered amidst the warehouse and industrial buildings. To
attract significant additional employment in this area will
require a concentrated effort to promote the advantages of
the relatively low cost sites with available infrastructure. A
"business park" type improvement effort that would involve
some coordinated streetscape and landscape improvement
would be helpful as would a coordinated marketing effort
simUar to those of private business parks. The thematic
focus should be on arts, crafts, design professions, specialty
construction services, etc. which will give the area a certain
synergy not found in the newer business parks west of town.
Pineapple Grove Business Park could provide support for the
retail development along Pineapple Grove Way, which could
showcase art, crafts, and other products produced in the
adjacent Business Park.
Delray Beach GAE 23
-
l.d) Future Land Use
The Old School Square mstoric Arts District, which
previously included five different zoning classifications, has
recently been rezoned into a single Historic Arts district.
This is intended to encourage adaptive reuse of older homes
as galleries, offices, studios, and cottage businesses. While
currently, predominantly a single family area, it is envisioned
to develop into more of a mixed-use area. Additionally, some
tear-down redevelopment is also expected, though the scale
would be l1m1ted to assure compatibility with remaining
residential.
Bankers Row. This historic one block stretch of N.E. 1st
Avenue within the Old School Square Historical Arts District
presents a compact version of early "cottage" architecture' as
well as some larger Mediterranean style homes. Conversion
of some of these buildings to professional offices is occurring
with a sensitive historic touch. Future renovations of a
similar character are envisioned.
Atlantic Avenue Beachside (Not within the GAB). This
area, catering to the beach recreational and resort traffic, is
planned for extensive streetscape enhancement - s1m1lar in
quality to the successful streetscape improvements west of
the Intracoastal. The scheduled 100 room expansion of the
Holiday Inn at Atlantic Avenue and Ocean Boulevard is the
only significant development programmed for this area.
While renovation is expected to continue in this area, no
significant amount of new commercial or hotel development
(other than the Holidày Inn) is planned.
NE 1st Street, SE 1st Street Bypass. The designation of
these two streets as a one-way patraround the heart of the
Atlantic Avenue retail core has been encouraging. The
'Village Center" concept calls for a distinctive . street tree
planting program as well as a coordinated directional signage
program to both beautify this otherwise nondescript route
and to inform travellers of the prox1m1ty to the retail core
and parking.
While additional traffic on this bypass should result from
these improvements. no significant amount of additional
retail or office use is proposed to front on these bypass
routes. The idea is to keep such uses focussed on Atlantic
Avenue, along the planned N/S retail axis, the Federal
Highway corridor, and along Pineapple Grove Way.
DeIray Beach G.AE 24
-
.
1.d) Future Land Use
Additional "Resort-Type" Development. A large part of the
attraction and suècess of the downtown Delray Beach area
can be contributed directly to its prox1m1ty to the beach and
to Atlantic Avenue's primary access to the beach. The
continuous vehicular traffic that is thus generated has
afforded this downtown area with a continuous flow of
buying public. To further enhance this base economy.
additional tourist and resort-oriented businesses will be
encouraged.
As an example. the potential for bed and breakfast type
uses has not even begun to be established. Some of the
remaining larger homes in the downtown area (perhaps in
a redeveloped Pineapple Grove or Old School Square District)
would be prime candidates. Some of the "upstairs" space
over existing retail on Atlantic Avenue may also pose such
potential.
Other potential resort-oriented type development includes
additional recreational/entertainment uses such as comedy
clubs, small playhouses, or a movie theatre/cinema. The
key to the success of such development is to Unk it together
to establish a viable evening entertainment area. The
existing Colony Hotel and/or a renovated "Tap Room" could
be the beginning of such a focus.
The downtown area already has an advantage of the
distinctive 'Village by the Sea" character that sets it apart
from its suburban entertainment centers which are typically
isolated and unrelated to each other. The prox1m1ty of
downtown Delray Beach to the Intracoastal and the Ocean
provides amenities and an ambience that cannot be matched
further inland;
Delray Beach GAE 25
l.d) Future Land Use
5) Timetable for Develooment:
The previously described features of the proposed 'Village
Center" scenario are planned to evolve over a 20 year period.
Public investments in infrastructure improvements and
beautification have already begun and will be the "lead"
ingredients With most of them already programmed to be
accomplished by the end of the 1990's as part of the "Decade
of Excellence" bond program. Through the commitment to
infrastructure improvements and by securing the GAE
approval the City hopes to stimulate concurrent private
sector investment With the bulk of it occurring over the next
5 years (Phase I).
l.d) U. Describe the land uses within the proposed G.A.E.
Include discussion on the change in density or intensity
and the location of such as it relates to the effort to
balance land uses and shorten commuting distances.
Discuss the fonowing:
a. Densities within the 1/4 mUe service area of an
transit routes:
All of the G.A.E. area is Within 1/4 mile of existing
bus routes. There are currently no bus routes.
however. east of the Intracoastal that could serve the
"Atlantic Avenue - Beachside" area. A "shuttle" bus
loop has been proposed to extend the full length of
Atlantic Avenue from 1-95 to Ocean Boulevard. Not
only would this make it easier to shop the full length
of Atlantic Avenue and potentially reduce the number
of auto trips, it would also provide a transit
opportunity for nearby residential areas thus availing
these residents of the new employment opportunities
that are envisioned. See exhibit 1-4.
The Existing Land Use Inventory indicates that there
are 145 single-family and 264 multi-family dwellings
within the GAE. Densities for these two housing types
range from an average of 5 du's/ac for single-family
to 15 du's/ac for multi-family.
l.d) Future Land Use
The 'Village Center" scenario envisions a 37% reduction.
in Single-family units. with most of the 91 remaining
units in the Old School Square Historic Arts District.
At the same time. a substantial increase (over 2500/0)
is envisioned for multi-family development. principally
.
.
1.d) Future Land Use
of residents from within the Enterprize Zone will be
an attractive option to downtown business due to the
Enterprize Zone Jobs Tax Credit available to employers.
The residents/employees will benefit in that the new
jobs will be within easy walking distance of their
neighborhoods.
1.d) tie
c. Location of a range of affordable housing
opportunities in relation to their prozimlty to
employment:
While the planned addition of 717 multi-family units
in the downtown area nearly matches the 899 new
jobs (PA) forecasted from non-residential growth, a
more signtßcant factor is the existence of a resident
employee base -in the surrounding area and within
walking distance. Please see the response to 6.c. for
further discussion.
1.d) tie
d. Trips captured by this additional development that
might otherwise travel outside the area to
accompUsh the trip purpose:
It is estimated that 27 percent of the total daily trips
generated by the GAE land uses will remain within the
GAE. A high percentage of the daily trips generated
by the residential units can be satisfied within the
GAE. As indicated, 899 new jobs are being created
along with new shopping opportunities. In addition,
the beaches are within walking distance. Thus
recreation trips can be satisfies.
If, for example, the residential units were to be located
in the western suburbs, daily work trips, shopping
trips and recreation trips would be a trip into and out
of the area.
Delray Beach GAE 28
.
.
1.d) Future Land Use
1.d) it. e. Overall reduction in the vehicle mtles traveled in
the area as' a result of the additional development.
The provision of housing units in close proximity to
existing and proposed employment, shopping and
recreation opportunities will result in a reduction in
vehicle miles travelled as compared to a scenario
without housing units. Residents of the housing units
will be able to walk or bicycle to work, shopping or the
nearby beaches. The number of vehicle trips generated
by proposed hotel units should also be fewer than for
a typical hotel unit. The reason for this is the
proximity, within walking distance, of numerous
recreational and shopping opportunities.
1.e) Other
i. Describe how the additional development fttsinto the overall
redevelopment plan for local government.
The redevelopment plans for the City are embodied within Goal
Area "C" of the "Future Land use" element of the City's
Comprehensive Plan (as amended 11/20/90).
Goal Area "C": Blighted areas of the City shaU be redeveloped and
renewed and shall be the m£ýor contributing areas to the
renaissance of Delray Beach.
The relationships of specific policies and objectives to the proposed
Village Center scenario follow in parenthesis after each statement.
Policv C-3.1 The City of Delray Beach hereby acknowledges the
role .of Culture and the Arts in Economic Development and pledges
in pursuit of a theme of this Comprehensive Plan -- A Renaissance
COTT11TULT1ity -- the promotion of the arts and accommodatton of
cultural activities for economic development ends. (Within the GAE.
further development of the Old School Square Historic Arts District
and the recently established Pineapple Grove Neighborhood are
proposed to feature arts, crafts, design and related businesses.
This would include retail, wholesale and manufacturing.)
Delray Beach GAE 29
l.e) Other
Policy C-3.4 T~ City's Coastal Area is one of its most valuable
resources in tenns of economic attraction, recreation, and natural
beauty. While action is appropriate, to capitalize upon the economic
benefits of this resource, commercialization and promotion shall not
occur to suCh an extent that they diminish this beach resource.
(The Atlantic Avenue Beachside portion of the CBD is proposed for
only minimal additional commercialization With less than 2,000
square feet of additional commercial development).
Policy C-4.2 The modified CBD Zoning District shall be extended
eastward to the Atlantic Ocean, northward to include the Pineapple
Grove District, and south to 3rd Street. (All of this area is included
in the Planning Area for this study. The GAE as discussed earlier,
excludes the Beachside portion of the CBD from the Atlantic Ocean
to the Intracoastal).
Policy C-4.3A special CBD development plan shall be developed
jointly by the CRA and the City....It shall address the maximum
development which can be accommodated in a competitive market
while still retaining "village like, community by-the-sea" character
of the CBD. (This GAE document and planning effort has been
jointly sponsored and reviewed by the CRA and the City and
reflects the full build out of the CBD. This document is a precursor
to a more detailed development plan to be prepared after approval
of the GAE.)
Obfective C-4: The Central Business District (CBD) represents the
essence of what is Delray Beach Le. a "viUage like, community by
the sea." The continued revitalization of the CBD is essential to
achieving the overaU theme of the City's Comprehensive Plan of "A
City Set Apart In South Florida." (The additional development and
redevelopment envisioned int he GAE 'Village Center" scenario is
essential to realization of these objective.)
Policy C-4.4 The City shall be the lead agency in pursuing the
construction and operation of tired parking structures with mixed
uses in the CBD. (The proposed plan calIs for two parking garages
Within the GAE).
Policy C-4.9 Thefollowing capital improvements have already been
identi.fted as essential components of efforts and programs which
. are necessary to keep the CBD a vital and competitive commercial
marketplace... .
Delray Beach GAE 30
.
l.e} Other
· Phase II of the Old School Square Project
· Phase ill of Atlantic Avenue beautification Le. expansion of
the beautification program east of the bridge to the Ocean
· Alleyway enhancement program
(Each of the above is called for in the proposed plan as
described elsewhere).
Other policies and objectives specifically related to redevelopment
in the GAE 'area:
Policy A-2.4 Auto related uses shall not be pennitted in the CBD
Zone District or within the geographic area alDng Federal Highway
which extends four blocks north and three blocks south of Atlantic
Avenue. (No such uses are proposed).
Obfective A-4 The redevelopment of land and buildings shall
provide for the preservation of historic resources. {This is a key
part of the plan as proposed for Bankers Row, Old School Square
Complex and District, and Pineapple Grove}.
Delray Beach GAE 31
.
e) Other
1.1. Discuss what efforts have been made to direct
development to the proposed GAE area.
. As noted earlier, several organizations have been
created to promote development/redevelopment in the
downtown including the DDA. CRA and the Atlantic
Avenue Merchants Association, as well as the
neighborhood associations for the Pineapple Grove and
Old School Square Districts. All of these groups are
active' and the results of their efforts are beginning to
materialize. The City has committed substantial funds
through it's "Decade of Excellence" bond program for
additional beautification and infrastructure
improvements in the downtown. The intent is to create
a more attractive environment thus inducing continued
private investment in the downtown, (See preceding
discussion 1. c) iv., "Efforts at Renewal and
Redevelopment"). Current city zoning code provisions
also encourage downtown development/redevelopment
with less restrictive code provisions than suburban
locations in Delray Beach. The minimal building
setback requirements, reduction of off-street parking
standards, and the allowance of a 60' maximum
building height, all provide significantly greater
flexibility and density for downtown than are provided
elsewhere in the City.
Delray Beach GAE 32
.
.
2. MaDs
a) Location map delineating the geographic boundaries of the
proposed geographic area of ezceptlon. (See Ezhiblt 2-1)
b) Speciftc links and intersections to be ezcepted shown on a
map of the eziltlng highway and transportation network. (See
Ezhiblt 2-2)
c) Ezistlng land usel within the proposed GAE (See Ezhiblt 2-3
and 2-4)
d) Future land use in the proposed GAE (See Ezhiblt 2-5)
e) Areas being conslde_red for redevelopment distinguished from
the areal that would not change. (See Ezhiblt 2-6)
SEE MAPS ON FOLLOWING PAGES
Delray Beach GAE 33
. Location Map
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sw 23RD AVENUE
GOLF ROAD I
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EXHIBIT 2-5
FUTURE LAND USE
(to be Inserted)
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·
3. Areawide Tramc Evaluation
a) Include a copy of the traffic evaluation which include. the
information detel1lÛDed to be required by the County' Engineer
during the preappUcation conference and by the Florida
Department of Transportation for roads which are part of the
State highway system.
A copy of the traffic evaluation is attached in Appendix 3.1
b) Indicate the proposed and anticipated changes in the socio-
economic data by traffic analysis zone, for Test-Two analysis
usiDg the Florida Standard Urban Transportation ModeUng
Structure for Palm Beach County Model.
b) i. Explain how these changes relate to the proposed
development of the downtown core. The data should be
in a form sufllcient to use in 1'1U1Ding the Model.
The changes in socio-economic data are shown on Exhibit
3-1. Increases or decreases of the proposed land uses were
converted to employment for use in the Model using the
following fonnulae:
Land Use Employment
Hotel/Motel Units 1 Employee/Room
Industrial 1 Employee/750 Sq.Ft.
Commercial 1 Employee/470 Sq.Ft.
Service(1) 1 Employee/285 Sq.Ft.
(1) Service includes office. post office. library and
Civic/Cultural uses.
b) it. ,Include results of Model runs done by the County, with
and without the proposed GAE.
The Model run results are included as Appendix 3.2.
Delray Beach GAE 34
.
.
S.c) Areawide Traffic Evaluation
c) Discuss the impact on the Major Thoro,""fares system.
c) i. Show ensting trafftc volumes, both within the proposed
GAB and within the influence area of the proposed GAB.
Include the number of lanes and capacity for each
roadway.
Existing (1990) average annual daily traffic volumes provided
by the Metropolitan Planning Org~tion (MPO) and
supplemented by counts taken by David Plummer and
Associates are shown on Exhibit 3-2A. These volumes are
shown for the GAE area and. the study area, which is
bounded by SW 23rd Avenue on the north. Unton Boulevard
on the south. the Atlantic Ocean on the east and Congress
Avenue on the· west. Existing number of lanes and Level of
Service (WS) "D" service volumes (from Ordinance 90-40)
and existing levels of service are also shown on Exhibit 3-
2A. Exhibit 3-2B provides in table fonnat the data provided
on Exhibit 3-2A along with the roadways jurisdiction and
functional classification. Several of the traffic volumes shown
on Exhibit 3-2B were estimated based on peak hour turning
movement counts. approach counts and/or the nearest 24
hour count.
c) U. Calculate the total new trafftc generated by the new land
uses using the following guideUnes:
a. Existing trafftc from existing development and new
trafftc from existing development (ie. new tenant)
is not considered new trafftc. A change of use of
an msting development may result In new trafftc.
b. New traffic from redeveloped property may exclude
trafDc from the old land use if that land use was
active within five years of development.
·c. Il the anticipated buildout of the proposed GAE is
more than five years, the traffic projections should
be done In reasonable Increments. Note: the
redevelopment may be phased to specific roadway
improvements.
d. Traffic generated from ensting uses, previous
approved uses and proposed uses shall be calculated
using current generation rates.
Delray Beach GAE 35
.
.
S.e) Areawide TraffIc Evaluation
Daily and peak hour trip generation rates are shown
on Exhibit 3-3. The Planning Area land uses for Phase
I and Buildout are shown on Exhibit 3-4. Daily and
peak hour trip generation by phase are shown on
Exhibit 3-5. Phase I is 5 years (1991-1996) and
BuUdout is 20 years through 2010. Trip generation
was calculated on a planning area basis rather than
for the entire OAE. The trip generation is based on
the projected net increase/decrease of the various land
uses. By using the net increase/decrease of the
various land uses and applying ourrent trip generation
rate changes in uses and traffic from previously
approved uses are accounted for.
In order to determine the level of service on the
roadways affected by the OAE all future increases in
traffic have to be accounted for. Although traffic
generated by existing development, previously approved
development and residential UI}its are not subject to
the 1990 Countywide Traffic Performance Standards
(Ordinance 90-40), they have to be included to
accurately estimate future traffic volumes and levels of
service. Traffic associated with the Atlantic Avenue
Beachside Planning Sector was also included in the
projections of future roadway link volumes even though
this sector is not included in the OAE Application Area.
Exhibit 3-6 shows the total daily traffic generated by
all land uses within the Planning Area as well as net
new daily OAE traffic (Le., traffic subject to Ordinance
90-40) for Phase I and buildout.
Delray Beach GAE 36
.
.
S.c) Areawide TrafBc Evaluation
c) W. Show the total trafBc area including aU roads in the
proposed GAE and aU roads IJ\plftcantly impacted by
trafBc from the proposed GAE using the fonowing
guideUnes:
a. Total trafBc includes exist1ng trafBc plus new trafBc
from the proposed GAE, plus background growth
throughout the buildout of the project.
b. A sfpfftcantly impacted road is one in which the
trafBc from the proposed GAE Is at least 3% of the
Level of Service (LOS) D of the roadway. Note:
The traffic analysis must include aU roads for which
the appUcatlon is seeking a lower level of service.
c. Show the anticipated number of Janes for the roads
being studied.
The FSUTMS trip assignments were analyzed by TAZ to
determine the appropriate trip distribution. The overall
assignment is provided on Exhibit 3-7.
Future traffic volumes and levels of service for Phase I are
shown on Exhibit 3-BA for all roadways within the GAE and
within the study area. Exhibit 3-8B provides the total Phase
I traffic and level of service, total and net new GAE traffic
assignments and the percent of net new GAE traffic of the
LOS D service volume. The roadway links projected to
operate between LOS D and E but not below LOS DIE and
which the net new GAE impact is one percent (10/0) or greater
are links for which a lower level of service is being applied
for. Those roadway links projected to operate below LOS
D IE with a one percent (1%) impact require a CRALLS
designation.
An additional issue relative to the assignment of net new
GAE traffic volumes needs to be discussed. The issue is
internalization. The FSUTMS trip generation EXhibits for
the TAZ's within the GAE were compared to the actual
number of trips shown on the' centroid connectors to
determine internalization. This methodology results in
internal rates of 19 percent to 21 percent. An average of 20
percent was utilized as shown on Exhibits 3-6A, 3-6B and
3-6C.
Delray Beach GAE 37
.
.
S.c) Areawide Traffic Evaluation
d) Analyze the impact to roadways· in affected municipalities if
the exception is granted.
Net new OAE traffic has a very m1n1rnal impact on roadways within
adjacent municipalities. The only impact would be on roadways
within Boynton Beach to the north and Boca Raton to the south.
However, net new OAE traffic is less than 3 percent of the WS "D"
service volume on roadway links within these municipalities.
As proposed, the 'OAE will have its greatest impact on Seacrest
Boulevard in the City of Boynton Beach. The link between SW
23rd Avenue and NE 8th Street may require a CRALLS
designation. However, OAE traffic represents only 1.6 percent of
the future daily volume and a CRALLS designation would be
required without the OAE traffic.
The study area does not extend into Boca Raton because of the
m1n1rnal impact of OAE traffic south of Unton Boulevard. Based
on the analysis for roadway links north of Unton Boulevard, OAE
traffic volumes are highest on Federal Highway. North of Linton
Boulevard OAE traffic represents only 1.8 percent of the WS "D"
service volume. Therefore south of Unton Boulevard the OAE
traffic impact will be substantially less.
e) Describe the availabWty of parking in and around the proposed
GAE as to whether it promotes mass transit. Address the
fonowing:
The most recent parking analysis for the CBD was conducted
during March, 1989. The area bounded by NE 1st Street on the
north, SE 1st Street on the south, SR A-I-A on the east and
Swinton Avenue on the west was studied. The analyses showed
that approximately 57 percent of the 4390 spaces were occupied
during the time of maximum occupancy. There appears to be an
adequate supply of parking in the area. This high availability of
parking within the OAE would not encourage people to use transit.
Delray Beach OAE 38
·
i. Any additional mass transit service anticipated beyond
current service. Including the amount of service" the
number of passengers, the, reduction in auto trips and
the method of funding and operation.
CoTran is the Countywide provider of transit services in
Palm Beach County. The City of Delray Beach has not
developed any plans for providing additional transit services.
Existing bus service to and within the GAE area is very
underutilized. Therefore, there does not appear to be a need
to provide more service. There is, however, a need to attain
greater ridership.
ü. Provisions for non-motorized travel (ie. bicýcle and
pedestrian) including existing and proposed requirements,
design standards and funding mechanisms.
Goal Area "D" of the Traffic Element of the City's
Comprehensive Plan includes Objectives and Policies which
require the provision of bicycle and pedestrian facUities. For
example, Policy D-l.l requires new development to provide
sidewalks and accommodate pedestrians so that they do not
have to use vehicular travelways. Other policies require that
bicycle traffic be accommodated in the design and
construction of County collectors and arterials. In addition,
all new development is required to provide bicycle parking
facilities.
W. Consideration of the effects on air quaUty, given that
Palm Beach County has been designated as a non-
attainment area for ozone. MobDe sources are a major
contributor to the formation of ozone.
Continued development and redevelopment of the compact
downtown' area should encourage alternate means of
transportation, particularly where commercial and residential
uses are within walking distance of each other. A major
component of the redevelopment plan is the provision of
housing units within the GAE area. The proximity of these
units to employment, shopping, recreational and cultural
opportunities should reduce the number of automobile trips.
The provision of residential opportunities may also reduce
, or at least substantially alter commuting patterns and
distances.
Delray Beach GAE 39
.
.
s.t} Areawid~ Traffic EValuation
t} Discuss what measures can be taken to mitigate the Impacts
of the exception on the transportation system. Include
discussion of roadway and transit Improvement options and
commitments.
Roadway improvements are required in order to mitigate the
impacts of the exception. Improvements required on Lake Ida
Road west of Swinton Avenue. Atlantic Avenue west of 1-95 and
South lOth Street east of 1-95 are programmed by the County and
City. The restriping of Atlantic Avenue from 1-95 to Swinton
Avenue as a 6 lane divided facility has to be programmed. In
fact. the link immediately east of 1-95 is currently operating at
WS"E."
Lake Ida Road (N.E. 4th Street) between Swinton Avenue and N.E.
2nd Avenue will require an exception. The' projected 1996 daily
volume on this link of 13.942 is 242 trips over the WS "D"
threshold of 13.700. The programmed widening 'of Lake Ida Road
west of Swinton Avenue will result in transition lanes bring
constructed east of Swinton Avenue. These additional lanes in
combination with the left turn lane at N.W. 2nd Avenue will
provide a slightly higher capacity than a typical 2 lane roadway.
Consequently. the additional 242 trips in excess of the 13.700 trip
service volume will not result in adverse operating conditions. In
addition. a substantial grid system exists which will provide
alternate parallel routes.
Even though the volume on Atlantic Avenue between Swinton
Avenue and N.E. 5th Street is projected to- exceed the WS "D"
service volume. no exception is required. This is a City roadway
and not subject to the 1990 Countrywide Traffic Perfonnance
Standards Ordinance.
Swinton Avenue from N.E. 8th Street 'to Lake Ida Road and
Seacrest Boulevard from S.W. 23rd Avenue to N./E. 8th Street are
both projected to exceed the WS "D" service volume. Both links
may require a CRALLS designation because Swinton Avenue is.
built to its ultimate cross-section. However. Swinton Avenue and
Seacrest Boulevard can be considered a corridor and be analyzed
as a four-lane facility. Under this approach the volumes on
adjacent links would be averaged and both· links would operate at
the adopted level of service standard.
Delray Beach GAE 40
.
.
S.t) Areawide Trafftc EvaluatlOD
Swinton Avenue from South 1st Street to South . lOth Street will
require an exception. This link is projected to exceed the LOS "D"
daily service volume by 405 trips. Again, it must be acknowledged
that this is a downtown area with a grid network of streets.
Therefore, the potential exists for trips to divert to parallel facilities.
Federal Highway between S.E. 18th Street and Unton Boulevard
requires an exception. The projected daily volume exceeds the
LOS "D" service volume by 1,273 trips. To widen Federal Highway
to a six lane facility to accommodate 1,273 daily trips appears to
be an excessive expenditure of funds to accommodate these trips.
A-1-A is projected to exceed the daily service volume by 244 trips
and will require an exception for the l1nk between Atlantic Avenue
and Linton Boulevard. A-1-A is shown as a two-lane roadway in
the County's Interim 2010 Transportation Plan. In ,addition, it is
scenic roadway. Consequently, this roadway probably cannot be
widened.
Additional transit service does not ~ppear to be a viable alternative
given the abundance of available parking spaces. It is doubtful
that people interested in traveling downtown will abandon their
cars for transit when parking is readily available and future traffic
volumes (although they exceed the LOS "D" thresholds) are not
approaching WS "F".
It is important to note that the proposed land uses are a step
toward balancing land uses within the GAE. The proVision of
housing units will probably have a greater· impact in reducing
auto trips than would additional transit services.
Finally, it needs to be reiterated that the downtown Delray Beach
Grid system of roadways provides numerous alternative for trips
to divert to parallel facilities.
Delray Beach GAE 41
#90868.01 5/24/91
EXHIBIT 3-1
.
CITY OF DELRA Y BEACH GAE
. EMPLOYMENT CALCULATIONS
EXISTING AND PROPOSED DEVELOPMENT SCENARIO
524 CORE EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Changeln
Land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial sa. FT. 470 76,674 163 109,796 234 70 33,122
Office sa. FT. 285 96,208 338 80,784 283 -54 (15,424)
Industrial sa. FT. 550 0 0 0 0 0 0
Warehouse sa. FT. 750 0 0 0 0 0 0
Hotel ROOMS 1 0 0 14 14 14 14
Single Family D.U. 0 0 0 0 o. 0 0
Multi Family D.U. 0 8 0 50 0 0 42
Other sa. FT. 285 0 0 0 0 0 0
- -
TOTAL 501 531 30
524 NORTH EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
Land Use Units Factor Intensity Emps. Intensity Emps. 'Emp. Intensity
-
Commercial sa. FT. 470 33,320 71 33,320 71 0 0
Office sa. FT. 285 6,305 22 30,496 107 85 24,191
Industrial sa. FT. 550 0 0 0 0 0 0
Warehouse sa. FT. 750 0 0 0 0 0 0
Hotel ROOMS 1 18 18 18 18 0 0
Single Family D.U. 0 3 0 0 0 0 (3)
Multi Family D.U. 0 1 0 50 0 0 49
Other sa. FT. 285 0 0 0 0 0 0
- -
TOTAL 111 196 85
524 TOTALS EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Changeln Changeln
land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial SO.FT. 470 109,994 234 143,116 305 70 33,122
Office sa. FT. 285 102,513 360 111,280 390 31 8,767
Industrial sa. FT. 550 0 0 0 0 0 0
Warehouse sa. FT. 750 0 0 0 0 0 0
Hotel ROOMS 1 18 18 32 32 14 14
Single Family D.U. 0 3 0 0 0 0 (3)
Multi Family D.U. 0 9 0 100 0 0 91
Other sa: FT. 285 0 0 ,0 0 0 0
- -
GRAND TOTAL 612 727 115
524. WK1
#90868.01 5/24/91
EXHIBIT 3-1 (Cont.) .
CITY OF DELRA Y BEACH GAE
EMPLOYMENT CALCULATIONS .
EXISTING AND PROPOSED DEVELOPMENT SCENARIO
525 CORE EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
Land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial sa. Fr. 470 41,660 89 49,660 106 17 8,000
Office sa. Fr. 285 17 ,905 63 21,931 77 14 4,026
Industrial sa. Fr. 550 0 0 0 0 0 0
Warehouse sa. Fr. 750 0 0 0 0 0 0
Hotel ROOMS 1 0 0 24 24 24 24
Single Family D.U. 0 2 0 0 0 0 (2)
Multi Family D.U. 0 9 0 30 0 0 21
Other sa. Fr. 285 0 0 0 0 0 0
TOTAL 151 207 55
525 SOUTH EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
Land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial sa. Fr. 470 37,402 80 39,058 83 4 1,656
Office sa. Fr. 285 11,700 41 13,722 48 7 2,022
Industrial sa. Fr. 550 0 0 0 0 0 0
Warehouse sa. Fr. 750 0 0 0 0 0 0
Hotel ROOMS 1 0 0 0 0 0 0
Single Family D.U. 0 0 0 0 0 0 0
Multi Family D.U. 0 2 0 0 0 0 (2)
Other sa. Fr. 285 0 0 0 0 0 0
TOTAL 121 131 11
525 TOTALS EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
Land Use Units Factor Intensity Emps. Intensity Emps. Employment Intensity
Commercial sa. Fr. 470 79,062 168 88,718 189 21 9,656
Office sa. Fr. , 285 29,605 104 35.653 125 21 6,048
Industrial sa. Fr. 550 0 0 0 0 0 0
Warehouse sa. Fr. 750 0 0 0 0 0 0
Hotel ROOMS 1 0 0 24 24 24 24
Single Family D.U. 0 2 0 0 0 0 (2)
Multi Family D.U. 0 11 0 30 0 0 19
Other sa. Fr. 285 0 0 0 0 0 0
GRAND TOTAL 272 338 66
525.WK1
#90868.01 5/24/91
EXHIBIT 3-1 (Corit.)
. CITY OF DELRA Y BEACH GAE
EMPLOYMENT CALCULATIONS
EXISTING AND PROPOSED DEVELOPMENT SCENARIO
535 CORE EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
Land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial sa. FT. 470 91,952 196 113,644 242 46 21,692
Office sa.FT. 285 60.499 212 51 ,246 180 -32 (9,253)
Industrial sa. FT. 550 0 0 0 0 0 0
Warehouse sa. FT. 750 5.520 7 5.520 7 0 0
Hotel ROOM 1 100 100 112 112 12 12
Single Family D.U. 0 1 0 0 0 0 (1)
Multi Family D.U. 0 2 0 150 0 0 148
Other sa. FT. 285 0 0 20,000 70 70 20,000
-
TOTAL 515 611 96
535 NORTH EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
Land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial sa. FT. 470 102,071 217 117,324 250 32 15,253
Office sa. FT. 285 67,460 237 77.718 273 36 10,258
Industrial SQ. FT. 550 24,980 45 78,000 142 96 53.020
Warehouse sa. FT. 750 11,302 15 20,050 27 12 8.748
Hotel ROOM 1 9 9 0 0 -9 (9)
Single Family D.U. 0 13 0 0 0 0 (13)
Multi Family D.U. 0 32 0 200 0 0 168
Other sa. FT. 285 18.057 63 18.057 63 0 0
TOTAL 587 754 168
535 TOTALS EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
Land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial sa. FT. 470 194,023 413 230,968 491 79 36,945
Office sa. FT. 285 127.959 449 128,964 453 4 1.005
Industrial sa. FT. 550 24,980 45 78.000 142 96 53,020
Warehouse sa. FT. 750 16.822 22 25.570 34 12 8,748
Hotel ROOM 1 109 109 112 112 3 3
Single Family D.U. 0 14 0 0 0 0 (14)
Multi Family D.U. 0 34 0 350 0 0 316
Other sa. FT. 285 18.057 63 38,057 134 70 20,000
-
GRAND TOTAL 1102 1365 263
535. WK1
190868.01 5/24/91
.
EXHIBIT 3-1 (Cont.)
CITY OF DELRA Y BEACH GAE
.
EMPLOYMENT CALCULATIONS
EXISTING AND PROPOSED DEVELOPMENT SCENARIO
536 CORE EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
Land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial SO. FT. 470 84,958 181 120,000 255 75 35,042
Office SO. FT. 285 0 0 5,000 18 18 5,000
Industrial SO. FT. 550 13,895 25 0 0 -25 (13,895)
Warehouse SO. FT. 750 77,083 103 0 0 -103 (77 ,083)
Hotel ROOMS 1 0 0 0 0 0 0
Single Family D.U. 0 0 0 0 0 0 0
Mufti Family D.U. 0 0 0 0 0 0 0
Other SO. FT. 285 38,778 136 38.778 136 0 0
-
TOTAL 445 409 -36
536 NORTH EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
Land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial SO. FT. 470 211 ,342 450 200.299 426 -23 (11.043)
Office SO. FT. 285 45.149 158 51,354 180 22 6,205
Industrial SO. FT. 550 34,623 63 69,685 127 64 35,062
Warehouse SO. FT. 750 50.816 68 77,013 103 35 26,197
Hotel ROOMS 1 0 0 0 0 0 0
Single Family D.U. 0 56 0 43 0 0 (13)
Multi Family D.U. 0 72 0 114 0 0 42
Other SO. FT. 285 17.061 60 30,000 105 45 12.939
TOTAL 799 941 142
536 TOTALS EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
Land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial so. FT. 470 296,300 630 320,299 681 51 23.999
Office so. FT. 285 45.149 158 56,354 198 39 11 .205
Industrial so. FT. 550 48,518 88 69,685 127 38 21 ,167
Warehouse, so. FT. 750 127,899 171 77,013 103 -68 (50,886)
Hotel ROOMS 1 0 0 0 0 0 0
Single Family D.U. 0 56 0 43 0 0 (13)
Multi Family D.U. 0 72 0 114 0 0 42
Other so. FT. 285 55.839 196 68,778 241 45 12,939
-
GRAND TOTAL 1244 1350 106
536.WK1
. #90868.01 5/24/91
EXHIBIT 3-1 (Cant.)
. CITY OF DELRA Y BEACH GAE
EMPLOYMENT CALCULATIONS
EXISTING AND PROPOSED DEVELOPMENT SCENARIO
537 CORE EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
Land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial sa. FT. 470 27,335 58 33,449 71 13 6,114
Office sa. FT. 285 60,121 211 60,121 211 0 0
Industrial sa. FT. 550 4,103 7 18.103 33 25 14,000
Warehouse sa. FT. 750 14,235 19 25,535 34 15 11,300
Hotel ROOMS 1 0 0 0 0 0 0
Single Family D.U. 0 11 0 6 0 0 (5)
Multi Family D.U. 0 6 0 ,20 0 0 14
Other sa. FT. 285 10,750 38 10,750 38 0 0
TOTAL 333 387 54
537 SOUTH EXISTING - DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
Land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial sa. FT. 470 28,551 61 31,641 S7 7 3.090
. Office sa. FT. 285 0 0 0 0 0 0
Industrial sa. FT. 550 0 0 12,000 22 22 12.000
Warehouse sa. FT. 750 22,974 31 22,974 ' 31 0 0
Hotel ROOMS 1 0 0 0 0 0 0
Single Family D.U. 0 11 0 4 0 0 (7)
Multi Family D.U. 0 37 0 83 0 0 46
Other sa. FT. 285 0 0 0 0 0 0
TOTAL 91 120 28
537 TOTALS EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
Land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial sa. FT. 470 55.88S 119 65,090 138 20 9,204
Office sa. FT. 285 60.121 211 SO,121 211 0 0
Industrial sa. FT. 550 4,103 7 30,103 55 47 2S,ooo
Warehouse sa. FT. 750 37,209 50 48,509, 65 15 11 ,300
Hotel ,ROOMS 1 0 0 0 0 0 0
Single Family D.U. 0 22 0 10 0 0 (12)
Multi Family D.U. 0 43 0 103 0 0 60
Other sa. FT. 285 10,750 38 10.750 38 0 0
GRAND TOTAL 425 507 82
537.WK1
#90868.01 5/24/91
EXHIBIT 3-1 (Cant.) .
CITY OF DELRA Y BEACH GAE
.
EMPLOYMENT CALCULATIONS
EXISTING AND PROPOSED DEVELOPMENT SCENARIO
538 CORE EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
Land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial sa. FT. 470 94,737 202 173,188 368 167 78.451
Office sa. FT. 285 77,411 272 52,061 183 -89 (25,350)
Industrial sa. FT. 550 2.330 4 2,330 4 0 0
Warehouse sa. FT. 750 0 0 0 0 0 0
Hotel ROOMS 1 0 0 12 12 12 12
Single Family D.U. 0 1 0 0 0 0 (1)
Multi Family D.U. 0 18 0 20 0 0 2
Other sa. FT. 285 28,527 100 40,000 140 40 11,473
-
TOTAL 578 708 130
538 SOUTH EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
Land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial sa. FT. 470 51,688 110 66,147 141 31 14.459
Office sa. FT. 285 137,530 483 125,653 441 -42 (11,877)
Industrial sa. FT. 550 9,215 17 0 0 -17 (9,215)
Warehouse sa. FT. 750 0 0 0 0 0 0
Hotel ROOMS 1 0 0 0 0 0 0
Single Family D.U. 0 4 0 0 0 0 (4)
Multi Family D.U. 0 27 0 150 0 0 123
Other sa. FT. 285 4,360 15 4,360 15 0 0
TOTAL 625 597 -28
538 TOTALS EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial sa. FT. 470 146.425 312 239.335 509 198 92,910
Office sa. FT. 285 214,941 754 177,714 624 -131 (37,227)
Industrial sa. FT. 550 11.545 21 2,330 4 -17 (9,215)
Warehouse sa. FT. 750 0 0 0 0 0 0
Hotel ' ROOMS 1 0 0 12 12 12 12
. Single Family D.U. 0 5 0 0 0 0 (5)
Multi Family D.U. 0 45 0 170 0 0 125
Other sa. FT. 285 32,887 115 44,360 156 40 11,473
-
GRAND TOTAL 1202 1305 103
538.WK1
#90868.01 5/24/91
EXHIBIT 3-1 (Cont.)
.
CITY OF DELRA Y BEACH GAE
EMPLOYMENT CALCULATIONS
EXISTING AND PROPOSED DEVELOPMENT SCENARIO
559 CORE EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial sa. FT. 470 3.320 7 12.000 26 18 8.680
Office sa. FT. 285 0 0 0 0 0 0
Industrial sa. FT. 550 0 0 0 0 0 0
Warehouse sa. FT. 750 0 0 0 0 0 0
Hotel ROOMS 1 0 0 0 0 0 0
Single Family D.U. 0 4 0 0 0 0 (4)
Multi Family D.U. 0 10 0 32 0 0 22
Other sa. FT. 285 0 0 0 0 0 0
- -
TOTAL 7 26 18
559 NORTH EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Changeln Changeln
land Use Units Factor Intensity Emps. Intensity Emps. ,Emp. Intensity
Commercial sa. FT. 470 0 0 0 0 0 0
Office sa. FT. 285 4,000 14 8.000 28 14 4.000
Industrial sa. FT. 550 0 0 0 0 0 0
Warehouse sa. FT. 750 0 0 0 0 0 0
Hotel ROOMS 1 0 0 0 0 0 0
Single Family D.U. 0 30 0 31 0 0 1
Multi Family D.U. 0 17 0 23 0 0 6
Other sa. FT. 285 0 0 0 0 0 0
-
TOTAL 14 28 14
559 TOTALS EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial sa.FT~ 470 3.320 7 12,000 26 18 8,680
Office sa. FT. 285 4,000 14 8.000 28 14 4.000
Industrial sa. FT. 550 0 0 0 0 0 0
Warehouse sa. FT. 750 0 0 0 0 0 0
Hotel ROOMS 1 0 0 0 0 0 0
Single Family D.U. 0 34 0 31 0 0 (3)
Multi Family D.U. 0 27 0 55 0 0 28
Other sa. FT. 285 0 0 0 0 0 0
-
GRAND TOTAL 21 54 33
559.WK1
·
#90868.01 5/24/91
. EXHIBIT 3-1 (Cant.)
CITY OF DELRÄV BEACH GAE
EMPLOYMENT CALCULATIONS
EXISTING AND PROPOSED DEVELOPMENT SCENARIO
561 CORE EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
Land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial sa. FT. 470 8,704 19 12,000 26 7 3,296
Office sa. FT. 285 1,706 6 3,000 11 5 1,294
Industrial sa. FT. 550 0 0 0 0 0 0
Warehouse sa. FT. 750 0 0 0 0 0 0
Hotel ROOMS 1 0 0 0 '0 0 0
Single Family D.U. 0 6 0 4 0 0 (2)
Multi Famify D.U. 0 11 0 20 0 0 9
Other sa. FT. 285 0 0 0 0 0 0
-
TOTAL Z5 36 12
561 SOUTH EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
Land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
-
Commercial sa. FT. 470 1,468 3 1,468 3 0 0
Office sa. FT. 285 0 0 0 0 0 0
Industrial sa. FT. 550 0 0 0 0 0 0
Warehouse sa. FT. 750 0 0 0 0 0 0
Hotel ROOMS 1 0 0 0 0 0 0
Single Family D.U. 0 3 0 3 0 0 0
Multi Famify D.U. 0 12 0 15 0 0 3
Other sa. FT. 285 0 0 0 0 0 0
-
TOTAL 3 3 0
561 TOTALS EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
Land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
-
Commercial sa. FT. 470 10,172 22 13,468 29 7 3,296
Office sa. FT. 285 1,706 6 3,000 ' 11 5 1,294
Industrial ,sa.FT. 550 0 0 0 0 0 0
Warehouse' sa. FT. 750 0 0 0 0 0 0
Hotel ROOMS 1 0 0 0 0 0 0
Single Famify D.U. 0 9 0 7 0 0 (2)
Multi Family D.U. 0 23 0 35 0 0 12
Other sa. FT. 285 0 0 0 0 0 0
GRAND TOTAL 28 39 12
561.WK1
#90868.01 5/24/91
EXHIBIT 3-1 (Cant.)
CITY OF DELRA Y BEACH GAE .
EMPLOYMENT CALCULATIONS
EXISTING AND PROPOSED DEVELOPMENT SCENARIO
653 EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
Land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial sa. FT. 470 26,386 56 26.386 56 0 0
Office sa. FT. 285 57,900 203 57,900 203 0 0
Industrial sa. FT. 550 0 0 0 0 0 0
Warehouse sa. FT. 750 0 0 0 0 0 0
Hotel ROOMS 1 222 222 322 322 100 100
Single Family D.U. 0 0 '0 0 0 0 0
Multi Family D.U. 0 13 0 37 0, 0 24
Other sa. FT. 285 1,888 7 1,888 7 0 0
- -
TOTAL 488 588 100
654 EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Changeln Changeln
Land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial sa. FT. 470 96,496 205 98,086 209 3 1,590
Otfice sa. FT. 285 10,500 37 10,500 37 0 0
Industrial sa. FT. 550 0 0 0 0 0 0
Warehouse sa. FT. 750 0 0 0 0 0 0
Hotel ROOMS 1 32 32 48 48 16 16
Single Family D.U. 0 0 0 0 0 0 0
Multi Family D.U. 0 17 0 17 0 0 0
Other sa. FT. 285 1,541 5 1,541 5 0 0
TOTAL 280 299 19
653.WK1
'---'~~_._-
.
D 1,o~o2 C
. 9546 2L 7085
L 2L
W 23AD AVENUE /
GOLF ROAD
N.T.S.
F
128900 ::J
6LE CZ D
~w 23356
w C5> 4LD
:;) t:;~
.... wQ
....
~ a:Z
()CII
Cf) ü5w
Cf) Z
w
a:
CJ
z
C
U
C C
C 6768 8849
27294 2L 2L
6LD
B C
11852 8614
3L 2l
B
F 11856 B
37783 E D 3L 13869
4LD 31318 20720 3l
4LD 4LD
ATI..ANTIC AVENUE
D
9922
2L
C D
20756 10054
6LO 2L 0
10842
w w 2l
> >
0 ~ ~ LEGEND
F 11084 :I: :I: C-lEVEl OF SERVICE
130400 2l ~
8lE SW 10TH STREET CD 14430-1990 AO T
4LO-ROAOWAY LANEAGE
LOS -0" SERVICE VOLUMES
0 0 2l 13700
32380 0 32875 3L 25600
6LO 41319 6LO 4L 24160
6LO . \ 4LD 30200
LINTON BOULEVARD
6LO 46300
8LX 110700
II EXHIBIT 3-2A
DELRA Y BEACH GAE EXISTING DAILY TRAFFIC CONDITIONS
.
#90868.01 5/24191
EXHIBIT 3..;1 (Cont.)
.
CITY OF DELRA Y BEACH GAE
EMPLOYMENT CALCULATIONS
EXISTING AND PROPOSED DEVELOPMENT SCENARIO
GRAND TOTALS EXISTING DEVELOPMENT SCENARIO (PROPOSED)
Emp. Change In Change In
Land Use Units Factor Intensity Emps. Intensity Emps. Emp. Intensity
Commercial sa. FT. 470 1,018,044 2,166 1,237,466 2,633 467 219.422
Office sa. FT. 285 654,394 2,296 649,486 2,279 -17 (4,908)
Industrial sa. FT. 550 89,146 162 180,118 327 165 90,972
Warehouse sa. FT. 750 181,930 243 151,092 201 -41 (30,838)
Hotel . ROOMS 1 381 381 550 550 169 169
Single Family D.U. 0 145 0 91 0 0 (54)
Multi Family D.U. 0 294 0 1,011 0 0 717
Other sa. FT. 285 120,962 424 165,374 580 156
GRAND TOTAL 5672 6571 899
TOTAL.WK1
.
. 24-~ay-91 EXHI8IT 3-28
DELRAY 8EACH DOWNTOWN CORE GAE
.
EXISTING TRAFFIC CONDITIONS (1990)
-------------------------------------------------------------------------------------------------------------------------
: Roadway I I I Number I Functional I 1990 I Service :Current:
I I I t I I
: Segment : From : To : of Lanes : Classification I ADT (1) : Volume (2): LOS :
I
-------------------------------------------------------------------------------------------------------------------------
SW 23rd Avenue Congress Ave Sea crest 8lvd 2L County Collector 10302 13700 D
( Go 1f Road) Seacrest Blvd Federal Hwy 2L County Collector 7085 moo C
NE 8th Street (3) Swinton Ave NE 2nd Ave 2L City Collector 6548 (4) 13700 C
NE 2nd Ave NE 5th Ave 2L City Collector 6548 (4) moo C
NE 5th Ave NE 6th Ave 2L City Collector 6548 (4) 13700 C
NE 6th Ave AlA 2L City Collector 6548 moo C
Lake Ida Road Congress Ave Swinton Ave 2L County Collector 14 5 90 moo E
(N 4th Street) Swinton Ave NE 2nd Ave 2L County Collector 9484 (4) 13700 D
NE 2nd Ave NE 5th Ave 2L County Collector 6899 (4) 13700 C
NE 5th Ave NE 6th Ave 2L County Collector 4308 (4) 13700 C
Atlantic Avenue Congress Ave I-95 4LD State Prine. Arterial 37783 30200 F
I-95 NW 4th Ave 4LD State Prine. Arterial 31318 30200 E
NW 4th Ave Swinton Ave 4LD State Prine. Arterial 20720 30200 D
Swinton Ave NE 5th Ave (3) 2L City Collector 9719 13700 C
NE 5th Ave NE 6th Ave 4L State Minor Arterial 10066 (4) 24160 C
NE 6th Ave AlA 4L State Minor Arteria1 10412 24160 C
SW 10th Street (3) Congress Ave Germantown Rd 2L City Collector 11084 13700 0
Germantown Rd Swinton Ave 2L City Collector 11838 (4) 13700 0
Swinton Ave Dixie Hwy 2L City Collector 7861 (4) 13700 C
Oixie Hwy Federal Hwy 2L City Collector 12892 (4) 13700 0
Linton Boulevard Congress Ave I-95 6LD County Minor Arterial 32380 46300 0
1-95 Germantown Rd 6LO County Minor Arterial 41319 46300 D
Germantown Rd Swinton Ave 6LD County Minor Arterial 32875 46300 D
Sw i nton A v'e Federal Hwy 6LO County Hinor Arterial 32875 (4) 46300 D
Federal Hwy AlA 4LO County Minor Arterial 14430 30200 C
FOOTNOTES: (1) Source: Palm Beach County HPO 1990 Traffic Count Map.
(21 Service volumes for each roadway cross-section.
Roadway Laneages LOS A LOS B LOS C LOS D LOS OlE (6) LOS E
2L * * 9200 13700 1455Q :5400
3L I-Way * 14900 22700 25600 26400 moo
4L * * 16080 24160 25360 26560
4LD * * 201QO 30200 31700 33200
6LD * * 30700 46300 48250 50200
6LX 41700 64300 91600 11070-0 114850 119000
* Cannot be achieved.
(3) City Streets.
(4) Estimate based on peak hour turning movement counts, daily approach counts and/or nearest 24 hour counts.
(51 1991 twenty-four (24) hour counts conducted by the City of Delray Beach.
(6) Maximum volume allowed without CRALLS designation.
2H!ay-91 EXHIBIT 3-2B ¡Cant.)
.
DELRAY BEACH DOWNTOWN CORE GAE
.
EXISTING TRAfFIC CONDITIONS (1990)
---------------------------------------------------------------------------------------------------------------------.---
: Roadway I I I Number I Functional I 1990 I Service :C~rrent;
I I t t I ,
: Segment : From : To : of Lanes : Classification I ADT (1) : Volume (21: LOS :
I
---------------------------------------------------------------------~---------------------------------------------------
Congress Avenue SW 23rd Ave Lake Ida Rd 6LD County Hinor Arterial 27294 46300 C
Lake Ida Rd Atlantic Ave 6LD County Minor Arterial 25322 (4) 46300 C
Atlantic Ave SW 10th St 6LD County Hinor Arterial 20756 46300 C
SW 10th St Linton Blvd 6LD County Hinor Arterial 18666 (4) 46300 C
1-95 Woolbright Rd Atlantic Ave 6LX State Prine. Arterial 128900 110700 F
Atlantic Ave Linton Blvd 6LX State Prine. Arterial 130400 110700 F
Swinton Avenue NE 8th St Lake Ida Rd 2L County Collector 11985 (4) 13700 0
Lake Ida Rd NE 1st St 2L County Collector 8623 (5) 13700 C
NE 1st St Atlantic Ave 4L County Collector 13046 24160 ' C
Atlantic Ave SE 1st St 4l County Collector 10054 24160 C
SE 1st St SW 10th St 2L County Collector 9160 (4) 13700 C
Seacrest Blvd SE 23rd Ave NE 8th St 2L County Collector t 2671 (4) 13700 0
(NE 2nd Avenue) NE 8th St Lake Ida Rd 2L County Collector 7025 (4) . 13700 C
Lake Ida Rd NE 1st St 2L County Collector 6768 (5) 13700 C
Federal Highway SE 23rd Ave NE 8th St 4LD State Prine. Arterial 23356 30200 0
SE 10th St Linton Blvd 4LO State Prine. Arterial 26923 30200 D
5th Avenue HE 8th St Lake Ida Rd 3L I-Way State Prine. Arterial 10823 25600 B
Lake Ida Rd Atlantic Ave 3L I-Way State Prine. Arterial 11858 25600 B
Atlantic Ave SE 10th St 3L 1-Way State Prine. Arterial 12048 25600 B
6th Avenue NE 8th St Lake Ida Rd 3L I-Way State Prine. Arterial 11852 25500 B
Lake Ida Rd Atlantic Ave 3L I-Way State Prine. Arter1al 13669 25600 B
Atlantic Ave SE 10th St 3L 1-Way State Prine. Arter1a] 13008 25600 B
A1A Woolbright Rd HE 8th St 2L State Minor Arterial 8849 13700 C
NE 8th St Atlantic Ave 2L State Minor Arterial 9268 (4) 13700 0
Atlantic Ave Li nton Blvd 2L State Minor Arterial 10842 13700 0
FOOTNOTES: (1) Source: Palm Beach County MPO 1990 Traffic Count Mac.
(2) Service volumes for each roadway cross-sect1on.
Roadway Laneages LOS A LOS B LOS C. LOS 0 LOS DIE (6) LOS E
2L * * 9200 13700 14550 15400
3L 1-Way * 14900 22700 25600 26400 27200
4L * * 15080 24160 25360 26550
4LO * * 20100 30200 31700 33200
6LO * * 30700 46300 48250 50200
6lX 41700 64300 91600 110700 114850 119000
* Cannot be achieved.
(31 City Streets,
(4) Estimate based o.n peak hour turning movement counts, daily approach counts and/or nearest 24 hour counts.
(5) 1991 twenty-four (24) hour counts conducted by the City of Delray Beach.
(6) Maximum volume allowable without CRALlS designation.
--'-""-
.
.
EXHIBIT 3-3
DELRAY BEACH'DOWNTOWN CORE GAE
TRIP GENERATION RATES
DAILY AM PEAK PM PEAK
In/Out In/Out
LAND USE Rate/Equation Rate/Equation Split Rate/Equation Split
Commercial Ln(T)=O,65Ln(x)+5,92 In(T)-o,80Ln(x)+2.4 (70/30) Ln(T)-o,52ln(x)+4,04(1 ) (48151)
T -2,58(x)+381 (2) (47/53)
Service Ln(T)-O. 75Ln(x)+3, 77 Ln(T)-0.88Ln(x)+1,3 (87/13) Ln(T)-o,83Ln(x)+1.48 (18/84)
Industrial 8.967/1.000 SF Ln(T)-O, 70Ln(x)+ 1.5 (88/12) Ln(T)-o.71 Ln(x)+1.47 (12/88)
Warehouse 4,882/1.000 SF 0,58911.000 SF (78/24) 0.740/1.000 SF (32/88)
Hotel 8,704/Room O,704/Room (88134) O,884IRoom (54148)
Single-Family 10,0821DU O,754IDU (27"3) 1,OO5/DU (83137)
Multi-Family 7,OOIDU 0.525/DU (27"3) O.888IDU (83137)
Post Office 88.78/1.000 SF 5.302/1.000 SF (53147) 8.781/1.000 SF (51/48)
Civic 25,00/1.000 SF 2,2511.000 SF (88/11) 2.857/1.000 SF (31/88)
Ubrary Ln(T)-o,384Ln(x)+8.093 O,ge/1.000 SF (83117) 4,74/1.000 SF (48152)
(1) Greater than 175.000 SF
(2) Le.. than 175.000 SF
Questrip.wk1
.
.
EXHIBIT )-4
DELRAY BEACH DOWNTO~ CORE GAB
PLANNING AREA AND GAB DEVELOPMENT PHASING
NET CHANGE IN· LAND USES
PHASE I
Planning Area GAE Area
Land Use Intensity , Intensitv
Commercial 142,445 SF 140,855 SF
Office ( 491) SF (491) SF
Industrial 4,549 SF 4,549 SF
Warehouse (1,542) SF (1,542) SF
Hotel 169 Rooms 53 Rooms
single-Family (11) DU ( 11) DU
MUlti-Family 143 DU 119 DU
Other 44,412 SF 44,412 SF
BUILDC;>UT
planning Area GAE Area
Land Use Intensity Intensitv
Commercial 219,422 SF 217,832 SF
Office (4,908) SF (4,908) SF
Industrial 90,972 SF 90,972 SF
Warehouse (30,838) SF (30,838) SF
Hotel 169 Rooms 53 Rooms
single-Family (54) DU (54) DU
MUlti-Family 717 DU 693 DU
Other 44,412 SF 44,412 SF
_.<--",,-. . ~m_~_
·
EXHIBIT 3-5
DELRAY BEACH DOWNTOWN CORE GAE
PLANNING AREA TRIP GENERATION BY PHASE
PHASE I
Total AM Peak PM Peak
Land Use Dailv In Out In Out
Commercial 10,017 166 72 413 454
Office (6) (1) 0 0 (1)
Industrial 32 6 1 1 6
Warehouse (8) ( 1) 0 0 ( 1)
Hotel 1,472 78 41 61 51
Single-Family (109) (2) (6) (7) (4)
MUlti-Family 1,004 20 55 59 41
Other 1. 901 ~ .....li .....1.2. 106
Total 14,303 365 202 602 652
I
BUILDOUT
Total AM Peak PM Peak
Land Use Dailv In Out In Out
Commercial 15,410 255 111 636 699
Office (62) (9) (2) (2) (8)
Industrial 634 121 16 16 116
Warehouse (150) (13) (4) (8) (16)
Hotel 1,472 78 41 61 51
Single~Family (543) (10) (30) (35 ) (20)
MUlti-Family 5,019 102 275 295 207
Other 1. 901 ~ .....li .....1.2. 106
Total 23,681 623 436 1,038 1,135
·
EXHIBIT 3-6
DELRAY BEACH DOWNTOWN CORE GAE
NET NEW DAILY GAE TRAFFIC
PHASE I
Total Daily Atlantic Ave. Traffic From Net
Planning Area Beachside Existing Residential New Daily
Land Use Traffic Dailv Tr~ffic Vacant Uses Traffic GAE Traffic
commercial 10,017 327 3,145 6,545
Office ( 6) 0 352 (358)
Industrial 32 0 22 10
Warehouse (8) 0 33 ( 41)
Hotel 1,472 1,010 462
Single-Family (109) 0 (109)
MUlti-Family 1,004 34 970 0
Other 1. 901 0 1. 901
Total 14,303 1,371 3,552 970 8,410
Interzonal 2.861 275 710 194 1. 682
External , 11,442 1,096 2,842 776 6,728
BUILDOUT
Total Daily Atlantic Ave. Traffic From Net
Planning Area Beachside Existing Residential New Daily
Land Use Traffic Dailv Traffic Vacant Uses Traffic GAE Traffic
Commercial 15,410 503 3,145 11,762
Office (62) 0 352 (414 )
Industrial 634 0 22 612
Warehouse ( 150) 0 33 (183 )
Hotel 1,472 1,010 462
Single-Family (543) 0 (543)
MUlti-Family 5,019 168 4,851 0
Other 1. 901 0 1. 901
Total 23,681 1,681 3,552 4,851 13,597
Interzonal 4.736 336 710 970 2~720
External 18,945 1,345 2,842 3,881 10,877
.
. 1
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7 0" SW 10TH STREET
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LINTON BOULEVARD 2.0"
II EXHIBIT 3-7
DELRA Y BEACH GAE GAE TRAFFIC ASSIGNMENT
.
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&I PHASE. I. DA1L'-{ EXHIBIT 3-6"-
õEt'RA V13'EACH'GAE ìOTAL TQ AFf:""IC CONDITIONS
(\ 9~G )
v..
30-May-91 EXHIBIT 3-8B
. DELRAY BEACH DOWNTOWN CORE GAE
PHASE I TOTAL TRAFFIC CONDITIONS 11996)
--------------------------------------------------------------------------------------------------------------------~-----------
I I I : Number: 1996 I Total :. 1996 : LOS D I I Net New I , Net I
, I I I I I I I
: Roadway I I I of : Bkgd I PA : Total: Service I I GAE I New GAE :
I I I I I I I
: Segment : From I To I Lanes: ADT : Traffic: ADT : Volume (1): LOS :Traffic (2):Impact (3):
I I ----------------~---------------------------------------------------------------------------------------------------------------
SW 23rd Avenue Congress Ave Seacrest Blvd 2L 13032 57 13089 13700 D H o.a
(Golf Road) Seacrest Bhd Federa I Hwy 2L 8963 0 8963 13700 C 0 0.0'
NE 8th Street (4) Swinton Ave NE 2nd Ave 2L 8283 229 8512 13700 C 135 1. 0'
NE 2nd Ave HE 5th Ave ,2L 8283 343 8626 13700 C 202 1.5,
tiE 5th Ave HE 6th Ave 2L 8283 343 8626 13700 C 202 1.5S
NE 6th Ave AlA 2L 8283 114 8398 13700 C 67 0.5'
Lake Ida Road Congress Ave Swinton Ave 4LD (5) 18456 1602 . 20058 30200 C 942 3.11
(N 4th Street) Swinton Ave NE 2nd Ave 2L 11997 1945 13942 13700 E 1144 8.3'
NE 2nd Ave NE 5th Ave 2L 8727 2288 11016 13700 D 1346 9.8'
NE 5th Ave NE 6th Ave 2L 5450 1945 7395 13700 C 1144 8.3'
Atlantic Avenue Congress Ave 1-95 6LD (5) 43073 1201 44274 46300 D 706 1.5S
1-95 NW 4th Ave 6LD (6) 39617 2517 42135 46300 D 1480 3."
NW 4th Ave Swinton Ave 6LD (6) 26211 2517 28728 46300 C 1480 3.a
Swinton Ave NE 5th Ave (4) 2L 12295 1945 14240 13700 E 1144 8.3'
NE 5th Ave NE 6th Ave 4L 12733 . 1602 14335 24160 C 942 3.9'
NE 6th Ave AlA H 13171 458 13629 24160 C 269 La
SW 10th Street (4) Congress Ave Germantown Rd 4LD (5) 14021 629 14651 30200 C 370 La
Gefmantown Rd Swinton Ave 4LD (5) 14975 1430 16405 30200 C 841 2.8'
Swinton Ave Dixie Hwy HO (5) 9944 801 10745 30200 C 471 US
Dixie Hwy Federa 1 Hwy 4LD (5) 16308 801 17109 30200 C 471 US
Linton Boulevard Congress Ave 1-95 6LD 40961 114 41075 46300 D 67 0.11
1-95 Germantown Rd 6LD 52269 687 52955 46300 F 404 0.9'
Germantown Rd Swinton Ave 6LD 41587 114 41701 46300 D 67 O. a
Swinton Ave Federal Hwy 6LD 41587 915 42502 46300 D 538 1.2,
Federal Hwy AlA 4LD 18254 229 18483 30200 C 135 0.41
FOOTNOTES: (1) Service volumes for each roadway cross-section.
Roadway Laneage LOS A LOS B LOS C LOS 0 LOS DIE (7) LOS E
2L * J 9200 13700 14550 15400
3L ¡-Way * 14900 22700 25600 26400 27200
4L * J 16080 24160 25360 26560
4LD * * 20100 30200 317 00 33200
6LD * * 30700 46300 48250 50200
6LX 41700 64300 91600 110700 114850 119000
* Cannot be achieved.
(2) Net new GAE traffic equals total Planning Area (PA) traffic less traffic from existing
vacant uses, future residential traffic and Atlantic Ave Beachside traffic (See Exhibit 3-6A).
(3) Percent of LOS D service volume.
(4) City Roadways.
(5) Programmed roadway improvements.
(6) Restriping of roadway link to a six lane divided cross-section is required.
(7) Maximum volume allowable without CRALLS designation.
I Roadway links with greater than one percent (IS) net new traffic requiring
CRALLS designation.
30-May-91 EXHIBIT 3-8B (Cont,)
DELRAY BEACH DOWNTOWN CORE GAE .
PHASE I TOTAL TRAFFIC CONDITIONS (1996)
--------------------------------------------------------------------------------------------------------------------------------
I I I : Humber: 1996 I Total: 1996 : LOS 0 I I Net Neil I ~ Net I
I I I I I I I I
: Roadway I I I of : Bkgd I PA : Tota 1 : Service I I GAE I New GAE :
I I I I I I I
: Segment : From I To I Lanes: ADT : Traffic: ADT : Volume (1): LOS :Traffic (2):Impact (3):
I I -----------------------------------------------------------------------------------~--------------------------------------------
Congress A',enue SW 23rd Ave Lake Ida Rd 6LD 34527 687 35213 46300 0 404 o.n
Lake Ida Rd Atlantic Ave 6LD 32032 114 32147 46300 0 67 O. a
Atlantic Ave SW 10th St 6LD 29515 114 29629 46300 C 67 o,a
SW 10th St Linton Blvd 6LO 26543 343 26886 46300 C 202 O.U
1-95 Woo1bright Rd At1antic Ave 6LX 163059 458 163516 110700 F 269 0.2\
Atlantic Ave Linton Blvd 6LX 164956 801 165757 110700 F 471 O.U
Swinton Avenue HE 8th St Lake Ida Rd 2L 15161 343 . 15504 13700 F . 202 1.5,
Lake Ida Rd NE 1st St 2L 10908 1144 12052 13700 0 673 4.9'
HE 1st St Atlantic Ave 4l 16503 1831 18334 24160 0 1076 4,5'
Atlantic Ave SE 1st St 4L 12718 2403 15121 24160 C 1413 5.8'
SE 1st St SW 10th St 2L 11587 2517 141 05 13700 E 1480 10.81
Seacrest B1vd SW 23rd Ave NE 8th St 2L 16029 458 16486 13700 F . 269 2.0~
(HE 2nd Avenue) NE 8th St Lake Ida Rd 2L 8887 343 9230 13700 0 202 1.51
Lake Ida Rd HE 1st St 2L 8562 687 9248 13700 0 404 2.91
Federal Highway SW 23rd Ave NE 8th St 4LD 26509 915 27424 30200 0 538 1.81
SE 10th St Linton Blvd 4LD 30558 915 31473 30200 E 538 1.8%
5th Avenue HE/8th St Lake Ida Rd 3L I-Way 13691 687 14378 25600 B 404 1.5,
Lake Ida Rd Atlantic Ave 3L Hay 15000 1430 16431 25600 C 841 3.3%
At1antic Ave SE 10th St 3L Hay 15241 744 15984 25600 C 437 1.ì%
6th Avenue HE 8th St Lake Ida Rd 3L Hay 14993 587 15679 25600 C 404 l.H
Lake Ida Rd Atlantic Ave 3L 1-Way 17291 1430 18722 25600 C 841 3,31
Atlantic Ave SE 10th St 3L Hay 16455 744 17199 25600 C 437 1.ì%
AlA Woo1bright Rd NE 8th St 2L 11194 172 11356 13700 D 101 o.a
NE 8th St At1antic Ave 2L 11724 114 11838 13700 D 67 0.5%
Atlantic Ave Linton Blvd 2L 13715 229 13944 13700 E 135 1.0%
FOOTNOTES: (,1) Service volumes for each roadway cross-section,
Roadilay Laneage LOS A LOS B LOS C LOS 0 LOS DIE (7) LOS E
2L * * 9200 13700 14550 15400
3L Hay * 14900 22700 25600 26400 27200
4L * * 16080 24160 25360 26560
4lD * * 20100 30200 31700 33200
6LD * * 30700 46300 48250 50200
6LX 41700 64300 91600 110700 114850 119000
* Cannot be achieved.
(2) Net new GAE traffic equals total Planning Area (PA) traffic less traffic from existing
yacant uses, future residential' traffic and Atlantic Ave,Beachside traffic (See Exhibit 3-6A).
(3) Percent of LOS 0 service volume.
(4) City Roadilays.
(5) Programmed roadway improvements.
(6) Restriping of roadilay link to a six lane dlvided cross-section is required.
(7) Maximum vo1ume allowable without CRALLS designation.
. Roadilay links with greater than one percent (1%) net new traffic requiring
CRALLS designation.
·
4. a) Alternate Development Options
Based on a series of presentations, evaluations and discussions
the group arrived at a consensus that the Urban Center scenario
was realistic and generally desirable but should be modified in
order to protect the 'Village by the Sea" character deemed essential
to Delray Beach's preferred identity and quality of life. Theftnal
proposed development scenario reflected in this GAE application
is a composite entitled 'Village Center" derived from the
recommendations and comments made at the workshop of March
27, 1991.
The materials used at the workshop are included on the following
pages, as follows:
Exhibit 4-1 Workshop Agenda
Exhibit 4-2 Attenders Ust with Break-out Session ASsignments
Exhibit 4-3 TAZ Sub Area Map
Exhibit 4-4 Alternate Development Scenarios by TAZ Sub Area
Exhibit 4-5 Planning Sector Map ·
Exhibit 4-6 Alternative Development Scenarios by Planning
Sector ·
· Existing and Future Land Use data was re-aggregated on the
basis of more simplified geographic areas that the participants
could relate to.
In order to detenntne the impacts of the other development options
on achieving the Generally Adopted Level of Service on the area
roadways, a calculation of the buUdout external net new GAE daily
traffic was conducted. The Laissez Fatre scenario generates, at
buildout, 1870 external net new GAE daily trips with 6971 and
13326 being generated by the Urban Village and Urban Center
scenarios respectively. These volumes can be compared with the
10901 trips for the proposed GAE Application Area shown on
Exhibit 3-6A.
As can be seen from this calculation, the Laissez Fatre creates a .
m1nímal impact on achieving the Generally Adopted Level of Service
on the area roadways. Only m1nímal development of the downtown
area with no new residential development is included in this
scenario. Therefore, this scenario is not promoting urban 1nfill and
redevelopment and was subsequently rejected.
Delray Beach GAE 43
·
4. Alternate Development Options
a) Identify other development options that were evaluated and
rejected within the proposed GAE. Be speciftc about the land
use and development type, as wen as the m.pitude of each
development option. Please state the impact of each option
on achieving the Generally Adopted Level of Service and
include the reason for rejection for each.
On March 27. 1991. the City of Delray Beach held a day long
workshop to evaluate Central Business pistrict development
options. Over 75 members of the community attended and
participated in the general and break-out sessions throughout the
day.
During the course of the day. the group was presented with three
development scenarios. The three scenarios were referred to as
the 1) Laissez Faire. 2) Urban Village and 3) Urban Center
scenarios. and had different levels of intensity associated with
each. Exhibit 4-6 "Alternative Development Scenarios by Planning
Sector."swnmarizes the buildings square footages envisioned for
each scenario. The three scenarios can be characterized as
follows:
1) Laissez Faire - no strong vision or concept and no strong
commitment to a master plan. Continued conversion of
single family to service uses with no new residential
development. Overall under-utilization of the downtown area
with no concentrated effort on higher quality or attractive
new development. or redevelopment, or a commitment to
develop downtown as the community focal point.
2) Urban Village - strong commitment to a vision for
redevelopment and growth. Continued conversion of single
family to service uses but with some redevelopment to retail
uses and new multi-family construction. Some assemblage;
new development and redevelopment to a higher standard of
quality. Increased specialization in the market place with
strong "identity" niches established. 'e.g. Old School Square
Historic Arts District, Pineapple Grove neighborhood.
3) Urban Center - increased assemblage. new development
and redevelopment to higher intensities than the Urban
Village.
Delray Beach GAE 42
,~~. '.
.
. THE CENTRAL BUSINESS DISTRICT DEVELOPMENT SCENARIO
A WORKSHOP
WEDNESDAY,'MARCH 27, 19,91
8:30 a.m. to 4:00 p.m.
OLD SCHOOL SQUARE GYM
PURPOSE: To reach a consensus as to the Central Business
District (CBD) development scenario to be used in the City
of Delray Beach Geoqraphic Area of Exception (GAB)
application for relief from level of service (LOS) standards
contained in the Palm Beach County Traffic Perform¡nce
Standards Ordinance (TPO).
;. ;. 1";'/ "Ã ADVANCED REGISTRA~IOH ( *) IS REQUIRED *****
8:-30 CALL TO ORDER Kevin Egan, Chairman, CRA
8:45 Overview of planning for the Central Business District,
compliance with Traffic Performance Standards, and the
G.A.E. process
David J. Kovacs, Director
City Planning , Zoning
9:15 A current assessment of Downtown Delray Beach
Frank Spence, Director
C.R.A.
9:30 Creating a development image for the Central Business
District
Hank Skokowski-Consultant
Urban Design Studio
Andy Dalkhart, Economic Consultant
10:15 Comments and dialogue from the floor Bill Fountain, Exec.Dir
~~. WPB DDA
10:45 Pre$entation and Critique of Alternative Scenarios:
Panel discussion Ã.J'f economic, traftic, and
redevelopment experts
12:15 LUNCH - arrangements to be announced
1:00 Breakout groups
2:00 Presentations by groups re revised scenarios
,2: 30 Comments and dialogue from the floor
"
'3: 30 Closing commentary
4:00 Adjourn,
PLEASE MAKE ADVANCED REGISTRATION BY CALLING LORETTA @ 243-7061
OR THE C.R.A. @ 276-8640. Registration is needed for workspace
layout, lunch arrangements, and breakout qroup assignments.
EXt8'T 4-1
· '~
B R ~KOUT ASS I G N E N T S
/~. ,...-r :~. 1_ \:. :.'~ <-' ~. j'
KOVACS SPENCE SKOKOWSKI
CRA Kevin Egan Matt Gracey, Jr. Kathi Sumrall
Wanda Gadson Doyle Dudley Bob Federspeil
Clay Wi~eman
P&Z Mark Krall Lawrence Parker Bob Currie
Tom Purdo Rita Naron Jean Beer
DDA Paul Steele Skip Matteis Roy Simon
Chamber Of Kathy Shabotynskyj Ken Ellingsworth Ken Rohan
Commerce Buddy Owens Dick Sheremeta Jerry Taylor
Pineapple ·Frank McKinney Norman Radin Michael Weiner
Grove and Victor Neal Sandy Jamison Gene 'Fisher
O.S.S. Areas Bill Ayers John Baccari Mark Little
Atlantic Ave. Billie Linville Carolyn Cunningham Sandy Simon
and CBD Bob Chelsa Helen Hancock Chip Koval
Debbie Billard Alieda Riley Carolyn Zimmerman
Betty Diggins
Design James Peoples William Wilsher Christina Wood
Professionals Ruth Moguillansky Winslow Wedin William Morris
& Public
Agencies
Not Richard Eckerle Bill Andrews Walter Berry
Categorized Rosalind Murray Lee Noble Bill Swain
John Oer Stepanian Ken Simback Robert Palazzi
Steve Glazier Joan Peart
Media Tracy Allerton Anthony Marks Joe Newman
Jeff Perlman
City Staff Janet Meeks Victoria Johnson Ron Hoggard
Kerry Koen Jeff Kurtz Kathleen Dearden
Jacquie Nancy Davila Lula Butler
Not Assigned:
John Patrick - Videotaping
Bill Fountain
Kahart Pinder
Andy Dolkart
Dick Brinjorst
Kevin Conner
Loretta Heussi
EXtØT 4-2
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EXHIBIT 4-6
.
.
4. a) Alternate Development Options
The second scenario, Urþan Village, has a net new external daily
trip generation of thirty-six percent (36%) less than the proposed
GAE option. A change in the impacts on achieving the Generally
Adopted Level of Service are seen on only two roadways that are
to be excepted which include Lake Ida Road from Swinton Avenue
to NE 2nd Avenue and Swinton Avenue from SE 1st Street to SE
10th Street as compared with the proposed GAE impacts. The
proposed GAE requires an exception on these roadways of 1.02
WS D and 1.03 WS D for Lake Ida Road and Swinton Avenue
respectively. These exceptions were detennined to be acceptable
as compared with the beneficial impacts achieved with the increase
in residential development in the proposed GAE as compared with
the Urban Village.
The third scenario, Urban Center, has a net new external daily trip
generation 22% greater than the proposed GAE option. From a
traffic perspective, this scenario did not reduce the potential of
achieving. the Generally Adopted Level of Service on the area
roadways.
b) Describe what measures can be taken to mitigate the Impacts
on the roadway system due to development in the proposed
GAE. Discuss the possibWty of decreasing land use Intensity
and density within the area In the vicinity of the Downtown
Core GAE.
Roadway improvements currently programmed for segments of Lake
Ida Road and Atlantic Avenue will mitigate impacts on these
roadways. It is also proposed that Atlantic Avenue from 1-95 to
Swinton Avenue be restriped as a six lane divided facility to
mitigate traffic impacts.
The proposed GAE development scenario is a mix of residential and
non-residential land uses. This mix will result in an interaction
of trip productions and attractions between the uses.
Consequently, as discussed in other sections, approximately 27
percent of the daily trips will remain within the GAE area.
Without this mix of land uses the percentage of daily trips to and
from the GAE area would be higher.
Dekay Beach GAE 44
.
.
4. c) Altemate Development Options
c) Discuss what can be accompUshed by the fun implementation
of a TraffIc Systems Management (TSM) program with regards
to malJltenance of adopted levels of service. when appUed to
aU development scenarios being proposed.
Traffic Systems Management (TSM) programs are very detailed
plans for maximizing roadway and intersection capacities. Two
typical elements of a TSM program could include eUm1nation of
parking and signal coordination. The level of service thresholds
adopted in the 1990 Countywide Traffic Perfonnance Standards
Ordinance are very generalized standards. They do not include
such items' as the effects of parking and signal coordination.
Therefore, although a TSM program could be very effective in
improving roadway - and intersection capacities, the County
ordinance does not have. provisions for adopting or utilizing
alternate WS thresholds· based on TSM improvement programs.
Dekay Beach G~ 45-A
.
.
5. Public Benefits
a) Explain how the proposed GAE designation would be consistent
with or further the goals and poUcies within the local
government. adopted plan and within the adopted Countywide
Future Land Use Element.
The City's Comprehensive Plan was adopted on November 29,
1989, and Certified in compliance with Rule Chapter 9J-5 by the
Department of Community Affairs in February, 1990.
The proposed GAE designation is consistent with the City's
Comprehensive Plan and will further the goals and objectives
outlined in the Plan.
Goal Area "C" - Future Land Use Element of the Comprehensive
Plan states:
"Blighted areas of the City shaD be redeveloped and
renewed and shaD be the major contributing areas to the
renaissance of Delray Beach.
Objectives and policies are listed within this goal area of the Plan.
The Central Business District, which is located entirely within the
boundaries of the GAE, is described in the Plan as "the essence
of what is Delray Beach i.e. a 'village like, community by the sea'.
The continued revitalization of the CBD is essential to achieving
the overall theme of the City's Comprehensive Plan of 'A City Set
Apart In South Florida"'. The Plan further states that the Zoning
Code will be amended to encourage:
- incentives for locating retail on the ground floor with
office and residential use on upper floors;
- accommodation of parking needs through innovative
actions;
- incentives for dinner theatres, playhouses, and other
family oriented activities;
- allowance and facilitation of outdoor cafes;
- elimination of side yard setback requirements;
- allow area of structural overhang encroachments into
required yard areas;
- incentives for mixed use development and
rehabilitations
Delray Beach GAE 45-5
·
v
5. PubUc Benefits
While all of these items have been incorporated into the Land
Development Regulations adopted in 1990, it is important to note
that this alone is not sufficient to revitalize the CBD. In order
for the City to realize its vision of the CBD, it is necessary to
breathe new life into the downtown. This calls for the addition of
major retail attractions to expand the market area, its re-
establishment as an employment center, and continued
enhancement and expansion of cultural faciUties. In essence, the
revitalization of the CBD is dependant upon the City's abiUty to
attract people to the area; to live, to work and to shop. The
approval of the GAE would further the City's' goals by allowing the
increases in traffic which will undoubtably occur as a result.
The proposed GAE designation is also consistent with and furthers
a number of goals, objectives and policies of the Countywide
Future Land Use Element. Among them are the following.
Obfective 1.7 - To guide future development throughout Palm
Beach County through the Countywide Future Land Use Element
by promoting a process and techniques to achieve community
standards of redevelopment, urban form and quality of life.
Policy 1.7.3 - The Planning Council shall meet the 9J-5.006(3)(b)2
F.A.C. requirement to encourage the redevelopment and renewal
of blighted areas through objectives included in each local
government's adopted comprehensive plan.
Policy 1.7.4 - The Planning Council shall encourage local
government to utilize land use patterns and land development
regulations such as the traditional town planning concept as a
growth management to accomplish the following: create a balance
between the locations of jobs and housing; reduce the automobile
trips generated by travel to and from work, shopping, and
recreation; preserve open space; reduce infrastructure needs; and
facilitate the provision of affordable housing.
Policy 1.7.5 - The Planning Council shall encourage "concentrated
urban development" and urban inftll and' development and shall
favor development within urban service areas when amending the
Countywide Future Land Use Element.
Dekay Beach GAE 46
.
.
5. PubUc Benefits
Policy 1.7.6. - The Planning Council shall encourage the
development and redevelopment of downtown centers which utilize
broad citizen participation in setting urban design standards and
increase economic. cultural. educational. and recreational
opportunities.
Policy 1.7.7. - The Planning Council shall encourage the
development and maintenance of urban centers.
Goal 7 - It is the GOAL of the Planning Çouncil to encourage
recognition of the importance of the historic resources of Palm
Beach County and to ensure the preservation and enhancement
of these resources.
S.b) Discuss the benefits eipected to be derived from any
additional development allowed to go forward under the
exception in terms of furthering regional and local goals.
As referenced above. the development and redevelopment of the
downtown allows the City of Delray Beach to further a number of
local and regional goals. The benefits· the City and County derive
by achieving these goals include the following:
- Redevelopment of one of the oldest downtowns in Palm
Beach County by enhancing it's economic viability and
establishing it as the symbolic. active. and healthy
heart of the community.
- Reduction of the spread of blight in the City by
allowing development and redevelopment. thereby
reestablishing the tax base for the City;
- Refocusing the downtown to a mixed use center
integrating a number of uses and providing urban
housing alternatives.
- Furthering historic preservatioI1 objectives and retention
of the character of the City by maintaining the
historical structures in their existing locations and
preserving the overall village-like urban character of
the downtown.
DelrayBeach ~ 47
-...--
·
:
,
5. PubUc Benefits
- Reduction of commuter trips into the GAE by providing
both residential and employment opportunities.
- Discourage urban sprawl by refocusing development
opportunities onto. an existing urban area.
- Full utilization of existing infrastructure:
c) Analyze the ability of affected local governments to
accommodate development consistent with the Future Land
Use elements of their Comprehensive Plans and the
Countywide Future Land Use Element.
Dekay Beach G~ 48
·
:
,
The following section ECONOMIC ANALYSIS/MARKET STUDY was responded
to by Andy Dolkart with Kenneth Laventhal & Assoc, economic consultànts.
Mr. Dolkart has previously prepared a report for Delray Beach entitled
"Economic and Fiscal Impacts for a Proposed Department Store " prepared in
1989. Mr. Dolkhart also participated in the CRA's March 27th pubUc
workshop held to evaluate alternate development scenarios for downtown
development.,
Delray Beach GAE 49
·
:
,
6. Economic Analysis/Market Study
6.a) Discuss the· economic feasibility and the economic impact
of the GAE. Include discussion on the economic impact of
not granting the GAE.
As discussed in Section l.d. preceding, the land use scenario
for the GAE envisions its continued development in accordance
with a 'Village Center" concept, with such development
occurring over a period of twenty years. The planned
development of the GAE will in part be accommodated through
infill activity on the 17+ acres (P.A.), 15+ acres (GAE) of
currently vacant land, with the bulk of the new development
occurring through redevelopment of currently marginal and/or
deteriorating properties. Total non-residential building area is
planned to increase approximately 319,060 (P.A.), 316,470 (GAE)
square feet with the emphasis on retail and industrial uses.
The only significant land use change is a planned increase in
multi-family residential units, with such units increasing from
294 (P.A.), 264 (GAE) to slightly over 1,011 (P.A.), 957 (GAE).
Given the attenuated period in which the modest amounts of
incremental development proposed for the GAE is projected to
occur together with the substantial amounts of demographic
and economic growth projected for Palm Beach County during
that period, detailed economic feasibility and impact analysis
was not undertaken for the purpose of this application.
Rather, consideration was given to the fundamental question of
whether it is reasonable to expect that the GAE could, in
principal, potentially capture the small share of the dynamic
Palm Beach County market that will be required to support the
incremental increase in developmental levels being proposed.
In addressing this question, it should be first noted that 60,000
square feet of the proposed incremental increase in non-
residential space is related to the capture of a 60,000 square
foot specialty department store. Negotiations with a specific
retailer with respect to this initiative are ongoing. Successful
conclusion of these negotiations is partially dependent upon the
approval of this application. A study prepared in 1989 by the
firm of Laventhol & Horwath indicated that construction of the
proposed department store could potentially provide impetus for
an additional 85,000 square feet of new retail space as well as
better utllization of existing facilities.
Delray Beach GAE 50
.
.
6. Economic Analysis/Market Study
It is, of course, recognized that there is presently an over-
supply of retail space in Palm Beach County generally and the
greater Delray Beach area specifically. However, this current
market condition should not be over-emphasized when
considering a twenty year program. Additionally, there is
evidence in several locations throughout South Florida that
consumers are again being attracted by the more interesting
environments of downtown/urban neighborhood plans rather
than more sterile suburban shopping centers. Examples of this
trend are Coconut Grove ,and Mizner Center in Boca Raton.
Vitality of retail areas' -- particularly those in older downtown
areas -- has proven dependent on two primary factors which are
as follows: .
- The existence of a sufficient' amount of quality retailing,
i.e., a critical mass, to attract potential customers: and
- Proximity of a residential consumer base that can provide
activity into the evening houts.
The proposed plan for the GAE recognizes these realities with
its emphasis on both retail and multi-family residential
development. Further, the high occupancy rates of multi-family
residential units in such locations as Coconut Grove, South
Beach (Miami Beach), and Mizner Park indicates that a segment
of the market at a wide range of prices is attracted to
residential environments that combine housing and commercial
uses in a "village-like" ambiance. -
The other main thrust of the proposed GAE plan is its
increased amount of industrial space in the Pineapple Grove
area, perhaps with a thematic focus toward arts, crafts, design
professions and specialty construction services. The future
success of this particular initiative is hard to assess, likely
being dependent on good marketing and the early capture of a
few key tenants to set the tone. There is evidence in South·
Florida that initiatives of this type can work. Illustrative
examples are the Design District north of Downtown Miami and
the "Bird Village" area in Coral Gables., While success for this
concept is not easily predictable, the concept is worthy of
support for the following reasons:
Delray Beach GAE 51
·
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,
6. Economic Analysis/Market Study
- The revitalization of the core of the GAE as a
retail/residential area requires stabilization of its fringe
areas such as Pineapple Grove; and
- Successful industrial redevelopment of Pineapple Grove
could provide enhanced economic opportunities for the
economically disadvantaged areas immediately west of the
GAE through job creation on the order of 78 new
positions.
Without the GAE, the inìtiatives and positive impacts discussed
above would essentially be unrealized since the current T.P.S.O
would limit growth in the area to 24,000 square feet of space.
It should also be noted that the proposed GAE plan is
consistent with the intent of much of the State's growth
management objectives which seek better utll1zation of our
existing resources and infrastructure.
6.b) Describe the impact of the proposed GAE on development
and redevelopment efforts both inside and outside the
proposed GAE.
The impact of the proposed GAE on new development efforts
inside the GAE is expected to be rnin1mal given the limited
amounts of vacant land contained within the designated area.
Outside the GAE, the impact on new development efforts will
vary but is not expected to be adverse in any regard. More
specifically, the proposed GAE should have positive impact on
the Atlantic Avenue corridor between the GAE and Interstate 95
since the enhanced economic activity within the GAE will
heighten both traffic and interest in this area. Potential positive
effects would be augmented commercial activity along the
corrtdor as well as infill and redeveloped housing adjacent to
the corridor resulting, in part, from better utll1zation of the
area's currently underemployed work force.
Other potentially affected areas would be along Federal Highway
both north and south of the GAE and the Linton Boulevard
corridor. However, the market orientation of these areas Is
distinctly different than that of the GAE. Hence, development
efforts in these. areas should not be impacted by the GAE.
Dekay Beach GAE 52
.
.
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,
6. Economic Analysis/Market Study
As discussed previously in this application. the GAE has long
been designated a redevelopment area under the provisions of
Chapter 163. Florida Statutes. Further. the City and its
redevelopment agency have been actively involved for a period of
years in removing the conditions of slum and/or blight that
caused such designation as well as enhancing the overall GAE.
Many of these efforts are now bearing fruit in terms of
substance and aesthetics. Critical to the long term success of
these efforts. however. will be the ability to develop the
currently vacant acreage within the GAE as well as to upgrade
the marginal and/or det~rioratlng properties to more productive
use. Within ' this. redevelopment initiatives of particular
importance are as follows:
- Capture of an anchor retailer such as the specialty
department store discussed in the preceding section to
assure a critical mass of retail activity;
- Integration of residential uses within the GAE to bolster
the 'Village Center" concept as well as the retail
environment; and
- Stabilization of the edges of the area such as Pineapple
Grove to assure both stability and economic vitality within
the area and better relationships and enhanced economic
opportunity for the economically disadvantaged areas
neighboring the GAE.
Another important redevelopment initiative that will benefit from
increased residential and commercial activity within the GAE is
the Old School Square Cultural Center. This project Is in many
ways the notable symbol of redevelopment efforts in Downtown
Delray Beach to date. Its viability is. however. dependent on
high utll1zation which Is more likely to occur as a result of the
GAE plan.
DelrayBeach GAE 53
·
,
,
6. Economic Analysis/Market Study
As discussed above, the areas outside the GAE such as Federal
Highway North and South and the Unton Boulevard corridor
have different market orientations than the GAE. Accordingly,
redevelopment efforts in those areas are not directly related to
the GAE plan. However, a strong downtown should serve to
strengthen economic activity within its entire area of influence,
believed in this case to be an area of two to three miles from
the GAE. As previously discussed, there should be definite
positive impact on redevelopment in the Atlantic Boulevard
corridor to the west.
6.c) Evaluate the relationship of jobs created to the availabiUty
of housing for prospective employees.
The GAE plan envisions the creation of approximately 780 new
jobs over the twenty year implementation period. The relatively
small number of jobs and the attenuated program timetable
suggest that its realization will not adversely impact either
housing supply and/or commutation capabilities.
Notwithstanding, the plan is based on careful consideration of
the relationship of jobs created to the availability of housing for
prospective employees.
In this regard, the preponderance of the jobs created will be in
the retail and low to medium technology industrial sectors.
There is an existing population/ employee base within walking
distance of the GAE to the west, which is currently
underemployed and capable of perfonning many of the jobs
likely to be created as a result of the GAE plan. Further,
within the area to the immediate west of the GAE there are
clearly areas that could accommodate both inftll activity and
redevelopment activity. Hence, enhancement of the economic
vitality of the GAE should positively impact this neighboring
economically and developmentally disadvantaged area while
providing good residential/workplace relationships.
In addition, a major thrust of the GAE plan is the integration of
multi-family residential uses with non-residential uses. While
the specific. pricing profile of the proposed 693 new residential
units is not presently defined, it is likely that a portion of the
new employees will find housing within the GAE. Alternatively,
persons presently employed in the area may relocate to it. .
Dekay Beach GAE 54
..
·
·
·
7. Other Information
Provide any other related information which would assist in
. evaluating the beneftts and justification of the Downtown Core
GAB.
Delray Beach GAE 55
, / I ./ ;', '
,-- / ¿ {,-- {'-1... ,j, -1-1-',,",,"'-.
. .
, DEPARTMENT OF ENVIRONMENTAL SERVICES
- MEMORANDUM
TO: DAVID T. HARDEN
CITY MANAGER
THRU: WILLIAM H. GREENWOOD &J:íJb
DIRECTOR OF ENVIRONMENTAL SERVICES
FROM: MARK A. GABRI EL ()t( 91
ASST. DIRECTOR OF ENVIRONMENTAL SERVICES/CITY ENGINEER
DATE: MAY 23, 1991
SUBJECT: PRELIMINARY INVESTIGATIONS OF SWINTON AVENUE
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
In response to City Commission request, the Environmental
Services Department staff have completed a cursory investigation
of Swinton Avenue from southwest 10th Street to the the north
City limit, this analysis does not include right-of-way
acquisition which may be required and presumes that the existing
number of travel lanes will be maintained.
1. Southwest 10th Street to Southwest 4th Street
a) The pavement is in need of repair especially from SW
6th Street to SW 4th Street. The pavement is cracked
in several places and the edge of pavement and
shoulders need work.
b) The sidewalks on the east side of the road are cracked
and need to be replaced. Swales don't exist and there
is no drainage system to receive runoff. Power poles
are within 4 to 6 feet of the edge of pavement.
2. Southwest 4th Street to Atlantic Avenue
a) The sidewalk on the east side of the pavement floods
during periods of heavy rainfall and is in some places
deteriorated. Swales do not exist. The pavement is in
fair condition with some small longitudinal cracks.
b) The right side of the right-of-way (looking north) is
quite low when compared to the left side. Power poles
are within 4 to 6 feet of the edge of pavement.
3. Southwest 2nd Street to Atlantic Avenue
a) The pavement between SW 2nd Street and Atlantic Ave. is
new and is well drained with curb and gutter.
- 1 - ~3
- .
..
4. Atlantic Avenue to Northeast 1st street
a) This section is in good condition with drainage, curb
and gutter, and sidewalk.
S. Northeast 1st Street to Lake Ida Road
a) The adjacent properties on each side of Swinton Avenue
are low and the sidewalks flood under heavy rains.
There are no swales to receive drainage.
b) The pavement is in fair shape with some minor
longitudinal cracking. There are several places that
the sidewalks need replacement.
6. Lake Ida Road to Northeast 22nd Street
å) The sidewalks in this area flood during heavy rains,
and there are no swales. Drainage is absent at several
places. The power poles are behind the sidewalks
except between NE 8th Street to NE 2nd Street.
b) The pavement is in fair condition with some minor
longitudinal cracks.
7 . Northeast 22nd Street to City Limits
a) The pavement is new and in good condition. The road is
well drained except for some minor ponding at a few
intersections and driveways.
b) Swales and drainage exist and appear to be functioning.
Power poles are behind the sidewalks.
Attached is a graphic representation of the aforementioned
comments. A very preliminary cost estimate indicates that the
minimum cost of correcting these deficiencies would be
$ 400,000.00. Should the Commission desire to continue to
pursue the acquisition of Swinton a more detailed cost analysis
will be provided. Comments concerning the drainage problems will
be forwarded to the County for action.
MAG:kt
cc: MGDHS23.kt -
Interoffice Memos: Memos to David T. Harden, City Manager
Attachment
- 2 -
·
...
~ -
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~ CITY of DELRAY BEACH ~ I I
ENVIRONMENTAL SERVICES DEPARTMENT
434 SOUl'll UIJITON AVEIIUI. DEU.AY WCB, !UlRIDA 334U
[IT' DF ,DELRAY BEA[H
100 N,W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243· 7000
MEMORANDUM
TO: Mayor and City Commission
FROM: William Greenwood, Director Environmental Services ~ctf
SUBJECT: RETROFITTING OF BACKFLOW PREVENTERS
DATE: May 31, 1991
The action before the Commission is that of providing direction on the
retrofitting of backflow preventers on all commercial, multi-family and
residential customers in Delray Beach.
We are mandated by Florida Administrative Code 17-550, 17-555 and
17-650, as well as, Palm Beach County Environmental Control Rule II to
establish a routine cross connection program.
We are recommending that notifications be sent out in our monthly
mailing explaining the program and ho,., and where the device will be
installed. More detailed program information is attached.
THE EFFORT ALWAYS MATTERS ~S!t
Ii -
,
.
Agenda Item No.:
AGENDA REQUEST
Date: April 11, 1991
Request to be placed on:'
RegU~~n~~ Special Agenda X Workshop Agenda
When: ......May 7. ~ 1 I ;- .'
,
Description of agenda item (who, what, where, how much):
Staff requests City Commission to provide direction,.on the retrofitting of backflow
preventers on all comme~cial,.multi-family and residential custOTIlerS in Delray Beach
as soon as possible.
ORDINANCE/ RESOLUTION ;JIRED: YES@ Draft Attached: YES/@
Recommendation: Staff recommends that we send out notifications in our monthly
mailing explaining our program, letting the customer know that we are required by
;... Florida Administrative Code 17-550, 17-555 & 17-560 and Palm Beach County Environ-
mental Control Rule II to establish a routine Cross Connection Control Program. and
hn~ ~nn ~hprp ~h~ d~vi~p. will he ;nAta'led by the customer (c.ommpr~iAl ~ m1llti-family
only).City will ins~all dual check~~e~e~ box. ~
Department Head S~gnature: """ ....(2"....-.. .
Determination of Consistency with Comprehensive Plan:
"!"
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all ite.s involving expenditura
of funds):
Funding av~ilable: YES/ NO
Funding al~ernatives: (if applicable)
Account No. & Description:
Account Ba::'ance:
City Manager Review:
Approved for agenda: & NO !f¡¡(,.j
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
f
· ,
£ITY OF DELRAY BEA£H
100 N,W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243,7000
MEMORANDUM
TO: Mayor and City Commissi0n
FROM: William Greenwood, Di~ector Environmental Services ~~
SUBJECT: RETROFITTING ~F BACKFLOW PRSVENTERS
DATE: May 31, 1991
The action before the Commission is tha: of providing di~ection on the
retrofitting of backflow preverters on all cO!ì\mercial, multi-family and
residential customers in Delray Beach.
We are mandated by Florida Adm~nistrative Code 17-550, 17-555 and
17-ó50, as well as, Palm Beach County Environmental Control Rule II to
establish a routine cross connection program.
We are recommending that notifications be sent out in our monthly
mailing explaining the program and how ~nd where the device will be
installed. More detailed program information is attached.
THE EFFORT ALWAYS MATTERS uJs (4
1
·, . .
DER 1991 DRINKING WATER STANDARDS, MONITORING, 17-550
- AND REPORTING
(7) "COAGULATION" means a process using co~gulant chemicals
and mixing by which colloidal and suspended materials are
destabilized and agglomerated into flocs.
( 8 ) "COMMUNITY WATER SYSTEM" means a public water system
which serves at least 15 service connections used .by year-round
residents or regularly serves at least 25 year-round residents.
(9) "CONFIRMATION SAMPLE" means a sample analysis or
analyses taken to verify the results of an original analysis.
Each sample for the analysis shall be taken or measured at the
same location in the water system as the original sample. The
results of the confirmation samples shall be ave~aged with the
original sample to determine compliance.
(10) "CONFLUENT GROWTH" means a continuous bacterial growth
covering the entire filtration area of a membrane filter used for
coliform detection, or a portion thereof, in which bacterial
colonies are not discrete.
( 11) "CONTAMINANT" means any physical, chemical, biological,
or radiological substance or matter in water.
(12) "CONVENTIONAL FILTRATION TREATMENT" means a series of
processes including coagulation, flocculation, sedimentation,
and filtration resulting in substantial particulate removal.
(13) "CROSS-CONNECTION" means any physical arrangement
whereby a public water supply is connected, directly or
indirectly, with any other water supply system, sewer, drain,
conduit, pool, storage reservoir, plumbing fixture, or other
device which contains or may contain contaminated water, sewàge
or other waste, or liquid of unknown or unsafe quality which may
be capable of imparting contamination ' to the public water supply
as the result of backflow. By-pass arrangements, jumper
connections, removable sections, swivel or changeable devices,
and öther temporary or permanent devices through which or because
of which backflcw could occur are considered to be
cross-connections.
(14 ) IICTII is the product of IIresidual disinfectant
concentration" (C) in milligrams per liter determined before or
at taps providing water for human consumption, and the
corresponding IIdisinfectant contact time" (T) in minutes.
(15) "DEPARTMENT" means the Department 'of Environmental
Regulation (DER) and, where the context is appropriate, its
employees ~r the¡employees of the Depar~ment of .Health and
Rehabilitative Services (HRS) , or the employees of the county
public health units.
17-550.200 (7) - 17-550.200(15)
-5- w-s/4
1-3-91
. '. I
['SI, :5S: l;[~!TTI1\G A1\:: Cm~8':'r~t.1CTI01\ :7-~55
. OF PUBLIC ~ATER SYSTEP.S
-
17-555.360 Cross Connection Control for Public Water Systems.
( 1) cross-connection, as defined in Rule 17-550.200, F.A.C. ,
is prohibited. However, a person who owns or manages a public
water system may interconnect to another public water system if
that system is operated and maintained in accordahce with this
Chapter. Community water systems shall establish a routine,
(2 )
cross-connection control program to detect and prevent
cross-connections that create or may create an imminent and
substantial danger to public health. Such program shall be
developed using accepted practìces of the American Water Works
Association guidelines as set forth in AWWA manuals m14, "Backflow
Prevention and Cross Connection Control," and "Cross Connections
and Backflow Prevention, I! 2nd Edition.
(3 ) Upon discovery of a prohibited cross-connection, public
water systems shall either eliminate the cross-connection by
'installation of an appropriate backflow prevention device
acceptable to the Department or shall discontinue service until
the contaminant source is eliminated.
(4) Only the following are considered to be backflow
prevention devices. They shall be installed in agreement with and
under the supervision of the supplier of water or his designated
representative (plumbing inspector, etc.) at the consumer's meter,
at the property line of the consumer when a meter is not used, or
at a location designated by the supplier of water or the
Department. The devices are:
(a) Air gap separation - A physical separation between the
free-flowing discharge end of a potable water supply pipeline and
an open or non-pressure receiving vessel. An "approved airgap
separation" shall be at least double the diameter of the supply
pipe measured vertically above the top of the r~m of the vessel.
In no case shall it be less than 1 inch.
(b) Reduced pressure backflow preventer - A device containing
within its structure a minimum of two indepenãently acting
approved check valves, together with an automatically operating
pressure differential relief valve located between the two check
valves. The first check valve reãuces the supply pressure a
predetermined amount so that during normal flow and at cessation
of normal flow the pressure between the checks shall be less than
the supply p~essu~e. In case of leakage of either check valve,
the differential 'celief valve, by discharging to the atmosphere,
shall operate to maintain the pressure between the checks less
than the supply pressure. The unit shall include tightly cloiin~
shutoff valves located at each end of the device, and each device
shall be fitted with properly located test cocks.
17-555.36.0 - 17-555.J60(~) (b)
- 17-
1-3-91
, , .
DER 1991 P£RY.ITTING AND CONSTRUCTION 17-555
.
. OF PUBLIC WATER SYSTE¥.S
(C) Atmospheric vacuum breaker - A backflow prevention device
which is operated by atmospheric pressure in combination with the
force of gravity. The unit is designed to work on a vertical
plane only. The one moving part consists of a poppet valve which
must be carefully sized to slide in a guided chamber and
I effectively shut off the reverse flow of water when a negative
pressure exists.
(d) Pressure vacuum breaker - A pressure vacuum breaker is
similar to an atmospheric vacuum breaker except that the checking
unit "poppet valve" is activated by a spring. This type of vacuum
breaker does not require a negative pressure to react and can be
used on the pressure side of a valve.
(e) Double check valve assembly - An assembly composed of two
single, independently acting, check valves, including tightly
closing shutoff valves located at each end of the assembly.and
suitable connections for testing the water tightness of each check
valve. A check valve is a valve that is drip-tight in the normal
direction of flow when the inlet pressure is one psi and the
outlet pressure is zero. The check valve shall permit no leakage
in a direction reverse ,to the normal flow. The closure element
(e. g. , clapper) shall be internally weighted or otherwise
internally loaded to promote rapid and positive closure.
(f) Residential Dual Check - A compact unit manufactured
with two independent spring actuated check valves. The
residential dual check is acceptable only as added back-flow
prevention in areas served by reuse systems defined in Chapter
17-610, Part III, F.A.C. , when the cross connection control
program identifies activit~es specific to (5) (a) and (5) (b) of
this section.
(5) Cross connection control programs specific to reuse
systems defined in Chapter 17-610, Part III, F.A.C. , shall
consider the following:
(a) Enhanced public education efforts towards prevention of
cross connections.
(b) Enhanced inspection programs for portions of the
äistribution system in areas of reuse for detection and
elimination of cross connections.
(c) Dual check valves shall be considered acceptable for
reducing risks from back-flow only at residential properties
served by reclaimed water unless:
1. Local codes, ordinances, or regulations require greater
levels of back-Zlow prevention.
level 2. ,other hazards exist on the property that require a: greater
of back-flow prevention
specific Authority: 403.853(3), 403.861 (8) , F.S.
Law Implemented: 403.852(12), 403.853 (1), (3) , F.S.
History: New 11-19-87; Formerly 17-22.660; Amended 1-18-89,
1-3-91.
17-555.360(~) (c) -17-555.360(~isto=y)
- 18-
1-3-91
·
CITY OF- DEL RAY BEACH
MANUAL OF CROSS-CONNECTION POLICIES t ~
t
I
f
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INDEX
1. Introduction
2-8. Ordinance
9-A. Installation Instructions, R. P. , D.C., & P.V.B.
9-B. Installation Instructions, D.C.D.A. (Fire Lines)
9-C. Installation Instruction~, Above Ground Installations (Fire Lines)
10-15. Specifications for Reduced Pressure Assembly
16-21. Specifications for Double Check Valve Assembly
22-24. Specifications for Pressure Vacuum Breaker Assembly
25-27. Specifications for Double Check Detector Assembly (Fire Lines)
28. Backflow Device Test Report I I
(
·
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',,-- ..
i :! ¡; \", ~ rdÎf II ()f' ¡),\3:;.:~~.¡ .. .:,00 :>7;')<)~·;.¡1
Plumbers, Engineers and Lawn
Sprinkler Installers
SUBJECT: CROSS-CONNECTION CONTROL POLICIES
t ~
rhe following is the "Manual of Cross-Connection Control I
policies" from the City of Delray Beach - Public Utilities {
Department. The purpose of the policy is to allow persons active
in piping design and installation to incorporate and install
appropriate backflow prevention devices correctly.
This policy manual also serves as an outline of the Public
Utilities expanded responsibilities in insuring that water
quality is maintained.
We urge you to acquaint yourself with the policies and
information presented in this manual. It is only through the
education and commitment of persons like yourself that we can
control the hazards presented by cross-connections within our
public drinking water supply. The Public Utilities Department
stands behind this policy and its enforcement and will offer
assistance to all who share the responsibility of safe water.
I
Al Monteleone -
Superintendent of Water Distribution
Public Utilities Department
,
S 52.65 DSLRAY BEACH !!In 26
(B) If, after one full year from the S 52.67 APPLICATION OF PROVISIONS. (
date that the increased deposit was
required to resume service after The provisions of this subchapter
disconnection for a delinquency, there shall apply to all persons using water
has been no additional nonpayment both in and outside the city, whenever
disconnection, the customer may request the City Manager has determined that a
reduction of deposit to the current water shortage condition or that a water
deposit rate as set forth in the schedule shortage emergency exists. The City
in S 52.33. Manager shall declare that a water
('80 Code, S 29-25) (Ord. 23-82, passed shortage condition or water shortage
3-23-82, Aa. Ord. 53-86, passed 8-26-86) emergency exists within the city upon
such a declaration by the governing board
WAnR SHORTAGE EMERGENCIES of the South Plorida Water Management
District or the Department of
S 52.65 IN'l'EN'r AND PURPOSE. Environ.ental Regulation.
('80 Code, S 29-45) (Ord. 38-85, passed
It is the intent and purpose of this 4-23-85) .
subchapter to protect the water resources
of the city, from the harmful effects of S 52.68 WATER SHORTAGE PLAN ADOP't'ED BY
overutilization during periods of water REFERENCE ,AMENDMENTS.
shortage and allocate available water
supplies. Chapter 40£-21, Plorida
('80 Code,S 29-43) (Ord. 35-85, passed Administrative Code is incorporated
4-23-85) herein by reference as a part of the ~ode
of Ordinances, as same may be amended
S 52.66 DEFINITIONS. from time to time. 35-85, passedt I
('80 Code, S 29-46) (Ord.
For the purpose ot this subchapter 4-23-85) r
the following definitions shall apply
unless the context clearly indicates or S 52.69 DECLARA'l'ION OF WA'1'ER SHORTAGE
requires a different meaning. CONDITIONJ EMERGENCY. ,
·DISTRICT. · The South Florida Water The declaration of a water shortage
Management District. condition or water shortage emergency ('
within all or any part of the city by the
-PERSON. - Any person, firm, City Manager shall invoke the provisions
partnership, association, corporation, of this subchapter. Upon the
company, or organization of any kind. declaration, all water use restrictions
shall be subject to enforcement action
·WA'l'ER RESOURCE.- Any and all water pursuant to this subchapter. Any
on or beneath the surface of the ground, violation of the provisions of Chapter
including natural or artificial 40E-2l, Florida Administrative Code, or
watercourses, lakes, ponds, or diffused any order issued pursuant thereto, shall
surface water, and water percolating, be a violation of this subchapter.
standing, or flowing beneath the surface ('80 Code, S 29-47) (Ord. 35-85, passed
of the ground. 4-23-85)
·WA'1'ER SHOR'l'AGE CONDI'l'ION.- When S 52.70 WATER OSERS TO ACCEPT PROVISIONS
sufficient water is not available to meet OF SUBCHAPTER.
present or anticipated needs of persons
using the water renource, or when No water service shall be furnished
conditions are such as to require to any person by a public or private
temporary reduction in total water usage utility unless such person agrees to
within a particular area to protect the accept all the provisions of this
water resource fro. serious harm. A subchapter. The acceptance of. water
water shortage condition usually occurs service shall be in itself ' the acceptance
due to drought. ~f the provisions thereof.
('80 Code, S 29-49) (Ord. 35-85, passed
"WATER SHORTAGE EMERGENCY.· That 4-23-85)
situation when the powers which can be
e'xercised under Part II of Chapter CONTROL OF BACKFLOW
40E-2l, Florida Administrative Code, are Þ. AND CROSS CONNEC'l'IONS
nót sufficient to protect the public
health, safety, or welfare, or the health § 52.80 INTRODUCTION.
of animals, fish or aqua~ic life, or a
public water supply, or commercial, A cross connection is defined by the
industrial, agricultural, recreational, American Water Works Association (AWWA)
or other reasonable uses. as "any connection or structural
('80 Code, S 29-44) (Ord. 35-85, passed arrangement between the public's or a (
4-23-85) consumer's potable water system and any t. _.
,..
L
.
27 DELRAY BEACH !!!!!! 5 52.82
( non-potable source or system through purveyor'. spring, river, strea., harbor,
whicb back flow may occur-. Backflow, ør the lik., or -used waters- or
literally a reversal in the nor.al -industrial fluids-. These waters uy be
direction of flow within a water system, polluted or contaminated or they may be
is what turns a cross connection into a objectionable and constitute an
health hazard. Consequently, either unacceptable water source over which the
cross connection or the chance of water purveyor does not have sanitary
back flow must be eliminated to prevent control.
these -un.e.n hazards- fro. d.grading the
higb quality of wat.r that purveyors -BACD'LOW. - The flow of wat.r or
strive to ..intain. other liquid, mixture, or substance under
pressure into the distributing pipes of a
5 52.81 PURPOSE. potable wat.r supply syst.. from any
sourc. or sources other than its intended
Th. purpose of tbis subchapter is to source.
protect the potable water supply of the
city from the possibility of -BACULOW PREVENTER.- A device or
contaaination or pollution by isolating means designed to prevent ,back flow or
within its customer's internal system or back-siphonage.
s6ste.. tbose contaminants or pollutants
w icb could back flow or back-siphon into -BACK-SIPHONAGE.· The flow of water
the public water supply system, to or other liquid, mixture, or substance
promote the elimination or control of into the distributing pipes of a potable
existing cross connections, actual or water supply systea from any source other
potential, between the customer's potable than its intended source caused by the
water syat.m or syste.. and non-potable sudden reduction of pr.ssure in the
water systems, plumbing fixtures, and potable water supply system. r I
industrial piping,systems, and provide ,
for the ..intenance of a continuing -CONTAMINATION.· An impairment of
program of cross connection control which the quality of potable water by sewage,
will systematically and effectively industrial fluids, waste liquids, ..
prevent the contamination or pollution of compounds, ~r other ..terials to a degree
all potable water systems. which creates a potential actuat hazard
( to the public health through poisoning or
5 52.82 DEFINITIONS. through the spread of disease.
For the purpose of this subchapter -CROSS CONNECTION.- Any physical
the fOllowing definitions shall apply connection or arrangement of piping or
unless the context clearly indicates or fixtures between two otherwise separate
requires a different meaning. piping systems, one of which contains
potable water and the other non~potable
-AIR-GAP.- The unobstructed vertical water or industrial fluids of
distance throu1Jh tbe free atmosphere questionable safety, through which, or
between the lo."est opening from any pipe because of which, back flow or
or faucet supplying water to a tank, back-siphonage, may occur into the potable
plumbing fixture, or other device and the water system. A water service connection
flood level rill of said vessel. An between a public potable water
approved air-gap shall be at least double distribution system and a customer's
the diameter of the supply pipe, measured water distribution system which is
vertically, above the top of the rim of cross-connected to a contaminated
'the vessel and, in no case, less than one fixture, industrial fluid system, or with
inch. When an air-gap is used at the a potentially contaminated supply or
service connection to prevent the auxiliary water system, constitutes one
contamination (,r pollution of the public type of cross connection. Other types of
potable water slstem, an e.ergency cross connections include connectors such
by-pass shall be installed in the by~pass as swi~9 connections, removable sections,
system which shall include an approved four-way plug valves, spools, dunuay
backflow'prevention device. sections of pipe, swivel or changeover
devices, sliding multiport tube, solid
-APPROVED.- Accepted by the Public connections, and the like.
Utilities Director as meeting an
applicable specification stated or cited (1) -CROSS CONNECTION CONTROL
in this subchapter, or as suited for the BY CONTAINMENT. The installation of an
proposed use. approved back flow prevention device at
the water service connection to any
-AUXILIARY WATER SUPPLY.- Any water customer's premises where it is not
supply on, or avaLlable to, the premises physically and economically feasible to
other than the purveyor's approved public find and permanently eliminate or control
potable water supply. These auxiliary all actual or potential cross connections
~;::-:':-'. waters may include water from another within the customer's water system1 or
-
.
'-
·
S 52.82 DBLRAY SUCH .!!!!!! 28
the installation of an approYed back flow daaage to the phy.ical properties of the e
prevention device on the .ervice line public potable water sy.te. or the
leading to and .upplying a portion of a eon.uaer'. potable water .y.te. or of a
cu.tomer's water .y.te. where there are pollutant or conta.inant which would have
actual or potential cro.. connection. a protracted effect on the quality of the
which cannot be effectively eli.inated or potable water in the .y.te..
controlled at the point of cross
connection. ·IRDUSTRIAL PLUIDS SYSTEM.- Any
system containing a fluid or solution
(2) -CROSS CONNECTION - which ..y be che.ically, biologically, or
CONTROLLED.· A connection between a otherwi.e conta.inated or polluted in a
potable water sy.tem and a non-potable for. or concentration .uch aa would
water .y.te. with an .pproved back flow con.titute a health, .yate., pollutional,
prev.ntion device properly installed that or plumbing hazard if introduced into an
will continuously afford the protection approved wat.r supply. ~his ..y include,
comm.nsurate with the degree'of hazard. but ahall not be liaited tal polluted or
contaainated water., .11 type. of proce..
-DOUBLE CHECK VALVE ASSEMBLY.- An w.ter. and -used w.ters- originating from
....mbly of two indep.ndently operating the public potable water .y.tem which may
approved check valv.. with tightly h.ve det.riorated In aanit.ry quality,
closing ahut-off valves on e.ch aide of chemicals in fluid for., plating acid.
the check valv.s, plus properly located and alkali.., circulated cooling w.ters
te.t cock. for the testing of each check connected to an open cooling tower and/or
valve. Th. entire a..embly .hall .eet cooling tower. that are che.ically or
the de.ign and perfor.ance specification. biologically treated or stabilized with
and approval of a recognized and toxic substance., contaminated natural
city-approved te.ting agency for back flow waters .uch a. from wells, springs, t I
prevention devices. To be approved, stream., riv.r., bay., harbor., ,
the.e .ust be readily acces.ible for irrigation canal. or syste.., and the
in-line maintenance and testing. lik., and oil., g...., glyc.rine,
paraffins, cau.tic and acid solutions, ;
-HAZARD, DEGREE OP.- The term is and other liquid and ga..ous fluid. used
derived fro. an evaluation of the in indu.trial or other purpo.es or for
potential ri.k to public h.alth and the firefighting purpo.... (
adv.rse eff.ct of the hazard upon the
potable water syste., and shall include I -POLLUTION.- Th. presence of any
foreign substance (organic, inorganic, or
(1) -HAZARD - HEAL'l'B.· Any biological) in water which t.nds to
condition, device, or practice in the degrade its quality so a. to con.titute a
water supply system and it. operation hazard or impair the u.efuln.ss or
which could create, or in the judge.ent quality of the water to a degree which
of the Public Utili tie. Director, .ay does not create an actual hazard to the
create a danger to the health and public health but which doe. adversely
well-being of the water con.u.er. An and unreasonably affect such waters for
example of a -HEALTH RAZARD- 1s a domestic us..
structural defect, including a era..
connection, in the water .upply .y.tem. -PRESSURE-TYPE ~COUM BREAKER.- An
as.e_öly used to isolate entire
(2) -HAZARD ~ PLUMBING.- A irrigation line. fro. potable water
plumbing-type cross connection in a sy.t.... It ha. the ability to withstand
consu.er's potable wat.r sy.tem that has supply pre.sure for long period. and to
not been properly pro:ected by a vacuum prevent back flow of toxic and non-toxic
breaker, air-gap .epa;:ation, or backflow water into the potable water syst.m in
prevention device. Unprotected back-siphonage conditions. To be
plu.bing-type cro.. ccnnections are approved, these device. must be readily
considered to be a h.alth hazard. accessible for in-line maintenance and
testing.
(3 ) -HAZ~ - POLLU~IONAL.- An
actual or potential threat to the ·PURVEYOR- or ·WATER PURVEYOR.- The
physical properties of the water system owner or operator of the public potable
or to the potability of the public or the water system supplying an approved water
consumer's potable water system but which supply to the public.
would constitute a nuisance or be
aesthetically objectionable or coold· -REDUCED PRESSURE PRINCIPLE
cause damage to the system or its DEVICE,- An assembly of two
appurtenances, but would not be dangerous independently operating approved check
to health. valves with an automatically operating
differential relief valve between the two
(4) -HAZARD - SYSTEM," An check valves, tightly closing shut-off
actual or potential threat of severe valves on either slde of the check ( . ",
~: ' . ' .. :
L:
29 DBLRA'l BEACH !!!m S 52.83
( valve., plus properly located tests cocks (4) -~~R - USED.- Any vater
for tbe testing of the check and reliet supplied by a vater purveyor fro. a
valve.. The entire a.seably shall meet public potable vater sy.te. to a
the de.ign and performance specifications consumer'. vater syste. after it has
and approval of a recognized and passed through the point of delivery and
city-approved te.ting agency for backflov is no longer under the sanitary control
prevention assemblies. The device shall of the water purveyor.
operate to maintain the pressure in the
zone between the two check valve. at a -~TER SYSTEM.- The water syste.
level les. than the pre..ure on the shall be considered as ..de up of two
public water supply .ide of the device. parts. The custo..r .yste. and, ~e
At ce..ation of normal flow tbe pressure utility sy.te..
between tbe two check valves shall be
le.s than the pre.sure on the public' (1) The -CUSTOMER SYSTEM· shall
water supply system side of the device. include tho.e parts of the facilities
In ea.e o~ leakage of either of t~e cheek beyond the ter.ination of the utility
valve., the differential relief valve distribution syste. which are utilized in
shall operate to .aintain the reduced conveying utility-delivered domestic
pres.ure ;in the zone between the check water to points of use.
.valves by discnuging to the ataosphere.
When the inlet pre..ure is two pounds per (2) The -UTILITY SYSTEM- shall
squa~e inch or le.., the relief valve consist of the soureefacilitie. and the
shall open to the ataosphere. To be distribution .yste., and .hall include
approved, the.e devices mu.t be readily all those facilities of the water system
accessible for in-line .aintenance and under the complete control of the
te.ting and be installed in a location utility, up to the point vhere the
where no part of the device vill be custo.er's system begins (meter). fThe I
sub.erged. ·SOURCE- shall include all componehts of
the facilities utilized in the I
-UTILITIES DIRECTOR- or -PUBLIC production, treat.ent, storage, and
UTILITIES DIRECTOR.- The Director in delivery of water to the distribution ;
charge of the Department of Public .yste.. The -DISTRIBUTION SYSTEM- shall
Utilities of the city who is vested with include the network of conduits used for
(' the authority and responsibility for the the delivery of vater fro. the source to
i.plementation of an effective cross the customer's syste..
connection control program and for the
enforcellent of the provisions of this S 52.83 BACXPLOW PREVENTION DEVICES,
subchapter. WREN REQUIRED, SPECIFICATIONS.
-WATER.- (A) No vater service connection to
any premises shall be installed or
(1) -WATER - NONPOTABLE.- maintained by the vater purveyor unless
Water which is not safe for human the water supply is protected as required
consumption or vhich i. of questionable by state law and regulation (D.E.R.
potability. regulation Chapter 17-22) and this
. subchapter. Service of water to any
(2) "WATER - POTABLE.- Any pre.ises. shall be discontinued by the
water which, according to recognized, water 'purveyor if a backflov prevention
standards, is safe for buman consumption. device required by this subchapter is not
installed, te.ted, and .aintained, or if
(3) -WATER - SERVICE it is found that a backflow prevention
CONNECTIONS.- 'J'he terllinal end of a device has been rellOved, bypassed, or if
service connection fro. the public an unprotected cross connection exists on
potable water syste., that is, where the the pre.ises. Service vill not be
water purveyor 10ses jurisdiction and restored until such conditions or defects
sanitary control over the water at its are corrected.
point of delivery to the custo.er's water
systell. If a meter is installed at the (9) The customer's system should be
end of the service connection, the open for inspection at all reasonable
service connection shall mean the times to authorized representatives of
downstream end of the meter. There the Public Utilities Department to
should be no unprotected takeoffs from determine vheth~r cross connections or
the service line ahead of any meter or other structural or sanitary hazards,
backflow prevention device located at the including violations of these
point, of delivery to the customer's water regulations, exist. When such a
systell. -SERVICE CONNECTION- shall also condition becomes known, the Public
include water serv1ce connection from a utilities Director shall deny or
fire hydrant and all other temporary or immediately discontinue service to the
( . emergency water service connections from premises by providing for a physical
~"., the public potable water system. break in the service line until the
....::.../..
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5 52.83 DELRAY BEACH !!!!! . 30
custo.er has corrected the condition in substance that would be objectionable but (
conform.nce with state and city laws not ha.ardou. to health if introduced
relating to pluabing and water supplies into the public water system, the public
and the regulations adopted pursuant water .yste. shall be protected by an
thereto. approved double check valve assembly.
CC) An approved back flow prevention (4) In the cas. of any premises
device shall be installed on each service where there is any .aterial dangerous to
line to a customer's water system at or health which is handled in such a fashion
near the property line or immediately as to create an actual or potential
inside the building being served and, in hasard to the public water .ystem, the
all c...., b.fore the first branch line public water .yst.. .hall b. protec.ted by
leading off the service line, wherever an approved air-gap separation or an
the following conditiona exist: approved reduced pressure principle
backflow prevention device. Examples of
(1) In the case of preaise. pre.iaes where these condition. ...y exist
baying an auxiliary water supply which is include wast.water treataent plants,
not or may not be of safe bacteriological wastewater pumping stations, chemical,
or chemical quality and which i. not manufacturing plants, hospitals,
acceptable as an additional source by the aortuarie., and metal plating plants.
Public Utilities Director. The public
water systea shall be protected against (5) In the case of any premises
back flow from the preaises by installing where there are -uncontrolled- cross
a back flow prevention device in the connections, either ac~ual or potential,
service line appropriate to the degree of the public water syst.. shall b.
hazard. prot.ct.d by an approved air-gap
separation or an approvea reduced I I
(2) In the case of pr.mises pr.ssure principle back flow pr.vention
upon which any industrial fluids or any device at the service connection. ,
other objectionable substance is handled
in such a fashion as to create an actual (6) In the case of any prellises ;
or potential hazard to the public water where, because of security requirements
systell, the public system shall be or other prohibitions or restrictions, it
protected against back flow from the is iapossible or impractical to make a (
premises by installing a backflow complete in-plant cross connection
prevention device in the service line survey, the public water system shall be
appropriate to the degree of hazard. protected against back flow or
This shall include the handling of back-siphonage from the premises by the
process waters and waters originating installation of a backflow prevention
from the utility syutell which have been device in the service line. In this
subject to deterioration in quality. case, maximum protection will be
requir.d, that is, an approved air-gap
(3 ) In the case of premises separation or an approved reduced
having internal cross connections that pressure principle back flow prevention
cannot b. permanently corrected and device shall be installed in each service
controlled, intricat. pluœbing and piping to the premise.
arrangements, or wh,tre entry to all Any back flow prevention device
portions of the premises i. not readily CD)
accessible for inspection purposes, required herein shall be of a model and'
making it impracticable or impossible to size approved by the Public Utilities
ascertain whether or not dangerous cross Director. The term -APPROVED BACKFLOW
connections exist, t:he public water PREVENTION DEVICE- shall mean a device
system shall- be prot:ected against that has been. manufactured in full
back flow frail the plellise. by installing conformance with the standards
a back flow preventicn device in the established by the American Water Works
service line. The type of protective A~sociation and entitled -AWWA CS06-69
device required shall depend upon the Standards for Reduced presaure Principle
degree of hazard which exists, as follows: and Double Check Valve Backflow
Prevention Devices· and which has met
(a> In the case of any completely the laboratory and field
premises where there is an auxiliary performance specifications of the
water supply as stated in this section, Foundation for Cross Connection Control
the public water system shall be and Hydraulic Research of the University
protected by an approved air-gap of Southern California established by
separation or an approved reduced ·Specifications of Backflow Prevention
pressure principle back flow prevention Devices - '69-2 dated March 1969- or the
device. most current issue.
(b) In the case of any (1) Said AWWA and FCCC and RR (
premises where there is water or some standards and specifica~ions have been
(,
·
31 DELRAY BEACH !Œ!!! 5 52.98
( adopted by the Public Utilities Di~ector. conta.inants or pollutants through the
Pinal approval shall be evidenced by a vate,r service connecUon.
certificate of approval issued by an
approved testing laboratory certifying (8 ) If, in the judge.ent of the
full co.pliance vith said AWWA standards Department, an approved backflov
and PCCC and RR specifications. prevention device i. required at the
city'. vater service connection to any
(2) It shall be the duty of the custo.er's pre.ises for the safety of the
custo.er-user at any premise vhere va ter syste.., the Public Oti1iti.s
backflov prevention devices are Director or his designated agent shall
installed, to have certified inspections give notice in vriting to the custo.er to
and operational tests .ade at least once install such an approved back flow
per year. In those instances vhere the prevention device at each .ervice
Director dee.. the hazard to be great connection to his pre.ises. The customer
enough, he may require certified shall immediately install such approved
inspections at more frequent intervals. device or devices at his own expense, the
These inspections and tests shall be at fallure, refusal, or inability on the
the expense of the customer and shall be part of the customer to install .aid
performed by the device manufacturer's device or devices immediately, shall
representative, by the utility personnel, constitute a ground for discontinuing
or by a certified tester approved by the vater service to the premises until such
Public Utilities Director. It shall be device or dev1.ces have been properly
the duty of the Director to see that installed.
these timely tests are made. The Penalty, see S 52.99
custo.er-user shall notify the Director
in advance when the test. are to be S 52.85 NOTICE OP VIOLATION, PAILORE TO
undertaken 80 that he, or his REMEDY. I I
representative, .ay witne.s the test. if I
it is so desired. The Public Utilities Director shall
notify the owner or authorized agent of
(3) These device. shall be the owner of the building or premises in ;
repaired, overhauled, or replaced at the which there is found a violation of this
expense of the customer-user whenever subchapter, of such violation. The
said devices are found to be defective. Director shall set a reasonable time for
( Records of such tests, repairs, and the ovner to have the violation removed
overhauls, shall be kept and made or corrected (30 days maximum, or AS
Available to the Public Utilities determined by degree of hazard). On
Director. failure of the owner to have the defect
corrected by the end of a specified time
(4 ) All presently installed interval, the Director may, if in his
backflow prevention devices which do not judgement an imminent health hazard
meet the requirements of this section but exists, cause the water service to the
were approved devices for the purposes building or premises to be terminated
described hereln at the time of and/or recommend such additional fines or
installation al\d whIch have been properly penalties to be invoked as are provided
maintained shan, except for the in S 52.99.
inspection and maintenance requireaents,
be excluded from the requirements of
these rules so long as the Public
Utilities Director is assured that they S 52.98 PRIMA PACIE EVIDENCE OF
will satisfactorily protect the public VIOLATION.
potable water !upply system. Whenever
the existing device is moved fro. the The existence of any connection,
present locAtic,n or requires lIIore than conductor, meter alteration, or any
minimum mainten1nce, or when the Public device vhatsoever, which af,fects the
Utilities Director finds that the diversion of water without the same being
maintenance constitutes a hazard to .easured or registered by or on a meter
health, the unit shall be replaced by a installed by the Water Department, or
back flow prevention device meeting the which affects the use of water furnished
requirements of this section. by the Water Department without its being
Penalty, see S 52.99 measured or registered on a meter
provided therefor, or the flowing of
S 52.84 PUBLIC UTILITIES DEPARTMENT TO water through that meter after having
ADMINISTER. been shut off for nonpayment of charges
or other reason and before the service is
(A) The Public, Utilities Department restored by an authorized employee of the
shall be responsible for the protection Water Department, shall be prima facie
of the public potable water distribution evidence of intent to violate and of the
system from contamination or pollution violation of this chapter by the person
\'~..'~: ~:- due to the back flow or back-siphonage of using or receiving the direct benefits
7
.
5 52.99 DBtRAY BEACH !!II! 32
fro. the g.. ot w.t.r pa..ing through . (
connection, d.vic., or ..t.r, or ot b.ing
u.ed without b.ing ....ur.d or r.gist.red
on a ..ter .. ator...id,·or ot b.ing used
without payaent ot charg.. theretor.
('80 Cod., 5 29-32) (Ord. 23-82, pa.sed
3-23-82)
5 52.99 PBNÀL'1'Y.
(A) Any per.on, tir., or corporation
who viol.te. any provision of t~i.
ch.pt.r tor which .noth.r pen.lty is not
.p.cifically provided shall, upon
conviction, b. .ubj.ct to a fine not
exceeding $500 or impri.on..nt tor a term
not .xc..ding 90 days, or both. Bach day
any violation .hall continue to exist
.hall con.titute a separate offense.
(8) Violation of any provi.ion of
55 52.65 through 52.70 shall be subject
to the following penaltiesl first
violation, $25, second and subsequent
violations, fine not to exceed $500 or
i.prison.ent not to exceed 60 days. Each f I
day in violation of 55 52.65 through
52.70 shall constitute 4 separate I
otten.e. ~he city, in addition to the
criminal sanctions contained herein, may
take any other appropriate legal action,
including but not li.ited to e.ergency
injunctive action, to enforce the
provisions of 55 52.65 through 52.70. (
('80 Code,S 29-48) (Ord. 35-85, passed
4-23-85)
(C) ~h. owner or authorized agent of
the owner responsible for the maintenance
of the plumbing systems in the building
who knowingly permits a violation of
55 52.80 through !i2.85 to uuin
uncorrected after the expiration of time
set by the Public Utilities Director
shall, on conviction thereot by the
appropriate court, be required to pay a
fine of not more than $100 for each
violation. Each day of failure to comply
with the requirements ot 55 52.80 through
52.85 after the specified time provided
under 5 52.85, shall constitute a
separate violation.
-
C·:
(--,
.
·
[ITY OF DELRAY BEAEH
100 N W, 1st AVf::NLJE DELRAY' BEACH. FLO~IDA 33444 407 24J ìrJrJG
June 10, 1991
Mr. Raymond C. Sittig
Executive Director
Florida League of Cities
P.o. Box 1757
Tallahassee, FL 32302-1757
Re: Designation of Voting Delegate
Dear Mr. Sittig:
Enclosed is the City of Delray Beach's form designating
Commissioner William F. Andrews as the city's voting delegate for
the Annual Business Session at the 65th Annual Convention of the
Florida League of Cities, August 22-24, 1991.
If you have any questions, please do not hesitate to contact me.
Sincerely,
W~a/(JrzJi~ I!æd:¡-
Alison MacGregor Harty
City Clerk
AMH/m
Enclosure
cc: Commissioner William F. Andrews
David T. Harden, City Manager
THE EFFORT ALWAYS MATTERS
65TH ANNUAL CONVENTION
FWRIDA LEAGUE OF CITIES, INC.
AUGUST 22-24, 1991
TAMPA CONVENTION CENTER
It is important that each member city sending delegates to the Annual Convention of the Florida League of
Cities, designate one of their officials to cast their votes at the Annual Business Session. League By.Laws
require that each city select ~ person to serve as the city's voting delegate.
Please fill out this form and return it to the League office so that your voting delegate may be properly
identified.
Designation of V otiDJ De1e:ate
Name of Voting Delegate: William F. Andrews
Title: City Commissioner
City of: Delray Beach
AUTHORIZED BY:
~~
Name', ¿7
Thomas E. Lynch
Mayor, City of Delray Beach
Title
Return fOl'lD to:
Florida Lague 01 Cities, lac.
Post 0IIiœ Bø 1757
Tall.h·.,see. FL 32302-1757
C,/ £/ L~~~<:-Ó--
P't)sid~fJ¡' ~ FloÝÍda League of Cities. Inc.
A, C, Littleton. Jr, 201 West Park Avenue
. Commi"ionec. Panama City ~ Post Office Bo' 1757
Tallahassee, FL 32302-1757
First Vice President Telephone (904) 222-9684
Sadye Gibbs Martin Suncom 278-5331
Commissioner, Plant City *fIORIMIFAGlŒOfcmES
Second Vice President -
William A, Evers - == = == ~
Mayor, Bradenton -=- - : -=- 1{ 1.:., C 1; V ·V- ....., D
- é
TO: ~ MAY 9 1991
à CI TY MANAGER'S orF/CL
FROM: '
SUBJECT: OFFICIAL ANNOUNCEMENT - 65 N CONVENTION
Florida League of Cities, Inc.
August 22-24, 1991
Tampa Convention Center
DATE: May 7, 1991
Enclosed are registration materials for the annual meeting of the Florida League of
Cities.
General policy development is one of the primary purposes of the annual convention.
It provides cities with an opportunity to focus attention on municipal home rule and prepare
a positive program to strengthen cities. Therefore, each city is encouraged to have one
official attend the convention as its voting delegate and participate in the discussion. A
form designating your city's voting delegate is enclosed along with procedures for presenting
resolutions to the League membership.
It is important that each city send as many delegates to the convention as possible.
The convention program will include some timely workshops, educational seminars and
general sessions of interest to all cities. An announcement highlighting convention speakers,
workshops and other activities will be mailed to all city officials in early July.
Should you have any questions or need additional information, please feel free to
contact the League office at Suncom 278-5331 or 1-800-341-8112.
RCS: VBP:rrh
Enclosure: Form Designating City's Voting Delegate
Procedures for Submitting Convention Resolutions
Convention Registration Forms(3)
Tentative Program
At-Large: Alexander Penelas, Commissioner. Metro,Dade County. Gerald F, Thompson, Commissioner. Broward County. Barbara Sheen Todd, Commissioner,
Pinellas County. Congressional Districts: Robert F, Barnard, Commissioner. Panama City. Dorothy Inman-Crews, Commissioner, Tallahassee. Glenn
Edwards, Commissioner. Allanlic Beach. George E. Musson, Mayor. New Smyrna Beach. John H, Land, Mayor. Apopka. William Copeland, Councilman, Archer,
. Lee Duncan, Council Chairman, Tampa.. Holland G, Mangum, Mayor. Seminole. William C. Meriwether. Mayor Pro Tem. Plant City. Don Olmstead, Mayor,
Palmetto. Larry L, Schultz, Councilman, Rockledge. Clarence Anthony, Mayor. South Bay. George Smith, Councilman, Arcadia. Charles Helm, Councilman,
Palm Springs. Ilene Lieberman, Mayor, Lauderhill. John M, Bertino, Commissioner. Dania. Shelly Gassner, Councilperson, North Miami. Dr, Louis Haas,
Vice Mayor. Bay Harbor Islands. Roy S, Shiver, Commissioner, Florida City. 10 Largest Cities: E. Denise Lee, Councilperson, Jacksonville. J, L. Plummer, Jr"
Commissioner, Miami. Sandy W. Freedman, Mayor, Tampa. Robert Ulrich, Mayor. St. Petersburg. Evelio Medina, Councilman, Hialeah. Jim Naugle, Vice
Mayor. Fort Lauderdale. Mary Johnson, Commissioner, Orlando. Salvatore Oliveri, Mayor, Hollywood. Marty Shapiro, Commissioner. Miami Beach. Rita J.
Garvey, Mayor. Clearwater. Past Presidents: Glenda E. Hood, Commissioner, Orlando. Eric B, Smith, Council President. Jacksonville. FCCMA:::::; J
T'ptoo. C" M'o"", 0'"00' B.,," . T.'_ """" Ra,mood C, Sittig. E,~""~ Di,~,o" H.", .o"i~o. J'.. G.o,,' Co",*' _, !'
. ,.
. PROCEDURES FOR SUBMITtING RESOLUTIONS
65TH ANNUAL CONVENTION
Florida League of Cities, Ine.
August 22-24, 1991
Tampa Convention Center
In order to fairly systematize the method of presenting resolutions to the League membership, the following procedures have been
instituted:
(1) Proposed resolutions must be submitted in writing, to be received in the League office a minimum of 30 days prior to
the first day of the annual convention (July 22, 1991).
(2) Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of
the Resolutions Committee at least 15 days prior to the first day of the annual convention. (Whenever possible, multiple
resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a
listing of original proposers.)
(3) Proposed resolutions may be submitted directly to the Resolutions Committee at the convention; however, a favorable
two-thirds vote of the committee will be necessary to consider such resolutions.
(4) Proposed resolutions may be submitted directly to the business session of the convention without prior committee
approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members
present will be required for adoption.
(5) Proposed resolutions relating to state lel!islation will be referred to the appropriate standing policy committee. Such
proposals will not be considered by the Resolutions Committee at the convention; however, all state legislative issues will
be considered by the standing policy committees and the Legislative Committee prior to consideration by the membership
at the annual Legislative Conference each fall. At that time, a state Legislative Policy Statement will be adopted.
Cities unable to formally adopt a resolution 30 days prior to the first day of the convention may submit a letter to the League
office indicating that their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as
possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal
resolution,
**********************************************************************************************...*....*....*....
IMPORTANT DATES
June 5 August 5
Notice to Local League Presidents Resolutions Mailed to Resolutions
Requesting Nominees to the Committee
Resolutions Committee
July 5 August 22
Appointment of Resolutions Committee League Standing Committee Meetings
Members Resolutions Committee Meeting
Voting Delegates Registration
July 22 August 24
Deadline for Submitting Resolutions to the Immediately Following Past Presidents'
League Office Luncheon - Pick Up Voting Delegate
Credentials at the Registration Desk
2:00 p.m. - Annual Business Session