08-27-91 Regular
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - AUGUST 27, 1991 - 6:00 P.M,
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments.
However, as a general rule, the order of presentation shall be as
follows: City Staff, comments by the public, Commission discussion
and official action. City Commission meetings are business 'meetings
and uS such, the Commission retains the right to limit discussion on
any issue. In most cases remarks by an individual will be limited to
three minutes or less (10 minutes for group presentations). The Mayor
or presiding officer may adjust the amount of time allocated at
his/her discretion.
A. Public Hearings ~ Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter
within the scope of jurisdiction of the Commission under this
section, The Commission may withhold comment or direct the
City Manager to take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item
under these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
those individuals wishing to address public hearing and/or
non-agendaed items should complete the sign-in sheet located on the
right side of the dais. If for some reason you are not able to
complete the sign-in sheet prior to the start of the meeting, you
will not be precluded from addressing the Commission on an
appropriate item. The primary purpose of the sign-in sheet is to
assist staff with record keeping, Therefore, when you come up to
the podium to make your comments, kindly complete the sign-in sheet
if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please
step up to the podium and state, for the record, your name and
address. All comments will be addressed to the Commission as a
body and not to individuals. Any person making impertinent or
slanderous remarks or who becomes boisterous while addressing the
Commission shall be barred from speaking further to the Commission
by the presiding officer, unless permission to continue or again
address the Commfssion is granted by majority vote of the
Commission members present,
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Agenda
Meeting of 8/27/91
APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to ~y matter considered at this
meeting or hearing, such persons will' need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
AGENDA
1. Roll Call.
2. Invocation.
3. Pledge of Allegiance to the Flag.
4. Agenda approval. \ ~ ~
Action: Motion to approve. fJ:,\() fl)
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5. Approval of Regular Meeting minutes of August 13, 1991.
6. Proclamations:
A. Delray Beach Police Apprecia~ion Day - August 29, 1991.
7. Presentations:
A. Delray Beach Citizens for Delray Police Annual Scholarship
Presentations.
8. Consent Agenda: City Manager recommends approval,
A. REALLOCATION OF FUNDING FROM THE 1987 UTILITY TAX BOND ISSUE;
Approve the reallocation of funding from the 1987 Utility Tax Bond
Issue.
B. CHANGE ORDER NO. 2/RIC-MAN INTERNATIONAL, INC, : Approve Change
Order No. 2 to the contract for the 16-Inch Transmission and
Subaqueous Water Main project, between the City and Ric-Man
International, Inc. , which extends the contract completion time by
one day to construct an additional eight inch water main to connect
with an existing eight inch water main on MacFarlane Drive.
C. AUTHORIZATION TO ENTER INTO A QUIT-CLAIM DEED AND WAIVER OF
REPLAT FEES: Authorize the City Attorney's Office to enter into a
quit-claim deed with the landowner of Lot 13 and 14 of Breezy Ridge
Estates for a 25 foot strip of property to be included in the
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Agenda
Meeting of 8/27/91
City's right-of-way and waive future replat fees.
D. REQUEST FOR FINAL PAYMENT: Approve a request for final payment
from Edwards Electric in the amount of $12,340 for permanent
repairs to the electric bus at the Water Treatment Plant. Funding
is available in Water and Sewer Renewal and Replacement
Fund/Equjr,ment (Account No. 442-5178-536-61,76) . Account balance
$27,208.4.L.
E. RATIFICATION OF EMER.GENCY PURCHASE: Ratify the emergency
purchase of a 200 HPmotor from Hydro Pumps, Inc. in the amount of
$14,710 in conjunction with the rehabilitation of the Elevated Tank
at the Water Treatment Plant and the North Reservoir, Funding is
available in Water and Sewer Renewal and Replacement Fund/Equipment
(Account No. 442-5178-536-61.76) . Account balance $14,868.41.
F. . CANCELLATION OF AGREEMENT BETWEEN THE CITY AND BARNETT BANK'S
TRUST COMPANY: Cancel the agree~ent between the City and Barnett
Bank's Trust Company which provided for the acquisition of real
property located at 521 N.W. 2nd Street in lieu of payment of
certain liens on the property.
G. REQUEST TO CLOSE LINTON BOULEVARD/SOAP BOX DERBY: Approve the
closure of Linton Boulevard between Federal Highway and Ocean
Boulevard from 7 a.m. until the conclusion of the races, for two
Soap Box Derby Rallys to be held on October 12, 1991 and February
15, 1992.
H. RESOLUTION NO. 64-91: A Resolution authorizing the City
Manager to dispose of surplus property under certain conditions.
I. RESOLUTION NO, 63-91: A Resolution assessing costs for
abatement action required to remove nuisances on 32 properties
throughout the City,
J. AWARD OF BIDS AND CONTRACTS: None.
9. Regular Agenda:
A. REVIEW OF APPEALABLE LAND DEVELOPMENT ACTIONS OF VARIOUS
BOARDS: Consider accepting actions and decisions made by the
Planning and Zoning Board, Site Plan Review and Appearance Board
and the Historic Preservation Board during the period of August 13
through August 26, 1991,
B, REQUEST FOR CONDITIONAL USE APPROVAL: Consider a request for
conditional use approval to allow the establishment of a Church and
associated uses to be located on the south side of Lake Ida Road,
across from the Isles of Delray subdivision. Planning and Zoning
Board recommends approval subject to conditions,
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Agenda
Meeting of 8/27/91
C. REQUEST FOR WAIVER OF THE LANDSCAPE CODE: Consider a request
from Ann's Quality Grooming located at 302 N.E. 1st Avenue in the
Old School Square Historic Arts District for relief of the
Landscape Code standards.
0, DISCUSSION REGARDING PROPOSED LICENSE AGREEMENT/ISAN CHARTERS,
INC. (d/b/a STILLWA'rER CRUISES): Consider a license agreement
between the City and Isan Charters, Inc. (d/b/a Stillwater
Cruises) to permit a cruise boat and ticket sales operation at
Veteran's Park. Iii
E. CONSIDER AN OFF-SITE PARKING AGREEMENT WITH BRANDY'S (FORMERLY
BRIDGE/CANAL STREET RESTAURANTS): Consider an off-site parking
agreement between the City and Brandy's Restaurant.
F. GULF STREAM BOULEVARD JOINT BEAUTIFICATION PROJECT: Consider a
proposal from Boynton Beach to proceed with Revised Scheme #1,
City Manager recommends approval.
G. PROPOSED LETTER OF COMMITMENT: Consider a request from the
Town of Highland Beach for a Letter of Commitment regarding the
sale of treated City water to the Town. City Manager recommends
approval.
H. APPOINTMENT OF THREE MEMBERS TO THE BOARD OF CONSTRUCTION
APPEALS to fill the vacancies created by the expiration of term of
John Baccari, Scott Atkinson and Carney Wilder, Jr.
I. APPOINTMENT OF THREE MEMBERS TO THE PLANNING AND ZONING BOARD
to fill the vacancies created by the expiration of term of Rita
Naron, Mark Krall and Jay FeIner.
J. APPOINTMENT OF TWO REGULAR AND TWO ALTERNATE MEMBERS TO THE
BOARD OF ADJUSTMENT to fill the vacancies created by the expiration
of term of Scott Bechtle, Alvaro Vera, Milford Ross and Marc
Shepard.
K. APPOINTMENT OF THREE MEMBERS TO THE SITE PLAN REVIEW AND
APPEARANCE BOARD to fill the vacancies created by the expiration of
term of Mark Marsh, William Wilsher and Rett Talbot.
L, APPOINTMENT OF THREE MEMBERS TO THE HISTORIC PRESERVATION
BOARD to fill the vacancies created by the expiration of term of
Spencer Pompey, Pat Healy-Golembe and Rose Sloan.
M. APPOINTMENT OF A MEMBER TO THE COMMUNITY REDEVELOPMENT AGENCY
to fill the unexpired term of J, Reeve Bright.
~ ~4d q,~.) O. ) P. + t!:J. (SEE. ~Ooe.nOLuYlS)
10. Publ~c Hear~n9s: ,
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Meeting of 8/27/91
A. ORDINANCE NO. 54-91: An Ordinance amending the Land
Development Regulations to provide for multi-tenant retail
establishments as a conditional use in the Central Business
District. Two public hea.r-ings are required on this Ordinance. If
passed second public hearing September 10th.
B. ORDINANCE NO. 49-91: An Ordinance amending the list of
conditional uses and structures allowed within the Community
Facilities (CF) zone district to provide for commercial activities
and businesses upon publicly owned lands as a conditional use,
Planning and Zoning Board recommends approval. Two public hearings
are required on this Ordinance. If passed second public hearing
September 10th.
C. REQUEST FOR WAIVER OF THE SIGN CODE: Consider a request from
the Hamlet Shoppes located at 4061 West Atlantic Avenue to erect a
120 square foot sign, 16 feet high and located in t~e setback where
the Sign Code allows a maximum of 40 square feet in area and seven
feet in height. City Manager recommends denial. ':. f
D. ORDINANCE NO. 52-91: An Ordinance amending Chapter 52,
"Water" , Section 52.83 (A) , "Backflow Prevention Devices; When
Required; Specifications", Of the Code of Ordinances, correcting a
reference to a State rule. City Manager recommends approval.
E. ORDINANCE NO. 53-91: An Ordinance amending the Land
f Development Regulations as to the appropriate appeal procedure from
decisions made by the Board of Adjustment and Board of Construction
Appeals. City Manager recommends approval.
F. REQUEST FOR WAIVER OF DEVELOPMENT STANDARDS: Consider the
waiver to development standards regarding back-out parking and
perimeter landscaping for improvements proposed at Currie Commons,
G. REQUEST FOR WAIVER OF DEVELOPMENT STANDARDS: Consider the
waiver of development standards regarding back-out parking and
perimeter landscaping for improvements proposed at Veterans Parks,
C/ ,
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
A, ORDINANCE NO. 55-91: An Ordinance amending the Land
Development Regulations to allow commercial parking lots as a
conditional use in the in the Automotive Commercial (AC) District.
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Planning and Zoning Board recommends denial (4-2 vote) . Community
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Meeting of 8/27/91
Redevelopment Agency recommend.s approval. If passed public hearing
September 10th.
B. ORDINANCE NO. 57-91: An Ordinance placing and rezoning
property located on the east side of Federal Highway, between La
Mat Avenue and Avenue "F" from PC (Planned Commercial) to POD
(Professional and Office District) or some other zoning district
that would be compatible with the Transitional Land Use Designation
for this property. If passed public hearing September 10th.
C. ORDINANCE NO. 58-91: An Ordinance correcting the zoning
classification for a parcel of land located on the south side of
Atlantic Avenue between Dover Road and Military Trail (Hamlet
Subdivision) from R-l-AA (Single Family Residential) to R-1-A
(Single Family Residential) and correcting the Official Zoning Map,
If passed public hearing September 10th. Fe
D. ORDINANCE NO. 59-91: An Ordinance correcting the zoning
classification for three parcels of land located on the northwest
and northeast corners of the intersection of N.E. 7th Street and
N,E. 6th Avenue (O.C. Taylor) from GC (General Commercial) district
to AC (Automotive Commercial) district and correcting the Official
Zoning map. If passed public hearing September 10th.
E, ORDINANCE NO. 60-91: An Ordinance correcting the zoning
classification for a parcel of land located on the south side of
"- N.W. 4th Street, adjacent to the Cason United Methodist Church
facility from R-1A (Single Family residential) district to CF
(Community Facilities) district and correcting the Official Zoning
map. If passed public hearing September 10th.
13. Comments and Inquiries on Non-Agenda Items:
A. Commission
B. City Attorney
C. City Manager
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - AUGUST 27, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
ADDENDUM NO. 1
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
N. VETERAN'S PARK SHUFFLEBOARD COURTS: Approve the relocation of the
,'Oshuffleboard courts at Veteran's Park and approve a Service
\ ~' Authorization to the contract with Currie Schneider Associates, AlA,
P.A., in the amount of $5,750 for the preparation of construction
drawings.
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - AuGUST 27, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
ADDENDUM NO. 2
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
0, WAIVER OF BID REQUIREMENTS: Waive the automobile liab~lity
insurance requirement from $500,000 to $300,000 for Metra Industries,
Inc., low bidder on the Pineridge Road/Church of the Palms Water Main
Extension project,
P. RELEASE OF CITY LIENS: Consider accepting a payment of $500 to
release all City liens against property located at 401 S.W, 10th
.. Street. City Attorney's Office recommends approval.
q.~. AdclE.d A-t- ~e.. m-k; foe .
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[ITY DF DELAAY BEA[H
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PR()( L 11ft no \
WHEREAS, the members of the Police Department of the
City of Delray Beach play an essential role in safeguarding the
rights and freedoms of the citizens of the City of Delray Beach;
and,
WHEREAS, it is important that all citizens know and
understand the problems, duties, and responsibilities of their
Police Department, and that members of our Police Department
recognize their duty to serve the people by safeguarding life and
property, by protecting them against violence or disorder, and by
protecting the innocent against deception and the weak against
oppression or intimidation; and,
WHEREAS, the Police Department of the City of Delray
Beach has grown to be a modern and scientific law enforcement
agency which increasingly provides a vital public service; and,
WHEREAS, the Delray Beach Police Department, through
various events within the City, have worked to improve the
perception of the Department throughout the community,
NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of
Delray Beach, Florida, do hereby proclaim Thursday, August 29,
1991 as
"DELRAY BEACH POLICE APPRECIATION DAY"
and along with the Delray Citizens for Delray Police, call upon
all residents of the City of Delray Beach to support the Police
Department in their effort to establish an enviable and enduring
reputation for preserving the rights and security for all citizens
of Delray Beach.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the City of Delray Beach, Florida, to be
affixed this 27th day of August, 1991.
MAY 0 R
Thomas E. Lynch
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER EM
SUBJECT: AGENDA ITEM # ~ - MEETING OF AUGUST 27 1991
REALLOCATION OF FU ING FROM THE 1987 UTILITY TAX BOND ISSUE
DATE: August 22, 1991
At your August 12th budget workshop meeting the Commission, by
consensus, approved the reallocation of funds in the 1987 Utility Tax
Bond Issue, This item is now before you for formal ratification of
that action.
Recommend approval of the reallocation of fund in the 1987 Utility Tax
Bond Issue,
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1987 UTILITY TAX BOND CONSTRUCTION FUND
======================================================:::
FUNDS AtAttA8tEFOR POTENTIAt' PROJECTS (ROUItD!IW" I,m,'.
RECOMMENDED PROJECTS (PRIOR COKKITTMENTS, ETC.1
f PINEAPPLE GROVE WAY (N.E. 2ND AVE.) 50,000
f FIRE STATION NO. 5 ARCHITECTURAL/ENGINEERING FEES 80,000
f CITY GARAGE IMPROVEMENTS 100,000
. TENNIS CENTER lIGHTING 90,000
. COMMISSION PUBLIC ADDRESS SYSTEM/OVERHEAD SCREEN 11, 500 331,500
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938,500
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OTHER POTENTIAL PROJECTS: REQUESTED PROPOSED
GULFSTREAM BOULEVARD BEAUTIFICATION 45,000 45,000
CITY HALL STORK'SHUTTERS 205,700 0
CEMETERY ENTRANCE ROAD 127,000 127,000
PARK IMPROVEKENTS 666,500 666,500
ENVIRONMENTAL PRESERVE (KASTER PLAN AND ENGINEERING) 15,000 0
BEACH HEADQUARTERS/RESTROOKS (ENGINEERING) 20,000 0
CITY ATTORNEY'S OFFICE (OUTSIDE RENOVATIONSl 100,000 50,000
HEALTH INSURANCE FUND DEFICIT/CARRYOVER CLAIMS . 806,300 0
BOY SCOUT HUT BEAUTIFICATION/BALLFIELD (CITY PORTION) 50,000 50,000
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2,035,500 938,500
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1. PINEAPPLE GROVE WAY (N.E. SECOND AVE.l PROJECT IS AN APPROVED PROJECT BY THE CITY COMMISSION-
WITH THE FUNDIN6 TO COME FROM THE 1987 UTILITY TAX ONCE BIDS ARE AWARDED.
2. FIRE STATION NO. 5 ARCHITECTURAL/ENGINEERING FEES WHICH WERE INADVERTENTLY lEFT OUT OF THE 1990
DECADE OF EXCELLENCE BOND ISSUE AND THE COMMISSION HAS MOVED CONSTRUCTION FUNDS FROM
TYE SECOND ISSUE OF THE D.O,E. FOR PURPOSES OF ADVANCING THIS PROJECT.
3. CITY GARAGE IMPROVEMENTS WHICH ARE REQUIRED TO REPLACE UNDERGROUND FUEL TANK/HYDRAULIC lIFT DEVICES
RE~LACE FUEL DISPENSERS 6,300
CA~D CONTROL FOR FUEL SYSTEM 10,700
REMOVE WASTE OIL TANKS 8,800
INSTALL ABOVE GROUND OIL TANKS B,300
IiASTE OIL PUMP 1,800
REMOVE HYDRAULIC lIFTS 20,200
INSTALL ABOYE GROUND lIFTS 33,300
C0NTAM!\4TION CLEANUP 10,600
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100,000
4. TENNIS CENTER LIGHTING IS AN APPROVED PROJECT THAT WAS ORIGINALLY ~UNDED FROM THE
1989 NOTE CONSTRUCTION FUND WHICH HAS BEEN CLOSED
5. CDM"ISSION CHAMBERS PUBLIC ADDRESS SYSTEM AND OVERHEAD SCREEN ARE REPlACE"ENTS
WHICH ARE ALREADY PARTIALLY FUNDED BY THE 1987 UTILITY TAX CONSTRUCTION FUND
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FRON: CITY MANAGER f.M
SUBJECT: AGENDA ITEM # i'8 - MEETING OF AUGUST 27, 1991
CHANGE ORDER NO 2jRIC-MAN INTERNATIONAL, INC.
DATE: August 22, 1991
This is a change order to the contract between the City and Ric-Man
International, Inc. which extends the contract completion date for
the 16 Inch Transmission and Subaqueous Water Main project by one day
(September 22, 1991 to September 23, 1991) to construct an additional
eight inch water main to connect with an existing water main on
MacFarlane Drive. This project was scheduled to be completed later
this year; however, as the existing water main is deep, wet and
includes several utility conflicts, it is more cost effective to
install the line now.
While this change order is under $10,000, it is being brought before
you pursuant to the City's ordinances, which require City Commission
approval of change orders which involve a time extension.
Recommend approval of Change Order No. 2 to the contract with Ric-Man
International, Inc. extending the contract completion date for the 16
Inch Water Transmission and Subaqueous Water Main project by one day
(September 22, 1991 to September 23, 1991) .
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'.., ,,~ AUG 2 2 1991
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CI 'V "A" Ar. -R" . r ~-
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Wr~t_r'. O~r_ct L~n_
(407) 243-708l.
MEMORANDUM
DATE: August 21, 1991
TO: David Harden, City Manager
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Project #90-59 / 16-inch Transmission and Subaqueous
Water Main Project / Ric-Man, International, Inc.
Chanqe Order No. 2
Our office received the above-mentioned change order for
approval as to legal sufficiency and form. The change order,
while under $10,000, also calls for an increase in time of one
calendar day. Pursuant to the City's ordinances, this
particular change order must be approved by the City
Commission as a result of the increased time.
I am forwarding this to your attention so that it can be placed
on a City Commission agenda and be executed by the Mayor once
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Attachment
cc Bill Greenwood, Director of Environmental Services
Mark Gabriel, Asst. Director of Environmental Services
Vie Majtenyl, Engineering Technician
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CHANGE ORDEn.
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No. 2
Dated August 14, , 199..!- ' .
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Project No. Proiect 90-59 .
Project Nnme: i6-inch Transmission and Subaqueous Water Main Project
Funding source #225-3168-559-61-67 .
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Owner: City or Delray Bench, PlorIon
Contrnctor: Ric-Man, International, Inc.
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Contrnct Dnte: April 5, 1991 \
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.-.. To: Ric-Man International, Inc. , Contrnctor
You nre oIrected to make the following changes in the subject contract~
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Construct additional 8" water main north from 16-inch water main on MarFarlane
and tie-i,n to existing 8" \"Tater main per attached sketch.
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whIch chnnges nre more specificnlly described in the nttnchcd nm c.nd~d plnns, drnwinrrs, u.nd
speclficntIons.
The reason for. the change Is as follows: 8" water main scheduled to be constructed at a
later date under Project 91-16. Since water mai~ is deep (elev 4.0), wet and
includes several utility conflicts, it would'be more cost effective to install this line
now. ',," .
The contract prIce nnd contrnct'~Ime shall be ndjusted bccnuscof 1Juch cl1ttnr.re~ as follows:
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,-. A~ Contract Price'
1. Contract price prior to this change Order: I $ 535,872.50
Page One of ,Two rages
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2. 'l-Te't Incrense resulting from this change ,order~ , ,
$ 7969.33
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, 3. Current contrnct price Including this change order: $' 543,841.83
. D.', Contract TIme .
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i 1. Contract tIme prIor, to this chnnge order: 165 calenda~ days (September 22, 1991)
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" 2. Net Increase resultIng from. thIs cnange ,order~ 1 calendar day
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. :1.., Current contract time including this, chnnge order: ,166 calen'dar days (September 23, 1991
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By: ,
. . David T. Harden
Attest: . CitY,Manager
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Ci ty Clerk .
. CIty of Delrny Beach "
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.'-- ',pproved as to form:
. City Attorney
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The nbove changes are accepted on , In 9_" I unde~tn.nd that au the
provisions of the Contract'Document related to Project No. ' which (U'c not
inconslstent, with, the terms of .:this Change Order shrill. remain in effec t and npply, to nJl werl(
. un~ursu.nt to. this :Ch.n~e Order: .
Witne' . .
~ . . . . RiC~Ma~ ~ntern.tiona],.: Inc', ~. C,ONTltACTOlt
Dy. ^iA .~ ' ,~?
As to Con trae tor TiUe
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Page 'Two' of Two Pages
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F.:IC-to1AN INTL. I N C .
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R JIM MORRIS FROM: RENE L. CASTILLO <t -J:"- JJ
TO . t}~{O
P.B.S. & J. RIC-MAN INT. INC.
FAX 407-&89-3884 FAX 305-9&0-0545
titsC> ,d. IAh~l?t. 1~7- z43'" 7Q~ 0
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l SLlRJ[(:r ADD'L BOO PIPE & .Firi.lNGS PROJECT: 1&~ TRANSM. & SUBRQUEOUS W.M. 1
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DATE a-12-C)t
MESSAGE PER YOUR REQUEST WE HAVe: REVIEWEO OUR QUOTE OF' B"~-~1 (MEMO),
AND HAVE REVISED IT AS FOLLOWS:
MATERIALS WITH TAX 1 25&3.&1 2:3&3.b1
LABOR 10 HRS @ 213.00 IHR 2130.00
EQUIPMENT 10 HRS @ 159.00 IHR 1590.00
DEWATERING S HRS @ 71 . 50 /HR 357.50
ADDtL MOB, TEST, MOT 1.00 &0&.00 606.1210
TOTAL 6&41. it
GEN O/H & ~ROFIT 20 i. 13Z8.28
I TOTAL P, %9. 33
I ABOVE PRICE IS FOA WORK UP TO lB' SOUrH OF THE SOUTHERN 't5 BEND.
, ADDITIONAL ~OOTAGE AT. ~25.00 PER FOOT INCL~e~TION.
)r:IOTE!
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DATE
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I MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf)""!
SUBJECT: AGENDA ITEM # (e, - MEETING OF AUGUST 27, 1991
AUTHORIZATION TO ENTER INTO QUIT CLAIM DEED/WAIVER OF REPLAT
FEES
DATE: August 22, 1991
This item is before you to authorize the City Attorney's office to
enter into a quit-claim deed with the landowner of Lots 13 and 14 of
Breezy Ridge Estates (S.W. 27th Avenue) for a 25 foot strip of
property to be included in the City's right-of-waYi and, to consider
a request for waiver of future replat fees for that property,
Due to a surveying error, the property dedicated pursuant to the plat
was approximately 47 feet short in the east/west dimension along West
Atlantic Avenue. The west 47,13 feet of the property depicted in the
plat, which includes S,W. 27th Avenue and a portion of Lots 13 and 14
were not owned by the parties dedicating the property under the plat,
Consequently, the City's right-of-way for S,W, 27th Avenue may exist
in a reduced state.
In order to correct this error, the landowner's representative, has
proposed that instead of replatting the whole subdivision, his client I
will Quit-Claim to the City a 25 foot strip of land where the road
would have been if the land had been properly platted. In return, ,the
City is asked to Quit-Claim any interest it has in Lots 13 and 14 to
the landowner. The net result would be to have the road right-of-way
exist where and as everyone believes it does, and to allow Lots 13 and
14 to be whole without the necessity of disturbing all other property
owners within the subdivision.
Additionally, the landowner's representative has indicated that due to
the error, a replat will be necessary to correct the legal description
and the location of the boundaries for Lots 13 and 14. Thus, he is
requesting that the Commission waive all costs and charges with
respect to the replat if they elect to do so in the future.
Recommend approval of request to enter into a quit-cfaim deed with the
landowner of Lots 13 and 14 of Breezy Ridge Estates and approval of
re~uest for waiver of future replat fees for that property.
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:;d:; j;:: t ~ 00L1t hw,;:.st 27 th Kvpnu~" Breezy Ri.dge Estates Plat
The :itto.rney for t.he ()I..mer of Lots 13 and 14 of the Breezy
f..:;.l1g(; E,:.;.l:atE'S Plat. for'wa,rded information to me regarding an
:::t r.'Jr 1>1 t.he plat. Due to a E,llrvcying error, the property
~cdlcat.ed pursuant to the plat was approximately 47 feet sho~t
in the: East/West d.imension along West Atlantic Avenue. 'rhe
;'/E'S t 47,13 feE:t of the pl'operty depi cte:d i.n t.he Plat, which
ll"Acluctcs South....1CSt 2.7th Avenue and a portion of lots 13 and 14
were not owned by the parties dedicating the property under the
PIa t. Consequently, the City's 1" ight-of .'\,-Jay for Southwest 27th
;"venllC may exist in i.\ reduced state.
=: q c'l:del' t.o '::01' rectthis error, Mr. Robert Federspiel, the
}.:,.n,:3::Jlv.Jii8I'S dt.tcTney, has proposed that instead of teplattinq
[lIe whal.", sulxll vision dlld c12c:!.ting havoc among t.he propel ty
')~';!H;:;r.sJ that his client will Quit-Claim to the City a 25' strip
.;:.f L3,nd "'iheu: the- road would have been if the land had been
r'roperly :p lCltt~d. The Ci ty would then Quit-Claim any interest
it. ',oiuuld lldve had in Lots 13 dnd 14 to the lando...mer. The net
result would be to have the road right-of-way exist where and
~s everyone believes it does, and to allow Lots 13 and 14 to be
~~hole without the necessity of disturbing all other property
'J;....ncrs within the Subdivision.
~\t c.bis time I am requesting that the City Commiss~on authorize
;:11is office to enter into a Qui.t-Claim deed with the landown<:>I
in OJ~der to ensure that the l'i.ght-of-way for Southwest 27th
-".venue exists in its propel' location. Mr. Federspiel also
Lndicated that due to the error, a replat will be necessary to
I.on.8ct the legal description and the locat.ion of the
t'OtlIldaries fo.t' Lots 13 and 14. 'I'hus, he is l'equesting that the
City waive all costs and charges with respect to the replat if
~hey elect to do so in the future.
:t t is recOImnended that the Commission grant t.he City Attorney's
\)ffic~ to Qui t-Claim the above mentioned property, and that the
C.)ffimission ,viiive the costs and fees associated with the
replatting.
DNT:sh
SPINNER. DITTMAN. FEDERSPIEL &: DOWLL~O
ATTORNEYS AT LAW
A PARTNERSHIP INC~UCING PROF"ESSIONA~ ASSOCIATIONS
SOl EAST ATLANTIC AVENUE
DELRAY BEACH, F"LORIDA 33483
(407) 276-2900
ROBERT A, DITTMAN F"AX
DONALD C. DOW~ING (407) 276.5489
ROBERT W. FEDERSPIEL, p, A. " CA 'AUG 9 \':,;1 1 WEST PALM BEACH LINE
JOHN W, SPINNER (407) 736-0400
August 8, 1991
David Tolces,
Assistant City Attorney
City of Delray Beach
200 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Southwest 27th Avenue, Delray Beach/Breezy
Ridge Estates Plat
Dear David: .
As a result of our meeting I indicated to you I would describe in writing the problem which we have
been working on, as well as my recommended solution.
It has been determined that due to a surveying error the property dedicated pursuant to the Plat of
Breezy Ridge Estates in Plat Book 23, Page 105 of the Public Records of Palm Beach County, Florida
was approximately 47' short in the East/West dimension along West Atlantic A,~enue (formerly known
as Delray Road West). In fact it has been determined that the East 47.13 feetpf the property depicted
in the Plat, which included Southwest 27th A venue and a portion of Lots 13 and 14, were in fact not
owned by the parties dedicating the property under the Plat. Enclosed please find a copy of a survey
which we have had prepared by O'Brien, Suiter & O'Brien evidencing the overlap in question,
This firm represents Alfred M, Dye, as Trustee of the A,M. Dye Living Trust who has acquired title
to the subject overlap property pursuant to the Deed from the successors in interest to the First
Encounter Limited Partnership, a copy being enclosed for your reference. Again, the overlap
property includes what was originaJ1y contemplated to be Southwest 27th Avenue and a portion of
Lots 13 and 14 of Breezy Ridge Estates. It is possible that the City of Delray Beach has acquired an
interest in a portion of Lots 13 and 14 to the extent that the Uniform Title Standards might apply to
allocate the shortage within the Plat across all lots and streets within the Plat. Accordingly, the City's
25' road right-or-way might exist i~ a reduced state within Lots 13 and 14 and the shortage would
be allocated to shift all lot boundaries within the Plat accordingly. Rather than create havoc among
all property owners within the Plat, I would propose that we solve the problem by having my client
Quit-Claim to the City the 25' strip of land where the road would have been had the Plat been correct
and the City Quit-Claim to my client any interest it might have in and to the remainder of the overlap
property as well as Lots 13 and 14, The net result would be to have the road right-of-way exist
where and as everyone believes it does and have Lots 13 and 14 be whole without the necessity of
disturbing all other property owners within the Subdivision.
,
.
.
.,
~
. An additional matter I am considering is the advisability of replatting Lots 13 and 14 after these
conveyances to include the overlap property less the road right-of-way within Lots 13 and 14 for
t simplification of the legal description acting almost as a corrective .Plat. In that this property is vacant
and given the fact that we are merely trying to correct a longstanding problem, we would request that
the City waive all costs and charges with respect to the rcpJat if we elect to proceed in that manner.
It is my understanding that you will present tbis issue to tbe City Commission at tbe meeting of
August 27, 1991 and I will be present to answer any questions which may arise. Thank you for your
cooperation in resolving this matter.
Sincerely,
ROBERT W. FEDERSPIEL, P.A,
':r-d
Robert W. Federspiel
RWF:kp
cc: Alfred M, Dye
C & S (Cris Boehler)
Michelle Schulman
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER flvl'
SUBJECT: AGENDA ITEM # iD - MEETING OF AUGUST 27, 1991
REQUEST FOR FINAL PAYMENT/EDWARDS ELECTRIC CORP.
DATE: August 22, 1991
At your July 16th special meeting the Commission authorized the
emergency award of contract to Edwards Electric Corp. in an amount not
to exceed $10,000 for the temporary repair to the electric bus at the
Water Treatment Plant. Subsequently, permanent repairs were required,
as recommended by the manufacturer, Westinghouse. Therefore, an
additional $12,340 was needed to cover the cost of removal and
replacement of all the bus duct with conduit and cable. Funding is
available in Water and Sewer Renewal and Replacement Fund Equipment
Replacement (Account No. 442-5178-536-61.76). Account balance
$27,208,41.
Recommend approval of request for final payment from Edwards
Electronic, Corp. in the amount of $12,340 with funding from Water and
Sewer Renewal and Replacement Fund Equipment Replacement (Account No.
442-5178-536-61.76) .
- ~
MEMORANDUM
1- I r);r3( '1 (
TO: David T. Harden jd.!t<f .0. .
city Manager
THRU: Mark Gabriel, P.E. "11/, ().
Acting Director of Environmental Services
FROM: Don Haley
Superintendent of Water Treatment Plant
SUBJECT: EDWARDS ELECTRIC PURCHASE ORDERS -
501860, 502435 BREAKDOWN
DATE: August 23, 1991
Purchase order 501860 was issued to expedite the start of work at
the Water Plant after the July 9th fire. This purchase order
covered the temporary 750 Amp drop cord to bypass the electric
bus. It also covered the removal of the burned out section of
bus, so it could be replaced with a new section. This consumed
$6,866.00 of the $9,999.00 purchase order. The remaining dollars
were to be used toward smoke/fire/heat detection units in the
Water Treatment Plant.
The evaluation of the remaining bus by Westinghouse (the
manufacturer) was, "It had to be replaced". Note this bus was of
1972 installation.
A second purchase order for $12,340.00 is being requested to
cover the removal and replacement of all the bus duct with
conduit and cable. This will cover all materials and labor need
to complete this work.
The work is all completed and the Water Plant is back to normal.
G~ \;J
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Don Haley
DH:smm
cc: William H. Greenwood, Director of Environmental Services
File; Memos to City Manager
DHEDWR23.SMM
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER eM
SUBJECT: AGENDA ITEM # <(e - MEETING OF AUGUST 27, 1991
RATIFICATION OF EMERGENCY PURCHASE
DATE: August 22, 1991
On August 16th I notified the Commission of the need to make an
emergency purchase of a 200 HP motor in order to insure that an
adequate supply of potable water is available while the elevated tank
at the Water Treatment Plant and the north reservoir are being
rehabilitated.
This item is therefore before for you for formal action to declare an
emergency, waive the bidding procedures, and approve the purchase of a
200 HP motor from Hydro Pumps, Inc. in the amount of $14,710. Funding
is available from Water and Sewer Repair and Replacement
Equipment (Account No. 442-5178-536-61.76).
Recommend approval the Commission declare an emergency, waive bidding
procedures and approve the emergency purchase of a 200 HP motor from
Hydro Pumps, Inc. in the amount of $14,710 with funding from Water
and Sewer Repair and Replacement Equipment (Account No,
442-5178-536-61.76) .
. . <..'i';rc(q( /);CJ
.-. ........--
[ITY DF DELAAY BEA[H .
100 N.W.1st AVENUE DELRAY BEACH. FLORIDA 33444 407/243-7000
i
,
MEMORANDUM
TO: Mayor and City Commission
FROM: David T. Harden, City Manager~
SUBJECT: EMERGENCY REPLACEMENT OF HIGH SERVICE PUMP MOTOR
DATE: August 16/ 1991
The purpose of this memorandum is to give members of the City
Commission notice in accordance with Sub-section 36.08(C) of the City
Code that I have approved an emergency purchase in excess of $10,000.
I have taken this action in accordance with the City Code because a
quorum of the City Commission was unavailable for an emergency meeting.
We have two high service pumps out of service. These pumps are used to
maintain water pressure in our water system. One of the pumps is being
rehabilitated and will be placed back in service today. The other
requires replacement of the motor. Replacement of this pump motor is
required on an emergency basis because the contractors are scheduled to
begin work on the elevated tank at the Water Treatment Plant and on the
north reservoir behind the City Attorney's office next week. The lead
time to obtain a new pump motor and get it installed is three to four,
weeks. The north reservoir and the elevated storage tank are scheduled
to be drained shortly after september 10th. If we waited until the
August 27th Commission meeting to obtain approval for this purchaser we
would have to hold up the contractors in working on these two projects.
.
The pump motor we are purchasing is a 200 HP motor. We have obtained
three quotations ranging from $14/710 to $21,586. I have approved the
purchase from Hydro Pumps, Inc. of Plantation, Florida for $14,710.
This purchase will be placed on the agenda for the August 27th
Commission meeting for ratification by the City Commission.
DTH:nr
THE EFFORT ALWAYS MATTERS
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t'J1-1
SUBJECT: AGENDA ITEM # ~F - MEETING OF AUGUST 27, 1991
CANCELLATION OF CONTRACT/BARNETT BANK'S TRUST COMPANY
DATE: August 22, 1991
At your May 14th meeting the Commission authorized the City Attorney's
Office to enter into a contract with Barnett Bank's Trust Company to
purchase property located at 521 N.W. 2nd Street in lieu of payment of
certain liens on the property, The terms of the contract were that
the City would forgive certain City liens in the approximate amount of
$2,600j pay bacl;.: taxes in the approximate amount of $1,350j pa,y for
a title search in the approximate amount of $200j and pay a $500 fee
to Security Investments, Inc. for a deed in lieu of foreclosure. The
closing on the property was scheduled for July 1 , 1991.
\
Subsequently, the attorney for Barnett Bank has notified us that there
is an additional judgment lien in the amount of $2,108.50 on the
property which would not be assumed by Barnett Bank and thus would be
assumed by the City if the City closed on the property. Additionally,
the title history of this property is somewhat tortured. Therefore,
because of the convoluted nature of the title ,and the outstanding
judgment lien, the City Attorney's Office recommends that we cancel
the contract with Barnett Bank.
The contract states that if the seller fails to perform the contract
(i. e. transfer the property for the amount of the City's liens, back
taxes, title insurance expense, and for a fee of $500 in lieu of
foreclosure) that the City may seek specific performance or elect to
receive the return of buyer's deposits, or seek an action for damages.
The City has not expended any funds to secure the property, nor has it
made deposits. Additionally, because of the state of the title and
the relatively low value of the land, the City Attorney's office
recommends that we do not pursue legal action against Barnett Bank for
damages, but instead consider the contract null and void.
Recommend cancellation of the contract between the City and Barnett
Bank's Trust Company for the purchase property located at 521 N.W. 2nd
Street, The Community Improvement Department concurs with the City
Attorney's recommendation.
~
.
[ITY DF DELRAY BEA[H 'I
CITY ATTORNEY'S OFFICE. 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755 Wr~t_r._ D~r_ct L~n_
(407) 243-70gJ..
MEMORANDUM
DATE: August 15, 1991
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Barnett Bank's Trust Company, N.A., as Trustee for
Mildred C. Beuthel vs. Security and Investment Corp./
Property located at 521 N.W. 2nd Street, Delray
Beach, Florida 33444
The City Commission, at its meeting on April 16, 1991, gave
direction for our office to prepare an appropriate contract for
the acquisition of the above-named property for t.he purpose of
acquiring infill housing. The City Commission approved the
contract at their May 14, 1991 meeting.
The terms- of the contract were that the City would forgive
certain City liens in the approximate amount of $2,600.00; pay
backtaxes in the approximate amount of $1,350.00; pay for a
title search in the amount of $200.00; and pay a $500.00 fee to
Security Investments, Inc. for a deed in lieu of foreclosure.
The closing on the property was scheduled for July 1, 1991.
The attorney for Barnett Bank regarding this particular matter
has communicated with our office that there is an additional
judgment lien in the amount of $2,108.50 which would not be
as s umed by Barnett Bank and thus would be assumed by the City
if the City closed on the property.
The title history of this property is somewhat tortured.
Security Investment, Inc. obtained title to the property in a
mortgage foreclosure proceeding. Barnett Bank, as trustee,
loaned Security Investment Corporation $15,096.23 which was
secured by a mortgage on the property. Security Investment
defaulted on the note and filed for bankruptcy. The bankruptcy
trustee abandoned the property enabling Barnett, as trustee, to
proceed with a foreclosure action. Barnett Bank contacted us
to determine if we were interested in the property. Barnett
Bank did not want to pursue foreclosure because of the value of
the property, the amount of the existing liens and the cost to
foreclosure which in their opinion made it economically
.
.
City Commission
August 15, 1991 l
Page 2
undesirable. Barnett Bank is in the process of obtaining a
deed in lieu of foreclosure from the trustee in bankruptcy and
Security Investment Corp. The problem which currently exists
is that the City's acceptance of such deed would not eliminate
an outstanding judgment in the amount of $2,108.50 which exists
as of October 31, 1985. There would also be interest on the
judgment.
At this time, because of the convoluted nature of the title,
the outstanding judgment lien which the City by contract did
not previously agree to accept, it is our office's
recommendation that. we cancel the contract with Barnett Bank.
The contract states that if the seller fails to perform the
contract (i. e. transfer the property for the amount of the
City's liens, backtaxes, title insurance expense, and for a fee
of $500.00 in lieu of foreclosure) that the City may seek
specific performance or elect to receive the return of buyer's
deposits, or seek an action for damages. The City as of this
date has not expended any funds to secure the property, nor has
it made deposits.
Because of the state of the title of the property, the
$6,000.00 value of the land, it is our office's recommendation
that we--.<;io not pursue legal action against Barnett Bank for
damages, but instead consider the contract null and void.
By copy of this matter to David Harden, City Manager, our
office is requesting this matter be placed on a City Commission
~ their consideration.
sM(
cc David Harden, City Manager
. .
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CI'l'Y MANAGER t~l
SUBJEC'l' : AGENDA ITEM # .g" G - MEETING OF AUGUST 27, 1991
REQUEST TO CLOSE LINTON BOULEVARD/SOAP BOX DERBY RALLYS
DATE: August 22, 1991
We have received a request from the Delray Beach Soap Box Derby
Committee to close Linton Boulevard, between Federal Highway and Ocean
Boulevard, on October 12, 1991 and on February 15, 1992 to hold two
Soap Box Derby Rally races, The road and bridge will be closed from 7
a.m. until the conclusion of the races. Previously, the Commission
has approved requests of this nature.
The race will be run along the westbound lane of Linton Boulevard,
thus making the eastbound lane available for pedestrian and emergency
vehicle traffic. Each Derby Rally will start at approximately 9 a.m,
and last until mid-afternoon.
Recommend approval of the request from the Delray Beach Soap Box Derby
Committee to close Linton Boulevard, between Federal Highway and Ocean
Boulevard on October 12, 1991 and February 15, 1992 from 7 a.m. until
the conclusion of the Soap Box Rally races.
.
DELRAY BEACH SOAP BOX DERBY
********************************************************
ox
Delray Beach, FL 33447
Mr. David Harden " . __
Delray Beach ci 1;y Manager .t{ .t. C E J V E D
100 Northwest Flrst Avenue .
Delray Beach, Florida 33444 AUG 5 1991
re: National Derby Rally CITY MANAGER'S OFFICE
Dear Mr. Harden:
In conjunction with the 1991 and 1992 Delray Beach Soap Box Derby,
the organizing committee is planning two "NDR Soap Box Derby
Rallys". The dates are October 12, 1991 and February 15, 1992. Both
dates are Saturday's and each following Sunday as rain/makeup date.
These events are sponsored by the Gold Coast Delray Beach Soap Box
Derby, Inc. COtD.lJlittee, Delr",y~aieJ'j..-sunrise Kiwanis Club and Boca
Raton - sunris.'I).j.WiUlism~g..~ch<,Ji)e:r;;b;v;~~I.I.Y will start at
approximately 9:'''AM al1,",~.ast~1'1til ,.I.-.ft.~~on. A Derby Rally
is a less formal~'IIr19~1.,~tJ'j.a,.<'~lre. ~It~.y ..eh race held in the
summer. It allow..<fltlile~(!'!eJ.tJJ.E!'P!C'rtt1nlty ~QP(!'!actice driving the
hill and gain eXQ.etlJiencean(l confideno..
As in the annuall2 Del:r;;aY~dh<.race,w;e. ,reCNest the use of the
Linton BoulevarClBriage.l'tiisli1illre~iret;hat the bridge be
closed to vehic'lllt!r t(!'!lr~f:iw.~ Cl'U:r:;.j.llgithelio'Uflts of the race. The races
will be run..own wes't$J!lo\fI1Cl..illilI1E!'$I.<towat'ds ,I1S#l, freeing the
eastbound lanes.or e11ler..l'J..y'V'e6icl.es.a~a peClestrians.
We reauest tha~lerm.~';$l>n be~.iIfJ~,~t()C1QfeJJinton Boulevard
between US#l alli^lA ,.,~'lj!ach~,<=:.CI>aiJi~I:I)/12~~J' & 2/15/92) from
approximate Iv 7:~_AMlI~~'~J~.~~mol~,.CI' of_". races. We will
supply ample barlZ!icad~~i~itlial~l:'.pria'fe"roaClclosed" signage at
Federal Highway and Al^,.similarto p~.tyears. Ample sanitation
facilities will be provided thr!!)~1f1 Waste Management. We have also
notified the county bridgetende~sdepartment, and anticipate their
cooperation as in the past.
Please notify us of any further procedures reCNired to obtain
authorization to follow through with the above.
Sincerely,
~:j=
Delray Beach Soap Box Derby Committee
cc: Steve Gallo, 1992 Chairman
Boca Raton Sunrise . Delray Beach Sunrise
Kiwanis Clubs
.
TO:-' . Action INFO SIGNATURE and DATE
1 pr~~s~~IX~g~~~a 0 i~e~91
Joe Weldon X
2
3
4
5
6
7
8
9
10
FROM: DATE Suspense
Date
City Manager 8-6-91
REMARKS:
ACTION - 48 hours INFO - 24 hours RETURN TO SENDER
,
. .
4
Agenda I tem No.:
AGENDA REQUEST
Date: 8/7 /91
Request to be placed on:
X Regular Agenda Special Agenda Workshop Agenda
When:
Description of agenda item (who, what, where, how much):
Delray Beach Soap Box Derby Committee requests that permission be grantea to cLose
the Linton Boulevard between USltl and AlA tor two "NJJR tioap .Hox JJerby Rallys" on
each race day (10/12/91 and 2/15/92) from approximately 7:00 a.m. until the conclusion
of the races. A Derby Rally is a less formal function than the Delray Beach race held
in the summer and allows racers the opportunity to practice, gain experience & confidence.
ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval to hold the two race rallvs on 10/12/91 and
?/l'1/Q?
Department Head Signature:
Determination of Consistency Comprehensive Plan:
City Attorney Review/ Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: @/ NO [1'-'1
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved
. . .
,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER [?vi
SUBJECT: AGENDA ITEM # 'i H - MEETING OF AUGUST 27, 1991
RESOLUTION NO. 64-91
DATE: August 22, 1991
Existing administrative policies require that a list of all items
judged to be surplus property and which needs to be disposed of must
be brought before the City Commission for approval prior to
disposition. City Code Section 36.36 addresses the disposition of
personal property; however, does not set forth specific procedures to
be followed other than noticing requirements. As proposed, the City
Manager would be authorized to dispose of surplus property in the
following categories, without Commission approval:
1. All abandoned and unclaimed property coming into the
possession of the City or its departments.
2. All vehicles and equipment budgeted for replacement.
3. All other pieces of property with an original purchase price
of less than $500. (This limit has been set because this is the
dollar value at which an item becomes a fixed asset).
Approval to dispose of all other items which fall outside of these
categories would remain with the Commission.
Recommend approval of Resolution No. 64-91 authorizing the City
Manager to dispose of surplus property under certain conditions.
~ on ~
'8/on /9/
~
~~...__. .- -"'--~ --- "--_._-~.-...- - _.-._--~" -- - ..._._--._---_.~--- - - -~._----_._-_._- -- -----._-
-.----- ~~~-_.- ----_.__..~.._----------_._----~.._-~._------
RESOLUTION NO. 64-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISPOSE OF SURPLUS PROPERTY UNDER CERTAIN CONDITIONS.
WHEREAS, from time to time the City of Delray Beach comes into
possession of abandoned or unclaimed property; and,
WHEREAS, certain vehicles and equipment of the City of Delray
Beach are called for in the annual budget to be replaced; and,
WHEREAS, in addition to the above, the City of Delray Beach has
other pieces of property, each with an original purchase price of less
than $500.00, which are no longer economical for the City to keep or
maintain; and,
WHEREAS, disposal of such property may more efficiently be
accomplished by administrative personnel of the City without the prior
approval of the City Commission as to each piece of property,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That it is the judgment of the City Commission of
the City of Delray Beach, Florida, that property in the following three
categories may and should be disposed of by the City Manager, in his
discretion following public notice, without prior approval of the City
Commission, but not to conflict with any existing ordinance or Charter
provision, by sale at auction or by sealed bid, or by trade-in on a
similar item, whichever he determines will bring the City the best
return.
a. All abandoned or unclaimed property coming into
the possession of the City of Delray Beach or one
of the City's departments; and,
b. All vehicles and equipment of the City of Delray
Beach which the annual budget calls for to be
replaced; and,
c. All other pieces of property than the above with
an original purchase price of less than $500.00.
Section 2. That the City Manager shall make a special annual
accounting to the City Commission of all such property so disposed of
and the revenues generated by their sale.
Section 3. That this Resolution shall become effective
immediately upon adoption.
i
PASSED AND ADOPTED in regular session on this the 27th day I
of
August, 1991.
j
MAY 0 R I
ATTEST: t
,~
. City Clerk
- /~) {C,-L"
[IT' DF DELIA' BEA[H
100 N.W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 4071243-7000
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~Robert A. Barcinski, Assistant City Managerl
Administrative Services
SUBJECT: Agenda Item # City Commission Meeting August 27, 1991
Resolution Giving the City Manager Authority to Dispose
of Surplus Property Under Certain Conditions
DATE: August 13, 1991
ACTION
The City Commission is requested to approve the attached resolution
giving the City Manager the authority to dispose of surplus property
for the following categories without City Commission approval:
1 ) All abandoned and unclaimed property coming into
the possession of the City or its departments.
2 ) All vehicles and equipment budgeted for replace-
ment.
3) All other pieces of property with an original
purchase price of less than $500.
BACKGROUND
Existing administrative policies require that a list of all items
judged to be surplus property and which need to be disposed of be
brought before the City Commission for approval. City Code Section
36.36 addresses the disposition of personal property. The code does
not set forth specific procedures to be followed. This has been done
in the past through administrative policy. A $500 limit has been set
for the third category because this is the dollar value at which an
item becomes a fixed asset.
RAB:kwg
cc: Ted Glas
Jeffrey Kurtz
THE EFFORT ALWAYS MATTERS
.
MEMORANDUM
'ro: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ('?vi
SUBJECT: AGENDA ITEM # ~:r - MEETING OF AUGUST 27/ 1991
RESOLUTION NO. 63-91
DATE: August 22, 1991
This item is a resolution assessing costs for abatement action
required to remove nuisances on 32 properties located within the City.
The Resolution sets forth the actual costs incurred and provides the
mechanism to attach liens on these properties in the event the
assessments remain unpaid,
Recommend approval of Resolution No, 63-91 assessing costs for abating
nuisances on 32 properties located within the City,
.
.---- .._~._.._._._--- - ._,._.._~----~- - --..-- .--.- ._-_._.~-----_.- ----~- ._----- ~----------
---_._,~--- --'-~'- .---.-.--- -------._------- ---...----- .-.-.-.-
.----.-. --~~-------------- --_._~_...
RESOLUTION NO. 63-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN
THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF
LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING
OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF
NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO
BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS-
MENTS.
WHEREAS, the City Manager or his designated representative has,
pursuant to Chapter 100 of the Code of Ordinances, declared the exis-
tence of a nuisance upon certain lots or parcels of land, described in
the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the
Code of Ordinances of the City of Delray Beach, the City Manager or his
designated representative has inspected said land(s) and has determined
that a nuisance existed in accordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish the respective
owner{s) of the land{s) described in the attached list with written
notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22
of the Code of Ordinances describing the nature of the nuisance(s) and
sent notice that within ten (10) days from the date of said notice
forty-two (42) days in the case of violation of Section 100.04 pertain-
ing to seawalls) they must abate said nuisance, or file a written
request for a hearing to review the decision that a nuisance existed
within ten (10) days from the date of said notice, failing which the
City of Delray Beach would proceed to correct this condition by abating
such nuisance, and that the cost thereof would be levied as an assess-
ment against said property; and,
WHEREAS, the property owner(s) named in the list attached
hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request
a hearing pursuant to Section 100.21 and 100.22 within the time limits
prescribed in said notice and Chapter 100 of the Code of Ordinances, or
if the property owner(s) did request and receive a hearing, said prop-
erty owner(s) failed and/or neglected to abate such nuisance(s) within
the time designated at the hearing wherei~ a decision was rendered
adverse to the property owner(s); and,
WHEREAS, the City of Delray Beach, through the City Administra-
tion or such agents, or contractors hired by the City Administration was
therefore required to and did enter upon the land(s) described in the
list attached and made a part hereo f and incurred costs in abating the
subject nuisance(s) existing thereon as described in the notice; and,
WHEREAS, the City Manager of the City of Delray Beach has,
pursuant to Chapter 100 of the Code of Ordinances of the City of Delray
Beach, submitted to the City Commission a report of the costs incurred
in abating said nuisance(s) as aforesaid, said report indicating the
costs per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach,
pursuant to Chapter 100 of the Code of Ordinances desires to assess the
cost of said nuisance(s) against said property owner(s),
.
----.-- ----- ~ -- __._______________ .__n__ --.- --- - - ------ - ------ ---- ------- n__________
,-------- ----- --. -----~---
------ ------ --------~----------
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown
by the report of the City Manager of the City of Delray Beach, involving
the City's cost of abating the aforesaid nuisances upon the lots or
parcels of land described in said report, a copy 0 f which is attached
hereto and made a part hereof, are hereby levied against the parcells)
of land described in said report and in the amount(s) indicated thereon.
Said assessments so levied shall, if not paid within thirty (30) days
after mailing of the notice described in Sec. 3, become a lien upon the
respective lots and parcel (sl of land described in said report, of the
same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and fore-
closures are under state law.
Section 2. That such assessments shall be legal, valid and
binding obligations upon the property against which said assessments are
levied.
Section 3. That the City Clerk of the City of Delray Beach is
hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the
County Tax Assessor, notice (s) that the City Commission of the City of
Delray Beach on the has levied an
assessment against said property for the cost of abatement of said
nuisance by the City, and that said assessment is due and payable within
thirty (30) days after the mailing date of said notice of assessment,
after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Lien shall be mailed,
along with the Notice of Assessment and this resolution.
Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained
herein shall become due and payable thirty (30) days after the mail ing
date of the notice of said assessment(s), after which a lien shall be
placed on said property(s), and interest shall accrue at the rate of
eight ( 8) percent per annum plus, if collection proceedings are
necessary, the costs of such proceedings including a reasonable
attorney's fee.
Section 5. That in the event that payment has not been
received by the City Clerk within thirty (30) days after the mailing
date of the notice of assessment, the Ci ty Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm
Beach County, Florida, and upon the date and time of recording of the
certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at
the rate of 8%, and collection costs including a reasonable attorney's
fee.
I PASSED AND ADOPTED in regular session on this the day
of , 1991.
i
lj MAY 0 R
Ii ATTEST:
.1
!I City Clerk
I
!i
iI 2 -
II - Res. No. 63-91
.
I,
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCES
PROPERTY DESCRIPTION OWNER ASSESSMENT
LOTS 3 & 4, BLK 72, TOWN OF THOMAS G. MURRAY $ 51. 00
DELRAY, PB 10, P 57, PUBLIC DEBORAH L. NOCERA 70.00 (ADM.. COST)
RECORDS, PALM BEACH COUNTY,FL 6159 LA VIDA TERR (RECORDING)
(309 SOUTH SWINTON AVENUE) BOCA RATON, FL 33433
LOT 17, BLK 2, PRIEST'S ADD ~'l . & LOIS CLEMONS $ 85.00
TO ATLANTIC PARK GARDENS, 118 SW 14TH AVENUE 70.00 (ADM. COST)
PB 23, P 70, PUBLIC RECORDS, BOX 1151 (RECORDING)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447
(118 SW 14TH AVENUE)
N35' OF LOT 3, BLK D, J. & MARIA URIDIALES $ 56.00
RIDGEWOOD HEIGHTS, DELRAY, 1401 NW 1ST COURT 70.00 (ADM. COST)
PB 14, P 44, PUBLIC RECORDS, BOYNTON BEACH, FL 33436 (RECORDING)
PALM BEACH COUNTY, FL
(SW 7TH AVENUE)
S50' OF N250' OF E135' OF BLK ERROL GAYLE $ 99.00
13, TOWN OF DELRAY, PB 1, P 3, 20 SW 6TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 (RECORDING)
COUNTY, FL
(SW 6TH AVENUE)
S5' OF LOT 1 & N71.5' OF SYLVIA SCHUPLER, TRUST $ 16.00
LOT 2, BLK 30, TOWN OF DELRAY, 3101 WASHINGTON ROAD 70.00 (ADM. COST)
PB 1, P 3, PpBLIC RECORDS, W. PALM BEACH, FL 33405 (RECORDING)
PALM BEACH COUNTY, FL
(SW 5TH AVENUE)
N70' OF E 136' OF BLK 71, WILBERT H. & $ 20.00
TOWN OF DELRAY, PB 1, P 3, GLORIA D. JONES & 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH CLAYTON N. JONES (RECORDING)
COUNTY, FL 206 SW 14TH AVENUE
(22 SE 2ND STREET) DELRAY BEACH, FL 33444
LOT 5, BLK 7, OSCEOLA PARK, SCOTT & JANE E. LAYMAN $ 96.00
PB 3, P 2, PUBLIC RECORDS, WM. & MARILYN HUTCHESON 70.00 (ADM. COST)
PALM BEACH COUNTY, FL 225 NE 25TH STREET (RECORDING)
(618 SE 4TH AVENUE) BOCA RATON, FL 33431
S1/2 OF LOT 13 & LOT 14, PAUL PIAZZOLLA JR. $ 88.00
BLK 70, (OLD SCHOOL SQUARE 3701 N. DIXIE HWY. 70.00 (ADM. COST)
HISTORIC DISTRICT), SUNDY & POMPANO BEACH, FL 33064 (RECORDING)
CROMER AMND. PL., PB 6, P 70,
PUBLIC RECORDS, PALM BEACH
COUNTY, FL
(130-132 SE 1ST AVENUE)
-3- Res. No. 63-91
I' ;~
.
Sl/2 OF LOT 19 & LOT 20, ARTHUR C & DEBRA HAFEMANN $262.00
BLK 88, LINN'S ADD TO OSCEOLA 9898 E WATERMILL CIRCLE 70.00 (ADM. COST)
PARK, PB 1, P 133, PUBLIC BOYNTON BEACH, FL 33437 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL
(330 SE 3RD AVENUE)
LOT 21, BLK 95, LINN'S ADD TO THOMAS MELBA & JOHN MILLS $121.00
OSCEOLA PARK, DELRAY, PB 1, JOHN FALKENHAGEN 70.00 (ADM. COST)
P 133, PUBLIC RECORDS, PALM 1012 VISTA DEL MAR (RECORDING)
BEACH COUNTY, FL DELRAY BEACH, FL 33483
(236 SE 4TH AVENUE)
LOT 23, BLK 23, TOWN OF GRACE BARNETT $ 70.00
DELRAY, PB 10, P 69, PUBLIC 1401 39TH STREET 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL W. PALM BEACH, FL 33407 (RECORDING)
(SW 3RD STREET)
S'LY 85' OF N482.62' OF E 1/2 MATTIE M. CREASMAN $133.41
OF W 1/2 OF LOT 30 IN MTGE BK RR 1 BOX 362 70.00 (ADM. COST)
616, P 556, (LESS THE PT IN DB ANDREWS, NC 28901 (RECORDING)
1029, P 416), SUB. OF SEC.
20-46-43.
(GERMANTOWN ROAD)
S67.1' OF N142.1' OF W130.44' J. PIERRE-PAUL CADET $ 75.00
OF E155.44' OF E 1/2 OF S 1/2 702 WEST ATLANTIC AVE. 70.00 (ADM. COST)
OF BLK 4, TOWN OF DELRAY, DELRAY BEACH, FL 33444 (RECORDING)
PB 1, P 3, PUBLIC RECORDS,
PALM BEACH COUNTY, FL
(NW 7TH AVENUE)
LOT 21, BLK B, TOURIST NOOK, RUSSELL E. BROWN $ 28.00
DELRAY, PB 11, P 47, PUBLIC C/O JUNE DIMON 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL 9720 WILLOW ROAD (RECORDING)
(NW 8TH AVENUE) WILLIS, MI 48191
LOT 5, HIGH ACRES, PB 21, BLUE STAR BUILDERS, INC. $ 22.00
P 65, PUBLIC RECORDS, PALM 2044 NW 52ND STREET 70.00 (ADM. COST)
BEACH COUNTY, FL BOCA RATON, FL 33496 (RECORDING)
(109 NW 16TH STREET)
LOT 3, ESQUIRE SUB., PB 23, U.S. MARSHALL'S SERVICE $151.30
P 43, PUBLIC RECORDS, PALM C/O KEN DEAL 70.00 (ADM. COST)
BEACH COUNTY, FL 301 N.MIAMI AVE.RM. #205 (RECORDING)
(1012 GERMANTOWN ROAD) MIAMI, FL 33128-7785
E50' OF W583' OF S140' OF JACQUEL DAWSON $ 65.00
N165' OF N 1/2 OF NW 1/4 OF C/O ANNAS RETREAT 70.00 (ADM. COST)
SW 1/4 OF NW 1/4, SEC. ESTATE TUTU #E-7 (RECORDING)
17-46-43, PB 1, P 3, PUBLIC ST. THOMAS, VI 00801 -
RECORDS, PALM BEACH COUNTY,FL
(NW 2ND STREET)
-4- Res. No. 63-91
. .
LOT 290, TROPIC PALMS PLAT 1, RAYMOND & DIANE $ 65.00
PB 25, P 99, PUBLIC RECORDS, MANGICAPRA 70.00 (ADM COST)
PALM BEACH COUNTY, FL 5300 W. ATLANTIC AVE (RECORDING)
(720 HERON DRIVE) DELRAY BEACH, FL 33484
S50' OF N200' OF E131.39' OF LILLIE ROLLE BAKER $155.00
W156.39' OF BLK 16, TOWN OF 735 E CHATELAINE BLVD 70.00 (ADM. COST)
DELRAY, PB 1, P 3, PUBLIC DELRAY BEACH, FL 33445 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL
(SW 7TH AVENUE)
LOTS 56 TO 58, INC., SUNSET MANUEL MOREDA $105.00
PARK, DELRAY, PB 12, P 65, MANUEL E. MOREDA 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH P.O. BOX 1953 (RECORDING)
COUNTY, FL DELRAY BEACH, FL 33447
(MANGO DRIVE)
LOT 24, BLK A, WEST SIDE DURANTE-STROCK INC. $ 50.00
HEIGHTS, DELRAY BEACH, PB 13, 2160 W ATLANTIC AVE #100 70.00 (ADM. COST)
P 61, PUBLIC RECORDS, PALM DELRAY BEACH, FL 33445 (RECORDING)
BEACH COUNTY, FL
(NW 9TH AVE & NW 2ND ST)
LOTS 20 & 21, BLK 6, OSCEOLA DUMELLE SIDOLES,JOHN $115.00
PARK, PB 3, P 2, PUBLIC CORNEILLE & MICHAEL ELME 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL 119 SE 6TH STREET (RECORDING)
(119 SE 6TH STREET) DELRAY BEACH, FL 33444
S30' OF LOT 6, BLK 28, TOWN OF LEONARD DAVIS $292.25
DELRAY, PB 1, P 3, PUBLIC C/O GENERAL DELIVERY 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY, FL VA BRANCH P.O. (RECORDING)
(NW 5TH AVENUE) LOS ANGELES, CA 90073
LOT 1, SELLERS REPL., PB 22, ODETTE DAUPHIN $ 20.00
P 17, PUBLIC RECORDS, PALM PHILOSTIN M. PHILOGENE 70.00 (ADM. COST)
BEACH COUNTY, FL 598 S. SWINTON AVENUE (RECORDING)
(598 S. SWINTON AVENUE) DELRAY BEACH, FL 33444
LOT 16, BLK 103, TOWN OF FARRELL W & $ 78.00
DELRAY, PB 2, P 19, PUBLIC NANCYE K. CURRAN 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL 233 SE 4TH AVENUE (RECORDING)
(233 SE 4TH AVENUE) DELRAY BEACH, FL 33483
LOT 19, BLK 2, ATLANTIC PARK J.D. & EARLINE MONROE $ 36.00
GARDENS, DELRAY, PB 14, P 56, 58 KENT STREET 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH HARTFORD, CT 06112 ( RECORDING)
COUNTY, FL
(SW 13TH AVENUE)
LOT 4, BLK C, WEST SIDE HATTIC L. HARDWICK EST. $ 28.00
HEIGHTS, DELRAY, PB 13, P 61, C/O GEORGE QUAIL 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH 302 BAINBRIDGE STREET (RECORDING)
COUNTY, FL BROOKLYN, NY 11233
(NW 10TH AVENUE)
-5- Res. No. 63-91
- . .
LOTS 10 TO 16 INC., BLK 15, WILLIE WRIGHT $ 72.00
TOWN OF DELRAY, PB 13, P 18, 106 NW 12TH AVENUE 70.00 (ADM. COST)
PUBLIC RECORDS, PALM BEACH DELRAY BEACH, FL 33444 (RECORDING)
COUNTY, FL
(215-217 SW 7TH AVENUE)
LOT 20, BLK 2, PRIEST'S ADD CARRIE M. CLINTON $ 72.00
TO ATLANTIC PARK GARDENS, 132 SW 14TH AVENUE 70.00 (ADM. COST)
PB 23, PAGE 70, PUBLIC DELRAY BEACH, FL 33444 (RECORDING)
RECORDS, PALM BEACH COUNTY,FL
(132 SW 14TH AVENUE)
LOT 4, LINCOLN ATLANTIC PARK JAMES CLINTON ET AL $ 70.00
GARDENS, PB 23, P 226, PUBLIC 333 NW 3RD AVENUE 70.00 (ADM. COST)
RECORDS, PALM BEACH COUNTY,FL DELRAY BEACH, FL 33444 (RECORDING)
(113-115 SW 14TH AVENUE)
LOT 7, BLK 26, TOWN OF DELRAY, ABISSET CORP., INC. $ 52.00
PB 5, P 24, PUBLIC RECORDS, P.O. BOX 7123 70.00 (ADM. COST)
PALM BEACH COUNTY, FL DELRAY BEACH, FL 33447 (RECORD ING)
(NW 4TH AVENUE)
TRACT A, SUNNY HEIGHTS AMND., DORIAS L. NOBLE, ESTATE $ 24.00
PB 27, P 194, PUBLIC RECORDS, 611 MEADOW 70.00 (ADM. COST)
PALM BEACH COUNTY, FL LANTANA, FL 33462 (RECORDING)
(SW 4TH AVENUE)
VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION,
MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE.
-6- Res. No. 63-91
" ,~
'"
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~1
SUBJECT: AGENDA ITEM # 9)\ - MEETING OF AUGUST 27, 1991
ACCEPTANCE OF REPORT OF APPEALABLE LAND USE ITEMS
DATE: August 22, 1991
This item is before you for acceptance of the report of decisions made
by the various development related boards during the period August
13th through August 26th. The following actions were considered
during this reporting period:
Planning and Zoning Board:
-Approved a request for waiver regarding the width of
sidewalks for the Clearbrook subdivision,
-Made a determination of Similarity of Use to accommodate
Dental Labs as an allowable use in the RO (Residential
Office) zone district.
-Recommended acceptance of the Banker's Row Neighborhood
Plan.
The Board also considered the following items which are elsewhere
on your agenda for action:
-Deferred recommendation on the proposed Land Development
Regulations (LDR) Text amendment regarding Multi-Tenant
Retail Uses in Commercial Buildings so that this subject can
be addressed with the Community Redevelopment Agency and the
Downtown Development Authority.
-Recommended denial (4-2 vote) on the LDR Text Amendment
regarding Commercial Parking Lots within the AC (Automotive
Commercial) zone district.
-Recommended denial (4-2 vote) of the City initiated rezoning
from PC (Planned Commercial) zone district to POD (Planned
Office District) zone district or a similar zoning as allowed
under the Transitional Land Use Designation (Levy, et al).
-Recommended approval of the conditional use for Lake Ida
Road Church of Christ.
Site Plan Review and Appearance Board:
-Approved fence additions at Delray Garden Center.
-Approved fence additions at Saturn Auto Dealership.
-Approved fence additions at Morse Toyota Dealership.
-Approved (5-1 vote) architectural elevation plans associated
with Abbey Road Sports Bar and Grill.
-Approved a minor site plan modification and landscape plan
for Linton International Plaza for the redesign of the
existing parking areas to provide outdoor dining areas.
-Approved the site plan, architectural elevations and
landscape plans associated with the expansion of the Mt.
Olive Missionary Baptist Church. Concurrently, the Board
1.'11
-
AGENDA REPORT
Meeting of 8/27/91
approved a waiver to allow the reduction of the street
right-of-way from 60 feet to 50 feet.
-Approved changes to the landscape plan for Delray Town
Center.
Historic Preservation Board:
-Approved architectural elevations, landscape plan and
concurrently granted a Certificate of Appropriateness (COA)
for the Sundy House. In conjunction with this item, it was
the consensus of the Board that a mixed use (i. e. antique
gallery and tea room) be allowed and that outdoor dining as
an "active use" was compatible with the intent of the Old
School Square Historic Arts District. To incorporate the
outdoor dining use it will be necessary to modify the site
plan to accommodate additional parking,
-Recommended approval of the proposed LDR Text amendment
regarding perimeter landscaping requirements within the Old
School Square Historic District which requires trees to be
planted every 25 feet where a commercial use abuts a
residential use.
-Approve architectural elevations, landscape plan and
concurrently granted a COA for Polly Noe Antiques. The Board
also recommended approval of a waiver to the perimeter
landscape requirement which will allow a two foot landscape
strip on the southeast property line rather than the five
feet required by Code,
-Approved the site plan, landscape plan and concurrently
granted a COA for Ann's Quality Grooming. Approved a request
for relief from the right-of-way requirements for 1st Avenue,
3rd Street and the abutting alleyway; and, approved a request
for relief of the sidewalk requirement along 3rd Street,
Recommended the Commission approve waiver of the provision
which requires trees be planted every 25 feet where
commercial uses abut residential useSj and, waiver of the
provision which requires that no more than 70% of the open
space area shall be planted in lawn grass. Additionally, the
Board recommended denial of the request for waiver of the
provision which requires that irrigation be supplied to the
unpaved portion of the right-of-way and new landscape areas,
-Approved a site plan modification and changes to
architectural elevation plans for Brandy's Waterside Cafe
Dining Deck.
- 2 -
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: ~ID T. HARDEN, CITY MANAGER
'tkJ~Y\. ~
FROM: ASMIN ALLEN, PLANNER I
SUBJECT: MEETING OF AUGUST 27, 1991
REPORT OF APPEALABLE LAND USE ITEMS
AUGUST 13, THRU AUGUST 26, 1991
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
review of appealable actions which were made by various
Boards during the period of August 13, 1991, through August
26, 1991.
BACKGROUND:
This is the method of informing the City Commission of land use
actions, taken by designated Boards, which may be appealed by the
City Commission. After this meeting, the appeal period shall
expire (unless the 10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides
that the City Commission hears appeals of actions taken by an
approving Board. It also provides that the City Commission may
file an appeal. To do so:
1. The item must be raised by a City Commission member.
2. By motion, an action must be taken to place the item on
the next meeting of the Commission as an appealed item.
PLANNING AND ZONING BOARD MEETING OF AUGUST 19, 1991:
1. Approved a request for waiver regarding the width of
sidewalks for the Clearbrook subdivision aka Hidden Lake,
located on Homewood Boulevard (Vote 5 to 0).
2. Made a determination of Similarity of Use to accommodate
Dental Labs as an allowable use in the RO (Residential
Office) zone district (Vote 6 to 0).
Additionally, the Board considered the following items which
will be before the City Commission at its August 27th
or September 10th meetings:
City Commission Documentation
Report of Appealable Land Use Items
August 13, 1991 thru August 26, 1991
Page 2
3. Deferred recommendation on the Land Development Regulations
Text amendment regarding Multi-Tenant Retail Uses in
Commercial Buildings so that this subject can be addressed
with the CRA and DDA. The Planning and Zoning Board will
conduct a special workshop on September 5, 1991, at which
time the DDA and CRA are invited to participate (Vote 6 to
0) .
4. Recommended denial on the Land Development Regulations Text
Amendment regarding Commercial Parking Lots within the AC
Zone District (Vote 4 to 2).
3. Recommended denial on the City Initiated Rezoning from PC to
POD or a similar zoning as allowed under the Transitional
Land Use Designation. The Board felt it was more appropriate
to amend the Land Use Plan to General Commercial and to
increase the depth of commercial properties as recommended
with the Levy Plan Amendment as a part of Amendment 91-1
(Vote 4-2).
4. Recommended approval on the conditional use for Lake Ida
Road Church of Christ, located at the southwest corner of
Lake Ida Road and Roosevelt Avenue (Vote 6 to 0).
5. Recommended acceptance of the Banker's Row Neighborhood Plan
(NE 1st Avenue, between 2nd and 3rd Streets.) This item will
be before the City Commission at its September 10th meeting.
SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF AUGUST 14, 1991:
1. Approved fence additions at Delray Garden Center, 3877 West
Atlantic Avenue (Vote 6 to 0).
2. Approved fence additions at Saturn Auto Dealership, 2850
South Federal Highway (Vote 6 to 0).
3. Approved fence additions at Morse Toyota Dealership, 2700
South Federal Highway (Vote 6 to 0).
4. Approved architectural elevation plans associated with Abbey
Road Sports Bar and Grill at the Linton International Plaza,
660 Linton Boulevard Vote 5 to 1).
Also as a separate agenda item the Board approved a minor
site plan modification, and landscape plan for Linton
International Plaza associated with the redesign of existing
parking areas and the provision of outdoor dining areas
(Vote 6 to 0).
City Commission Documentation
Report of Appealable Land Use Items
August 13, 1991 thru August 26, 1991
Page 3
5. Approved the site plan, architectural elevations and
landscape plans associated with the expansion of the Mt.
Olive Missionary Baptist Church, located at the southwest
corner of NW 4th Avenue and NW 1st Street. The proposal
involves a 13,604 sq. ft. (2 story) addition which will
contain classrooms, multi-purpose auditorium, offices etc.
Concurrently, the Board approved a waiver to allow the
reduction of the street right-of-way from 60' to 50' (Vote 6
to 0).
6. Approved changes to the landscape plan for Delray Town
Center, located at the northeast corner of Linton Boulevard
and Military Trail (Vote 5 to 0).
No other appealable items.
HISTORIC PRESERVATION BOARD SPECIAL MEETING OF AUGUST 14, 1991:
1. Approved architectural elevations, landscape plan and
concurrently granted a Certificate of Appropriateness for
the Sundy House, 106 S. Swinton Avenue (Vote 7 to 0). In
conjunction with this item, it was the consensus of the
Board that a mixed use ( i.e. antique gallery and tea room)
be allowed and that outdoor dining as an "active use" was
compatible with the intent of the OSSHAD zone district. To
incorporate the outdoor dining use it will be necessary to
modify the site plan to accommodate additional parking.
No other appealable items.
HISTORIC PRESERVATION BOARD MEETING OF AUGUST 21, 1991:
1. Recommend approval of proposed Land Development Regulations
Text amendment regarding perimeter lanscaping requirements
within the Old School Square Historic Arts District
(OSSHAD) which requires trees to be planted every 25' where
a commercial use abuts a residential use. This item will be
considered by the City Commission at a future meeting (Vote
5 to 0).
2. Approved architectural elevations, landscape plan and
concurrently granted a Certificate of Appropriateness for
Polly Noe Antiques, 32 East Atlantic Avenue. Also, the Board
recommended approval of a waiver to the perimeter landscape
requirement which will allow a 2 ' landscape strip on the
south east property line rather than the 5' required by
code (Vote 5 to 0).
City Commission Documentation
Report of Appealable Land Use Items
August 13, 1991 thru August 26, 1991
Page 4
3. Approved the site plan, landscape plan and concurrently
granted a Certificate of Appropriateness for Ann's Quality
Grooming, 302 NE 1st Avenue, to allow the conversion of a
portion of a residential dwelling to a pet grooming
establishment (Vote 3 to 2). In addition the Board took
actions several request for waivers, namely,
* Relief from the right-of-way requirements for 1st
Avenue, 3rd street and the abutting alleyway
( Approved) ;
* Relief from the sidewalk requirement along 3rd Street
(Approved)
Also, the Board made recommendations to the City Commission
on the requests for waivers to the following landscape
requirements:
* Provision of trees 25'on center where commercial uses
abut residential uses (Recommend approval).
* Provision of no more than 70% of the open space area
in lawn grass (Recommended approval).
* Provision of irrigation to the unpaved portion of the
right-of-way and new landscape areas (Recommended denial).
The request for landscape waivers will be before the City
Commission at its August 27th meeting as a separate agenda
item.
4. Approved a site plan modification and changes to
architectural elevation plans for Brandy's Waterside Cafe
Dining Deck, located south of Atlantic Avenue, east of Palm
Square (Vote 5 to 0).
No other appealable items.
RECOMMENDED ACTION:
By motion, receive and file this report.
Attachments: Location Maps
JA/#591/CCAUG.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtM
SUBJECT: AGENDA ITEM # <is - MEETING OF AUGUST 27, 1991
REQUEST FOR CONDITIONAL USE APPROVAL/LAKE IDA CHURCH OF
CHRIST
DATE: August 22, 1991
We have received a request for conditional use approval for the
establishment of a church (Lake Ida Church of Christ) at the southwest
corner of Lake Ida Road and Roosevelt Avenue, The subject property is
a vacant 5.2 acre parcel. The development proposal for this property
is divided into three phases,
Phase I includes the construction of a 9,182 square foot Worship
Center and attendant parking, The Worship Center consists of a 400
seat sanctuary, minister's and church offices, Sunday School rooms,
nursery, and a temporary fellowship hall. Phase II includes the
construction of a 2,000 square foot open air pavilionj and in Phase
III a 8,000 square foot multi-purpose building and a permanent
fellowship hall with kitchen will be constructed,
In addition, the sketch plan indicates a proposal for a 3,600 square
foot expansion of the Worship Center. The expansion has not been
included with any of the phases. It is assumed that the expansion
will be dictated by the size of the congregation, Should the expansion
occur additional parking will be required.
There is a general concern regarding the traffic impact of the
development plan on Lake Ida Road. However, Phase I can be
constructed within acceptable traffic levels. Phases II and III, as
well as the worship center expansion, can be constructed upon the
widening of Lake Ida Road. If construction is proposed prior to the
widening, the additional traffic impacts may require that the project
be deferred. Additionally, as the intensity of the proposed use is
similar to uses allowed in the CF (Community Facilities) zone
district, it is appropriate, through the Conditional Use process, to
extract perimeter landscaping required pursuant to the CF district
boundary requirements. Therefore, perimeter buffering to mitigate the
impacts on the adjacent residential uses is recommended.
The Planning and Zoning Board at their August 19th meeting recommended
approval of the conditional use request subject to conditions. Public
testimony was heard regarding the use of the multi-purpose building as
a mission, soup kitchen and/or drug rehabilitation center. The Board
therefore recommended, that a conditional use request be required
prior to the establishment of a soup kitchen and/or mission use. In
addition, the Board recommended that a 4 1/2 foot hedge be provided in
lieu of a six foot wall along the south property line to accommodate
additional buffering for the residences abutting the property.
The Community Redevelopment Agency reviewed the proposal and had no
objection to the church use. A detailed staff report is attached as
backup material for this item.
ex)
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C I T Y COM MIS S ION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: JEFFREY A. COSTELLO, PLANNING TECHNICIAN II~~'
SUBJECT: MEETING OF AUGUST 27, 1991
CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH
A CHURCH AT THE SOUTHWEST CORNER OF LAKE IDA ROAD AND
ROOSEVELT AVENUE. (LAKE IDA CHURCH OF CHRIST)
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of a Conditional Use request to establish a church
in an area which is zoned R-1A (Single Family Residential).
BACKGROUND:
The congregation known as the Delray Beach Church of Christ with
250 members is seeking to relocate from 125 S. W. 15th Avenue
(adjacent to 1-95) to the southwest corner of Lake Ida Road and
Roosevelt Avenue. The development proposal incorporates the
following three (3) phases:
Phase 1........9,182 sq.ft. Worship Center and 156 parking spaces
(41 paved, 115 stabilized sod). The Center will
contain the following: 400 seat sanctuary;
minister's and church offices, Sunday school
rooms; nursery; temporary fellowship hall.
Construction of this phase is anticipated to
begin by January 1991.
Phase 11.......2,000 sq.ft. Open Air Pavilion. Construction date
is approximately 3 years.
Phase 111......8,000 sq.ft. Multi-Purpose Building. Future
fellowship hall with a kitchen. Construction date
is approximately 10 years.
An analysis of the request is found in the Planning and Zoning
Staff Report.
PLANNING AND ZONING BOARD CONSIDERATION:
At its meeting of August 19th, the Planning and Zoning Board held
a public hearing in conjunction with review of the request.
There was public testimony which raised a concern about the
possibility of the multi-purpose building being utilized as a
City Commission Documentation
Meeting of August 27, 1991
Lake Ida Church of Christ
Page 2
mission, soup kitchen and/or drug rehabilitation center. After
some discussion, the applicant, Rev. Spivey, indicated that the
existing church does have approximately five dinners per year
which anybody may attend. The Board concluded that it would be
more appropriate to seek control of the situation by making a
condition of approval that a modification to the Conditional Use
approval must be processed to establish the soup kitchen and/or
mission uses. Substance abuse treatment facilties are not
allowed in the R-1A zone ditrict, however they are allowed in the
CF (Community Facilities) zone district as a conditional use.
In addition, there was some discussion with regards to provision
of a 6 ft. wall along the south property line to accommodate
additional buffering for the residences abutting the property.
The concensus of the Board was that a continuous wall
(approximately 525 ft.) would be too costly and that a 4 1/2 ft.
hedge should be provided.
After taking public testimony and reviewing the staff report, the
Board on a unanimous vote (6-0) recommended that the request be
approved subject the following conditions:
A. Provision of a 4 1/2 ft. hedge and a 20 ft. landscape strip
along the south property line.
B. Provision of 15 ft. landscape strip along Roosevelt Avenue
and Lake Ida Road with hedging, berming and trees to be
provided.
C. While the Sunday School classes and Nursery services can be
provided as a service to worshipers or members of the
congregarion while they are on-site, a separate child care
and educational facility use cannot be established without
first processing a modification to the Conditional Use
approval and/or rezoning to CF (Community Facilities). In
addition, establishment of a soup kitchen or mission use
will require processing of a modification to the Conditional
Use approval.
D. The Conditional Use is to be valid for 18 months and require
timely submittal (6 months) of a full site plan application
to be processed pursunt to Section 2.4.3 of the Land
Development Regulations and to address the attached
"Technical Items".
E. The 9,182 sq. ft. Worship Center shall be restricted to a
seating capacity of no more than 400 seats.
F. Provision of the Deed for the 14 ft. dedication to Lake Ida
Road (O.R. Book and Page) and dedication of 1 additional ft.
G. That a Plat be processed which properly subdivides the
property in question, prior to submittal of a site plan.
City Commission Documentation
Meeting of August 27, 1991
Lake Ida Church of Christ
Page 3
H. That stabilized sod parking spaces be allowed and that
aspha1ting of the spaces be phased with projects completion.
RECOMMENDED ACTION:
, By motion, approve the Conditional Use request for the
establishment of the Lake Ida Church of Christ subject to the
condition as recommended by the Planning and Zoning Board.
Attachment: P & Z Staff Report of August 19, 1991
PLAr\JN,ING & ZONING BOARD
. r
CITY. OF DELRA Y BEACH --- STAFF REPORT ---
! .
MEETING DATE: AUGUST 19, 1991
AGENDA ITEM: III. E
ITEM: CONSIDERATION OF A CONDITIONAL USE REQUEST TO ESTABLISH LAKE IDA CHURCH OF CHRIST
AT THE SOUTHWEST CORNER OF LAKE IDA ROAD AND ROOSEVELT AVENUE.
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GENERAL DATA:
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . I. C. Spi vay,
Lake ~da Road Church of Christ
Agent...........................Same as above
Location....,...................The Southwest corner of Lake Ida
Road and Roosevelt Avenue.
Property Size...................5.20 acres
City Land Use Plan..............Low Density
City Zoning........,............R-IA (SIngle Family Residential)
Adjacent zoning.................Land to the east, west, and south
of the subject property is zoned
R-IA, to the north is zoned SAD
(Special Activities District).
Existing Land Use,..............Vacant
Proposed Land Use...............A phased development, which
includes: a 400 seat church, a
2,000 sqft. open air pavillion,
and a 8,~00 sqft. multi-purpose
building.
Water Servlce,.....,............A 20" water maIn along the south
side of Lake Ida Road.
Sewer Service....,..............A 8" sanitary sewer line extends
along Roosevelt Avenue to the
southeast corner of the subject
T"''''',",r''~rt1.J . III. E
(
ITEM BEFORE THE BOARD:
The action before the Board is that of making a recommendation on
a Conditional Use request to establish a 400 seat church facility
for Lake Ida Church of Christ, The subject property is located
at the southwest corner of Lake Ida Road and Roosevelt Avenue.
BACKGROUND:
The subject property is a vacant parcel of land containing 5.2
acres. The City's records do not contain any land use history in
regards to the property in question.
PROJECT DESCRIPTION:
The development proposal incorporates the following three (3)
phases:
Phase 1........9,182 sq.ft. Worship Center and 156 parking spaces
(41 paved, 115 stabilized sod). The Center will
contain the following: 400 seat sanctuary;
minister's and church offices; Sunday school
rooms; nursery; temporary fellowship hall.
Construction of this phase is anticipated to begin
by January 1992.
Phase 11.......2,000 sq.ft. Open Air Pavilion. Construction date
is approximately 3 years.
Phase 111......8,000 sq.ft. Multi-Purpose Building. Future
fellowship hall with a kitchen. Construction date
is approximately 10 years.
In addition to the above, the sketch plan indicates a proposal
for a 3,600 sq. ft. expansion to the Worship Center. The expansion
has not been included with any of the phases. It is assumed that
the expansion will be dictated by the size of the congregation.
Additional parking spaces will be required for the expansion.
CON D I T ION A L USE A N A L Y S IS:
CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.)
Pursuant to Section 3.1.1 of the Land Development Regulations,
prior to approval of development applications, certain findings
must be made in a form which is part of the official record.
Findings shall be made by the Board to approve or deny the
development application. Findings shall be made with respect to
the following:
P&Z Staff Report ,
Lake Ida Church of Christ - Conditional Use Approval
Page 2
Future Land Use Map: (The use or structures: must be allowed in
the zone district and the zoning district must be consistent with
the land use designation).
The land use plan designation of the subject property is Low
Density Residential 0-5 dwelling units/acre. The R-IA (Single
Family Residential) zone district is deemed compatible with the
Low Density Residential land use designation. Pursuant to
Section 4.4,3(0)(2), churches, places of worship, and their
attendant educational, nursery, Sunday school. recreational, and
columbarium facilities are allowed as a Conditional Use within
the R-IA zone district. The foregoing does not allow
establishment of educational and care uses such as elementary
school and general day care; however, such uses may be
established by a separate conditional use application for child
care or rezoning to CF (Community Facilities), as appropriate.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan. For sewer and water, concurrency shall mean
that direct connection to a functioning municipal system is made.
For streets (traffic), drainage, open space (parks), and solid
waste, concurrency shall be determined by the following:
* The improvement is in place prior to issuance of the
occupancy permit;
* The improvement is bonded, as part of the subdivision
improvements agreement or similar instrument, and there is a
schedule of completion in the bonding agreement;
* The improvement is part of a governmental capital
improvement budget; it has been designed; and a contract for
installation has been solicited.
Water and Sewer:
To date no water and sewer plans have been submitted; however the
following is noted:
* An existing 20" water transmission main is located on,the
south side of Lake Ida Road and an existing 6" water main is
located at the intersection of Roosevelt Avenue and Lee
Street, approximately 150 ft. south of the subject property.
* An existing 8" sanitary sewer main is located along
Roosevelt Avenue at the southeast corner of the site.
Environmental Services has indicated that water service will
require an 8" water main extension from the existing 6" main at
Roosevelt Avenue and Lee Street, north approximately 175 ft.
P&Z Staff Report
Lake Ida Church of Christ - Conditional Use Approval
Page 3 :
to the entrance drive, then west 360 ft., then north to Lake Ida
Road to tie into the 20" water transmission main. Sewer service
will be provided via a service lateral to the existing sewer main
at the southeast corner of the site.
Fire hydrants are required every 400 ft. of road travel along the
new main extension. At this time, exact fire hydrant locations
have not been determined. This item will be addressed with the
full site plan submittal. In addition, based on the floor plan
and seating diagram of the Worship Center, the building is
required to be protected throughout with a complete automatic
sprinkler system.
Drainage:
Paving and drainage plans have not been provided. With a full
site plan submittal, drainage plans will be provided. All
drainage must be retained on-site. The sketch plan indicates a
water retention lake along Lake Ida Road. At this time, there
are no problems anticipated.
Streets and Traffic:
The current traffic volume pursuant to the MPO 90/91 traffic
volume map indicates 13,382 vehicles per day on Lake Ida Road. A
total of 13,700 trips are allowed on a two-lane facility before
LOS (Level of Service) D is exceeded. This development project
will generate 86 trips in Phase I (9,182 sq. ft. worship center) ,
19 additional trips in Phase II and 75 additional trips in Phase
III. As Phase II is to be constructed in three years, after
projected widening of Lake Ida Road in 92/93, only Phase I trips
will be considered and added to current traffic volumes. If
development of subsequent phases (Phases II and III) or
construction of the 3,600 sq. ft. worship center expansion is
proposed prior to widening of Lake Ida Road, a revised traffic
statement addressing current traffic volumes will be required.
The existing right-of-way width for Roosevelt Avenue is 50 feet.
Pursuant to Section 5.3.1(D)(2), the right-of-way width for
Roosevelt Avenue is required to be 60 feet. Therefore, a 5 ft.
dedication of right-of-way is required.
Pursuant to Palm Beach County's Thoroughfare Right-Of-Way
Protection Map, a 1 ft. additional right-of-way dedication is
required for Lake Ida Road. In addition, provide verification of
dedication of 14 ft. (O.R. Book and Page) shown on the survey as
additional right-of-way.
Pursuant to Section 6.1.3(A), a 5 ft. sidewalk is required along
the west side of Roosevelt Avenue and the south side of Lake Ida
Road. However, as a sidewalk will be installed with the
associated widening of Lake Ida Road in fiscal year 92-93, it
will be inappropriate for the sidewalk to be required and
installed with this development proposal.
""
P&Z Staff Report
Lake Ida Church of Christ - Conditional Use Approval
Page 4
Parks and Open Space:
Park dedication requirements do not apply for nonresidential
uses. Open space requirements are a function of Section 4.6.4(E)
(boundary requirements) and Section 4.6.16(H)(3) (perimeter and
internal landscape requirements). These requirements must either
be met or appropriate waivers or variances obtained with the full
site plan submittal.
Solid Waste:
Accommodations for refuse have not been indicated on the sketch
plan. With the full site plan submittal, locations of refuse
containers i.e. dum~pter must be indicated.
Consistency: (Compliance with performance standards set forth
in Chapter 3 and required findings in Section 2.4.5(E) for the
Conditional Use request shall be the basis upon which a finding
of overall consistency is to be made. Other objectives and
policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency).
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following was found:
Land Use Element Objective A-l - Vacant property shall be
developed in a manner so that the future use and intensity is
appropriate in terms of soil, topographic, and other applicable
physical considerations, is complementary to adjacent land uses
and fulfills remaining land use needs.
The proximity of the church to Lake Ida Road will allow
associated traffic to utilize Lake Ida Road, thereby
minimizing the impact on adjacent residential areas. This
proposal will accommodate an existing congregation of
approximately 250 persons currently located at 125 S.W. 15th'
Avenue. The following churches are located within a 2,000
ft. radius of the property: ,
1. Supernatural Deliverance Church of Christ
Seating capacity - 178 persons
Located west of and adjacent to the subject property.
2. Jordan Baptist Church
Seating Capacity - 54 persons
Located on the south side of Lake Ida Road,
approximately 1,100 ft. east of the subject property.
P&Z Staff Report ,
Lake Ida Church of Christ - Conditional Use Approval
Page 5 "
:
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4,5(E)(5) (Findings), in addition to
provisions of Chapter 3, the City Commission must make findings
that establishing the conditional use will not:
A. Have a significantly detrimental effect upon the
stability of the neighborhood within which it will be
located;
B. Nor that it will hinder development or redevelopment of
nearby properties.
The subject property is bordered on the south, east and west by
the R-IA (Single Family Residential) zone district, and on the
north by the SAD (Special Activities District) zone district.
Single family residential land uses abut the south side of the
subject property. To the west is a 178 seat church with a day
care center (Supernatural Deliverance Church of Christ). To the
north and east is vacant land. The vacant property to the north
is known as the Isles of Delray planned residential development.
Pursuant to the Comprehensive Plan's definition of the Low
Density land use designation, where this designation exists, uses
other than low density residential shall not be considered. This
statement is to reinforces Goal Area A (Housing Element) of the
Comprehensive Plan which calls for preservation and maintenance
of stable neighborhoods. The neighborhoods south and east of the
subject property are designated as "Revitalization and
Rehabilitation" pursuant to the Housing Element. Given this
factor as well as the proposed use being allowed by the Land
Development Regulations (Conditional Use), establishment of the
church can be considered.
Compatibility with the adjacent properties, specifically
residences to the south, is a concern. Compatibility with
adjacent properties can be enhanced through the installation of
landscaping. With a conditional use request, conditions can be
imposed which exceed the standard code requirements i.e.
increased buffering. The sketch plan indicates a 20 ft.
landscape setback between the south property line and the parking
spaces. This setback is in excess of the special district
boundary treatment (15 ft. minimum landscape setback) required
for community facilities zoning which abuts residential zoning.
As the vehicles lights will illuminate towards the residences, it
is appropriate to require the installation of a 6 ft. masonry
wall along the south property line. Although the property is not
zoned CF the use is similar to types of uses allowed in the CF
zone district. Therefore, it would be appropriate to apply the
following district regulations required pursuant to Section
4.6.4(E):
1. A landscaped setback of 15 ft.; or
P&Z Staff Report (
Lake Ida Church of Christ - Conditional Use Approval
Page 6 .
2 . A landscaped setback of 10 ft. and either a 6 ft. solid
masonry wall or a continuous hedge at least 4 1/2 feet
in height at the time of planting, said wall or hedge
to be located inside and adjacent to that portion of
the CF property which is adjacent to the residential
district.
As the property to the east of this site is vacant and has a
development potential for single family homes, the Board should
also consider the treatment along this property line. Staff
recommends a landscape setback of 15 ft. be maintained with a
combination of hedging, berming and trees to be provided. This
landscape treatment should be continued along Lake Ida Road.
Compliance with Land Development Regulations:
The proposed use will be in compliance with the Land Development
Regulations. If the Conditional Use is approved, a full site
plan submittal complying with the L.D.R. will be required. Along
with the Conditional Use request, a sketch plan has been
submitted. Upon staff review, several code deficiencies were
identified. These must be addressed with the full site plan
submittal. The list of technical items is attached for
informational purposes.
OTHER ITEMS:
~
There are 134 parking spaces required and 156 spaces are being
proposed. Forty-one of the parking spaces will be paved and 115
will be stabilized sod. Pursuant to Section 4.6.9(D)(8)(b), a
surface of sod over a stabilized base shall be acceptable for
parking used on a once-a-week or occasional basis. Parking lots
and spaces proposed to be constructed of stabilized sod may be
allowed through the Site Plan Approval process. However, the
provision of only 41 (26%) paved parking spaces, 6 of which are
handicapped spaces is inadequate. Stabilized parking may be
appropriate if the church use is for Sunday Services only. As
multipurpose rooms and a fellowship hall are part of the Phase I
construction, use on more than one day a week is probable.
Therefore, at least the required 134 parking spaces are to be
asphalted at this time.
The development parcel is comprised of one large parcel and a
portion of a smaller parcel, which makes up the eastern 187 ft.
A portion of the 187 ft. parcel (50 ft. west of Roosevelt Avenue)
has been sold to the church and combined with the larger western
parcel. This constitutes an illegal subdivision. Therefore,
platting of both parcels will be required prior to processing a
site plan. If the subdivision is not approved, establishment of
the church use will require modification of the sketch plan
before the Board.
P&Z Staff' Report
Lake Ida Churc~ of Christ - Conditional Use Approval
Page 7 ,
REVIEW BY OTHERS:
Community Redevelopment Agency:
At its meeting of August 15, 1991, the Community Redevelopment
Agency reviewed the proposal and had no objections to the church
use.
Site Plan Review and Appearance Board:
If approval is granted for the Conditional Use, a full site plan
submittal will follow. Final action on the site plan submittal
will rest with the SPRAB (Site Plan Review and Appearance Board).
The site plan must accommodate concerns raised through the
conditional use petition, and address the attached "Technical
Items".
Normal public notice has been provided to property owners within
a 500 ft. radius of the subject ptoperty. Letters of objection,
if any, will be presented at the Planning and Zoning Board
meeting.
ASSESSMENT:
The development proposals traffic impacts along Lake Ida Road are
a concern. However, with the phasing of the development, Phase I
can be constructed within acceptable traffic levels. Phase II
and III as well as the worship center expansion can be
constructed upon widening of Lake Ida Road. If constructtion is
proposed prior to the widening of Lake Ida Road, the additional
traffic impacts may require that the project be deferred until
widening occurs or the contract for the widening is let.
The development should provide perimeter buffering to mitigate
impacts on the adjacent residential uses. While the use is
allowed in the R-1A zone district, it is more appropriate to
rezone the property to CF. As the intensity of the proposed use
is similar to uses allowed in the CF zone district, it is
appropriate through the Conditional Use process to extract
perimeter landscaping required pursuant to the CF district
bou~dary requirements.
ALTERNATIVE ACTIONS:
1. Continue with direction.
2. Recommend approval of the conditional use request based
upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development
Regulations and the policies of the Comprehensive Plan
subject to conditions.
3. Recommend denial of the conditional use request based
upon a failure to make positive findings with respect
to Section 2.4.5 (E)(5) (Compatibility) and Chapter 3,
Sections 3.1.1(C) (Consistency) of the proposed use
.,"; +-l- '" rl;;:> (""Ant" lrtnrl ,,<:;"'~,
P&Z Staff Report
Lake Ida Church of Christ - Conditional Use Approval
Page 8
RECOMMENDED ACTION:
Recommend approval of the conditional use request based upon
positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(E)(Required Findings) of the Land
Development Regulations, and the policies of the Comprehensive
Plan, subject to the following conditions:
A. Provision of a 6 ft. wall and a 20 ft. landscape strip along
the south property line,
B. Provision of 15 ft. landscape strips along Roosevelt Avenue
and Lake Ida Road with hedging, berming and trees to be
provided.
C. While the Sunday School classes and Nursery services can be
provided as a service to worshipers or members of the
congregation while they are on-site, a separate child care
and educational facility use cannot be established without
first processing a modification to the Conditional Use
approval and/or rezoning to CF (Community Facilities).
D. The Conditional Use is to be valid for 18 months and require
timely submittal (6 months) of a full site plan application
to be processed pursuant to Section 2.4.3 of the Land
Development Regulations and to address the attached
"Technical Items".
E. The 9,182 sq. ft. Worhip Center shall be restricted to a
seating capacity of more than 400 seats.
F. Provision of the Deed for the 14 ft. dedication to Lake Ida
Road (O,R. Book and Page) and dedication of 1 additional ft.
G. That a Plat be processed which properly subdivides the
property in question, prior to submittal of a site plan.
Attachments: List of Technical Items re: Sketch Plan
Sketch Plan
P&Z Staff Report I
Lake Ida Church of Christ - Conditional Use Approval
Page 9 :
TECHNICAL ITEMS:
1- Pursuant to Section 4,6.16(H)(3)(e) one tree is required
every 25' along the south perimeter because this is a
commercial area that abuts a residential use.
2. Pursuant to Section 4.6.16(H)(3)(a) one tree is required for
every 30' along the perimeter landscape buffer adjacent to
the right-of-way along Roosevelt Road and along Lake Ida
Road.
3. Pursuant to Section 4.6.16(D)(3)(c)(i) twenty-five percent
of required trees and twenty-five percent of all other plant
material must be native. Applicant shall provide
percentages.
4. Pursuant to Section 4.6.16(E)(l)(f) 3" of mulch are required
in all planting beds.
5. Pursuant to Section 2.4.3(B)(9) applicant shall submit a
tree survey indicating all trees that have a diameter of 4"
or greater.
6. At the time that a formal landscape plan is required, it
must be prepared by a registered landscape architect and
signed and sealed pursuant to Section 2.4.3(M)(l)(c).
7. Pursuant to Section 4.6.16(E)(3) all landscaped areas shall
be separated from vehicular use areas by cars tops or
non-mountable, reinforced concrete curbing.
8. Pursuant to Section 4.6.16(E)(4) all plant material shall be
Florida #1 grade or better.
9. Pursuant to Section 4.6.16(E)(5) there must be a mix of
species of trees when more than ten trees are required. If
the required number of trees is between thirty-one and
forty, four species are required. For over forty-one
required trees, at least five species is required.
10. Pursuant to Section 4.6.16(E)(8)(c) no more than 70 percent
of the required open space shall be planted in lawn grass,
At least 30 percent must be planted in a traditional mix of
trees, shrubs and ground covers.
ll. Pursuant to Section 4.6.16(G)(l) all prohibited plan species
shall be eradicated from the site and reestablishment of
prohibited species shall not be permitted.
12. Pursuant to Section 4.6.16(H)(3)(a) a hedge, wall or other
durable landscape area shall be placed along the interior
perimeter of the landscape strip that separates the
vehicular use areas from the adjacent right-of-way.
Ii."
P&Z Staff Report I
Lake Ida Church of Christ - Conditional Use Approval
Page 10 ,
13, Pursuant to Section 4.6,16(H)(3)(b) 'the unpaved portion of
the right-of-way adjacent to the property line shall be
landscaped with sod and provided with irrigation and
maintenance.
14. Pursuant to Section 4.6.16(H)(3)(d) a landscaped barrier
shall be provided between the off street parking area or
other vehicular use area and abutting properties. A hedge
is required along the perimeter.
15. Pursuant to Section 4.6.16(H)(3)(g) the amount of interior
landscaping within the off street parking areas shall amount
to no less than 10 percent of the total area used for
parking accessways. Provide the square footage of the total
paved area and the square footage of the interior
landscaping that is proposed. ~
16. Pursuant to Section 4.6,16(H)(3)(h) one shade tree or group
of palms is required for every 125 sq. ft. of required
interior green space. Applicant shall provide the
calculations.
17. pursuant to Section 4.6.16(H)(3)(n) all dumpster and refuse
areas and all ground level air conditioning units and
mechanical equipment shall be screened. Applicant shall
indicate the location and the method of screening for any
of these items.
18. Pursuant to Section 4.6.16(H)(3)(i) one shade or equivalent
number of palm trees shall be planted in every interior
island. A landscaped island is required to be placed at
intervals of no less than one landscaped island for every 10
parking spaces.
19. Applicant shall provide a foundation planting and address
the landscape area adjacent to the drive-thru.
20. Eight inch ductile iron water main shall be extended from
the existing 6" main on Lee Street north on Roosevelt Avenue
approximately 175' to entrance, west 360' then north to tie
to existing 20" main.
21- An IPP manhole is required at the southeast corner of the
property before discharging to existing gravity sewer on
Roosevelt Avenue.
22. Provide topographical survey with spot elevations.
23. Indicate the type of construction and fire protective
features for each structure per Table 400 of the Standard
Building Code.
24. Provide elevation drawings and indicate building heights.
'"
.
P&Z Staf'f Report
Lake Ida Church of Christ - Conditional Use Approval
Page 11 :
25. Pursuant to Section 4.6.16(H}(3}(i} landscape islands shall
be placed at intervals of no less than one landscape island
for every 10 parking spaces.
26. Proposed parking for church expansion must be indicated.
27. Multipurpose area and pavilion should be arranged so that
both structures are handicapped accessible.
28. Pursuant to Section 4.6.16(E}(3} all landscape areas shall
be separated from vehicular use areas by nonmountable
curbing.
29. No ramps have been provided for the handicapped spaces.
30. Provide a boundary plat of subject property pursuant to
Section 2.4.5(K}. A total of 110' is required for the
right-of-way of Lake Ida Road per the County's Throughfare
Right-of-way Protection Map. Fifty-four feet exists per the
aurvey from the centerline of the right-of-way. Deed to
Palm Beach County the additional 1 ft. for Lake Ida Road.
31. Pursuant to Section 5.3.1(D}(2}, the right-of-way width for
Roosevelt Avenue is required to be 60 feet. Therefore, a 5
ft. dedication of right-of-way is required.
32. Pursuant to Section 6.l.3(A}, a 5 ft. sidewalk is required
along the west side of Roosevelt Avenue and the south side
of Lake Ida Road.
33. Permits will be required from L.W.D.D. (Lake Worth Drainage
District), S.F.W.M.D, (South Florida Water Management
District), Palm Beach County Health Department and Palm
Beach County Engineering Department.
34. Pursuant to Section 2.4.3(B)(l4), provide conceptual utility
connections.
36. Pursuant to Section 2.4.3(A)(S), the survey is to be no more
than 6 months old. Pursuant to Section 2.4.3(B)(20), the
survey is to include topographic information, including
on-site elevations, perimeter elevations and adjacent
property elevations. Pursuant to Section 2.4.3(B)(8), all
existing overhead and underground utilities to be noted.
37. Pursuant to Section 2.4.3(B)(22), provide phase line limits
on the site plan.
38, Pursuant to Section 2.4.3{B)(18), provide dumpster
location(s}.
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,
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER[i;V1
SUBJECT: AGENDA ITEM # <f C. - MEETING OF AUGUS'I' 27, 1991
REQUEST FOR WAIVER OF THE LANDSCAPE CODE
DATE: August 22, 1991
In July 1991 the Planning Department received a request to establish a
270 square foot pet grooming facility in an existing single family
residence located at 302 N.E, 1st Avenue in the Old School Square
Historic Arts District. During their review, several code
deficiencies were noted with respect to landscaping, The Historic
Preservation Board at their August 21st meeting considered the site
plan, landscape plan and concurrently granted a Certificate of
Appropriateness for this activity. The Board also approved a request
for relief from the right-of-way requirements for 1st Avenue, 3rd
Street and the abutting alleywaYj and, approved a request for relief
of the sidewalk requirement along 3rd Street.
In addition to those items approved by the Historic Preservation
Board, the applicant also requested waiver of the provisions of the
Landscape Code Section 4.6.16(H)(3)(b) which provides that the unpaved
portion of the right-of-way shall be sodded and provided irrigation;
Section 4.6.16(H) (3)(e) which provides that trees be planted every 25
feet where commercial uses abut residential useSj Section
4.6.16(E)(8)(4) which provides that no more than 70% of the open space
area shall be planted ~n lawn grassj and, Section 4.6.16(F) which
provides that all landscaping areas shall have an automatically
operated irrigation system.
The Historic Preservation Board recommended that the Commission act
favorably upon the request for waiver of Sections 4,6.16(H)(3)(e)
and 4.6. 16(E) (8) (4). However, the Board recommended that the
Commission deny the requests for waiver of the provisions which
require that the unpaved portion of the right-of-way be sodded and
that an automatic irrigation system be installed, with the condition
that the applicant install the improvements within six months of
establishing the use.
Recommend denial of the request for waiver of Section 4.6.16(H) (3)(b)
with the condition that the improvements are to be installed within
six months from the establishment of the usej approval of the
requests for waiver of Sections 4.6.16(H)(3)(e) and 4.6.16(E)(8)(4)j
and denial of the request for waiver of Section 4.6.16(F) with the
condition that the improvements are to be installed within six months
from the establishment of the use.
. (-j{
f)JI
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID HARDEN, CITY MANAGER
~
FROM: STEVEN E. TAYLOR /c.
PLANNING TECHNICIAN
THRU: STAN WEEDON, PLANNER II.~
SUBJECT: MEETING OF MAY, 1991
WAIVER OF REQUIREMENT TO SOD AND IRRIGATE UNPAVED
PORTION OF RIGHT-OF-WAY
WAIVER OF REQUIREMENT TO PLANT A TREE EVERY 25 FEET
WAIVER OF REQUIREMENT THAT NO MORE THAN 70% OF
REQUIRED OPEN SPACE SHALL BE IN LAWN GRASS
WAIVER OF REQUIREMENT THAT ALL LANDSCAPING AREAS
SHALL HAVE AN IRRIGATION SYSTEM
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
granting a waiver from provisions of the following Code
Sections: 1) 4.6.16(H) (3) (b), 2) 4.6.16(H)(3)(e), 3)
4.6.16(E)(8)(c), and 4) 4.6.16(F) [Landscaping] .
The request is associated with a site plan action in the
OSSHAD (Old School Square Historic Arts District) known as
Ann's Quality Grooming located at 302 Northeast 1st Avenue.
The applicant is requesting these waivers and pursuant to
Code Section 4.6.l6(C)(2), only the City Commission may
grant a waiver in this instance.
BACKGROUND:
In July 1991 the Planning Department received a request to
establish a pet grooming facility in the OSSHAD. The facility
will take up approximately 270 sq. ft. of an existing single
family residence. During the review there were several code
deficiencies identified with respect to landscaping. Of these the
applicant is requesting waivers from the following four:
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City Commission Documentation
Ann's Quality Grooming - Waivers
Page 2
l. Pursuant to Code Section 4.6.16(H)(3)(b), the unpaved
portion of the right-of-way shall be sodded and provided
with irrigation. The applicant is requesting relief
from providing irrigation due to the fact that the
right-of-way area is hard to maintain. Staff's position
is to require irrigation in the swale areas.
2. Pursuant to Code Section 4.6.16(H)(3)(e), whenever a
commercial use (dog grooming facility) abuts a residential
use (duplex to the north) there shall be a tree every 25
feet to form a solid tree line. While this is a code
requirement, it was meant to apply to more intense
commercial uses abutting residential uses. Commercial
uses in the OSSHAD are primarily of a small scale nature,
therefore this requirement is inappropriate in this
instance. Staff supports this waiver request.
3. Pursuant to Code Section 4.6.16(E)(8)(4), no more than 70%
of required open space shall be in lawn grass, the rest
shall be in a traditional mix of trees, shrubs, and
organic ground cover. The applicant is requesting a
waiver from this code section to allow the use of gravel
within an interior portion of the site to better suit the
dogs. If this ground cover is better for the dogs and
because it is interior to the site and will be screened by
a fence, then staff has no objections.
4. Pursuant to Code Section 4.6.16(F), all landscaping areas
shall have an automatically operated irrigation system.
Currently the owner irrigates the yard manually and would
like to continue irrigation in this manner. However,
staff's position is to require all new landscaped areas to
be provided with an irrigation system.
HISTORIC PRESERVATION BOARD CONSIDERATION:
The Historic Preservation Board Considered these waivers at it's
August 21, 1991 meeting with the following comments:
l. Recommend denial of waiver request from irrigating the
unpaved portion of the right-of-way with the provision that
the applicant be given 6 months from establishing use to have
improvements in.
2. Recommend support of waiver request from providing one tree
every 25 feet.
3. Recommend support of waiver request from providing no more
than 70% of open space in organic lawn cover.
4. Recommend denial of waiver request from irrigating all new
landscaping material with the provision that the applicant be
given 6 months from establishing use to have improvements in.
.
City Commission Documentation
Ann's Quality Grooming - Waivers
Page 3
RECOMMENDED ACTION:
By separate motions,
l. Require applicant to irrigate the unpaved portion of the
right-of-way pursuant to Code Section 4.6.16(H)(3)(b),
2. Waive Code requirement 4.6.16(H)(3)(e) to plant one tree
every 25 feet,
3. Waive Code requirement 4.6.16(E)(B)(c) that no more than 70%
of the required open space shall be planted in lawn grass,
and
4 . Require all new landscaping to have irrigation system
pursuant to Code Section 4.6.16(F).
Attachment:
* site plan
* waiver request letter
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LAWRENCE M. SEHRES / ARCHITECT / AlA
1515 North Federal Hwy.. Boca Raton, Florida 33432
SLite 300 407 395 8754
MAILING: 2697 N. OCEAN BLVD., BOCA RATON, FL. 33431
August 9, 1991 ~ 1r.(CITi' "WlE 10)
i1r ~IL.:;:di
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IAlray Beach City Conmission AUG 12 1991
Ci ty or Delray Beach
100 N.W. ist Avenue PLANNING & ZONING
Delray Beach, Florida 33444
PROJECT: ANN 1 S QUALITY GRcx::MING
PROCESSING: SITE PLAN
Gentlemen;
These requests for Waivers of certain code requirements are sul::mitted on behalf
of Ann Schnabel owner of the property at 302 N.E. 1st Avenue for project known
as Ann I S Quality Grooming.
ITEMS - REFERENCE LANDSCAPE REGULATIONS 4.6.16
l. 4. 6.16 (H)(3)(b) - The unpaved portion of the Right-of-Way adjacent to
property line shall be landscaped with sod and provided with irrigation
and rnaintenence.
WAIVER RESPONSE: This property is primarily residential. On N. E. 1st the property
is across from a shopping center. Trucks waiting to make deliveries will
frequently park in the public Right-of-Way swale area creating sod damage and
would prol:ably destroy an in place irrigation system. The Owner would (,gree
to plant sod in the Right-of-Way area but would irrigate by hand, but would
not want to be responsible for damage to the sod area due to truck parking
or other vehicular use.
2. 4.6.16 (H) (3)(e) - One tree shall be planted every 25 Ft. to form a sc~id tree
line where any commercial area abuts a Residential use.
W.'\IVER RESPONSE: This property is still primarily Residential use with a minor
sexvice type commercial space of less than 25% of the total floor area within
the existing structure, The property abuts 2 stre2~S ( N.E. 1st Ave. & N.E.
3rd Street) and an Alley with utility uses on the west property line. The
prot>erty is generally well landscaped. This policy may not be possible for
the Historic District.
3, 4 .6.16 (E) (8) (c) - No more than 70 % of the required open space shall be planted
in lawn grass. The remainder shall be planted in a traditional mix of trees,
shrubs and ground cover.
WAIVER RESPONSE: The exterior portion of the site onthe east & south-east is
existing lawn and shall rerna.in so. The central portion of the south part of
the site is to be new parking area. The S.W. corner will be planted with sod.
The remaing p0::-tion of the site is existing stone gravel and we request that
~e st<;me remain, This remaing portion of the site is used as a dog area and
~'.
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LAWRENCE MI. SE=-::R~S / ARCHITECT / ABA
1515 North Federal Hwy.. Boca Raton, Florida 33432
Suite 300 407 395 8754
MAILING: 2697 N. OCEAN BLVD., BOCA RATON, FL. 33431
- 2 -
stone is more appropriate than soo or other organic material. In addit::'on no
water will be necessary for maintenance - a conservation factor.
4. 4.6.16(F) - All landscaped areas shall be provided witha sprinkler system,
automatically operated to provide complete coverage to all plant material
and grass to be maintained.
WAIVER RESPONSE: The Owner lives in the house and would maintain the landscape
areas by current methoos which is primarily irrigated by hand sprinkling,
without any additional expense for an automatic sysytem. By this methoo she
would be able to efficiently maintain the landscaping and possibly conserve
water.
Lawrence Sehres,
as Agent
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[IT' DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 20D NW 1st A\~~"~E ~'_ DELRAY BEACH, FLORIDA 33444
FACSIMILE 407,.71>.4,:>5 W 't ' D' t L'
rl er S 1reC 1ne
(407) 243-7092
MEMORANDUM
Date: August 23, 1991
'To: Cj ty Commission , IliJ /"'0....
Brc.m: .1effrey $, Kurtz, City Attorney /1 ~~ ~
SLlbject: Cruise Boat License Agreement it'.
CaptC:tin Mark and J met on August 22, 1991 t~o discuss
lllodifications to the pl'oposed License Agreement. The changes
ore indicated on the amended agreement (attached heretO)i1d
shall be explained below. In addition, there are seve al
i,ssues also described below on which Commission directio is
sought. /
Article 1. The term of the agreement has been set at 10 years
with no renewal clause as opposed to the previous draft which
WdS for a five year period with a five year option,
Article 1.02. The City1s warranty concerning the appropriate-
ness of the use is deleted,
Article 2.01. The option to renew has been delet.ed.
Article 4. Fees: Captain Mark has indicated a concern with
the complexi ty of a percentage of gross receipts system of
collecting fees. In addition to the complexity, Captain Mark
i.sundecided as t.O whether his operation will prepare meals on
board or have to be catered r A decision on that issue will
depend on a demand in the vessel's facilities, Depending on
hi.E. decision on that issue, the economic feasibility of a gross
1 f::c:eipt.s could be affected. Therefore, Captain Ma~k has
sllggtcsted an al ternat i ve wherein the City would receive the
greaLer of $8,400 per year or $.50 per passenger for the first
five y(~alS and during the second five years, the City would
receive the $12,000 a year plus $.50 for every passenger over
16,0C;0 LJassengers carried on the vessel. This system will
0bvlously simplify th~ accounting process on both ends and if
U!le assumes a }alge expenditure of $35.00 per passenger, it is
Laslcally on par with the County's cruise boat operation at
.2ilil Foster Park until passenger count exceeds 30,000.
9D
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C.it'I Commission
August 23, 1991
Page 2
35 x 30,000 = $1,050,000.00
$1,050,000.00 x 1.5% = $15,750.00
30,000 x $.50 = $15,000.00
Article 4.02 (b) . wi th reference to gross receipts has been
deleted, as it does not have a relevance of gross receipt
system is not put into place.
Article 4,05. The requirement of an annual full accounting
report is deleted, but the City still maintains the ability to
access all records and do an accounting if they desire.
Article 5.01 and Article 12 have been amended to clarify that
the City is only guaranteeing pedestrian ingress and egress.
This should eliminate concerns about truck deliveries and the
like. I have made this change in the agreement despite the
fact that I believe the reference in various places in the
agreement to the Licensees having to comply with such rules and
regulations as we may put on the park adequately protected the
park from abusive deliveries.
Article 5.03 has been a~ended to eliminate the placement of any
vending machines without prior City approval.
Article 5.04 has been amended to more closely reflect what
Captain Mark considers his season, which is January 20 through
May 1. In addition, we have included his vacation as an
acceptable reason for the boat not to be operating.
Article 5.05 has been amended to comply with City Commission
direction concerning food and beverage service being limited to
30 minutes prior to departure 'and indicating that no full meal
service can begin until they have left the docking area.
Section 9.01 in Article 19 have been amended to clarify that
Captain Mark will not be responsible for all repairs to the
seawall and the premises, but only to repair such damages he
may be responsible for.
There are several issues that remain of concern to Captain Mark
and on which direction is needed from the City Commission.
Wi th respect to the location of the boat, Captain Mark is
adamant that the boat should be located in its current location
and that the ticket sales operation should be located approxi-
mately 100 feet from the boat near the bridge area. He feels
that this location makes most sense because of the reasons set
forth in our office's August 8 memorandum to the City
Commission,
City Commission
August 23, 1991
Page 3
With respect to the indemnification and insurance that is being
required, Captain Mark has some concerns with an element of
proof that we have set up in the indemnification clause. The
indemnification calls for him to indemnify the City for all
injuries to people using the park to get to his boat. Since he
has greater liability exposure then the City would, it is his
concern that anyone injured they will naturally say they were
there to use the cruise boat. What Captain Mark suggests, and
what I find to be reasonable, is that he will indemnify us for
injuries sustained in the park by anyone who has actually
purchased a ticket from him.
Finally, with respect to the City's warranty of the approp-
riateness of the use, Captain Mark foresees as does the City, a
potential challenge of the appropriateness of the use and he
has concerns about our will to defend the contract and the use.
He would like some guarantee of the use and/or some limitation
on damages in case the agreement is overturned and the City is
unwilling or unable to amend its comp plan or ordinances to
permit his use of Veteran's Park.
Should you have any questions concerning this matter, please do
not hesitate to contact our office.
JSK:sh
Attachment
cc: David Harden, City Manager
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DOWNTOWN DEVELOPMENT AUTHORITY
City Of Ddrav Reach, Florida
AU(J ;Z 2 19Q1
DDA MEMO CITY MANAGER'S OFFII'-
..L-
TO: Mayor Tom Lynch and city Commissioners
FROM: Frank R. Spence, Executive Director ~
DATE: August 21, 1991
SUBJECT: Commercial Party Boat at Veterans Park
It has come to the DDA's attention that the proposed lease and
license for the commercial party boat to dock at and utilize
Veterans Park has now expanded to include additional issues that
were never brought before the DDA or the CRA during the initial
review process.
One has to do with the boat's owner getting an exclusive lease on
this privilege. The DDA is opposed to excluding other private or
commercial boats from docking at Veterans Park to pick up or
discharge passengers 4-10 times a month. We have been advised that
the City Manager has stopped issuing such permits to these boats
without City Commission direction.
Another issue is parking. This proposed operation will utilize a
pUblic park and pUblic parking spaces. The DDA believes that in
negotiating the lease and rent with the owner, the City should take
into consideration that if it were being operated on private
property, the owner would have to provide parking, or pay the
$2,500 per space in-lieu of parking fee. tf a boat or restaurant
owner had to provide 30 spacea at $2,500 each; that would have a
value of $75,000 for the life of the lease. The DOA recommends
that a proportionate share of the rent be designated as an in-lieu
of parking fee for the use of these pUblic spaces and that these
funds be deposited into an escrow fund for future parking needs to
be utilized by the yet to be created Parking Authority.
While the DDA supports the presence and operation of the commercial
party boat out of Veterans Park as an asset and benefit to
downtown, the DDA does not ~upport the operation as proposed to the
exclusion of all other boating activities and dockage at Veterans
Park for the next 10 years. The DDA reiterates its concerns that
what is being discussed and considered as conditions of the license
far exceeds the orioinal considerations and conditional approvals
previOUSly given by the ODA.
cc: City Manager David Harden
City Attorney Jeff Kurtz
David Kovacs, P&Z Director
CRA
()4 S.E. Fifth Avenue, De/ray Beach, Florida 33483 · 407-276-R640
".'1
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into this day
of , 19 , by and between the CITY OF DELRAY
-
BEACH, FLORIDA, a municipal corporation, (hereinafter referred
to as "City") as Licensor and ISAN Charters, Inc. d/b/a
Stillwater Cruises (hereinafter referred to as "Licensee"),
WIT N E SSE T H:
WHEREAS, the City, pursuant to its Home Rule Powers
and pursuant to See~ion - 9%-:-15 Chapter 92 of the Code of
Ordinances of the City of Delray Beach, has the power to permit
the mooring of boats to any real and personal property which is
owned by the City; and,
WHEREAS, the City has been approached by Stillwater
Cruises for the purpose of operating a cruise boat operation
out of Veteran's Park and,
WHEREAS, the City believes it to be in the best
interest of the citizens of Delray Beach and the redevelopment
of the downtown area to allow such operation.
NOW, THEREFORE, in order to carry out the purposes of
the offer and acceptance, the parties hereto covenant and agree
with each other in accordance with the provisions hereof:
ARTICLE 1
1.01. Term: The City hereby licenses to Licensee
for a term of five-t5t ten ( 10) years beginning on the date of
the City's receipt of the Notice of Commencement of the cruise
ship operation as further described in Paragraph 5,02 of this
Agreement, the premises described in Article 3.01 hereof for
the operation of a cruise boat and restaurant operation as
described in Paragraph 1,02,
1. 02 . Purpose: The purpose of this Agreement is to
provide for the operation of luncheon and dinner and/or sight-
seeing excursions and cruises from the site described in
Section 3,01. ~he-€i~y-warran~s-~ha~-~his-is-an-aoee~~able-and
approved-~se-for-~his-si~e. The scope of the operation will be
limited to the aforesaid cruises, sale of admission tickets for
such, food and beverage sales and sale of private charters for
such cruises on the excursion vessel,
1. 03. License Agreement: The intention of the
parties is to create a license for a non-commercial use of dock
space only, This Agreement confers no lease-hold interest and
should be construed by a court of competent jurisdiction to be
a license Agreement only,
ARTICLE 2
i~e%~--eptien-te-Renew~--Provided-~ha~-~here-hae-been
no - defa~l~ - of - ~he -lieenee - by - I:.ieeneee, - ~hie -lieenee - may - be
renewed-for-a-five-t5t-year-period,-~pon-~he-eomple~ion-of-~he
ini~ial-five-t5t-yeare,-~nder-etteh-~erme-as-may-be-agreeable-~o
bo~h-~he-€i~y-and-~he-I:.ieeneee.--~he-renewal-ehall-rttn-eoneee~-
~ively-eo-as-~o-make-~hie-lieenee-eon~inttotte-in-i~e-opera~ion
2
ll'H
from - ~he - beginning - ~o - its - ~ermination, - a - period - of - ~en - fiSt
years.
i.ai. 2,Ol. Title to Improvements: Title to all
improvements made and alterations constructed or installed on
the premises described in Paragraph 3.01 shall at all times
during the effective period of this agreement remain and be the
property of the City,
ARTICLE 3
3.0l. Legal Description of the Licensed Premises:
All of Block 132, according to Plat of the Town of Linton, now
Delray, on file in the Office of the Clerk of the Circuit Court
in and for Palm Beach County, State of Florida, containing 4.48
acres more or less.
The exact location of the boat mooring, pilings and
other attendant improvements within the licensed premises shall
be approved by the City.
ARTICLE 4
4.0l. License Fees:
A. Monthly Payment
During the first five ( 5 ) years of this license agreement,
Licensee shall pay the City an annual payment of $8,400.00
payable in equal monthly payments of $700.00 per month. In
years six through 10 of this agreement, Licensee shall pay the
3
Ci ty an annual payment of $12,000.00 payable in equal monthly
payments of $1,000 per month. The monthly payment shall be
made without billing on the. first of the month following the
day of the notice of commencement as required in Paragraph 5,02
and on the first of each month thereafter.
B. Supplemental Fee
In addition to the above referenced monthly payments, the
Licensee on an annual basis shall pay to the City an amount
equal to fifty cents for every passenger over 16,800 passengers
that was carried on the Licensee's vessel during the proceeding
year. Such payment shall be due within thirty (30) days of the
annual anniversary date of the notice of commencement as
required in Paragraph 5.02.
If'he - I:.ieen!lee - !lhall - pay - ~o - ~he - €i~y - an - anntlal - paymen~ - of
eigh~y-fotlr-htlndred-dollar!l-t$874ee.eet7-and-diyided-in~o-eqtlal
mon~hly-paymen~!I-of-!leYen-htlndred-dollar!l-t$1ee.eet-per-mon~h.
----------If'he--mon~hly--paymen~--of--!leYen--htlndred--dollar!l
t$1ee.eet-!Ihall-be-made-wi~hotl~-billing-on-~he-fir!l~-of-~he
mon~h - following - ~he - da~e - of - ~he - No~iee - of - €ommeneemen~ - a!l
reqtlired - in - paragraph - 5.e%7 - and - on - ~he - fir!l~ - of - eaeh - m:on~h
~hereaf~er.
4,02 Monthly Passenger List
Within the first ten (10) days of a month, Licensee shall
provide the City will a report in a form acceptable to the City
4
'HI
showinq the total number of passenqers carried on the vessel
durinq the previous month.
4.e2.--8ress-Recei~ts~--~he-~erm-u9ro~~-reeei~~~u-a~
tl~ed _ in _ ~hi~ _ a9reemen~ - i~ - ~o - mean - all- monie~ - paid - ~o -or - in
eon~ ideration - of - de~erminable - valtle - reeeived - by - the - bieen~ee
for-~ale~-made,-tran~ae~ion~-had,-or-for-~erviee~-rendered,-in
ehe-operaeion-of-it~-lieense-re9ardle~~-of-when-or-where-the
order-therefore-i~-reeeived,-or-the-9ood~-delivered,-er-servie-
e~-rendered,-whe~her-on-a-ea~h-or-eredi~-ba~i~-exeltl~ive-of
aettlal - bad - deb~ - or - in - eon~idera~ion - of - any - o~her - ~hin9 - of
valtle,-provided,-however,-~ha~-any-taxe~-impo~ed-by-law-whieh
are-~epara~ely-~~a~ed-to-and-paid-by-a-etl~~omer-and-diree~ly
payable-by-~he-bieen~ee-to-a-taxin9-atlthority-and-~he-~ale~
reftlnd~-~hall-be-exeltlded-therefrom.
4.03. Taxes: The Licensee shall be liable for any
and all taxes which are or may be imposed as a result of this
Agreement. Taxes shall be paid to the appropriate authority,
including, but not limited to, sales and use tax.
4.04. Payment of Fees: The Licensee shall pay all
license fees and charges and submit all reports required by
this License Agreement to the following:
Joseph Weldon
Director of Parks and Recreation
100 N.W. 1st Avenue
Delray Beach, Florida 33444
5
In the event Licensee fails to pay any of the license
fees or charges as required to be paid under the provisions of
this License within thirty (30) days after the same shall be
due, interest at the rate of one and one/half percent ( 1 1/2%)
per anntlm month shall accrue against the delinquent payments
until the same are paid. (Implementation of this provision
shall not preclude the City from terminating this License
Agreement for default in the payment of license fees or
charges, or from enforcing any other provisions contained
herein) ,
4.05. Reports and Records:
A, The Licensee shall maintain during the term of
this License Agreement all books of account, reports and
records customarily used in this type of operation and such
records as are necessary to document its activities pursuant to
this Agreement.
B..---bi:eensee - sh.a:l:l - stlbmi:~ - ~o - ~h.e - €i:~y - a~ - i:~s - own
expense,-wi:~h.i:n-~h.e-effee~i:Ye-da~e-of-~h.i:s-Agreemen~,-an-anntla:l
repor~ - as - ~o - ~h.e - eorree~ - gross - reeei:p~s - ari:si:ng - from - ~h.e
bi:eensee~s-opera~i:on-tlnder-~h.i:s-Agreemen~..--Th.e-repor~-sh.a:l:l-be
prepared-i:n-eonformanee-wi:~h.-8~andards-and-forms-es~ab:li:sh.ed-by
~h.e-€i:~y..
-----€.. B. Licensee shall allow the City or the auditors
of the City to inspect all or part of the compilation
procedures for the aforesaid annual reports at reasonable times
and places. Said inspection is at the sole discretion of the
City.
6
.',
-----8-;- C. Any and all records, receipts, and documents
related to gross receipts as defined herein of the Licensee
shall be available to the City and the City's auditors at a
reasonable location in Delray Beach, Florida, for a period of
five ( 5 ) years after the end of any license year.
ARTICLE 5
5.0l. Facilities to be Provided by the City: The
City will permit the use of its existing parking areas adjacent
to Veterans Park on an "as available" basis for use by patrons
and employees of Licensee. The City will license the premises
for the purpose of dock space, pedestrian ingress and egress to
the ship by Licensee's passengers, invitees, employees and
agents, over the licensed premises. Such ingress and egress
and dock space 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 ship, including its gear, equipment, appurtenances or
contents. City expects Licensee to have made suitable arrange-
ments for safe, sheltered anchorage during tropical storms or
hurricanes, and Licensee warrants such arrangements have or
will be made. Licensee may not assume that City's premises
will be a safe, sheltered anchorage during tropical storms or
hurricane or an emergency. City, at its sole discretion,
reserves 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.
7
5.02. Facilities to be Provided by Licensee:
A. The Licensee shall commence operations and
provide within twelve (12) months of the City Commission's
approval of this Agreement, one shallow-draft, riverboat type
of excursion vessel with a passenger capacity of 150 to 250
persons, meeting all safety standards and licensing require-
ments of the United states Coast Guard, and capable of
providing daytime luncheon and dinner and/or sightseeing
excursion. Licensee shall give the City thirty (30) days
notice prior to commencement of the operation of the cruise
boat.
B. If needed, as determined by Licensee, the
Licensee will provide a suitable on-site office building. All
site improvements shall be at Licensee's own expense, includ-
ing, but not limited to, pilings, docks, seating areas,
landscaping and additional parking area, if needed.
C. Architectural and landscape designs shall be
subject to review and approval by the City.
D. Site plan shall be subject to review and
approval by the City.
E. Construction shall meet all applicable codes.
F. Licensee shall obtain all government approvals,
permits and licenses at his own expense.
G. Licensee shall comply with all Health Department
requirements.
H. All equipment and personal property furnished by
Licensee shall be of good quality and suitable for its purpose.
8
..
5.03. City Approval: Licensee agrees that it will
obtain prior written approval from the City for all of the
following:
A, Use of any type of vending or amusement machines
other than on the vessel or in a building to be constructed.
B. Changes from originally approved specifications,
plans, signage, buildings, structures, and landscaping design.
The City shall be allowed ninety (90) days to reach a decision
in any 0 f the above matters and failure to do so within such
period shall constitute denial.
5.04. Minimum Days of Operation: It is desired that
the vessel be operated at least four ( 4 ) days a week dttring-the
~ttmmer-and-fall-month~ from May 1 throuqh January 19 and six
( 6 ) days a week dttring-the-winter-and-~pring-monthe, during the
period of January 20th through May 1st weather permitting, and
excepting periods required for vacations, maintenance and
general repair of the excursion vessel. Licensee shall qive
notice to the City Manager on any occasion when it is antici-
pated that the vessel will not be operated for five ( 5 )
consecutive days.
5.05. Service While Docked: No service of food or
alcoholic beverages shall be effected prior to - fifteen - fi5t
thirty (30) minutes before scheduled departure of the boat L
in no event shall full meal service begin until such time as
the vessel has entered into the main channel of the
intercoastal waterway. Except as provided in this paragraph,
9
the serving of food and beverages shall be only attendant to
cruises; no docked restaurant shall be operated.
5,06. Quality of Licensee's Services:
A, On-site management of the operation shall include
at all times such licensed personnel as may be required by the
United States Coast Guard,
B, Food and beverages sold to the public shall be
of good quality and served in accordance with the Health
Department requirements.
C. The Licensee shall conduct its operations in an
orderly manner so as not to unreasonably annoy, disturb or to
be offensive to customers, patrons or others in the immediate
vicinity of residents or others in the immediate vicinity of
such operations.
D, The Licensee shall take all reasonable steps to
control the conduct, demeanor and appearance of Licensee's
employees, invitees, and those doing business with it upon
objection from the City concerning the conduct, demeanor or
appearance of any such persons, Licensee will immediately take
all responsible steps necessary to remove the cause of the
objection with the assistance of appropriate law enforcement
officers, if required.
5.07. Notification from the City of Failure to
Comply: Upon receipt of written notification from the City
specifying in detail any failure to comply with the quality
standards delineated in 5.06 A, B, C and D, Licensee shall
correct the alleged deficiencies within fourteen (14) days, or
10
""
such greater time as the particular circumstances may reason-
ably require,
ARTICLE 6
6.0l. Assignment of the Agreement: Licensee shall
have the right to assign this contract to an entity or individ-
ual with similar expertise in the cruise boat industry after
giving City sixty (60) days notice of such proposed assignment
and after receiving the written consent and approval of City to
such assignment , and said which consent shall not be unreason-
ably withheld,
Assignment as referred to above shall include any and
all sales, assignment, transfer, collateralization, or other
disposition of any and all stock certificates, right, title
and/or interest in and to ISAN Charters, Inc. to any person or
entity other than Dane Mark.
ARTICLE 7
7.0l. Water and Electrical Services: All connection
charges and subsequent billings for water and electricity
consumed by the Licensee's operation to be at the Licensee's
sole expense.
ARTICLE 8
8.0l. Equipment Installed by Licensee:
A. All equipment, furnishing, signage and on-site
advertising installed by the Licensee on the premises shall be
in keeping with the appropriate standards of decor of the Parks
11
and Recreation Department and must be approved by the City
prior to installation,
B. Licensee agrees that all equipment and furnish-
ings provided shall meet the requirements of all applicable
building, fire, pollution and other related codes.
C, Licensee shall not alter or modify any portions
of facilities, the leased premises or the improvements con-
structed therein without first obtaining written approval from
the City.
ARTICLE 9
9,Ol. Maintenance Responsibilities of Licensee;
Appearance of Facilities: Licensee shall, at its sole cost and
expense, keep and maintain the licensed premises including all
improvements thereto, free from litter and debris which may
result from the operation and use of the cruise ship . The
Licensee shall maintain all improvements directly related to
the cruise ship operation in a neat and orderly condition.
This article shall not be construed to require Licensee to
repair damage to the seawall unless such damage was as a result
of Licensee, his agents, employees, guest, passengers, or
invitees actions.
ARTICLE 10
10.0l. Indemnification: Licensee for himself,
heirs, personal representatives, successors, and assigns, as
the case may be, releases, defends, holds harmless and
12
Il.~
indemnifies the City of Delray Beach, Florida, and its
officers, agents, and employees from any and all liability for
loss or damage to the boat, its Licensee, and Licensee's
agents, employees, guests, passengers, or invitees whether or
not such loss or damage is based upon the negligence or conduct
of 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 known herein as
the licensed premises including, but not limited to agents,
employees, passengers, and invitees use of the licensed
premises for ingress and egress or operation of the boat.
ARTICLE 11
11.01. Damage or Destruction of Premises: If the
licensed premises or the excursion vessel are partially
damaged, but not rendered unusable for the purposes of this
Agreement, the same shall be repaired with due diligence by the
Licensee from proceeds of the insurance coverage and/or at its
own cost and expense, and a pro rata adjustment of the monthly
fees payable hereunder for the period of Licensee's business
interruption, if any, shall be made. If the damage shall be so
extensive as to render the premises or the vessel unusable for
the purposes intended, but capable of being repaired with due
diligence by the Licensee from the proceeds of the insurance
coverage policy and/or at its own cost and expense, and for the
period of Licensee's business interruption a pro rata adjust-
ment shall be made as to the minimum monthly fees.
13
ARTICLE 12
12.01- Ingress and Egress: Subject to rules,
regulations, statutes and ordinances governing the use of the
facilities, Licensee, his agents and servants, patrons and
invitees, and his suppliers of service and furnishers of
materials, shall have the right of pedestrian ingress and
egress to and from the premises, with such right not to be
unreasonably restricted during the term of this Lease
Agreement.
ARTICLE 13
13.01- Insurance: Licensee shall purchase and
maintain insurance providing coverage on an occurrence basis
during the term of this agreement as outlined below:
A. Comprehensive General Liability or Commercial
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 Office, and must include:
1. Minimum Limits of total coverage shall be
[$1,000,000.00] per occurrence combined single limit
for Bodily Injury Liability and Property Damage
Liability, the basic policy to be in said form with
any excess coverage (and the carrier) to be accept-
able to the City.
14
.j .~
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
Completed Operations.
6 . Broad Form Contractual Coverage applicable
to this specific agreement, including any hold
harmless and/or indemnification agreement.
7. Personal Injury coverage with employees and
contractual exclusions removed.
8. Crew Coverage.
9. Pollution Coverage.
10. Collision Liability.
15
11. Strikes, Riots and Civil Commotion.
12, Loss Payee Interest May Appear,
13. Passenger Liability.
14, Dock Liability,
15. Additional Insured. The City is to be
specifically included as an additional (including
products) .
16. Notice of Cancellation and/or Restriction.
The policy must be endorsed to provide the City with
thirty (30) days' written notice of cancellation
and/or restriction,
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.
ARTICLE 14
14.0 l. Cancellation by City: The occurrence of any
of the following shall cause this Agreement to be automatically
terminated:
16
<, ,~
A. Institution of proceedings in voluntary bank-
ruptcy by the Licensee.
B. Institution of proceedings in involuntary
bankruptcy against the Licensee if such proceedings lead to
adjudication of bankruptcy and the Licensee fails within ninety
(90) days to have such adjudication reversed.
The City shall have the right, after fourteen ( 14 )
calendar days written notice sent by registered or certified
mail to the Licensee specifying the amount of payment(s) in
default, to terminate this Agreement whenever the non-payment
of any sum or sums due hereunder continues for a period of ten
( 10) calendar days after the due date for such payments;
provided, however, that such termination shall not be effective
if Licensee makes the required payment(s) during the fourteen
(14) calendar day period following receipt of the written
notice,
ARTICLE 15
15.01. Non-discrimination:
A. That Licensee for itself, its personal represen-
tatives, successors in interest, assigns subcontractors, and
sublessees, as a part of the consideration hereof, does hereby
covenant and agree that:
1. No person on the ground of race, color, national
origin, age, or sex shall be excluded from
participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use
of said facilities,
17
2, That in the construction of any improvements on,
over, or under such land and the furnishing of
services thereon, no person on the ground of
race, color, national origin, age, or sex shall
be excluded from participation in, be denied the
benefits of, or otherwise be subject to discrim-
ination,
3 , That the Lessee shall use the premises in
compliance with all other requirements imposed
or pursuant to Title 45, Code of Federal Regula-
tions, Article 80, Non-discrimination under
programs receiving Federal Assistance through
the Department of Health, Education and Welfare
- Effectuation of Title VI of the Civil Rights
Act of 1964, and as said Regulations may be
amended.
B. That in the event of a proven breach of any of
the above non-discrimination covenants, the City shall have the
right to terminate the license and to take possession of said
facilities and hold the same as if said license had never been
made or issued. This provision shall not be effective until
the procedures of Title 45, Code of Federal Regulations, Part
80, are followed and completed including exercise or expiration
of appeal rights.
C. Licensee shall not discriminate against any
employee or applicant for employment to be employed in the
18
<l ;~
performance of the contract with respect to hiring, tenure,
terms, conditions or privileges of employment, or any matter
directly or indirectly related to employment because of age,
sex, physical handicap (except where based on a bona fide
occupational qualification); or because of marital status,
race, color, religion, national origin or ancestry,
ARTICLE 16
16.01. Rules and Regulations: Licensee will
observe, obey and comply with all rules and regulations adopted
by the City and all laws, ordinances and/or rules and regula-
tions or other governmental units and agencies having lawful
jurisdiction, which may be applicable to Licensee's operations
under this Agreement. City shall not adopt any ordinances,
rules, or regulations which are directed toward impairing the
City's obligation under this lease.
ARTICLE 17
17.01. Default: Except where set forth specifically
herein, upon thirty (30) days notice of any default of the
terms and conditions of this Agreement, the defaulting party
shall cure such default. In the absence of such cure, the
nondefaulting party may terminate this Agreement.
17.02. Payment of Obligations: Licensee shall pay
all taxes and other costs lawfully assessed against its
interests in licensed premises, its improvements and its
operations under the Agreement provided, however, that Licensee
shall not be deemed to be in default of its obligations under
19
this Agreement for failure to pay such taxes pending the
.r ou tcome of any legal proceedings instituted to determine the
validity of such taxes.
ARTICLE 18
18.01. Inspection by City: The City may, but is
under no duty to, make periodic inspections of the licensed
premises, and the equipment, to determine if such are being
maintained in a neat and orderly condition and are in proper
repair. Inspections may also be made to determine whether the
Licensee is operating in compliance with the terms and provi-
sions of this Agreement.
ARTICLE 19
19.01. Maintenance and Repairs by the City: The
Licensee shall have the obligation of maintaining and repairing
the premises and improvements relating exclusively to the
cruise boat operation. Should inspection by the City indicate
that Licensee is not properly maintaining or repairing the
premises and improvements thereon in neat, and orderly condi-
tion and in proper repair, the City will so inform the Licensee
in writing, specifying the deficiencies. Should the Licensee
fail, within thirty (30) days of such notifications, to correct
or to commence to correct the deficiencies, the City may either
make the necessary repairs and perform the required maintenance
at the Licensee's expense or terminate this Agreement. All
corrections must be made within a reasonable time.
20
<I.~
ARTICLE 20
20.01. Termination of Contract: The Licensee ,.
within ten ( 10) calendar days following the termination of this
Agreement, shall forthwith remove all of its personal property
not acquired under the terms of this Agreement and the original
proposal. Any personal property of Licensee not removed in
accordance with this Article may be removed by the City for
storage at the cost of Licensee or shall constitute a gratui-
tous transfer of title thereof to the City for whatever
disposition is deemed to be in the best interest of the City.
The City shall not be liable to Licensee for the safekeeping of
Licensee's personal property.
It is the intention of the parties to this Agreement
that the excursion vessel together with all furnishings and
equipment purchased or leased by Licensee, except those perma-
nently affixed to buildings, as defined under the laws of the
State of Florida, shall be and will always remain, the personal
property of the Licensee.
Upon termination of this Agreement and the removal of
all personal property by Licensee, the Licensee shall immedi-
ately restore said premises to a neat and clean condition.
ARTICLE 21
21.01. Approval: Whenever prior approvals or
consents are required hereinabove by either party, such
approvals shall be received in writing by the party seeking
21
approval prior to initiating the action for which approval was
sought.
ARTICLE 22
22.01. Indulgence Not Waiver: The indulgence of
either party with regard to any breach or failure to perform
any provision of this Agreement shall not be deemed to consti-
tute a waiver of the provision or any portion of this Agreement
either at the time the breach or failure occurs or. at any time
throughout the term of this Agreement.
ARTICLE 23
23.01. Remedies, Attorneys' Fees and Costs: All
remedies provided in this Agreement shall be deemed cumulative
and additional, or not in lieu of or exclusive of each other or
of any other remedy available at law or in equity. In the
event of any arbitration or action at law or in equity arising
hereunder, the prevailing party shall be awarded all costs and
expenses (including reasonable attorneys' fees) incurred in
connection therewith.
ARTICLE 24
24.01. Notices: Any notices submitted or required
by this Agreement shall be sent by registered or certified mail
and addressed to the parties as follows:
To the City: Joseph Weldon, Director
Parks and Recreation Department
50 N.W. 1st Avenue
Delray Beach, Florida 33444
22
<I .~
To the Licensee: Dane Mark
ISAN Charters, Inc.
Stillwater Cruises
200 S. Ocean Blvd.
Delray Beach, Florida 33444
or to such other addresses as either party may designate in
writing.
24.02. Interpretation: This Agreement constitutes
the entire Agreement between the parties with respect to
subject matter hereof and supersedes all prior verbal or
written agreements between the parties with respect thereto.
This Agreement may be amended only by written document, proper-
ly authorized, executed and delivered by both parties hereto.
This Agreement shall be interpreted as a whole unit and
sections headings are for convenience only. All interpreta-
tions shall be governed by laws of the State of Florida.
Waiver of any breach shall not constitute waiver of any other
breach. Invalidation of any portion of this Agreement shall
not automatically invalidate the entire Agreement.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement and three ( 3) counterparts, each of which shall
constitute an original to be executed by the appropriate
officials as of the date first above written:
WITNESS LICENSEE:
23
CITY OF DELRAY BEACH, FLORIDA
By:
MAY 0 R
ATTEST:
City Clerk
Approved as to Form and
Legal Sufficiency
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME the undersigned officer duly authorized to
take acknowledgments, appeared ,
, and acknowledged that he executed the
foregoing document in behalf of, and as an authorized act of,
said Corporation:
SWORN TO AND SUBSCRIBED before me this day of
-
, 1991.
Notary Public
State of Florida At Large
My Commission Expires:
24
II ,~
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER!tr1
SUBJECT: AGENDA ITEM # e - MEETING OF AUGUST 27, 1991
OFF-SITE PARKING AGREEMENT/BRANDY'S RESTAURANT
DATE: August 22, 1991
This item is before you to consider an off-site parking agreement \vith
Brandy's Restaurant. The City Attorney's Office has reviewed the
agreement and approve it as to legal sufficiency and form.
On further review of Section 4.6.9(E)(5) of the Land Development
Regulations, it is the City Attorney's office opinion that the intent
of the ordinance is satisfied because the deck on the Highbridge
property will be removed and the property restored to its existing
condition if the coastal property becomes unavailable for parking. In
addition, the additional 24 parking spaces on the coastal property,
over and above the six spaces required as a result of the deck
installation, and the eight relocated spaces actually decreases the
nonconformity of the present site.
..,
.
MEMORANDUM
DATE: August 20, 1991
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Off-site Parking Agreement for Brandy's Restaurant
Our office has reviewed the above-stated agreement and approve
it as to legal sufficiency and form.
On further review of Section 4.6.9(E)(5) of the LDRs, it is our
office's opinion that the intent of the ordinance is satisfied
because the deck on the Highbridge property will be removed and
the property restored to its existing condition if the Coastal
property becomes unavailable for parking. In addition, it is
our office's opinion that the additional 24 parking spaces on
the coastal property over and above the six spaces required
because of the deck installation, and the eight relocated
spaces actually decreases the nonconformity of the present
site. If the Coastal property becomes unavailable for parking,
then the current Highbridge site will be restored to its
present state thereby not increasing its present non-conforming
status.
agreement on the August 27, 1991 City
for approval.
-
li ,~
Prepared by and Return to:
Arthur J. Menor, Esquire
WIEN, MALKIN & BETTEX
306 Royal Poinciana Plaza
P. O. Drawer 270
Palm Beach, FL 33480
AGREEMENT
This Agreement (the "Agreement") is made as of the
day of August, 1991, by and between THE CITY OF DELRAY
BEACH, FLORIDA, a municipal corporation of the State of
Florida (the "City") , and HIGHBRIDGE ASSOCIATES LIMITED
PARTNERSHIP, a Connecticut limi ted partnership
("Highbridge") , COASTAL PARTNERS LIMITED PARTNERSHIP, a
Delaware limited partnership ("Coastal") , and BRANSCOMBE
CAN-AM, INC. , a Florida corporation ("Branscombe") .
R E C I TAL S:
--------
I. Branscombe has applied for permission to construct
an outdoor deck in connection with a restaurant it will
operate at premises it is leasing from Highbridge located at
836 East Atlantic Avenue, Delray Beach, Florida and being a
portion of the property legally described in EXHIBIT "A"
attached hereto and made a part hereof (the "Highbridge
Property").
II. In order to construct the deck, six (6 ) additional
parking spaces are required which are not currently provided
on the Highbridge Property.
III. Branscombe has entered into a Lease with Coastal
for a parcel of property adjacent to and south of the
Highbridge Property and legally described in EXHIBIT "B"
attached hereto and made a part he reo f (the
"Coastal Property").
IV. Branscombe has caused to be prepared and submitted
to the City a Site Plan (the "Site Plan") for the Highbridge
Property and the Coastal Property. A copy of the Site Plan
is attached hereto as EXHIBIT "c" a nd made a part hereof.
The Site Plan provides for a total of thirty-seven (37)
parking spaces on the Coastal Property (29 of which are
entirely on the Coastal Property, and eight (8) of which are
primarily on the Coastal Property and partly on the
Highbridge Property) , as follows: (i) the six (6 )
82127 -1-
8/21/91
additional spaces in connection with the outdoor deck; (ii)
eight (8 ) spaces which have been relocated from the
Highbridge Property to the Coastal Property; and (iii) the
remaining twenty-four (24) spaces are excess parking and
which, together with the other spaces on the Coastal
Property, may be used in connection with uses on the
Highbridge Property.
V. The Site Plan has been approved by the Planning
and Zoning Board of the City and the Historical Preservation
Board of the City.
VI. In order to insure that the six (6 ) additional
required parking spaces would be available in connection
with the outdoor deck, the approvals referred to in the
preceding paragraph required a platting of the Highbridge
Property and the Coastal Property.
VII. The City, however, has decided that platting is
not required and that this Agreement will serve as a
sufficient and acceptable alternative to platting in order
to provide the following: (i) the additional six (6)
parking spaces required in connection with the outdoor deck;
(ii) the relocation of eight (8) spaces from the Highbridge
Property to the Coastal Property to accomodate the parking
lot design desired by the City as re flected in the Site
Plan; (iii) a procedure for discontinuance of the use of the
outdoor deck if the six (6) additional required spaces or
the eight (8 ) relocated spaces are at any time not available
for use in connection with the deck; (iv) a procedure for
restoration of the parking lot as formerly located on the
Highbridge Property, prior to the modifications set forth on
the Site Plan, in accordance with the attachment to Site
Plan; and (v) to permit use of parking on the Coastal
Property in connection with uses on the Highbridge Property,
as long as parking on the Coastal Property exists.
VIII. The City recognizes and acknowledges that the
parking lot on the Highbridge Property, as it presen:tly
exists, is a legal non-conforming use. The City has
determined that construction of the improvements pursuant to
the Site Plan will decrease the non-conformity and be a
substantial benefit to the City. The City wishes to induce
construction of such improvements by acknowledging that such
construction shall not cause a loss of the right to maintain
the Highbridge parking lot in its non-conforming status or
to restore the parking lot on the Highbridge Property, as
provided in this Agreement.
IX. The parties desire to enter into this Agreement in
order to permit construction of the deck and parking lot in
82127 -2-
8/21/91
,I ,~
accordance with the considerations set forth in these
Recitals.
NOW, THEREFORE, in consideration of the foregoing, the
mutual covenants and conditions contained in this Agreement,
and other good and valuable considerations, the receipt and
sufficiency of which are hereby acknowledged, the parties
hereto, intending to be legally bound, hereby agree as
follows:
1. Incorporation of Recitals. The parties hereby
represent and warrant that the foregoing Recitals are
accurate and correct and hereby incorporate them in this
Agreement.
2. Outdoor Deck. All necessary permits and approvals
for construction of all improvements depicted on the Site
Plan sball be issued by the City immediately upon execution
of this Agreement by all parties. A Certificate of
Occupancy (CO) shall not be issued until the parking lot is
completed. Construction and maintenance of the parking lot
pursuant to the Site Plan shall satisfy the parking require-
ments with respect to the outdoor deck. So long as the six
(6) additional and eight (8 ) relocated parking spaces are
available to Branscombe, its successors and assigns, for
construction and use of the deck, such deck may be main-
tained and used. Should either (i) Branscombe, its
successors or assigns, ever lose the right to utilize the
six (6) additional or the eight ( 8) relocated parking spaces
on the Coastal Property, by termination of Branscombe's
Lease with Coastal, or otherwise, or ( ii) Coastal obtain a
modification of the Site Plan or a change in use of the
Coastal Property resulting in the loss of use by Branscombe
of the six (6) additional or the eight (8 ) relocated parking
spaces on the Coastal Property, at the election of the City,
the deck shall be immediately removed and the right to
install, maintain, and use the deck shall be rescinded.
3. Restoration of Highbridge Parking Lot. The City
represents and warrants that this Agreement, and implementa-
tion of the Site Plan in connection with this Agreement,
shall not in any manner be construed to cause a loss of the
legal non-conforming use status of the parking lot as it
currently exists on the Highbridge Property or the right to
restore the parking lot as it currently exists on the
Highbridge Property to its former status, in the future
after completion of construction of the improvements
pursuant to the Site Plan. Accordingly, Highbridge may, at
any time, restore the parking lot located on the Highbridge
Property in the manner set forth in the attachment to the
Site Plan, including reopening the entrance to Palm Way from
82127 -3-
8/21/91
the Highbridge Property which is being closed pursuant to
the Site Plan so long as the outdoor deck is also removed by
Highbridge. If the parking lot located on the Highbridge
Property is restored in the manner set forth in the attach-
ment to the Site Plan, the Highbridge Property shall be
deemed in compliance with all applicable parking require-
ments of the City with respect to the continued use and
operation of the Highbridge Property and in compliance with
all applicable City Codes concerning parking. Should the
parking lot located on the Highbridge Property be restored
in the manner set forth in the attachment to the Site Plan,
at the election of the City, the deck shall be removed and
the right to install, maintain, and use the deck shall be
rescinded, and the Highbridge Property shall be restored in
the manner set forth in the attachment to the Site Plan,
including reopening the entrance to Palm Way from the
Highbridge Property.
4. Fire Hydrant. The fire hydrant currently shown on
the Site Plan need not be installed and shall not be a
requirement to any of the permits and approvals required in
order to construct and use the improvements depicted on the
Site Plan.
5. Further Assurances. The parties shall from time
to time execute and deliver such other and further
instruments and documents and do all matters and things
which may be convenient or necessary to more effectively and
completely carry out the intent of this Agreement.
6. Binding Effect. All of the terms and provisions
of this Agreement shall be binding upon, inure to the
benefit of, and be enforceable by, the parties hereto and
their respective heirs, successors, legal representatives,
and permitted assigns.
7. Entire Agreement. This Agreement shall constitute
the entire agreement of the parties with respect to the
subject matter of it. All prior understandings and agree-
ments between the parties with respect to such matters are
merged into this Agreement, which alone fully and completely
expresses their understanding.
8. Amendments. This Agreement may not be amended,
modified, altered, or changed in any respect, except by a
further agreement in writing duly executed by each of the
parties hereto.
9. Covenants Running With the Property. All provi-
sions of this Agreement shall be construed to be covenants
running with the Highbridge Property and the Coastal
82127 -4-
8/21/91
a'l
Property and every owner of the Highbridge Property and the
Coastal Property or any part thereof or any interest therein
and their heirs, legal representatives, successors, and
assigns, shall be bound by all of the provisions of this
Agreement.
10. Third Parties. Nothing in this Agreement, whether
implied, . intended to confer rights
express or J.s any or
remedies under or by reason of this Agreement upon any
person other than the parties hereto and their respective
heirs, successors, legal representatives, and permitted
assigns, nor is anything in this Agreement intended to
relieve or discharge the obligation or liability of any
third persons to any party to this Agreement, nor shall any
provision hereof give any third person any right of subroga-
tion or action over or against any party to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be duly executed on their behalf this _ day
of August, 1991.
Signed, Sealed, and Delivered
in the Presence of:
THE CITY OF DELRAY BEACH, a
municipal corporation of the
State of Florida
By:
Mayor
Approved as to legal sufficiency
and form:
City Attorney
HIGHBRIDGE ASSOCIATES LIMITED
PARTNERSHIP, a Co necticut
limite ship
B
CONTINUED ON FOLLOWING PAGE]
82127 -5-
8/21/91
COASTAL PARTNERS LIMITED
PARTNERSHIP, a Delaware limited
partnership
By:
~D~
'~ - ------
( : \ \ " ' ~ ' \ \ . " ( \ " '- -)I. ~
\
NSCOMBE CAN-AM, INC. , a
rida corEoration
-
STATE OF FLORIDA )
) ss. :
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me
this day of August, 1991, by , as
- of The City of Delray Beach, a municipal
corporation of the State of Florida, on behalf of the
corporation.
Notary Public
(Print or Type Name)
State and County Aforesaid
[OFFICIAL NOTARIAL SEAL]
My Commission Expires:
82127 -6-
8/21/91
I! .~
STATE OF FLORIDA )
) ss.:
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me
this ~ day of August, 1991, by Burton Handelsman, as
general partner of Highbridge Associates Limited
Partnership, a Connecticut limited partnership, on behalf of
the limited partnership.
J ,(\ J. \\
State and County Aforesaid
[OFFICIAL NOTARIAL SEAL]
My Commission Expires:
STATE OF FLORIDA ) NOTARY ?'JSLIC STm Of FLORIDA
) ss.: MY :o~r!.~I~N EXP. nEe. 3.1991
COUNTY OF PALM BEACH) EO~Dc:J I(Ou,:NEm r~s. oNO.
The foregoing instrument was acknowledged before me
" \
this ~ day of August, 1991, by Burton Handelsman, as
general partner of Next Door Associates Limited Partnership,
a Delaware general partnership, on behalf of the general
partnership as general partner of Coastal Partners Limited
Partnership, a Delaware limited partnership, on behalf of
the limited partnership.
l. ~ ~ i"(\ 0_ ~ \. C 7\
Type Name) .
State and County Aforesaid
[OFFICIAL NOTARIAL SEALl
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA
MY 'OM"ISSICN EXP. DEC. 3.1991
BC~~ED THRU GENERAL INS. uNO.
82127 -7-
8/21/91
STATE OF FLORIDA )
) ss. :
COUNTY OF PALM BEACH)
The foregoing instrument was acknowledged before me
this day of August, 1991, by Ron Branscombe, as
President of Branscombe Can-Am, Inc. , a Florida corporation,
on behalf of the corporation.
't~~iPli/~~
. (~2>A?h' r //~~/P
(Print or Type Name)
State and County Aforesaid
[OFFICIAL NOTARIAL SEAL]
My Commission Expires:
M fJcfc:r~ P~bJ;t, ~fa'e fI' "or11~-'
't CommIssIon Fxpires May 2 1992
Iond.d rhrIJ Troy fgjn . I '
nSiJrance Inc.
82127 -8-
8/21/91
lI.~
.
. .
'.
EXHIBIT "A"
. .
SCHEI:ULE of all of the follo....ing de!icribe1 land', s1tuated in
Palm Beach Coun ty, State of florid.a., to-....it :
A part of Block 133, Town of Linton . (no.... Delray Beach) as per
Plat rp.co~dp.d 1~ the Of11ce of the Clerk of the Cjrcuj~ Court
1n and ~or Palm Beach County, F1oridA, in Pla t Book 1, Page 3
and more ~rticularly descrit~d as fo1)ows:
Beg1r.nlng ct a p01nt at t~e f?rtheast corner of ~lock 133,
thence West n.long the Sout'l property line of Atll\ntlc Avenue
a distance of 169.~9 feet to" a aOint, thence South 138.60
feet to tl. point, thence East l'~ .76 feet to a point, thence
Northerly along the West rigbt-of-way line of the Intracoastal
Waterway, a distance of 139.80 fee~ to the Po1n~ of BeginnLlg.
Also known as Ints 51, 52, 53, 54 and 55 of a Pl~t of Palm
Square Subd1vi~1on recor1e~ and jn file 1n the office of the
~ity Clerk of ~lray Beach, florid.a..
Also all of thc North 12 feet of Lot 56 of said Palm Square
~lbdivision as per plat thereof Or: fil~ in the Office of the
City Clerk of Delray eeo.ch, Florid.a..
Beginning at a point on the South line of Atlantic Avenue
that is 240 feet East of the East line of Bay Street (S. E.
7th A'/cnue) as sha....n on the Plat of Delray Beach, F1.orid.!l.
(formerly Lin ton), e'11 rec \.))"ded' in PIa t Book 1 on Page 3,
Public Records of Palm Beach County, rlo~id.a.; thence South
along the East line of Palm Square (Palm Avenue) a distance
of 13B.6 feet; thence East, parallel ....ith the said South line
of Atlantic Avenue, a distance uf 100.0 feet, thence North,
pe.rali!: ....~th the said East line of Palm Square (Palm Avenue)
a distar.ce of 138.6 reet t") the said South line of Atlantic
Avenue; thence West, along the said South line of AtlantiC
Avenue a distance of 100.0 feet to the Point of Beginning.
Also sometimes described CiS Lots 47, 48, 49 and'SO of Palm
Souare, an un-recorded subdivision of Blocks 125 a.nd 133 of
the sp.1d plat of Dclrny Beach, F10rida (formerly Linton),
less the North 7.0 feet thereof for right,'of-way of Atlantic
Avenue.
-
:1.
-
N
-
-
0...
N P RECORO VER'~'EO
CD AlM BEACH COUNTY F'tA
C'oI #00 JOHN 8. OUNlI:lE'
('I') ...lE~1C elRClJrT COUR:'
t:D
.
....,..~,,,...~,--,,...."",'".....~......-----
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'.' . .
. . . .
. I 1
EXHIBIT B .
Premises located at 840 East Atlantic Boulevard, Delray
Beach, Florida, in a building located on the following
described real property:
A part of Block 133, Town of Linton (now De lray
Beach) as per Plat recorded in the Office of. the
Clerk of the Circui t Court in and for Palm Beach
County, Florida in PIa t Book I, Page 3, and more
particularly described as follows: Beginning at a
point at the N.E. corner of Block 133, thence West
along the South property line of Atlantic Avenue a
distance of 169.39 feet to a point, thence South
138.60 feet to a point, thence East 148.76 feet to
a point, thence Northerly alonq the West right-
of-way line of the Intracoastal Watervay, a
distance of 139.80 feet to the Point of Beginning.
Also known as Lots 51, 52, 53, 54, and 55 of a Plat
of Palm Square Subdivision recorded and on file in
the office of the City Clerk of Delray Beach,
Florida. .
Also all of the North 12 feet of Lot 56 of said
Palm. Square Subdivision as per plat thereof on file
in the Of fice of the Ci ty Clerk of Delray Beach,
Florida. Beginning at a point on the South line of
. Atlantic Avenue that is 240 feet East of the East
line of Bay Street (S.E. 7th Avenue) as shown on
the Plat of Delray Beach, Florida (formerly Linton)
and recorded in Plat Book 1 on Page 3, of the
Public Records of Palm Beach County, Floridal
thence South along the East line of Pa lJD Square
(Palm Avenue) A distance of 138.60 feetl thence
East, parallel with the said South line of Atlantic
Avenue, a distance of 100.00 feet, thence North,
parallel with the said East line of PalJD Square
(Palm Avenue) a distance of 138.60 feet to the said
South line of Atlantic Avenuel thence West, along
the said South line of Atlantic Avenue a distance
of 100.00 feet to the Pont of Beginning. Also
. sometimes described as Lots 47, 48, 49, and SO of
Palm Square, an un-recorded subdivision of Blocks
125 and 133 of the said plat of Delray Beach,
Florida (formerly Linton). Less the North 7.0 feet
thereof for right-of-way of Atlantic Avenue.
R~(;GRO VE!I\IF1EO
PAl M I=lJ' Arl-l rr" 1~.lTV t'. .
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERtJvl
SUBJECT: AGENDA ITEM # q P - MEETING OF AUGUST 27, 1991
GULFSTREAM BOULEVARD MEDIAN IMPROVEMENTS
DATE: August 22, 1991
At your July 9th regular meeting the Commission was advised that the
City of Boynton Beach was financially unable to .participate in any
landscape plan for Gulfstream Boulevard other than Scheme 1 ($15,112) .
Subsequently, the Boynton Beach City Commission has reconsidered this
item; and, at their August 6th meeting voted to proceed with revised
Scheme 1 ($17,862). It should be noted that the scheme that the City
of Boynton approved is a variation of the Scheme 1 design which was
originally submitted to the Commission.
Instead of Oak Trees, the revisions consists of Mahogany trees on 30
foot centers with Royal Poinciana, Dwarf Yellow Lantana, and Spider
Lilies alternating at the ends of each median. Bahia sod would be
placed in the balance of the medians.
The Commission had previously expressed a desire to implement Scheme
Three by using a phased approach. Scheme Three added Washingtonia
Palms a~d more Royal Poinciana Trees, with the balance of the medians
being planted in shrubs and ground cover without sod. 'I'he revised
cost estimate for this scheme was $53,056 after the elimination of
some of the Royal Poincianas and modifying the ground cover spacing.
It would be fairly simple to add the additional plantings envisioned
in' Scheme Three at a later date. Therefore, I recommend approval of
Boynton Beach's proposal as an initial phase of landscaping for
Gulfstream Boulevard.
f/JoCLUL W/~ ~ #/
~ 'I-k/ (' IinoeEf,(JS
c/,SSEn771! )
<I ,~
-. -
, ' ~ -;.-.'- ~-
-
- .
M E M 0 RAN DUM
To: David Harden, City Manager 1/ '
From: Lu1a Butler, Community Imptovement DitectOt~-
Re: GULFSTREAM BOULEVARD - BOYNTON'S PROPOSAL
Date: August 14, 1991
I am in receipt of a letter from the City of Boynton Beach, regarding the
proposal for landscaping Gulfstream Boulevard. The Boynton Commission voted
to proceed with 'Revised scheme # 1'. This scheme is a variation of Scheme #
1 which was originally submitted to the De1ray Commission.
The original plan called for Oak Trees, with Bahia sod and minimal ground
cover at the ends of the medians. Upon review by the Delray Site Plan Review
and Appearance Board, they recommended that the Oaks be changed to Mahogany
Trees, and that a flowering Royal Poinciana be planted at the end of each
median.
SPRAB's preference was for 'Revised Scheme # 2' which was basically the same
as # 1, but provided for shrub massings in the middle of the medians. The
Board stated that they could support Scheme # 1 if funding became an issue.
Boynton Beach is requesting confirmation that this scheme would be
acceptable to our City Commission. Please let me know if proceeding with
this scheme is acceptable and I will direct Nancy Davila to work with Kevin
Hallahan, in Boynton, to move forward with this project.
..,
. ~
100 'E. 'Boynton 'Beach 'Boulevard
P.O. 'B07(31O
'Boynton 'Beach, :Fforida 33425-0310
City J{a[(: (40i) i34-8111 1\ 1- '. -
-, r . y' ....
:FJtX: (407) 738.7459 ' -.~ 1.'. l ~
AUG 1 3 '991
August 12, 1991 "I ry
\. MANAC-R'S
t . UFru: [
David Harden, City Manager
City of Delray Beach
100 NW 1 Avenue
Delray Beach, FL 33444-2698
Dear David:
On Tuesday, August 6, 1991, the Boynton Beach City Commission discussed the
landscaping proposals for Gulfstream Boulevard. The City Commission voted
to proceed with the revised scheme #1, (Delray's proposal). This was the
proposal that incorporated Mahogany Trees, Royal Poinsiana, Dwarf Yellow
Lantana, Spider Lilies, Bahia sod and irrigation. The cost for the pro-
ject, for each City, would be approximately $17,862, which includes
installation of a well for the irrigation system. It is our understanding
that this proposal is agreeable with your City Commission. Please confirm
and then we can move forward. Thank you.
Sincerely,
CITY OF BOYNTON BEACH
)
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'-__ L Le-/ C/ f_~ L \.~- /
Carrie Parker
Assistant City Manager
CP:cd
cc: J. Scott Miller, City Manager
Charlie Frederick, Recreation & Parks Director
Kevin Hallahan, Forester/Environmentalist
Central File
5lmerica's gateway to the (julfstream
. ..
%e City of
~oynton 13eacfi
100 'E. '13oynton '13eadi '13oufevara
P.O. '13o~310
'13oynton'13etuh, '.Jforitfa 33425.0310
City J-fa{[: (407) 734.8111 1\ l' .
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'.J5U: (407) 738.7459 - .~ 1', l .
AUG 1 3 1991
August 12, 1991 \'1 ry iYlANAC-R'S
t . UFrtr:[
David Harden, City Manager
City of Delray Beach
100 NW 1 Avenue
Del ray Beach, FL 33444-2698
Dear David:
On Tuesday, August 6, 1991, the Boynton Beach City Commission discussed th~
landscaping proposals for Gulfstream Boulevard. The City Commission voted
to proceed with the revised scheme #1, (Delray's proposal). This was the
proposal that incorporated Mahogany Trees, Royal Poinsiana, Dwarf Yellow
Lantana, Spider Lilies, Bahia sod and irrigation. The cost for the pro-
ject, for each City, would be approximately $17.862, which includes
installation of a well for the irrigation system. It is our understanding
that this proposal is agreeable with your City Commission. Please confirm
and then we can move forward. Thank you.
Si ncerely,
CITY OF BOYNTON BEACH
)
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Carrie Parker
Assistant City Manager
CP:cd
cc: J. Scott Miller, City Manager
Charlie Frederick, Recreation & Parks Director
Kevin Hallahan, Forester/Environmentalist
Centra 1 Fll e
JtmerUa's (jateway to the (julfstream
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M E M 0 RAN DUM
To: David Harden, City Manager\,;
From: Lu1a Butler, Community Improvement Director~
Re: GULFSTREAM BOULEVARD - BOYNTON'S PROPOSAL
Date: August 14, 1991
I am in receipt of a letter from the City of Boynton Beach, regarding the
proposal for landscaping Gu1fstream Boulevard. The Boynton Commission voted
to proceed with 'Revised scheme # 1'. This scheme is a variation of Scheme #
1 which was originally submitted to the Delray Commission.
The original plan called for Oak Trees, with Bahia sod and minimal ground
cover at the ends of the medians. Upon review by the Delray Site Plan Review
and Appearance Board, they recommended that the Oaks be changed to Mahogany
Trees, and that a flowering Royal Poinciana be planted at the end of each
median.
SPRAB's preference was for 'Revised Scheme # 2' which was basically the same
- as # 1, but provided for shrub massings in the middle of the medians. The
Board stated that they could support Scheme # 1 if funding became an issue.
Boynton Beach is requesting confirmation that this scheme would be
acceptable to our City Commission. Please let me know if proceeding with
this scheme is acceptable and I will direct Nancy Davila to work with Kevin
Hallahan, in Boynton, to move forward with this project.
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[ITY DF DELRAY BEA[H
100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000
i
~
July 24, 1991
Mr. J. Scott Miller, City Manager
The City of Boynton Beach
100 East Boynton Beach Boulevard, P. O. Box 310
Boynton Beach, Florida 33425-0310
Dear Scott:
Recently the Oelray Beach City Commission reviewed your
proposal of June 2lst to proceed with the landscaping of
Gulfstream Boulevard median based on Scheme One. The
majority of our Commission felt that instead of using Scheme
One, they would prefer to use a phased approach to Scheme
Three. We certainly understand the financial constraints we
are all facing this year. Nevertheless, we believe that
Scheme Three is superior, both in terms of appearance and
long-term maintenance cost. Therefore, we would rather see
the combined total of $30,224, which is the estimated cost of
Scheme One applied toward a "first phase" of Scheme Three.
The remainder of Scheme Three could be completed in a later
budget year.
If this phased approach to Scheme Three is acceptable, please
let me know, and our staff can work with yours to determine
exactly what should be done in the first phase.
Sincerely,
~Q-rrJ~
DAVID T. HARDEN
City Manager
DTH:mld
cc: Lula Butler
THE EFFORT ALWAYS MATTERS
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER (It- f
SUBJECT: AGENDA ITEM # ~& - MEETING OF AUGUST 27, 1991
PROPOSED LETTER OF COMMITMENT
DATE: August 22, 1991
We have received a request from the Town of Highland Beach for a
Letter of Commitment to sell treated City water to the Town. Highland
Beach is attempting to procure a ten year Consumptive Use Permit from
the South Florida Water Manageffient District (SFWMD) . In that regard,
the Town must provide SFWl>1D with a specific plan in order to supply
the long term water needs of the possible maximum build out population
of the Town. They are requesting that we commit to make available up
to 500,000 gallons per day by 1993 and up to 1,500,000 gallons per day
by 1997. Staff has reviewed this request. Several alternatives are
available which are addressed in a staff report attached as backup
material for this item.
Recommend that we grant the request from the Town of Highland Beach
for a Letter of Commitment to sell treated City water to the Town.
~~.J J!h /
( !fnoe&J5 /JiSS&J77nt;)
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,~. . ~_ :M~ Com mISS loners
~l'""'. . . ::::r::J 3614 SOUTH OCEAN BOULEVARD. HIGHLAND BEACH. FLORIDA 33487 Arthur G. Eypel
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'. ....." . John F Rand
"'\[ LOR \ \\ "'...- 407-278-4548 Town Manager
\,,,,,,,,~... Palm Beach County, Florida FAX 407-265-3582
Mary Ann Manano
August 1, 1991
The Honorable Thomas E. Lynch
Mayor, City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33444-2698
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Dear M~yer Lynch:
Several months ago, you and I, as well as our respective Managers,
met to discuss the long term water needs of the Town of Highland
Beach. It seemed at that time that the City of Delray Beach was re-
ceptive to making water available for sale to the Town of Highland
Beach.
The Town is in the process of attempting to procure a ten year Con-
sumptive Use Permit from the South Florida Water Management District.
In that regard, the Town must provide SFWMD with a specific plan in order
to supply the long term water needs of the possible maximum build out
population of the Town. Through our studies, we have determined the
needs of the Town for water requirements under the worst case build out
density. In this regard, the Town of Highland Beach would ask that the
City of Delray Beach provide a Letter of Commitment to the Town which
would indicate that the City of Delray Beach will make available for sale
to the Town the following amounts of treated water:
By 1993 - up to 500,000 gallons per day
By 1997 - up to 1,500,000 gallons per day
This commitment will provide what SFWMD will need in order to consider
our permit application, and will be used as a basis for a mutually
beneficial agreement between our respective municipalities for the
future long term water needs of the Town of Highland Beach.
\-ve thank you for your consideration of this matter and look forward
to working with you on this and other items of mutual concern.
Sincere~, ~
~ ~~~
JO~' Boulay
Ma or
"Tree City U.S.A."
".~
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MEMORANDUM
TO: David T. Harden
city Manager
FROM: William H. Greenwood
Director of Environmental Services
DATE: August 14, 1991
SUBJECT: Town of Highland Beach, Proposed Letter of
Commitment
I have reviewed the Town of Highland Beach's request for a
Letter of Commitment indicating the City of Delray Beach
will make available for sale the following amounts of
treated water:
By 1993 - up to 500,000 gallons per day
By 1997 - up to 1,500,000 gallons per day
A review of CH2M Hill Water Supply Master Plan, March 1991,
indicates the following.
1.0 Water Treatment Plant Capacity - Our proposed
conversion to excess lime softening will be
completed by January 1, 1993. The plant capacity
should be rated by DER at approximately 27 to 28
mgd.
2.0 Raw Water Supply - Our existing firm raw water
capacity is 20.4 mgd which will be increased 3 to
4 mgd by January 1, 1993. This will be
accomplished by the installation of one to two
additional wells on the Golf Course plus
redeveloping other wells.
A decision to obtain additional well sites either in Delray
Beach or persuing the Morikami Wellfield, recently approyed
by the county Commission, could possibly be made during
September or October 1992. Additional well capacity is
required to meet maximum day demand (Reference Figure 5-1
Attached) .
A brief listing of the advantages and disadvantages to
supply the Town of Highland Beach is as follows:
1.0 Advantages
1.1 Additional revenue to the City of Delay Beach
by selling excess capacity.
.
Letter of Commitment
Page 2
2.0 Disadvantage
1. 2 It is my understanding they intend to
rehabilitate their existing water treatment
plant and the requested purchase of water
would be to shave their peak periods. Their
peak flow would coincide with our peak
consumption generally occurring in February.
Restrictions on the peak demands occurring
simultaneously will have to be specified.
Based upon the data available, the city of Delray Beach
could enter into Letter of Commitment with the Town of
Highland Beach.
However, I would suggest that an intermunicipal agreement be
prepared. Some of the major points to consider would be as
follows:
1. Implementing a ready to serve charge for the
interconnection. This recommendation is based
upon their perceived need only to supplement their
supply during peak flows.
2. Implementation and enforcement of Delray' s Water
Shortage Ordinance.
3. Town preparing a hydraulic feasibility and
preliminary engineering design for the proposed
interconnections. An in-line booster may be
required on a pipe line interconnection.
4. Water meter being installed by the Town and paying
the required connection fee.
5. upgrading the existing Beach six (6) inch water
main interconnection would be required. velocity
in a six (6) inch water line for different flows
is as follows:
6-inch Pipe
Velocity
Flow (fps)
500,000 3.9
1,000,000 7.8
1,500,000 12.0
The velocity and friction head become excessive in
the existing six (6) inch pipe line
interconnection. This line would have to be
increased in size to at least ten (10) inch
diameter.
,\,~
-
Letter of Commitment -
Page 3
6. Another alternative would be to install another
interconnection along Dixie with a water meter,
booster and a lO-inch water main. This
alternative should be investigated because
Delray's water system is now constructed across
the C-15 and interconnected with Boca Raton. In
addition, our new Miller Tank and Booster Station
is also connected to this line. Town of Highland
Beach would have the best hydraulic configuation
and flexibility by investigating this alternative.
llilf t?~/O;;~~~?O
william H. Greenwood
WG: mm
File: WGTHB8l4.MRM - Memos to City Manager
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M E M 0 RAN DUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Managert/l1
SUBJECT: AGENDA ITEM #'1 f1 - MEETING OF AUGUST 27, 1991
APPOINTMENT OF THREE MEMBERS TO THE BOARD OF
CONSTRUCTION APPEALS (GENERAL CONTRACTOR, MASTER
PLUMBER AND ARCHITECT)
DATE: August 23, 1991
The terms of John Baccari (architect) , Scott Atkinson (general
contractor), and Carney Wilder, Jr. (master plumber) will expire
on August 31, 1991. Mr. Baccari was appointed in September 1990,
Mr. Atkinson was appointed in October 1990, and Mr. Wilder was
appointed in November 1990. These three individuals are eligible
for and would like to be considered for reappointment. Their
applications are attached for your review. The term is for two
(2 ) years and will expire on August 31, 1993.
The following persons have also submitted applications and are
interested in being considered:
Ronald Rickert (architect)
William stone (general contractor)
No other applications have been received for the master plumber
position.
The Land Development Regulations provide that the Board of
Construction Appeals shall be composed of two (2 ) general
contractors, one (1 ) master plumber, one (1) architect, one (1)
master electrician, one (1) air conditioning contractor, one (1)
sign contractor, one (1) real estate broker or insurance agent,
and one (1 ) professional engineer. In order to qualify for
membership, "A member shall either be a resident of or own
property in the city and/or own a business within the city except
for appointees to the Board of Construction Appeals who need not
meet this qualification. Additional qualifications may be
established for individual boards."
Based upon the rotation system, the appointments are to be made
by Commissioner Mouw (Seat #1) , Commissioner Alperin ( Seat #2) ,
and Commissioner Andrews (Seat #3).
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CI'I'Y MANAGERt11'\
SUB,JECT: AGENDA ITEM # 9 :c - MEETING OF AUGUST 27, 1991
APPOINTMENT OF THREE ( 3 ) MEMBERS TO THE PLANNING AND ZONING
BOARD
DATE: August 22, 1991
The terms of Rita Naron, Mark Krall and Jay FeIner will expire on
August 31, 1991. These persons were appointed to initial terms of one
( 1 ) year on the reconstituted Planning and Zoning Board, They are
eligible for and wish to be considered for appointment, Their
applications are attached for your review. The term is for two ( 2 )
years and will expire on August 31, 1993.
We have also received applications from:
Donald Allgrove(1) Helene S. Egelman Sandra Norton
J. Kent Atherton Fred Fetzer{4) Dorothy Patterson
John G. Baccari(2) Sylvia Gwynn Richard Raab(4)
Walter 0, Barry James A. Johnson Darrel Rippeteau(6)
Michael Caistor David Klarer David Schmidt
Michael A. Caruso Jon R. Levinson(5) Sidney Soloway
Judith A. Colvard P. Michael Manning Alvaro Vera(5)
Helen Coopersmith Rosalind Murray Stanley Watsky
Samuel M. DeOto(2) Catherine Newkerk{4) Carolyn Young
(l)Currently serving on the Education Board.
(2)Currently serving on the Board of Construction Appeals.
(3)Currently serving on the Site Plan Review and Appearance Board.
(4)Currently serving on the Code Enforcement Board.
(5)Currently serving on the Board of Adjustment.
(6)Seasonal resident.
Based upon the system adopted by the City Commission, the appointments
are to be made by Commissioner Alperin (Seat #2), Commissioner Andrews
(Seat #3), and Commissioner Randolph (Seat #4).
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M E M 0 RAN DUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager [1ftl
SUBJECT: AGENDA ITEM # Cf J' - MEETING OF AUGUST 27, 1991
APPOINTMENTS TO THE BOARD OF ADJUSTMENT
DATE: August 23, 1991
The terms of Scott Bechtle and Alvaro Vera (regular members) and
the terms of Milford Ross and Marc Shepard (alternate member s )
will expire on August 31, 1991. Mr. Vera and Mr. Ross were
appointed to one (1) year terms on the reconstituted Board of
Adjustment in August, 1990. Mr. Bechtle was appointed as a
regular member in February, 1991, to fill the unexpired term of
an individual who had resigned. Mr. Shepard was appointed as an
alternate member in May, 1991, to fill an unexpired term. All
are eligible for and wish to be considered for appointment. The
term is for two (2 ) years and will expire on August 31, 1993.
The following persons have also submitted their names for
consideration:
Donald Allgrove (currently serving on the Education Board)
John Baccari (currently serving on the BCA)
Mark David
Dorothy Patterson
Sid Soloway
Horace Waldman
Their resumes are attached for your review.
Per code, the Board of Adjustment shall consist of five (5 )
regular members and two (2 ) alternate members. In order to
qualify for membership, a candidate must either be a resident of
or own property in the City and/or own a business in the City.
Based upon the rotation system, the appointments are to be made
by Commissioner Andrews (Seat #3), Commissioner Randolph (Seat
# 4) , Mayor Lynch (Seat #5), and Commissioner Mouw (Seat #1).
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M E M 0 RAN DUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Managert~1
SUBJECT: AGENDA ITEM #~~ - MEETING OF AUGUST 27, 1991
APPOINTMENTS TO SITE PLAN REVIEW AND APPEARANCE BOARD
DATE: August 16, 1991
The terms of Mark Marsh (architect), William wilsher (landscape
architect) and Rett Talbot (layperson) will expire on August 31,
1991. In August, 1990, they were appointed to one (1) year terms
on the reconstituted Site Plan Review and Appearance Board; these
were initial appointments. All are eligible for and wish to be
considered for appointment to the board. Their applications are
attached for your review. The term is for two (2 ) years and will
expire on August 31, 1993.
The following individuals have also submitted their names for
consideration:
Donald Allgrove (currently serving on the Education Board)
John G. Baccari (architect; currently serving on BCA)
Dave Bodker (landscape architect)
Paul Richard Brautigan (architect)
Robert Brewer
Michael Caistor (landscape architect)
Mark David
Jon R. Levinson (currently serving on Board of Adjustment)
Mildred Scherer
Desiree Snyder
Their applications and resumes are attached.
The Site Plan Review and Appearance Board consists of seven (7 )
members. Of this composition, two members must be registered
architects and one member must be a landscape person.
Based upon the rotation system, the appointments are to be made
by Mayor Lynch (Seat # 5) , Commissioner Mouw (Seat # 1) , and
Commissioner Alperin (Seat #2).
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M E M 0 RAN 0 U M
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager [ril
AGENDA ITEM # q L... ,
SUBJECT: - MEETING OF AUGUST 27, 1991
APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD
DATE: August 16, 1991
The terms for Mr. Pompey, Mrs. Healy-Golembe and Mrs. Sloan will
expire on August 31, 1991. In August, 1990, they were appointed
to one (1) year terms on the reconstituted Historic Preservation
Board. All are eligible for and wish to be considered for
appointment to the board. Their applications and resumes are
attached for your review. The term is for two (2) years ending
on August 31, 1993.
The following individuals have also submitted their applications
for consideration:
P. Richard Brautigan
Cecil ( Sandy) Jamison
Clemmer Mayhew
James Miller
Marjorie Miller
Julie Morgan
Dorothy Patterson
Frank Rozzo
Christina T. Wood
The Historic Preservation Board consists of seven members. In
order to qualify, a member shall either be a resident of or own
property in the city and/or own a business in the city. In
addition, it is intended that members of the board will be
persons of knowledge, experience, judgment and background, and
have personal or professional interest or experience in historic
restoration and preservation. Further, that they will have the
ability and desire to act in the public interest and represent,
insofar as possible, the various special personal and
professional interest required to make informed and equitable
decisions concerning the preservation, conservation and
protection of historic districts and structures.
Based upon the rotation system, the appointments are to be made
by Commissioner Mouw (Seat #1) , Commissioner Alperin (Seat #2) ,
and Commissioner Andrews (Seat #3).
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER{Ji I
SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF AUGUST 27, 1991
APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY
DATE: AUGUST 23, 1991
Due to the recent resignation of J. Reeve Bright, there now
exists a vacancy on the Community Redevelopment Agency. The term
is four (4) years, or through July 9, 1995.
Chapter 170.01 (B) (2) states the following, "Any person may be
appointed as a Commissioner if he resides or is engages in
business, which means owning a business, practicing a profession,
or performing a service for compensation; or serving as an
officer or director of a corporation or other business entity so
engaged, within the area of operation of the Agency, which shall
be coterminous with the area of operation of the City, and is
otherwise eligible for such appointmentll.
The following individuals have submitted their applications for
consideration:
Michael Manning
Rosalind Murray
Richard Raab (Presently serving on CEB)
Deborah Wright (Presently serving on Education Board)
Edward A. Zuraw
Based upon the adopted rotation system, the appointment will be
made by Commissioner Andrews (Seat #3).
Recommend the appointment of a member to the Community
Redevelopment Agency to a term ending July 9, 1995.
.
-
[IT' DF DElHAY BEA[H
CITY ATTORNEY'S OFFICE 2(J() "W 1st AVENUE' DEI-RAY IlEACH, FLORIDA 33444
FACSIMILE 4(J7/278-4755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
DATE: August 26, 1991
TO: Alison MacGregor Hardy, City Clerk ~12
FROM:
Jeffrey S. Kurtz, City Attorney ;
SUBJECT: CRA Appointment
A question has risen with respect to the vacancies created by
Reeve Bright's resignation as to which Commissioner would have
the right to appoint Mr. Bright's successor and when such
individual's term would begin. Upon reviewing the local rules
with respect to board appointments it is our office's opinion
that Mr. Bright's resignation creates a vacancy which should be
handled in the same manner as any other vacancies. That being
that the rotation system would continue. Therefore, although
Dr. Alperin's appointment of Mr. Bright was a short duration,
the rules do not contemplate a retention of appointment to Dr.
Alperin, rather it will be rotated. It is therefore
Commissioner Andrews' appointment. As to the length of the
term, it will be four years from the date Mr. Bright's term was
to have begun, not four years from the actual date that the
successor will be appointed.
Should you have any further questions concerning this matter,
please do not hesitate to contact our office.
JSK:
cc City Commission
David Harden, City Manager
Robert Federspiel, Esq.
.-,
. .
CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - AUGUST 27, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M,
COMMISSION CHAMBERS
ADDENDUM NO. 1
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
N. VETERAN'S PARK SHUFFLEBOARD COURTS: Approve the relocation of the
shuffleboard courts at Veteran's Park and approve a Service
Authorization to the contract with Currie Schneider Associates, AlA,
P.A. , in the amount of $5,750 for the preparation of construction
drawings.
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. .
MEMORANDUM
TO: David T. Harden
City Manager
FROM: Joe Weldon
Director of Parks and Recreation
SUBJECT: Veterans' Park Shuffleboard Courts
DATE: August 20, 1991
Attached is the cost estimate ($5,750) for the preparation of
construction drawings for the relocation of shuffleboard courts at
Veterans' Park. You had indicated you would like to proceed with the
relocation of these courts before the busy winter season. In a
computer message on August 8, 1991, the Planning Director indicated
the proper procedure would be to get permission from City Commission
and then the Planning Director can approve a non-impacting site plan
modification. To save time is it possible to place this item on the
August 27th agenda for City Commission approval?
Joe
Dir c and Recreation
JW: j mh
REF:SHUFFLE.DOC
"
. . .
Currie ....rchitects. Planners
Schneider & Interior Desjgrlf'rs
Associates 25 SeJbreele
AlA. PA DelrJ, BeJch. FL
33483
August 19, 1991 407 276-4951 737-2279
305 429-1566
Mr. Joe Weldon
Director Parks and Recreation Department
City of Delray Beach
50 NW First Avenue
Delray Beach, Florida 33444
Re: VETERAN'S PARK
Architect's Project No 90573
Dear Mr. Weldon:
Enclosed for your final review is our updated 100% Design Development submittal incorporating a
clarified preliminary cost estimate and two sets of drawings for the referenced project.
We have also provided the planning department with the same updated information so that they will
authorize the review through SPRAB. Upon the completion of this review and acceptance by the
SPRAB we await the City's approval to proceed with the next phase of the work.
We are also finalizing your proposal request for the preparations of construction drawings for the
relocation of the shuffleboard courts, It is preliminarily estimated that the fee for these services will
be approximately five thousnad seven hundred fifty dollars ($5,750.00) and we are in the process of
preparing the formal submittal for this service authorization.
After examining this information, should you have any further questions, please do not hesitate to
contact this office.
Sincerely,
9URRIE ~C~E~~R ~OCIATES AlA, PA
I.~ "\,,// ..~
V . 1/ l . ---"
Larry ~. Schneider, AlA
Princi al
LMS/ls/dd100.573
FAX: 407/243-8184
AA COO1334
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION
REGULAR MEETING - AUGUST 27, 1991 - 6:00 P.M.
PUBLIC HEARINGS - 7:00 P.M.
COMMISSION CHAMBERS
ADDENDUM NO. 2
THE REGULAR AGENDA IS AMENDED TO INCLUDE:
O. WAIVER OF BID REQUIREMENTS: Waive the automobile liability
insurance requirement from $500,000 to $300,000 for Metra Industries,
Inc" low bidder on the Pineridge Road/Church of the Palms Water Main
Extension project.
P. RELEASE OF CITY LIENS: Consider accepting a payment of $500 to
release all City liens against property located at 401 S,W, 10th
,'Street. City Attorney's Office recommends approval.
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[IT' DF DELIAY BEA[H
CITY ATTORNEY'S OFFICE ~()O,~W is;! A~~~"i~E '_ DELRAY BEACH, FLORIDA 33444
FACSI!\lILL 4(),,_7i347)5 W it ' Di t Li
r er s rec ne
(407) 243-7092
MEMORANDUM
DATE: August 27, 1991
TO: City Commission
FROM: Jeffrey S. Kurtz, City Attorney
SUBJECT: Pine Ridge Road / Church of
Extension Project No. 91-30
This contract was awarded previously to Metra Industries, Inc.
who was the low bidder on the project, having bid $98,823.00.
I have now executed the contract documents and everything is in
order with the exception of their automobile liability
insurance. The contract provisions provide for a minimum limit
of $500,000.00 per occurrence, whereas Metra Industries, Inc.
was only able to secure $300,000.00 worth of coverage. Metra
Industries is limited to the $300,000.00 because they are a new
company, having been incorporated earlier in this year and have
only been able to secure insurance through the Florida Joint
Underwriters Association (FJUA). Through FJUA, the maximum
amount of automobile liability insurance that one can secure is
$300,000.00. Due to the fact that our exposure is for a
limited period of time as the work is to be substantially
completed within ninety (90) days and totally completed within
one hundred and twenty (120) days, and due to the fact that
Metra Industries was approximately $12,000.00 under the second
low bidder, the Engineering Department and the City Attorney's
office are recommending a waiver of the standard insurance
requirements be granted. So as to not further delay this
project, this question is being put before you as an addendum
to the August 27, 1991 meeting.
JSK:ci
pine2.txt
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[ITY DF DELHAY BEA[H
CITY ATTORNEY'S OFFICE 2()() NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
FACSIl\llLE 407 1278A 755 Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: August 26, 1991
To: City Commission
From: Jeffrey S. Kurtz, City Attorney i
Subject: Release of Liens on 401 S.W. 10th Street Foreclosure
Owner: Rosa Scott
Mortgagee: Estate of Alexander A. Simon
David W. Schmidt, Esq. , representing the estate of Alexander A.
Simon, has requested that the City release certain assessments
on the above-referenced property totaling approximately
$2,500.00. The liens that the City has on the property are the
result of Resolution No. 14-87, which was an assessment for a
removal of an unsafe building, and Resolution Nos. 9-88, 3-89
and 15-90, which were assessments for nuisance abatement liens.
There is a first mortgage on the property which would, in all
likelihood, have priority over the City's liens in the event of
foreclosure totaling $12,500.00. Presently, the lot is vacant
and has a value of approximately $7,500; therefore, it is not
in the City's or the estate of Alexander Simon's interest to
foreclose on the property and incur the time and expense of
foreclosure. Therefore, the property owner is willing to give
the mortgagee a deed in lieu of foreclosure, and the estate has
proposed that the City, in consideration of $500.00, release
all of its liens on the property in order to give them clear
title.
It is our office's recommendation that the City Commission
accept such offer and release the liens in exchange for
$500.00.
If you should have any questions concerning this matter, please
do not hesitate to contact our office.
JSK: jw
cc: Ernest Simon, Esq.
scott.txt
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CITY DF DELRAY BEA[H
M E M 0 RAN 0 U M
TO: Jeffrey S. Kurtz, City Attorney
FROM: Sue Morrison, Staff Asst. to City Clerk
SUBJECT: Agenda Item 9P (Addendum No. 2) August 27, 1991
Commission Meeting - Release of Lien on Rosa Scott Property
DATE: August 29, 1991
Pursuant to our telephone conversation this date regarding the correct
address for the Scott property, please provide us with any modified
information you may be preparing.
Tnank you for your cooperation in this matter.
cc: City Clerk
THE EFFORT ALv'JAYS M;.\ITE::RS
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MEMORANDUM
TO: David T. Harden
City Manager
FROM: Mark A. Gabriel, P.E.
Asst. Dir. of Env. Svcs./City Engineer
DATE: August 27, 1991
SUBJECT: EMERGENCY REPAIRS TO 12-INCH WATER MAIN AT
INTRACOASTAL WATERWAY AND S.E. 8TH STREET
The diver who investigated the subject -break reports that a
length of pipe has a 6 to 7 foot longitudinal split in it.
When utility crews attempted to shut the line off on either
side of the waterway, they found the valves to be
inoperable. To make the necessary repairs it will be
necessary to first plug the water main on both sides of the
intracoastal and replace both the broken pipe and valves.
Estimated costs are as follows:
1. Install 2 line stops and 2 new valves = $10,000
2. Repair pipe, valves and fittings = 6,000
3. Repair subaqueous pipeline = 10,000
Total estimated cost $26,000
When repairs are complete, a follow-up memo will be prepared
concerning this event.
MG: mm
File: MGINT827.MRM - Memos to City Manager
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MEMORANDUM
TO: David T. Harden
city Manager
FROM: Mark A. Gabriel, P.E.
Asst. Dir. of Env. Svcs./City Engineer
DATE: August 27, 1991
SUBJECT: EMERGENCY SANITARY SEWER REPAIR ON HOMEWOOD BLVD.
Utility crews during routine operations noted a roadway
failure over an 8-inch sewer line on Homewood Blvd. , south
of Lowson. An inspection was conducted of both the pipeline
and the manhole. The manhole was previously a pump station
wetwell which was converted. Considerable leakage was noted
around the joint between the pipe and structure wall. Also,
a large quantity of sand was found in the bottom of the
structure.
An inspection of the pipeline indicated several places the
clay pipe was cracked. South of the manhole, the first
length of pipe is ductile iron pipe. The connection to the
clay pipe had slipped and was leaking. This pipeline is
approximately 12 to 14 feet deep.
Staff has reviewed this situation and recommends that the
manhole be repaired and that the pipeline be lined.
Estimated costs are:
Repair manhole $25,000
Line pipeline 14,000
Total estimated cost ~9 , 000
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MG: mm
File: MGHMW827.MRM - Memos to City Manager
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERf7- I
SUBJECT: AGENDA ITEM # lOA - MEETING OF AUGUST 27, 1991
ORDINANCE NO, :;4-91
DATE: August 23, 1991
This is a first reading and public hearing on an Ordinance amending
the Land Development Regulations to provide for multi-tenant retail
establishments as a conditional use in the Central Business District
(CBD). As specific development standards are being created for this
type of use which may diminish or detract from the owner of such zoned
property with respect to establishing a "market" use thereon, two
public hearing..; Hill be held in accordance with Florida Statutes
166.041(c) .
This ordinance incorporates direction received at YO'J.r July 16
workshop meeting, and your August 13th regular meeting. The Planning
and Zoning Board at their August 19th meeting deferred action on this
proposed ordinance in light of objections raised by the Community
Redevelopment Agency, Downtown Development Authority, and the
attending citizenry. A joint meeting between the three boards is
scheduled for September 5, 1991. A recommendation will therefore be
presented at second reading and second public hearing of this
ordinance. A detailed staff report is attached as backup material for
this item.
CITY ATTORNEY'S OFFICE TEL No, 407 278 4755 Aug 23,91 14:42 P.02
. [ITY DF DELAAY BEA[H
j
CITY ATTORNEY'S OFFICE 2()U NW 1,\ AVE.!',;t;E . DELRAY BEACH, "TORmA 33444
FACSII\IIl,F 407/27iH755 WcL~.c'. DL~.a' ~Ln.
, (407) 243-7092
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MEMORANDUM
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Date: August 23, 1991
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To: City Commission
From: Jeffrey S. Kurtz, City Attorney . .,~ .,0-':"
Subject: Recommendations for Proposed Market Ordinance
At its August 13, 1991 Commission meeting, the City Commission
instructed statf to provide language within the ordinance that
would require an objective review of traffic impacts resulting
from a market. Oiscussions between the City's Traffic
Engineer, the Planning and Zoning Department, and the City
Attorney's Office followed. The Commission had requested that
an objective review of the traffic impacts be done by the
Countywide Planning Council. Unfortunately, however, the.
Countywide' Planning Council does not review traffic plans.
Moreover, the County Planning Department/Traffic Division which
does have review responsibility, will not review traffic
impacts where there are existing vested rights for development.
Therefore, a different mechanism is proposed. I
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Section 2.4.3(E) of the City's Land Development Regulations
provides for the submission of traffic statements and studies
for various land use applications. Therefore, in addition to
the required submission pursuant to the County's Traffic
Performance ordinance, the applicant for a market will also
have to submit a traffic statement to the city's Traffic
Engineer. A review pursuant to the Countywide Traffic
Performance Ordinance would simply review the impacts a market
would have on major arterial roadways bordering the market. In
order to provide the City with adequate assurance that inter-
sections and other municipal roadways will not be a.dversely
impacted by the market, the City Traffic Engineer will have the
authority to review and require that certain additional traffic
studies be done prior to approval of the cond1 tional use for
'the market. We believe that the inclusion of this requirement
will provide the City with adequate assurances that its road-
ways will be protected, and assure that the traffic impacts
from the market will not further exacerbate traffic problems
within the City. !
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CITY RTTORNEY'S OFFICE TEL No, 407 278 4755 Rug 23,91 14:42 P.D3
City Commission
AU9u5t 23, 1991
Page 2
Our office and the Planning Department are continuing to review
and explore requirements for a market/economic feasibility
study. Due to the complexities involved in such requirements,
it is our office's suggestion that such a requirement be
imposed through the passage of a subsequent ordinance rather
then delaying consideration pf Ordinance 54-91 any further.
JSK:sh
cc: Oavid Harden, City Manager
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CITY ATTORNEY'S OFFICE TEL No, 407 278 4755 Aug 23,91 14:43 P,04
('l<DiNANCE NO. ':04-91
A1'l ORD1NANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY l1tACH, FX.oR!DA, AMF..NDJNG APPF.NDIX A,
"DEFINITION" I SECTION 4. 3.3, "SPECIAL REQUIREMENTS
FOR SPECIFIC USES", SECTION 4.4.9, "GENERAL
COMMERCIAL (GC) DISTRICT", SECTION 4.4.13, "CENTRAL
BUSINESS DISTRICT", OF THE LAND DEVELOPMENT REGULA-
't'tONS OF THE CODE OF ORDIl:tANCBS OF THE CITY OF
DELRAY BEACH, FLORIDA, BY EN~CTING A DEFINITION FOR
THE TERM "I-tARKET" ~ BY PROVIDING RULES AND REGULA-
TIONS C',()VERNING MARKETS WITHIN THE CITi' OF DELRAY
BEACH, FLORIDA, TO PROVIDE FOR MA~ETS AS A CONDI-
TIONAL USE IN THE GENERAL COMMERCIAL, PLANNED
COMMERCIAL, AND CENTRAL BUSINESS DISTRICTS;
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE; PROViDING AN EFFECTIVE DATE.
WHEREAS, the city Commission of the City of Delray Beach has
beeOm(1 concerned wit.h tho proliferation of market.s, bazaars, and flea
ma.x'ket type of ret.ailing, and
WHE~EAS, the City Commi$sion of the city of Oelray Beach has
determined that the market, bazaar, and flea market type of retailing
may have a detrimental effect on property values and the quality of life
for the citizens of Delray Beach unless properly regulated, and
tmERE~S, it is the desire of the City Cornmission of the City
of Delray Beach to establish controls over the development of any
I1lill.kets, baza.ars, and flea markets within it.s city limits.
'NOW THEREFORE, B"~ IT ORDJ\INED BY THE CITY COMMISSION OF THE
:.'1'1',/ OF DELRi\ Y BFI'CH, Jo'LOIU DA, AS FOLLOWS:
i
Section 1. That ~ppel'\di:K 1\, "Definitions", of the Land
7k:V(,;lopmcnt Regulations of t.he city of DelrRY Beach, Florida, be, and
ell!:: $ame is hereby amended to read as follows:
Market: A buil.ding or open space , also known as a bazaar, flea
rnarketc\ or by anot.her name, where new or used items are sold from
lndivi ual locations, with each location being operated by indepen-
dent merchants. Items sold include, but are not limited to,
household i terns, ant iques, rare items, decorations, electronics I
Iood, clothing, and other miscellaneous items.
Section 2. That Chapter 4, "Zoning Regulations", ~rticle 4.3,
"District Requlations, General Provisions", Section 4.3.3, "Special
Requirements for specific Uses", of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beaoh, Florida, be, and the
same is hereby amendeci to read as follows;
(M) Markets:
a A retail sho loor area
in excess 0
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CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Rug 23,91 14:44 P.DS
.Lkl. Tbe ()Pl!1:i-ll::i on of r.etld.l OJ.- 'ii.n~Gt dlscount. sa~cs in
:)(11/ .~~tr.ucl:\t1:e or portion of a stl'uclul'e when:!l.1l the
,'\CGCSS to the stores, stall, or place of businoss is
~,! ia itll lntl!rnal Cc,)llrt or walkway and the gross floor
in ca of a 1.1 businesses there in exceeds 1 ,000 s~are
Tel'.>.t and retail sales i1CC(JUlIt.S fen , at least- 50\ of
fhC'.' use .,rea, int;lu~;ivc of pedestrian pathways and
!.l.is 1<,: s.
.ill Speciul Rcq\J.laU.on Considerations;
(cl,) the time the
Qonditional use
In addition to the
re Sect ion -4 . G. 9 C
(c) Tenants Space; Each separate business location
within the market shall be allocated a tenant space of not
less thatl 600 square feet. Not more than 20 percent of the
functioning businesses within tho mark.et shall have a qros6
rioor area of less than 700 feet. Not more than 40 rercent ot
the functioning businesses wi thin the market sha 1 have a
gn.1SEi floor area of less than 800 square feet.
Exce tion foT. S eclal Dis la" s: l\n cxce tion to
$ubsec ion (2 c) i.s hcreb rovided in urder to accommodate
unique and temporary uses which an~ to be located Wl thin tho
edestI'ian wa s and aisles. This exca ticn shall allow
businesses to be conducted at a cart, k~osk, or s m~ ar
facility, provided, ho.....ever, that such uses shall not number
~nM ter th<.\T1 15 pen'cent of \~hc muobcr of tenant space uses
wi thi.:.r!.. t~}t; market.
(~} .1ul;hitectural Review: The interior of the market
~p,\Ce and the faco. es for each business locat~on or business
"pace within the. market shall be subject to review and
dpprovc,l conmu:rent with consideration of the conditional use
apr~l icat iQ.I}~.
iEJ Pl'blic Information Di!J~lays: Displays of public
information and communit service shall not be sub ect to
.these specia regulation cons aerations.
Sectiun 3. That Chapter 4, "zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.".9, lIGeneral Commercia.l (GC)
Vistrict", Subsection 4.4.9(0), "conditional Uses in Structures
Allowed", of t.he Land Development Regulations of the Code of Ordinances
of the City of Delray Beach, Florida, be, and the same is hereby amended
to read as follows:
2 ORD. NO. 54-91
CITY ATTJRNEY'S OFFICE TEL No. 407 273 4755 Rug 23.91 14:45 F. . \)6
( [\) J?1:i!"1.'l r.l<ilkl~ts..J?ursuant to .5e(~ti.on 4,3.3(.1\11.)
:,t!ction 4. That Chapter 4, "Zoulng Regulations", Article 4.4,
"Base Zoning L'istric:t" , section 4.4.13, "Cent.ral Business District",
bubsection 4.4.13(0), "Conditional Uses in Structures Allowed", of the
Land Development Regulations of the Code of Ordinances of the Ci ty of
Dc 11" ay Beach, 1" lorida, he, and the same is hereby amended to read as
tullows:
(lS) l,1a'l:k.ets PUl:lriUdnt to Section 4.3.3 (1'.1'.)
Section 5. That should any section or provision of this
ordinance or any portion thereof, any paraql'aph, sentence, or word be
declared by a Court of competent jurisdiction, to be invalid, such
decision shall not affect the validi ty of the remaInder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 6. That all ordinances or parts of ordinances in
conflict h€!rewith be and the same are herel:>y repealed.
Section 1, That this o~dinance shall become effective within
ten (10) days of its passage on second and final reading.
?ASSED AND ADOl:'TED in regular seasiol~ on second and final
leading on this day of . 1991,
..- MAY 0 R
A'I"l'ES'j' :
CHy Clerk
First Raad.i.ll'J ___'.
::;,c,,:ond R~ddifl9 -J
:\ Olm. tlCl. 54-91
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C I T Y COM MIS S ION D O"C U MEN TAT ION
TO: David T. Harden, City Manager
FROM: Stan Weedon, Planner II~~\J..-)~t---
SUBJECT: Meeting of August 27, 1991
Ordinance 54-91, Multi-Tenant Retail Uses in
Commercial Buildings
ACTION REQUESTED OF THE CITY COMMISSION:
The action requested of the City Commission is approval
on first reading of a proposed ordinance (54-91)
regulating multi-tenant retail uses in commercial
buildings. The first public hearing held on August 13,
1991 was determined by the City Attorney to have been
improperly noticed, therefore this second first reading
and the second reading (September 10, 1991) have been
properly noticed.
BACKGROUND:
Please refer to the Planning Directors background which was
prepared for the August 13, 1991 City Commission meeting
(attached) .
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board held a public hearing on the
proposed market ordinance (54-91) at their meeting of August
19, 1991. In light of objections raised by the Community
Redevelopment Agency (CRA) and the Downtown Development
Authority (DDA) and that the first reading of the proposed
ordinance will be re-held by the City Commission on August
27, the Board requested that staff schedule a special
meeting for this item. The special meeting will be a joint
meeting of the P&Z Board, CRA and DDA to be held on
September 5th, 1991, at 6:00 P.M. in the first floor
conference room at City Hall.
The CRA has not yet formalized its objections and concerns
with the proposed ordinance. The DDA has transmitted a
memorandum which expresses its concerns and objections and
recommended denial of the ordinance (see attached).
The Planning and Zoning Board felt that the concerns
expressed by both the CRA and DDA at the August 19th meeting
were valid as were those of several citizens who spoke.
Primary concerns with the proposed ordinance are that it is
applicable in the three zoning districts which comprise the
City Commission Documentation
Ordinance 54-91, Multi-tenant Retail Uses
Page 2
.
majority of commercial activities within the City, it is
very restrictive and may inhibit commercial development
and/or redevelopment and that flea markets are currently
permitted in the Planned Commercial (PC) and General
Commercial (GC) districts as conditional uses.
Subsequent to the Planning and Zoning Boards special
meeting, a recommendation will be forwarded by the Board for
consideration by the City Commission at the second public
hearing on September 10, 1991.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: Q~AC~~OR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 13, 1991
ORDINANCE 55-91: ESTABLISHMENT OF USE AND REGULATIONS
FOR MARKETS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an ordinance which amends the LDRs by adding the
specific use of "markets" to the list of conditional uses in
the G.C., P.C., and CBD Zone Districts. It also defines the
use and establishes development regulations for the use.
BACKGROUND:
The topic of multi-tenant retail operations was brought to the
attention of the City Commission through public comment at formal
City Commission sessions. The topic was discussed in worksession
and there appeared to be a consensus to proceed to consideration
of an amending ordinance. Please refer to that documentation for
further background.
The implication of approval is that the use, "markets", may be
considered on a case-by-case basis on any property which is zoned
G.G., P.C. , or CBD. A duly noticed public hearing (adjacent
property owner notification) before the Planning and Zoning Board
is required concurrent with application to a specific property.
Final action regarding use approval rests with the City
Commission.
DETERMINATION:
Pursuant to F.S. 166.041(c), ordinances initiated by the
governing body or its designee which rezone specific parcels of
private real property or which substantially change permitted use
categories require special notice requirements. In this
situation, the use of land for markets is not substantially
different that uses allowed in designated zoning districts.
Further, application of the use will be by a specifically noticed
conditional use procedure. However, it may be argued that the
creation of specific development standards for this type of use
>1 ,~
.
,
City Commission Documentation
Meeting of August 13, 1991 .
Ordinance 55-91: Establishment of Use and
Regulations for Markets
Ppage 2
may diminish or detract from the owner of such zoned property
with respect to establishing aWmarke~'use thereon. Therefore, it
appears appropriate to provide notice in the special manner which
is applicable when more than 5% of the land area of the City may
be impacted by the text amendment.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board will formally review this item at
it's meeting of August 19th and its recommendation will be
provided at second reading.
RECOMMENDED ACTION:
By motion, approval of Ordinance 55-91 on first reading and a
determination that special'notice be provided in compliance with
F.S. 166.041(c)(2) a & b.
Attachment:
* Ordinance prepared by others.
DJK/#85/CCFLEA.TXT
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MEMORANDUM
TO: JASMIN ALLEN
FROM: RON HOGGARD
RE: REVIEW OF PLANNING ITEMS BY eRA
DATE: AUGUST 15, 1991
The Community Redevelopment Agency discussed seven planning items
at its regular meeting of August 15, 1991- The following
comments were made by the CRA regarding these petitions:
DETERMINATION OF SIMILARITY OF USE - DENTAL LABS IN RO DISTRICT
The CRA recommended approval for this item. However, the Board
did have reservations with regard to the potential for noise and
odor associated with this use. In making its determination, the
P & Z Board should consider these factors and make sure that
adequate provisions are contained within the LDR's or other City
regulations to require an applicant to mitigate the impacts.
LDR TEXT AMENDMENT - ESTABLISHMENT OF USE REGULATIONS
The CRA had major objections to the proposed ordinance. These
objections and rationale are as follows:
* The.proposed ordinance includes shopping malls as well as
flea market and bazzar type establishments. The Board
felt that flea markets/bazzars should generally not be
permitted at all within the CBD zoning district while
shopping malls should be permitted. There was some
additional concern on this point as it relates to the
Pineapple Grove area which lies primarily within the CBD
district. The Board felt that some distinction should be
made between a typical flea market operation selling a
variety of new and second hand items (e.g. Delray Swap
Shop) and Artisan shops proposed within Pineapple Grove.
* The proposed ordinance places very restrictive size
requirements on individual businesses within the market.
The Board felt that this is overly restrictive and will
make it impossible to establish the Artisan shops in
Pineapple Grove. Additionally, a conglomeration of small
businesses under common roof is currently under
consideration for a portion of the Peach Umbrella Project
(within GC Zone). In order to succeed, the size of some
of these businesses. may be considerably smaller than that
allowed by the proposed ordinance.
The CRA recommended denial of the ordinance as currently
proposed.
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MEMORANDUM
P & Z ITEMS AT eRA MEETING
AUGUST 16, 1991
LDR TEXT AMENDMENT - PARKING LOTS IN AC ZONING DISTRICT
The CRA recommended approval of this text amendment.
LAKE IDA ROAD CHURCH OF CHRIST
The CRA recommended apporval of the Conditional Use.
POLY NOE ANTIQUES
The CRA recommended approval of the Sit Plan Modification
BRANDY'S WATERSIDE CAFE BOARDWALK
The CRA recommended approval of the Site Plan Modification. The
Board did not share staff's concern over the possibility of
docking boats at the boardwalk. If fact, the Board felt that the
City should encourage the applicant to seek permits to allow
boats to dock here.
SEACREST SHOPPING CENTER
The Board felt that this is an inappropriate location for a food
store. Additionally, the Board recommended that this area be
looked at again with respect to zoning. The allowance of a
30,000+ sq. ft. center at this location was felt to be
inappropriate. The CRA recommended denial of the site plan.
Thanks,
Ron Hoggard, Planner III.
C.
Janet Meeks
Jeff Costello
Paul Dorling
David Kovacs
Chris Brown
RRH/8-15-CRA.TXT
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~1
SUBJECT: AGENDA ITEM # ,~ - MEETING OF AUGUST 27, 1991
ORDINANCE NO. '4 9 - 9 1
DATE: August 7, 1991
This is a first reading and first public hearing of an ordinance
amending the Land Development Regulations to provide for commercial
activities and businesses upon publicly owned lands as a conditional
use in the Community Facilities (CF) zoning district.
This proposed ordinance is in anticipation of a request which would
allow use of public facilities at Veteran's Park for the conduct of a
commercial operation. Although this item is being considered due to
that potential land use request, it would also apply to other public
lands in the CF zoning district throughout the City.
The Planning and Zoning Board at their July 15 meeting recommended
approval.
Recommend consideration of Ordinance No. 49-91 on first reading and
first public hearing.
f~ IS.,. 6A4l
1./ Ie I vc-tL
1m (~~cf)
.
.
il ,
I
ORDINANCE NO. 49-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", SECTION 4.4.21, "COMMUNITY
FACILITIES (CF) DISTRICT", SUBSECTION 4.4.21(0),
"CONDITIONAL USES AND STRUCTURES ALLOWED", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY ADDING A NEW SUB-SUBSECTION 4.4.21(0) (3) TO
PROVIDE FOR COMMERCIAL ACTIVITIES AND BUSINESSES
UPON PUBLICLY OWNED LANDS AS A CONDITIONAL USE,
AND RENUMBERING SUB-SUBSECTIONS 4.4.21(0) (3)
THROUGH 4.4.21(0) (12) AS 4.4.21(0) (4) THROUGH
4.4.21(0) (13)7 PROVIDING A SAVING CLAUSE 7
PROVIDING A.GENERAL REPEALER CLAUSE7 PROVIDING AN I
EFFECTIVE DATE. i
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations" ,
!! Article 4.4, "Base Zoning District", Section 4.4.21, "Community
Facilities (CF) District", Subsection 4.4.21(0), "Conditional
~ j Uses and Structures Allowed", of the Land Development Regulations
I: of the City of Delray Beach, Florida, be, and sub-subsections
i' 4.4.21(0) (3) through 4.4.21(0) (12) are renumbered to 4.4.21(0) (4)
i through 4.4.21(0) (13), and a new sub-subsection 4.4.21(0) (3) is
:j hereby enacted to read as follows:
I! (3) Conduct of commercial activities and businesses of
II
II a permanent nature upon publicly owned lands.
Section 2. That should any section or provision of
I this ordinance or any portion thereof, any paragraph, sentence or
I' word be declared by a court of competent jurisdiction to be
I' invalid, such decision shall not affect the validity of the
;1 remainder hereof as a whole or part thereof other than the part
Ii declared to be invalid.
I
I
I Section 3. That all ordinances or parts of ordinances
which are in conflict herewith be and the same are hereby
repealed.
Section 4. That this ordinance shall become effective
ten (10) days after its passage on second and final reading.
PASSED AND ADOPTED in reqular session on second and
final reading on this the day of , 1991.
I
I
MAYOR I
ATTEST:
City Clerk
First Reading
Second Reading
'"
Con rln u Ei) fo 9/10/91
MEMORANDUM
'l'O: MAYOR AND CITY COMMISSIONERS
1
FROM: CITY fvlANAGER LL}v'!
SUBJECT: AGENDA ITEM # 10 c- MEETING OF AUGUST 27, 1991
REQUEST FOR WAIVER OF THE SIGN CODE/HAMLET SHOPPES
DATE: August 22, 1991
We have received a request from the Hamlet Shoppes located at 4061 W.
Atlantic Avenue for waiver of the Sign Code to erect a 120 square foot
free-standing sign, 16 feet in height in the setback, The Sign Code
provides that the sign face of a free-standing sign located 10 feet
from the property line will not exceed 40 square feet in area, nor be
higher than seven feet.
The Site Plan Review and Appearance Board at their June 19th meeting
approved the sign with the condition that the sign height be reduced
to 16 feet and the width reduced to 12 feet and placed within the
setback with a minimum of 10 feet.
The applicant has attempted to comply with staff's and the Site Plan
RevieVl and Appearance Board's request for a proportionately smaller
free-standing sign, but the size still does not ITIeet code
requirements. Staff therefore, recommends denial of this request.
Recommend denial of a request for waiver of the Sign Code to erect a
120 square foot free-standing sign, 16 feet in height in the setback
for the Hamlet Shoppes.
'Ill
1
.
MEMORANDUM
TO : DAVID HARDEN - CITY MANAGER 'I
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMENT ffrfJ
SUBJECT: SIGN CODE WAIVER- HAMLET SHOPPES
DATE: AUGUST 2, 1991
ITEM BEFORE THE COMMISSION:
- -
Commission consideration of a waiver request for a free-standing
sign which exceeds the code requirements for special setbacks per
Sec. 4.6.7(E) (3) (b).
BACKGROUND:
Hamlet Shoppes, 4061 West Atlantic Avenue, is applying for a
free-standing sign which has a 120-foot sign face, is 16 feet
high and is to be located 10 feet from the property line.
The sign code provides for a free-standing sign to be located 10
feet from the property line provided the sign face does not
exceed 40 square feet in size and 7 feet in height. Therefore,
the applicant is requesting a waiver to the sign code Sec.
4.6.7(E) (3) (b) for both the size and height.
The applicant has attempted to comply with staff's and SPRAB's
request for a proportionately small free-standing sign, but the
size does not meet code requirements. The sign location will be
in a sodded island.
RECOMMENDATION:
We would recommend City Commission denial on the waiver request
to Sec. 4.6.7 (E)(3)(b), and direct the applicant to consider a
sign design meeting code requirements.
LB:DQ
Attachments
d/10
Hamlet.CC
- . 0
0
MINUTES OF THE SITE PLAN REVIEW AND APPEARANCE BOARD
MEETING, JUNE 19, 1991 AT 7:00 P.M.
Members Present Others Present
William Wilsher, Chairman Janet Meeks, Planner
Gene Fisher Nancy Davila, City Horti-
Sam DeOto culturist
Mark Marsh (arrived later) Jeff Costello, Planner
Rett Talbot Paul Dorling, Planner
Jess Sowards
I. The Chairman called the meeting to order at 7:00 p.m.
II. Approval of the Minutes was placed to the end of the meeting.
III. SIGNS
A. Damiano"s Restaurant 91-10963
432 East Atlantic Avenue
Bright Image Inc.
1 Awning Sign
-
Represented by Mark Little. The members discussed the various building
and awning colors on the strip center. (Mr. Marsh arrived). The
awning will be in black. Mr. Fisher moved to approve as submitted.
Seconded by Mr. Sowards. The vote was as follows.:
Jess Sowards Yes
Hark Marsh Abstained
Sam DeOto Yes
Rett Talbot Yes
Gene Fisher Yes
William Wilsher Yes
8. Ramlet Shoppes 91-10902
4061 West Atlantic Avenue
Delray Signs
1 free standing sign
Represented by Mark Gregory. The applicant was requesting a variance
on the required 30' setback. The applicant would like to have the
setback at approximately 13'. The sign will be in beige with blue
outlines and black copy. The members discussed baving the sign
lowered. The members were in favor of granting a variance but stated
the applicant would need to appear before the City Commission. Since
Mr. Gregory felt there was a site visibility problem, Mr. Wilsher
suggested the under side of the trees be trimmed. Also, the sign
proportion was in question. After discussion, Mr. Talbot moved
\
fI
.. ~
MINUTES: Site Plan Review and Appearance Board Heeting
June 19 t 1991
Page 2
to approve the sign for the "Hamlet Shoppes" with the sign height
reduced to 16' and the width reduced to 12' and placed within the
setback with a minimum of 10' and with approval for all tenant panels
to be in 6lack copy with one other color being a red national logo.
Seconded by Hr. Fisher with the vote as follows:
Sam DeOto Yes
Jess Sowards Yes
Rett Talbot Yes
Gene Fisher Yes
Mark Marsh Yes
William Wilsher Yes
C. Linton International Plaza
Linton Boulevard
change of paint color
This item was added to the agenda at the beginning of the meeting. No
representation present. The colors will be' changed to a pinkish beige
by Benjamin Hoore with dark green. There were no objections to the
proposal. Mr. Sowards moved to approve as presented. Seconded by Mr.
DeOto with the vote as follows:
Jess Sowards Yes
Rett Talbot Yes
Gene Fisher Yes
Mark Marsh Yes
Sam DeOto Yes
William Wilsher Yes
IV. PROJECT PLANS
A. Fire Station '1
Between N.W. 5th & 6th Avenues North of Atlantic Avenue
Currie Schneider
Site & Development Plan, Landscaping & Elevations
(Hr. Sowards stepped down and left room.) Represented by Robert
Currie. architect, and Chief Koen. Hrs. Heeks stated that trees have
been removed to allow for apparatus but these trees will be relocated.
The plans are for a two-story building with five (5) bays in the rear
with a depth of 80'. Employees will park in the rear. There is a
courtyard entrance. The roof will be in Spanish "5" tile. Mrs. Meeks
noted the hedge material by the chain link fence needs to be increased
from 2' to 4 1/2' at planting in the rear. Hr. Wilsher requested the
chai~ link to be vinyl coated in black.if possible. It was hopeful the
hedge could be allowed to grow to 6'. The next item was the colors.
The walls will be in beige with a lighter color. for the facia. trim.
and columns by Benjamin Hoore. The roof will be in a blend. The
railin. will be in wrou.ht iron. The next matter was the landscaping.
Hr. H~r5h felt the landscaping was
.
[)r:L~A ~ SIf3~S
1880 SW 2nd STREET
DELRAY BEACH, FLORIDA 33445
(407) 278-9237 ..
ELECTRICAL SIGN CONTRACTORS
MANUFACTURING . INSTAlLATION . SERVICE
CUSTOM SIGN & NEON DESIGN
City of Delray Beach June 1, 1 Q91
100 N.W. 1st Ave
Delray Beach, Fla. 33444
Attn: 8ui Iding Dept.
Ref: Letter of hardship for the ~am!et Shops
Gentalmen,
The owners of the Hamlet Shops are requestina a waiver for the setback of our
prC)')osed sign.
We have a pre-existinq design Droblem with the site clan layout of tris center,
that only allows us a 25'0" landscape area frOM our property line. To ut i I i ze the on I v
location that is approporiate for our sign we wi! J need a reduction in the re-:;uired
set bactl..
In the past we have had to remove two existinq signs(CITIBANK & FA.P~~ STOR~S) to
comoly with the requirements of the bui Iding code. We had done so in aood faith and to
a great hardship to ourselves.
We would appreciate your positive responcs to our request to help us ~rosper i'i
the difficult times.
.
~.JII\.
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. VARlAlICl
REMOVAL ACREEME~T
FOR FUtURE R1CKt OF WA~
KtlOW ^LL HEN flY IllEst PRESENTS:
\JHF.IlEAS, Robert D. weisman, Trustee hereinafter referred
~o as O\o/llet:l()I~ are desirous oE obtaining a sign p.rmit froll the City of
Delray, Florida and
WHEREAS, the olo'Tler~~ do convenant t hilt they a re the fee simp le
oWne~~ of the below described property \l('on ....hich the 8ign will be
constructed and that there are ~~.~ the follo\o/lng~ mortgages, liens or
encumbrances against said property., 823 815 6
Carteret Savings Bank, F.A. Acct. - -
10 Waterview Blvd.
Parsippany, NJ 07054 Attn: Commerc~al Rea~ ~scace uiv.
PROPERTY CONTROl. NUHBER: }2 ~2 '7<:;.,/300 OOcS/~-O
Said propoHty being knolo'Tl as "building site", the ololTler::{lC* hereby agree \o'lth
the City of Delray Beach to reDlOV. at no expense ro the City of Delray Besch,
the above described construction fro~ the ~bove mentioned building site, also
known a9 a poss1ble future right-of-IOay, within thirty (30) days of written _
notice addressed to them or their successor of interest, at 1776 Broadway Ste 1,
Npw York. NY 10019 notifyJng th.lII that uid right-of
\o'ey i~ to be put to use. It 1s agreed by the parties hereto that thl,
. Agreement shall be recorded in the official records of Uelray >>each, Florida,
and that this agreement shall run with the land nnd be binding upon the heirs.
per!llonal representatives, grantees, successors and assigns of the ovner(e).
Siglled, sealed, execute~fgd ackn3wled~-1 ~~ this l~t day
of July . ,,11 .,1 Broa way · ~'~XNew York.
OWNER(S) ~ ~~
~. R ert D. WE"~f"l'liln.. Tr ee
W!TN ES S ES,;.-----f ,...
_.._......._.._..a......u..........a.Dac....~..,.~~~..~..M.......a.~.....23.W
STATE OF ~~R<<New York
COUNTY OF New York
I HEREBY CERTIFY that on this ~ day of July
19 _..i!- ,before lIle personally appeared Robert D. Welsman
~xxxxxxxxxxxxxxxxxxxxxxxxx~ to llIe knololTl to be the perSOnll described
herein and who executed the foregoing illstrument and they Acknowledged to m.
the execut10n thereof to be their ft.. act and deed for the us.s and purposes
therein mentioned.
\.IlTNESS illY signature and offichl seal atl ?76 Broadway Ste. 1700
In the county and Stat. aforesaid, the ay and year last aforesaid.
N y PUB~' ate of Ik~Jt~~*"XU:New Yod
.,_..~ THEODORE C. YARE"'''
~- NolAIY Public. SIll. 0' N... Yotft
. -~-~~
_ tly cOlNllissi n expires: e..~:,~~I:'.~n.:.~:.::O~.IC;":~~~
..g.a........~~....~............a...................._.......................
VARIANCE CONDIT10NS: SubJece free .tandina .1&n(.) may not b. any are.ter
than 20 Iquare reee nor .xc.ed 7 re.t In helahc and Nay be pIeced withln
setback ar... (Not.: The .1&n size ~3Y b. incr....d to 40 square [eet, if
plaeed porthlly (no 1I0U th.n 20 .q. ft. in..t bock) within and without
the ..cback line)
CU M'l'll.OVAL
(Signature) (SLgnature)
(Date) (Dace)
. Disapproval Coawent.:
..... ....
.
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MEMORANDUM
'1'0 : MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER frvl
SUBJECT: AGENDA ITEM # I D 'J:) - MEETING OF AUGUST 27, 1991
ORDINANCE NO, 52-91
DATE: August 22, 1991
This is the second reading of an ordinance which eliminates an
incorrect reference in the City's code. Section 52,83(A) currently
refers to DER Regulation Chapter 17-22; the appropriate cite is
Florida Administrative Code Rule 17-555, This is simply a
housekeeping item.
Recommend approval of Ordinance No, 52-91 on second and final reading,
~~~o
".1'
.
.----
ORDINANCE NO. 52-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER",
SECTION 52,83(A), "BACKFLOW PREVENTION DEVICES; WHEN
REQUIRED; SPECIFICATIONS", OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING A
REFERENCE TO A STATE RULE; PROVIDING A GENERAL
REPEALER CLAUSE, PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 52, "Water", Section 52.83(a) , "Backflow
Prevention Devices; When Required; Specifications", of the Code of
Ordinances of the City of Delray Beach incorrectly references a stuLe
regulation; and,
WHEREAS, the City Commission of the City of Delray Beuch,
Florida, in order to rectify this error in the Code of Ordinances, seeks
to correct the reference.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Sectio~ That Chapter 52, "Water", Section 52.83, "Backtlow
Prevention Devices; When Required; SpecifIcations", subsection 52.83(A),
be and the same, is hereby amended, to read as (ollows:
52.83 Backflow Prevention Devices; 'tlhen Required;
~cificati.ons
(A) No water service connection La any premises shall be
installed or maintained by the water purveyor unless the
water supply is protected as required by state law and
regulation tB7E7 R7 - Regtllat ton - Chapter - i 1-:il:il t li..1 a. Admin,
Code Rule 17-555 i dnd this subchapter. Service of water
to any premises shall be r:iscontinued by the wdter
purveyor if a backflow prevention device required by the
subchapter is not installed, tested, and mainLained, or
if it is found that a backflow prevention device has been
removed, bypassed or if an unprotected cross connection
exists on the premises. Service will not be restored
until such conditions or defects are corrected.
Section 2. 1'hat should any section, or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid,
Secti...9.!L.l..:.. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby re-pealed.
Section 4, That this ordinance shall become effective ten
(10) days from its passage on second and final reading.
.
."
.
_.~--
PASSSD AND ADOPTED in regular sese; ion on second ilnd tlllilt
reading on this the day of ______ 1991 :
--.----- --_.-----------
:., A Y 0 R
ATTEST:
City Clerk------.--
First Hedding ________
Second Redding
2
ORO, NO, 52-91
.
.1 ,~
.. " 2/1] ~~~
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE - ' >\\' Isl ..\\L:---lT . DLLRAY DL\CH. FLORIDA JJ~.J.+
HCSI.\!JI.E 41J;27S-~755
Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: July 12, 1991
TO: Bill Greenwood, Director of Environmental Services
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Ordinance Changing Section 52-83, "Backflow
Prevention Devices; When Returned; Specifications
At the request of Al Monteleone, Superintendent of the water
and sewer network, our office has made a change to Paragraph A
of Section 52.83, eliminating an incorrect reference to DER
regulation Chapter 17-22. The appropriate cite should be to
the Florida Administrative Code Chapter 17-555. There is no
substantive change in the ordinance. This is simply a clean-up
matter.
By copy of this memorandum to David Harden, City Manager, our
office is requesting that this ordinance be placed on an
~g City Commission agenda. I
I
S ci
':'~'#_~
cc < Da..,i!" .. ......c"., . ....r. . .',. . .:i.
'.'.;.,. " .. L~.r:: ,'" -, ,",,"i -- ,... .,.... '.^. '...
Al Monteleone, Superintendent, Water/Sewer Network
,
'I-I'
- ,-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER{'~i
SUBJECT: AGENDA ITEM # I~A - MEETING OF AUGUST 13, 1991
ORDINANCE NO. 52-91
DATE: AUGUST 9, 1991
This is first reading of an ordinance which eliminates an incor-
rect reference in the City's code. Section 52.83(A) currently
refers to DER Regulation Chapter 17-22; the appropriate cite is
Florida Administrative Code Rule 17-555. This is simply a
housekeeping item.
Recommend approval of Ordinance No. 52-91 on first reading.
g/i] ~:,~ ~
( {/:T- "e-
/ "-
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE 2()i! ~,\\' 1s1 ,\VEi\'UE . DELRAY BE/\Cll, FLORIDA 33444
L\CSI~IILE 407/27S.4755
Writer's Direct Line
(407) 243-7091
MEMORANDUM
DATE: July 12, 1991
TO: Bill Greenwood, Director of Environmental Services
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Ordinance Changing Section 52-83, "Backflow
Prevention Devices; When Returned; Specifications
At the request of Al Monteleone, Superintendent of the water
and sewer network, our office has made a change to Paragraph A
of Section 52.83, eliminating an incorrect reference to DER
regulation Chapter 17-22. The appropriate cite should be to
the Florida Administrative Code Chapter 17-555. There is no
substantive change in the ordinance. This is simply a clean-up
matter.
By copy of this memorandum to David Harden, City Manager, our
office is requesting that this ordinance be placed on an
~g City Commission agenda. I
I ,
S ci
cc David Harden, City Manager /'
Al Monteleone, Superintendent, Water/Sewer Network
,
<1.1'
-._._-~---..-
ORDINANCE NO. 52-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER",
SECTION 52.83(A), "BACKFLOW PREVENTION DEVICES; WHEN
REQUIRED; SPECIFICATIONS" , OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, CORRECTING A
REFERENCE TO A STATE RULE; PROVIDING A GENERAL
REPEALER CLAUSE, PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 52, "Water" , Section 52.83(a), "Backflow
Prevention Devices; When Required; Specifications", of the Code of
Ordinances of the City of Delray Beach incorrectly references a state
regulation; and,
WHEREAS, the City Commission of the City of Delray Beach,
Florida, in order to rectify this error in the Code of Ordinances, seeks
to correct the reference.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 52, "Water", Section 52.83, "Backtlow
--
Prevention Devices; When Required; Specifications", subsection 52.83(A),
be and the same, is hereby amended, to read as follows:
52.83 Backflow Prevention Devlces; ''''hen Required;
~cificatjons
(A) No water service connection to any premis8s s ha 11 be
installed or maintained by the water purveyor unless the
\,yater supply is protected l.iS r.:~qu ired by state law and
regulation t8~E~R~ -Regtllatton-ehapter-11-22t ii...~ Admin.
Code Rule 17-555) and this subchapter. Service of water
to any premises shall be cllscontinued by the water
purveyor if a backflow prevention device required by the
subchapter is not installed, tested, and maintained, or
if it is found that a backflow prevention device has been
removed, bypassed or if an unprotected cross connection
exists on the p.remi.ses, Service will not be restored
until such conditions or defects are corrected.
Section 2. 'l'hat should any section, or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
SectJ...9~ That all ordinances or par.ts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10 ) days from its passage on second and final reading.
.
'Ij,
.
- ,----------
-----
PASSSD AND ADOPTED in regular sesc;ion on second and final
reading on this the day of __._.__ 1991.
----------. ----.--------_._--
MAY 0 R
ATTEST:
City. Clel.:k------~-------
Firs t Heading __________
Second Reading
2
ORD, NO. 52-91
.
'I ,~
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~1
SUBJECT: AGENDA ITEM # /0 € - MEETING OF AUGUST 27, 1991
ORDINANCE NO. 53-91
DATE: August 22, 1991
This is the second reading of an ordinance which clarifies the Land
Development Regulations as to the appropriate appeal procedure from
decisions made by the Board of Adjustment and the Board of
Construction Appeals (i.e" all decisions of either board are final i
however, review of any such decision may be sought in the Circuit
Court of Palm Beach County),
Recommend approval of Ordinance No. 53-91 on second and final reading,
~ ~ ati~ S--O
""
ORDINANCE NO. 53-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2,
"ADMINISTRATIVE PROVISIONS", SUBSECTION 2.2,4, "THE
BOARD OF ADJUSTMENT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA; BY ENACTING A NEW PARAGRAPH
2,2.4(D)(6), TO PROVIDE THAT APPEALS FROM THE
DECISION OF THE BOARD OF ADJUSTMENT SHALL BE TO THE
CIRCUIT COURT; AND BY AMENDING SECTION 2.2.5, "THE
BOARD OF CONSTRUCTION APPEALS", BY ENACTING A NEW
PARAGRAPH 2.2,5(D)(4), TO PROVIDE THAT APPEALS FROM
THE BOARD OF CONSTRUCTION APPEALS SHALL BE TO THE
CIRCUIT COURT; PROVIDING A SAVING CLAUSE; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach, Florida, desires to clarify
the Land Development Regulations of the Code of Ordinances of the City
of Delray Beach, to ensure that all appeals from the Board of Adjustment
and the Board of Construction Appeals shall be to the Circuit Court of
Palm Beach County, as was previously required prior to the adoption of
the Land Development Regulations; and,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 2, "Administrative Provisions",
Article 2.2, "Establishment of Boards Having Responsibilities for Land
Development Regulations", Section 2.2.4, "The Board of Adjustment",
subsection 2.2,4(0), "Duties, Powers, and Responsibilities" of the Land
Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended by enacting a new
paragraph 2.2,4(D)(6), to read as follows:
(D) Duties, Powers, and Responsibilities:
(6 ) All decisions of the Board of Adjustment are final. Any
person or persons, or any Board, Taxpayer, Department,
Board, or Bureau of the City may aggrieve any decision of
the Board of Adjustment and may seek review of such
decision in the Circuit Court of Palm Beach County.
Section 2. That Chapter 2, "Administrative Provisions",
Article 2.2, "Establishment of Boards Having Responsibilities for Land
Development Regulations", Section 2.2.5, "The Board of Construction
Appeals", subsection 2.2.5 (D) , "Duties, Powers, and Responsibilities",
of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended, by
enacting a new paragraph 2.2,5 (D) (4), to read as follows:
(D) Duties, Powers, Responsibilities:
(4 ) All decisions of the Board of Construction Appeals are
final, Any person directly affected by the decision of
the Board of Construction Appeals may seek review of such
decision in the Circuit Court of Palm Beach County.
.
>l ,~
Section 3, That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 5, That this ordinance shall become effective ten
(10 ) days after its passage on second and final reading,
PASSED AND ADOPTED in regular session on second and final
reading on this the day of 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
2
ORD. NO. 53-91
.
Cc 11 J,4cr, /f1rt:dy
gl13
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE ZOl) :\W 1,1 AVENUE' DELRAY BEACH, FLORIDA 33444
F.\CSI~lILE:07/278-4755 Direct Line
(407) 243-7091
MEMORANDUM
DATE: July 26, 1991
TO: City Commission
FROM: Susan A. Ruby, Assistant City Attorney
SUBJECT: Appeal of Decisions of the Board of Construction
and the Board of Adiustment -- Ordinance
Our office has drafted the above mentioned ordinance to clarify
the land development regulations as to the appropriate appeal
procedure from decisions made by the Board of Adjustment and
the Board of Construction Appeals. Prior to the enactment of
the land development regulations, the appropriate appeal from
the Board of Construction Appeals and the Board of Adjustment
was to the Circuit Court of Palm Beach County. The land
development regulations, however, require clarification to
ensure that this appellate process is followed. Therefore, our
office has drafted the attached ordinance to so clarify the
land development regulations.
By copy of this memorandum to David Harden, ~ity Manager, our
office is requesting that this ordinance be placed on the next
~ City Commission agenda.
Attachment
cc David Harden, City Manager
Chairman of the Board of Construction Appeals
Anita Barba, Board Secretary/Liaison
'I'"
.
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt~1
SUBJECT: AGENDA ITEM # laB - MEETING OF AUGUST 13, 1991
ORDINANCE NO. 53-9l (APPEAL OF DECISIONS OF THE BOARD
OF CONSTRUCTION APPEALS AND THE BOARD OF ADJUSTMENT)
DATE: AUGUST 9, 1991
This is first reading of an ordinance which clarifies the Land
Development Regulations as to the appropriate appeal procedure
from decisions made by the Board of Adjustment and the Board of
Construction Appeals (i.e., all decisions of either board are
final; however, review of any such decision may be sought in the
Circuit Court of Palm Beach County) .
Recommend approval of Ordinance No. 53-91 on first reading.
.1 ,~
. ~5-o
M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERfYU1
SUBJECT: AGENDA ITEM # 10 F - MEETING OF AUGUST 27, 1991
REQUEST FOR WAIVERS/CURRIE COMMONS PARK
DATE: AUGUST 22, 1991
This item is before you to hold a public hearing on the request for
waivers for Currie Commons Park. The development proposal for this
park includes the construction of an official little league ball
field, soccer field, concession stand, play apparatus area, and
attendant parking. In order to accommodate all of the elements of
the park, parking is proposed to back out onto S.E. 7th and 8th
Streets. A portion of the parking spaces (12 feet) is located
interior.to the property line and the balance within the right-of-
way. As these spaces are on the property line, the required
perimeter landscape treatment cannot be provided.
Additionally, relief from the parking regulations is required because
of the back out parking situation. Normally, relief from the parking
regulations requires a variance from the Board of Adjustment.
However, the proposed back out parking does not result in an unneces-
sary and undue hardship, but is proposed to enhance the development
proposal. Therefore, pursuant to Section 30.15 of the Code of
Ordinances, the Commission has the authority to waive the applicable
provisions.
At its meeting of July 3, 1991, the Site Plan Review and Appearance
Board approved the basic site plan for Currie Commons Park and
recommended approval of the waivers. The Planning and Zoning Board
does not act on requests for waiver. The Planning Department
supports the approval of waivers to allow the back out parking onto
S.E. 7th and 8th Streets and relief from perimeter landscape require-
ments along the north and south property lines for Currie Commons
Park subject to providing the required landscape material within the
swale areas on the north and south sides of S.E. 7th and 8th Streets
respectively.
The perimeter parking areas will be used intensively only on certain
days during the afternoons, evenings and on Saturdays. Furthermore,
the use will be somewhat seasonal. Beyond the parking areas will be
the landscaped park itself. The parking area will not be used
throughout the day like a business parking lot. Nor does the parking
area abut a building like most business lots. For these reasons, I
believe that requiring landscaping materials across the street from
the parking areas is an unreasonable requirement serving little, if
any, useful purpose.
I recommend approval of waivers to allow backout parking on S.E. 7th
and 8th Streets and waiver of the perimeter landscaping requirement
with no additional conditions.
.
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: JANET MEEKS, PLANNER II~
THRU: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 27, 1991
WAIVER OF PERIMETER LANDSCAPE REQUIREMENT ADJACENT TO
RIGHT-OF-WAY AND BACK OUT PARKING FOR CURRIE COMMONS PARK
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of granting
a waiver from provisions of Code Section 4.6.16(H)(3)(a)
(Landscaping]. And;
Granting a waiver from provisions of Code Section 4.6.9 (D) (2)
[Parking] for Currie Commons Park located west of S.E. 2nd
Avenue, between S.E. 7th and 8th Streets.
The request is associated with a site plan modification wherein
the parking spaces are proposed to back out onto the street
system. A portion of the parking spaces (12') are located
interior to the property line and the balance within the
right-of-way. As these spaces are on the property line, the
required perimeter landscape treatment cannot be provided.
BACKGROUND:
At its meeting of July 3, 1991, the Site Plan Review and Appearance
Board approved a basic site plan for Currie Commons Park. The
approval will allow the construction of an official little league ball
field, soccer field, concession stand, play apparatus area and
attendant parking.
In order to accommodate all the elements of the park, the parking is
proposed to back out onto S.E. 7th and 8th Streets. Normally, relief
from section 4.6.9 would require a variance from the Board of
Adjustment. However, the proposed back out parking does not result
in an unnecessary and undue hardship, but is proposed to enhance the
development proposal. Pursuant to the Code of Ordinances Section
30 .l5, the City Commission has the authority to waive provisions of
the code.
Staff supports the requested waivers contingent on the provisions of
providing the required perimeter landscaping in the swale area across
the street from the park.
.
SITE PLAN REVIEW AND APPEARANCE BOARD CONSIDERATION:
At its meeting of July 3 , 1991, the Site Plan Review and Appearance
Board recommended approval of the waivers.
RECOMMENDATIONS:
Approval of waivers / to allow the back out parking onto S.E. 7th and
8th Streets and relIef from perimeter landscape requirements along
the north and south property lines for Currie Commons Park subject to
providing the required landscape material within the swale areas on
the north and south sides of S.E. 7th and 8th Streets respective Ii.
Attachments: Reduced site plan
""
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FRON: CITY MANAGERpM
SUBJECT: AGENDA ITEM # /O-t:- - MEETING OF AUGUST 27, 1991
REQUEST FOR WAIVERS/VETERAN'S PARK
DATE: August 22, 1991
This item is before you to hold a public hearing on the request for
waivers for the Veteran's Park Improvements project, At your July
16th special/workshop meeting the Commission reviewed the sketch plan
for Veteran's Park and approved it conceptually. In order to
accommodate the relocated lift station and shuffleboard courts, a
portion of the existing parking spaces will be removed, New parking
spaces will be provided along the north property line adjacent to N,E,
1st Street. A portion of the parking spaces (12 feet) are located
interior to the property line and the balance within the right-of-way.
As these spaces are on the property line, the required perimeter
landscape treatment cannot be provided,
Additionally, relief from the Parking Regulations is also required
because of the back out parking situation created by the proposed
relocation of the parking spaces. Normally, relief from the Parking
Regulations requires a variance from the Board of Adjustment.
However, the propos~d back out parking does not result in an
unnecessary and undue hardship, but is proposed to enhance the
development proposal. Therefore, pursuant to Section 30.15 of the
Code of Ordinances, the Commission has the authority to waive those
provisions, A detailed staff report is attached as backup material
for this item,
The Planning and Zoning Board does not act on requests for waiver.
Recommend approval of waivers to allow the back out parking onto
N.E. 1st Street and relief from the perimeter landscape requirements
along the north property line [or Veterans Park.
e c nr/nf..{E=O -Iv q /.3/9/ S pEl! /;:J~ tnEE77n, Q.Q Isr ,.I-sm
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: JANET MEEKS, PLANNER II
THRU: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 27, 1991
WAIVER OF PERIMETER LANDSCAPE REQUIREMENT ADJACENT TO
RIGHT-OF-WAY AND BACK OUT PARKING FOR VETERAN'S PARK
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of granting
a waiver from provisions of Code Section 4.6.16(H)(3)(a)
[Landscaping]. And;
Granting a waiver from provisions of Code Section 4.6.9(D)(2)
[Parking] for Veteran's Park located north of Atlantic Avenue,
west of the Intracoastal.
The request is associated with a concept plan wherein the parking
spaces are proposed to back out onto the street system. A
portion of the parking spaces ( 12 ' ) are located interior to the
property line and the balance within the right-of-way. As these
spaces are on the property line, the required perimeter landscape
treatment cannot be provided.
BACKGROUND:
At its meeting of July 16 1991, the City Commission reviewed the
sketch plan for Veteran's Park and approved it conceptually. A
portion of the existing parking spaces will be eliminated in order to
accommodate the relocated lift station and shuffleboard courts. The
proposal is to relocate the parking spaces along the north property
line adjacent to N.E. 1st Street.
Normally, relief from section 4.6.9 would require a variance from the
Board of Adjustment. However, the proposed back out parking does not
result in an unnecessary and undue hardship, but is proposed to
enhance the development proposal. Pursuant to the Code of Ordinances
Section 30.15, the City Commission has the authority to waive
provisions of the code.
RECOMMENDATIONS:
Approval of waivers to allow the back out parking onto N.E. 1st Street
and relief from the perimeter landscape requirements along the north
property line for Veteran's Park.
Attachments: Reduced site plan
. .
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.. ".OB-21-91 02:04PM FROM A. A. SIMON, JR. r02
~ q;~ Q'kI.
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Qt. J.lQ
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August 21, 1991
(IQ,y 1"'-/#.9
i ejt.. (,Q?) J"'-.J"#,J'
I
,
Mr. David Kovacs
City of Delray Beach
100 N.E. 1st Avenue
Delray Beach, Florida 33444
Dear David:
This letter will respond to your Special Courtesy Notice re-
garding the proposed waiver of the Land Oeveloprn~nt Regulations
relating to the parking and landscaping associated with the
redevelopment proposals for Veterans Park that is scheduled to be
on the agenda for the Commission meeting Tuesday, August 27th.
Atlantic Plaza, Ltd., owners of Atlantic Plaza, hereby
sup~ort the waiver and favor the concept plan, including the
par ing spaoes to be located on N.E. 1st street and the removal
of a portion of the spaoes on the existing City parking lot.
The improvements as designed by Currie Schneider are
excellent and well received by Atlantic Plaza, Ltd., and all of
the 22 merchants and office tenants in the Plaza. In fact, they
urge the early approval and the proposed schedule of starting
modifications as soon as possible.
We have prospective tenants that we are trying to attract to
downtown Delray Beach who tell us that the planned changes to
Veterans Park are very much part of their favorable considera-
tion.
. ".~
We urge the approval of this waiver and the initiation of
the modifications as proposed.
exander A. Simon, Jr.
General Partner
AAS; jap
cc; Oelray aeach Chamber of Commerce
CRA
0011.
Council of 100
fl.I'
.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
R/. /1
FROM: CITY NANAGE ...:;v (
SUBJECT: AGENDA I'fEM # l~^ - MEETING OF AUGUST 27, 1991
ORDINANCE NO. 55-91
DATE: August 22, 1991
This is a first reading of an Ordinance amending the Land Development
Regulations to provide for commercial parking lots as a conditional
use in the AC (Automotive Commercial) zone district. Direction
received at your August 13th meeting has been incorporated into this
ordlnance.
The Planning and Zoning Board at their August 19th meeting recommended
denial of this ordinance by a 4 to 2 vote, The Community
Redevelopment Agency at their August 15th meeting recommended approval
of the text amendment, A detailed staff report is attached as backup
material for this item.
p~ 0Y1 ,sr~
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CITY COMMISSION DOCUMENTATION
TO: DAVID HARDEN, CITY MANAGER
~V
FROM: PAUL DORLING, PLANNER II
SUBJECT: MEETING OF AUGUST 27, 1991
ORDINANCE 55-91, PARKING LOTS IN AC ZONE DISTRICT
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of approval
of an ordinance on first reading which amends the LDRs by
adding the specific use of "commercial parking lots" to the
list of conditional uses in the AC Zone District.
BACKGROUND:
The topic of parking use on auto dealership sites was brought to the
attention of the City Commission through correspondence from Borton
Volvo. The topic was discussed in a work session and there appeared
to be a consensus to proceed to consideration by an amending
ordinance. The City Commission discussed the ordinance on first
reading on August 13, 1991, and on the recommendation of the City
Attorney action was deferred to "beef up" the ordinance to include
additional regulations assuring the following:
1) That the commercial parking lots cannot operate as an
independent use, but only accessory to the principle use.
2 That the commercial parking lots not operate during
similar hours as the principle business. This comment
would appear to be more appropriate to other commercial
uses, i.e. restaurant, etc. that are within the GC Zoning
District. Per discussion with Jeff Kurtz, City Attorney,
on August 17, 1991, he is in agreement and will not add
this comment to the AC Ordinance.
DETERMINATION:
Pursuant to F.S. 166.091(c), ordinances initiated by the governing
body or its designee which rezone specific parcels of private real
property or which substantially change permitted use categories
require special notice requirements. In this situation, the use of
land for parking purposes is not substantially different than uses
allowed in AC Zoning~ i.e. automobile dealerships and used car
'1.11
City Commission Documentation
Ordinance 55-91, Parking Lots in A.C. Zone District
Page 2
lots. Further, application of the use will be by specifically
noticed conditional use procedure. Finally, the addition of this
use does not diminish or detract from the owner of AC zoned property
from developing such property. Based upon the above rationale, the
special notice requirements need not apply.
PLANNING AND ZONING BOARD CONSIDERATION:
On August 19, 1991, the Planning and Zoning Board reviewed and
recommended denial of the ordinance on a 4 to 2 vote (FeIner and
Parker descending). The recommendation of denial was based on the
following:
* The ordinance is to broad allowing parking in all AC zones
and is not in the best interest of the City.
* The ordinance will encourage additional patronage of the
Federal Highway flea market.
* The ordinance would set a president to satisfy parking
demands off-site and specifically may further allow
expansion of the flea market, i.e. additional booths as
parking demands currently accommodated on-site would be
accommodated off-site.
* It was inappropriate to create an ordinance amending all
AC Zone Districts to accommodate the request of one
dealership.
CRA CONSIDERATION:
The CRA (Community Redevelopment Agency) reviewed the request at its
formal meeting of August 15, 1991. The CRA recommended approval of
the text amendment.
RECOMMENDED ACTION:
By motion, approval of Ordinance 55-91 on first reading and a
determination that special notice is not required in that the
proposal does not substantially change permitted uses in the AC Zone
District.
Attachment
* Ordinance 55-91 to be Provided by Others
PD\#41\CC55-91.TXT
-II<
. .
- --
ORDINANCE NO. 55-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELAAY
BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS" ,
SECTION 4.4.10, "AUTOMOTIVE COMMERCIAL (AC) DISTRICT",
SUBSECTION 4.4.10(0), "CONDITIONAL USES AND STRUCTURES
ALLOWED" , OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
ADDING A NEW SUB-SUBSECTION 4.4. 10 (D) (8) TO PROVIDE FOR
COMMERCIAL PARKING LOTS AS A CONDITIONAL USE; PROVIDING .r..
SAVING CLAUSE: PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELAAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article 4.4,
"Base Zoning District", Section 4.4.10, "Automotive Commercial (AC)
District", Subsection 4.4.l0(D), "Conditional Uses and Structures
Allowed" , of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended by enacting a new
sub-subsection 4.4.l0(D) (8) to read as follows:
ill Commercial parking lots, so long as such lots are
accessory to an existing legal conforming use, and such
lots are developed and maintained in accordance with Sec.
4.6.9 of the City's Land Development Regulations
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith be and the same are hereby repealed.
Section 4. That this ordinance shall become effective ten (10)
days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
01.11
. I . .1) ,sr /!.PJ-
f~ .Jo I ~
MEMORANDUM 6fl---=----
TO: MAYOR AND CITY COMMISSIONERS
J.
- '1A .
FROM: CITY MANAGER['v I
SUBJECT: AGENDA ITEM # \:LlS - MEETING OF AUGUST 27, 1991
ORDINANCE NO. 57-91
DATE: AUGUST 22, 1991
This is first reading of an ordinance rezoning property located on
the east side of Federal Highway, between LaMat Avenue and Avenue "F"
from PC (Planned Commercial) District to POD (Professional and Office
Distr ict) .
In February 1991, as part of Plan Amendment 91-1, the owner of Lots
1-5, Block 24, Del-Raton Park, sought a change from the
"Transitional" land use designation to "General Commercial". At that
time it was noted that the existing zoning of PC (Planned Commercial)
for Lots 1-5, Block 24, Del-Raton Park, as well as other lots
included in the petition were not consistent with the underlying
future land use designation of "Transitional". At its April 22nd
meeting, the Planning and Zoning Board recommended approval of the
land use change request. At your April 30th special meeting, the
Commission moved to retain the "Transitional" designation.
Subsequently, at your July 9th meeting, the Commission authorized
staff to initiate a zoning change from PC to POD or a zoning district
as allowed under the "Transitional" land use designation. Due to the
restrictions on lot width, depth and minimum lot development sizes,
only two zonipg designations appear to be appropriate: RM (Medium
Density Residential) or POD (Professional and Office District). The
RM designation is appropriate if aggregation of these properties with
those to the east is desired. POD is appropriate if aggregation is
not desired. A determination as to the zoning category deemed most
appropriate or desirable should be made by the Commission.
The Planning and Zoning Board at their August 19th meeting
recommended denial of the rezoning request on a 4-2 vote. The Board
felt it was more appropriate to amend the Land Use Plan to General
Commercial and to increase the depth of commercial properties as
recommended with the Levy Land Use Plan Amendment.
Staff recommends approval of a rezoning from PC (Planned Commercial)
to POD (Professional and Office District) subject to positive
findings with respect to Chapter 3 (Performance Standards) of the
Land Development Regulations, policies of the Comprehensive Plan and
Section 2.4.5 (D) (5). A detailed staff report is attached.
'II>
. .
ORDINANCE NO. 57-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED PC (PLANNED COMMERCIAL) DISTRICT IN
POD (PROFESSIONAL AND OFFICE DISTRICT) : SAID LAND
BEING LOTS 1 THROUGH 5, INCLUSIVE, LESS THE WEST 38
FEET ST ROAD R/W & ABANDONED 10 FOOT ALLEY EAST OF AND
ADJACENT THERETO, BLOCK 24, DEL-RATON PARK, TOGETHER
WITH LOTS 6 THRU 10, INCLUSIVE, LESS THE WEST 38 FEET
ST ROAD R/W AND 10 FOOT ABANDONED ALLEY LYING EAST OF
AND ADJACENT THERETO, BLOCK 24, DEL-RATON PARK,
TOGETHER WITH THE EAST 77 FEET OF LOTS 1 THRU 9,
INCLUSIVE, AND LOTS 10, 11, 12, 26 AND 27, AND THE 10
FOOT ABANDONED ALLEY LYING WEST OF LOTS 10 AND 27,
BLOCK 25, DEL-RATON PARK, ALL AS RECORDED IN PLAT BOOK
14, PAGE 9, OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA: AND AMENDING "ZONING DISTRICT MAP,
DELAAY BEACH, FLORIDA, 1990"; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE: PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the POD
(Professional and Office District) as defined in Chapter Four of the
Land Development Regulations of Delray Beach, Florida, to-wit:
Lots 1 thru 5, Inclusive, less the West 38 feet St.
Road R/W & Abandoned 10 foot alley east of and
adjacent thereto, Block 24, Del-Raton Park, together
with Lots 6 thru 10, Inclusive, less the West 38 feet
St. Road R/W and 10 Foot alley lying east of and
adjacent thereto, Block 24, Del-Raton Park, together
with the East 77 feet of Lots 1 thru 9, inclusive, and
Lots 10, 11, 12, 26 and 27, and the 10 foot abandoned
alley lying west of Lots 10 and 27, Block 25,
Del-Raton Park, all as recorded in Plat Book 14, Page
9, of the Public Records of Palm Beach County,
Florida.
The subject property is located on the east side of
Federal Highway, between LaMat Avenue and Avenue
"F", Delray Beach, Florida.
The above described parcel contains a 1.33 acre parcel
of land, more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
.1.1.
-- -- --- --
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
-2- Ord. No. 57-91
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REZONING OF A PORTION
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C I T Y COM MIS S ION DOCUMENTATION
TO: DAVID HARDEN, CITY MANAGER
FROM: PAUL DORLING, PLANNER II~~ ~
SUBJECT: MEETING OF AUGUST 27, 1991
REZONING FROM PC TO POD OR A SIMILAR ZONING AS ALLOWED
UNDER THE TRANSITIONAL LAND USE DESIGNATION
ACTION REQUESTED OF THE CITY COMMISSION:
The action requested of the City Commission is that of approval
of a rezoning ordinance on first reading. The rezoning is from
PC (Planned Commercial) to POD (Professional and Office
District) or a zoning district as allowed under the
"Transitional" land use designation.
BACKGROUND:
In February, 1991, as part of Plan Amendment 91-1, Mr. Levy (Lots
1-5, Block 24) sought a change from "Transition" land use
designation to "General Commercial". At that time it was noted that
the existing zoning of PC for Lots 1-5, Block 24 as well as other
lots included in the petition were not consistent with the
underlying future land use designation of "Transitional".
On April 22, 1991 the Planning and Zoning Board recommended approval
of the land use change request for Lots 1-5, Block 24 on a 6 to 1
vote while the City Commission on April 30, 1991 denied the request
on a 4 to 1 vote. The City Commission on July 9, 1991 initiated a
zoning change from PC (Planned Commercial) to POD (Professional and
Office Districts) or a zoning district as allowed under
"Transitional" land use designation.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of August 19, 1991. The Board recommended denial of the
rezoning request on a 4-2 vote (Krall and Beer descending). The
Board felt it was more appropriate to amend the Land Use Plan to
General Commercial and to increase the depth of commercial
properties as recommended with Levy Land Use Plan Amendment
considered earlier this year as part of Amendment 91-1.
City Commission Documentation
Rezoning from PC to POD a Similar Zoning as Allowed Under the
Transtional Land Use Designation
Page 2
Discussion with respect to each consistent zoning designation is
contained within the attached staff report. Due to the restrictions
on lot width, depth and minimum lot development sizes only two
zoning designations appear to be appropriate. These include RM
(Medium Density Residential) or POD (Professional and Office
District) . The RM designation is appropriate if aggregation of
these properties with those to the east (similar property owners) is
desired while POD is appropriate if aggregation is not desired.
Please refer to the staff report for further background on the
project and discussion with respect to each consistent zoning
designation.
STAFF RECOMMENDATION:
Recommend approval of a rezoning from PC (Planned Commercial) to POD
(Professional and Office District) subject to positive findings with
respect to Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive Plan and Section 2.4.5
(D) ( 5) .
Attachment
* P&Z Staff Report of August 19, 1991
PD/#41/CCTLU.TXT
..
~LANNING & ZONING BOARD
,
CITY OF DELRAY BEACH . STAFF REPORT ---
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MEETING DATE: August 19, 1991
AGENDA ITEM: IILD.
ITE M: PC to RM and/or POD Lev et al
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GENERAL DATA:
Owner...........................5tanley M. Levy
George R. Paton
Henry and Nanette Colombi
Applicant.......................David T. Harden,
City Manager
City of Delray Beach, Florida
Location........................On the east side of Federal
Highway, between La Mat Avenue
and Avenue "F".
Property Size...................l.69 Acres
City Land Use Plan..............Transitional
City Zoning.....................PC (Planned Commercial)
Adjacent Zoning.................Land to the east of the subject
property 1s zoned RM (Multi-
Family Residential - Medium
Density), land the north and west
is AC (Auto Related Commercial),
and land to the south is PC.
Existing Land Use...............Small retail and service
businesses, and vacant unimproved
land.
Proposed Zoning.................POD (Planned Office Development),
or equivalent zoning which is
allowed under the Transitional IILD.
Land Use Designation of the
Fqtllre Land Use Mao.
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation on a
proposed zoning change from PC (Planned Commercial) to POD
(Planned Office development) or an equivalent zoning which is
allowed under the "Transitional" Land Use designation.
The effected property is located along the east side of Federal
Highway between Tropic Bay Boulevard (LaMat) and the Ralph Buick
dealership. The lots are described as Block 24 lots 1-5 (Levy) ,
Block 24 lots 6-10 (Paton) and the abandoned 10' alley east of
these lots, along with Block 25, lots 1-12, 26 & 27 and the 10'
alley east of lots 1-12(Colornbi).
BACKGROUND:
Prior to June, 1989, the subject property was in unincorporated
Palm Beach County. The Planning and Zoning Board, during the
Enclave annexations, recommended approval of the annexation and
initial zoning for the property as part of Enclave 50 on June 19,
1989. At that time an alternative zoning for the above lots of
either (GC) General Commercial or (SC) Specialized Commercial was
presented. The (SC) alternative was advertised in anticipation
of requests from the property owners of lots 1-10 Block 24 to
retain the potential for auto related uses as was the previous
use of the property (Auto Ranch).
Pursuant to the Comprehensive Plan the Future Land Use Element
Policy A2.4 restricted the use of the site for auto dealerships,
unless the site was zoned and being used as an auto dealership.
At that time the property was unoccupied and a staff
recommendation for GC was put forth. The Planning and Zoning
recommendation of GC for all of the lots included in this
petition was forwarded and approved by the City Commission via
Ordinance 38-89 on July 25, 1989.
Upon annexation on July 25, 1989 the GC zoning designation was
consistent with the then "commercial" land use designation. A
"transitional" land use designation was affixed to the property
with the adoption of the Future Land Use Map on November 28,
1989. At this time the GC zoning designation became inconsistent
with the "transitional" land use designation. In September, 1990
zoning changes City-wide were implemented to bring the zoning map
consistent with the Land Use Map. At this time the zoning
designation for the lots was changed from GC to PC. Properties
abutting Federal Highway directly to the south were also rezoned
to PC. However, neither GC or PC zoning designations are
consistent with the current "transitional" land use designation.
P&Z Staff Report
Rezoning from PC to RM and/or POD
Page 2
In February of 1991, as a part of Plan amendment 91-1, Mr Levy
(Lots 1-5 Block 24) sought a change from "Transitional" land use
designation to "General Commercial". At that time it was noted
that the existing zoning of PC for lots 1-5 block 24
as well as other lots included in the petition were not
consistent with the underlying future land use designation of
"Transitional".
On April 22, 1991 the Planning and Zoning Board recommended
approval of the land use change request for Block 24 lots 1-5 on
a 6 to 1 vote while the City Commission on April 30, 1991 denied
the request on a 4 to 1 vote. The City Commission on July 9,
1991 initiated a zoning change from PC (Planned Commercial) to
POD (Professional and Office District) or a zoning designation
allowed under "transitional" land use designation of similar
intensity. This is the petition before you.
PROJECT DESCRIPTION:
The properties being rezoned are owned by three property owners,
(Levy) Block 24 lots l-5, (Paton) Block 24 lots 6-10 and
(Colombi) Block 25 lots 1-12, 26, 27. Lots 1-10, Block 24 are
currently vacant and contain an asphalted area previously
utilized for the "Auto Ranch" use. Lots 1-4, (Block 25) contains
a spa/pool/dive supply retail use, lots 26 and 27 (Block 25) the
spa supples parking lot, Lot 5 (Block 25) an insurance office
use, lots 6-9 (Block 25) a pawn shop, Lot 10 and 11 (block 25) a
Park Avenue Limousine use, and Lot 12 ( Block 25) is currently
vacant. The RM property east of these lots to Frederick
Boulevard are also owned by the above three property owners.
COMPREHENSIVE PLAN ANALYSIS:
Land Use Analysis:
The current land use designation for the site is "Transitional".
Pursuant to the Future Land Use Map two types of transitional
land use exist, "Medium Density Residential Transitional" and
"Commercial Transitional".
Transitional - Medium Density Residential is applied to land
which is developed, or is to be developed, at a density between
five and twelve units per acre. These uses include mobile home
parks and apartment development in addition to condominiums.
Continuing Care Facilities, A.C.L.F.s, and various types of group
homes are appropriate under this designation. In some instances
this designation provides for a transition between less intensive
residential use and commercial uses.
P&Z Staff Report
Rezoning from PC to RM and/or POD
Page 3
Transitional - Commercial is applied to land which is developed,
or is to be developed, for nonresidential purposes but at an
intensity equivalent to that associated with medium density
residential land use. In some instances this designation
provides for a transition between less intensive residential use
and commercial uses.
In other instances, this designation allows the establishment of
uses which are compatible with adjacent residential uses. While
in others, it provides for a use which is. not as intensive as
general commercial in areas where residential use is not
desirable and/or appropriate.
The specific type of transitional land use is controlled by the
underlying zoning designations. However, the current zoning
designation for all Lots (PC) is not consistent with either type
of transitional land use designation (see discussion under zoning
analysis).
The surrounding Land Use Map designations to the north, west, and
south is General Commercial, and transitional to the east. The
existing land uses are Automotive Dealerships to the north (Ralph
Buick) ; and (Delray Toyota) west across Federal Highway; , to the
east a combination of vacant lots and single family homes and to
the south commercial uses.
The Housing element of the Comprehensive Plan has designated the
area as a housing redevelopment area. However the Land Use Plan
doesn't designate the area as one of the "redevelopment area" .
Therefore thought there is an enthuses on housing mixed uses are
not precluded by virtue of the transitional land use designation.
The following Comprehensive Plan, Goals, Objectives and Polices
apply to this proposal:
Land Use Objective AI:
Vacant property shall be developed in a manner so that the future
use and intensity is appropriate in terms of soil, topographic,
and other applicable physical considerations, is complementary to
adjacent land uses, and fulfills remaining land use needs.
The proposed zoning change would allow for development of
less intense use than those commercial uses which exist to
the north, south, and west, as well as those which could be
developed under the current zoning of (PC). The less intense
office or similar intensity uses would provide a transition
area for residential uses to the east.
11.1,
P&Z Staff Report
Rezoning from PC to RM and/or POD
Page 4
Land Use Policy A-l.3:
Additional strip commercial zoning on vacant land shall be
avoided. This policy shall not preclude rezonings on land that
at the time of rezoning has improvements on it. Where existing
strip commercial uses or zoning exist along an arterial street,
consideration should be given to increasing the depth of the
commercial zoning in order to provide for better project design.
The current depth of the commercial parcels lends itself to
strip commercial uses. With a change of zoning from a
commercial designation this potential will be removed. The
City Commission did review a Land Use designation change
(Levy) Lots 1-5, Block 24 with 91-1 which would have
increased commercial property depth. On April 30, 1991 they
denied the request.
Land Use Policy A-5.6
For each item acted upon by the Local Planning Agency, the
revised land use regulations shall require that the LPA make
specific findings as to:
* consistency with the Future Land Use Map and its supporting
policies.
* internal consistency with other elements of the
Comprehensive Plan.
* concurrency pursuant to Policy B-2.2 of the Land use
Element.
* other items as they apply to the level of decision being
made and corresponding principles and practices of urban
planning.
These requirements have been included in the LOR's and, and
Required Fundings of Section 3.1 states the zoning must be
consistent with the land use designation.
Capital Improvement Policy A-7.1:
A finding of consistency shall not be made if the zoning
designation for the project is not consistent with the
designations on the Future Land Use Map, and its supporting
policies. A finding of consistency shall not be made if the
project will not meet the test of concurrency pursuant to Policy
A-3.6 of this element. A finding of consistency may be made even
though the project will be in conflict with some individual
policy statements contained within the Plan; provided that the
LPA finds that the beneficial aspects of the project (hence
implementation of some policies) outweighs the negative impacts
of the identified points of conflict.
P&Z Staff Report
Rezoning from PC to RM and/or POD
Page 5
Neiqhborhood Task Team:
An Ad Hoc Committee was appointed by the City Commission with a
goal to review 17 specific neighborhoods. These neighborhoods
were analyzed against policies contained within the Housing
elements and formal recommendations were presented to the City
Commission. Neighborhood #16 included property from Avenue F
south to Avenue H between Federal Highway and Florida Boulevard,
which includes the subject lots. The Task Team recommended the
following for this neighborhood:
* That the residential character of the area be
maintained and the zoning be changed to RM to
accommodate multi-family residential development such
as townhouses.
* Code Enforcement activity is needed to address
overgrown vacant lots within the area.
* That commercial establishments on Federal Highway, the
Car Rental, 7-Eleven, Discount Lighting, all refurbish
building exteriors, upgrade landscaping and provide a
wall to separate the commercial from the residential
area.
These recommendations were contained within the Final Task Team
report which was recommended for approval by Planning and Zoning
Board on February 25, 1991, and was accepted as the final report
by the City Commission on March 13, 1991.
ZONING ANALYSIS:
The current zoning designation for Lots 1-10 Block 24 and Lots
1-12 and lots 26 & 27 of Block 25 is PC (Planned Commercial)
The PC designation appear to have been affixed to the parcels in
September, 1990 as a drafting error resulting from a failure to
check closely the zoning designations against the Future Land Use
Map. The above parcels appear to be an extension of the PC areas
which exist to the south yet have a consistent Commercial Land
Use designation.
The PC zoning is applied to properties designated as commercial
on the Future Land Use Map where unified development is, or will
be, in excess of five acres; or when it is appropriate to
preserve the character of certain speciality retail and office
centers: or to ensure that certain high visibility areas are
attractively developed. The PC zoning also requires that any free
standing structure shall have a minimum floor area of 6,000
sq. ft. further encouraging aggregation of smaller commercial
properties. Given the size of individual lots 25' x 87' and 25'
x 115', multiple land owners, as well as the inconsistency with
the "transitional" land use designation the existing zoning
designation of PC is inappropriate.
III.
P&Z Staff Report
Rezoning from PC to RM and/or POD
Page 6
The Zoning districts which are consistent with the current
"Transitional Commercial" land use designation are:
- Residential Office (RO)
- Neighborhood Commercial (NC)
- Planned Office Center (POC)
- Community Facilities (CF)
- Professional and Office District (POD)*
- Medium Density Residential (RM)
- Mobile Home Parks (MH)
* This district is being added via comprehensive plan
amendment 91-1
** Medical, Office & Institutional (MOI) is listed as
consistent in the Comprehensive plan but is removed pursuant
to 91-1 Comprehensive Plan amendment
Residential Office (RO):
The residential office district provides for a mixed use of a
neighborhood office and residential nature. The RO district is
appropriate as a transitional land use between commercial areas
and residential areas, an incentive zoning in older residential
areas , or to accommodate professional offices which will serve
the nearby neighborhoods.
All uses in this district will require all buildings and
structures to be residential in character regardless of the
actual use. The district further requires a minimum lot width of
80', a minimum depth of 100' and an 8,000 minimum lot size.
Given the location and size of the lots along with the mixed use
requirements (residential component) this zoning designation is
not appropriate for these parcels.
Professional Office District (POD):
This zoning designation is created to provide a very limited
application of Professional, office, and similar intensity uses
to transitional land use categories thus mitigating against
adverse effects which may occur with higher intensity
applications of such usage. This district has no minimum lot
sizes, width, or depth. This district would accommodate
development of these lots with office uses.
Neighborhood Commercial (NC):
This zoning district provides the opportunity to locate limited
retail and service uses orientated to neighborhood uses. The NC
district may be located in transitional land use areas where
nonresidential use is appropriate for the location. This
P&Z Staff Report
Rezoning from PC to RM and/or POD
Page 7
district contains a one ( 1 ) acre minimum lot size, 100' minimum
lot width, 200' lot depth and a 4,000 square foot minimum
building size. The existing lots do not accommodate these
required minimums. Further, if NC zoning was applied to these
lots, given there size and width, the resulting commercial
development would be strip commercial in conflict with the Land
Use Policy A.1.3.
Planned Office Center ( POC) :
The Planned Office Center District provides for the concentration
of office and support uses in a well planned and managed
environment. It is not intended that the district be for
commercial activities in which commercial activities goods and
merchandise are stored, displayed, or sold except as appropriate
to meet the needs of uses of the POCo The POC district has a 1
acre minimum lot size, 3 acre minimum development size and a
4,000 sq. ft. minimum building size. Given these restrictions
this zoning district is not appropriate.
Community Facilities ( CF) :
The Community Facilities is a special purpose zone district
primarily intended for facilities which serve the public and
semipublic purposes. This is a site specific zoning
designation for existing or proposed facilities and is therefore
an inappropriate zoning designation.
Medium Density Residential (RM):
The medium density residential district provides a residential
zoning district with flexible density having a base of six ( 6 )
units per acre and a range to twelve (12) units per acre. Given
the depth, width and location of the lots, a zoning designation
of RM would be inappropriate. However, if aggregation of these
lots with properties to the east is desired, this would be an
appropriate zoning designation. It is noted that the properties
to the east are RM and are of similar ownership.
Pursuant to Section 2.4.5(D) with a zoning change application
traffic information which addresses the development of the
property under reasonable intensity pursuant to existing and
proposed zoning is requested. The following information has
been prepared by the Cities Traffic Engineer and represents
maximum development densities for each zone district. It is
noted that both PC and NC have minimum building square footages
of 6,000 sq. ft. and 4,000 sq. ft. which cannot be accommodated on
Lots 1-5 and 6-10. However, maximum development potential is
provided for comparison purposes.
III'
P&Z Staff Report
Rezoning from PC to RM and/or POD
Page 8
Property PC NC POD POC RM RO
( 1 ) ( 1 ) (3) ( 3 ) ( 5) (7 )
Blk 24 Lt 1-5 2273(TPD) 2273(TPD) 160(TPD) 160(TPD) 12
Levy
( 1 ) ( l) ( 3) ( 3 ) (5) (7)
Blk 24 Lt 6-10 2273(TPD) 2273(TPD) 160(TPD) 160(TPD) 12
Paton
( 2) (2 ) ( 4 ) ( 4) (6 ) ( 7 )
Blk 25 Lt 1-12 3536(TPD) 3536(TPD) 513(TPD) 513(TPD) 98
26,27
Colombi
( 1 ) Based on 2,800 sq. ft. Convenience Store with Gas Pumps
(2 ) Based on 4,000 sq. ft. Convenience Store with Gas Pumps and
a 7,094 sq.ft. Strip Commercial Center
( 3) Based on 6,500 sq. ft. General Office Building
( 4 ) Based on 26,000 sq. ft. General Office Building
( 5 ) Based on 2 Residential Units
(6 ) Based on 8 Residential Units
( 7 ) Due to the Mixed Use nature of RO traffic generation rates
will be between those of RM and POD/POCo
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the
approval of development applications, certain findings must be
made in a form which is part of the official record. This may be
achieved through information on the application, the Staff Report
or Minutes. Findings shall be made by the body which has the
authority to approve or deny the development application. These
findings relate to the following four areas.
Future Land Use Map:
(The use or structures must be allowed in the zoning district and
the zoning district must be consistent with the land use
designation).
A proposed use has not been provided at this time. The
zoning district under consideration are all consistent
with the "Transitional" land use designation.
Concurrency:
Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a
Certificate of Occupancy. These facilities shall be provided
pursuant to levels of service established within the
P&Z Staff Report
Rezoning from PC to RM and/or POD
Page 9
Comprehensive Plan. For sewer and water, concurrency shall mean
that direct connection to a functioning municipal system is made.
For streets (traffic), drainage, open space (parks), and solid
waste, concurrency shall be determined by the following:
* The improvement is in place prior to issuance of the
occupancy permit;
* The improvement is bonded, as part of the subdivision
improvements agreement or similar instrument, and there a
schedule of completion in the bonding agreement;
* The improvement is part of a governmental capital
improvement budget; it has been designed; and a contract for
installation has been solicited.
Water:
Water is available from an 8" main within Tropic Bay Boulevard
( LaMa t) . Future development will require extension of the 8"
main from LaMat north to the north property lines. Fire hydrants
along this main must also be provided.
Sewer:
Sewer is available within Tropic Bay Boulevard ( LaMa t) . Future
development will require sewer main extension north from Tropic
Bay Boulevard.
Drainage:
Drainage must be accommodated on-site either through swale areas,
exfiltration trenches or a combination of both.
Streets and Traffic:
Traffic information has been provided with the application. As
we do not have a specific development proposal, worse cause
scenarios were used to calculate potential traffic impact
differences between the development potential under the existing
and proposed zoning districts. The traffic information notes a
potential of between 2273 and 3536 trips from the current zoning
and a potential of from 12 and 98 TPD to 2273 and 3536 TPD for
the potential zoning districts. (See traffic graph.)
Parks and Open Space:
Park dedication requirements do not apply for nonresidential
uses. Open space requirements are a function of Section
4.6.4(A){District boundary) and Section 4.6.16(H)(3)(perimeter
requirements), Section 4.6.16(E) (Internal landscape
requirements) as well as Section 4.3.4.(H)(6)(b) (Special
~I I'
P&Z Staff Report
Rezoning from PC to RM and/or POD
Page 10
Landscape Setbacks). These requirements must be met with future
development proposals.
Solid Waste:
As we do not have a specific development proposal no concerns
with respect to solid waste can be addressed at this time.
Consistency:
Compliance with the performance standards set forth in Section
3.3.2, along with the required findings in Section 2.4.5, shall
be the basis upon which a finding of overall consistency is to be
made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in making of a finding of overall
consistency. The applicable performance standards of Section
3.3.2 and other policies which apply are as follows:
A) Performance Standard 3.3.2(A) states that a rezoning to
other than CF within stable residential areas shall be
denied.
All lots are not located within a stabilized
neighborhood and the above is therefore not applicable.
B) Performance Standard 3.3.3(C) states: Additional strip
commercial zoning on vacant properties shall be avoided.
This policy shall not preclude rezonings on land that at the
time of rezoning has improvements on it. Where existing
strip commercial areas or zoning exists along an arterial
street, consideration should be given to increasing the
depth of the commercial zoning in order to provide for
better project design. (LU A - 1. 3 )
Given the size and depth of the lots any commercial zoning
designation would promote establishment of strip commercial
uses.
C) Performance Standard 3.3.2(D) states: That the rezone shall
result in allowing land uses which are deemed compatible
with adjacent and nearby land use both existing and
proposed; or that if an incompatibility may occur, that
sufficient regulations exist to properly mitigate adverse
impacts from the new use.
The rezoning would allow a transitional land use
designation between commercial uses along Federal
Highway and transitional residential uses to the east.
It could be argued that the transitional nature of the
neighborhood west of Frederick Boulevard makes
Frederick Boulevard a more appropriate border between
commercial and residential districts.
P&Z Staff Report
Rezoning from PC to RM and/or POD
Page 11
Adjacent property compatibility can be enhanced through
application of specific regulations of Section
4.6.4.(A) (District separation requirements) and 4.6.16
(H) (3) (e) (perimeter landscape requirements). These
include:
Pursuant to Section 4.6.4(A)(1) (Commercial zoning
Adjacent to Residential Zoning) where the rear or
side of commercially zoned property directly abuts
residentially zoned property without any division
or separation between them, such as a street,
alley, railroad, waterway, park, or other public
open space, the commercially zoned property shall
provide a ten foot building setback from the
property line located adjacent to the
residentially zoned property. In addition, either
a solid finished masonry wall six feet in height,
or a continuous hedge at least 4-l/2 feet in
height at the time of installation, shall be
located inside and adjacent to the portion of the
boundary line of the commercially zoned property
which directly abuts the residentially zoned
property.
Pursuant to Section 4.6.16 (H) (3) (e) (Landscape
requirements) where any commercial area abuts a
residential Zoning District or properties in
residential use, one tree shall be planted every
25' to form a solid tree line.
LOR Compliance:
Pursuant to Section 2.4.5 (D)(l), a justification statement
providing the reason for which the change is being sought must
accompany all rezoning requests. The code further identifies
certain valid reasons for approving the change being sought.
These reasons include the following:
* That the zoning had previously been changed, or was
originally established, in error;
* That there has been a change in circumstance which
makes the current zoning inappropriate;
* That the requested zoning is of similar intensity as
allowed under the Future Land Use Map and that it is
more appropriate for the property based upon
circumstances particular to the site and/or
neighborhood.
10.10
P&Z Staff Report
Rezoning from PC to RM and/or POD
Page 12
Pursuant to Section 2.4.5(d)(5), the City Commission is required
to make a finding that the petition will fulfill one of these
reasons.
The applicable reason for this zoning change was that the zoning
was originally established in error. The PC designation appears
to have been applied to these parcels as an extension o~ the PC
zoning designation to the south.
REVIEW BY OTHERS:
The development proposal is not in a geographic areas requiring
review by either the (HPB) Historic Preservation Board, DDA
(Downtown Development Authori ty) , or the CRA (Community
Redevelopment Agency).
Special notice has been provided to the Tropic Palms Homeowners
Association (TPHA). As of this writing there has not been a
formal response from TPHA.
ASSESSMENT AND CONCLUSIONS:
It is acknowledged that the current zoning has been affixed to the
property in error. The current (PC) zoning designation is
inconsistent with the underlying "transitional" land use
designation. Therefore, pursuant to the policies with in the
Comprehensive Plan and Section 3.1.1(A) of the LDR's the zoning
designation must be consistent with the Future Land Use Plan.
This can be achieved either through amendment of the Future Land
Use Map or the Zoning Map. The City Commission has recently
denied a Land Use designation change for a portion of the
properties which would have been consistent with the PC district.
This factor, along with Land Use Element Policy A-l. 3 which
discourages strip commercial zoning, and an expressed desire of
the City Commission to aggregate properties in this area would
make a change in land use designation to be consistent with PC
zoning inappropriate. Therefore, a zoning change would be
required to achieve consistency between the plans. Each
consistent zoning designation has been discussed and if
aggregation of the properties with properties to the east is
desired RM zoning is appropriate. If aggregation is not desired
POD (Professional and Office District) is appropriate.
ALTERNATIVES:
A. Continue with direction.
B. Recommend denial of the rezoning request based upon a
failure to make a positive finding with respect to Chapter 3
(Performance Standard) and a failure to fulfill one of the
reasons established under Section 4.4.5(D)(5).
P&Z Staff Report
Rezoning from PC to RM and/or POD
Page 13
C. Recommend approval of the proposed zoning change to an
appropriate designation as an allowed under the
"transitional" land use designation.
STAFF RECOMMENDATION:
Recommend approval of a rezoning from PC (Planned Commercial) to
POD (Professional and Office District) subject to positive
findings with respect to Chapter 3 (Performance Standards) of the
Land Development Regulations, polices of the Comprehensive Plan
and Section 2.4.5(D)(5).
PD/#41/LEVYRE1.TXT
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
I
FROM: CITY MANAGER l-l /t (
SUBJEcrr: AGENDA ITEH # I a Co - MEETING OF AUGUST 27, 1991
ORDINANCE NO. 58-91
DATE: August 22, 1991
This is a first reading of an ordinance correcting the zoning
classification for a parcel of land located on the south side of
Atlantic Avenue between Dover Road and Military Trail (Hamlet
Subdivision) from R-1-AA (Single Family Residential) to R-1-A (Single
Family Residential) and correcting the Official Zoning Map.
This ordinance corrects a Scrivener's error.
Recommend approval of Ordinance No. 58-91 on first reading.
(p ql,olql
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- f 11- I
C I T Y COM MIS S ION DOC U MEN TAT ION
TO: T. HARDEN, CITY MANAGER
wjJkuc~
FROM: ID J. VACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 27, 1991
CORRECTION ORDINANCE, ZONING MAP - HAMLET SUBDIVISION
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance correcting the
Official Zoning Map.
The affected property is that portion of the Hamlet which is
shown as R-1-AA. The correct zoning is R-1-A.
BACKGROUND:
This error in the Official Zoning Map came to the attention of
City officials when an application for a building permit was
made. The pre-LDR zoning was R-I-A. The zoning map advertised
showed R-1-A zoning. There was no action taken or directive
which would have resulted in a change.
Apparently, when the golf course portions of the Hamlet were
changed to Open Space on the first official copy of the zoning
map the draftsman - when changing the lettering for the single
family portion - replaced the R-1-A letters with R-1-AA. This
may have occurred since changes were being contemplated to the Del
Aire Subdivision (which is zoned R-1-AA) at the same time.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board does not review this item in that
it is clearly a clerical error.
RECOMMENDED ACTION:
By motion, approval of this correcting ordinance
Attachment:
* Ordinance prepared by others
REF/DJK#84/CCHAM.TXT
'1.1'
.
-
ORDINANCE NO. 58-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR LAND LYING AND BEING IN SECTION 13,
IN PART, AND SECTION 24, IN PART, TOWNSHIP 46 SOUTH,
RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, FROM R-lAA
(SINGLE FAMILY RESIDENTIAL) DISTRICT TO R-IA (SINGLE
FAMILY RESIDENTIAL) DISTRICT; SAID LAND IS LOCATED ON
THE SOUTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN
MILITARY TRAIL AND DOVER ROAD: AND CORRECTING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1990"; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is shown as being zoned R-1AA
(Single Family Residential) District on the Zoning District Map of the
City of Delray Beach, Florida, dated October 1, 1990: and,
WHEREAS, a review of City records indicates that such zoning
classification was inadvertently applied to said property: and,
WHEREAS, this error has been brought to the attention of the
City and it is appropriate that the Zoning District Map of the City of
Delray Beach, Florida, dated October 1, 1990, be corrected to reflect
the proper zoning classification of R-1A (Single Family Residential)
District: and,
WHEREAS, this matter was considered by the City Commission at a
public hearing and it was determined that the R-1AA (Single Family
Residential) District zoning classification was, in fact, inadvertently
applied to the subject property,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DEL RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray
Beach, Florida, dated October 1, 1990, be, and the same is hereby
corrected to reflect a zoning classification of R-1A (Single Family
Residential) District for the following described property:
The Plat of Evergreene as recorded in Plat Book 33,
Pages 150 and 151, Palm Beach County records, and
The Plat of Foxpointe as recorded in Plat Book 32,
Pages 107 and 108, Palm Beach County records, and
The Plat of Bougainvilla as recorded in Plat Book 32,
Pages 56 and 57, Palm Beach County records, and
The Plat of Fox Hollow as recorded in Plat Book 47,
Pages 106 and 107, Palm Beach County records, and
The Plat of The Estates as recorded in Plat Book 38,
Pages 61 and 62, Palm Beach County records, and
The Plat of The Estates II as recorded in Plat Book
39, Pages 97 and 98, Palm Beach County records, and
The Plat of The Estates III as recorded in Plat Book
40, Pages 64 and 65, Palm Beach County records, and
The Plat of Kramers as recorded in Plat Book 64, Pages
17 thru 19, Palm Beach County records, and
.
~I .1'
~
~- -
The Plat of Lakewoode Section I as recorded in Plat
Book 33, Pages 103 and 104, Palm Beach County records,
and
The Plat of Lakewoode Section II as recorded in Plat
Book 33, Pages 105 and 106, Palm Beach County records,
and
The Plat of Lakewoode Section III as recorded in Plat
Book 34, Pages 99 and 100, Palm Beach County records,
and
The Plat of Pinelake as recorded in Plat Book 36.
pages 165 and 166, Palm Beach County records, and
The Plat of Arboridge as recorded in Plat book 36,
pages 132 and 133, Palm Beach County records, and
The Plat of The Fairways as recorded in Plat Book 39,
Pages 62 and 63, Palm Beach County records.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning Map of the City
of Delray Beach, Florida, to conform with the provisions of Section 1
hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
. -2- Ord. No. 58-91
1(-1'
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROJv1: CITY MANAGERZ'1v1
SUBJECT: AGENDA ITEM # ,2.1> - MEETING OF AUGUST 27, 1991
ORDINANCE NO. 59-91
DATE: )I.ugust 22, 1991
This is a first reading of an ordinance correcting the zoning
classification for three parcels of land located on the northwest and
northeast corners of the intersection of N.E. 7th Street and N.E. 6th
Avenue (O.C. Taylor) from GC (General Commercial) zone district to AC
(Automotive Commercial) zone district and correcting the Official
Zoning Map.
The Special Adjustment Advisory Board determined that the placement of
GC zoning instead of AC zoning on the property, while not necessarily
inappropriate, may have been inadvertent. This ordinance addresses
all three parcels. Parcels 1 and 2 are part of a full service
automobile dealership. All other such operations were changed from SC
to AC when the zoning district conversions were made. It is clear
that an improper change occurred.
Parcel 3 , however, has different circumstances. There are at least
two auto repair or paint and body work uses on this block which are
not a part of the O.C. Taylor full service dealership (they are
iEdependently leased operations). The Commission may find that the GC
zoning on Parcel 3 is appropriate and consistent with other zoning
conversions undertaken with adoption of the LDRs and make no change or
approve the change as proposed in this ordinance. In any case, the
Commission by motion should so direct at first reading. A detailed
staff report is attached as backup material for this item.
Recommend approval of Ordinance No. 59-91 on first reading.
\
'/'v
C I T Y COM MIS S ION DOC U MEN T A- T ION
TO: ~ ,T. HARDEN, CITY MANAGER
> W~k0C'[~
FROM: DAVID J. KOVACS, DI ECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 27, 1991
CORRECTION ORDINANCE, ZONING MAP - O.C. TAYLOR
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance correcting the
Official Zoning Map.
The affected property involves three contiguous areas owned
by O.C. Taylor. They are all located on NE 6th Avenue,
south of 8th Street. Auto use is in each location.
BACKGROUND:
These possible errors in the Official Zoning Map came to the
attention of City officials through correspondence from Robert
Feiderspeil, Attorney, representing the property owner. A request
was made for consideration of special relief pursuant to Section
2.4.7(F)(2). The Special Advisory Board met and determined that
the zoning may have been inadvertently changed. Please see
letter of August 8th from Mr. Kovacs to Mr. Feiderspeil regarding
their determination.
ANALYSIS:
Attached is a map which shows each of the three areas and the
uses thereon. Clearly parcels 1 and 2 ~ part of a full service
automobile dealership. All other such operations were changed
from S.C. to A.C. when the zoning district conversions were made.
It is clear that an improper change occurred.
Parcel 3, however, has different circumstances. There are at
least two uses on this block which have auto repair or paint and
body work and which are not a part of the O.C. Taylor full
service dealership (they are independently leased operations). In
similar circumstances, at the time of conversion of the zoning,
the A.C. zone district was not applied. The rationale for not
applying the zoning was (and is) as follows:
~I Ii
City Commission Documentation
Meeting of August 27, 1991
Correction Ordinance, Zoning Map - O.C. Taylor
Page 2
* previous to the LDRs, auto repair use was not allowed
in SC zoning (except as a part of a full service
dealership) thus, all such uses along Federal Highway
were nonconforming;
* while there is an intent to allow such uses along
Federal Highway, there was not an intent to accommodate
all such uses in their present state, thus, their
nonconforming status was not removed;
* the owner of property which has such a business may
petition for a rezoning and concurrent conditional use.
During the review and approval process the appropriate
degree of upgrading will then be determined.
* NOTE: The above procedure, actions, and rationale
pertain to used car lots also.
Methods of Disposition re Parcel 3: Besides agreeing with the
petitioner and "correcting" the zoning to A.C., the City
Commission may find that the zoning on Parcel 3, as GC, is
appropriate and consistent with other zoning conversions
undertaken with adoption of the LDRs and make no change. If this
action is taken, the property owner still has the option to make
a formal application and proceed through the formal process for
rezoning and conditional use approval with the parcel being
considered on its own merits (as opposed to the general rationale
used in the conversion). If the City Commission feels that the
attendant fees ($900 for zoning, $450 conditional use) are not
appropriate to be charged given the situation, they may waive
those fees.
PLANNING AND ZONING BOARD CONSIDERATION
Since this item is being considered under the special relief
provisions of the LDRs and pertains to the inadvertent or
inappropriate nature of the action, the Planning and Zoning Board
is not involved.
RECOMMENDED ACTION:
By motion, approval of the correcting ordinance but only as it
pertains to parcels 1 and 2.
Attachment:
* Ordinance prepared by others
* Letter of petition by Robert Feiderspeil
* Response letter by David Kovacs
* Parcel description map (Dearden)
REF/DJK#84/CCTAYLOR.TXT
~'TY OF DElR"Y BEn(H 8
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1 CIU : 1 ':.' , r':. ~'. 1 ~ L' ~_ I, P ~\) P ~~ :~ C H ;- t ~_~: ~ I ~_),\ ~~ ~l1.14 . 407.'741700')
August 8, 1991
Robert Feiderspeil, Attorney
501 East Atlantic Avenue
Delray Beach, FL 33483
Re: Special Zoninq Relief - O.C. Taylor
Dear Robert:
This letter confirms a determination made by the Special
Adjustment Advisory Board with regard to the zoning on the above
property.
The determination of the Board was that the placement of GC
zoning instead of AC zoning on the property, while not
necessarily inappropriate, may have been inadvertent. Their
determination was based on the following rationale:
* All other full service automobile dealerships were placed in
the AC Zone District designation. There was no record that
those properties which have dealership use were to be
treated differently.
* While parcel 3 is not necessarily, in its entirety
associated with the dealership - by virtue of common
ownership - it is appropriate to revisit the zoning
designation concurrent with the correcting ordinance
for parcels 1 and 2.
Accordingly, a correcting ordinance will be prepared and placed
before the City Commission for first reading on August 27, 1991,
unless you request otherwise.
QiallY.
~ 12~/ j V(J U(\('
~ 0 .lcf'J. iovacs, Di.fector
Department of Planning and Zoning
DJK/cm
c:
Jeff Kurtz, City Attorney
Thomas Purdo, Board Member
Wm. F. Andrews, Board Member
Jerry Sanzone, Board Member
Special Relief Fi~-e" F; r' I:r AI" M,\ II! H
"."
SPINNER. DITTMAN. FEDERSPIEL & DOWLING
-
ATTORN EYS AT LAW
A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS
SOl EAST ATLANTIC AVEN JE
DELRAY BEACH, FLORIDA 33483
(407) 276-2900
ROBERT A. DITTMAN 'AX
DONALD C. DOWLING (4071 276- 54B9
ROBERT W. ,EDERSP1EL, p, A. WEST PALM BEACH LINE
JOHN W, SPINNER (407) 736-0400
- ,
July 26, 1991 - -. _...-
. .,...~, '
Mr. David Kovacs
Director of Development Services
City of De1ray Beach ~-
100 NW 1st Avenue d
Delray Beach, FL 33444
F~'!;_~:\: ,~~.~ .~.: <; ..~ -~
RE: Special Adjustment Advisory Board Relief
O.C. Taylor Motors, Inc. ..-
Dear David:
I represent Arthur J. Taylor and Tillie M. Taylor, who are the owners of the
following parcels:
Parcel 1: Lots 1-11, inclusive; Lots 34 through 36, inclusive; Lots
37 through 39, inclusive; Lots 63 and 64 of McGINLEY AND GOSMAN'S
SUBDIVISION, as per Plat thereof on file in the office of the Clerk
of the Circuit Court in and for Palm Beach County, Florida, recorded
in Plat Book 2, Page 87
As well as the abandoned alleyway running North and South which
bisects said property lying between Northeast Seventh Street and
Northeast Eighth Street; and the abandoned road right-of-way running
East and West bisecting said property, formerly known as Northeast
Seventh Court, lying between Northeast Fifth Avenue and Northeast
Sixth Avenue.
Parcel 2: Lots 12, 13 and 14; the West 24 feet of Lot 15; the
West 24.0 feet of Lot 30; Lots 31, 32 and 33; and that part of the
South half of the abandoned right of way for N.E. 7th Court
abandoned by City of Delray Beach Resolution No. R-74-656 recorded
in Official Record Book 2347, Page 604 of the Public Records of Palm
Beach County, Florida lyinq adjacent to said West 24.0 feet of Lot
30 and Lots 31, 32, and 33, less the right of way for State Road No.
5 (U.S. Highway No. 1) , less the West 5.0 feet of said Lots 12 and
33, and less that part of said Lot 12 included in the external area
of a 15.0 feet radius arc, tangent to a line 5.0 feet East of and
parallel with the West line of said Lot 12, said arc also being
tangent to the South line of said Lot 12, all lying and being in
MCGINLEY AND GOSMAN'S SUBDIVISION according to the Plat thereof
recorded in Plat Book 2, Page 87 of the Public Records of Palm Beach
County, Florida
TOGETHER WITH the West 24 feet of Lots 15 and 30, McGINLEY AND
GOSMAN SUBDIVISION, according to the Plat thereof recorded in Plat
'Book 2, Page 87, of the Public Records of Palm Beach County,
Florida, together with the South Half of the abandoned right of way
of Northeast Seventh Court, lying immediately North of the above
described real property
Mr. David Kovacs
July 26, 1991
Page 2
Parcel 3: Lots 14-19, inclusive, HOFMAN ADDITION Subdivision,
according to the Plat recorded in Plat Book 5, Page 3, of the Public
Records of Palm Beach County, Florida, LESS the road right-of-way
for Northeast Fifth Avenue (Southbound U.S. 11) , and Lots 21 - 25,
inclusive, HOFMAN ADDITION Subdivision, according to the Plat
thereof recorded in Plat Book 5, Page 3, of the Public Records of
Palm Beach County, Florida, LESS the road right-of-way for Northeast
Sixth Avenue (Northbound U.S. 11)
We believe that an error has been made in the rezoning of the above-described
parcels and that the proper zoning for all three parcels would be AC.
O.C. Taylor Motors, Inc. operates a full service auto dealership for Chrysler,
Plymouth, Hyundai and Volkswagen upon Parcels 1 and 2. Our client utilizes a
portion of Parcel 3 for vehicle storage pertaining to the full service dealership
located on Parcels 1 and 2. As well, two buildings are leased out within Parcel
3 for use as an auto repair shop on the one hand and a paint and body shop on the
other. Given the fact that the Acura dealership adjacent to our clients'
property was zoned AC as well as other property to the South (the former Zankl
site), it would appear to be inconsistent to not have zoned our clients' property
AC as well and it is our opinion that the same has occurred as a result of a
mistake or oversight.
We request the special Adjustment Advisory Board to review this matter as soon
as possible and we remain available to discuss any matters relating to the
situation with them.
Thank you for your attention to this matter.
Sincerely,
ROBERT W. FE;t)ERSPIEL, P.A.
,
--
--
Robert W. Federspiel
br
The the request herein set forth:
.111
ORDINANCE NO. 59-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR THREE PARCELS OF LAND LOCATED ON
N.E. 6TH AVENUE, SOUTH OF N.E. 8TH STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM GC (GENERAL
COMMERCIAL) DISTRICT TO AC (AUTO RELATED COMMERCIAL)
DISTRICT: AND CORRECTING "ZONING MAP OF DELRAY BEACH,
FLORIDA, 1990": PROVIDING A GENERAL REPEALSR CLAUSE;
PROVIDING A SAVING CLAUSE: PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the subject property is shown as being zoned GC
(General Commercial) District on the Zoning District Map of the City of
Delray Beach, Florida, dated October 1, 1990; and,
WHEREAS, a review of City records indicates that such zoning
classification was inadvertently applied to said property: and,
WHEREAS, Section 2.4.7(F) (2) of the Land Development Regula-
tions has made provisions for relief from improper regulations: and,
WHEREAS, a request has been made with respect to the subJect
property and has been reviewed by the Special Adjustment Advisory Board,
with a determination that the zoning may have been inadvertently
changed: and,
WHEREAS, it is appropriate that the Zoning District Map of the
City of Delray Beach, Florida, dated October 1, 1990, be corrected to
reflect the proper zoning classification thereof,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray
Beach, Florida, dated October 1, 1990, be, and the same is hereby
corrected to reflect a zoning classification of AC (Auto Related
Commercial) District for the following described property:
Parcell:
Lot 1-11, inclusive: Lots 34 through 36, inclusive:
Lots 37 through 39, inclusive; Lots 63 and 64 of
McGINLEY AND GOSMAN'S SUBDIVISION, as per Plat thereof
on file in the office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, recorded
in Plat Book 2, Page 87
As well as the abandoned alleyway running North and
South which bisects said property lying between N.E.
7th Street and N.E. 8th Street; and the abandoned road
right-of-way running East and West bisecting said
property, formerly known as N.E. 7th Court, lying
between N.E. 5th Avenue and N.E. 6th Avenue.
Parcel 2:
Lots 12, 13 and 14; the West 24 feet of Lot 15; the
West 24.0 feet of Lot 30; Lots 31, 32 and 33; and that
part of the South half of the abandoned right-of-way
for N.E. 7th Court abandoned by City of Delray Beach
Resolution No. R-74-656 recorded in Official Record
Book 2347, Page 604 of the Public Records of Palm
Beach County, Florida, lying adjacent to said West
24.0 feet of Lot 30 and Lots 31, 32 and 33, less the
<
.
right-of-way for State Road No. 5 (U. S. Highway No.
1) , less the West 5.0 feet of said Lots 12 and 33, and
less that part of said Lot 12 included in the external
area of a 15.0 feet radius arc, tangent to a line 5.0
feet East of and parallel with the West line of said
Lot 12, said arc also being tangent to the South Ilne
of said Lot 12, all lying and being in McGINLEY AND
GOSMAN'S SUBDIVISION according to the Plat thereof
recorded in Plat Book 2, Page 87 of the Public Records
of Palm Beach County, Florida
TOGETHER WITH the West 24 feet of Lots 15 and 30,
McGINLEY AND GOSMAN'S SUBDIVISION, according to the
Plat thereof recorded in Plat Book 2, Page 87, of the
Public Records of Palm Beach County, Florida, together
with the South Half of the abandoned right-of~way of
N.E. 7th Court, lying immediately North of the above
described real property.
Parcel 3 :
Lots 14-19, inclusive, HOFMAN ADDITION Subdivision,
according to the Plat recorded in Plat Book 5, Page 3,
of the Public Records of Palm Beach County, Florida,
LESS the road right-of-way for N.E. 5th Avenue
(Southbound U.S. #11 , and Lots 21 - 25, inclusive,
HOFMAN ADDITION Subdivision, according to the Plat
thereof recorded in Plat Book 5, Page 3, of the Public
Records of Palm Beach County, Florida, LESS the road
right-of-way for N.E. 6th Avenue (Northbound U.S. # 11 .
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning Map of the City
of Delray Beach, Florida, to conform with the provisions of Section 1
hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of thls
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
-2- Ord. No. 59-91
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M E M 0 RAN DUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t~;
SUBJECT: AGENDA ITEM #1 ~ E: - MEETING OF AUGUST 27, 1991
ORDINANCE NO. 60-91
DATE: AUGUST 22, 1991
This is a first reading of an ordinance correcting the zoning
classification for a parcel of land located on the south side of N.W.
4th Street, adjacent to the Cason United Methodist Church facility
from R-1A (Single Family Residential) District to CF (Community
Facilities) District and correcting the Official Zoning Map.
Previously, the Church had requested that the church property be
zoned to CF. Apparently, during that process, the legal descriptions
for those lots were inadvertently omitted and thus, that property was
retained as R-1A.
The Special Adjustment Advisory Board will meet on Tuesday, August
27th, to determine if the zoning was not changed to the requested
designation in error. A recommendation will be provided at your
meeting.
Recommend approval of Ordinance No. 60-91 on first reading, subject
to a favorable determination by the Special Adjustment Advisory
Board.
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C I T Y COM MIS S ION DOC U MEN TAT ION
TO: DAVID T. HARDEN, CITY MANAGER
FROM: PAUL DORLING, PLANNER r1}J ~
RE: MEETING OF AUGUST 27, 1991
CORRECTION ORDINANCE, ZONING MAP - CASON UNITED
METHODIST CHURCH
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance correcting the
official Zoning Map.
BACKGROUND:
This possible error in the official Zoning Map has come to the
attention of Cit;.~f~ic~~~th:OU9h corre~pondence from Paul J.
Steele, Chairpet orifo ~C son On1ted Method1st Church. A request
was made for consideration of special relief pursuant to Section
2.4.7(F)(2) .
The Special Advisory Board will meet on August 27, 1991 and
determine if the zoning was not changed to the requested
designation in error. The normal sequence of events is the
Special Advisory Board would meet and by unanimous vote place
this item before the City Commission. However, given the Sunset
Clause provision of Section 2.4.7(F) (2) (d) of September 1, 1991
and the recent identification it was prudent to place this item
before the Commission pending the Special Advisory Board Meeting
of August 27, 1991-
ANALYSIS:
During review of the Citywide zoning changes effective October 1,
1990 a representative of the Cason United Methodist Church met
with City officials and attended the Planning and Zoning Board
and City Commission hearings. At these meetings a request to
have the church property zoned to CF was discussed and ultimately
assigned to the portion of property on which the church sits.
Apparently, in assigning the CF zoning designation no legal
description of the churches holdings was reviewed and Lots 1-6
Block 41 owned by the church since 1963 were retained as R-1A
instead of combined with the balance of the church site.
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.
City Commission Documentation
Correction Ordinance, Zoning Map - Cason United Methodist Church
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
Since this item is being considered under the special relief
provision of the LDRs and pertains to the inadvertent or
inappropriate nature of the action, the Planning and Zoning Board
is not involved.
RECOMMENDED ACTIONS:
A recommendation will be provided at the City Commission meeting
based on the findings of the Special Advisory Board meeting of
August 27, 1991.
Attachments:
* August 21, 1991 Letter from Mr. Paul J. Steele
* Zoning Map
PD/#42/CCCASON.TXT
Cason United lVlethodist Church
342 North Swinton Avenue
Delray Beach, Florida 33444
(407) 276-5302
August 21, 1991
Pastor
Robert It Finch
.-\ ""date Pa.stor Mr. David Kovacs, Planning Director
.-\Ian s. Brewsler City of Delray Beach
100 NW 1st Avenue
('ctOT of Lay !'t1inistrles Delray Beach, Fl. 33444
I'alli ,ann lIopk ins
\1ini.ster of \1usic RE: 1- Letter from Jasmine Allen re: Conditional
Hradley J. Slevens Use Modification for Cason United Methodist
Church.
Youth Pastor
R,ck Thompson 2. Land Development Regulation hearings June,
July and August 1990.
Dear David:
I am in receipt of a letter from Jasmine Allen of your
office dated August 20, 1991 regarding item one above. This
letter was written as a result of Cason United Methodist
Church's application for expansion of its facility.
The two issues at hand are zoning of the church property and
the operation of the child care facility by the church.
~Q!!nf~
Reference is made to my personal meetings with you, planning
and zoning hearings and city commission hearings during the
Illonths of June, July and August 1990 regarding the zoning of
the church property and the church's plans for expansion of
its facilities and the effect the new land development
regulations of the city would have on the church site.
It was agreed to by planning and zoning and approved by the
city cOJllmission that the church site be zoned CF (Community
Facility) and that the site would not be part of the
historic preservation district.
Evidently the legal description of the church property was
not reviewed and the six lots (Lots 1 thru 6, Block 41) in
the western sector of the site remained zoned R-1A while the
rest of the church property was zoned CF (Community
Facility). These lots have been owned by the church since
1963.
Now that the church is in it's expansion plans, today's
letter indicates we JIIust apply to have the property rezoned
thus causing delays and additional cost to the church.
""
Mr David Kovacs", City Planner
City of Delray Beach
Page 2
It is my understanding from talking with Jasmine that there
is relief and the Special Adjustment Advisory Board can
recommend to the City Commission corrective action to
correct the zoning. It is also my understanding that this
has to be accollpliah~d.before the sunset date of Sept. 1,
1991. - - . - "~:('.,~~;.'
I discussed this matter with Bob Barcinski", Assistant City
Manager", today and verbally requested this be a City
Commission agenda item for August 27", 1991.
This letter is a formal written request to correct the
zoning of the total church parcel to CF {Community Facility>
zoning which was the original intent of our request during
the land development regulation hearings.
gtl!6Q_g~Bg_E~g!6!IY
The letter also indicates that the child care facility which
has been operated by the church since 1986 never received
approval from the city. ,
I discussed this matter with some of the individuals
involved at the time of origination and I was advised that
we worked directly with the staff of the city to make sure
the facility was in compliance and would not be in violation
of city codes. In particular Mel Pendergra%t's name was
mentioned. The church obtained occupational licenses for
the child care facility from the initial date and has done
so each year since. Also. we are inspected regularly by
Larry Garito of the fire department for compliance.
. A review this date with Jasmine of the old zoning codes at
the time the day care was established shows that "Churches
or places of worship and their attendant educational, ~h!.!Q
~~~!!. recreationa.l and columbarium facilities" was a
conditional use of the zoning. Since the church has been on
the site since 1969 it appears that zoning was not an issue
at the time of establishment of the child care program but
rather a city staff approval process to make sure codes were
complied with. It does not seem to me that the city would
issue an occupational license for operation of the child
care program without the proper approval process being
complied with at that time.
I feel that the church has always been in compliance with
city zoning codes and a conditional use application should
not be necessary.
Mr David Kovacs, City Planner
City of Delray Beach
Page 3
Also, if my interpretation of the letter of August 20, 1991
ia correct. i% t.he t.ot.al church site has a CF (Community
Facility> zoning classification this application would not
be necessary.
This letter is a formal request that the city not require
this conditional use modification application.
Bg~!g~
I feel as the Chairman of the Board of Trustees of Cason
United Methodist Church that we made a diligent and
responsible represent.ation to the City during the land
development. regulat.ion process of the church's intent. on its
zoning request and the uses the church provides and intends
to provide to the City of Delray Beach. It is respectfully
requested that the Special Adjustment Advisory Board and the
Cit.y Commission respond favorably with corrective action
upon this request for proper zoning and conditional use
modification as outlined.
,
Thank your for your consideration.
Sincerely yours,
dArL/o
Paul . Steele
Chairperson
Board of Trustees
cc: Jasmine Allen
City Managers Office
City Commission
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CITY OF DELRAY BEACH j' , ;
LICENSE NO.
OCCUPATIONAL '-'CENSE 04141
1ge5-19~6 ,
NE~ ' . RENEWAL
OWNER ,
WEE CARE AT CASON --- DATE ISSUED~/ -; 7/86
CONTROL NO. .. ,.,. ";1 I
t.,tf,.""..I.."'.....,.".,',.,.. LICENSE FEE GRATIS
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WEE _ CAR t: AT CASC~
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LOCATION \. ~ TRANSFER FEE . 0 (:
'342 NO. ShINTON AVF.. I
CLASSIFICATION Z I TOTAL AMOUNT PAID .00
SCHOOLS-OVEr' tS PUPILS \. LICENSE ISSUED FOR THE PERIOD
OCTOBER 1 1 c; 8 5 TO SEPTEMBER 34. 986
WI;E CAHE:. AT CASUN LICENSE MUSi\BE CONSPICUOUSLY DISPLAyeD
3~2 NO. SWINTON AVf.
OtlRAY iH~ACH,Fl 33444 TO PUBLIC VIEW AT BUSINESS LOCATION
NOTICE: This license becomes NULL and VOID if ownership, business name, or address is changed. Licensee must apply to License Department fOf
Transfer. The mistaken issuance of a license shall not be deemed to be a waiver of any provision of the City Code nor shall the issuance of a license be
construed to be a judgement of the City as to the competence of the applicant to transact the licensed business.
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,
ORDINANCE NO. 60-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE ZONING
CLASSIFICATION FOR A PARCEL OF LAND LOCATED ON THE
SOUTH SIDE OF N.W. 4TH STREET, LYING WESTERLY OF AND
ADJACENT TO THE CASON UNITED METHODIST CHURCH
FACILITY, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM
R-1A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF
(COMMUNITY FACILITIES) DISTRICT: AND CORRECTING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1990": PROVIDING
A GENERAL REPEALER CLAUSE: PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is shown as being zoned R-IA
(Single Family Residential) District on the Zoning District Map of the
City of Delray Beach, Florida, dated October 1, 1990; and,
WHEREAS, a review of City records indicates that such zoning
classification was inadvertently applied to said property; and,
WHEREAS, Section 2.4.7(F) (2) of the Land Development Regula-
tions has made provisions for relief from improper regulations: and,
WHEREAS, a request has been made with respect to the subJect
property and has been reviewed by the Special Adjustment Advisory Board,
and has been determined to be the result of improper enactment: and,
WHEREAS, it is appropriate that the Zoning District Map of the
City of Delray Beach, Florida, dated October 1, 1990, be corrected to
reflect the proper zoning classification thereof,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray
Beach, Florida, dated October 1, 1990, be, and the same is hereby
corrected to reflect a zoning classification of CF (Community
Facilities) District for the following described property:
Lots 1 through 6, inclusive, Block 41, Plat of the
Subdivision of Block 41, of the City of Delray Beach,
Florida, recorded in Plat Book 5, Page 65, in the
Public Records of Palm Beach County, Florida, less the
North 10.00 feet of said Lot 1, Block 41. The same
being described according to the City of Delray Beach
Resolution No. 1463, for a road right-of-way easement;
and, that portion of Northwest Second Avenue bounded
on the north by Northwest Fourth Street and bounded on
the south by an easterly projection of the south lot
line of Lot 6, Block 41, Plat of the Subdivision of
Block 41, of the City of Delray Beach, Florida,
recorded in Plat Book 5, Page 65, in the Public
Records of Palm Beach County, Florida. The same being
described according to City of Delray Beach Resolution
No. 1463, vacating and discontinuing said portion of
Northwest Second Avenue.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning Map of the City
of Delray Beach, Florida, to conform with the provisions of Section 1
hereof.
'1.1'
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Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective imr:le-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1991.
MAY 0 R
ATTEST:
City Clerk
First Reading
Second Reading
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-2- Ordo No. 60-91